Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
CP 2022-04-12
City Council City of Coppell, Texas Meeting Agenda 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers5:30 PMTuesday, April 12, 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 4/8/2022 1 April 12, 2022City Council Meeting Agenda Consultation with City Attorney and special legal counsel, regarding City of Coppell, et. al. vs. Glenn Hegar, Texas Comptroller of Public Accounts. 3.Work Session (Open to the Public) 1st Floor Conference Room A. Discussion regarding agenda items. B. Receive update from Coppell ISD. C. Discussion regarding Service Center improvements. D. Discussion regarding a request from Coppell Historical Society to donate a home to be placed in Heritage Park. E. Discussion regarding proposed Code of Conduct. F. American Rescue Plan (ARP) Funds Update. Historical Society Request Memo.pdf Service Center Improvements Project Memo.pdf Business Support Memo.pdf ARPA Prioritization Memo.pdf ARP Council Prioritization.pdf Attachments: Regular Session 4.Invocation 7:30 p.m. 5. Pledge of Allegiance 6. Citizens’ Appearance Proclamations 7.Consider approval of a Proclamation celebrating April 2 - May 1, 2022, as “Month of Ramadan”; and authorizing the Mayor to sign. Ramadan Proclamation.pdfAttachments: 8.Consider approval of a Proclamation designating the week of April 17 - 23, 2022, as “Volunteer Week” in the City of Coppell; and authorizing the Mayor to sign. Volunteer Week Proclamation.pdfAttachments: 9.Consent Agenda A.Consider approval of Minutes: March 8, 2022, and March 22, 2022. CM 2022-03-08.pdf CM 2022-03-22 WKS.pdf Attachments: B.Consider approval of an Ordinance for PD-260R4-R, a zoning change request from PD-260R3-R (Planned Development-260-Revision 3-Retail) Page 2 City of Coppell, Texas Printed on 4/8/2022 2 April 12, 2022City Council Meeting Agenda to PD-260R4-R (Planned Development-260-Revision 4-Retail) to revise the Planned Development to allow for an increase in the height/size and to allow for changeable letters on a proposed monument sign previously approved; on 1.49 acres of property located 1601 E. Sandy Lake Road; and authorizing the Mayor to sign. City Council Ordinance Memo.pdf Ordinance.pdf Exhibit A - Legal Description.pdf Exhibit B - Site Plan.pdf Exhibit C - Signage Plan.pdf Attachments: C.Consider approval to purchase server hardware from CDW-G TIPS contract # 200105, in the amount of $65,452.17 as budgeted; and authorizing the City Manager to sign all necessary documents. Memo.pdf CDWG Proposal.pdf Attachments: D.Consider approval of an Ordinance amending Article 8-3, Parking, Section 8-3-6, Truck Parking (excess of one and one-half tons)(A) of the Code of Ordinances by adding a subsection to make it unlawful to stop, stand, or park a vehicle/truck weighing more than 1.5 tons at all times, on Canyon Drive and on Northwestern Drive, and authorizing the Mayor to sign. No Parking ORD Memo.pdf Exhibit - No Parking ORD.pdf No parking ORD.pdf Attachments: E.Consider award of a bid and approval to enter into a contract with Advance Contracting Group; for the Falcon Lane, Mockingbird Lane, Dividend Drive Panel Replacement Project TAX 2021A; in the amount of $1,457,364.00; as budgeted in the ¼ cent Sales Tax Fund; and authorizing the City Manager to sign all necessary documents. Panel Replacement Design Memo.pdf Exhibit.pdf Bid Tab for Panel Replacement Tax 2021A.pdf Agreement for Panel Replacement Tax 2021A.pdf Attachments: F.Consider award of a bid and approval to enter into a contract with ARI Phoenix; through Sourcewell contract #013020-ARP; for the replacement of existing heavy-duty mobile column lifts; in the amount of $68,918.21; budgeted in General Fund; and authorizing the City Manager to sign all necessary documents. Vehicle Lift Replacement Memo.pdf Vehicle Lift Replacement Quote.pdf Attachments: G.Consider approval of Coppell Recreation Development Corporation Page 3 City of Coppell, Texas Printed on 4/8/2022 3 April 12, 2022City Council Meeting Agenda appointment of officers. Memo.pdfAttachments: H.Consider approval of accepting the resignation of Todd Storch from Smart City Board and appointing alternate member, Paula Waldron, to a regular member for the remainder of the unexpired term; and appointing Megan Forbes to an alternate member to fill the unexpired term. Smart City Board Memo.pdf Smart City Board Member Resignation.pdf Attachments: End of Consent Agenda 10.PUBLIC HEARING: Consider approval of PD-289R-C, CISD 9th Grade Center Locker Room Building Addition, a zoning change request from PD-289-C to PD-289R-C (Planned Development-289 Revised- Commercial), to revise the Planned Development and approve a 2,800 square-foot locker room on 51.59 acres of land located on the southwest quadrant of Wrangler Drive and Crestside Drive at the request of Coppell Independent School District (C.I.S.D.) being represented Robert Howman of Glenn Engineering. City Council Memo.pdf PZ Staff Report.pdf Overall Site Plan.pdf Detail Site Plan.pdf Demolition Plan.pdf Elevations & Signage.pdf Attachments: 11.PUBLIC HEARING: Consider approval of a zoning change to PD-113R-SF-9 (Planned Development-113 Revised-Single Family-9), to allow for an 18-foot, 8-inch rear yard setback for a building addition to support special accommodations for a disabled resident on 8,400 square feet of property located 416 Pecan Hollow Drive, at the request of Ed Guifarro representing Dr. John Ibekwe. City Council Memo.pdf Staff Report.pdf Site Plan.pdf Existing & Proposed Floor Plan.pdf Elevations.pdf Attachments: 12.PUBLIC HEARING: Consider approval of an ordinance of the City of Coppell, Texas, readopting, ratifying, republishing and extending Chapter 9 of the Code of Ordinances, Article 9-19, Youth Camp Programs Standards of Care; and Page 4 City of Coppell, Texas Printed on 4/8/2022 4 April 12, 2022City Council Meeting Agenda authorizing the Mayor to sign. Memo.pdf Standards of Care.pdf Ordinance.pdf Attachments: 13.Consider approval of an Ordinance amending the current Short-Term Rental Ordinance found in Chapter 9, Article 9-29, Section 9-29-14 in the City of Coppell Code of Ordinances; and authorizing the Mayor to sign. STR Ordinance Adoption Memo.pdf Short-Term Rental Ordinance.pdf Attachments: 14.Consider approval of a Resolution expressing official intent to reimburse expenses associated with City facilities, street improvements, including related drainage, signalization, landscaping, sidewalks, lighting and signage, streetscape improvements and land acquisition; and acquiring, constructing, installing and equipping additions, improvements, extensions and equipment for the City's waterworks and sewer system prior to the issuance of bonds; and authorizing the Mayor to sign. Reimbursement Resolution Memo.pdf Reimbursement Resolution.pdf Attachments: 15.Consider approval to enter into an engineering design contract with Teague Nall and Perkins, Inc.; for the reconstruction of Royal Lane (from I-635 to Sandy Lake Road); in the amount of $1,403,000.00; provided for in undesignated fund balance; and authorizing the City Manager to sign all necessary documents. Royal Lane Design Memo.pdf Exhibit.pdf Royal Lane Design Contract.pdf Attachments: 16.Consider approval of an Ordinance amending the Code of Ordinances Chapter 1 ‘Administration’, by adding new Chapter 1A “Code of Ethics and Conduct”; and authorizing the Mayor to sign. Ordinance adding Chapter 1A Code of Ethics.pdfAttachments: 17.Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 2 ‘Boards and Commissions’ by adding new Article 2-10 ‘Special Legal Counsel/Ethics Review Panel’ to establish an Ethics Review Panel; and authorizing the Mayor to sign. Ordinance adding Article 2-10.pdfAttachments: 18.City Manager Reports - Project Updates and Future Agendas 19. Mayor and Council Reports Page 5 City of Coppell, Texas Printed on 4/8/2022 5 April 12, 2022City Council Meeting Agenda Report by the City Council regarding recent and upcoming events. 20.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 21.Necessary Action from Executive Session 22. Adjournment ________________________ Wes Mays, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 8th day of April, 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 6 City of Coppell, Texas Printed on 4/8/2022 6 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6144 File ID: Type: Status: 2022-6144 Agenda Item Executive Session 1Version: Reference: In Control: City Council 02/15/2022File Created: Final Action: 3.334File Name: Title: Consultation with City Attorney and special legal counsel, regarding City of Coppell, et. al. vs. Glenn Hegar, Texas Comptroller of Public Accounts. 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 2022-6144 Title Consultation with City Attorney and special legal counsel, regarding City of Coppell, et. al. vs. Glenn Hegar, Texas Comptroller of Public Accounts. Summary Page 1City of Coppell, Texas Printed on 4/8/2022 7 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6210 File ID: Type: Status: 2022-6210 Agenda Item Work Session 1Version: Reference: In Control: City Council 04/04/2022File Created: Final Action: WKS 4/12/22File Name: Title: A.Discussion regarding agenda items. B. Receive update from Coppell ISD. C. Discussion regarding Service Center improvements. D. Discussion regarding a request from Coppell Historical Society to donate a home to be placed in Heritage Park. E. Discussion regarding proposed Code of Conduct. F. American Rescue Plan (ARP) Funds Update. Notes: Sponsors: Enactment Date: Historical Society Request Memo.pdf, Service Center Improvements Project Memo.pdf, Business Support Memo.pdf, ARPA Prioritization Memo.pdf, ARP Council Prioritization.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 2022-6210 Title A. Discussion regarding agenda items. B. Receive update from Coppell ISD. C. Discussion regarding Service Center improvements. D. Discussion regarding a request from Coppell Historical Society to donate a home to be placed in Heritage Park. E. Discussion regarding proposed Code of Conduct. F. American Rescue Plan (ARP) Funds Update. Page 1City of Coppell, Texas Printed on 4/8/2022 8 Master Continued (2022-6210) Summary Page 2City of Coppell, Texas Printed on 4/8/2022 9 1 MEMORANDUM To: Mayor and City Council From: Jessica Carpenter, Director of Parks and Recreation Date: April 12, 2022 Reference: Discussion regarding the Coppell Historical Society’s request to relocate and donate a home to be placed in Heritage Park 2040: Pillar 0: Sustainable City Government Goal 3: Well-maintained City Infrastructure General Information: The Coppell Historical Society has approached the City requesting to relocate a home currently located at 532 S Coppell Road to Heritage Park, located at 700 S Coppell Road. The house was constructed in 1905 and is thought to be the oldest home still standing in the City. The current homeowners, Jean and Dave Murph, have expressed a desire to donate the home to the City. Additionally, the current homeowners will cover the cost to physically relocate the home to Heritage Park. Once the home is moved to Heritage Park, the City would be responsible for establishing water and sewer and for the ongoing maintenance of the property. The process to relocate the home would involve hiring an architect to handle the site plan to ensure the home will fit in the proposed location, pouring a foundation, and all obtaining necessary permits before the home can be moved. The Parks and Recreation Department and the Historical Society are seeking direction from City Council regarding their desire to accept the donation of the property. 10 11 1 MEMORANDUM To: Mayor and City Council From: Kent Collins P.E., Director of Public Works Jamie Brierton, Capital Program Administrator Date: April 12, 2022 Reference: Service Center Improvement Project Discussion 2040: Foundation Pillar: Sustainable City Government Goal 4: City Services to Ensure High Levels of Customer Satisfaction Introduction: Staff will present on the history and plans for improvements to the Service Center facility. Analysis: Staff will present information related to planned improvements to the Service Center facility for discussion and feedback. A reimbursement resolution on the agenda this evening includes funding for this project. Fiscal Impact: This is a work session discussion with no fiscal impact. Recommendation: This is a work session discussion with no recommended action. Staff requests feedback on the plans for improvement. 12 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: April 12, 2022 Reference: Work Session: Presentation of Business Support Program Introduction: Numerous businesses in Coppell are struggling to recover to full operation levels after COVID-19. To assist the businesses that have suffered financial hardship, staff has prepared two proposed grant programs to assist eligible businesses to stay in operation. These programs were presented to City Council in Work Session on March 8, 2022, and City Council requested additional research from staff before proceeding. Staff has compiled the data that was available and is prepared to present it to City Council for consideration. Once again, staff is seeking input and direction from City Council on the proposed programs before proceeding. BUSINESS RENT/MORTGAGE ASSISTANCE GRANTS: The first proposed program is designed to assist small businesses with rent/mortgage as they continue to rebuild their businesses. This program is similar to the program that was offered using CARES Funds in 2020 and 2021. After researching programs offered by other cities and counties, most programs do require criteria to qualify for a grant. The criteria range is anywhere from any loss of revenue to a loss of 25% of revenue. The program is designed as follows: The Business Rent/Mortgage Assistance Grant Program is designed to assist small businesses who have endured financial distress. This business assistance program is designed to aid small businesses with their rent/mortgage. All eligible Coppell small businesses, as defined by the SBA, are eligible to apply for the grant, and the maximum grant amount for this program will be $10,000. The business must meet the following specific criteria to qualify for the grant: • Must be located within the city limits of Coppell; • Must be in current compliance with the City of Coppell Code of Ordinances, including all applicable zoning and land use ordinances; 13 2 • Must not be in any litigation with the City of Coppell or the County in which they are located; • Must have a physical store front in the City of Coppell; • Must have a current utility bill showing a Coppell address for the business This program would award a one-time grant of $10,000 to eligible businesses that apply. Grants will be awarded to eligible businesses on a first-come, first-served basis once applications are available, and there will be a continuous call for applications until all funds have been distributed. Staff is proposing to utilize funds provided through the American Rescue Plan Act (ARPA) for this grant program. The proposal is to dedicate $650,000 in funds for the program. REVENUE RECOVERY ASSISTANCE GRANTS: The second proposed program is designed to assist businesses impacted by the reconstruction of S. Belt Line Road. While this program will be offered to businesses located in the construction zone, it will also be extended to identified retail, restaurant and personal service businesses that are impacted by traffic detours off of Denton Tap Road. The proposal is to dedicate $100,000 in funds for the program from the American Rescue Plan Act (ARPA). The program is designed as follows: The Revenue Recovery Assistance Grant Program is designed to assist all retail, restaurant and personal service businesses that will be negatively impacted by the road construction on S. Belt Line Road. All eligible retail, restaurants and personal service businesses identified will be eligible for a one-time grant of $5,000 for revenue recovery. The list of eligible businesses will be available at the time the application is released. The businesses must meet the following specific criteria to qualify for the grant: • Must be identified as an eligible business that is located on S. Denton Tap Road/S. Belt Line Road, south of Sandy Lake Road; • Must be in current compliance with the City of Coppell Code of Ordinances, including all applicable zoning and land use ordinances; • Must not be in any litigation with the City of Coppell or the County in which they are located; • Must be open and operational at the time of grant application and award. This program would award a one-time grant of $5,000 to eligible businesses that apply and are approved. Grants will be awarded on a first-come, first-served basis once applications are available, and there will be a continuous call for applications until all funds have been distributed. The city will also design and promote shopping campaigns for retail businesses negatively impacted by the road construction throughout the duration of the project. Analysis: Businesses identified as eligible for the Revenue Recovery Assistance Grants are eligible to receive both proposed grants. If City Council would like to proceed with these programs, staff will bring forward a Resolution for consideration and approval in April. The grant applications will be made available shortly thereafter. Applications will be reviewed on a weekly basis and will be awarded to all eligible businesses until all funds have been distributed. 14 3 Legal Review: N/A Fiscal Impact: Funding for the Business Rent/Mortgage Assistance Grant Program grant programs is being provided by the Federal Government through ARPA funds. Funding for the Revenue Recovery Assistance Grant Program is being provided by the Federal Government through ARPA funds. Recommendation: Staff is seeking input and direction from City Council on the proposed programs. 15 1 MEMORANDUM To: Mayor and City Council From: Traci Leach, Deputy City Manager Date: April 12, 2022 Reference: Pillars 2, 5, 6, and Foundation Introduction: As part of the American Rescue Plan Act of 2021, the City of Coppell is set to receive a total allocation of $10.2 million. At the September 14, 2021, Work Session, staff presented information regarding the guidelines for eligible uses of ARPA funds and discussed preliminary projects that meet the eligibility criteria. On December 14, 2021, the Council identified the priority projects to fund with ARP dollars. Subsequently, staff has been conducting due diligence on those projects. This agenda item is a follow-up to that discussion to further refine the direction regarding the way ARPA funds are expended. Staff has adjusted the list of projects to provide additional flexibility for funds and projects. Staff will be present to discuss the updated matrix and obtain direction from the Council regarding allocation of the undesignated ARP funds. Legal Review: N/A Fiscal Impact: Unknown at this time. Recommendation: No recommendation, as no action is requested of the Council at this time. 16 Available Balance of Allocation #1: 4,258,515$ Allocation #2:5,131,770$ Total Allocated to Projects:6,451,000$ Includes projects in Priority bands 1-6 Total Available for Future Projects:2,939,285$ Priority Project ARP Category Average Rating Estimated Budget Cumulative Total 1 Metrocrest Services Supplemental Funding Public Health/Negative Economic Impact 7 375,000$ 375,000$ * Woven Health Clinic Public Health/Negative Economic Impact 6.625 250,000$ 625,000$ * Rent Assistance Program Public Health/Negative Economic Impact 6.625 750,000$ 1,375,000$ $650K for rent and $100K for Belt Line business support 3 DeForest Lift Station*Water/Sewer/Broadband Infrastructure 5.875 -$ 1,375,000$ To be funded via Water and Sewer Fund 4 Magnolia Park Trail*Revenue Loss 5.125 1,500,000$ 2,875,000$ * Reconfiguration of Court Clerk Areas Public Health/Negative Economic Impact 4.75 90,000$ 2,965,000$ Creek Bank Stabilization Revolving Loans Revenue Loss 4.75 1,000,000$ 3,965,000$ Parking Lot Cover for Police Vehicles Revenue Loss 4.75 110,000$ 4,075,000$ Moore Road Park Boardwalk*Revenue Loss 4.75 1,260,000$ 5,335,000$ Includes $160K for unanticipated drainage work Pop-Up Business Support Public Health/Negative Economic Impact 4.375 500,000$ 5,835,000$ Fire Station Repairs Revenue Loss 4.375 616,000$ 6,451,000$ Fire Department Bunker Gear*Revenue Loss 4.375 -$ 6,451,000$ To be funded via FY22 budget Fiber Expansion Revenue Loss 4 500,000$ 6,951,000$ Pavement Replacement at Creekview Revenue Loss 4 250,000$ 7,201,000$ Currently unallocated Teams Voice Hardware/Licensing Revenue Loss 3.625 250,000$ 7,451,000$ City-wide LTE Network Revenue Loss 3.625 2,000,000$ 9,451,000$ * Project is currently funded in the FY22 Budget, in the Allocated Fund Balance, or in the 5-Year Forecast a Fire Department Ambluance Project ($1.6M) was funded via FY22 budget Costs By Project Category Social Services 625,000$ Business Assistance 1,250,000$ New Capital Projects 4,816,000$ Allocated Fund Balance 2,760,000$ Included in FY22 Budget -$ Costs by ARP Category Public Health/Negative Economic Impact 1,965,000$ Revenue Loss 7,486,000$ Water/Sewer/Braodband Infrastructure -$ Costs by Funding Status Project is currently funded in the FY22 Budget, is included in the Allocated Fund Balance, or in the 5-Year Forecast 2,760,000$ Unfunded Projects 6,691,000$ 2 6 7 8 5a 17 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6213 File ID: Type: Status: 2022-6213 Agenda Item Proclamations 1Version: Reference: In Control: City Council 04/04/2022File Created: Final Action: Ramadan ProclamationFile Name: Title: Consider approval of a Proclamation celebrating April 2 - May 1, 2022, as “Month of Ramadan”; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Ramadan Proclamation.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 2022-6213 Title Consider approval of a Proclamation celebrating April 2 - May 1, 2022, as “Month of Ramadan”; and authorizing the Mayor to sign. Summary Page 1City of Coppell, Texas Printed on 4/8/2022 18 PROCLAMATION WHEREAS, Ramadan is the holiest month of the Islamic calendar, and marks the first revelation of the Quran to the Prophet Muhammad (peace be upon him); and WHEREAS, Ramadan lasts 29 to 30 days based on the timing of the crescent moon; and WHEREAS, Muslims around the world observe the month by fasting each day from sunrise to sunset; and WHEREAS, the daily breaking of fast, called Iftar, is often celebrated by family and community gatherings; and WHEREAS, Ramadan is regarded as a time for spiritual reflection; increased awareness and giving to the global poor, sick, and hungry; and a bridging of differences between people over a shared commitment to faith; and WHEREAS, Ramadan reminds us that that Muslims have made extraordinary contributions to our country; and WHEREAS, Ramadan, the ninth month of the Muslim calendar year, is a time of introspection and spiritual renewal for Muslims worldwide; and WHEREAS, the end of Ramadan is commemorated by the Eid al-Fitr festival of breaking the fast, a joyous occasion marked by sharing sweets, gifts, and good tidings with family, friends and neighbors; and WHEREAS, Coppell recognizes Muslims around the world celebrating Ramadan and Eid al-Fitr this year. NOW, THEREFORE, I, Wes Mays, Mayor of the City of Coppell, do hereby proclaim April 2 – May 1, 2022, as “MONTH OF RAMADAN” IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this 12th day of April 2022. ATTEST: Wes Mays, Mayor Ashley Owens, City Secretary 19 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6212 File ID: Type: Status: 2022-6212 Agenda Item Proclamations 1Version: Reference: In Control: City Council 04/04/2022File Created: Final Action: Volunteer Week ProclamationFile Name: Title: Consider approval of a Proclamation designating the week of April 17 - 23, 2022, as “Volunteer Week” in the City of Coppell; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Volunteer Week Proclamation.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 2022-6212 Title Consider approval of a Proclamation designating the week of April 17 - 23, 2022, as “Volunteer Week” in the City of Coppell; and authorizing the Mayor to sign. Summary Page 1City of Coppell, Texas Printed on 4/8/2022 20 PROCLAMATION WHEREAS, the entire community can inspire, equip, and mobilize people to take action that changes the world; and WHEREAS, volunteers can connect with local community service opportunities through hundreds of community service organizations; and WHEREAS, individuals and communities are at the center of social change, discovering their power to make a difference; and WHEREAS, experience teaches us that government by itself cannot solve all of our nation’s social problems; and WHEREAS, National Volunteer Week was established in 1974 and has grown exponentially each year; and WHEREAS, during this week all over the nation, service projects will be performed, and volunteers recognized for their commitment to service; and WHEREAS, our city’s volunteer force is a great treasure and is vital to the City of Coppell’s future as a caring and productive community. NOW THEREFORE, I, Wes Mays, Mayor of the City of Coppell, do hereby proclaim April 17 – 23, 2022, as “VOLUNTEER WEEK” in the City of Coppell, Texas, and urge all citizens to volunteer; inspiring, recognizing and encouraging people to see out imaginative ways to engage in the community. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this 12th day of April 2022. ____________________________ Wes Mays, Mayor ATTEST: ___________________________ Ashley Owens, City Secretary 21 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6209 File ID: Type: Status: 2022-6209 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 04/04/2022File Created: Final Action: March 2022 MinutesFile Name: Title: Consider approval of Minutes: March 8, 2022, and March 22, 2022. Notes: Sponsors: Enactment Date: CM 2022-03-08.pdf, CM 2022-03-22 WKS.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 2022-6209 Title Consider approval of Minutes: March 8, 2022, and March 22, 2022. Summary Page 1City of Coppell, Texas Printed on 4/8/2022 22 255 E. Parkway Boulevard Coppell, Texas 75019-9478 City of Coppell, Texas Minutes City Council 5:30 PM Council ChambersTuesday, March 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 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 Managers Vicki Chiavetta and Traci Leach, City Attorney Robert Hager and City Secretary Ashley Owens. The City Council of the City of Coppell met in Regular Session on Tuesday, March 8, 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 Work Session at 5:33 p.m. Work Session (Open to the Public) 1st Floor Conference Room2. A.Discussion regarding agenda items. B. Discussion regarding Regular Session agenda item procedure. C. Update on South Belt Line Reconstruction Project. D. Budget Primer Presentation. E. Presentation of Business Support Program. F. Discussion regarding March 22nd Work Session agenda topics. Presented in Work Session Page 1City of Coppell, Texas 23 March 8, 2022City Council Minutes Regular Session Mayor Wes Mays recessed the Work Session at 7:28 p.m. and reconvened into the Regular Session at 7:35 p.m. Invocation 7:30 p.m.3. Pastor Sumesh with First United Methodist Church gave the Invocation. Pledge of Allegiance4. Mayor Wes Mays and the City Council led those present in the Pledge of Allegiance. Citizens’ Appearance5. Mayor Wes Mays asked for those who signed up to speak: 1) Gary Tanel, 316 Crooked Tree Court, Coppell, 75019, spoke in regards to short term rentals. 2) Thomas Burrows, 138 Wynnpage Drive, Coppell, 75019, spoke in regards to a community concern. 3) Laura Groesch, 109 Wrenwood Drive, Coppell, 75019, spoke in regards to short term rentals. 4) Rick Groesch, 109 Wrenwood Drive, Coppell, 75019, spoke in regards to short term rentals. Consent Agenda6. A.Consider approval of the minutes: February 22, 2022. A motion was made by Councilmember Kevin Nevels, seconded by Mayor Pro Tem Brianna Hinojosa-Smith, that Consent Agenda Items A-D be approved. The motion passed by an unanimous vote. B.Consider approval of awarding a contract to the Garland Company; for the replacement of the roof at the Coppell Justice Center (Police side only); in the amount of $323,800.00; as budgeted; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Kevin Nevels, seconded by Mayor Pro Tem Brianna Hinojosa-Smith, that Consent Agenda Items A-D be approved. The motion passed by an unanimous vote. C.Consider approval to enter into a Project Specific Agreement with Dallas County; for maintenance and improvements to roads and drainage ways at various locations; in the amount of $250,000.00; as budgeted in the Infrastructure Maintenance and Drainage Utility District funds; and authorizing the Mayor to sign. A motion was made by Councilmember Kevin Nevels, seconded by Mayor Pro Page 2City of Coppell, Texas 24 March 8, 2022City Council Minutes Tem Brianna Hinojosa-Smith, that Consent Agenda Items A-D be approved. The motion passed by an unanimous vote. D.Consider approval of a Project Specific Agreement to the Master Agreement Governing Major Capital Transportation Improvement Program (MCIP), for County MCIP Project 20701; by and between the City of Coppell, Texas and the County of Dallas, Texas; for the purpose of constructing transportation improvements on IH 635 at Belt Line Road; with no current fiscal year (FY) impact; potential FY 24-25 impact; and authorizing the Mayor to sign any necessary documents. A motion was made by Councilmember Kevin Nevels, seconded by Mayor Pro Tem Brianna Hinojosa-Smith, that Consent Agenda Items A-D be approved. The motion passed by an unanimous vote. End of Consent Agenda 7.Consider approval of an Ordinance for PD-260R4-R, a zoning change request from PD-260R3-R (Planned Development-260-Revision 3-Retail) to PD-260R4-R (Planned Development-260-Revision 4-Retail) to revise the Planned Development to allow for an increase in the height/size and to allow for changeable letters on a proposed monument sign previously approved; on 1.49 acres of property located 1601 E. Sandy Lake Road, and authorizing the Mayor to sign. Presentation: Matt Steer, Development Services Administrator, made a presentation to the City Council. Mayor Wes Mays opened the Public Hearing and advised that no one signed up to speak. The applicant, Aaron Duncan, 2001 N Lamar Street, Suite 100, Dallas, 75202, was present to address questions and concerns of City Council. Mayor Wes Mays opened the Public Hearing and advised that no one signed up to speak. A motion was made by Mayor Pro Tem Brianna Hinojosa-Smith, seconded by Councilmember Cliff Long, to close the Public Hearing and approve this Agenda Item with no outstanding conditions. The motion passed by an unanimous vote. City Manager Reports - Project Updates and Future Agendas8. Plantation: Paving operations continue, slip-form paving is complete and hand-pours continue; next steps include sidewalks, landscape. Still on schedule for April completion. Royal: Expect April 12th Council meeting for design contract. Concrete Paving Panel Replacement Project: Bid opening was last week and was within $1.8 M budget. Expect April 12 council meeting for construction Page 3City of Coppell, Texas 25 March 8, 2022City Council Minutes award. As a reminder, this is to do major panel replacements on Mockingbird, Falcon, and Dividend. We may come to the Council with a County maintenance project partnership to extend this work onto Sandy Lake and Moore Road. Wagon Wheel Tank Rehab: Contractor should be finished with the interior rehab this week. They have started preparing for exterior paint removal which should begin later this week or next. Roadway Striping: We will be advertising for bids for roadway striping this week and expect to bring it to Council in April for award. The hope is to get Denton Tap and Sandy Lake re-striped with this contract. Other locations are being re-striped as part of ongoing projects such as the intersection improvement project and Belt Line reconstruction. PIER IV: Staff are working on the second billing cycle for the month of February. This is the cycle that is typically billed the last day of the month. They are almost finished with their thorough review of all bills and anticipate mailing bills by the end of the week. CSS & Bank Drafting: 3,545 customers have signed up for the Customer Self-Serve portal. We have 5,049 customers signed up for bank drafting. Kiosk: During February, 368 customers used the Kiosk. Fun Facts: The new minimum time to successfully complete a payment using the Kiosk is now 33 seconds. The previous record was 40 seconds. Mayor and Council Reports9. Report by the City Council on recent and upcoming events. On Friday, March 11th at 7:00 p.m., head to Old Town Coppell for a movie night in the square featuring a showing of Disney's "Encanto." Bring a blanket or chairs to sit on the lawn and get ready to sing along. This event is free. Join the King Tut Anniversary Talk, on March 20, 2022, 2:00 PM - 3:30 PM at the Cozby Library & Community Commons. Rollin Phipps, a retired instructor from the University of Texas at Arlington, will uncover the details of one of the most significant archaeological discoveries of the past 100 years. The second event in the Coppell Chamber of Commerce's 2022 "State of" series will be the State of Transportation luncheon on March 10th with representatives from DFW International Airport, DART and the City of Coppell. Be there for an update on all the latest projects and their possible impacts on Coppell. Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. 10. A. Report on North Central Texas Council of Governments - Mayor Pro Tem Brianna Hinojosa-Smith B. Report on North Texas Commission - Mayor Pro Tem Brianna Hinojosa-Smith Page 4City of Coppell, Texas 26 March 8, 2022City Council Minutes Mayor Pro Tem Brianna Hinojosa-Smith gave updates regarding NCTCOG and advised that she will have future updates on the North Texas Commission. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 11. Nothing to report. Necessary Action from Executive Session12. There was no Executive Session. Mayor Wes Mays recessed the Regular Session at 8:21 p.m. and reconvened into the Work Session at 8:24 p.m. Adjournment13. There being no further business before the City Council, the meeting was adjourned at 9:00 p.m. ________________________ Wes Mays, Mayor ATTEST: ______________________________ Ashley Owens, City Secretary Page 5City of Coppell, Texas 27 255 E. Parkway Boulevard Coppell, Texas 75019-9478 City of Coppell, Texas Minutes City Council 5:30 PM 2nd Floor Conference RoomTuesday, March 22, 2022 Work Session 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 - Work Session (Open to the Public) 2nd Floor Conference Room Call to OrderI. Mayor Wes Mays called the meeting to order, determined that a quorum was present and convened into the Work Session at 5:30 p.m. Citizens’ AppearanceII. Mayor Wes Mays advised that no signed up to speak. III.A.Discussion regarding Value Proposition. B. Update regarding the City’s Compensation Plan. C. Discussion regarding the Five-Year Forecast. D. Discussion regarding the Homestead Exemption. E. Update regarding Utility Billing and Water/Sewer rates. F. Discussion regarding the draft Code of Conduct. Presented in Work Session. Page 1City of Coppell, Texas 28 March 22, 2022City Council Minutes AdjournmentIV. There being no further business before the City Council, the meeting was adjourned at 11:25 p.m. ________________________ Wes Mays, Mayor ATTEST: ______________________________ Sara Egan, Deputy City Secretary Page 2City of Coppell, Texas 29 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6132 File ID: Type: Status: 2022-6132 Agenda Item Consent Agenda 4Version: Reference: In Control: City Council 02/07/2022File Created: Final Action: Trinity River Kayak Monument SignFile Name: Title: Consider approval of an Ordinance for PD-260R4-R, a zoning change request from PD-260R3-R (Planned Development-260-Revision 3-Retail) to PD-260R4-R (Planned Development-260-Revision 4-Retail) to revise the Planned Development to allow for an increase in the height/size and to allow for changeable letters on a proposed monument sign previously approved; on 1.49 acres of property located 1601 E. Sandy Lake Road; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: City Council Ordinance Memo.pdf, Ordinance.pdf, Exhibit A - Legal Description.pdf, Exhibit B - Site Plan.pdf, Exhibit C - Signage Plan.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: 1 PassApproved02/17/2022Planning & Zoning Commission 2 Close the Public Hearing and Approve 03/08/2022City Council Text of Legislative File 2022-6132 Title Consider approval of an Ordinance for PD-260R4-R, a zoning change request from PD-260R3-R (Planned Development-260-Revision 3-Retail) to PD-260R4-R (Planned Development-260-Revision 4-Retail) to revise the Planned Development to allow for an increase in the height/size and to allow for changeable letters on a proposed monument sign Page 1City of Coppell, Texas Printed on 4/8/2022 30 Master Continued (2022-6132) previously approved; on 1.49 acres of property located 1601 E. Sandy Lake Road; and authorizing the Mayor to sign. Summary Fiscal Impact: None Staff Recommendation: Staff recommends approval of this agenda item. Strategic Pillar Icon: Implement Innovative Transportation Networks Page 2City of Coppell, Texas Printed on 4/8/2022 31 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: April 12, 2022 Reference: Consider approval of an Ordinance for PD-260R4-R, a zoning change request from PD-260R3-R (Planned Development-260-Revision 3-Retail) to PD-260R4-R (Planned Development-260- Revision 4-Retail) to revise the Planned Development to allow for an increase in the height/size and to allow for changeable letters on a proposed monument sign previously approved; on 1.49 acres of property located 1601 E. Sandy Lake Road, and authorizing the Mayor to sign. 2040 Pillars: Implement Innovative Transportation Networks Executive Summary: This is an ordinance resulting from Council approval of a request to replace a previously approved monument sign with one that is larger and has non-electronic, acrylic, changeable letters. The applicant operates a seasonal business and would like to advertise when they are open and closed during certain periods of the year and when they have events for boy & girl scout troops and other organizations. Analysis: On February 17, 2022, the Planning and Zoning Commission recommended APPROVAL (6-1) of PD-260R4-R, with no outstanding conditions. On March 8, 2022, the City Council approved the request (7-0). Legal Review: City attorney drafted the ordinances. Fiscal Impact: None Recommendation: The Planning Department recommends approval. Attachments: 1. Ordinance 2. Exhibit A – Legal Description 3. Exhibit B – Site Plan 4. Exhibit C – Signage Plan 32 City of Coppell Ordinance Pg 1 TM 128371 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-260R3-R (PLANNED DEVELOPMENT- 260-REVISION 3-RETAIL) TO PD-260R4-R (PLANNED DEVELOPMENT- 260-REVISION 4-RETAIL) TO REVISE THE PLANNED DEVELOPMENT TO ALLOW FOR AN INCREASE IN THE HEIGHT/SIZE AND TO ALLOW FOR CHANGEABLE LETTERS ON A PROPOSED MONUMENT SIGN PREVIOUSLY APPROVED; ON 1.49 ACRES OF PROPERTY LOCATED 1601 E. SANDY LAKE ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR APPROVAL OF THE SITE PLAN, REVISED SIGNAGE PLAN, ATTACHED HERETO AS EXHIBITS “B” AND “C”; AND PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-260R4-R should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from PD-260R3-R (Planned Development – 260 Revision Three - Retail) to PD-260R4-R, (Planned Development-260 Revision Four-Retail) to revise the Planned Development to allow for an increase in the height, size and 33 City of Coppell Ordinance Pg 2 TM 128371 provide for the use of changeable letters on a proposed monument sign and plan previously approved on 1.49 acres of property located 1601 E. Sandy Lake Road, Coppell, Texas, as described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to the development regulations provided herein. SECTION 2. That the Property will be used, developed and maintained for live/work use within a Retail District as defined and provided in the Code of Ordinances and Plan Development ordinance; and, is hereby approved subject to the following development regulations: A. Except as amended herein, the property shall be developed in accordance with the Ordinance 91500-A-764 and PD 2604-R, which is incorporated herein as set forth in full and hereby republished. B. That said monument sign shall be with acrylic changeable letters, and which shall be externally illuminated and located in accordance with revised Site Plan, Exhibit B; all construction and elements of the sign permitted herein shall be constructed, used and maintained in compliance with the Revised Signage Plan, Exhibit C. C. Any additional structure(s) or improvement to the Property not provided in the attached Revised Site Plan and previously approved shall require the appropriate amendment to the Planned Development zoning ordinance for this Property. SECTION 3. That the Site Plan (Exhibit B) and Signage Plan (Exhibit C), attached hereto, shall be deemed as the development regulations to this development. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. 34 City of Coppell Ordinance Pg 3 TM 128371 SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. 35 City of Coppell Ordinance Pg 4 TM 128371 DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2022. APPROVED: _____________________________________ WES MAYS, MAYOR ATTEST: _____________________________________ ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: ________________________________ ROBERT E. HAGER, CITY ATTORNEY 36 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-260R3-R (PLANNED DEVELOPMENT- 260-REVISION 3-RETAIL) TO PD-260R4-R (PLANNED DEVELOPMENT- 260-REVISION 4-RETAIL) TO REVISE THE PLANNED DEVELOPMENT TO ALLOW FOR AN INCREASE IN THE HEIGHT/SIZE AND TO ALLOW FOR CHANGEABLE LETTERS ON A PROPOSED MONUMENT SIGN PREVIOUSLY APPROVED; ON 1.49 ACRES OF PROPERTY LOCATED 1601 E. SANDY LAKE ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR APPROVAL OF THE SITE PLAN, REVISED SIGNAGE PLAN, ATTACHED HERETO AS EXHIBITS “B” AND “C”; AND PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2022. APPROVED: _____________________________________ WES MAYS, MAYOR ATTEST: _____________________________________ ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: ________________________________ ROBERT E. HAGER, CITY ATTORNEY 37 38 EXHIBIT 'B'39 EXHIBIT 'C'40 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6214 File ID: Type: Status: 2022-6214 Agenda Item Consent Agenda 1Version: Reference: In Control: Information Systems 04/04/2022File Created: Final Action: PurchasingFile Name: Title: Consider approval to purchase server hardware from CDW-G TIPS contract # 200105, in the amount of $65,452.17 as budgeted; and authorizing the City Manager to sign all necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, CDWG 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 2022-6214 Title Consider approval to purchase server hardware from CDW-G TIPS contract # 200105, in the amount of $65,452.17 as budgeted; and authorizing the City Manager to sign all necessary documents. Summary Fiscal Impact: Funding for this purchase of $65,452.17 is available in the General Fund budget. Staff Recommendation: The Enterprise Solutions Staff recommends approval. Strategic Pillar Icon: Page 1City of Coppell, Texas Printed on 4/8/2022 41 Master Continued (2022-6214) Apply 'Smart City' Approach to Resource Management Page 2City of Coppell, Texas Printed on 4/8/2022 42 MEMORANDUM To: Mayor and City Council From: Jerod Anderson, Director of Enterprise Solutions Date: April 12, 2022 Reference: Consider approval to purchase mobile routers from CDW-G TIPS contract # 200105 in the amount of $65,452.17 as budgeted and authorizing the City Manager to execute all necessary documents. Introduction: The City of Coppell has been transitioning from built-in cellular to Mobile Routers in all Public Safety apparatus. With the current Fire apparatus of PC’s being replaced, we are moving to a mobile router to provide more capabilities and redundancy through multiple cellular carriers. Analysis: The City of Coppell currently uses the same mobile routers in all the Police Department vehicles and are now needing to outfit the Fire Department fleet to maintain consistency across the organization and provide a standard hardware solution. This allows the City of Coppell to have one vendor for supporting the hardware, firmware, drivers, software, etc. This proposal is to outfit all 21 Fire Apparatus vehicles with mobile routers along with new improved panorama antenna’s, VPN licenses, maintenance and support. TIPS is The Interlocal Purchasing System and as a member allows the City to purchase from pre- awarded agreements which meets the bid requirements. Legal Review: Agenda item was reviewed by City Attorney. Fiscal Impact: The purchase is $65,452.17 Recommendation: The Enterprise Solutions Department recommends approval. 1 43 Page 1 of 2 QUOTE CONFIRMATION DEAR ERIC LUSK, Thank you for considering CDWG LLC for your computing needs. The details of your quote are below. Click here to convert your quote to an order. QUOTE #QUOTE DATE QUOTE REFERENCE CUSTOMER #GRAND TOTAL MRCV658 3/16/2022 SIERRA WIRELESS PROJECT REV1 3538356 $65,452.17 QUOTE DETAILS ITEM QTY CDW#UNIT PRICE EXT. PRICE Sierra MG90 High Performance Multi-Network Vehicle Router with LTE-Advanced 21 5144921 $1,931.46 $40,560.66 Mfg. Part#: 1103982 UNSPSC: 43222609 Contract: TIPS TechnologySolutionsProductsandServices (200105) Sierra Wireless AirLink MG90 Mounting Bracket 21 4459718 $78.23 $1,642.83 Mfg. Part#: 6001024 Contract: TIPS TechnologySolutionsProductsandServices (200105) Panorama Antenna GP-IN2148 Cable 42 4541788 $268.41 $11,273.22 Mfg. Part#: GP-IN2148 Contract: TIPS TechnologySolutionsProductsandServices (200105) AirLink Preferred Support extended service agreement - 1 year - shipment 21 4411550 $229.13 $4,811.73 Mfg. Part#: 9010184 UNSPSC: 81111811 1 yr AirLink Support for AMM Hosted - For MG devices. Includes AMM Cloud device management and technical support. Electronic distribution - NO MEDIA Contract: TIPS TechnologySolutionsProductsandServices (200105) SIERRA ACM CLNT PER DEV LIC 21 4729715 $284.28 $5,969.88 Mfg. Part#: 9010210 Electronic distribution - NO MEDIA Contract: TIPS TechnologySolutionsProductsandServices (200105) Sierra Wireless AirLink Support - extended service agreement - for Sierra W 21 6702813 $56.85 $1,193.85 Mfg. Part#: 9010442 Electronic distribution - NO MEDIA Contract: TIPS TechnologySolutionsProductsandServices (200105) PURCHASER BILLING INFO SUBTOTAL $65,452.17 Billing Address: CITY OF COPPELL ACCOUNTS PAYABLE DEPT. PO BOX 9478 COPPELL, TX 75019-9478 Phone: (972) 304-7051 Payment Terms: Net 30 Days-Govt State/Local SHIPPING $0.00 SALES TAX $0.00 GRAND TOTAL $65,452.17 44 Page 2 of 2 DELIVER TO Please remit payments to: Shipping Address: COPPELL PD ERIC LUSK 130 TOWN CENTER BLVD COPPELL, TX 75019 Phone: (972) 304-7051 Shipping Method: DROP SHIP-GROUND CDW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 Need Assistance? CDWG LLC SALES CONTACT INFORMATION John Raimondi |(877) 685-2969 |johnrai@cdwg.com LEASE OPTIONS FMV TOTAL FMV LEASE OPTION BO TOTAL BO LEASE OPTION $65,452.17 $1,754.77/Month $65,452.17 $2,027.05/Month Monthly payment based on 36 month lease. Other terms and options are available. Contact your Account Manager for details. Payment quoted is subject to change. Why finance? Lower Upfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line. Flexible Payment Terms. 100% financing with no money down, payment deferrals and payment schedules that match your company’s business cycles. Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. Technology Refresh. Keep current technology with minimal financial impact or risk. Add-on or upgrade during the lease term and choose to return or purchase the equipment at end of lease. Bundle Costs. You can combine hardware, software, and services into a single transaction and pay for your software licenses over time! We know your challenges and understand the need for flexibility. General Terms and Conditions: This quote is not legally binding and is for discussion purposes only. The rates are estimate only and are based on a collection of industry data from numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners. Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration. Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term. This quote is subject to CDW’s Terms and Conditions of Sales and Service Projects at http://www.cdwg.com/content/terms-conditions/product-sales.aspx For more information, contact a CDW account manager ' 2022 CDWG LLC 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 45 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6208 File ID: Type: Status: 2022-6208 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 04/01/2022File Created: Final Action: PW Traffic OrdinanceFile Name: Title: Consider approval of an Ordinance amending Article 8-3, Parking, Section 8-3-6, Truck Parking (excess of one and one-half tons)(A) of the Code of Ordinances by adding a subsection to make it unlawful to stop, stand, or park a vehicle/truck weighing more than 1.5 tons at all times, on Canyon Drive and on Northwestern Drive, and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: No Parking ORD Memo.pdf, Exhibit - No Parking ORD.pdf, No parking ORD.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 2022-6208 Title Consider approval of an Ordinance amending Article 8-3, Parking, Section 8-3-6, Truck Parking (excess of one and one-half tons)(A) of the Code of Ordinances by adding a subsection to make it unlawful to stop, stand, or park a vehicle/truck weighing more than 1.5 tons at all times, on Canyon Drive and on Northwestern Drive, and authorizing the Mayor to sign. Summary Fiscal Impact: None Staff Recommendation: Page 1City of Coppell, Texas Printed on 4/8/2022 46 Master Continued (2022-6208) Staff recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 4/8/2022 47 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: April 12, 2022 Reference: Ordinance for No Parking for vehicles over one and one-half tons on Canyon Drive and Northwestern Drive. 2040: Pillar 0: Sustainable City Government Goal 3: Well-maintained City Infrastructure General Information: This agenda item presents an ordinance prohibiting parking for vehicles over 1.5 tons on Canyon Drive and Northwestern Drive. This ordinance was requested by the Coppell Police Department. Introduction: This agenda item is being presented for approval of an ordinance amending Article 8-3, Parking, Section 8-3-6 Truck parking (excess of one and one-half tons) A. A person commits an offense if he stops, parks, or stands a truck-tractor, road tractor, semi-trailer, bus, trailer, or truck with a rated capacity in excess of one and one-half tons, according to the manufacturer's classification, upon any street or alley within any non-residential area of the city for a period longer than four hours. B. A person commits an offense if he stops, parks or stands a vehicle with a rated capacity over one and one-half tons according to the manufacturer's classification on the following streets: Canyon Drive, in its entirety. Northwestern Drive, in its entirety. Analysis: At the request of the Coppell Police Department, this ordinance would prohibit the parking of vehicles over one and one-half tons on Canyon Drive and Northwestern Drive. An increasing number of vehicles, especially semi-trailers are using Canyon Drive and Northwestern Drive for overnight 48 2 parking. This ordinance will improve visibility and safety along these streets by preserving the right- of-way for moving vehicles. Legal Review: The ordinance has been reviewed by the City Attorney. Fiscal Impact: The signs will be installed by the Traffic Division, as budgeted under Traffic Control. Recommendation: The Public Works Department recommends approval of this ordinance. 49 Proposed No ParkingCanyon Drive and Northwestern DriveCity of CoppellCreated in CIVIL3D1 INCH = 1 MILE0S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2022.dwg\CANYON NORTHWESTERN NO PKGCreated on: 31 March 2022 by Scott Latta1/31/2 1 50 1 INCH = FT.0300300150Proposed No ParkingCanyon DriveCity of CoppellCreated in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2022.dwg\CANYON DR NO PKGCreated on: 31 March 2022 by Scott Latta2/3CANYON DRIVEAREA OF PROPOSEDNO PARKING, STANDINGOR STOPPING51 1 INCH = FT.0300300150Proposed No ParkingNorthwestern DriveCity of CoppellCreated in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2022.dwg\NORTHWESTERN DR NO PKGCreated on: 31 March 2022 by Scott Latta3/3NORTHWES TERN DRAREA OF PROPOSEDNO PARKING, STANDINGOR STOPPINGNORTHWES TERN DR 52 TM 119416 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 8 ‘TRAFFIC REGULATIONS’, ARTICLE 8-3 “PARKING”, SECTION 8-3-6 ‘TRUCK PARKING (EXCESS OF ONE AND ONE-HALF TONS), SUBSECTION B OF THE CODE OF ORDINANCES TO ADD A NO TRUCK PARKING ZONE ON NORTHLAKE DRIVE FOR ITS ENTIRETY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 8 “Traffic Regulations”, Article 8-3 “Parking”, Section 8-3-6, “Truck parking (excess of one and one-half tons)”, Subsection B of the Code of Ordinances be, and the same is hereby, amended to add a no truck parking zone on Canyon Drive for its entirety, and Northwestern Drive for its entirety, to read as follows: “CHAPTER 8 – TRAFFIC REGULATIONS . . . . . ARTICLE 8-3. – PARKING Sec. 8-3-1. . . . . . . . . . . Sec. 8-3-6 Truck parking (excess of one and one-half tons). A. . . . . B. A person commits an offense if he stops, parks or stands a vehicle with a rated capacity over one and one-half tons according to the manufacturer's classification on the following streets: 53 2 TM 119416 Bethel Road – North Side From its point of intersection with Coppell Road eastward to its point of intersection with Mitchell Street Burns Road In its entirety Canyon Drive In its entirety Hammonds Road In its entirety Northlake Drive In its entirety Northpoint Drive From its point of intersection with Sandy Lake Road south and westward to its point of intersection with Royal Lane” Northwestern Drive In its entirety SECTION 2. The traffic engineer shall erect official signs, curb markings, or street markings giving notice that parking, stopping or standing of vehicles is prohibited at the locations designated herein. SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. 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. 54 3 TM 119416 SECTION 5. 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 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. 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 ___________________, 2020. APPROVED: KAREN SELBO HUNT, MAYOR ATTEST: ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY 55 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6198 File ID: Type: Status: 2022-6198 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 03/28/2022File Created: Final Action: Panel Replacement ProjectFile Name: Title: Consider award of a bid and approval to enter into a contract with Advance Contracting Group; for the Falcon Lane, Mockingbird Lane, Dividend Drive Panel Replacement Project TAX 2021A; in the amount of $1,457,364.00; as budgeted in the ¼ cent Sales Tax Fund; and authorizing the City Manager to sign all necessary documents. Notes: Sponsors: Enactment Date: Panel Replacement Design Memo.pdf, Exhibit.pdf, Bid Tab for Panel Replacement Tax 2021A.pdf, Agreement for Panel Replacement Tax 2021A.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 2022-6198 Title Consider award of a bid and approval to enter into a contract with Advance Contracting Group; for the Falcon Lane, Mockingbird Lane, Dividend Drive Panel Replacement Project TAX 2021A; in the amount of $1,457,364.00; as budgeted in the ¼ cent Sales Tax Fund; and authorizing the City Manager to sign all necessary documents. Summary Fiscal Impact: The fiscal impact of this Agenda item is $1,457,364.00, as budgeted in ¼-cent IMF. Staff Recommendation: Page 1City of Coppell, Texas Printed on 4/8/2022 56 Master Continued (2022-6198) The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 4/8/2022 57 1 MEMORANDUM To: Mayor and City Council From: Jamie Brierton, Capital Programs Administrator Kent Collins, P.E., Director of Public Works Date: April 12, 2022 Reference: Falcon Ln., Mockingbird Ln., Dividend Dr. Panel Replacement Award, TAX 2021 A 2040: Pillar 0: Sustainable City Government Goal 3: Well-maintained City Infrastructure General Information: · Falcon Lane was originally constructed in the mid-1980’s · Mockingbird Lane was originally constructed in the early 1980’s, a portion of the street was reconstructed in 2014 (Blue Jay Lane to Oriole Lane). · Dividend Drive was constructed in the early 2000’s · Engineering design for this panel replacement project was performed in-house by city staff. · The city’s projected project cost was $1,800,000.00 · Reconstruction scope includes full depth concrete paving panel replacement. · Advance Contracting Group submitted the lowest bid price of $1,457,364.00 · Construction is anticipated to begin in Summer of 2022 with an estimated completion time of 4 months (120 calendar days). Introduction: This agenda item is being presented for approval to enter into a contract with Advance Contracting Group in the amount of $1,457,364.00 for the Falcon Ln., Mockingbird Ln., Dividend Dr. Panel Replacement Project TAX 2021A, as budgeted in ¼-cent IMF. Analysis: In order to provide excellent and well-maintained city infrastructure, the citizens of Coppell authorized the use of ¼-cent sales tax revenue to be allocated for the maintenance and reconstruction of streets and alleyways. Through an analysis of street pavement condition within the City of Coppell, Falcon Lane, Mockingbird Lane and Dividend Drive were identified as in need of significant panel replacement. Concrete panels along Falcon Lane and Mockingbird Lane are deteriorating rapidly due to advanced age, while panels along Dividend Drive are deteriorating due to a combination of age and heavy truck traffic. The deterioration along Dividend can be addressed through panel replacement 58 and does not require full reconstruction at this time. These deteriorations include potholes, cracked panels and drainage issues. The construction project is budgeted for the 2021-2022 fiscal year. On March 3, 2022, the city received and opened five sealed bids ranging from a low of $1,457,364.00 to a high of $1,820,317.45 for this project. The city used the “A+B” bidding method, where the number of days bid (A) were weighted and used in the evaluation of bids along with the bid price (B). Number of days bid for the project ranged from 120 days to 150 days. Advance Contracting Group submitted a bid with the most aggressive combination of dollar amount bid ($1,457,364.00) and the time bid (120 days). This bid is the most advantageous bid for the city. Advance Contracting Group has relevant experience on other municipal projects, including multiple neighborhood alley replacement projects with the city. Their previous work history indicates they can complete the project within the budget and the time allowed. This contract includes panel replacement on portions of Falcon Lane, Mockingbird Lane, and Dividend Drive. This work will include full-depth replacement of the damaged concrete panels. To facilitate this work, the contractor will be responsible for traffic control and coordination in the work zone. The schedule is designed to allow work on Falcon during the summer months when school is not in session. Upon approval of this contract, city staff will coordinate with residents, businesses, and the school to inform them of the project and start date. The contractor and city staff will be in communication with the affected residents on a regular basis to ensure minimal disruption of their daily activities. To further reduce the impact to our residents there is a penalty of $750.00 per calendar day for each day beyond 120 days that it takes to complete the work. Additionally, an incentive for early completion at the rate of $750.00 per calendar day, with a maximum of $45,000.00 (60 days) is available to the contractor. Legal Review: The City’s standard construction contract has been reviewed by legal periodically, with changes made as requested. Fiscal Impact: The fiscal impact of this Agenda item is $1,457,364.00, as budgeted in ¼-cent IMF. Recommendation: The Public Works Department recommends approval of this item. 59 Mockingbird Lane, Falcon Lane and Dividend DriveReconstruction,1/4 Cent SalesTax Fund, FY 2021ACreated in CIVIL3D1 INCH = 1 MILE0S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2022.dwg\TAX 2021ACreated on: 23 March 2022 by Scott Latta1/31/2 1 60 1 INCH = FT.0400400200Mockingbird and Falcon LaneReconstruction,1/4 Cent SalesTax Fund, FY 2021ACreated in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2022.dwg\TAX 2021ACreated on: 23 March 2022 by Scott LattaAREA OF PROPOSEDSTREET REPLACEMENT2/3MOCKINGBIRD LANE FALCON LANE 61 1 INCH = FT.0400400200Dividend DriveReconstruction,1/4 Cent SalesTax Fund, FY 2021ACreated in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2022.dwg\TAX 2021ACreated on: 23 March 2022 by Scott LattaAREA OF PROPOSEDSTREET REPLACEMENT3/3DIVIDEND DRIVE62 Dividend Dr, Mockingbird Ln, and Falcon Ln. Panel Repair Project 2021 A CITY OF COPPELL, TEXAS 1 2 3 4 5 PROJECT NO. TAX2021 A ITEM No. ITEM DESCRIPTION BID QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT I-1 MOBILIZATION 1 LS $20,000.00 $20,000.00 $70,000.99 $70,000.99 $30,000.00 $30,000.00 $45,000.00 $45,000.00 $65,000.00 $65,000.00 I-2 PROJECT SIGNS 3 EA $2,000.00 $6,000.00 $500.00 $1,500.00 $500.00 $1,500.00 $600.00 $1,800.00 $1,250.00 $3,750.00 I-3 TRAFFIC CONTROL PLAN 1 LS $20,000.00 $20,000.00 $21,000.00 $21,000.00 $30,000.00 $30,000.00 $15,000.00 $15,000.00 $25,000.00 $25,000.00 I-4 EROSION CONTROL SWPPP 1 LS $5,000.00 $5,000.00 $3,000.00 $3,000.00 $6,200.00 $6,200.00 $8,000.00 $8,000.00 $5,000.00 $5,000.00 I-5 PROJECT COMMUNICATION 1 LS $3,000.00 $3,000.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00 $1,000.00 $1,000.00 $2,500.00 $2,500.00 I-6 SAWCUT, REMOVE & DISPOSE EXISTING CONCRETE (ALL THICKNESS)10222 SY $12.00 $122,664.00 $16.00 $163,552.00 $19.00 $194,218.00 $16.00 $163,552.00 $21.00 $214,662.00 I-7 8" REINFORCED PAVING 4841 SY $85.00 $411,485.00 $77.00 $372,757.00 $70.00 $338,870.00 $85.00 $411,485.00 $98.55 $477,080.55 I-8 10" REINFORCED PAVING 4971 SY $89.00 $442,419.00 $94.00 $467,274.00 $80.00 $397,680.00 $105.00 $521,955.00 $120.55 $599,254.05 I-9 4" REINFORCED CONCRETE SIDEWALK 84 SY $77.00 $6,468.00 $115.00 $9,660.00 $74.00 $6,216.00 $65.00 $5,460.00 $58.55 $4,918.20 I-10 6" REINFORCED CONCRETE DRIVEWAY APPROACH 16 SY $86.00 $1,376.00 $180.00 $2,880.00 $75.00 $1,200.00 $70.00 $1,120.00 $78.55 $1,256.80 I-11 8" REINFORCED CONCRETE DRIVEWAY APPROACH 217 SY $89.00 $19,313.00 $110.00 $23,870.00 $80.00 $17,360.00 $85.00 $18,445.00 $98.55 $21,385.35 I-12 8" REINFORCED COLORED STAMPED CONCRETE ROAD HUMP 92 SY $90.00 $8,280.00 $185.00 $17,020.00 $210.00 $19,320.00 $250.00 $23,000.00 $275.00 $25,300.00 I-13 SUBGRADE PREPARATION 10706 SY $15.00 $160,590.00 $1.50 $16,059.00 $3.00 $32,118.00 $7.00 $74,942.00 $10.00 $107,060.00 I-14 UNCLASSIFIED EXCAVATION 2836 CY $30.00 $85,080.00 $32.00 $90,752.00 $21.00 $59,556.00 $38.00 $107,768.00 $30.00 $85,080.00 I-15 FLEXBASE (UNIT RATE)2507 TON $27.00 $67,689.00 $40.00 $100,280.00 $80.00 $200,560.00 $30.00 $75,210.00 $31.50 $78,970.50 I-16 ADJUST EXISTING MANHOLE TO GRADE 2 EA $700.00 $1,400.00 $1,000.00 $2,000.00 $250.00 $500.00 $500.00 $1,000.00 $1,000.00 $2,000.00 I-17 ADJUST EXISTING VALVE BOX TO GRADE 1 EA $600.00 $600.00 $600.00 $600.00 $220.00 $220.00 $300.00 $300.00 $500.00 $500.00 I-18 RESTORE DISTURBED AREAS 1 LS $7,000.00 $7,000.00 $16,000.00 $16,000.00 $40,000.00 $40,000.00 $10,000.00 $10,000.00 $30,000.00 $30,000.00 I-19 RESTORE EXISITNG IRRIGATION 1 LS $10,000.00 $10,000.00 $16,000.00 $16,000.00 $21,000.00 $21,000.00 $5,000.00 $5,000.00 $15,000.00 $15,000.00 I-20 CONSTRUCT TxDOT TYPE 2 PEDESTRIAN RAMP 3 EA $3,000.00 $9,000.00 $2,000.00 $6,000.00 $1,800.00 $5,400.00 $2,500.00 $7,500.00 $2,200.00 $6,600.00 X-1 PROJECT ALLOWANCE FOR PAVING IMPROVEMENTS 1 LS $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 SUBTOTAL AMOUNT BID (A)$1,457,364.00 $1,460,204.99 $1,456,918.00 $1,547,537.00 $1,820,317.45 SUBTOTAL AMOUNT BID (B)120 $90,000.00 120 $90,000.00 150 $112,500.00 150 $112,500.00 150 $112,500.00 TOTAL AMOUNT BID (A + B)$1,547,364.00 $1,550,204.99 $1,569,418.00 $1,660,037.00 $1,932,817.45 Advance Contracting Group DDM Construction XIT Paving Camcrete Contracing Inc. HQS Construction, LLC 63 Bid #Q-0322-02 Panel Pavement Replacement Page 1 of 1 CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019 TRANSMITTAL OF ADDENDUM 1 INSTRUCTIONS: 1. ACKNOWLEDGE RECEIPT OF ADDENDUM IN PROPOSAL, ON OUTER ENVELOPE OF BID. I acknowledge the receipt of Addendum No. 1 City of Coppell PROJECT NAME: Panel Pavement Replacement February 14, 2022 CHARLES ELLIS PROCUREMENT SERVICES DEPARTMENT (972) 304-3643 64 1-2 Bidding Documents TABLE OF CONTENTS Section 1 - Bidding Documents Page # Notice to Bidders 1-4 Instructions to Bidders 1-5 Bid Form/Proposal/Bid Schedule 1-17 Bid Affidavit 1-24 Prevailing Wage Rates 1-26 Conflict of Interest 1-31 Section 2 - Contract Documents Standard Form of Agreement (Contract) 2-2 Certificate of Insurance 2-8 Instructions for Bonds 2-9 Performance Bond 2-10 Payment Bond 2-12 Maintenance Bond 2-14 For this project, the Standard Specifications for Public Works Construction – North Central Texas Council of Governments Fourth Edition, the City of Coppell Standard Construction Details (Ord.#2006-1129), and Appendix ‘C’ Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord.#94-643) shall govern all work to be done, together with any additional Supplementary Conditions, Specific Project Requirements, General Notes, Description of Pay Items and/or Technical Specifications included herein. Section 3 - City of Coppell's Supplementary Conditions 3-1 To the NCTCOG General Provisions Section 4 - Specific Project Requirements 4-1 Section 5 - Description of Pay Items 5-1 Section 6 - Technical Specifications 6-1 Project Sign Wayfinding Sign Details 65 1-3 Bidding Documents SECTION 1 BIDDING DOCUMENTS 66 1-4 Bidding Documents NOTICE TO BIDDERS The City of Coppell is accepting bids for the Dividend Drive, Mockingbird Lane, & Falcon Lane Pavement Repair Project Tax 2021 A. The work shall consist of the removal and replacement of 4,971 square yards of 10” reinforced concrete street pavement, 5,473 square yards of 8” compacted flex base subgrade, 4,841 square yards of 8” reinforced concrete street pavement, 5,232 square yards of 6” compacted flex base subgrade, 217 square yards of 8” reinforced concrete driveway, 16 square yards of 6” reinforced concrete driveway, 2 stamped colored concrete road humps, 84 square yards of 4” concrete sidewalk, 3 Barrier Free Ramps, and adjustment of miscellaneous valves, manholes, and other appurtenant structures. This project includes restoration of sod, landscaping, irrigation, signs, and any other items disturbed during the project. This project will consist of Falcon Ln. to be started and completed in the summer when school is out. Digital copies of all bidding documents can be downloaded at www.BidSync.com. To ensure proper notification of addendums, Bidders shall ensure they are registered plan holder on the plan holder’s list. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for the construction of Dividend Drive, Mockingbird Lane, & Falcon Lane Pavement Repair Project Tax 2021 A will be received in the Purchasing Office at the City of Coppell Town Center, 255 Parkway Boulevard, until 2:00 PM, Thursday, March 3, 2022, and then publicly opened and read aloud remotely via a Zoom meeting. Each Bidder shall submit two original identical copies and one digital copy on USB drive of this bid with the City of Coppell Bid No. Q-0322-02 designated clearly on the exterior of the bid envelope. A Non-Mandatory Pre-Bid Conference has been scheduled for this project at the Coppell City Hall (255 Parkway Boulevard) at 2:00 PM on Thursday, February 24, 2022. The conference is not mandatory; however, all interested bidders are strongly encouraged to attend. The city is following social distancing protocols, and face masks are required to be worn in the building. The Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or unbalanced unit prices will be considered sufficient cause for rejection of any bid or bids. NO BID TRANSMITTED BY FAX WILL BE ACCEPTED. Bidders are expected to inspect the site of the work and to inform themselves regarding local conditions and conditions under which the work is to be done. Complete sets of bidding documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 67 1-5 Bidding Documents NO SALES TAX ON TANGIBLE PERSONAL PROPERTY INCORPORATED INTO OR MADE A PART OF THE PROJECT. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. (Note: This procedure may not be used, however, for materials which do not become a part of the finished product, such as, equipment rental or purchase, form materials, etc.). In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials (tangible personal property) in the space provided on the bid form. The successful bidder's bid form will be used to develop a separated contract and determine the extent of the tax exemption. 68 BID #Q-0322-02 Panel Pavement Repair CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 2 INVITATION TO BID Return Bid To: City of Coppell Procurement Services Department 255 Parkway Blvd. Coppell, Texas 75019 The enclosed Invitation to Bid and accompanying Specifications with Bid Sheets are for your convenience in bidding the enclosed referenced products and/or services for the City of Coppell. Sealed bids shall be received no later than: 2:00 p.m., Tuesday, March 3, 2022, CST at: 255 Parkway Blvd, Coppell, TX 75019. PRE-BID MEETING A Pre-Bid meeting, which includes a virtual environment, will be held at 2:00 p.m., CST, Thursday, February 24, 2022, at the City of Coppell, 255 Parkway Blvd, Coppell, TX 75019. Pre-Bid meeting – February 24, 2022, 2:00 p.m. Join Zoom https://us02web.zoom.us/webinar/register/WN_kYO_u60tTpirVkb72aecSQ Bid Open – March 3, 2022, 2:00 p.m. Join Zoom https://us02web.zoom.us/webinar/register/WN_0Ed9MjafR0-TSiafKjq1Pw Please reference Bid No. Q-0322-01 Panel Pavement Repair, in all correspondence pertaining to this bid and affix this number to outside front of bid envelope for identification. All bids shall be to the attention of the Procurement Services Department. The City of Coppell appreciates your time and effort in preparing a bid. Please note that all bids must be received at the designated location by the deadline shown. Bids received after the deadline will be returned unopened and shall be considered void and unacceptable. Bid opening is scheduled to be held at 255 Parkway Boulevard, Coppell, Texas. You are invited to attend. 69 1-6 Bidding Documents BIDDING AND CONTRACT DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard Specifications for Public Works Construction - North Central Texas Council of Governments Fourth Edition and the Supplementary Conditions of Agreement have the meanings assigned to them in these General Conditions. The term "Bidder" means one that submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible Bidder, as determined after review of calendar days, overall price, and qualifications, to whom the Owner (on the basis of the Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Notice to Bidders, Instructions to Bidders, the Bid Form, the Construction Plans and Specifications, and the proposed Contract Documents (including all Addenda issued prior to receipt of bids). Specific defined terms are: Owner: Wherever the word "OWNER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of Coppell, Texas. Engineer: Wherever the word "Engineer" is used in the Specifications and Contract Documents, it shall be understood as referring to the City Engineer or his authorized representative, City of Coppell, P.O. Box 9478, Coppell, Texas 75019. Inspector: The authorized representative of the City of Coppell assigned to observe and inspect any or all parts of the work and the materials to be used therein. 2. Scope of Work. The work shall consist of the removal and replacement of 4,971 square yards of 10” reinforced concrete street pavement, 5,473 square yards of 8” compacted flex base subgrade, 4,841 square yards of 8” reinforced concrete street pavement, 5,232 square yards of 6” compacted flex base subgrade, 217 square yards of 8” reinforced concrete driveway, 16 square yards of 6” reinforced concrete driveway, 2 stamped colored concrete road humps, 84 square yards of 4” concrete sidewalk, 3 Barrier Free Ramps, and adjustment of miscellaneous valves, manholes, and other appurtenant structures. This project includes restoration of sod, landscaping, irrigation, signs, and any other items disturbed during the project. This project will consist of Falcon Ln. to be started and completed in the summer when school is out. Work shall include all components necessary for the “turn key” construction of the project as shown in the plans for the Dividend Drive, Mockingbird Lane, & Falcon Lane Pavement Repair Project Tax 2021 A. 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. 70 1-7 Bidding Documents 3. Copies of Bidding Documents. 3.1 Digital copies of all bidding documents can be downloaded at www.BidSync.com. To ensure proper notification of Addendums, Bidders shall ensure they are a registered plan holder on the plan holder’s list. The following general requirements pertain to the Bidding Documents: A) No bidding documents will be issued later than two (2) days prior to the bid opening date. B) After award of the Contract, the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be furnished for $50.00 per set. 3.2 Complete sets of Bidding Documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. No partial sets of plans, specifications or proposal forms will be issued. 3.3 The Owner, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. 4. Qualifications of Bidders. The Bidder shall submit within five (5) days of the Owner's request such evidence as the Owner may require to establish his financial responsibility, experience and possession of such equipment as may be needed to prosecute the work in an expeditious, safe and satisfactory manner. Submissions will be made to City Engineer, City of Coppell, 265 Parkway Boulevard, Coppell, Texas. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A. Current Project Experience (within five [5] days if requested). A list of all projects presently under construction by the bidder including approximate cost and completion date shall be submitted upon request. B. Past Project Experience (required to be submitted within five [5] days if requested). The Bidder shall submit a list of comparable projects completed within the previous five years including approximate cost(s), quantities, and completion date(s). C. Equipment (within five [5] days if requested). The Bidder shall provide a list of equipment, which will be used on this project. 71 1-8 Bidding Documents The Bidder shall demonstrate that he has adequate equipment to complete this project, properly and expeditiously and shall state what additional equipment, if any, that he must rent/lease as may be required to complete this project. D. Financial (within five [5] days if requested). Each Bidder shall be prepared to submit upon request of the Owner a balanced financial statement with no evidence of threatening losses as evidenced by an audited certified financial statement (current within the last six (6) months of bid date). This information will be used to confirm that the Bidder has suitable financial status to meet obligations incidental to performing the work. E. Technical Experience. The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. F. Proof that the bidder maintains a permanent place of business. 5. Conflict of Interest. City Charter states that no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. By submitting a bid, the Contractor represents that no employee or officer of the City has an interest in the Contractor. 6. Examination of Contract Documents and Site. 6.1 Access to the site shall be from Dividend Drive, Mockingbird Lane, and Falcon Lane. It shall be the Contractor’s responsibility before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. Failure to make these examinations shall in no way relieve any Bidder from the responsibility of fulfilling all the terms of the contract, without additional cost to the OWNER. 6.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the 72 1-9 Bidding Documents Owner by Owners of such underground Facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. All existing structures, improvements, and utilities shall be adequately protected, at the expense of the Contractor, from damage that might otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipelines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation of proposed improvements as indicated in the plans. The Contractor shall be liable for damage to any utilities resulting from the construction of this project. 6.3 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 6.4 On request in advance, the Owner will provide each Bidder access to the site to conduct explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former conditions, according to the City standards, upon completion of such explorations. 6.5 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work, are identified in the Contract documents. 6.6 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 6, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7. Interpretations and addenda. 7.1 All questions about the meaning or intent of the Contract Documents are to be directed to the Purchasing Agent. Interpretations or clarifications considered necessary by the Purchasing Agent in response to such questions will be issued by Addenda mailed or delivered to all bidders recorded as having received the Bidding Documents. Questions received less than two days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications 73 1-10 Bidding Documents will be without legal effect. Each Bidder shall acknowledge on the bid proposal that all Addenda issued have been received. 7.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner. 8. Contract Time. 8.1 The time of completion of the project will be set through the bidding technique used in the Proposal Form. All work shall be complete within the calendar day count required by the Contractor’s Proposal. The calendar day count shall commence ten (10) calendar days after the date of the Notice to Proceed or when the contractor begins work, whichever comes first. A more detailed explanation of the bidding technique and completion time is given in Item 1.6 of the Specific Project Requirements. 8.2 Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall submit a detailed Progress and Schedule chart to the Owner for approval. 8.3 Extension of the contract time shall be based on a Change Order or written amendment as specified in Item 1.36 of the General Provisions. 9. Liquidated Damages. Provisions for liquidated damages are set forth in the Contract and Item 1.6 of the S pecific Project Requirements. 10. Substitute or "Or-Equal" Items. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or- equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. No substitutions should be considered during the bidding process. 11. Subcontractors, Suppliers, and Others. 11.1 If the Owner requests the identity of any Subcontractors, Suppliers, or other persons or organizations to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the request submit to the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, supplier, person or organization if requested by the Owner. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, Owner may, before the Notice of 74 1-11 Bidding Documents Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such substitution, and the Owner may consider such price adjustment in evaluating Bids and making the contract award. If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons, and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. 11.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person, or organization against whom Contractor has reasonable objection. 12. Bid Proposal. 12.1 Two (2) completed Bid Proposals must be submitted in a sealed envelope as described in Item 15. The blank spaces in the Bid Form shall be filled in for each item for which a quantity is given and the Bidder shall state the price for which he proposes to do each item of work. All blanks on the bid form must be completed in ink or typed. No substitutions, revisions, or omissions from the plans and/or specifications will be accepted unless authorized in writing by the Owner. 12.2 The legal status of the Bidder, that is, as a corporation, partnership, or individual, must be stated on the Bid Form. A corporation Bidder must name the state in which the organization is chartered. Bids which are signed for a corporation shall have the correct corporate name thereof, its post office address, and the signature of the president or other authorized officer of the corporation, manually written below the corporate name in the following manner: "By ." If the bid is made by an individual, his post office address shall be given. Bids which are not signed by the individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. If the bid is made by a firm or partnership, the name and post office address of the managing member of the firm or partnership shall be given, or the bid may be signed by an attorney-in- fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid, executed by the members of the firm or partners. 13. Provision Concerning Escalator Clauses. Bids containing any condition which provides for changes in the stated bid prices due to increase or decrease in the costs of materials, labor, or other items required for this project, may be rejected and returned to the Bidder without being considered. 14. Estimates of Quantities. 75 1-12 Bidding Documents The quantities listed in the Bid Form will be considered as approximate and will be used for the comparison of bids, unless stated otherwise in the description of pay items. Payments will be made to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the contract. The quantity of work to be done and the materials may be increased or decreased as provided for in the Contract Documents. If an item is noted as a “Plans Quantity” then only the quantity shown in the unit bid price schedule will be paid. 15. Submission of Bids. Bids will be received by the Purchasing Agent, and shall be submitted to the Purchasing Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019 until, 2:00 PM, Thursday, March 3, 2022, and then publicly opened and read aloud remotely via a Zoom meeting. Two original identical copies and one digital copy on USB drive of the bid enclosed in an opaque sealed envelope and marked with the Project title, City of Coppell Bid No. Q-0322-02 and the name and address of the Bidder shall be submitted. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED Construction of: Dividend Drive, Mockingbird Lane, & Falcon Lane Pavement Repair Project Tax 2021 A on the face of it and addressed to the Purchasing Agent, City of Coppell, Texas. Bid submission shall include Bid Form, Bid Affidavit, Bid Bond and Conflict of Interest Form. 16. Modification and Withdrawal of Bids. 16.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 16.2 If, within twenty-four hours after the Bids are opened, any Bidder files a duly signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw his bid. Thereafter, that Bidder will be disqualified from further bidding on the work. 17. Rejection of Bids. Bids may be rejected if they show alterations of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all bids without qualification(s). More than one bid from an individual, firm or partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one such bid may cause the rejection of all bids in which said Bidder is interested. Bids in which prices are obviously unbalanced may be rejected. Bids submitted without a Proposal Guaranty, per NCTCOG’s Item 102.5 of the Standard Specifications for Public works will be rejected. 18. Bids to Remain Subject to Acceptance. 76 1-13 Bidding Documents All Bids will remain subject to acceptance for ninety (90) calendar days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid prior to that date. 19. Award of Contract. 19.1 For the purpose of award, each bid submitted shall consist of two parts whereby: Base Bid = Bid Proposal = The correct summation of the products of the estimated quantities shown in the proposal, multiplied by their bid unit prices. Time Bid = Calendar Days = The time for completion in calendar days written on the Bid Form in the space provided. The City will make an award based on what is most advantageous to the city. 19.2 The Owner reserves the right to reject any and all Bids, to waive any and all informalities except for the time of submission of the Bid and to negotiate contract terms with the Successful Bidder. The Owner also reserves the right to reject all nonconforming, non- responsive, unbalanced or conditional Bids. Also, the Owner reserves the right to reject the Bid of any Bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or has doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 19.3 In evaluating Bids, the Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid form or prior to the Notice of Award. Time of completion will be a consideration in the award of the bid. 19.4 The Owner may consider the qualifications and experience of any Subcontractors, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as requested by the Owner. The Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 19.5 The Owner may conduct such investigations as the Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. 77 1-14 Bidding Documents 19.6 If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder whose evaluation by the Owner indicates to the Owner that the award will be in the best interests of the Project. 19.7 If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of Award within ninety (90) calendar days after the date of the Bid opening. 20. Incentives / Disincentives. The owner desires to expedite construction on this contract to minimize the inconvenience to the traveling public and to reduce the time of construction. In order to achieve this, an incentive/disincentive provision is established for this contract. Total Contract Time: For the Purposes of this contract the Daily Value is $750.00. In the event the Contractor takes less than the total calendar days bid to construct the project, there will be incentives assessed of $750.00 per day to a maximum of $45,000.00. A disincentive in the form of liquidated damages of $750.00 per calendar day shall apply to the project, for any work that exceeds the total calendar day count as established herein. There shall be no maximum disincentive/liquidated damages. 21. Execution of Agreement. Within fifteen (15) days after written notification of award of the contract, the Successful Bidder shall execute and furnish to the Owner three (3) original signed contracts and a Certificate of Insurance. 22. Affidavit of Bills Paid. Prior to final acceptance of this project by the Owner, the Contractor shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the project construction have been paid in full, and that there are no claim spending. 23. Bid Compliance. Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien. 24. Notice to Proceed. Upon execution of the Contract, the Owner will issue a written Notice to Proceed to the Contractor requesting that he proceed with the construction. The Calendar day count on the project shall commence within ten (10) calendar days after the date of the Notice to Proceed or when the contractor begins work, whichever occurs first. 78 1-15 Bidding Documents 25. Sales Tax. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials to be incorporated into the contract (tangible personal property) in the space provided on the bid form. The successful bidders bid form will be used to develop a separated contract and will determine the extent of the tax exemption. Upon execution of the construction contract, the successful bidder shall provide a per item breakdown of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. 26. Silence of Specification. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. 27. Change Orders. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting Contract. All change orders to the Contract will be made in writing by the Owner. 28. Assignment. The Successful Bidder shall not sell, assign, transfer or convey this Contract, in whole or in part, without the prior written consent of Owner. 29. Venue. This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Dallas County, Texas. 30. Maintenance Bond. The Contractor shall provide a two-year Maintenance Bond in the amount of 50% of the value of the work at the completion of the project. The bond must be provided prior to final payment by the City. 31. Testing Requirements. 79 1-16 Bidding Documents The Owner shall make arrangements with an independent laboratory acceptable for testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of retests or reinspection’s. The Contractor shall notify the ENGINEER in a timely manner of when and where tests or inspections are to be made so that they may be present. One copy shall be provided to the Contractor of all reports and laboratory test results. Testing by the City does not alleviate the contractor’s responsibility for his own quality assurance/quality control testing. Contractor shall replace any deficient construction items at his own expense. 32. Overtime. “Hours worked before 8:00 a.m. or after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request or scheduled testing must be made in writing and approved by the City of Coppell. Seventy-two hours’ notice required. All overtime incurred by the City for inspection services shall be paid by the Contractor at a rate of $54 per hour. If not paid, such cost may be deducted from partial payments.” 33. Payment. CONTRACTOR shall submit Applications for Payment in accordance with Item 1.51 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 34. Documentation of existing conditions. Contractor must video and provide copy to City of existing conditions within entire work area prior to the start of construction. This is subsidiary to the Mobilization Pay Item. 35. Bid Security. Contractor must submit a bid security in the amount of five (5%) percent of the amount of the maximum total bid as a guarantee that the Bidder will promptly enter into a Contract and execute a Performance, Payment and Maintenance Bonds on the forms included in the Contract Documents if awarded the contract. Acceptable Bid Security are: Certified or cashier’s check made payable to the Owner. An approved Bidder’s Bond underwritten by a surety named in the current list of “Surety Companies Acceptable on Federal Bonds” as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department. 36. Bonds Performance, Payment and Maintenance Bonds are required for this project and shall be provided in accordance with the General Conditions. 37. Bid Notification City of Coppell utilizes the following procedures for notification of bid opportunities: www.bidsync.com and the Coppell Citizens Advocate. These are the only forms of notification authorized by the city. Coppell shall not be responsible for receipt of notification and information 80 1-17 Bidding Documents from any source other than those listed. It shall be the vendor’s responsibility to verify the validity of all bid information received by sources other than those listed. 38. Employment Eligibility Verification The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for employers to knowingly hire or recruit immigrants who do not possess lawful work authorization and requires employers to verify their employees' work eligibility on a U.S. Department of Justice form I-9. The contractor/vendor warrants that contractor/vendor is in compliance with IRCA and will maintain compliance with IRCA during the term of the contract with the city. Contractor/vendor warrants that contractor/vendor has included or will include a similar provision in all written agreements with any subcontractors engaged to perform services under this contract. 39. Bid Summary Sheet Bid summary results will be made available forty-eight (48) hours after bid opening. Bidders desiring a copy of the bid summary sheet may view the results online forty-eight hours (48) hours after the bid opening at: http://coppelltx.gov/departments/departments-n-z/purchasing/current-and- past-bids [purchasing website]. A bidder may also request a copy via email at purchase@coppelltx.gov . No results will be given over the telephone. 40. Environmentally Preferable Products and Services Bidders are encouraged to offer Energy Star, GreenSeal, EcoLogo and/or EPEAT certified products. The city also encourages bidders to offer products and services that are produced or delivered with minimal use of virgin materials and maximum use of recycled materials and reduce waste, energy usage, water utilization and toxicity in the manufacture and use of products. 41. Electronic Bids The City of Coppell uses Bidsync to distribute bids and proposals, however all bids shall be submitted in accordance with the “Notice to Bidders.” 42. Questions Any Questions concerning this Invitation To Bid and Specifications should be directed to the Purchasing Department at 972-304-3643. 81 1-18 Bidding Documents BID FORM PROJECT IDENTIFICATION: Dividend Drive, Mockingbird Lane, & Falcon Lane Pavement Repair Project Tax 2021 A The City of Coppell, Texas BID OF DATE (NAME OF FIRM) THIS BID IS SUBMITTED TO: City of Coppell (hereinafter called OWNER) c/o Purchasing Agent 255 Parkway Boulevard P.O. 9478 Coppell, Texas 75019 CITY OF COPPELL BID NO: Q-0322-02 1. 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 the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and Instructions 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. 3. In 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 following Addenda (receipt of all which is hereby acknowledged): No: Date: Rec'd: Advance Contracting Group 2/28/2022 One (1)2/14/2022 2/14/2022 82 1-19 Bidding Documents (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 furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings 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 of the 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. (d) BIDDER has studied carefully 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. (e) 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 furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract 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 such purposes. (f) 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 Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (g) 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. 83 1-20 Bidding Documents (h) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (i) 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 submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (j) It is understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. (k) 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 in the Contract Documents. 4. Bidder understands that the work for this project will be completed in one phase. Additional phasing or move-ins by utility and paving contractors will require approval by the Engineer. 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 of the bid. 5. 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. 6. It is strongly recommended that each bidder visit the site prior to submitting a bid. Construction constraints exist, including traffic that could affect productivity. 7. BIDDER will complete the Work for the following price(s): 84 85 86 87 88 89 1-26 Bidding Documents If BIDDER IS: An Individual By (Individual's Name) (Seal) doing business as Business address Phone No. A Partnership By (Firm Name) (Seal) (General Partner) Business address Phone No. A Corporation By (Corporation Name) (State of Incorporation) By (Name of person authorized to sign) (Title) (Corporate Seal) Attest (Secretary) Business address Phone No. A Joint Venture By (Name) (Address) By (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.) Advance Contracting Group Texas Joe Tabaee President 90 1-27 Bidding Documents PREVAILING WAGE RATES "General Decision Number: TX20220025 01/07/2022 Superseded General Decision Number: TX20210025 State: Texas Construction Type: Highway Counties: Archer, Callahan, Clay, Collin, Dallas, Delta, Denton, Ellis, Grayson, Hunt, Johnson, Jones, Kaufman, Parker, Rockwall, Tarrant and Wise Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised) on or after January 30, 2022, Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $15.00 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2022. If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022, Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least $11.25 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2022. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. 91 1-28 Bidding Documents Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/07/2022 * SUTX2011-007 08/03/2011 Rates Fringes CONCRETE FINISHER (Paving and Structures)......................$ 14.12 ELECTRICIAN......................$ 19.80 FORM BUILDER/FORM SETTER Paving & Curb...............$ 13.16 Structures..................$ 13.84 LABORER Asphalt Raker...............$ 12.69 Flagger.....................$ 10.06 Laborer, Common.............$ 10.72 Laborer, Utility............$ 12.32 Pipelayer...................$ 13.24 Work Zone Barricade Servicer....................$ 11.68 POWER EQUIPMENT OPERATOR: Asphalt Distributor.........$ 15.32 Asphalt Paving Machine......$ 13.99 Broom or Sweeper............$ 11.74 Concrete Pavement Finishing Machine...........$ 16.05 Concrete Saw................$ 14.48 Crane Operator, Lattice Boom 80 Tons or Less........$ 17.27 Crane Operator, Lattice Boom over 80 Tons...........$ 20.52 Crane, Hydraulic 80 Tons or Less.....................$ 18.12 Crawler Tractor.............$ 14.07 Excavator, 50,000 pounds or less.....................$ 17.19 Excavator, over 50,000 pounds......................$ 16.99 Foundation Drill , Truck Mounted.....................$ 21.07 Foundation Drill, Crawler Mounted.....................$ 17.99 Front End Loader 3 CY or Less........................$ 13.69 92 1-29 Bidding Documents Front End Loader, over 3 CY.$ 14.72 Loader/Backhoe..............$ 15.18 Mechanic....................$ 17.68 Milling Machine.............$ 14.32 Motor Grader, Fine Grade....$ 17.19 Motor Grader, Rough.........$ 16.02 Pavement Marking Machine....$ 13.63 Reclaimer/Pulverizer........$ 11.01 Roller, Asphalt.............$ 13.08 Roller, Other...............$ 11.51 Scraper.....................$ 12.96 Small Slipform Machine......$ 15.96 Spreader Box................$ 14.73 Servicer.........................$ 14.58 Steel Worker (Reinforcing).......$ 16.18 TRUCK DRIVER Lowboy-Float................$ 16.24 Off Road Hauler.............$ 12.25 Single Axle.................$ 12.31 Single or Tandem Axle Dump Truck.......................$ 12.62 Tandem Axle Tractor with Semi Trailer................$ 12.86 Transit-Mix.................$ 14.14 WELDER...........................$ 14.84 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). 93 1-30 Bidding Documents ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union, which prevailed in the survey for this classification, which in this example would be Plumbers 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those 94 1-31 Bidding Documents classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Division National Office Branch of Wage Surveys. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 95 1-32 Bidding Documents 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION" 96 97 1-34 Bidding Documents CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: *** (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes awarethat: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or anot he 98 SECTION 2 CONTRACT DOCUMENTS 99 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 22_ 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 City of Coppell is accepting bids for the Dividend Drive, Mockingbird Lane, & Falcon Lane Pavement Rehabilitation Project Tax 2021 A. The work shall consist of the removal and replacement of 4,971 square yards of 10” reinforced concrete street pavement, 5,473 square yards of 8” compacted flex base subgrade, 4,841 square yards of 8” reinforced concrete street pavement, 5,232 square yards of 6” compacted flex base subgrade, 217 square yards of 8” reinforced concrete driveway, 16 square yards of 6” reinforced concrete driveway, 2 stamped colored concrete road humps, 84 square yards of 4” concrete sidewalk, 3 Barrier Free Ramps, and adjustment of miscellaneous valves, manholes, and other appurtenant structures. This project includes restoration of sod, landscaping, irrigation, signs, and any other items disturbed during the project. This project will consist of Falcon Ln. to be started and completed in the summer when school is out. Work shall include all components necessary for the “turn-key” construction of the project as shown in the plans for the Dividend Drive, Mockingbird Lane, & Falcon Lane Pavement Repair Project Tax 2021 A. 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 Dividend Drive, Mockingbird Lane, & Falcon Lane Pavement Repair Project Tax 2021 A Bid No. Q-0322-02 Article 2. ENGINEER. Twelfth April Advance Contracting Group 100 2-3 Contract Documents 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. 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 Item 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 percentage indicated in Item 109.5.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall 1,457,364.00 101 2-4 Contract Documents 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 recommended by ENGINEER as provided in said Item109.5.4. 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 studied carefully 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 furnishing 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. 102 2-5 Contract Documents 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. Article 8. CONTRACT DOCUMENTS. The Contract Documents 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 the Dividend Drive, Mockingbird Lane, & Falcon Lane Pavement Repair Project Tax 2021 A Bid No. Q-0322-02” for the City of Coppell. 8.8. Drawings (Construction Plans) entitled “Dividend Drive, Mockingbird Lane, & Falcon Lane Pavement Repair Project Tax 2021 A”, 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. One (1) 103 2-6 Contract Documents 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. 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 responsibility 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. 104 105 03/14/2022 Grayhawk Insurance & Risk Mgmt 1820 N Greenville Ave, Suite 200 Richardson, TX 75081 (972)671-9105 FCCI INSURANCE GROUP Certain Underwriters at Lloyd's LondonAlvand Construction Inc. 2512 Program Drive, Suite 109 Dallas, TX 75220 Advance Contracting Group 10178 32727 Grayhawk Insurance & Risk Management dp@grayhawkins.com (972)671-9804 X X X CPP100040676-04A 03/01/2022 03/01/2023 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 X X X CA100011181-06A 03/01/2022 03/01/2023 1,000,000 X X 10,000 UMB100023010-05A 03/01/2022 03/01/2023 5,000,000 5,000,000 N WC0100067332-02A 03/01/2022 03/01/2023 X 1,000,000 1,000,000 1,000,000 LEASED & RENTED EQUIPMENT CONTRACTORS POLLUTION LIAB CPP100040676-04A 03/01/2022 03/01/2023 ENP 0006273-01B 08/06/2021 08/06/2022 LIMIT PER ITEM: 20,000 EACH OCCURRENCE 5,000,000 CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED ON THE GENERAL LIABILTY AND AUTO LIABILITY POLICIES AND ARE PROVIDED A WAIVER OF SUBROGATION ON THE GENERAL LIABILITY, AUTO LIABILITY AND WORKERS COMPENSATION POLICIES. ADDITIONAL INSURED STATUS AND WAIVERS OF SUBROGATION ARE PROVIDED BY BLANKET AUTOMATIC ENDORSEMENTS THAT ARE ATTACHED TO THE POLICIES ONLY WHEN REQUIRED IN A WRITTEN CONTRACT WITH THE NAMED INSURED. A 30 DAY NOTICE OF CANCELLATION, EXCEPT FOR NON-PAYMENT OF PREMIUM, IS INCLUDED WHERE REQUIRED BY CONTRACT. AI 014176 255 PARKWAY BOULEVARD COPPELL TX 75019- CITY OF COPPELL ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2014/01) CERTIFICATE OF LIABILITY INSURANCE 106 2-9 Contract Documents Instructions For Bonds A. The surety on each bond must be a responsible surety company that is qualified to do business in Texas and satisfactory to the Owner. B. The name and residence of each individual party to the bond shall be inserted in the body thereof, and each such party shall sign the bond with his usual signature on the line opposite the scroll seal, and if signed in Maine, Massachusetts or New Hampshire, an adhesive seal shall be affixed opposite the signature. C. If the principals are partners, their individual names will appear in the body of the bond, with the recital that they are partners composing a firm, naming it, and all the members of the firm shall execute the bond as individuals. D. The signature of a witness shall appear in the appropriate place, attesting the signature of each individual party to the bond. E. If the principal or surety is a corporation, the name of the State in which incorporated shall be inserted in the appropriate place in the body of the bond, and said instrument shall be executed and attested under the corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. F. The official character and authority of the person or persons executing the bond for the principal, if a corporation, shall be certified by the secretary or assistant secretary according to the form attached hereto. In lieu of such certificate, records of the corporation as will show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies. G. The date of this bond must not be prior to the date of the contract in connection with which it is given. 107 108 109 110 111 112 113 114 115 SECTION 3 STANDARD SPECIFICATIONS SUPPLEMENTARY CONDITIONS 116 3-2 Standard Specifications Supplementary Conditions CITY OF COPPELL SUPPLEMENTARY CONDITIONS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS GENERAL PROVISIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD SPECIFICATIONS FOR THE PUBLIC WORKS CONSTRUCTION – NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, FOURTH EDITION AS INDICATED BELOW. ALL PROVISIONS WHICH ARE NOT AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED. DIVISION 100: GENERAL PROVISIONS ITEM 101. – DEFINITIONS & ABBREVIATIONS SC-101.1 Engineer: The word "Engineer" in these contract documents and specifications shall be understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 9478, Coppell, TX 75019, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. Owner: The word "Owner" in these contract documents and specifications refers to the CITY OF COPPELL acting through its authorized representatives. Calendar Day: Add the following sentence to the end of the working days definitions: “Hours worked before 8:00 a.m. or after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request or scheduled testing must be made in writing and approved by the City of Coppell. Seventy- two hours notice required. All overtime incurred by the City for inspection services and any overtime incurred by the testing laboratory shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments.” The pay rate scale for Inspector overtime charges will be $54/hr. All other terms used in these Supplementary Conditions which are defined in the General Provisions shall have the same meanings used in the General Provisions. 117 3-3 Standard Specifications Supplementary Conditions ITEM 103.3 – SURETY BONDS SC-103.3.1 Add following sentence to Item 103.3.1: "Maintenance Bond shall be required in the amount of 50% of the cost of the public improvements for a 2 year period." ITEM 103.4 - INSURANCE SC-103.4.6 Add the following new item: “103.4.6 If OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR.” SC-103.4.7 Add the following new item: “103.4.7 CONTRACTOR intends that any policies provided in response to Item 1.26 shall protect all of the parties' insured and provide coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insured or additional insured, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same.” ITEM 103.6 - NOTICE TO PROCEED AND COMMENCEMENT OF WORK SC-103.6 Add following sentence to end of Item 103.6. “Before Contractor starts the Work at the site, a conference attended by Contractor, Engineer and others as appropriate will be held to discuss the schedules referred to in Items 105.3, 108.1 and 109.5.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work.” 118 3-4 Standard Specifications Supplementary Conditions ITEM 104.2 - CHANGE OR MODIFICATION OF CONTRACT SC-104.2.1 104.2.1 Amend the last sentence in Paragraph two of Item 104.2.1 to delete the following "except as provided below." Add the following sentence to the end of paragraph two in Item 104.2.1. "The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: ITEM 105.1 – CONTRACT DOCUMENTS SC-105.1.1 Add the following language at the end of the Item 105.1.1: "If there is any conflict between the provisions of the Contract Documents and any such referenced standard specifications, manuals or codes, the provisions of the Contract Documents shall take precedence over that of any standard specifications, manuals or codes." SC-105.1.3 Amend the first sentence of Item 105.1.3 by changing "such copies" to be "five copies". Add the following to the end of Item 105.1.3: "In the preparation of Drawings and Specifications, ENGINEER has established and relied upon the City of Coppell Standard Construction Details were used for pavement depth and subgrade preparation. The Contractor is responsible for obtaining a copy of these standards prior to beginning construction. The Contractor may take borings at the site to satisfy himself as to subsurface conditions." ITEM 105.2 - WORKMANSHIP, WARRANTIES AND GUARANTEES SC-105.2.2 Amend the first sentence of Item 105.2.2 to change the words "one year" to "two years". ITEM 105.4 – CONSTRUCTION STAKES SC-105.4 Delete Item 105.4 in its entirety and insert the following in lieu thereof: "Construction stakes/surveying shall be provided by the CONTRACTOR. Monumentation has been provided for establishing vertical and horizontal control. The Contractor shall be responsible for 119 3-5 Standard Specifications Supplementary Conditions establishing all lines and grades, and the precise location of all proposed facilities. The ENGINEER may make checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the requirements of the construction documents. Such checking by the Engineer shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specifications and to the lines and grades given therein." ITEM 107.3 - OWNER'S OFFICERS, EMPLOYEES OR AGENTS SC-107.3.2 Replace Item 107.3.2 with the following new paragraph: “107.3.2 Conflict of Interest City Charter states that no officer of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor.” ITEM 107.14 - STATE AND LOCAL SALES AND USE TAXES SC-107.14 Delete Item 107.14 and substitute the following in lieu thereof: “107.14 Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvement of City-owned realty. It is still possible, however, for a contractor to make tax-free purchase of tangible personal property, which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one, which separates charges for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials, which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The contractor then receives an exemption certificate from the city for those materials. (This procedure may not be used, however, for 120 3-6 Standard Specifications Supplementary Conditions materials, which do not become a part of the finished product. For example, equipment rentals, form materials, etc. are not considered as becoming "incorporated" into the project). Utilization of this "separated contract" approach eliminates the need for bidders to figure in sales tax for materials, which are to be incorporated into the project. The successful bidder's bid form will be used to develop the "separated contract" and will determine the extent of the tax exemption. Upon execution of the construction contract, the contractor shall furnish a breakdown (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project.” ITEM 107.19 - PROTECTION OF WORK AND OF PERSONS AND PROPERTY SC-107.19.2.1 Add the following new Item 107.19.2.1 immediately after Item 107.19.2: “107.19.2.1 Should CONTRACTOR cause damage to the work or property of any separate Contractor at the site, or should any claim arising out of CONTRACTOR'S, OWNER, ENGINEER, Consulting Engineer or any other person, CONTRACTOR shall promptly attempt to settle with such other Contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER and Consulting Engineer harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate Contractor against OWNER, ENGINEER or Consulting Engineer to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate Contractor cause damage to the work or property of CONTRACTOR or should the performance of work by any separate Contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER, ENGINEER or Consulting Engineer or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER, ENGINEER or Consulting Engineer on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate Contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Item 1.36. An extension of the Contract Time shall be CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor.” 121 3-7 Standard Specifications Supplementary Conditions ITEM 107.23 – EXISTING STRUCTURES, FACILITIES AND APPURTENANCES SC-107.23.2a Add the following new Item 107.23.2a immediately after Item 107.23.2: “107.23.2a Existing Utilities and Sewer Lines: The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by the construction operations. Where existing utilities or service lines are cut, broken or damaged, the CONTRACTOR shall replace the utilities or service lines with the same type of original construction, or better, at his own cost and expense. This includes any and all irrigation systems, whether or not they are identified on the plans. If it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the ENGINEER. The right is reserved to the owner of any public utility to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by the performance of this contract.” ITEM 108.1 – PROGRESS SCHEDULE SC-108.1 Amend the first sentence of Item 108.1 by adding the following at the beginning of the sentence: "If requested by Owner, Engineer or Contractor". ITEM 108.3 - OTHER CONTRACTORS; OBLIGATION TO COOPERATE SC-108.3 Delete the last sentence of the second paragraph and substitute the following in lieu thereof: "In such event, Contractor shall be entitled to an extension of working time only for unavoidable delays verified by the Engineers, as provided in Item 108.8; however, no increase in the contract price shall be due the Contractor." Insert the following sentence at the end of the second paragraph of Item 108.3: "The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule events to minimize delay caused to the CONTRACTOR. No additional time shall be given to the CONTRACTOR of such related work except as provided in Item 108.8." 122 3-8 Standard Specifications Supplementary Conditions ITEM 108.8 - DELAYS; EXTENSION OF TIME; LIQUIDATED DAMAGES SC-108.8 Add the following at the end of the last paragraph in Item 108.8: "No extension of the contract time shall be allowed unless the CONTRACTOR can demonstrate the delay caused an adverse impact to the critical path and that loss of time cannot be made up by revising the sequence of the work of the project." DIVISION 200: SITE PROTECTION AND PREPARATION ITEM 203 – SITE PREPARATION: 203.3.2 Add the following sentence after the second sentence: “The method of protection shall be 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer.” ITEM 203.7 - EMBANKMENT: 203.7.3. Strike the first sentence and replace with the following: "Earth embedment and select material shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." DIVISION 300: ROADWAY CONSTRUCTION ITEM 303. – PORTLAND CEMENT CONCRETE PAVEMENT: 303.2.4 Mineral Admixtures. Delete paragraph 303.2.4 in its entirety. The use of Fly Ash as an admixture in any Class of concrete is allowed. ITEM 303.5 - CONSTRUCTION METHODS: 303.5.4 Joints 303.5.4.2 Expansion Joints: Replace with the following: "Expansion joints shall be installed perpendicularly to the surface and centerline of the pavement. Expansion Joint material shall be redwood boards, 3/4-inch in width, and extended through curbs. Expansion joints are to be installed at each end of radius at street intersections. Expansion joints shall be equally spaced between intersections with not less than one every 200 linear feet of pavement, unless otherwise specified on the Plans or directed by the Engineer. 123 3-9 Standard Specifications Supplementary Conditions 303.5.4.2.3 Proximity to Existing Structures: Add to end of sentence, "or as directed by the Engineer". 303.5.4.3 Contraction Joints. Delete the first sentence of the first paragraph and insert the following: "Contraction or dummy joints shall be sawed to T/4 inches in depth, and 1/4 inch in width, and installed every 20 linear feet of pavement, and extend through curb, unless otherwise directed by the Engineer." 303.5.6 Finishing. 303.5.6.1 Machine. Add the following paragraph at the end of this subsection: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." 303.5.6.2 Hand. Add a new paragraph after first paragraph which reads as follows: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." DIVISION 500: UNDERGROUND CONSTRUCTION AND APPURTENANCES ITEM 504. – OPEN CUT - BACKFILL: 504.2.3.3.3 Additional Requirements (2) Additional Requirements for Type "B" backfill when used in streets: Insert the following paragraph at the beginning of this subsection: "All trench backfill shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods unless otherwise specified in the Plans. Water jetting may be used only with specific written permission of the Engineer." ITEM 504.5 - EMBEDMENT: 504.5.3.2 Compaction. 504.5.3.2.1 Densities - Areas Not Subjected to or Influenced by Vehicular Traffic. Amend the second sentence by striking the words "to a density comparable with adjacent undisturbed material" and replacing with "to a density between 95 percent and 100 percent Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, unless otherwise specified in the Plans or directed by the Engineer." 124 3-10 Standard Specifications Supplementary Conditions DIVISION 800: MISCELLANEOUS CONSTRUCTION & MATERIALS ITEM 803 – SLOPE AND CHANNEL PROTECTION: 803.3.3 Riprap Construction Methods 803.3.3.6 Mortar Riprap. Add the sentence: “Mortar or concrete type shall be approved by the Engineer and shall conform to A.S.T.M. C 387-83.” 125 SECTION 4 SPECIFIC PROJECT REQUIREMENTS 126 4-2 Specific Project Requirements SPECIFIC PROJECT REQUIREMENTS The construction specifications, which apply to this project are the Standard Specifications for Public Works Construction - North Central Texas Council of Governments Fourth Edition. The following Specific Project Requirements contain general and specific project requirements applicable to this project in the City of Coppell. These individual specifications control for this project. Additional amendments to the NCTCOG Standard Specifications are contained in Section 3 - Supplementary Conditions to the Standard Specifications for Construction. In the event that an item is not covered in the Project Drawings (Construction Plans) and these Specifications, then the Standard Specifications for the City of Coppell, Texas shall apply. In addition, reference to the following shall be considered as referring to the specifications or Method of Test as set forth by these organizations and shall be considered as part of the Specifications when referenced. A.S.A. American Standards Association A.S.T.M. American Society of Testing Materials A.A.S.H.T.O. American Association of State Highway & Transportation Officials A.C.I. American Concrete Institute A.W.S. American Welding Society A.W.W.A. American Water Works Association S.S.P.C. Steel Structures Painting Council, Federal Specifications Treasury Department U.L. Underwriters Laboratories N.E.M.A. National Electrical Manufacturers Association W.P.C.F. Water Pollution Control Federation TX.DOT Texas Department of Transportation C.D.G.S. City of Dallas General Specifications S.S.P.W.C.N.C.T. Standard Specifications for Public Works Construction North Central Texas T.M.U.T.C.D. Texas Manual on Uniform Traffic Control Devices 127 4-3 Specific Project Requirements 1.1 OWNER: The "OWNER" or “City” as referred to in these Specifications is the City of Coppell, 255 Parkway Boulevard, P.O. Box 9478,Coppell, Texas 75019. 1.2 ENGINEER: The "Engineer" as referred to in these Specifications is the City Engineer, City of Coppell, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. 1.3 STANDARD CONSTRUCTION SPECIFICATIONS FOR THE CITY OF COPPELL: All improvements described in this Proposal and Construction Drawings shall be performed in accordance with the Project Drawings and Specifications. In the event that an item is not covered in the Project Drawings and Specifications, then the City of Coppell Standard Construction Details (Ord.#2006-1129), and Appendix ‘C’ Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord.#94-643) shall apply. 1.4 SITE: The Contractor shall limit his work to the area shown on the Project Drawings as within the street right-of-way. Entrance onto private property shall be at the expressed approval of the ENGINEER, only. 1.5 PROJECT DESCRIPTION: The work shall consist of the removal and replacement of 4,971 square yards of 10” reinforced concrete street pavement, 5,473 square yards of 8” compacted flex base subgrade, 4,841 square yards of 8” reinforced concrete street pavement, 5,232 square yards of 6” compacted flex base subgrade, 217 square yards of 8” reinforced concrete driveway, 16 square yards of 6” reinforced concrete driveway, 2 stamped colored concrete road humps, 84 square yards of 4” concrete sidewalk, 3 Barrier Free Ramps, and adjustment of miscellaneous valves, manholes, and other appurtenant structures. This project includes restoration of sod, landscaping, irrigation, signs, and any other items disturbed during the project. This project will consist of Falcon Ln. to be started and completed in the summer when school is out. Work shall include all components necessary for the “turn key” construction of the project as shown in the plans for the Dividend Drive, Mockingbird Lane, & Falcon Lane Pavement Repair Project Tax 2021 A. 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. 1.6 EXPLANATION OF CONTRACT TIME: In the event the Contractor completes the contract prior to the expiration of the Original Contract Time, the Owner will pay the Contractor an incentive payment of the Daily Value amount specified in Item 20 of the Instructions to Bidders in the Contract Documents for each calendar day the actual completion date precedes the Original Contract Time and subject to the conditions set forth below. The term “Original Contract Time” as used herein will mean the number of calendar days established by the Contractor for completion of the 128 4-4 Specific Project Requirements work of the Contract on the date the Contract was executed. The term “calendar day” as used in this Article will mean every day shown on the calendar. Calendar days will be consecutively counted from commencement of Contract Time regardless of weather, weekends, holidays, suspensions of Contractor’s operations, delays or other events as described herein. For purposes of the calculation and the determination of entitlement to the incentive payment stated above, the Original Contract Time will not be adjusted for any reason, cause or circumstance whatsoever, regardless of fault, save and except in the instance of a catastrophic event (i.e., war, invasion, riot, declared state of emergency, national strike, or other situations as declared by the Owner). The parties anticipate that delays may be caused by or arise from any number of events during the course of the Contract, including, but not limited to, work performed, disruptions, permitting issues, actions of suppliers, subcontractors or other contractors, actions by third parties, weather, weekends, holidays, or other such events, forces or factors sometimes experienced in roadway construction work. Such delays or events and their potential impacts on performance by the Contractor are specifically contemplated and acknowledged by the parties in entering into this Contract, and shall not extend the Original Contract Time for purposes of calculation of the incentive payment set forth above. Further, any and all costs or impacts whatsoever incurred by the Contractor in accelerating the Contractor’s work to overcome or absorb such delays or events in an effort to complete the Contract prior to expiration of the Original Contract Time, regardless of whether the Contractor successfully does so or not, shall be the sole responsibility of the Contractor in every instance. In the event the project is altered by work deleted, change orders, supplemental agreements, utility conflicts, design changes or defects, extra work, right of way issues, or other situations which are not the fault of or a direct result of contractor negligence which may impact the critical path of the project construction schedule, the Owner may choose to negotiate the extension or reduction of the Original Contract Time with the Contractor. In the event of a catastrophic event (i.e., war, invasion, riot, declared state of emergency, national strike, or other situations as declared by the Owner) directly and substantially affecting the Contractor’s operations on the Contract, the Contractor and the Owner shall agree as to the number of calendar days to extend the Original Contract Time so that such extended Original Contract Time, will be used in calculation of any incentive payment. In the event the Contractor and Owner are unable to agree to the number of calendar days to extend the Original Contract Time, the Owner shall unilaterally determine the number of calendar days to extend the Original contract Time reasonably and necessary and due solely to such catastrophic event and the Contractor shall have no right whatsoever to contest such determination, save and except that the Contractor establishes that the number of calendar days determined by the Owner were arbitrary or without any reasonable basis. The Contractor shall have no rights under the Contract to make any claim arising out of this incentive payment provision except as is expressly set forth in this Provision. As conditions precedent to the Contractor’s entitlement to any incentive the Contractor must: 1. Actually complete all Contract requirements, including the completion of all punch list work, and obtain final acceptance by the Owner prior to expiration of the Original Contract Time. 129 4-5 Specific Project Requirements 2. The Contractor shall notify the Owner in writing, within 30 days after the final acceptance of the Contract by the Owner, that the Contractor elects to be paid the incentive payment which the Contractor is eligible to be paid based on the actual final acceptance date, and such written notice shall constitute a full and complete waiver, release and acknowledgement of satisfaction by the Contractor of any and all claims, causes of action, issues, demands, disputes, matters or controversies, of any nature or kind whatsoever, known or unknown, against the Owner, its employees, officers, agents, representatives, consultants, and their respective employees, officers and representatives, the Contractor has or may have, including, but not limited to, work performed, work deleted, change orders, supplemental agreements, delays, disruptions, differing site conditions, utility conflicts, design changes or defects, time extensions, extra work, right of way issues, permitting issues, actions of suppliers or subcontractors or other contractors, actions by third parties, shop drawing approval process delays, expansion of the physical limits of the project to make it functional, weather, weekends, holidays, suspensions of Contractor’s operations, extended or unabsorbed home office or job site overhead, lump sum maintenance of traffic adjustments, lost profits, prime mark-up on subcontractor work, acceleration costs, any and all direct and indirect costs, any other adverse impacts, events, conditions, circumstances or potential damages, on or pertaining to, or as to or arising out of the Contract. This waiver, release and acknowledgement of satisfaction shall be all-inclusive and absolute, save and except any routine Owner final estimating quantity adjustments. Should the Contractor fail to actually complete the Contract and obtain final acceptance by the Owner prior to expiration of the Original Contract Time, or should the contractor, having timely completed the Contract and obtained final acceptance by the Owner prior to expiration of the Original Contract Time, but having failed to timely request the incentive payment for any reason, and including but not limited to the Contractor choosing not to fully waive, release and acknowledge satisfaction as set forth in (2) above, the Contractor shall have no right to any payment whatsoever under this Article. Notwithstanding the Contractor’s election or non-election of the incentive under this provision, the disincentive provision applies to all circumstances where the work in the Contract is not finally accepted by the Original Contract Time. Should the Contractor fail to complete the Contract on or before the expiration of the Original Contract Time, as adjusted in accordance with the provisions above, the Owner shall deduct from the moneys due the Contractor the Daily Value specified in the Contract Documents for each calendar day completion exceeds the Original Contract Time. This deduction shall be the disincentive for the Contractor’s failing to timely complete the Contract. This shall be strictly enforced. In the event the Contractor elects to exercise this incentive payment provision, should this provision conflict with any other provision of the Contract; the Contract shall be interpreted in accordance with this provision. Any reference to “Substantially Complete” shall be interpreted to be complete with the Contract with no work remaining on the project. 130 4-6 Specific Project Requirements 1.7 SAFETY PRECAUTIONS: The Contractor shall comply with all applicable laws including the Occupational Safety and Health Act of 1970, ordinances, rules, regulations and order of any public authority have jurisdiction for the safety of persons or property to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 1.8 SOIL INVESTIGATION: A geotechnical investigation report has not been prepared for this project. The City of Coppell Standard Construction Details were used for pavement depth and subgrade preparation. The Contractor shall visit the site and acquaint himself with the site conditions. 1.9 SURVEY AND FINISHED GRADES: Horizontal and vertical control to match existing. The Contractor shall be responsible for layout and staking of all grades and lines for construction utilizing qualified survey personnel. The Contractor shall preserve all stakes or markings until authorized by the Engineer to remove same. The Contractor shall bear the cost of the re-establishing any control or construction stakes destroyed by either him or a third party and shall assume the entire expense of rectifying work improperly constructed due to failure to maintain established points and marks. Contractor shall work in accordance with the City of Coppell standard details. No separate payment shall be made to the Contractor for construction staking which shall be considered incidental to the project and payments made under specific Pay Items shall be considered as full compensation for these requirements. 1.10 CONFORMITY WITH DRAWINGS: All work shall conform to the lines, grades, cross- sections, and dimensions shown on the Drawings or in accordance with City standard details. Any deviation from the Drawings which may be required by the exigencies of construction will be determined by the Engineer and authorized by him in writing. 1.11 TESTING LABORATORY SERVICE: The Owner shall make arrangements with an independent laboratory acceptable for testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of retests, or re- inspections. The Contractor shall notify the ENGINEER in a timely manner of when and where tests or inspections are to be made so that they may be present. One copy shall be provided to the contractor of all reports and laboratory test results. Testing by the Owner does not alleviate the contractors' responsibility for his own quality assurance/quality control testing. Contractor shall replace any deficient construction items. 1.12 SUSPENSION OF WORK: If the work should be stopped or suspended under any order of the court, or other public authority, the Owner may at any time during suspension upon seven days written notice to the Contractor, terminate the Contract. In such an event, the Owner shall be liable only for payment for all work completed plus a reasonable cost for any expenses resulting from the termination of the Contract, but such expenses shall not exceed $5,000. 131 4-7 Specific Project Requirements 1.13 PRESERVATION OF TREES: Permission of the Engineer must be obtained for removal of trees that obstruct the installation of the improvements as outlined for this project in these Contract Documents. The penalty for the removal or destruction of a tree without obtaining written permission from the Engineer shall be $500.00 per caliper inch payable to the Owner. If damage is occurring or is likely to continue, tree guards shall be erected when so directed by the Engineer at the Contractor's expense. 1.14 COOPERATION OF CONTRACTOR: The Contractor shall have on the project at all times, as his agent, a competent Superintendent capable of reading the plans and specifications and thoroughly experienced in the type of work being performed. The Superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work contracted. The Superintendent and the Contractor shall be responsible for supervision of all work performed by the subcontractor at all times during construction. 1.15 WARNING DEVICES: The Contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required by law to protect persons and property while said persons or property are approaching, leaving or within the work site or any area adjacent to said work site. Compensation will be paid to the Contractor for the installation or maintenance of any warning devices, barricades, lights, signs or any other precautionary measures required by law for the protection of persons or property under pay item to Furnish, Install and Maintain Traffic Control Devices. The Contractor shall assume all duties owned by the City of Coppell to the general public in connection with the general public's immediate approach to and travel through the work site and area adjacent to said work site. Where the work is carried on, in, or adjacent to, any street, alley, sidewalk, public right-of- way or public place, the Contractor shall at his own cost and expense provide such flagmen and watchmen and furnish, erect and maintain such warning devices, barricades, lights, signs and other precautionary measures for the protection of persons or property as are required by law. The Contractor shall submit a traffic control plan to be reviewed by the City prior to the beginning of work. In preparing the traffic control plan, the contractor shall take into account that the project will be constructed in multiple phases. The Contractor's responsibility for providing and maintaining flagmen, watchmen, warning devices, barricades, signs, and lights, and other precautionary measures shall not cease until the project shall have been fully and finally accepted by the Owner. If the Engineer discovers that the Contractor has failed to comply with the applicable federal and state law (by failing to furnish the necessary flagmen, warning devices, barricades, lights, signs or other precautionary measures for the protection of persons or property), the Engineer may order such additional precautionary measures as required by law to be taken 132 4-8 Specific Project Requirements to protect persons and property, and to be reimbursed by the Contractor for any expense incurred in ordering such additional precautionary measures. In addition, the Contractor will be held responsible for all damages to the work and other public or private property due to the failure of warning devices, barricades, signs, lights, or other precautionary measures in protecting said property, and whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed and replaced by and at the cost and expense of the Contractor. If the damages are not corrected in a timely fashion, then the City shall have the right to repair the damage and charge the cost back to the Contractor. All of this work is considered incidental to pay item I-48 – Traffic Control. 1.16 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY: In regards to existing utilities, structures and other property within, crossing or adjacent to the site, the Contractor understands and accepts the following conditions: a. Prior to any excavation, the Contractor shall determine the locations of all existing water, gas sewer, electric, telephone, telegraph, television, and other underground utilities and structures. This includes the water and sanitary sewer services. b. After commencing the work, the Contractor will use every precaution to avoid interferences with existing underground and surface utilities and structures, and protect them from damage. c. Where the locations of existing underground and surface utilities and structures are indicated, these locations are generally approximate, and all items that may be encountered during the work are not necessarily indicated. The Contractor shall determine the exact locations of all items indicated, and the existence and locations of all items not indicated. d. The Contractor shall repair or pay for all damage caused by his operations to all existing utilities, public property, and private property, whether it is below ground or above ground, and he shall bear sole responsibility to settle the total cost of all damage suits which may arise as a result of his operations. e. To avoid unnecessary interferences or delays, the Contractor shall coordinate all utility removals, replacements and construction directly with the appropriate utility company. 1.17 DRAINAGE: The Contractor shall maintain adequate drainage at all times. 1.18 PROJECT MAINTENANCE: The Contractor shall maintain, and keep in good repair, the improvements covered by these plans and specifications during the life of the contract. 1.19 CLEANUP: 133 4-9 Specific Project Requirements During Construction. The contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site when it becomes objectionable or interferes with the progress of the project, and/or when requested to do so by the Owner. Final. Upon completion of the work, the Contractor shall remove from the site all plant, materials, tools and equipment belonging to him and leave the site with an appearance acceptable to the Engineer and the Owner. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new-appearing condition. 1.20 INSPECTION: The word "Inspection" or other forms of the word, as used in the contract documents for this project shall be understood as meaning an Owner's agent will observe the construction on behalf of the Owner. The agent will observe and check the construction in sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents, but he will not be a guarantor of the Contractor's performance. 1.21 DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps, slashings, brush or other debris removed from the site as a preliminary to the construction of the various improvements shall be removed from the property by the Contractor. Any required burning and/or disposal permits shall be the sole responsibility of the Contractor. All excavated materials in excess of that required for backfilling shall be removed from the job site and disposed of in a satisfactory manner by the Contractor. 1.22 WATER FOR CONSTRUCTION: The Contractor shall make the necessary arrangement for securing and transporting all water required in the construction of this project, including water required for mixing of concrete, sprinkling, testing, flushing, flooding, or jetting. The Contractor shall provide water as required at his own expense. 1.23 GUARANTEE: All work shall be guaranteed against defects resulting from the use of inferior materials, equipment or workmanship for a period of two (2) years from the date of final completion and acceptance of the project. 134 4-10 Specific Project Requirements SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 1.1 GENERAL: A. Contractor to submit Shop Drawings, Product Data and Samples as required by the Contract Documents and as specified in other sections of the specifications. 1.2 SHOP DRAWINGS: A. As soon as practicable after contract award, submit to the Engineer, for review, the required number of bound copies of shop drawings of all items as specified in the various sections of these specifications, accompanied by letters of transmittal. B. Shop drawings shall include: Manufacturer's catalog sheets and/or descriptive data for materials and equipment; showing dimensions, performance characteristics, and capacities and other pertinent information as required to obtain approval of the items involved. C. No work requiring shop drawings will be executed until review and acceptance of such drawings has been obtained. 1.3 PRODUCT DATA: A. Preparation: 1. Clearly mark each copy to identify pertinent products or models. 2. Show performance characteristics and capacities. 3. Show dimensions and clearances required. B. Manufacturers standard schematic drawings and diagrams: 1. Modify drawings and diagrams to delete information that is not applicable to the work. 2. Supplement standard information to provide information specifically applicable to the work. 1.4 SAMPLES: Provide samples as indicated in other parts of thesespecifications. 1.5 CONTRACTOR RESPONSIBILITIES: A. Review Shop Drawings and Product Data prior to submission. B. Determine and verify: 1. Field measurements. 2. Field construction criteria. 3. Catalog numbers and similar data. 4. Conformance with specifications. 135 4-11 Specific Project Requirements C. Coordinate each submittal with requirements of the work and of the Contract Documents. D. Begin no work that requires submittals until return of submittals with Engineer's review. E. Keep one (1) approved copy of shop drawings or product data at job site at all times. 1.6 SUBMISSION REQUIREMENTS: A. Make submittals promptly and in such sequence as to cause no delay in the work or in the work of any other contractor. B. Number of submittals required: 1. For shop drawings and product data: Submit the number of copies that the contractor requires, plus two that will be retained by the Engineer. C. Submittals shall contain: 1. The date of submission and the dates of any previous submissions. 2. The project title. 3. The names of: a. Contractor b. Supplier c. Manufacturer 4. Identification of the product. 5. Field dimensions, clearly identified as such. 6. Relation to adjacent or critical features of the work or materials. 7. Applicable standards, such as ASTM or Federal Specification numbers. 8. Identification of deviations from Contract Documents. 9. Identification of revisions on re-submittals. 10. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the work and of Contract Documents. 11. Fabrication and erection drawings lists and schedules. 12. Basis of design and design calculations signed and sealed by a registered professional engineer. 13. Seal and signature of a registered engineer on all structural submittals. D. REVIEW: 1. Shop drawing and product data information review will be general. Such review will not relieve the contractor of any responsibility and work required by the Contract. 2. Satisfactory shop drawings will be so designated and all sets, except four (4), returned to the Contractor. Rejected shop drawings will be so designated 136 4-12 Specific Project Requirements and all sets except two (2) will be returned to the Contractor, with indications of the required corrections and changes. 3. Rejected shop drawings will be corrected and resubmitted to the Engineer for Acceptance. 1.7 RESUBMISSION REQUIREMENTS: A. Make any corrections or changes in the submittals required by the Engineer and resubmit until accepted. B. Shop Drawings and Product Data: 1. Revise initial drawings or data and resubmit as specified for the initial submittal. 2. Indicate any changes that have been made other than those requested by the Engineer. 1.8 ENGINEER'S RESPONSIBILITIES: A. Review submittals with reasonable promptness. B. Affix stamp and initials or signature, and indicate requirements for re-submittal, or acceptance of submittal. C. Return submittals to Contractor for distribution, or for resubmission. 137 ` SECTION 5 DESCRIPTION OF PAY ITEMS 138 5-2 Description of Pay Items SECTION 5 - DESCRIPTION OF PAY ITEMS This section includes comments concerning various Pay Items so that the CONTRACTOR can fully understand the scope of work involved in the Pay Items. 1. Construction No Pay Items: All work necessary for the orderly completion of the project, but not specifically included as a pay item in the Proposal, shall be considered subsidiary to the Contract and no separate or additional payment will be made, therefore. For example, there shall be no separate payment for the following: (a) removal and replacement of any signs, with the exception of the signs paid under various Bid Items, (b) removal of spoils, (c) water for construction, (d) surveying to establish grade, (d) maintenance of streets during construction, (e) sprinkling for dust control, (f) project trailer if needed, and/or (g) any other incidentals necessary to complete the work whether directly called out within the plans or implied. 2. Construction Pay Items: Pay items as listed in the proposal shall be measured and paid for in accordance with the applicable measurement and payment paragraphs in the Standard Specifications for Public Works Construction - North Central Texas Council of Governments Fourth Edition, unless modified by these special provisions. All work for this project shall be governed by the Standard Specifications for Public Works Construction – North Central Texas Council of Governments Fourth Edition, the City of Coppell Standard Construction Details (Ord. #2006-1129), and Appendix "C" Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord. #94-643), together with any additional Supplementary Conditions, Specific Project Requirements, General Notes or Description of Pay Items included herein. 2.1. Pay Item #I-1 – Mobilization: This pay item shall include the mobilization and demobilization for the construction of the project. This pay item shall be inclusive of any and all mobilizations and demobilizations associated with the project. Mobilization shall be defined as all necessary equipment, supplies, materials, and personnel on the job site ready to begin construction. Note: The total amount bid for Mobilization & Demobilization shall not exceed five percent (5%) of the Base Bid amount, exclusive of this pay item (adjusted contract amount). Video & photo documentation of the existing right-of-way and the entire work area prior to the start of construction must be provided to the City before commencing work. Measurement and payment shall be as follows: Ten percent (10%) of the amount bid shall be paid with the first pay estimate following mobilization. On all subsequent pay estimates, payment shall be prorated on the basis of the value of the adjusted contract amount completed. Payment shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 139 5-3 Description of Pay Items 2.2. Pay Item #I-2 – Furnish, Install, and Maintain Project Signs: This pay item shall consist of the installation of project signage at locations shown on the plans, or as directed by the engineer. The sign shall be constructed in accordance with the details found in Section 6 of the Specifications. If the city logo cannot be produced as an integral part of the sign, the City will furnish the City logo. The contractor will be responsible for maintenance of the sign for the duration of the project. Any debris, graffiti, or damage caused by any means shall be cleaned or repaired by the contractor at no additional cost to the city. Measurement and payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.3. Pay Item #I-3 – Prepare and Implement Traffic Control Plan: This work includes developing and preparing a Traffic Control Plan, and then implementing and maintaining the required traffic control devices during construction as shown and/or indicated on the plans or as determined by the Engineer, in accordance with the appropriate details and specifications, including the TMUTCD. Inclusive with this pay item is the requirement for adequate notification and instruction (i.e., printed notices delivered to individual homes and businesses, electronic message boards, signage, etc.) to be given to adjacent property owners and to the traveling public regarding interruptions or changes to established traffic flow patterns to, from and along the work site. This work also includes the use of flagman, if necessary, to control traffic in an orderly manner as it enters, exits and/or passes through the construction area, as well as the installation and removal of all temporary riding surfaces. Additionally, the Contractor shall maintain the existing roadway and temporary riding surfaces in a safe driving condition at all times during construction. In addition, the contractor shall coordinate with any work in the railroad right-of-way with the railroad, including the cost for railroad flaggers. Traffic control plans and updates shall be provided to the Engineer for review prior to construction. Any lane reductions or closures will require the use of an arrow board as described in the TMUTCD. Measurement and payment for traffic control work performed and materials furnished shall be made on the basis of the price per price bid per lump sum (LS) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete all phases of the work. Payment will be made on a prorated basis, with the percentage based on the amount of time bid on the contract. In the event the contractor exceeds the time bid on the contract, no additional compensation will be paid under this pay item. 2.4. Pay Item #I-4 – Prepare and Implement Storm Water Pollution Prevention Plan (SWPPP): This pay item shall consist of furnishing, installing, maintaining and removing erosion controls throughout the duration of the project in accordance with the Texas Commission 140 5-4 Description of Pay Items on Environmental Quality permitting requirements for construction projects that disturb less than one (1) acre. Under the Texas Pollution Discharge Elimination System (TDPES) general construction permit TXR 150000, the operator with control of construction plans and specifications (Owner) and the operator with day-to-day operational control (Contractor) are required to post a Construction Site Notice. The Contractor shall be required to prepare and implement a single comprehensive site -specific Storm Water Pollution Prevention Plan (SWPPP) for the entire construction site. The Contractor shall be responsible for compliance with all posting requirements, and the implementation of best management practices that will be used to reduce, to the maximum extent possible, the pollutants and storm water discharges associated with the construction activity and ensu re compliance with the terms and conditions of the TCEQ. Measurement and payment shall be made on the basis of the price bid per lump sum (LS) for preparation and implementation of the SWPPP. This includes any necessary revisions to the Erosion Control Plan throughout the term of construction and the installation, sequencing, and maintenance of structural control measures throughout the term of construction. Payment shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work and payment shall be prorated throughout the term of construction based on the calendar days. 2.5. Pay Item #I-5 – Project Communication: This item shall consist of communicating all aspects of the project to both the adjacent businesses and property owners and the City throughout the term of the project. The contractor shall attend a preconstruction meeting with all the project stakeholders before beginning the work. This shall be in addition to the preconstruction meeting with the City Staff. The stakeholder meeting shall consist of introductions of key staff personnel, presentation of contractor’s anticipated schedule, presentation of details regarding coordinating services such as refuse collection, mail distribution, ingress and egress, etc. and any other pertinent information to the project. Measurement and Payment shall be made on the basis of the bid price per lump sum and shall be the total compensation for furnishing all labor, materials and equipment necessary to complete the work of communicating the project. Payment for this item shall be paid upon substantially completing the work and successfully communicating the project milestones. 2.6. Pay Item #I-6 – Sawcut, Remove & Dispose of Concrete (All Thicknesses): This work includes the removal of concrete street, alley, driveway, and sidewalks at the locations shown in the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. All material removed from the job site shall be transported and legally disposed off-site by the contractor. Concrete to be removed shall be sawed full depth through the existing reinforcement along even straight lines as shown on the plans or as established by the Engineer, in accordance with NCTCOG Item 402.3. Once concrete improvements are removed, exposed surfaces shall be roughened to allow adequate bonding of new concrete. 141 5-5 Description of Pay Items The removal of concrete curb that is integral to any concrete pavement, which is to be removed as part of this work, shall not be paid for directly but shall be considered subsidiary to this pay item. All concrete removal shall be subsidiary to this pay item. Any existing improvements beyond these limits, which are damaged or destroyed by the construction shall be removed and replaced at the Contractor’s expense. Measurement and payment for work performed and materials furnished completed and in place as provided herein shall be made on the basis of the price bid per square yard (SY) in accordance with NCTCOG Item 305.2 and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.7. Pay Item #I-7 – Construct 8” Reinforced Concrete Paving: This work includes the construction of 8” reinforced concrete paving at the locations shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. Grading and base preparation necessary to construct the paving to the lines and grades indicated in the plans shall be considered subsidiary to this work. All material removed from the job site shall be transported and legally disposed off-site by the contractor. No additional payment will be made for hauling of extra material from the job site. Where new concrete abuts existing concrete, exposed surfaces shall be roughened to allow adequate bonding of new concrete. Epoxy grout #4x24” dowel bars into end of existing concrete. This operation shall be inspected and approved by the Engineer prior to placement of new concrete. All concrete used for the concrete trail shall be Class “C” concrete with minimum cement content of 6 sacks per cubic yard and minimal compressive strength of 3,600 psi at 28 days. Fly ash will be permitted. The concrete shall be doweled into the existing pavement where appropriate and reinforced in accordance with the City of Coppell Standard Construction Details. The concrete trail shall be reinforced with a minimum of No. 4 bars placed on chairs on 18-inch centers in each direction. The cost for furnishing and placing reinforcement is subsidiary to the price bid. The Contractor shall vibrate all concrete during the pour by a method approved by the Engineer. The Contractor is responsible for making sample concrete cylinders at a cycle determined by the Engineer for testing purposes. The surface shall be a baker broom finish and shall be cured with a highway white curing compound applied per the manufacturer’s recommendations. Joint type and spacing shall be in accordance with City of Coppell standard details, or as directed by the engineer. All construction, sawed, or expansion joints shall be sealed with self-leveling silicone joint sealant. Measurement and payment for work performed and materials furnished related to the construction of reinforced concrete pavement of the specified thickness, as provided herein, shall be made on the basis of the price bid per square yard (SY) in accordance with NCTCOG 142 5-6 Description of Pay Items Item 303.9 and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. Where concrete curb is indicated, it shall be placed integrally with the concrete pavement, however it will be paid under the separate pay item for concrete curb. 2.8. Pay Item #I-8 – Construct 10” Reinforced Concrete Paving: This work includes the construction of 10” reinforced concrete paving at the locations shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. Grading and base preparation necessary to construct the paving to the lines and grades indicated in the plans shall be considered subsidiary to this work. All material removed from the job site shall be transported and legally disposed off-site by the contractor. No additional payment will be made for hauling of extra material from the job site. Where new concrete abuts existing concrete, exposed surfaces shall be roughened to allow adequate bonding of new concrete. Epoxy grout #4x24” dowel bars into end of existing concrete. This operation shall be inspected and approved by the Engineer prior to placement of new concrete. All concrete used for the concrete trail shall be Class “C” concrete with minimum cement content of 6 sacks per cubic yard and minimal compressive strength of 3,600 psi at 28 days. Fly ash will be permitted. The concrete shall be doweled into the existing pavement where appropriate and reinforced in accordance with the City of Coppell Standard Construction Details. The concrete trail shall be reinforced with a minimum of No. 4 bars placed on chairs on 18-inch centers in each direction. The cost for furnishing and placing reinforcement is subsidiary to the price bid. The Contractor shall vibrate all concrete during the pour by a method approved by the Engineer. The Contractor is responsible for making sample concrete cylinders at a cycle determined by the Engineer for testing purposes. The surface shall be a baker broom finish and shall be cured with a highway white curing compound applied per the manufacturer’s recommendations. Joint type and spacing shall be in accordance with City of Coppell standard details, or as directed by the engineer. All construction, sawed, or expansion joints shall be sealed with self-leveling silicone joint sealant. Measurement and payment for work performed and materials furnished related to the construction of reinforced concrete pavement of the specified thickness, as provided herein, shall be made on the basis of the price bid per square yard (SY) in accordance with NCTCOG Item 303.9, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. Where concrete curb is indicated, it shall be placed integrally with the concrete pavement, however it will be paid under the separate pay item for concrete curb. 143 5-7 Description of Pay Items 2.9. Pay Item #I-9 – Construct 4” Reinforced Concrete Sidewalk: This work includes construction of concrete sidewalks of the specified thickness at the locations shown in the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. All concrete used for sidewalk shall be Class “A” concrete with a minimum cement content of 5 sacks per cubic yard and minimum compressive strength of 3,000 psi at 28 days. Fly ash will be permitted. The concrete shall be doweled into the existing sidewalk where appropriate and reinforced in accordance with the City of Coppell Standard Construction Details. The concrete trail shall be reinforced with a minimum of No. 3 bars placed on chairs on 18-inch centers in each direction. The cost for furnishing and placing reinforcement is subsidiary to the price bid. No greater than 1 inch of sand level up course will be allowed under the sidewalk. The surface shall be a baker broom finish and shall be cured with a highway white curing compound applied per the manufacturer’s recommendations. Joint type and spacing shall be in accordance with city of Coppell standard details, or as directed by the engineer. All construction, sawed, or expansion joints shall be sealed with self-leveling silicone joint sealant. All sidewalk construction shall be in compliance with the Texas Accessibility Act Article 9102 of the Texas Civil Statute as administered by the Texas Department of Licensing and Regulations. Any sidewalk found to be in noncompliance shall be removed and brought to compliance at the Contractor’s sole expense. Measurement and payment for reinforced concrete sidewalk work performed and materials furnished completed and in place as provided herein shall be made on the basis of the price bid per square yard (SY) in accordance with NCTCOG Item 305.2 and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.10. Pay Item #I-10 – Construct 6” Reinforced Concrete Driveway Pavement (No. 3 Bars 18” O.C.E.W.): 2.11. Pay Item #I-11 - Construct 8” Reinforced Concrete Driveway Pavement (No. 4 Bars 18” O.C.E.W.): This work includes the construction of the specified thickness of reinforced concrete pavement (including integral curb, where indicated) at the locations shown on the construction plans or as determined by the ENGINEER, in accordance with the appropriate details and specifications. All concrete used for this project shall be Class “C” concrete with a minimum cement content of 6 sacks per cubic yard and minimal compressive strength of 3,600 psi at 28 days. All curb within the construction plans shall be a 6” monolithic curb. No separate payment shall be made for the integral curb, it is subsidiary to this pay item. Any street headers and butt joints shall also be constructed subsidiary to this pay item. The concrete shall be doweled into the existing pavement and reinforced in accordance with the City of Coppell Standard Construction Details. The CONTRACTOR shall use a slip form paving machine and vibrate all concrete during the pour by a method approved by the ENGINEER. The CONTRACTOR is responsible for 144 5-8 Description of Pay Items making sample concrete cylinders at a cycle determined by the ENGINEER for testing purposes. No sand level up course will be allowed under any paving. The paving shall be a baker broom finish and shall be cured with a highway white curing compound applied per the manufacturer’s recommendations. CONTRACTOR shall pay close attention to NCTCOG Item 303.5.4.3 “Contraction Joints” regarding sawing of joints. In general, joints shall be sawed into the completed pavement surface as soon after initial concrete sets as possible so that some raveling of the green concrete is observed in order for the sawing process to prevent uncontrolled shrinkage cracking. Failure to perform the work in compliance with these requirements and those in Item 303.5.4.3 will subject the slab to rejection and the CONTRACTOR will be required to replace the slab at the sole expense of the CONTRACTOR. All joints shall be placed at 15 feet intervals (maximum of 18 feet intervals) or as directed by the ENGINEER. All joints shall be sealed with silicone joint sealant prior to opening the road to traffic. CONTRACTOR shall remove debris from joints using compressed air prior to sealing joints. Concrete street headers shall be constructed at the locations shown on the plans or as directed by the ENGINEER. Concrete street headers will not be measured or paid for separately but shall be subsidiary to this pay item. Measurement and payment for work performed and materials furnished related to the construction of reinforced concrete pavement of the specified thickness, as provided herein, shall be made on the basis of the price bid per square yard (SY) in accordance with NCTCOG Item 303.8, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. Note: The City of Coppell does not have a designated batch plant site for this project. 2.12. Pay Item #I-12 – Construct 8” Reinforced Stamped Concrete Road Hump: This work includes construction of stamped concrete with integral color at the locations shown in the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications, including NCTCOG Item 305.2. All concrete used for construction shall be Class “C” concrete with a minimum cement content of 6 sacks per cubic yard and minimum compressive strength of 3,600 psi at 28 days. Fly ash will be permitted. The concrete pavement shall be reinforced with a minimum of No. 4 bars placed on chairs on 18-inch centers in each direction. The cost for furnishing and placing reinforcement is subsidiary to the price bid. Work shall be in compliance with City of Coppell stamped concrete ordinance 2002-979 and manufacturer’s specifications. Colors shall be Red Clay – Bomanite Integral Color with Bomanite Natural Gray Release (or an approved equal). All patterns shall be Running Bond Used Brick. Approved equal shall only be considered after review of specification and a test section that demonstrates the ability to match color and pattern. All joints shall match the colors used in the colored pavement. Measurement and payment for stamped concrete pavement work performed and materials furnished completed and in place as provided herein shall be made on the basis of the price 145 5-9 Description of Pay Items bid per square yard (SY) in accordance with NCTCOG Item 305.2.4 and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.13. Pay Item #I-13 – Subgrade Preparation: This work includes the preparation of the subgrade prior to placing pavement. Work shall include all fill or excavation necessary to establish the subgrade to the lines and grades shown in the plans, or per City standards, and shall ensure that the subgrade is suitable for placing pavement. All work for this item shall be in accordance with NCTCOG Item 301.1 Any import fill necessary shall be considered subsidiary to the price bid for this item. Additionally, any excess material shall be removed from the site and lawfully disposed of in an approved manner and shall be considered subsidiary to the price bid for this item. Subgrade shall consist of native material with unsuitable material removed and compacted to a density not less than 95% standard proctor density. Acceptable fill is cement treated base, flex base or flowable fill. No lime will be permitted. Measurement and payment shall be on the basis of price bid per square yard (SY) complete in place. The bid price shall be full compensation for furnishing all labor, materials, supplies, equipment, and incidentals necessary to complete the work as specified. 2.14. Pay Item #I-14 – Unclassified Excavation: This work consists of all the required excavation within the limits of the right-of-way and adjacent areas to establish the roadway cross-section, grade and profile as shown on the plans. All excavation is considered unclassified and shall be performed to the lines & grades shown on the construction plans or as directed by the ENGINEER, in accordance with the appropriate specifications, details and notes, including NCTCOG Item 203.4 and the City of Coppell Standard Construction Details. This item also includes temporary stockpiling, placement and compaction of excavated material required for this project, in accordance with the appropriate specifications, including NCTCOG Item 203.6 and 203.7. Fill shall be placed and compacted (minimum 95% of maximum dry density) in accordance with the geotechnical report and the City of Coppell and/or NTCOG specifications. Payment shall include the removal and proper utilization or disposal of all excavated materials (including haul off of unused material), constructing, shaping and finishing of all earthwork involved. Note: the City does not have a designated location for disposal of excess excavation material. Costs for removal, haul-off and lawful disposal shall be considered subsidiary. This is a “Plans Quantity” item and will not be measured unless there are revisions to the scope of work. Payment for work performed and materials furnished related to the unclassified street excavation, as provided herein, shall be made on the basis of the price bid per cubic yard (CY) for unclassified excavation and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 146 5-10 Description of Pay Items 2.15. Pay Item #I-15 – Flexbase: This work includes furnishing and installing in place of flexbase to replace or repair areas of subgrade preparation found to be inadequate. Material and installation shall conform to TxDOT Item 247, Type D, Grade 1-2. Measurement and payment for work performed and materials furnished related to flexbase, as provided herein, shall be on the basis of price bid per ton (TON) complete in place. The bid price shall be full compensation for furnishing all labor, materials, supplies, equipment, and incidentals necessary to complete the work as specified. 2.16. Pay Item #I-16 - Adjust Existing Manhole to Grade: This work includes the adjustment (raising or lowering) of existing manhole covers in locations along the project where the pavement is being adjusted, or where the manhole has settled, as shown on the construction plans or as determined by the Engineer. These adjustments shall be in accordance with the appropriate details and specifications. No separate pay will be allowed for repairing damage to manholes due to construction on this project. The cost to repair such damage shall be the sole responsibility of the CONTRACTOR. Any damage to existing manholes that exists prior to commencing this project should be brought to the attention of the engineer prior to beginning work. Measurement and payment for work performed and materials furnished related to the adjustment of existing manholes, as provided herein, shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.17. Pay Item #I-17 - Adjust Existing Water Valve Box to Grade: This work includes the adjustment (raising or lowering) of existing water valve boxes in locations along the project where the pavement is being adjusted, or where the valve box has settled, as shown on the construction plans or as determined by the Engineer. These adjustments shall be in accordance with the appropriate details and specifications, including those of the valve manufacturer. No separate pay will be allowed for repairing damage to valves or valve boxes due to construction on this project. The cost to repair such damage shall be the sole responsibility of the CONTRACTOR. Any damage to the valves or valve boxes that exists prior to commencing this project should be brought to the attention of the engineer prior to beginning work. Measurement and payment for work performed and materials furnished related to the adjustment of existing water valve boxes, as provided herein, shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.18. Pay Item #I-18 – Restore Disturbed Areas: This work includes all work, materials and incidentals necessary to restore parkways, landscaping, yards or other improved areas to an equal or better condition than prior to construction, in accordance with the appropriate details and specifications, including NCTCOG Items 202.2, 202.3, 202.4, 202.5, and 202.6. Parkways and disturbed areas along 147 5-11 Description of Pay Items the length of the project shall be restored with sod of the same type that exists adjacent to the disturbed area. Topsoil shall be placed in low areas to bring them to grade. Any existing landscape improvements, landscape beds, gravel rock beds, and/or any other existing improvement removed or relocated during the course of construction shall be replaced with like kind or better as a part of this pay item. The CONTRACTOR will be required to water, fertilize, mow and otherwise maintain restored areas to establish healthy growth, even distribution of vegetation and full coverage over the restored area. The CONTRACTOR shall also maintain and protect these areas from damage and repair any damage that occurs, until completion and final acceptance of the project by the OWNER. Measurement and Payment for parkway, median, landscape, and yard restoration work performed, and materials furnished complete and in place as provided herein shall be made on the basis of the price bid per lump sum (LS) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work, including watering, fertilizing, and maintenance of the restored areas. 2.19. Pay Item #I-19 – Repair, Replace, Modify and Restore Existing Irrigation Systems: This work includes repairing, replacing and/or modifying any existing irrigation system or system component within the limits of the work area that is damaged or whose function/operation is adversely impacted by the construction of the proposed improvements, in a manner satisfactory to the adjacent property owners to whom they belong and the Engineer. This work includes repairing or replacing any damaged pipes, sprinkler heads or other system components (i.e., valves, controllers, valve boxes, etc.). This item shall apply to the necessary modification of the irrigation system within the parkway where the plans indicate to relocate existing irrigation control valves. All existing irrigation systems will be assumed to be in good condition and fully operational unless the CONTRACTOR has inspected, noted and documented some specific damage to a system that exists, prior to construction beginning. It would, therefore, be advisable for the CONTRATOR to contact adjacent property owners and/or system owners/operators prior to construction to determine the limits of all existing irrigation systems, the location of sprinkler heads and other system components, and to identify and document any existing damage. All repairs should be completed as soon as possible after the damage is discovered. Any damage to existing grass, trees or landscaping resulting from a lack of water during construction because of damage to irrigation systems or irrigation systems that become inoperable will be the sole responsibility of the CONTRACTOR to replace. The exact number and location of sprinkler heads, valves, controllers, etc. on this project is unknown. The CONTRACTOR is, therefore, advised to visit the project site for himself and make his own determination of where existing irrigation systems may be located and to what extent those systems and system components may be damaged or impacted during construction. Measurement and payment for work performed and materials furnished related to the repair, replacement, modification, or restoration of existing irrigation systems, as provided herein, shall be made on the basis of the price bid per lump sum (LS) and shall be total compensation 148 5-12 Description of Pay Items for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work, including replacing any sod, trees or landscaping damaged during the course of construction due to the lack of adequate watering or the inability to properly operate an existing irrigation system resulting from the construction. 2.20. Pay Item #I-20 – TxDOT Type 2 Pedestrian Ramp: This work includes the construction of pedestrian ramps at locations shown in the construction plans or as determined by the ENGINEER, in accordance with TxDOT’s Standard Specifications for Construction and Maintenance of Highways. Streets. and Bridges Item 531. All concrete used for barrier free ramp construction shall be Class “A” concrete with a minimum compressive strength of 3,000 psi at 28 days. Fly ash will be permitted. All pedestrian ramps are based on the Texas Department of Transportation’s Design Division Standards for Pedestrian Facilities: Curb Ramps (Detail PED-18A). All ramp construction shall be in compliance with the Texas Accessibility Act Article 9102 of the Texas Civil Statute as administered by the Texas Department of Licensing and Regulations. This includes the correct slope, correct width, correct texture, and correct color differentiation (i.e., staining to the finished ramp). The ENGINEER shall verify each ramp prior to final acceptance. Any ramp found to be in noncompliance shall be removed and brought to compliance at the CONTRACTOR’s sole expense. Measurement and payment for construction of barrier free ramps and materials furnished completed and in place as provided herein shall be made on the basis of price bid per square yard (SY) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment, and other incidentals necessary to complete the work. 2.21. Pay Item #X-1 – Project Allowance for Paving Improvements: Projects of this type may require modifications to the contract and/or additional work which cannot be foreseen prior to construction. The cost for these modifications and/or additions will be reimbursed from this allowance if approved prior to performing the work. There is no guarantee that this allowance will be used at all. If used it may be used part or in whole at the OWNER’s discretion. A project allowance of $50,000.00 shall be given for any additional work associated with paving improvements. Additional work shall be determined by the Owner. This work excludes any work listed and quantified on the bid proposal or work associated to complete bid items. As approved by OWNER, CONTRACTOR will be given additional working days for additional quantities/work. 149 ` SECTION 6 TECHNICAL SPECIFICATIONS 150 CITY OF COPPELL PROJECT SIGN COPPELL. FRAME BILL BE Z”X4 STOCK SISN PANEL AT APPROX. 2’ ŒN7ERS 4) ALL PAINT TO BE "OUTDOOR WPE" s) coœca loco ïo ec PROVoED Bc wE ou COSTRACTOR: XIXX XXIXX XIIXIX (000) 000 0000 COMPLETJOS DATE: XXXXXX 2 151 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6199 File ID: Type: Status: 2022-6199 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 03/28/2022File Created: Final Action: Replace Mobile Lift ColumnsFile Name: Title: Consider award of a bid and approval to enter into a contract with ARI Phoenix; through Sourcewell contract #013020-ARP; for the replacement of existing heavy-duty mobile column lifts; in the amount of $68,918.21; budgeted in General Fund; and authorizing the City Manager to sign all necessary documents. Notes: Sponsors: Enactment Date: Vehicle Lift Replacement Memo.pdf, Vehicle Lift Replacement Quote.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 2022-6199 Title Consider award of a bid and approval to enter into a contract with ARI Phoenix; through Sourcewell contract #013020-ARP; for the replacement of existing heavy-duty mobile column lifts; in the amount of $68,918.21; budgeted in General Fund; and authorizing the City Manager to sign all necessary documents. Summary Fiscal Impact: The fiscal impact is $68,918.21 and is included in the General Fund budget. Staff Recommendation: Page 1City of Coppell, Texas Printed on 4/8/2022 152 Master Continued (2022-6199) The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 4/8/2022 153 1 MEMORANDUM To: Mayor and City Council From: Mark W. Brochtrup, CAFM, Fleet Services Manager Kent Collins, P.E., Director of Public Works Date: April 12, 2022 Reference: Vehicle Lift Replacement 2040: Foundation Pillar: Sustainable City Government Goal 3: Well-maintained City Infrastructure General Information: Replacement of Existing Heavy-Duty Mobile Column Lifts Necessary Equipment Used to Maintain Large & Heavy Vehicles Funding Budgeted in FY 2021-22 Operating Budget Sourcewell Cooperative Purchasing, Contract No. 013020-ARP Introduction: This agenda item is being presented to consider approval for the replacement of existing mobile vehicle lifts used in the maintenance and repair of the City’s vehicle fleet and authorizing the City Manager to sign all necessary documents. Analysis: The mobile column lifts are used specifically to raise large and heavy vehicles up to and including Ambulances and Fire Apparatus, allowing technicians the ability to work directly underneath the vehicle. The lifts were first introduced in 2008 and have reached the end of their useful lives. Replacement models will have a higher capacity and employ advanced wireless technology, deleting the cabling between each lift and offering a safer working environment for the technicians. A cooperative purchasing contract through Sourcewell (#013020-ARP) has been submitted by the vendor ARI-Phoenix. Fleet services intends to trade in the existing lifts for further discounts. Legal Review: This item was coordinated by the city’s purchasing division. 154 2 Fiscal Impact: The fiscal impact of this item is $68,918.21, as budgeted. Recommendation: The Public Works Department recommends approval of this item. 155 ARI PHOENIX, INC. 4119 Binion Way Lebanon, OH 45036 USA www.ari-hetra.com info@ari-hetra.com Toll Free: 800-562-3250 Phone: 513-229-3750 Fax: 703-359-6405 Sourcewell QUOTE Mar 23, 2022 10:23 AM Valid For: 30 Days Quote Number: ARI21994 Mark Brochtrup City of Coppell 816 S Coppell Road Coppell, TX 75019 United States Phone: 972-462-5175 Fax: Email: mbrochtrup@coppelltx.gov Dear Mark Brochtrup: Thank you for the opportunity to quote you prices on our ARI-HETRA equipment. Our products are designed specifically for Heavy Duty applications using technologies that provide ruggedness, quality and long term benefits to your operation. The pricing shown below is pursuant to our Sourcewell Contract Number 013020-ARP. Qty Product Details Price Total Discount Total 1 BPW-9-8-AJ Wireless, Battery Mobile Column Lift System, 8 Columns, 15 in. Forks, min 10.9" rim, Adjustable 520mm to 900mm Width Carriage. 16000 lbs. per Column, 128000 lbs. Total System. $ 95,197.90 $ 95,197.90 $ 14,279.69 $ 80,918.21 1 TRADE-IN Trade-In : credit towards purchase after ARI-Hetra service tech completes inspection of HDML-8x8's. $ -12,000.00 $ -12,000.00 $ 0.00 $ -12,000.00 Sub Total $ 68,918.21 Grand Total $ 68,918.21 Terms: 1% 10; Net 30 Taxes: State and local sale tax is collected, where applicable. Tax exempt certificates should be sent to forms@ari-hetra.com Shipping & Handling: FOB Destination - Freight Collect Lease/Purchase Available Issuance of Purchase Orders & Payments To: ARI-PHOENIX City of Coppell Shawn Sims ARI-PHOENIX To view our entire product catalog please visit www.ari-hetra.com/catalog Please send your purchase order referencing this quote number to: Orders@ari-hetra.com Be sure that your PO includes our correct name and address shown at the top of this quote Our Tax ID is 47-4503033 and we will provide a W-9 upon request. A credit card convenience fee will be charged on equipment orders over $2000, if you wish to pay by that method. 156 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6216 File ID: Type: Status: 2022-6216 Agenda Item Consent Agenda 1Version: Reference: In Control: Parks and Recreation 04/05/2022File Created: Final Action: CRDC OfficersFile Name: Title: Consider approval of Coppell Recreation Development Corporation appointment of officers. Notes: Sponsors: Enactment Date: 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 2022-6216 Title Consider approval of Coppell Recreation Development Corporation appointment of officers. Summary See attached memo. Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: The Parks and Recreation Department recommends approval. Strategic Pillar Icon: Foster an Inclusive Community Fabric Page 1City of Coppell, Texas Printed on 4/8/2022 157 Master Continued (2022-6216) Page 2City of Coppell, Texas Printed on 4/8/2022 158 1 MEMORANDUM To: Mayor and City Council From: Jessica Carpenter, Director of Parks and Recreation Date: April 12, 2022 Reference: Consider approval of Coppell Recreation Development Corporation appointment of officers 2040: Foster an Inclusive Community Fabric Introduction: Per Ordinance No. 2014-1399, the Coppell Recreation Development Corporation shall appoint, on an annual basis, the President and Vice President from its membership. On March 21, 2022, the CRDC Board nominated and unanimously approved the following members as officers: Thomas Dwyer – President Aaron Straach – Vice President There are no term limits for Officers called for in the Ordinance or within the Bylaws. 159 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6219 File ID: Type: Status: 2022-6219 Agenda Item Consent Agenda 3Version: Reference: In Control: City Council 04/06/2022File Created: Final Action: Smart City BoardFile Name: Title: Consider approval of accepting the resignation of Todd Storch from Smart City Board and appointing alternate member, Paula Waldron, to a regular member for the remainder of the unexpired term; and appointing Megan Forbes to an alternate member to fill the unexpired term. Notes: Sponsors: Enactment Date: Smart City Board Memo.pdf, Smart City Board Member Resignation.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 2022-6219 Title Consider approval of accepting the resignation of Todd Storch from Smart City Board and appointing alternate member, Paula Waldron, to a regular member for the remainder of the unexpired term; and appointing Megan Forbes to an alternate member to fill the unexpired term. Summary Fiscal Impact: There is no fiscal impact for this item. Staff Recommendation: Enterprise Solutions recommends approval of this item Page 1City of Coppell, Texas Printed on 4/8/2022 160 1 MEMORANDUM To: Mayor and City Council From: Jerod Anderson, Director of Enterprise Solutions Date: April 12, 2022 Reference: Consider approval of accepting the resignation of Todd Storch from Smart City Board and appointing alternate member, Paula Waldron, of said board to a regular member for the remainder of the unexpired term; and appointing Megan Forbes to an alternate member to fill the unexpired term. Introduction: Staff has received notice that Todd Storch is no longer able to serve on the Smart Board. Analysis: Staff recommends that his resignation be accepted. In addition, staff recommends that the vacant position be filled with an already appointed alternate Paula Waldron. She will take over the remaining term of the board position. Staff would like to also recommend filling the vacant alternate position with Megan Forbes from the original applicant pool. 161 From:Jerod Anderson To:Ashley Owens Subject:Fwd: Smart City Board - Resignation Date:Tuesday, March 8, 2022 4:52:03 PM See below. Jerod Anderson Director of Enterprise Solutions City of Coppell On Tuesday, March 8, 2022, 02:20:10 PM CST, K. Todd Storch <ktoddstorch@futurimedia.com> wrote: Hello Jerod, As we have spoken, my work now requires me to travel quite extensively. This is new since I recently joined the Board for the 2nd term. Based on a number of reasons (all good business wise) this has created a new challenge for me as a Board member and current Vice Chair. Since I won't be able to give 100% to what the City and Smart City Board requires and I demand of myself, it is best that I resign from this position. This isn't a small decision for me, as I care deeply for this work, our progress since inception and the new Board that has been brought on. Jerod, it has been a complete pleasure to work directly with you from the very beginning and I am very proud and confident we have built not only a great Smart City roadmap for the City of Coppell but have attracted and been able to grow the depth of our board members. We will be talking soon. All the best. K. Todd Storch Chief Revenue Officer M.214-215-3772 162 futurimedia.com 163 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6181 File ID: Type: Status: 2022-6181 Agenda Item Public Hearing 2Version: Reference: In Control: City Council 03/24/2022File Created: Final Action: PD-289R-C, CISD 9th Grade Campus Locker Room Building File Name: Title: PUBLIC HEARING: Consider approval of PD-289R-C, CISD 9th Grade Center Locker Room Building Addition, a zoning change request from PD-289-C to PD-289R-C (Planned Development-289 Revised- Commercial), to revise the Planned Development and approve a 2,800 square-foot locker room on 51.59 acres of land located on the southwest quadrant of Wrangler Drive and Crestside Drive at the request of Coppell Independent School District (C.I.S.D.) being represented Robert Howman of Glenn Engineering. Notes: Sponsors: Enactment Date: City Council Memo.pdf, PZ Staff Report.pdf, Overall Site Plan.pdf, Detail Site Plan.pdf, Demolition Plan.pdf, Elevations & Signage.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 2022-6181 Title PUBLIC HEARING: Consider approval of PD-289R-C, CISD 9th Grade Center Locker Room Building Addition, a zoning change request from PD-289-C to PD-289R-C (Planned Development-289 Revised- Commercial), to revise the Planned Development and approve a 2,800 square-foot locker room on 51.59 acres of land located on the southwest quadrant of Wrangler Drive and Crestside Drive at the request of Coppell Independent School District (C.I.S.D.) being represented Robert Howman of Glenn Engineering. Page 1City of Coppell, Texas Printed on 4/8/2022 164 Master Continued (2022-6181) Summary Fiscal Impact: None Staff Recommendation: The Planning and Zoning Commission recommended APPROVAL of the PD request subject to staff conditions listed above. Strategic Pillar Icon: Create Business and Innovation Nodes Page 2City of Coppell, Texas Printed on 4/8/2022 165 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: April 12, 2022 Reference: Public Hearing: Consider approval of PD-289R-C, CISD 9th Grade Center Locker Room Building Addition, a zoning change request from PD-289-C to PD-289R-C (Planned Development-289 Revised- Commercial), to revise the Planned Development and approve a 2,800 square-foot locker room on 51.59 acres of land located on the southwest quadrant of Wrangler Drive and Crestside Drive at the request of Coppell Independent School District (C.I.S.D.) being represented Robert Howman of Glenn Engineering. 2040: Create Business & Innovation Nodes Executive Summary: The Coppell Independent School District is requesting to update and revise the Detail Planned Development to reflect existing and proposed changes to the site. This application is seeking approval to construct a 2,800 square- foot new locker room to be used for the existing baseball and softball fields. Introduction: The property continues to evolve, and a new 2,800 square-foot locker room building is being proposed to be added to the site to accommodate the baseball and softball athletes. The building will also have storage space and a changeroom for referees. The building will be located close to the ballfield’s existing concession stand, maintenance building, and existing parking lot. There are no proposed changes in the parking area which contains 629 spaces and there are no landscaping changes proposed. As depicted on Elevation Sheet, the proposed locker room building is 18-feet 10-in height and will match the existing buildings on-site. Signage on the building will consist of the Coppell Cowboy star logo and “COPPELL ISD BASEBALL AND SOFTBALL COMPLEX, written in 18-inch cast aluminum letters, brushed stainless. Signage for the building will be approximately 67-sf. A sign permit will be required for the signage. Analysis: On March 17, 2022, the Planning and Zoning Commission unanimously recommended APPROVAL (7-0) of PD- 289R-C, subject to the following conditions: 1. The signage be approved as shown. 2. A sign permit will be required. Legal Review: N/A Fiscal Impact: None Recommendation: 166 2 The Planning and Zoning Commission recommended APPROVAL of the PD request subject to staff conditions listed above. Attachments: 1. PZ Staff Report 2. Overall Site Plan 3. Detail Site Plan 4. Demolition Plan 5. Elevation & Signage Plan 167 ITEM # 8 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-289R-C, Coppell 9th Grade Campus Locker Room Building P&Z HEARING DATE: March 17, 2022 C.C. HEARING DATE:April 12, 2022 STAFF REP.: Mary Paron-Boswell, Senior Planner LOCATION: 1301 Wrangler Circle SIZE OF AREA: 51.59 acres of property CURRENT ZONING: PD-289-C (Planned Development 289-Commercial) REQUEST: A zoning change request to PD-289R-C, (Planned Development-289-Revised - Commercial), to revise the Planned Development to allow for a 2,800 square-foot locker room. APPLICANT: Owner: Engineer: CISD Glenn Engineering Dennis Womack Robert Howman 200 S. Denton Tap 4500 Fuller Dr. #220 Coppell, Texas 75019 Irving, Texas 75038 (214) 496-6000 (972) 989-2174 dwomack@coppellisd.com rahowman@glennengineering.com HISTORY: In June 2001, Council approved a Site Plan to permit construction of a service center with bus/maintenance vehicle parking, several building additions, reconstruction of the concession building, and re-paving of the asphalt parking lot. In 2017, Council approved a Planned Development to convert the middle school to the Coppell 9th Grade Campus. HISTORIC COMMENT: There is no historic significance associated with this property. TRANSPORTATION: Wrangler Road is a C4U four-lane undivided roadway built within a 65-foot right- of-way (narrowing to 60 feet to the west). SURROUNDING LAND USE & ZONING: North – Office/Warehouse; LI (Light Industrial) South – Office/Warehouse; LI (Light Industrial) East – Office & Warehouse Uses; LI (Light Industrial) West – Office/Warehouse; LI (Light Industrial) 168 ITEM # 8 Page 2 of 2 COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, designates this area as Industrial Special District with school use noted. DISCUSSION: The Coppell Independent School District is requesting to update and revise the Detail Planned Development to reflect existing and proposed changes to the site. This application is seeking approval to construct a 2,800 square-foot new locker room to be used for the existing baseball and softball fields. The building will also have storage space and a changeroom for referees. The building will be located close to the ballfield’s existing concession stand, maintenance building, and existing parking lot. There will be some sidewalks added around the building, along the parking area and to the concession stand. There are no proposed changes in the parking area. There are 629 spaces currently on-site. There are no landscaping changes proposed. Elevations & Signage: As depicted on Elevation Sheet, the proposed locker room building is 18-feet 10-in height. The primary color of the building will be “Pink Ruby” split face with two horizontal lines in an “Austin Limestone” split face to match the existing buildings on-site. The roof will be a charcoal grey standing seam metal roof. Signage on the building will consist of the Coppell Cowboy star logo and “COPPELL ISD BASEBALL AND SOFTBALL COMPLEX, written in 18-inch cast aluminum letters, brushed stainless. Signage for the building will be approximately 67-sf. A sign permit will be required for the signage. Staff is recommending approval subject to the conditions outlined below. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions: 1. The signage be approved as shown. 2. A sign permit will be required. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Overall Site Plan 2. Detail Site Plan 3. Demolition Plan 4. Elevation & Signage Plan 169 BA S E B A L L 04 ST O R A G E 03 R R 02 A O F F I C I A L S02 RR04 A MDF05SO F T B A L L01RR01 A DNN 89°27'30" E 1232.11'S 89°22'30" W 1197.12'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXPARKING LOTW R A N G L E R D R I V EMAIL BOX SIGN HEAD WALLFOOTBALL FIELDE N T E R P R I S E D R I V E31.4'70.6'56.3'32.0'55.6'41.3'2.0'4.1'10.0'14.9'77.4'87.4'32.0'101.5'65.0'30.3'13.0'4.1'10.0'32.0'4.6'10.0'16.7'120.6'32.0'76.1'131.7'5.7'10.0'16.9'4.1'10.0'16.9'5.1'17.4'10.0'3.6'52.9'16.0'39.6'3.7'3.0'10.9'12.5'11.9'1.3' 191.0' 193.5' 20.5' 20.7' 42.0'11.3'20.0'15.9' 11.0'43.0'17.0'20.9'21.0'19.1'51.6'44.1' 41.8' 32.9'50.0'20.7'5.0'43.0'17.0'10.1'40.2'10.0'20.1' 6.8' 6.7'6.8'7.0'6.7'6.8'6.6' 39.2' 39.2'28.9'5.3'4.0'32.2'4.0'5.3'43.3'11.0'4.0'17.8'22.8'4.0' 9.5' 8.1'21.4'3.6' 3.6' 1.3'10.9'8.1'19.0'1.3'ONE STORY BRICKBLDG. - 4,335 SF3.0'ONE STORYBRICK BLDG.20'X 20'BRICK BLDG.ONE STORYBRICK BLDG.ONE STORYBRICK BLDG.PARKING(concrete)(concrete)PARKINGPARKING(concrete)(asphalt)S 00°12'30" E470.00'S 89°27'30" E35.00'REPLAT OF ALL OF LOT 3 AND LOT 1, BLOCK 7( 6 5' R. O. W. )PARK WEST COMMERCE CENTERVOLUME 94158 PAGE 1324LOT 3 BLOCK 7VOLUME 91002 PAGE 31PARK WEST COMMERCE CENTERC R E S T S I D E D R I V E ( 6 0' R. O. W. )CONNELL DEVELOPMENT CO.NORTH LAKE BUSINESS PARKVOLUME 85140 PAGE 1855CONNELL DEVELOPMENT CO.NORTH LAKE BUSINESS PARKVOLUME 87110 PAGE 1874CONC.HATTIE MAE LESLEYJAN. 24, 1938N 00°12'30" W 1864.44'465.0' 60.00'S 00°12'30" E EXISTINGBRICK BLDG.ONE STORYMATCH FLUSH TRANSFORMER SOFTBALL FIELDSOFTBALL PRACTICE170L. POLE43 BASEBALL PRACTICEL. POLE XXXBASEBALL FIELD108EVENT / SERVICE53L. POLE P. POLE L. POLE175192191155109156135174X42STUDENT PARKINGEXISTINGBATTING CAGEBATTING CAGEEXISTINGBATTING CAGEEXISTINGEXISTINGBATTING CAGECOMPETITIONCOMPETITION5213482812827LOW POINTPOINTHIGHCENTER PARKINGSTORAGE BLDG.EXISTING EXISTING 24' FIRE LANEEXISTING 24' FIRE LANE20.0'1114512468485 162163123 124199FOOTBALL FIELDEX. PRACTICEEXISTING55.6'41.3'175EXISTPONDEXISTINGEXISTINGEXISTINGFF 531.06EXISTINGEXISTINGEXISTINGEXISTINGEXIST.12.5'20.0'10.0'EXISTING17817911617262737384748516276,570 TOTAL SFEXISTING EDGE ASPHALTEX. CONCESSIONSSTORAGE BLDG.EX. MAINT. BLDG.W R A N G L E R C I R C L EEXISTINGACADEMIC BUILDING86,298 SFFF 530.50ONE STORY26' HT.FULLY SPRINKLED BUILDINGZONED "LIGHT INDUSTRIAL"ZONED "LIGHT INDUSTRIAL"RELOCATED24' FIRELANES 00°12'30" E 1397.70'S 89°22'30" W 1197.12'HEAD WALLREMOTE DOCKEX. FINE ARTSADDITIONFF 531.007813114132712127FF 531.52BUS PARKINGBUS PARKINGBUS PARKINGFF 531.03BAND HALL 2 EXISTING TENNIS COURTS 132109UGEUGESLIDING GATESLIDING GATEREFER 6/A2.0CARD READERCARD READERREFER 6/A2.02' CONCRETE STRIP2' WIDE CONCRETE STRIP-25' LONG (TYP)FINISH FLOOR ELEV = 530.50SERVICE CENTEREXISTING2047,700 S.F.2128341131434GATECONTROLLERPOST & PANEL SIGNREFER 1A/2.0FLAG POLEREFER 5/2.0HANDICAP PARKINGAND CIVIL DOCS FOR LOCATIONREFER 2/2.0 FOR SIGNAGEREFER 4A/2.0STOP SIGNREFER 4C/2.0DO NOT ENTER SIGNCONTROLLERGATEEXISTING 24' FIRE LANEEXISTING DROP OFF LANE26XFIRE HYDRANTP. POLEWATER VALVESWATER METERRELOCATEDEX. F.D.C.2 TENNIS COURTS ZONED "LIGHT INDUSTRIAL"ZONED "LIGHT INDUSTRIAL"ZONED "LIGHT INDUSTRIAL"ZONED"HIGHWAYCOMMERCIAL"ZONED "LIGHT INDUSTRIAL"ZONED "LIGHT INDUSTRIAL"ZONED "LIGHT INDUSTRIAL"ZONED "LIGHT INDUSTRIAL"TEMPORARYASPHALTFIRE LANE.TEMPORARYASPHALTROLL OVER CURBW/8° MAX. INCLINERELOCATEDEX. F.H.EX. F.H.EX. F.H.EX. F.H.EX. F.H.EXISTING10' CONCRETESIDEWALK.(TO REMAIN)EXISTINGCONCRETESIDEWALK.(TO REMAIN)EXISTINGCONCRETESIDEWALK.(TO REMAIN)50EXISTING ATHLETICSBUILDING41,819 SFFF 531.52TWO STORY36' HT.FULLY SPRINKLED BUILDING3,692 S.F.EXISTINGCAFETERIA BUILDING23,210 EX SFFF 531.00ONE STORY26' HT.FULLY SPRINKLED BUILDING1925EXISTING ATHLETICSBUILDING76,570 SFFF 531.52TWO STORY36' HT.FULLY SPRINKLED BUILDINGSTFF 531.5245.0'EXISTINGBAND HALLFF 530.41FF 530.82FF 530.66 BOTTOMDOOR FRAMEFF 530.90 BOTTOMWINDOW STORE FRONTSTEXISTINGSIDEWALKEXISTINGCONCESSIONSBUILDINGFF 532.251,620 SQUARE FEETEXISTINGSIDEWALK13.3'10.0'5.0'27.5'17.4' 13.0'59.1'27.0'XXXXX531 FF = 531.00FF=531.50EXISTING8" WATER LINE20.0'5.5'5.0'5.0'1.4'5.0'EXISTING2" SANITARY SEWERFORCE MAINEX. F.H.NEWLOCKER ROOMBUILDINGFF 531.502,800 SQUARE FEETEXISTINGCAFETERIAADDITIONFF 531.00EX.EXISTINGPARKING REQUIREMENTSPARKING TABULATIONS9TH GRADE CENTERBASEBALL / SOFTBALL COMPLEXSERVICE CENTERBUILDING SQUARE FOOTAGE 21391.00004500 FULLER DRIVE - SUITE 220 IRVING, TEXAS 75038FAX 972-717-2176PHONE 972-717-5151GLENNENGINEERINGT.B.P.E. FIRM REGISTRATION NO. F - 303ISSUESCORGAN401 N. Houston St.Dallas, TX 75202T: 214.748.2000F: 214.653.8281REVISIONSDATEJOBSHEET03.07.20220112/07/2021FOR:1023rd CITY SUBMISSION03/07/2022The seal appearing on thisdocument was authorized byMike Glenn, P.E. 35059, onMarch 7, 2022234567BASEBALL & SOFTBALL COMPLEXLOCKER ROOM BUILDING1301 WRANGLER CIRCLE, COPPELL, TX 75019COPPELL INDEPENDENT SCHOOL DISTRICT100% FOR CONSTRUCTION01/04/2022ADDENDUM #01BASEBALL /SOFTBALLCOMPLEX CIVIL ENGINEERGLENN ENGINEERINGIRVING, TEXAS 75038(972) 717 - 51514500 FULLER DRIVE, SUITE 220ARCHITECTCORGAN ASSOCIATES, INC.DALLAS, TEXAS 75202(214) 748 - 2000401 N. HOUSTON ST.OWNERCOPPELL ISDCOPPELL, TEXAS 75019(214) 469-6000200 S. DENTON TAP SITE DATA SUMMARY TABLEEXISTING ZONINGPD-289-CPROPOSED ZONINGPD-289R-CSPECIAL CONDITIONSUSEHIGH SCHOOL (9TH GRADE CENTER)LOT AREA 51.5871 ACRES OR 2,247,134 SFREQUIRED SETBACK FRONT YARD SETBACK 60'SIDE YARD SETBACK 30' STREETREAR YARD SETBACK 20' SETBACKBUILDING AREA (NEW TOTAL)EXISTING K9TH GRADE CENTER 186,809 SFEXISTING LESLIE FIELD CONCESSIONS 2,200 SFBB/SB CONECESSIONS 1,650 SFBB/SB AUX. BUILDINGS 1,661 SF EX. SERVIVCE CENTER 47,700 SF NEW LOCKER ROOM BUILDING 2,800 SFTOTAL BUILDING AREA 242,820 SFBUILDING COVERAGE (FAR)10.65%EXISTING BUILDING HEIGHT29'- 0" (1 STORY) "MEASURED TO PEAK"EX. KITCHEN ADDITION HEIGHT17'- 4" (1 STORY) "MEASURED TO PEAK"EX. FINE ARTS HEIGHT 28'- 0" (1 STORY) "MEASURED TO PEAK"EX. ATHLETICS BUILDING35'- 4" (1 STORY) "MEASURED TO PEAK"NEW LOCKER ROOM BUILDING 18'- 10" (1 STORY) "MEASURED TO PEAK"OVERALL SITEPLANC03.00Area OfWork50200100Scale: 1"=100'0NVICINITY MAPW EDennis Womack:dwomack@coppellisd.comErin Bossart:Erin.Bossart@corgan.comRobert Howman:rahowman@glennengineering.comBASEBALL & SOFTBALL COMPLEXLOCKER ROOM BUILDINGCOPPELL 9TH GRADE CENTERLOT 1, BLOCK A - 51.7285 ACRESAN ADDITION TO THE CITY OF COPPELL, DALLAS COUNTY, TEXASSITUATED IN THE CORDELIA BOWEN SURVEY - ABSTRACT NO. 56170 B A S E B A L L 0 4 S T O R A G E 0 3 R R 0 2 A O F F I C I A L S 0 2 R R 0 4 A M D F 0 5 S O F T B A L L 0 1 R R 0 1 A 5352ELEV. = 5 2 9. 5 0EXISTING 24' FIRE LANEEX. F.H.FF = 531.00FF=531.50STSTSTSTSTSTSTSTSTSTSTSTFDFDFDW Ex W Ex W Ex W 530531531530530531 53120.0'5.5'5.0'5.0'Ex W Ex W Ex W 531530530 5305305305305305305301.4'5.0'EXISTINGLIFT STATIONEXISTING 8' HIGH BASEBALLOUTFIELD CHAIN LINK FENCING.(TO REMAIN)EXISTINGBASEBALL 80'HLIGHT POLE(TO REMAIN)EXISTING 8' HIGH BASEBALLOUTFIELD CHAIN LINK FENCE.(TO REMAIN)EXISTINGBASEBALL 80'HLIGHT POLE(TO REMAIN)EXISTING2" IRRAGATI0N METERS( ONE TO BE CONVERTEDTO DOMESTIC USE)EXISTING8'H CHAIN LINK FENCE.(TO REMAIN)EXISTING2" DOM. METERFOREX. CONN.BUILDINGEXISTINGINLET.(TO REMAIN)NEW 8' HIGH CHAIN LINKFENCE TO MATCH EXIST.NEW 8' HIGH CHAIN LINKFENCE TO MATCH EXIST.NEW SIDEWALKNEW SIDEWALKSOD ALL DISTURBED AREASSOD ALLDISTURBED AREASSOD ALLDISTURBED AREASSOD ALLDISTURBED AREASCAP AND REPAIR EX. SPRINKLER SYSTEMCAP AND REPAIREX. SPRINKLER SYSTEMCAP AND REPAIREX. SPRINKLER SYSTEMCAP AND REPAIREX. SPRINKLER SYSTEMSTSTST ST FIELD CONNECT TO EXISTING 8"WATER MAIN AND RELOCATEAROUND NEW CONN BUILDING.INSTALL:4 - 45° BENDS40 LF 8" C900 - CLASS 200 WATER LINENEWLOCKER ROOMBUILDINGFF 531.502,800 SQUARE FEETNEW SIDEWALK21391.00004500 FULLER DRIVE - SUITE 220 IRVING, TEXAS 75038FAX 972-717-2176PHONE 972-717-5151GLENNENGINEERINGT.B.P.E. FIRM REGISTRATION NO. F - 303ISSUESCORGAN401 N. Houston St.Dallas, TX 75202T: 214.748.2000F: 214.653.8281REVISIONSDATEJOBSHEET03.07.20220112/07/2021FOR:1023rd CITY SUBMISSION03/07/2022The seal appearing on thisdocument was authorized byMike Glenn, P.E. 35059, onMarch 7, 2022234567BASEBALL & SOFTBALL COMPLEXLOCKER ROOM BUILDING1301 WRANGLER CIRCLE, COPPELL, TX 75019COPPELL INDEPENDENT SCHOOL DISTRICT100% FOR CONSTRUCTION01/04/2022ADDENDUM #01DETAILED SITEPLANC03.01NOTE:Contractor shall remove all sprinkler heads and equipment in the areas occupied by the construction and staging areas. Terminate/cap off all lines as required. All sprinkler heads and equipment shall be given to the owner. The contractor is responsible for making all necessary changes to the irrigation system that are required to keep the remaining areas outside the construction areas in working order. This includes relocation of any valves, piping, controls, etc., to operate the system.At the completion of the construction project, this contractor is responsible for installation of an irrigation system throughout the areas that were involved in the construction. Equipment installed shall be the same as that which was removed. Owner will provide the equipment that was removed back to the contractor. Any additional equipment required will be by the contractor.Scale: 1"=10'502010NPRIOR TO ANY CONSTRUCTION THE CONTRACTOR SHALL FAMILIARIZE HIMSELF WITH THECONTRACT DOCUMENTS AND SPECIFICATIONS, THE PLANS INCLUDING ALL NOTES, THECIFICATIONS RELEVANT TO THE PROPER COMPLETION OF THE WORK SPECIFIED. FAILUREON THE PART OF THE CONTRACTOR TO FAMILIARIZE HIMSELF WITH ALL STANDARDS ORTRACTOR OF RESPONSIBILITY FOR PERFORMING THE WORK IN ACCORDANCE WITH ALLSUCH APPLICABLE STANDARDS AND SPECIFICATIONS.1.CONTRACTOR SHALL HAVE IN HIS POSSESSION, PRIOR TO CONSTRUCTION, ALL NECESS-ARY PERMITS, LICENSES, ETC. CONTRACTOR SHALL HAVE AT LEAST ONE SET OF APPRO-2.ALL WORK SHALL CONFORM TO THE CITY OF COPPELL SPECIFICATIONS, STANDARDSAND DETAILS.IF UNFORESEEN PROBLEMS OR CONFLICTS ARE ENCOUNTERED IN THE CONSTRUCTION,FOR WHICH AN IMMEDIATE SOLUTION IS NOT APPARENT, THE ENGINEER AND OWNER4.CITY OF COPPELL SPECIFICATIONS AND ANY OTHER APPLICABLE STANDARDS OR SPE-3.OR SPECIFICATIONS PERTAINING TO THIS WORK SHALL IN NO WAY RELIEVE THE CON-VED ENGINEERING PLANS AND SPECIFICATIONS ON-SITE AT ALL TIMES.SHALL BE NOTIFIED IMMEDIATELY.UTILITY COMPANIES FOR LINE LOCATIONS, PRIOR TO COMMENCEMENT OF CONSTRUC-5.BLIC AND PRIVATE UTILITIES THROUGHOUT THE CONSTRUCTION OF THIS PROJECT. CON-IT WILL BE THE RESPONSIBILITY OF EACH CONTRACTOR TO PROTECT ALL EXISTING PU-TION AND SHALL ASSUME FULL LIABILITY TO THOSE COMPANIES FOR ANY DAMAGESCAUSED TO THEIR FACILITIES.CONTRACTORS SHALL BE RESPONSIBLE FOR FIELD LOCATING EXISTING UTILITIES ANDIMPROVEMENTS PRIOR TO CONSTRUCTION.6.7.CONTRACTOR SHALL SUBMIT DESIGN TO THE CITY OF LEWISVILLE ENGINEERING DE-TRENCH SAFETY DESIGN WILL BE THE RESPONSIBILITY OF THE UTILITY CONTRACTOR.PARTMENT FOR REVIEW.8.WITH THE LIGHTING AND GLARE REGULATIONS AS SPECIFIED BY THE CITY OF COPPELLTHE PROPOSED LIGHTING FOR THE SUBJECT PROPERTY SHALL BE IN CONFORMANCECODE OF ORDINANCES.THE SITE SHALL CONFORM TO THE CITY OF COPPELL STORM WATER MANAGEMENTORDINANCE AND T.C.E.Q..13.14.TO MEET OR EXCEED EXISTING CONDITIONS.ANY PAVEMENT DAMAGED DURING CONSTRUCTION SHALL BE REPLACED BY CONTRACTORGENERAL NOTES11111115.NO TREES SHALL BE REMOVED. NO NEW LANDSCAPING PROPOSED.16.ALL SIGNAGE AS SHOWN.171 36.0'18.0'24.0'381.4'EXISTING 24' FIRE LANER30.0'R30.0'EX. CONCESSIONSFF = 531.00EXISTING8" WATER LINEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGE UGEUGEUGEUGEUGEUGEUGEUGEUGE UGE UGEUGEUGEUGEUGEUGEUGEUGEW Ex W Ex W Ex WUGEUGE UGEUGEUGEUGEUGEUGEUGEUGEUGEUGE530531531530530531 531Ex W Ex W Ex W 531530530 530530530530530530530REMOVE AND RELOCATE EX.ELECTRICAL FOR BASEBALLLIGHTING. OUTSIDE NEW BUILDINGFOOTPRINT.REMOVE AND RELOCATE EXISTING8" WATER LINE AROUND NEWCONSTRUCTION.SAW CUT REMOVE AND REPLACEEXISTING CONCRETE SIDEWALK FOR8" WATER LINE RELOCATION.REMOVE AND RELOCATE EXISTING 8'HIGH CHAINLIKE FENCING, POSTSAND PIERS.5.0'EXISTINGLIFT STATIONEXISTING 8' HIGH BASEBALLOUTFIELD CHAIN LINK FENCING.(TO REMAIN)EXISTINGBASEBALL 80'HLIGHT POLE(TO REMAIN)EXISTING 8' HIGH BASEBALLOUTFIELD CHAIN LINK FENCE.(TO REMAIN)EXISTINGBASEBALL 80'HLIGHT POLE(TO REMAIN)EXISTING2" IRRAGATI0N METERS( ONE TO BE CONVERTEDTO DOMESTIC USE)EXISTING8'H CHAIN LINK FENCE.(TO REMAIN)EXISTING2" DOM. METERFOREX. CONN.BUILDINGEXISTINGINLET.(TO REMAIN)EXISTING2" SANITARY SEWERFORCE MAIN21391.00004500 FULLER DRIVE - SUITE 220 IRVING, TEXAS 75038FAX 972-717-2176PHONE 972-717-5151GLENNENGINEERINGT.B.P.E. FIRM REGISTRATION NO. F - 303ISSUESCORGAN401 N. Houston St.Dallas, TX 75202T: 214.748.2000F: 214.653.8281REVISIONSDATEJOBSHEET03.07.20220112/07/2021FOR:1023rd CITY SUBMISSION03/07/2022The seal appearing on thisdocument was authorized byMike Glenn, P.E. 35059, onMarch 7, 2022234567BASEBALL & SOFTBALL COMPLEXLOCKER ROOM BUILDING1301 WRANGLER CIRCLE, COPPELL, TX 75019COPPELL INDEPENDENT SCHOOL DISTRICT100% FOR CONSTRUCTION01/04/2022ADDENDUM #01DEMOLITIONPLANC02.00NOTE:Contractor shall remove all sprinkler heads and equipment in the areas occupied by the construction and staging areas. Terminate/cap off all lines as required. All sprinkler heads and equipment shall be given to the owner. The contractor is responsible for making all necessary changes to the irrigation system that are required to keep the remaining areas outside the construction areas in working order. This includes relocation of any valves, piping, controls, etc., to operate the system.At the completion of the construction project, this contractor is responsible for installation of an irrigation system throughout the areas that were involved in the construction. Equipment installed shall be the same as that which was removed. Owner will provide the equipment that was removed back to the contractor. Any additional equipment required will be by the contractor.PER CITY OF COPPELL STANDARDSCONTRACTOR SHALL VERIFY ALL EXISTING INVERTS ANDELEVATIONS PRIOR TO CONSTRUCTION.DEMOLITION NOTES:ALL CONSTRUCTION SHALL BEDEMOLITION LEGEND:Scale: 1"=10'502010N172 18" CAST ALUMINUM LETTERS, BRUSHED STAINLESS COLOR 15" CAST ALUMINUM LETTERS, BRUSHED STAINLESS COLOR 13' - 7 1/4"1' - 3"8 7/8"1' - 3"7 3/8"1' - 6"22' - 3 1/4" 8' - 5 3/8"12' - 6 7/8"CISD LOGO SIGNAGE SIGNAGE AREA = 67 SF TOTAL CMU-1 STANDING SEAM METAL ROOF, CHARCOAL GRAY CMU-2 HI / LO DRINKING FOUNTAINS18' - 10"87' - 4" 32' - 0"11' - 0 5/8"CMU-1 STANDING SEAM METAL ROOF, CHARCOAL GRAY 18' - 10"CMU-2 87' - 4" DATE JOB SHEET ISSUES Date of issue: REVISIONS for3/4/2022 8:40:29 AMA00-00 COLOR ELEVATIONSBASEBALL & SOFTBALL COMPLEXLOCKER ROOM BUILDING02/10/22 21391.0000 12/07/2021 A00-00COLOR ELEVATIONS1301 WRANGLER CIRCLE, COPPELL, TX 75019www.corgan.com T: 214.748.2000 2 1 12/07/2021 ISSUE FOR CONSTRUCTION 3 4 5 6 7 8 9 10 COPPELL INDEPENDENT SCHOOL DISTRICT1/4" = 1'-0"01 BUILDING OVERALL ELEVATION - NORTH 1/4" = 1'-0"02 OVERALL BUILDING ELEVATION - EAST 1/4" = 1'-0"03 BUILDING OVERALL ELEVATION - SOUTH 1/4" = 1'-0"04 OVERALL BUILDING ELEVATION - WEST EXTERIOR MATERIALS KEY Finish Code Description Manufacturer Color CMU-1 4" THICK DECORATIVE CMU BLACKSON ARCHITECTURAL CMU #180 PINK RUBY SPLIT FACE CMU-2 4" THICK DECORATIVE CMU BLACKSON ARCHITECTURAL CMU #110 AUSTIN LIMESTONE SPLIT FACE 4'-9 3/4"4'-6"173 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6182 File ID: Type: Status: 2022-6182 Agenda Item Public Hearing 2Version: Reference: In Control: City Council 03/17/2022File Created: Final Action: Pecan Valley, Lot 5, Block A ZoningFile Name: Title: PUBLIC HEARING: Consider approval of a zoning change to PD-113R-SF-9 (Planned Development-113 Revised-Single Family-9), to allow for an 18-foot, 8-inch rear yard setback for a building addition to support special accommodations for a disabled resident on 8,400 square feet of property located 416 Pecan Hollow Drive, at the request of Ed Guifarro representing Dr. John Ibekwe. Notes: Sponsors: Enactment Date: City Council Memo.pdf, Staff Report.pdf, Site Plan.pdf, Existing & Proposed Floor Plan.pdf, Elevations.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 2022-6182 Title PUBLIC HEARING: Consider approval of a zoning change to PD-113R-SF-9 (Planned Development-113 Revised-Single Family-9), to allow for an 18-foot, 8-inch rear yard setback for a building addition to support special accommodations for a disabled resident on 8,400 square feet of property located 416 Pecan Hollow Drive, at the request of Ed Guifarro representing Dr. John Ibekwe. Summary Fiscal Impact: None Page 1City of Coppell, Texas Printed on 4/8/2022 174 Master Continued (2022-6182) Staff Recommendation: The Planning and Zoning Commission recommended approval of the PD request. Strategic Pillar Icon: Enhance the Unique 'Community Oasis' Experience Page 2City of Coppell, Texas Printed on 4/8/2022 175 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: April 12, 2022 Reference: Public Hearing: Consider approval of a zoning change to PD-113R-SF-9 (Planned Development-113 Revised-Single Family-9), to allow for an 18-foot, 8-inch rear yard setback for a building addition to support special accommodations for a disabled resident on 8,400 square feet of property located 416 Pecan Hollow Drive, at the request of Ed Guifarro representing Dr. John Ibekwe. 2040: Enhance the Unique “Community Oasis” Experience Executive Summary: This request is to revise the rear yard setback requirement from 20’ to 18’ 8” for a proposed building addition. Introduction: This is a request to revise the rear yard setback from the required 20 feet to 18 feet, 8 inches, for the conversion of the existing garage into living accommodations for a resident with special needs. A new, slightly wider garage is proposed to be added to accommodate the specialized vehicle for the resident. This type of addition would typically go through the permitting process without the need for a zoning action, but because this encroaches into the 20-foot rear yard setback, it requires an amendment to the Planned Development District. Staff has worked with the applicant to amend the original setback request from 16 feet to 18 feet, 8 inches, to allow enough room for a car to park in the driveway. The garage addition has also been increased in width from 20’ with the original submittal to 25’ to better serve the accessibility needs. After the P&Z Meeting, the building permit was reviewed. The permit shows an additional cooktop in the renovated space. This typically would not be allowed, because, in combination with a bedroom and bathroom, this would technically be another dwelling unit on a single-family property. Because the addition of a second cooktop is an accommodation for special needs of the occupant, staff is supportive of the request and has added a condition to the recommendation. Analysis: On March 17, 2022, the Planning and Zoning Commission recommended APPROVAL (7-0) of PD- 113R-SF-9, subject to the following condition: 1. Additional comments may be generated upon detail building permit reviews. 176 2 Legal Review: The City Attorney reviewed the case. Fiscal Impact: None Recommendation: The Planning and Zoning Commission recommended APPROVAL of the PD request. Staff recommends approval subject to the following conditions: 1. Additional comments may be generated upon detail building permit reviews. 2. The addition of a second cooktop is an accommodation for special needs of the occupant. If the occupant ceases to live in the home, then the cooktop shall be removed. Attachments: 1. Staff Report 2. Site Plan 3. Existing and Proposed Floor Plan 4. Elevations 177 ITEM # 6 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT PD-113R-SF-9, Pecan Valley Addition, Lot 5, Block A P&Z HEARING DATE: March 17, 2022 C.C. HEARING DATE: April 12, 2022 STAFF REP.: Matthew Steer, AICP, Development Services Administrator LOCATION: 416 Pecan Hollow Drive SIZE OF AREA: 8,400 square feet of property CURRENT ZONING: PD-113-SF-9 (Planned Development-113-Single Family-9) REQUEST: A zoning change to PD-113R-SF-9 (Planned Development-113 Revised-Single Family-9), to allow for a 18-foot rear yard setback for a building addition to support special accommodations for a disabled resident on 8,400 square feet of property. APPLICANT: Owner: Representative: Dr. John Ibekwe Ed Guifarro 416 Pecan Hollow Drive Brilliant Home Works Coppell, Texas 75019 539 Commerce Street Phone: 214-971-5102 Dallas, Texas 75208 Email: jibekwe@gmail.com Phone: 214-808-6126 Email: info@brillianthomeworks.com HISTORY: The property is zoned PD-113-SF-9. The zoning was approved in September 1990 and Preliminary Plat approved in December 1990 for the Pecan Valley Addition. HISTORIC SIGNIFICANCE: This property does not have any historic significance. TRANSPORTATION: Pecan Hollow is a 28-foot local road built to standard within a 50-foot right-of-way. SURROUNDING LAND USE & ZONING: North – single family residential; PD-144-TH-2 (Planned Development–144- Townhouse-2) South – single family residential; PD-113-SF-9 (Planned Development-113-Single Family–9) East – single family residential; PD-113-SF-9 (Planned Development-113-Single Family–9) West – single family residential; PD-113-SF-9 (Planned Development-113-Single Family–9) COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, shows this property as suitable for Residential Neighborhood uses. 178 ITEM # 6 Page 2 of 2 DISCUSSION: This is a request to revise the rear yard setback from the required 20 feet to 18 feet, 8 inches, for the conversion of the existing garage into living accommodations for a resident with special needs. A new, slightly wider garage is proposed to be added to accommodate the specialized vehicle for the resident. This type of addition would typically go through the permitting process without the need for a zoning action, but because this encroaches into the 20-foot rear yard setback, it requires an amendment to the Planned Development District. Staff has worked with the applicant to amend the original setback request from 16 feet to 18 feet, 8 inches, to allow enough room for a car to park in the driveway. The garage addition has also been increased in width from 20’ with the original submittal to 25’ to better serve the accessibility needs. Staff is supportive of the change and can recommend approval. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request with no outstanding conditions. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Site Plan 2. Existing and Proposed Floor Plan 3. Elevations 179 416 PECAN HOLLOW DR. EXISTING DRIVE APPROACH 5' REAR SETBACK 25' FRONT SETBACK 70.00' PROPERTY LINE CONCRETE DRIVEWAY 120.00' PROPERTY LINE120.00' PROPERTY LINELOT 5 LOT 4 LOT 6 5' SIDE SETBACK5' T.D. EASEMENT70.00' PROPERTY LINE 20' ALLEY GRASS GRASS 26'-1"7'-1"18'-8"36'-1"41'-11"24'-2" 9'-2"57'-8"7'-1"18'-8"EXISTING AREA 2,545 Sq/Ft VICINITY PLAN FOR REFERENCE ONLINE SQUARE FOOTAGE LOT SIZE TOTAL COVERED AREA % COVERAGE 8,400 SQ FT 3,683 SQ FT 43 % EXISTING LIVING AREA 2,545 SQ FT LEGAL DESCRIPTION: 1. PECAN VALLEY 2. BLK A LT 5 487 SQ FTADDITION AREA CONCRETE OR ASPHALT GRASS TREE PROPERTY LINE BUILDING LINE UTILITY 4' WALKWAY DUE TO THE VARIANCE IN GEOGRAPHIC LOCATIONS, DESIGNER WILL NOT ASSUME LIABILITY FOR ANY DAMAGES DUE TO ERRORS, OMISSIONS, OR DEFICIENCIES ON THESE PLANS. OWNER/BUILDER MUST COMPLY WITH LOCAL BUILDING CODES PRIOR TO COMMENCEMENT OF CONSTRUCTION. BUYER IS ENTITLED TO RENOVATE/REPLACE THE MEP DESIGN IF DESIRED. ANY COPYING, TRACING, OR ALTERING OF THESE PLANS IS NOT PERMITTED. VIOLATORS WILL BE SUBJECT TO PROSECUTION UNDER COPYRIGHT LAWS. CREATIVO DESIGNS USA IS A COMPANY OF LCHICO ENTERPRISES, LLC Copyright 2021 416 PECAN HOLLOW DR. COPPELL, TX 75019ADDRESS: SCOPE OF WORK: SCALE: DATE: SQ FT: PLAN: 03/11/2022 DRAWING No. OF DRAWN:VTC REMODEL INTERIOR & ADDITION 43,683 1 1 TO 20 SITE PLAN 180 W HUP TO 2ND FLOOR11'-2"4'-6"20' 53'-9"22'4'4'-2"3'4'-10"16'-11"58'-9"15'-2"2'-8"10'-3"4'-1"16'-9" 53'-9"33'-7"51'-1"14'-11"14'-2" 135° 135°3'-2"NEW SPACE ACCORDING TO THE NEW LAYOUT NEW SPACE ACCORDING TO THE NEW LAYOUT NEW SPACE ACCORDING TO THE NEW LAYOUT REMOVE WALL REMOVE DOOR ADDITION AREA REMOVE DOOR EXISTING AREA (NO REMODEL) 5" INTERIOR WALL 4 12" WALL BEARING 5" WALL BRICK DUE TO THE VARIANCE IN GEOGRAPHIC LOCATIONS, DESIGNER WILL NOT ASSUME LIABILITY FOR ANY DAMAGES DUE TO ERRORS, OMISSIONS, OR DEFICIENCIES ON THESE PLANS. OWNER/BUILDER MUST COMPLY WITH LOCAL BUILDING CODES PRIOR TO COMMENCEMENT OF CONSTRUCTION. BUYER IS ENTITLED TO RENOVATE/REPLACE THE MEP DESIGN IF DESIRED. ANY COPYING, TRACING, OR ALTERING OF THESE PLANS IS NOT PERMITTED. VIOLATORS WILL BE SUBJECT TO PROSECUTION UNDER COPYRIGHT LAWS. CREATIVO DESIGNS USA IS A COMPANY OF LCHICO ENTERPRISES, LLC Copyright 2021 416 PECAN HOLLOW DR. COPPELL, TX 75019ADDRESS: SCOPE OF WORK: SCALE: DATE: SQ FT: PLAN: 03/11/2022 DRAWING No. OF DRAWN:VTC REMODEL INTERIOR & ADDITION 43,683 2 EXG. & DEMO FLOOR PLAN EXG.1ST STORY FLOOR PLAN SCALE: 3/32"=1'-0" 3/32"=1'-0" DEMO FLOOR PLAN SCALE: 3/32"=1'-0" 181 W H(LEVEL THE HEIGHT OF THE FLOOR TO THAT OF THE EXISTING INTERIOR FLOOR OF THE HOUSE) Ø4' 15'-2"2'-8"10'-3"4'-1"16'-9" 53'-9"13'-2"4'4'-2"3'4'-10"16'-11"75'-3"6'18'-6"33'-7"74'-4"9'-8"3'-5"18'-6"4'-5"6'-9"4'-4"4'-10"6'-2"3'-6"9'-7"3'-2"5'-6"1'-6"4'-6"3'6'-7"3'-8"5'-6"2'-6"7'-5"7'6'-7"11'-9"3'-5"13'-5"12'-10"3'-2"11'25' 53'-9" 14'-2" 7'-1"135°5' 135° 135°4'-7"6'2'-2" 2'-4"UP TO 2ND FLOORENTERTAINMENTCENTERENTERTAINMENTCENTEROPENING4068OPENING 4068 OPENING3068 OPENING3068 MICROWAVE1'-0" x 3'-0" 2 S.H. WINDOW SCHEDULE 3'-0" x 5'-0" SIZETAG DESC.QTY. S.H.= SINGLE HUNG FX = FIXED (*)= BEDROOM WINDOW S.H. 2'-0" x 3'-0"S.H.2 2 2'-8" x 6'-8"H.D. H.D.SSW 3'-0" x 6'-8"H.D.H.C. H.D.= HINGED DOOR SL = SLIDING SSW SSW = SINGLE SWING FD = FRENCH DOOR PL = PLYABLE H.C.= HOLLOW CORE S.C.= SOLID CORE W&G = WOOD AND GLASS V&G = VINYL AND GLASS M.H. = METALLIC HERMETIC M&G = METALLIC AND GLASS ME = METALLIC SIZETAG FUNC. DESC.CORE QTY. DOOR SCHEDULE 3'-0" x 6'-8" 2'-6" x 6'-8" H.D.2 H.C.SSW 2 H.C. 1 H.C. PL 1 5" INTERIOR WALL 4 12" WALL BEARING 5" WALL BRICK EXISTING AREA (NO REMODEL) DUE TO THE VARIANCE IN GEOGRAPHIC LOCATIONS, DESIGNER WILL NOT ASSUME LIABILITY FOR ANY DAMAGES DUE TO ERRORS, OMISSIONS, OR DEFICIENCIES ON THESE PLANS. OWNER/BUILDER MUST COMPLY WITH LOCAL BUILDING CODES PRIOR TO COMMENCEMENT OF CONSTRUCTION. BUYER IS ENTITLED TO RENOVATE/REPLACE THE MEP DESIGN IF DESIRED. ANY COPYING, TRACING, OR ALTERING OF THESE PLANS IS NOT PERMITTED. VIOLATORS WILL BE SUBJECT TO PROSECUTION UNDER COPYRIGHT LAWS. CREATIVO DESIGNS USA IS A COMPANY OF LCHICO ENTERPRISES, LLC Copyright 2021 416 PECAN HOLLOW DR. COPPELL, TX 75019ADDRESS: SCOPE OF WORK: SCALE: DATE: SQ FT: PLAN: 03/11/2022 DRAWING No. OF DRAWN:VTC REMODEL INTERIOR & ADDITION 43,683 3 PROP. FLOOR PLAN PROP. 1ST STORY FLOOR PLAN SCALE: 3/32"=1'-0" 3/32"=1'-0" 182 9'10'20'22'-7"28'-10"FLOOR LINE +/- 00.00' FIRST TOP PLATE + 9.00' SECOND FLOOR + 10.00' FINISH ROOF LINE + 28.83' SECOND TOP PLATE + 20.00' FIRST ROOF LINE + 22.58' 12 8 12 8 12 8 12 8 EXISTING COMPOSITION SHINGLE ROOF. EXISTING COMPOSITION SHINGLE ROOF EXISTING BRICK EXISTING SIDING EXISTING BRICK EXISTING BRICK EXISTING COMPOSITION SHINGLE ROOF. EXISTING COMPOSITION SHINGLE ROOF. FLOOR LINE +/- 00.00' FIRST TOP PLATE + 9.00' NEW ROOF LINE + 18.41'9'18'-5"12 8 12 8 12 8 12 8 12 8 ADDITION WINDOW ADDITION AREA (ROOF-EXTEND BED-BATHROOM & GARAGE) EXISTING SIDING ROOF: ENERGY STAR COMPOSITION SHINGLES OR RADIANT BARRIER. EXISTING COMPOSITION SHINGLE ROOF. PROPOSED BRICK FLOOR LINE +/- 00.00' FIRST TOP PLATE + 9.00' NEW ROOF LINE + 18.41'18'-5"9'9'-5"12 8 12 8 12 8 12 8 EXISTING COMPOSITION SHINGLE ROOF. EXISTING COMPOSITION SHINGLE ROOF. ROOF: ENERGY STAR COMPOSITION SHINGLES OR RADIANT BARRIER. EXISTING COMPOSITION SHINGLE ROOF. EXISTING COMPOSITION SHINGLE ROOF. PROP. BRICK EXISTING BRICK EXISTING BRICK ADDITION AREA (ROOF-EXTEND BED-BATHROOM & GARAGE) FLOOR LINE +/- 00.00' FIRST TOP PLATE + 9.00' NEW ROOF LINE + 18.41'18'-5"9'9'-5"12 8 12 8 12 8 12 8 EXISTING COMPOSITION SHINGLE ROOF. EXISTING COMPOSITION SHINGLE ROOF. EXISTING BRICK EXISTING BRICK PROP. BRICK ROOF: ENERGY STAR COMPOSITION SHINGLES OR RADIANT BARRIER. ADDITION AREA (ROOF-EXTEND BED-BATHROOM & GARAGE) DUE TO THE VARIANCE IN GEOGRAPHIC LOCATIONS, DESIGNER WILL NOT ASSUME LIABILITY FOR ANY DAMAGES DUE TO ERRORS, OMISSIONS, OR DEFICIENCIES ON THESE PLANS. OWNER/BUILDER MUST COMPLY WITH LOCAL BUILDING CODES PRIOR TO COMMENCEMENT OF CONSTRUCTION. BUYER IS ENTITLED TO RENOVATE/REPLACE THE MEP DESIGN IF DESIRED. ANY COPYING, TRACING, OR ALTERING OF THESE PLANS IS NOT PERMITTED. VIOLATORS WILL BE SUBJECT TO PROSECUTION UNDER COPYRIGHT LAWS. CREATIVO DESIGNS USA IS A COMPANY OF LCHICO ENTERPRISES, LLC Copyright 2021 416 PECAN HOLLOW DR. COPPELL, TX 75019ADDRESS: SCOPE OF WORK: SCALE: DATE: SQ FT: PLAN: 03/11/2022 DRAWING No. OF DRAWN:VTC REMODEL INTERIOR & ADDITION 43,683 4 ELEVATIONS PLAN FRONT ELEVATION PLAN SCALE: 3/32"=1'-0" 3/32"=1'-0" REAR ELEVATION PLAN SCALE: 3/32"=1'-0" RIGHT ELEVATION PLAN SCALE: 3/32"=1'-0" LEFT ELEVATION PLAN SCALE: 3/32"=1'-0" 183 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6215 File ID: Type: Status: 2022-6215 Agenda Item Public Hearing 1Version: Reference: In Control: Parks and Recreation 04/05/2022File Created: Final Action: Camp Standards of CareFile Name: Title: PUBLIC HEARING: Consider approval of an Ordinance of the City of Coppell, Texas, readopting, ratifying, republishing and extending Chapter 9 of the Code of Ordinances, Article 9-19, Youth Camp Programs Standards of Care; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Standards of Care.pdf, Ordinance.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 2022-6215 Title PUBLIC HEARING: Consider approval of an Ordinance of the City of Coppell, Texas, readopting, ratifying, republishing and extending Chapter 9 of the Code of Ordinances, Article 9-19, Youth Camp Programs Standards of Care; and authorizing the Mayor to sign. Summary See attached memo. Fiscal Impact: [Enter Fiscal Impact Statement Here] Page 1City of Coppell, Texas Printed on 4/8/2022 184 Master Continued (2022-6215) Staff Recommendation: The Parks and Recreation Department recommends approval. Strategic Pillar Icon: Foster an Inclusive Community Fabric Page 2City of Coppell, Texas Printed on 4/8/2022 185 1 MEMORANDUM To: Mayor and City Council From: Valencia Gilbert, Recreation Coordinator Via: Jessica Carpenter, Director of Parks and Recreation Date: April 12, 2022 Reference: Consider approval of an ordinance of the City of Coppell, Texas, readopting, ratifying, republishing and extending Chapter 9 of the Code of Ordinances, Article 9-19, Youth Camp Programs Standards of Care; and authorizing the Mayor to sign. 2040: Foundation: Sustainable Government Pillar 2: Foster an Inclusive Community Fabric Introduction: This item is submitted annually to the City Council so that guidelines for state exemption of day care licensing can be applied for all youth camp programs offered by the Parks and Recreation Department. These camps include Camp Do-It-All, and all those offered at the Recreation Center in the summer and any individual holiday camps that are scheduled throughout the school year. Analysis: The youth camps offered by the City of Coppell are exempt from licensure as observed in the Texas Administrative Code Title 40 Chapter 745.115(3) of the Texas Department of State Health Services (DSHS). This is applicable because our programs are operated by a municipality, are recreation programs for children ages 5 through 13, and because they meet the following criteria: • The Standards of Care for the program are annually adopted by ordinance. • The Standards of Care include staffing ratios and qualifications, facility health and safety standards, and monitoring and enforcement provisions. • The Standards of Care are provided to the parents of each program participant. • The parents of each program participant are informed that the program is not licensed by the state. • The program is not advertised as childcare. 186 2 As parents register their children for Coppell camps, they are provided a copy of the Standards of Care, as listed in the requirements. Along with the standards they are also provided information on camp hours of operation, rules, attire, activities and field trips, and all other information parents need for camp to be successful for their child. These Standards of Care are closely monitored by the Recreation Coordinator, CORE Manager and the Assistant Director of Parks and Recreation. Legal Review: Agenda item was reviewed by the City’s legal counsel. Fiscal Impact: There is no fiscal impact attached to this agenda. Recommendation: The Parks and Recreation Department recommends approval of this item. 187 1 | P a g e TM 128480 CITY OF COPPELL YOUTH CAMP PROGRAMS STANDARDS OF CARE The Standards of Care are intended to be minimum standards by which the City of Coppell Parks & Recreation Department will operate the City's Youth Camp Programs. The programs operated by the City are recreational in nature and are not day care programs. I. GENERAL ADMINISTRATION 1.01 Organization 1.01.1 The governing body of the City of Coppell Youth Camp Programs is the Coppell City Council. 1.01.2 City of Coppell Youth Camp Programs are exempt from the Department of TEXAS state Health Department licensure under state law. 1.01.3 Implementation of the Youth Programs Standards of Care is the responsibility of the Parks & Recreation Department Director and Departmental employees. 1.01.4 Youth Program ("Program") to which these Standards of Care will apply is the Summer Recreation Program and selected days off from the school calendar. 1.01.5 Each Youth Program site will have available for public and staff review a current copy of the Standards of Care. 1.01.6 Parents of participants will be provided a current copy of the Standards of Care during the registration process. 1.01.7 Criminal background checks will be conducted on prospective Youth Program employees. If results of the criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: a. A felony or a misdemeanor classified as an offense against a person or family; b. A felony or misdemeanor classified as public indecency; c. A felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; d. Any offense involving moral turpitude; e. Any offense that would potentially put youth participants or the City of Coppell at risk. 188 2 | P a g e TM 128480 1.02 Definitions Assistant Director of Recreation shall mean City of Coppell Parks and Recreation Department’s Assistant Director of Recreation. City shall mean City of Coppell City Council shall mean City Council of the City of Coppell Department shall mean Parks & Recreation Department of The City of Coppell Director shall mean City of Coppell Parks & Recreation Department Director or designee. Employee(s) shall mean term used to describe people are employees, permanent, temporary/seasonal of the City of Coppell and have been assigned responsibility for managing, administering, or implementing some portion of the Coppell Youth Programs. Parent(s) shall mean This term will be used to represent one or both parent(s) or adults who have legal custody and authority to enroll their child(ren) in Coppell Youth Programs. Participant shall mean a youth between ages of 6 to 12 years whose parent(s) have completed all required registration procedures and determined to be eligible for a Coppell Youth Program. Program Counselor shall mean City of Coppell Parks & Recreation Department Seasonal/Temporary employee who has been assigned responsibility to implement the City's Youth Program. Program Manual shall mean notebook of policies, procedures, required forms, a nd organizational and programming information relevant to Coppell Youth Programs. Program Site shall mean area and facilities where Coppell Youth Programs are held consisting of the Coppell Independent School District Campus and The CORE. Recreation Center shall mean The Coppell Independent School District campuses or The CORE which hosts the Summer Recreation Program and selected days off from school. Recreation Coordinator shall mean City of Coppell Parks & Recreation Department Recreation Coordinator. Site Director shall mean City of Coppell Parks & Recreation Department Seasonal/Temporary Programmer who has been assigned administrative responsibility for a Coppell Youth Program. Waterfront Director shall mean City of Coppell Parks & Recreation Department Aquatics Operation Supervisor or Head Lifeguard as assigned by the Recreation Manager. 189 3 | P a g e TM 128480 Youth Programs or Program shall mean City of Coppell Youth Programs currently consisting of the Summer Recreation Program and selected days off from school. 1.03 Inspections/Monitoring/Enforcement 1.03.1 A monthly inspection report will be initiated by the Site Director of each Program to confirm that the Standards of Care are being met including site conditions and programing. a. Completed inspection reports will be sent to the Recreation coordinator for review and kept on record for at least two years. b. The Recreation Coordinator will review the report and establish deadlines and criteria for compliance with the Standards of Care. 1.03.2 The Recreation Coordinator will make visual inspections of the Program based on the following schedule: a. The Summer Recreation Program will be inspected twice during its summer schedule. b. The Spring Recreation Program will be inspected once during the Spring Break Recreation Program schedule. c. The Holiday Recreation Program will be inspected one during the Holiday Recreation Program schedule. 1.03.3 Complaints regarding enforcement of the Standards of Care will be directed to the Site Director. The Site Director will be responsible to take the necessary steps to resolve the problems. The Site Director will record complaints regarding enforcement of the Standards of Care and their resolution. The Recreation Coordinator will address serious complaints regarding enforcement of the Standards of Care and the complaint and resolution will be noted. 1.03.4 The Parks & Recreation Department’s Director will make an annual report to the City Council on the overall status of the Youth Program and its operation relative to compliance with the adopted Standards of Care. 1.04. Enrollment 1.04.1 Before a child can be enrolled a parent must sign registration forms that contain the child's: a. name, address, home telephone number; 190 4 | P a g e TM 128480 b. name and address of parents and telephone number during Program hours; c. the names and telephone numbers of people to whom the child can be released or names of those who may not pick them up; d. a statement of the child's special problems or needs; e. emergency medical authorization; f. proof of residency when appropriate; and g. a liability, transportation, photo, and movie waiver 1.05 Suspected Abuse Program employees will report any observed or reported suspected child abuse or neglect in accordance with the Texas Family Code. II. STAFFING - RESPONSIBILITIES AND TRAINING 2.01 Site Director Qualifications 2.01.1 Site Director will be Seasonal/Temporary professional employees of the City of Coppell Parks & Recreation Department and will be required to have all Recreation Site Director qualifications as outlined in this document. 2.01.2 Site Director must be at least 18 years old 2.01.3 Site Director must have experience planning and implementing recreational activities. 2.01.4 Site Director must pass a background investigation including testing for illegal substances. 2.01.5 Site Director must have successfully completed a course in First Aid and Cardiopulmonary Resuscitation (CPR) based on either American Heart Association or American Red Cross standards. 2.01.6 Be mature, responsible, and able to complete duties with minimal supervision. 2.01.7 Ability to communicate well with the public, and skilled at interacting with children. 2.01.8 Skilled in supervising children of varying age levels in a group setting. 2.01.9 Have strong organizational skills and have the ability to adapt easily to change. 2.02 Site Director's Responsibilities 2.02.1 Site Directors are responsible to administer the Programs' daily operation s in compliance with the adopted Standards of Care. 2.02.2 Recreation Coordinator and Site Directors are responsible to recommend for hire, supervise, and evaluate Counselors. Camp management shall ascertain and have on 191 5 | P a g e TM 128480 record information, such as a letter of reference, attesting to the character and integrity of each staff member, and information, such as training certificates, attesting to the ability of each staff member to perform the tasks required in his or her position. 2.02.3 Site Directors are responsible for planning, implementing, and evaluating programs. 2.02.4 Site Directors will be considered Camp Health Officers. Duties will consist of, but not limited to: dispensing of medication and first aid, records management of incidences, emergencies, and camper’s health files. 2.03 Camp Counselor Qualifications 2.03.1 Counselors will be Seasonal/Temporary employees of the Parks & Recreation Department. 2.03.2 Counselors working with children must be age 18 or older and have completed high school. 2.03.3 Counselors should be able to consistently exhibit competency, good judgment, and self- control when working with children. 2.03.4 Counselors must relate to children with courtesy, respect, tolerance, and patience. 2.03.5 Counselors must have successfully completed a course in First Aid and CPR based on either American Heart Association or American Red Cross standards. An exception can be made for no more than one staff person at each site and that person shall successfully complete a First Aid and CPR course within two weeks of starting work. 2.03.6 Counselors must pass a background investigation including testing for illegal substances. 2.04 Counselor Responsibilities 2.04.1 Counselors will be responsible to provide participants with an environment in which they can feel safe, can enjoy wholesome recreation activities, and can participate in appropriate social opportunities with their peers. 2.04.2 Counselors will be responsible to know and follow all City, Departmental, and Program standards, policies and procedures that apply to Coppell Parks and Recreation Youth Programs. 2.04.3 Counselors must ensure that participants are released only to an authorized parent, or an authorized adult designated by the parent. All Program sites will have a copy of the Department approved plan to verify the identity of a person authorized to pick up a participant if that person is not known to the Counselor 192 6 | P a g e TM 128480 2.05 Training/Orientation 2.05.1 The Department is responsible for providing training and orientation to Program employees in working with children and for specific job responsibilities. Recreation Coordinator will provide each Counselor and Site Director with a Program Manual specific to the Youth Program. 2.05.2 Program employees must be familiar with the Standards of Care for Youth Program operation as adopted by the City Council. 2.05.3 Program employees must be familiar with the Program's policies including discipline, guidance, and release of participants as outlined in the Program Manual. 2.05.4 Program employees will be trained in appropriate procedures to handle emergencies by the Recreation Coordinator and/or professionals in the field. 2.05.5 Program employees will be trained in areas including City, Departmental, and Program policies and procedures, provision of recreation activities, safety issues, child psychology, and organization. 2.05.6 Program employees will be required to sign an acknowledgement that they received the required training. III. OPERATIONS 3.01 Staff-Participant Ratio 3.01.1 In a Coppell Youth Program, the standard ratio of participants to Counselors shall not exceed 20 to 1. In the event a Counselor is unable to report to the Program site, a replacement will be assigned. The camp director shall not be included in the supervisor to camper ratio in camps serving over 50 campers at a time. 3.01.2 Each participant shall have a Program employee who is responsible for him or her and who is aware of the participant's habits, interests, and any special problems as identified by the participant's parent(s) during the registration process. 3.02 Discipline 3.02.1 Program employees will implement discipline and guidance in a consistent manner based on the best interests of Program participants. 3.02.2 There must be no cruel or harsh punishment or treatment. 3.02.3 Program employees may use brief, supervised separation from the group if necessary. 193 7 | P a g e TM 128480 3.02.4 As necessary, Program employees will initiate discipline reports to the parent(s) of participants. Parents will be asked to sign discipline reports to indicate they have been advised about specific problems, incidents or behavior. 3.02.5 A sufficient number and/or severe nature of discipline reports as detailed in the Program Manual may result in a participant being suspended from the Program. 3.02.6 In instances where there is a danger to participants or staff, offending participants will be removed from the Program site as soon as possible. 3.03 Programming 3.03.1 Program employees will attempt to provide activities for each group according to the participants' ages, interests, and abilities. The activities must be appropriate to participants' health, safety, and well-being. The activities also must be flexible and promote the participants' emotional, social, and mental growth. 3.03.2 Program employees will attempt to provide indoor and outdoor time periods that include: a. Alternating active and passive activities; b. Opportunity for individual and group activities, and c. Outdoor time each day weather permits. 3.04 Communication 3.04.1 The Program site will have a mobile phone to allow the site to be contacted by Parks & Recreation personnel or for making emergency calls. 3.04.2 The Site Director will post the following telephone numbers adjacent to a mobile phone accessible to all Program employees at the site: a. Coppell Ambulance or Emergency Medical Services; b. Coppell Police Department; c. Coppell Fire Department; d. Coppell Independent School District campuses; e. Numbers at which parents may be reached; f. The telephone number for the site itself. 3.05 Transportation 3.05.1 Before a participant may be transported to and from city sponsored activities, a transportation form, completed by the parent of the participant, must be filed with the Site Director. 3.05.2 First Aid supplies and a First Aid and emergency care guide will be available in all Program vehicles that transport children. 194 8 | P a g e TM 128480 3.05.3 All Program vehicles used for transporting participants must have available a 6 -BC portable fire extinguisher which will be installed in the passenger compartment of the vehicle and must be accessible to the adult occupants. IV. FACILITY STANDARDS 4.01 Safety 4.01.1 Program employees will inspect the Program site daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A daily inspection report will be completed by Program employees and kept on file by the S ite Director. 4.01.2 Buildings, grounds, and equipment on the Program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. 4.01.3 Program equipment and supplies must be safe for the participants' use. 4.01.4 Program employees must have First Aid supplies readily available at each site, during transportation to an off-site activity, and for the duration of any off-site activity. 4.01.5 Program air conditioners, electric fans, and heaters must be mounted out of participants' reach or have safeguards that keep participants from being injured. 4.01.6 Program porches and platforms more than 30 inches above the ground must be equipped with railing participants can reach. 4.01.7 All swing seats at the Program site must be constructed of durable, lightweight, relatively pliable material. 4.01.8 Program employees must have First Aid supplies readily available to staff in a designated location. Program employees must have an immediately accessible guide to First Aid and emergency care. 4.01.9 Restrooms will be inspected on a frequent basis to ensure that no undesirable activity is occurring. Manual logs will be included with inspection reports indicated above to show that staff checks restrooms. 4.02 Fire 4.02.1 In case of fire, danger of fire, explosion, or other emergency, Program employees' first priority is to evacuate the participants to a designated safe area. 4.02.2 The Program site will have an annual fire inspection by the local Coppell Fire Marshall, and the resulting report will detail any safety concerns observed. The report will be forwarded to the Director of Parks & Recreation who will review and establish deadlines and criteria for compliance. Information from this report will be included in the Director of Parks & Recreation annual report to the Council. 195 9 | P a g e TM 128480 4.02.3 The Program site must have at least one fire extinguisher approved by the Fire Marshall readily available to all Program employees. The fire extinguisher is to be inspected monthly by the Site Director, and a monthly report will be forwarded to the Recreation Coordinator who will keep the report on file for a minimum of two years. All Program employees will be trained in the proper use of fire extinguisher. 4.02.4 Fire drills will be initiated at Program sites based on the following schedule: a. Summer Recreation Program: A fire drill twice during the session. 4.03 Health; Illness or Injury 4.03.1 A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the Program. 4.03.2 Illnesses and injuries will be handled in a manner to protect the health of all participants and employees. 4.03.3 Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the Program manual. 4.03.4 Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. 4.03.5 Program employees will administer medication only if: a. Parent(s) complete and sign a medication form that provides authorization for staff to dispense medication with details as to time and dosages. The form will include a hold harmless clause to protect the City. b. Prescription medications are in the original containers labeled with the child's name, a date, directions, and the physician's name. Program employees will administer the medication only as stated on the label. Program employees will not administer medication after the expiration date. c. Nonprescription medications are to be labeled with the child's name and the date the medication was brought to the Program. Nonprescription medication must be in the original container. Program employees will administer it only according to label direction. d. Medication dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of Program employees. The Program employees will administer no injections. 196 10 | P a g e TM 128480 4.03.6 Program employees must ensure medications are inaccessible to participants or, if it is necessary to keep medications in the refrigerator (when available), medications will be kept separate from food. 4.04. Toilet Facilities 4.04.1 The Program site will have inside toilets located and equipped so children can use them independently and Program staff can supervise as needed. 4.04.2 There must be one flush toilet each for every 15 females and 15 males. Urinals may be counted in the ratio of toilets for males, but they must not excee d 70% of the total number of toilets. 4.04.3 An appropriate and adequate number of lavatories (sinks) will be provided. 4.04.4 Hand sanitizer is required at all times. 4.05 Sanitation 4.05.1 The Program facilities must have adequate light, ventilation, and heat. 4.05.2 The Program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and ensure that it will be supplied to the participants in a safe and sanitary manner. 4.05.3 Program employees must see that garbage is removed from buildings daily. 4.06 Water Safety 4.06.1 An adult waterfront director shall be in charge of all waterfront activities. While waterfront activities are in progress, the waterfront director or an adult certif ied lifeguard assistant shall be in the immediate vicinity of the campers, supervising the program. 4.06.2 All campers’ swimming ability will be tested on their first fieldtrip to the pool. Children shall then be confined to the limits of swimming skills for which they have been classified. 197 Page 1 TM 128711 AN ORDINANCE OF THE CITY OF COPPELL ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, READOPTING, RATIFYING, REPUBLISHING AND EXTENDING CHAPTER 9 OF THE CODE OF ORDINANCES, ARTICLE 9-19, YOUTH CAMP PROGRAMS STANDARDS OF CARE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Coppell operates Youth Camp programs; and WHEREAS, the City of Coppell has adopted and implemented a comprehensive standards of care to provide a safe and instructive atmosphere; and WHEREAS, the City of Coppell has previously passed and adopted youth camp programs standards of care and desires to re-adopt in accordance with state law; and WHEREAS, that state law requires each City to review and update its standards of care regulations for youth programs and having held the required public hearing in accordance with state law. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF COPPELL, TEXAS, THAT: SECTION 1. That Ordinance No. 2010-1248, as readopted and amended by Ordinance No. 2012-1306, Ordinance No. 2013-1338, Ordinance No. 2014-1375, Ordinance No. 2015-1411, Ordinance No. 2016-1432, Ordinance No. 2017-1475, No. 2018-1489, No. 2019-1512, No. 2020- 1538, No. 2021-1553, as codified in Chapter 9, Article 9-19 Youth Camp Program Standards of Care, Section 9-19-1 through Section 9-19-19 of the Code of Ordinances of the City of Coppell, Texas, as amended, after public hearing, is hereby readopted ratified, republished and extended in its entirety from the date of its adoption and shall remain in effect through April 2023 unless otherwise repealed, amended or terminated as provided by state law. SECTION 2. That all provisions of any ordinance or the Code of Ordinances of the City of Coppell, Texas, except as provided herein, in conflict with the provisions of this ordinance be, and 198 Page 2 TM 128711 the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, phrase, paragraph, or section of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance, in whole, in part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances of the City of Coppell, Texas as a whole. SECTION 4. That this ordinance shall take effect immediately from and after its passage and publication, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this ___ day of _______________, 2022. APPROVED: By: WES MAYS, MAYOR ATTEST: By: ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: By: ROBERT E. HAGER, CITY ATTORNEY (REH/gd) 199 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6205 File ID: Type: Status: 2022-6205 Ordinance Agenda Ready 1Version: Reference: In Control: City Council 03/30/2022File Created: Final Action: STR OrdinanceFile Name: Title: Consider approval of an Ordinance amending the current Short-Term Rental Ordinance found in Chapter 9, Article 9-29, Section 9-29-14 in the City of Coppell Code of Ordinances; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: STR Ordinance Adoption Memo.pdf, Short-Term Rental Ordinance.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 2022-6205 Title Consider approval of an Ordinance amending the current Short-Term Rental Ordinance found in Chapter 9, Article 9-29, Section 9-29-14 in the City of Coppell Code of Ordinances; and authorizing the Mayor to sign. Summary Staff is proposing revisions to the current Short-Term Rental Ordinance. A proposed draft of the revised Ordinance was presented to City Council in February 2022, and staff is now bringing the Ordinance forward to be considered for adoption. Fiscal Impact: N/A Staff Recommendation: Page 1City of Coppell, Texas Printed on 4/8/2022 200 Master Continued (2022-6205) Staff recommends approval. Strategic Pillar Icon: Enhance the Unique 'Community Oasis' Experience Page 2City of Coppell, Texas Printed on 4/8/2022 201 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: April 12, 2022 Reference: Consider approval of an Ordinance amending the current Short-Term Rental Ordinance found in Chapter 9, article 9-29, Section 9-29-14 in the City of Coppell Code of Ordinances; and authorizing the Mayor to sign. 2040: Enhance the Unique “Community Oasis” Experience Introduction: Staff presented proposed changes to the Short-Term Rental Ordinance to City Council on February 22, 2022. City Council did not propose any changes at that time. Therefore, staff is bringing forward the revised ordinance for consideration and approval. Background: Staff reviewed best practices from short-term rental ordinances throughout the state and prepared a draft ordinance with proposed changes for City Council review. Staff presented that proposed ordinance to City Council on February 22, 2022. City Council did not propose any changes to the ordinance at that time. Therefore, staff is bringing forward the revised ordinance for consideration and approval. The Short-Term Rental Ordinance provides the operational regulations for short-term rentals. From the beginning, the ordinance has been designed to provide a balance between meeting the desires of owner- occupants to share their homes on an intermittent basis and providing protection for the neighboring properties. The proposed changes are a continuation of that balance. They are aimed at providing a clear understanding of definitions, processes, and enforcement. Providing this clarity increases the objectivity for all parties involved. Analysis: While additional definitions have been included to provide guidance to those interested in operating a short-term rental, the most significant changes include: • Registration: Short-term rental operators will now be required to re-apply for registration for their property on an annual basis, which will require an annual inspection. • Violations: Better definition of what constitutes a violation of the ordinance. • Revocation: Defined process for revocation of a permit. • Appeal: Provides a timeline for appeal for denied permits or permits that have been revoked. • Sunset Review: Removal of the sunset review from the ordinance going forward. 202 2 The annual sunset review is being removed from the ordinance, but staff will continue to monitor changes in the short-term rental industry and issues related to short-term rentals. The ordinance can be revisited at any time. Legal Review: The City Attorney prepared the Ordinance. Fiscal Impact: None Recommendation: Staff recommends approval. 203 1 TM127552 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES BY REPEALING ARTICLE 9-29, SHORT TERM RENTALS IN ITS ENTIRETY AND REPLACING IT WITH A NEW ARTICLE 9-29, SHORT TERM RENTALS; PROVIDING FOR REGULATIONS FOR THE REGISTRATION AND USE OF SHORT TERM RENTALS; PROVIDING FOR REGISTRATION, PROVIDING FOR DEFINITIONS; PROVIDING FOR INSPECTIONS; PROVIDING FOR RESTRICTIONS; PROVIDING FOR BROCHURE AND SAFETY REQUIREMENTS; PROVIDING FOR NEIGHBORHOOD NOTIFICATION; PROVIDING FOR VIOLATIONS AND PENALTIES; PROVIDING FEES; PROVIDNG FOR A SUNSET REVIEW: PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that regulations are needed to be updated to address regulations for Short Term Rentals, and WHEREAS, permanent residents desire the option to occasionally utilize their properties for home share rentals (STR); and WHEREAS, the operation of Short Term Rentals should not negatively affect property values, and WHEREAS, the Short Term Rentals should be required to pay Hotel Occupancy Taxes, and WHEREAS, the City Council has determined that regulations needed are intended to protect the public health, safety, morals and general welfare. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF COPPELL, TEXAS, THAT: SECTION 1. That Chapter 9, General Regulations, of the Code of Ordinances is hereby amended by repealing Article 9-29, Short Term Rentals in its entirety and replacing it with a new Article 9-29, Short Term Rentals, which shall read as follows: 204 2 TM127552 “CHAPTER 9, GENERAL REGULATIONS ….. ARTICLE 9-29 SHORT TERM RENTAL “Sec. 9-29-1. - Purpose and applicability. The purpose of this division is to establish regulations for the registration and use of Short Term Rentals for single family living units. The requirements of this division apply only to the regulation of Short Term Rentals, as defined herein, in accordance with the city's Zoning Ordinance, Chapter 12 of Code of Ordinances. Nothing in this division, however, shall be construed to be a waiver of the requirement to assess and collect hotel occupancy taxes for any residential rental for less than 30 consecutive days, or any other applicable provision of the Coppell Code of Ordinances. Sec. 9-29-2. -Definitions Advertise means the written, audio, oral or other methods of drawing the public’s attention whether by brochure, written literature or on-line posting to a Short Term Rental in order to promote the availability of the short term rental. Dwelling means a building that contains one or two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes. Dwelling Unit means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Guest means a person who pays or gives a benefit or thing of value to another in exchange for the use of dwelling, premises or a portion thereof regulated under this Article for use of a residential dwelling, premises or portion thereof for the privilege to use a Short-Term Rental and/or person's invitees for use of such dwelling, premises or portion. Guest Room. A room or part thereof used or intended to be used by one or more guests for living or overnight sleeping purposes Host means the person, firm, corporation, partnership or association, assigned the duty and responsibility by the owner to manage or rent a residence for a short term rental. 205 3 TM127552 Hotel Occupancy Tax means the hotel occupancy tax as defined in Chapter 1 the Coppell Code of Ordinances and Chapter 3 of the Texas Tax Code. Local Emergency Contact means an individual other than the applicant, who resides within 20 miles of the subject property, and who is designated by the owner/applicant to act as the owner’s authorized agent if the owner has traveled outside of the immediate area or is otherwise unavailable. The local emergency contact should be reachable on a 24-hour basis, have access to the Short Term Rental Property, and be authorized by the owner to act in the owners absence to address any complaints, disturbances, emergencies and property conditions. Owner means the person who, in accordance with the most recently recorded deed, deed of trust, security instrument, trust instrument, affidavit of heirship, muniment of title or other similar conveyance or transfer document indicating title to real property recorded in the Official Public Records of Dallas County, Texas, is vested in, the ownership, dominion or title of real property, including, but not limited to: (1) The owner of a fee simple title; (2) The owner of a life estate; (3) The purchaser named in an executory contract for conveyance entered in compliance with title 2, chapter 5, subchapter D of the Texas Property Code, as amended, and recorded in the Official Public Records of Dallas County, Texas if required by Texas Property Code, § 5.076, as amended; or (4) A mortgagee, receiver, executor or trustee in control of real property. Permit holder means person who receives a permit to operate a STR under this Article. Person means an individual, corporation, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or community entity. Premises means a lot, plot or parcel of land, easement or public way, including any structures thereon. Primary Residence means the usual dwelling place of the applicant’s residential dwelling and is documented as such by at least two of the following: motor vehicle registration, driver’s license, Texas State Identification card, voter registration, property 206 4 TM127552 tax documents, or utility bill. For purpose of this chapter, a person may have only one primary residence. Residential districts: Includes the following districts: SF-ED, SF-18, SF-12, SF-9, SF-7, 2F-9, TH-1, TH-2, RBN or any Planned Development District, which allow residential occupancy defined in Chapter 12 of the Code of Ordinances. Short Term Rental (STR) is defined as “the rental of any residence or residential structure, or a portion of a residence or residential structure for a period of less than 30 days”. The term does not include; 1. a unit that is used for a nonresidential purpose, including an educational, retail, restaurant, banquet space, or event center purpose or other commercial purposes another similar use; 2. a bed and breakfast; or 3. a hotel/residence hotel. 4. Boarding homes (hostel) 5. A place for residence or use as a licensed health care or assisted living facility. 6. Parsonage on the premise of a church, mosque or synagogue Short-Term Rental Listing Service — means an individual from corporation, association, business or other legal entity that participates in the Short-Term Rental business by facilitating booking or proceeding management services through which an owner may offer Short-Term Rentals to potential guests1. Short-Term Rental Permit— A permit issued by the City that allows a person, firm, corporation and those acting in concert with such lawfully rent or offer to rent to a guest. Single-family residence means as defined in the Code of Ordinances and in this article which includes the following: (1) One-family dwelling (detached): A dwelling designed and constructed for occupancy by one family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract; and is located in a single 1 Short-Term Rental Listing Services usually, though not necessarily, provide booking services through an online platform that allows an owner to advertise the premises through a website provided by the Short -Term Rental Listing Service and the Short- Term Rental Listing Service conducts a transaction by which potential guests arrange their use and their payment, whether the potential guest pays rent directly to the owner or to the Short-Term Rental Listing Service. 207 5 TM127552 family zoning district in the Comprehensive Zoning district or live work zoning or planned development district. (2) One-family dwelling (attached): A dwelling which is joined to another dwelling at one or more sides by a party wall or abutting separate wall and which is designed for occupancy by one family and is located on a platted separate lot, delineated by front, side and rear lot lines located in the TH, HO or LW or PD district for each use. (3) Two-family dwelling: A single structure designed and constructed with two dwelling units under a single roof for occupancy by two families, one in each unit; and (4) Condominium: The separate ownership of single dwelling units in a multiple unit structures with common elements and; (5) Multi-family dwelling or apartment: Any building or portion of a building, which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or place of residence by three or more families living in independent dwelling units. Sleeping Unit. A room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. Transient, Occupancy, of a dwelling unit or sleeping unit for fewer than 30 consecutive days. Sec. 9-29-3. - Short Term rental registration requirements. A. No person shall advertise, offer rent, lease, sublease, license or sublicense or offer the same, a residential property within the City as a Short Term Rental unless registered in accordance with this Article . B. Registration shall be made upon forms furnished by the city for such purpose and shall specifically require the following minimum information: 208 6 TM127552 1. Name, address, phone number and e -mail address of the property owner (s) of the Short-Term Rental property. 2. Verification of that this Short-Term rental property is the applicant’s Residence. 3. The name, address, e-mail address and 24-hour telephone number of a contact person who is local emergency contact, the owner, operator or designated agent and who shall be responsible and authorized to respond to complaints concerning the Short-Term Rental within one hour or less; 4. An acknowledgement that any permit granted under this Article does not supersede any property-specific restrictions against Short-Term Rentals that may exist under law, agreement, lease, private covenantor deed restriction, homeowner association rules or regulation.; 5. A depiction of the floor plan that identifies sleeping areas, proposed maximum number of guests, evacuation routes and location of all fire extinguishers and smoke detectors; 6 Site Plan/Survey o f the property indicating maximum number of vehicles that can be legally parked on the property, without encroaching onto sidewalks or alleys, other public rights-of-way or public property. 7 Zoning classification(s). 8 A sworn statement that the owner has met and will continue to comply with all requirements of this Article including, but not limited to, obtaining annual independent inspections of required fire extinguishers in compliance with the current Coppell Fire Code, as amended; and 9 Acknowledgement of receipt of a copy of this Article and agreement to comply with all provisions of this article as a condition to receiving and consent to inspection during 8:00am to 5:00pm maintaining a short-term rental permit. C. Applications shall be considered complete when all documentation required under under this Article has been submitted and all permit fees have been paid. Incomplete applications will not be accepted. 209 7 TM127552 D. A permit to operate or maintain a Short-Term Rental is not transferable to another owner, operator or location. Sec. 9-29-4. - Inspection Required A. To ensure compliance with the requirements of this Article, a Short-Term Rental may be inspected in the following methods: 1. Initial inspection. As part of the issuance of a new Short-Term Rental Permit and any reapplication thereof, the City may conduct an inspection to verify compliance with this Article. 2. Fire extinguishers / Suppression System. The owner is responsible for obtaining annual independent inspections of the fire extinguishers or fire suppression system in compliance with the Coppell Fire Code. 3. Inspections upon report or suspicion of a violation. The City may perform inspections when a violation of this Article or other law is reported or suspected. B. If only a portion of the premises is offered for rent, then that portion plus shared amenities and points of access shall be inspected. C. If, upon completion of the inspection, the premises are found to be in violation of one or more provisions of applicable City codes and ordinances, the City shall provide written notice of such violation and shall set a re-inspection date for violation to be corrected prior to its occupancy. Sec. 9-29-5. - Restrictions on Short Term Rental Operation. A. External Signage. External on-site or off-site advertising signs or displays indicating the property is s Short Term Rental are forbidden. B. Limit on occupants allowed. No more than two occupants per bedroom, plus no more than two occupants shall be allowed when renting a property as a home share rental, except that: 1. There shall be a maximum occupancy of ten (10) occupants. 2. Bedrooms under 120 square feet shall be limited to only one adult occupant. 210 8 TM127552 C. Limits on number of vehicles. There shall be a maximum of one car per bedroom, or maximum number of cars that can be accommodated within the garage and driveway, without extending over the public rights of way (alleys and sidewalks) whichever is less. D. Advertisement and contracts. Any advertisement of the property as a short term rental and all rental contracts must contain language in bold and different font that specifies the maximum number of occupants and maximum number of vehicles as set forth in this Section. E. Other restrictions. It is unlawful for any person to: 1. Operate or allow to be knowingly operated a Short-Term Rental without first registering the property in which the rental is to occur with the City in accordance with this Article; 2. Advertise or offer to rent a Short-Term Rental without having obtained a permit issued for such premises in accordance with this article. Any documented advertisement or offer, shall be considered prima facie evidence of a violation under this article; 3. A licensee or operator may not advertise, promote or allow another to advertise or promote a short-term rental without including: (1) the permit number assigned by the City to the short-term rental; and (2) the applicable occupancy limit for the short-term rental 4. Operate a Short-Term Rental that does not comply with all applicable city and state laws and codes; 5. Operate a Short-Term rental without paying the required hotel occupancy taxes; 6. Offer or allow the use of a Short-Term Rental for the sole or primary purpose of having a party venue; 7. Fail to include a written prohibition against the use of a Short-Term Rental for having a party in every advertisement, listing, or other publication offering the premises for rent. 211 9 TM127552 8. Allow, permit or suffer the use of the Short-Term Rental for the purpose of housing sex offenders; operating a structured sober, recovery or other purpose living home or similar enterprise; selling illegal drugs; selling alcohol or another activity that requires a permit under the Alcoholic Beverage Code; or operating as a sexually oriented business. 9. Rent to a guest who is under the age of twenty-one (21). Sec. 9-29-6. - Brochure and safety features. A. Informational brochure. Each registrant operating a Short-Term Rental shall file with City and provide to guests a brochure that includes: 1. The registrant's twenty-four (24) hour contact information; 2. The host’s twenty-four (24) hour contact information if the property owner is not within the city limits when guests are renting the premises; 3. Pertinent neighborhood information including, but not limited to, parking guidelines restrictions on noise and amplified sound, and trash collection schedules; 4. Information to assist guests in the case of emergencies posing threats to personal safety or damage to property, including emergency and non- emergency telephone numbers for police, fire and emergency medical services providers and instructions for obtaining severe weather, natural or manmade disaster alerts and updates. B. Safety features. Each Short-Term Rental registrant shall provide in the premises working smoke detectors in accordance with adopted codes and at least one working carbon monoxide detector and alarm, and one working fire extinguisher or fire suspension system. The premises shall, otherwise comply with applicable Codes of Ordinance including but not limited to Building Maintenance and Fire Codes. Sec. 9-29-7. – Notification of Approval of Short-Term Rental Within ten (10) days of the approval of a Short-Term Rental registration and reapplication, a notice will be sent to all property owners within two-hundred feet (200 212 10 TM127552 ft.) of the property, and shall include the 24-hour complaint line, and pertinent information about this article. Sec. 9-29-8. - Registration term, fees, and renewal. A. All registrations approved under this Chapter shall be valid for a period of one year from the date of its issuance. 1. The fees for registration of a Short-Term Rentals may include the following: a. The initial registration fee, b. a late fee of twice the established the fee, and c. senior exemption or other exemption. B. Upon receipt of an application for re-application of the registration, the director or their designee may deny the registration if there is reasonable cause to believe that: 1. The registrant has violated any ordinance of the city, or any state, or federal law on the premises or has permitted such a violation on the premises by any other person; or 2. There are grounds for suspension, revocation, or other registration sanction as provided in this article. Sec. 9-29-9. - Inspections; re-inspections; suspension and revocation of permit. (a) Inspections; access. The resident owner, nonresident owner, resident manager and property manager, as a condition to the issuance of a short-term rental permit required by this article, shall consent and agree to permit and allow the city's building official or their designee to make the following inspections of the short-term rental when and as needed to ensure compliance with this article: (1) Right and access to inspect all portions of the premises and structures located on the premises that are not dwelling units, including, but not limited to, all storage areas, detached garages, and swimming pools, upon reasonable advance notice being given to the resident owner, nonresident owner, property manager or resident manager; 213 11 TM127552 (2) Right and access to inspect all unoccupied dwelling units upon giving reasonable notice to resident owner, nonresident owner, resident manager or property manager; (3) Right and access to inspect all occupied dwelling units when, upon receipt of reliable information, the building official or their designee has reason to believe that violations of the ordinances of the city or state law exist that involve serious threats to life, safety, health and property; and (4) Before the short-term rental permit and any renewal of the short- term rental permit is approved, and before the rental of any single-family residence as a short-term rental under this article, the resident owner, nonresident owner, resident manager or property manager shall request an inspection and make the single-family residence available for inspection by the building official or their designee. The building official or their designee and the resident owner, nonresident owner, resident manager and property manager shall agree on a reasonable date and time for the requested inspection. (b) Admission to premises. The building official or their designee may enforce the provisions of this article upon presentation of proper identification to the occupant in charge of the short-term rental and may enter, with the occupant's permission, any short- term rental between the hours of 8:00 a.m. and 6:00 p.m.; provided, however, that in cases of emergency where extreme hazards are known to exist which may involve imminent injury to persons, loss of life, or severe property damage, the building official or their designee may enter the short-term rental referenced in subsection (a) of this section at any time and upon presentation of identification and the occupant's permission shall not apply. Whenever the building official is denied admission to inspect any short-term rental under this provision, inspection shall be made only under authority of a warrant issued by a magistrate authorizing the inspection. (c) Reinspection. If any of the inspections authorized by this article require a second reinspection due to noted violations, reinspection fee of $_______ shall be assessed and paid prior to the second reinspection. (d) Suspension or revocation of permit. Failure of an owner to comply with the provisions of this article after receipt of written notice of the violation from the building official or their designee setting out the violations and the time allowed to rectify the 214 12 TM127552 violations, the short-term rental permit authorized by this article issued to the owner may be suspended or revoked by the community development department. (e) Reinstatement. Any person requesting a reinstatement or reissuance of a short- term rental permit that has been suspended or revoked shall be required to apply for and receive a new short-term rental permit issued under this article as a condition precedent to the reissuance or reinstatement of the certificate of occupancy. Sec. 9-29-10.- Revocation/Appeal A. Permit maybe denied and/or revoked by the City Manager or designee upon a finding by the noncompliance with any provisions of this article or violations of the Comprehensive Zoning Ordinance, or other applicable city codes. B. A permit may be suspended for up to 150 days for the following reasons: (a) If found guilty in Municipal Court of two or more violations of The City of Coppell Code ordinances or misdemeanor state penal laws within a twelve month period. i. Operating in violation of building, fire, health, or safety codes – based on official investigation and determination – 10-day correction period allowed. ii. Failure to file or pay applicable sales and lodging taxes. iii. Failure to pay an annual permit application fee iv. Failure to apply for an STR permit C. A permit may be revoked or reapplication denied for up to 1 full year for the following reasons: (a) More than one permit suspension within the past year (b) False or misleading application materials (c) Operation of STR during a suspension (d) Any conditions that would have warranted a denial of permit at the time of application D. A permit holder may be subject to permanent revocation if there are four violations of this article or other City's safety, health, and welfare ordinances. 215 13 TM127552 i. Operating in violation of building, fire, health, or safety codes – based on official investigation and determination – 10-day correction period allowed. ii. Failure to file or pay applicable sales and lodging taxes. iii. Failure to pay an annual permit application fee iv. Failure to apply for an STR permit v. False or misleading information contained in the application for permit vi. Operation of STR during a permit suspension E. The community development department shall issue a notice of violation of any provision of this article or violations as provided herein. Such notice shall include the date, time and synopsis of the facts surrounding such violation. F. An applicant or permit holder who wishes to appeal the denial or revocation of a permit under this article, shall file an appeal with the Board of Adjustment within 10 days of notice for reinstatement of a denied or revoked permit. G. The Board of Adjustment shall conduct an evidentiary hearing, take testimony and receive any documented evidence to determine whether the decision of City Manager or designee should be upheld or overturned. H. At the hearing, the Board of Adjustment shall receive a testimony and evidence to contest the decision to deny or revoke a permit. I. The Board of Adjustment upon completion of a hearing, shall upon a majority vote of four-fifths of the Board grant or deny the appeal. J. All decision of the Board of Adjustment under this article shall be deemed final. Sec. 9-29-11. – Fees All fees for registration, inspection or renewal, including any late fees or exemptions, as provided in this article, shall be as established by resolution of the City Council. Sec. 9-19-12. - Presumption; presentation of documents or affidavit. (a) Presumption. It shall be a rebuttable presumption that a single-family residence that is occupied by one or more person(s) who are not the owner is being occupied pursuant 216 14 TM127552 to an agreement between the owner and the occupant(s) of the single -family residence wherein the occupant(s) have agreed to lease said residence from the owner. (b) Presentation of documents or affidavits. Any resident owner or nonresident owner claiming that the owner is not required to obtain a short-term rental permit pursuant to this article shall, not later than five business days following receipt of a written request of the building official or their designee or, in the case of an appeal filed pursuant to Section 9-29-10 of this article deliver to the community development department a true and correct copy of any agreements, documents of title, letters of administration, letters testamentary, executory contracts for conveyance (also known as "contracts for deed"), affidavits, or other documents that establish to the satisfaction of the community development department that a landlord/tenant relationship does not exist between the owner and the occupant(s) of the single-family residence. Unless an extension of the time for delivery of such documents or affidavits is granted by the building official or their designee or city manager, as the case may be, the failure of the owner to present the requested documents within the time provided by this subsection (b) shall result in the presumption described in subsection (a) above, becoming irrefutable. Sec. 9-29-13. – Violations and Penalties Violation of this ordinance upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense.” SECTION 3. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so 217 15 TM127552 decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. 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 6. That this ordinance shall take effect on ___________ and after publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2022. APPROVED: _____________________________________ WES MAYS, MAYOR ATTEST: _____________________________________ ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: ________________________________ ROBERT E. HAGER, CITY ATTORNEY 218 16 TM127552 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES BY REPEALING ARTICLE 9-29, SHORT TERM RENTALS IN ITS ENTIRETY AND REPLACING IT WITH A NEW ARTICLE 9-29, SHORT TERM RENTALS; PROVIDING FOR REGULATIONS FOR THE REGISTRATION AND USE OF SHORT TERM RENTALS; PROVIDING FOR REGISTRATION, PROVIDING FOR DEFINITIONS; PROVIDING FOR INSPECTIONS; PROVIDING FOR RESTRICTIONS; PROVIDING FOR BROCHURE AND SAFETY REQUIREMENTS; PROVIDING FOR NEIGHBORHOOD NOTIFICATION; PROVIDING FOR VIOLATIONS AND PENALTIES; PROVIDING FEES; PROVIDNG FOR A SUNSET REVIEW: PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2022. APPROVED: _____________________________________ WES MAYS, MAYOR ATTEST: _____________________________________ ASHLEY OWENS, CITY SECRETARY 219 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6196 File ID: Type: Status: 2022-6196 Agenda Item Agenda Ready 1Version: Reference: In Control: Finance 03/18/2022File Created: Final Action: Reimbursement ResolutionFile Name: Title: Consider approval of a Resolution expressing official intent to reimburse expenses associated with City facilities, street improvements, including related drainage, signalization, landscaping, sidewalks, lighting and signage, streetscape improvements and land acquisition; and acquiring, constructing, installing and equipping additions, improvements, extensions and equipment for the City's waterworks and sewer system prior to the issuance of bonds; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Reimbursement Resolution Memo.pdf, Reimbursement Resolution.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 2022-6196 Title Consider approval of a Resolution expressing official intent to reimburse expenses associated with City facilities, street improvements, including related drainage, signalization, landscaping, sidewalks, lighting and signage, streetscape improvements and land acquisition; and acquiring, constructing, installing and equipping additions, improvements, extensions and equipment for the City's waterworks and sewer system prior to the issuance of bonds; and authorizing the Mayor to sign. Summary See attached memorandum. Page 1City of Coppell, Texas Printed on 4/8/2022 220 Master Continued (2022-6196) Fiscal Impact: Funds will be provided by the General Fund Undesignated Fund Balance or the Water Sewer Fund Undesignated Retained Earnings prior to the issuance of the bonds. Staff Recommendation: The Finance Department recommends approval of the Resolution. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 4/8/2022 221 MEMORANDUM To: Mayor and City Council From: Kim Tiehen, Director of Finance Date: April 12, 2022 Reference: Consider all matters incident and related to the adoption of a resolution expressing official intent to reimburse costs of projects. 2040: Sustainable Infrastructure Introduction: Before approving a construction contract, the City must have total funds available at the time of contract award. Analysis: Passage of this agenda item will allow approval of contracts for the projects listed in the resolution to be awarded prior to the issuance of the bonds by allowing temporary funding from the Undesignated Fund Balance of the General Fund and Undesignated Retained Earnings of the Water Sewer Fund with a future reimbursement back to the funds from bond proceeds. The passage of this agenda item provides Council flexibility concerning the funding source for the identified projects. Legal Review: Agenda item was reviewed by legal as part of the agenda packet. The resolution was prepared by Bond Counsel. Fiscal Impact: Funds will be provided by the General Fund Undesignated Fund Balance or the Water Sewer Fund Undesignated Retained Earnings prior to the issuance of the bonds. Recommendation: The Finance Department recommends approval of the Resolution. 222 RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF PROJECTS WHEREAS, the City of Coppell, Texas (the “City”) is a home-rule municipality and political subdivision of the State of Texas (the “State”); and WHEREAS, the City expects to pay, or have paid on its behalf, expenditures in connection with the design, planning, acquisition and construction of the projects described in Exhibit A hereto (the “Projects”) prior to the issuance of tax-exempt obligations, tax-credit obligations and/or obligations for which a prior expression of intent to finance or refinance is required by federal or State law (collectively and individually, the “Obligations”) to finance the Projects; and WHEREAS, the City finds, considers and declares that the reimbursement for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention to reimburse itself for such payments at such time as it issues Obligations to finance the Projects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. The City reasonably expects to incur debt, or have debt incurred on its behalf, in one or more series of Obligations with an aggregate maximum principal amount not to exceed $38,350,000, for the purpose of paying the costs of the Projects. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt Obligations will be issued by the City in furtherance of this Resolution after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the Projects, with respect to which such expenditures were made, are placed into service. Section 3. The foregoing notwithstanding, no tax-exempt Obligations will be issued pursuant to this Resolution more than three years after the date any expenditure which is to be reimbursed is paid. Section 4. This Resolution shall be effective immediately upon adoption. DULY PASSED by the City Council of the City of Coppell, Texas, this the 12th day of April, 2022. APPROVED: Wes Mays, Mayor ATTEST: Ashley Owens, City Secretary 223 Exhibit A (i) constructing and improving streets and roads, including related drainage, signalization, landscaping, sidewalks, lighting, utility relocation and replacement, bridges, signage and streetscape improvements; (ii) acquiring, constructing, installing and equipping additions, improvements, extensions and equipment for the City's waterworks and sewer system; (iii) constructing, improving and equipping public safety facilities for the fire department, including the design, construction, renovation and equipment of a new fire station; and (iv) constructing, improving and equipping facilities for the City’s public works department. 224 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6197 File ID: Type: Status: 2022-6197 Agenda Item Agenda Ready 1Version: Reference: In Control: Engineering 03/28/2022File Created: Final Action: Royal Lane DesignFile Name: Title: Consider approval to enter into an engineering design contract with Teague Nall and Perkins, Inc.; for the reconstruction of Royal Lane (from I-635 to Sandy Lake Road); in the amount of $1,403,000.00; provided for in undesignated fund balance; and authorizing the City Manager to sign all necessary documents. Notes: Sponsors: Enactment Date: Royal Lane Design Memo.pdf, Exhibit.pdf, Royal Lane Design 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 2022-6197 Title Consider approval to enter into an engineering design contract with Teague Nall and Perkins, Inc.; for the reconstruction of Royal Lane (from I-635 to Sandy Lake Road); in the amount of $1,403,000.00; provided for in undesignated fund balance; and authorizing the City Manager to sign all necessary documents. Summary Fiscal Impact: The fiscal impact of this Agenda item is $1,403,000.00, funded from undesignated fund balance of the General Fund, then reimbursed in accordance with the approval of a Reimbursement Resolution of a proposed 2023 bond sale. Page 1City of Coppell, Texas Printed on 4/8/2022 225 Master Continued (2022-6197) Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 4/8/2022 226 1 MEMORANDUM To: Mayor and City Council From: Jamie Brierton, Capital Programs Administrator Kent Collins, P.E., Director of Public Works Date: April 12, 2022 Reference: Royal Lane Reconstruction Design Award, TAX 2022 A 2040: Pillar 0: Sustainable City Government Goal 3: Well-maintained City Infrastructure General Information: · Royal Lane was originally constructed in the early 1980’s · The pavement design at that time was intended to have a 20-year lifespan · Engineering Services contract for design with Teague Nall and Perkins, Inc. for $1,403,000.00. · Teague Nall and Perkins is an approved engineering design service provider selected through qualifications-based selection process as required by State law · The paving will be designed to accommodate heavy truck traffic and projected traffic volumes with a 30-year lifespan · Estimated construction cost is $17.9 Million Introduction: This agenda item is being presented for approval to enter into an engineering design contract with Teague Nall and Perkins, Inc. in the amount of $1,403,000.00 for the reconstruction of the full length of Royal Lane from I-635 to Sandy Lake Road; funded from undesignated fund balance of the General Fund, then reimbursed in accordance with the approval of a Reimbursement Resolution of a proposed 2023 bond sale. Analysis: Through an analysis of the condition of all streets within the City of Coppell, Royal Lane was identified as in need of reconstruction. This street is deteriorating rapidly due to the heavy truck traffic, as well as the advanced age. A full asphalt overlay of Royal was implemented in 2017 to extend the life of the roadway until it could be rebuilt. A partial overlay will be completed this year to address localized settling. The preliminary construction cost estimate is $17.9 million, and reconstruction is expected to begin in Fall of 2023. The construction is anticipated to last 15 to 18 months. 227 This item is presented to request approval to award a contract for engineering design services for 10,400 LF of paving and partial utility reconstruction. Teague Nall and Perkins is a qualified full- service engineering design firm and was selected through a qualifications-based process as required by State law. Prior to design, the existing storm drainage, sanitary sewer, and water systems will be surveyed and evaluated to determine if rehabilitation or reconstruction is required. In addition to new paving and sidewalk connections, landscaping, traffic improvements, and utility system repairs will be designed within the project limits. Legal Review: The City Attorney has reviewed the contract. Fiscal Impact: The fiscal impact of this Agenda item is $1,403,000.00, funded from undesignated fund balance of the General Fund, then reimbursed in accordance with the approval of a Reimbursement Resolution of a proposed 2023 bond sale. Recommendation: The Public Works Department recommends approval of this item. 228 Royal Lane Reconstruction,Bond Sales Fund,FY 2022ACreated in CIVIL3D1 INCH = 1 MILE0S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2022.dwg\TAX 2022ACreated on: 24 March 2022 by Scott Latta1/31/2 1 229 1 INCH = FT.010001000500Royal Lane Reconstruction,Bond Sales Fund,FY 2022ACreated in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2022.dwg\TAX 2022ACreated on: 24 March 2022 by Scott LattaAREA OF PROPOSEDSTREET REPLACEMENT2/3ROYAL LANEFOR CONTINUATION, SEE NEXT PAGE230 1 INCH = FT.010001000500Royal Lane Reconstruction,Bond Sales Fund,FY 2022ACreated in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2022.dwg\TAX 2022ACreated on: 24 March 2022 by Scott LattaAREA OF PROPOSEDSTREET REPLACEMENT3/3ROYAL LANE FOR CONTINUATION, SEE PREVIOUS PAGE231 Fort Worth5237 N. Riverside Drive, Suite 100Fort Worth, Texas 76137817.336.5773 Allen825 Watters Creek Blvd, Suite M300Allen, Texas 75013214.461.9867 Denton1517 Centre Place Drive, Suite 320Denton, Texas 76205940.383.4177 Registered by the Texas Board of Professional Engineers, Firm No. F-230 Registered by the Texas Board of Professional Surveyors, Firm No. 100116-00/100116-01 AUTHORIZATION FOR PROFESSIONAL SERVICES April 4, 2022 PROJECT NAME: Coppell Royal Lane Roadway Reconstruction CLIENT: City of Coppell Attn: Ms. Jamie Brierton 265 E. Parkway Blvd. Coppell, TX 75019 MGarza@coppelltx.gov P 972.304.3681 CONSULTANT: Matt Atkins, PE Teague Nall and Perkins, Inc. 825 Watters Creek Boulevard, Suite M300 Allen, Texas 75013 matkins@tnpinc.com P 214.461.9867, Direct P 972.833.6872 The City of Coppell (the “CLIENT”) hereby requests and authorizes Teague Nall & Perkins, Inc., (TNP, the “CONSULTANT”) to perform the following services: ARTICLE I PROJECT DESCRIPTION: The CONSULTANT shall provide roadway reconstruction engineering design services for approximately 10,400 linear feet of S Royal Lane between the Highway 635 Service Road and W Sandy Lake Road in Coppell, Texas. The project also includes the design of a new traffic signal at the intersection of S Royal Lane and Northpoint Drive, structural analysis of the Cottonwood Creek bridge structure and bridge class culvert at the intersection of S Royal Lane and W Bethel Road, and subsurface utility engineering services within the S Royal Lane right-of-way. An exhibit showing the project location and limits is provided as Attachment ‘E’. SCOPE: TNP appreciates this opportunity to be of service. A detailed description of the above scope is presented in Attachment ‘A’ and fees for these services are presented herein. ARTICLE II COMPENSATION to be on a basis of the following: Basic Services A. Boundary Verification and Topographic Survey (fixed fee): $115,500.00 B. 60% Preliminary Engineering Design (fixed fee): $455,000.00 C. 90% Pre-Final Engineering Design (fixed fee): $208,000.00 D. 100% Final Engineering Design (fixed fee): $ 80,000.00 E. Bidding Services (fixed fee): $ 12,000.00 F. Construction Administration (fixed fee): $ 23,000.00 G. Reimbursable Expenses (fixed fee): $ 40,900.00 Total Basic Services: $934,400.00 232 Coppell Royal Lane Roadway Reconstruction, Coppell, TX April 4, 2022 TBPE Firm No. F-230 TBPLS Firm No. 10011600 / 10011601 / 10194381 Special Services A. Water Design (fixed fee): $ 35,000.00 B. Sanitary Sewer Design (fixed fee): $ 30,000.00 C. Storm Sewer Design (fixed fee): $ 90,000.00 D. Traffic Signal Design (fixed fee): $ 33,400.00 E. TAS Plan Review and Inspection (fixed fee): $ 2,000.00 F. Structural Engineering Analysis Services (fixed fee): $ 8,700.00 G. Landscape Architecture Design (fixed fee): $125,000.00 H. Geotechnical Engineering Services (fixed fee): $ 16,000.00 I. Quality Level B/C/D SUE (fixed fee): $101,500.00 J. Quality Level A SUE Test Holes (reimbursable): $ 27,000.00 Total Special Services: $468,600.00 Total: $1,403,000.00 1. Direct Cost Reimbursables: A fee equal to 3% of labor billings shall be included on each monthly invoice for prints, plots, photocopies, plans or documents on CD, DVD or memory devices, and mileage. No individual or separate accounting of these items will be performed by TNP. Item “G” under Basic Services shows the total amount that will be billed for reimbursable expenses for Basic and Special Services. Any permit fees, filing fees, or other fees related to the project and paid on behalf of the client by TNP to other entities shall be invoiced at 1.10 times actual cost. 2. Work Outsourced to Others: For work done by others, shall be billed at the actual cost to the CONSULTANT of such services plus 10%. 3. Additional Services: Services requested by the CLIENT and provided the CONSULTANT which are not specifically included in the scope of services outlined above and defined in Attachment ‘A’ shall be reimbursed on an hourly basis at the CONSULTANT’s standard hourly rates. 4. Payment Terms: CLIENT shall be billed monthly for services rendered and pay promptly upon receipt of invoice. Delays of transmitting payments to CONSULTANT more than 30 days from invoice date may result in cessation of services until payment is received. ARTICLE III SCHEDULE: The services under this agreement will commence immediately upon scheduling with City officials. 233 Coppell Royal Lane Roadway Reconstruction, Coppell, TX April 4, 2022 TBPE Firm No. F-230 TBPLS Firm No. 10011600 / 10011601 / 10194381 ARTICLE IV CONTRACT PROVISIONS: Contract provisions are attached hereto and made a part hereof. Please execute and return a signed copy for our files. Receipt of an executed copy of this contract will serve as notice to proceed. No work shall commence on the project until CONSULTANT receives an executed copy of this contract. By signing below, the signer warrants that he or she is authorized to execute binding contracts for the CLIENT. Approved by CLIENT: Accepted by CONSULTANT: City of Coppell, Texas Teague Nall and Perkins Inc. By: By: Michael DeMotte, P.E. Title: Title: Director of Engineering Services Allen Office Date: Date: April 4, 2022* * This service agreement is void if not executed and returned to the CONSULTANT within 30 days of this date. 234 Coppell Royal Lane Roadway Reconstruction, Coppell, TX April 4, 2022 TBPE Firm No. F-230 TBPLS Firm No. 10011600 / 10011601 / 10194381 ATTACHMENT A 235 Coppell Royal Lane Roadway Reconstruction, Coppell, TX April 4, 2022 TBPE Firm No. F-230 TBPLS Firm No. 10011600 / 10011601 / 10194381 BASIC SERVICES: A. BOUNDARY VERIFICATION AND TOPOGRAPHIC SURVEY 1. Establish horizontal control points as needed throughout the project. The basis of bearings will be the Texas Coordinate System of 1983 (North Central Zone; NAD83 (2011) Epoch 2010). 2. Title research and deeds obtained of the subject property and the adjoining property owners. 3. A thorough investigation of boundary markers/corners will be made on the subject property and the adjoining property. 4. A boundary analysis of the property will be made by a Registered Professional Land Surveyor to establish the existing right-of-way. 5. Existing easements, including pedestrian and utility easements, within the project area and directly adjacent to the project limits shall be identified and incorporated into the topo. 6. A Property base will be prepared. 7. Establish vertical benchmarks as needed throughout the project. 8. The visible improvements such as curbs, walks, fences, buildings, signs, etc. will be located and shown on the survey. 9. Visible utilities such as power poles, manholes, valves, handholes, and markers will be located. 10. The property lines identified by the Boundary Verification will be incorporated into the topo. 11. Invert information will be collected for Storm Utilities and Sanitary Sewer Utilities if present on site. 12. Locate trees 6” and larger per City of Coppell’s Tree Ordinance. 13. Data will be delivered in Texas Coordinate System of 1983 North Central Zone (4202) scaled to Surface with a combined scale factor supplied. Vertical control will be based on City survey monumentation. 14. Deliverable: Existing Property Base and Topographic drawing in digital format showing 1foot contour intervals and the items listed above for design purposes. B. 60% PRELIMINARY ENGINEERING DESIGN 1. Project Meetings and Coordination i. The CONSULTANT will conduct / attend one (1) project kickoff meeting with the CLIENT to clarify responsibilities, coordinate the project schedule, and identify information needed from the CLIENT. The purpose of this meeting will be to identify and discuss key design elements and the CLIENT’s critical success factors. ii. At the beginning of the project, the CONSULTANT will establish a work plan and schedule for the various tasks (survey, design, etc.). The CONSULTANT will be responsible for the coordination, supervision, review, and implementation of work performed. iii. CONSULTANT will provide periodic Project Status Reports to the CLIENT with updates on the design status and any schedule updates. iv. CONSULTANT will conduct a Preliminary QC Workshop with CLIENT staff to review key design concepts (proposed roadway grades, proposed cross-sections, drainage approach, constructability, utility issues, 236 Coppell Royal Lane Roadway Reconstruction, Coppell, TX April 4, 2022 TBPE Firm No. F-230 TBPLS Firm No. 10011600 / 10011601 / 10194381 etc.). v. CONSULTANT will perform internal QA/QC reviews of plans, cost estimate, and bid book as needed. vi. CONSULTANT will coordinate with franchise utilities within the project area early in the design process and will provide them with 60% construction plans. CONSULTANT will coordinate with franchise utilities regarding any necessary relocations. vii. CONSULTANT will attend up to two (2) coordination meetings with DART to discuss DART’s upcoming plans to add a track crossing S Royal Lane. Scope does not include additional meetings with DART, and it is assumed that no permitting or permissions will be required by DART for the proposed work. CONSULTANT can provide services to support DART permitting as an Additional Service for an additional fee, if requested by CLIENT. 2. The CONSULTANT will collect, compile, and evaluate available record drawings and other pertinent data from the CLIENT and other entities that provide existing information related to the design of the project. 3. Develop a Design Criteria Matrix of all applicable design components and submit with each construction plans submittal for CLIENT review and confirmation. 4. Develop complete and accurate base map in AutoCAD Civil 3D showing all existing Right-of-Way (ROW), easements, and utilities (based on available record information). 5. Develop paving/roadway design, including the following: i. Confirm typical section, City specifications, and City construction details ii. Evaluate sidewalks/curb ramps for ADA Accessibility issues iii. Evaluate visibility at intersections iv. Develop horizontal alignment and vertical profile of roadway v. Cut cross sections along the road centerline to evaluate grading at minimum 50’ intervals and at additional critical locations (such as intersecting cross-street and driveway locations) vi. Specify streetlight and conduit locations in accordance with City ordinances to be included on construction plans vii. Review and finalize proposed vertical profile, checking for critical points viii. Review and finalize paving cross sections 6. Develop drainage analysis and inlet design, including the following: i. Review and confirm City standard specifications and details ii. Incorporate LIDAR contours into base map as necessary to delineate offsite drainage basins draining towards the project area iii. Delineate drainage basins/sub-basins iv. Analyze street and inlet capacities v. Prepare drainage area map plan sheet vi. Prepare inlet calculations in spreadsheet format 7. Prepare 60% construction plans including the following sheets: i. Cover Sheet: This sheet will include basic construction plan information including contact information, title, sheet index, vicinity map, and various other items included within TNP’s template. This project assumes TNP’s Cover Sheet and Title block will be used for the construction plans. ii. General Construction Notes Sheet(s): This sheet will include the CONSULTANT’s best practices general notes that are applicable to this particular project. Additional sheets will be included for the standard notes required by the City. 237 Coppell Royal Lane Roadway Reconstruction, Coppell, TX April 4, 2022 TBPE Firm No. F-230 TBPLS Firm No. 10011600 / 10011601 / 10194381 iii. Horizontal and Vertical Control Sheet(s): This sheet will contain original topographic and boundary survey information and will be shown void of all proposed improvements. Horizontal and vertical control points and information will be provided for reference purposes only. iv. Demolition Plan Sheet(s): This plan will be prepared showing the extents of demolition and abandonment that will be required for the proposed improvements. The necessary concrete pavement, trees, pavement markings, water lines, vaults, etc. that are required to be relocated, demolished, or abandoned will be included if needed. v. Roadway Paving Plan & Profile Sheet(s): This sheet will be prepared in accordance with the CONSULTANT’s best practices approach and the CLIENT’s requirements. This plan sheet will generally include existing ground centerline, existing curb on both sides, proposed grade of the roadway and/or drives, roadway slopes, vertical and horizontal curve geometry, proposed grade elevations, grade breaks, street light locations, and other pertinent data as warranted by the specific project. The CONSULTANT understands that the proposed layout will match the existing road widths and number of lanes and proposed sidewalk will be added to one side of the road only. Design will include driveway connections up to the curb returns or to match existing grades. vi. Cross Section Sheet(s): This sheet will show cross sections along the road centerline at a minimum of 50’ intervals. Cross sections will also be added at additional critical locations such as intersecting cross-street and driveway locations. vii. Drainage Area Map Sheet(s): This sheet will contain original topographic and boundary survey information as well as supplemental information in the form of GIS, LIDAR, or alternative information concerning areas that are external to the site. The map will be produced analyzing the existing conditions of the site. This will include the necessary area calculations, analysis of C-Factors, discharge points, and flow rates of storm water per the governing authority requirements. viii. Inlet Calculations and Design Sheet(s): This sheet will contain the locations, calculations, and sizes of proposed inlets. It is assumed that proposed inlets will be installed to replace the existing inlets, and additional inlet locations are not included in this scope. ix. Traffic Control and Construction Sequence Plan Sheet(s): These sheets will illustrate the construction sequencing required to maintain access while constructing the proposed improvements. Phases of construction will be developed along with suggested work zone traffic control devices based upon the Manual on Uniform Traffic Control Devices (MUTCD). x. Construction Detail Sheet(s): These sheets will be prepared to include project specific construction details utilizing the City of Coppell Standard Construction Details. These details will include elements of the project for paving, curbs, and erosion control. xi. Landscape and Irrigation Plan Sheet(s): See Special Services “G” for details. xii. Traffic Signal Plan Sheet(s): See Special Services “D” for details. 8. Utility design is not included as a Basic Service under this scope. If it is determined that design of storm sewer, water, or sanitary sewer will be added to this project, the corresponding Special Service will be added to the project scope. Additional plan sheets for added utility design(s) will be incorporated into 60% construction plans as needed. 9. CONSULTANT will provide CLIENT with preliminary 60% construction plans in PDF format and will provide hard copies at CLIENT’s request. 10. Prepare an estimate of construction quantities and develop preliminary statement of probable construction 238 Coppell Royal Lane Roadway Reconstruction, Coppell, TX April 4, 2022 TBPE Firm No. F-230 TBPLS Firm No. 10011600 / 10011601 / 10194381 cost. 11. Prepare preliminary draft of bid documents using City provided templates. i. For front-end specifications including the Construction Contract, Bid Form, Bonds, and General and Supplementary Conditions of the Construction Contract, the CONSULTANT shall utilize forms provided by the CLIENT. ii. The October 2004 version of the North Central Texas Council of Government (NCTCOG) Standard Specifications for Public Works Construction will be used for technical specifications and will be incorporated by reference. iii. Special applicable technical specifications will be prepared (if necessary) for any items that deviate from the NCTCOG specifications. iv. Contents of bid documents will generally include the following: 1. Cover 2. Table of Contents 3. Invitation to Bidders 4. Instructions to Bidders 5. Bid Form 6. Bid Bond 7. Construction Contract 8. General Conditions 9. Supplementary Conditions 10. Technical Specifications (NCTCOG to be incorporated by reference) 11. Bid Item Descriptions C. 90% PRE-FINAL ENGINEERING DESIGN 1. Provide project management activities as necessary to properly manage the project, including periodic internal project progress meetings and providing periodic Project Status Reports (including schedule updates) to CLIENT. 2. CONSULTANT will continue coordination with franchise utilities regarding any necessary relocations. 3. Revise construction plans to incorporate CLIENT feedback from Preliminary QC Workshop and 60% City review comments. 4. Add the following sheets to construction plans: i. Erosion Control Plan Sheet(s): This sheet will be prepared in accordance with City guidelines. A formal SWPPP is not included in this scope as it is assumed that the contractor will supply this document. We can provide this document as an additional service if requested. This plan will include the required information for managing erosive forces during construction utilizing silt fence, stabilized construction entrance(s), check dams, and other control structures. This effort assumes a catch basin will not be required for this project. Should this effort be required, it can be provided at an additional fee. ii. Striping & Signage Plan Sheet(s): This sheet will contain the layout of the roadway in relation to the necessary striping and signage for traffic control. The design will be based on CLIENT criteria as well as the Manual on Uniform Traffic Control Devices (MUTCD). 5. Utility design is not included as a Basic Service under this scope. If it is determined that design of storm sewer, water, or sanitary sewer will be added to this project, the corresponding Special Service will be added to the project scope. Additional plan sheets for added utility design(s) will be incorporated into 90% construction plans as needed. 6. CONSULTANT will provide CLIENT with pre-final construction plans in PDF format and will provide hard 239 Coppell Royal Lane Roadway Reconstruction, Coppell, TX April 4, 2022 TBPE Firm No. F-230 TBPLS Firm No. 10011600 / 10011601 / 10194381 copies at CLIENT’s request. 7. Update estimate of construction quantities and develop pre-final statement of probable construction cost. 8. Update draft of bid documents as needed. 9. After the City completes its review of the pre-final plans, the CONSULTANT shall schedule a meeting to discuss the City’s review comments. D. 100% FINAL ENGINEERING DESIGN 1. Provide project management activities as necessary to properly manage the project, including periodic internal project progress meetings and providing periodic Project Status Reports (including schedule updates) to CLIENT. 2. CONSULTANT will continue coordination with franchise utilities regarding any necessary relocations and will provide them with 100% construction plans. 3. Revise construction plans to incorporate 90% City review comments. 4. Utility design is not included as a Basic Service under this scope. If it is determined that design of storm sewer, water, or sanitary sewer will be added to this project, the corresponding Special Service will be added to the project scope. Additional plan sheets for added utility design(s) will be incorporated into 100% construction plans as needed. 5. CONSULTANT will provide CLIENT with final construction plans in PDF and CAD formats and will provide hard copies at CLIENT’s request. 6. Update estimate of construction quantities and develop final statement of probable construction cost. i. Note that this estimate is made on the basis of the CONSULTANT’s experience and judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must be by necessity and speculative in nature until completion of its actual detailed design. In addition, the CONSULTANT has no control over the cost of labor, materials or services to be furnished by others or over market conditions. Accordingly, the CONSULTANT cannot guarantee that actual costs will not vary from the opinions expressed. 7. Prepare final bid documents to be used for bidding. Documents related to the front-end specifications and technical specifications shall be reviewed and approved by the CLIENT prior to distribution to potential contractors, as provided herein. E. BIDDING SERVICES 1. Assist the City staff in advertising for bids. 2. CONSULTANT will post the plans and bid documents to Civcast (or similar online plan room) for access by potential bidders, vendors, and suppliers. It is anticipated that Civcast will be the primary means of prospective bidders accessing the plans and specifications. 3. Prepare up to fifteen (15) sets of plans and specifications for distribution to prospective bidders and City staff. A non-refundable deposit will be required of prospective bidders for the plans and specifications. Production of additional sets of bidding documents shall be provided as an Additional Service and billed to the City at TNP’s standard reproduction rates. 4. Prepare for and conduct Pre-Bid Meeting. 240 Coppell Royal Lane Roadway Reconstruction, Coppell, TX April 4, 2022 TBPE Firm No. F-230 TBPLS Firm No. 10011600 / 10011601 / 10194381 5. Assist City by responding to Contractor questions during bidding. 6. Issue addenda to bid documents as necessary. 7. Attend and assist City staff at the Bid Opening. 8. Provide bid tabulation (Excel) to the City within four (4) working days of the bid opening. 9. Evaluate the low and second low bidders. The review and evaluation will include such factors as work previously completed, equipment that is available for the work, publicly available financial resources, technical experience, and responses from references. Prepare a letter of recommendation to the City for awarding a contract to the lowest responsible bidder within four (4) working days of the bid opening. F. CONSTRUCTION ADMINISTRATION SERVICES 1. The CONSULTANT will assist City staff in a Pre-Construction Conference prior to commencement of work at the site. 2. The CONSULTANT will prepare exhibits and presentation for one (1) public meeting to present the project and proposed improvements. 3. The CONSULTANT will provide limited on-site construction observation services during construction phase, but the CONSULTANT will visit the site as directed by the City. Regular site visits shall be provided during active construction periods in order to observe the progress of the work. Such visits and observations are not intended to be exhaustive or to extend to every aspect of the Contractor’s work in progress. Observations are to be limited to confirming general conformance with the plans and specifications. Detailed daily construction inspection will be performed by the City. 4. The CONSULTANT will recommend to the CLIENT that the Contractor’s work be disapproved and rejected while it is in progress if, on the basis of observations noted above, the CONSULTANT believes that such work will not produce a completed project that conforms generally to the Contract Documents. 5. The CONSULTANT will respond to reasonable Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents. Any orders authorizing variations from the Contract Documents will be made by the CLIENT. 6. 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. 7. The CONSULTANT will review and approve/comment on all submittals submitted by the Contractor. The review will only be for general conformance with the information given in the Contract Documents. 8. The CONSULTANT will evaluate and determine acceptability of substitute or “or-equal” materials and equipment proposed by Contractor in accordance with the Contract Documents. 9. The CONSULTANT shall review the Contractor’s applications for payment and accompanying supporting documentation. The CONSULTANT will issue a recommendation for payment in writing to the CLIENT. 10. The CONSULTANT will, upon notice and invitation from the CLIENT, perform a site visit to determine if the work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items in the Contract Documents apart from items identified on a final punch list. 11. The CONSULTANT will participate in a final site visit with the CLIENT and Contractor to determine if the completed work is generally in accordance with the Contract Documents and punch list so that the 241 Coppell Royal Lane Roadway Reconstruction, Coppell, TX April 4, 2022 TBPE Firm No. F-230 TBPLS Firm No. 10011600 / 10011601 / 10194381 CONSULTANT can recommend, in writing, final payment to the Contractor. 12. Upon receipt of comments from the City’s Inspector and the Contractor, the CONSULTANT will prepare the Record Drawings. Record Drawings will be revisions to the construction drawings that reflect changes during the construction process reported to the CONSULTANT. One (1) set of Record Drawings will be delivered to the CLIENT. The CONSULTANT will also provide an electronic file of Record Drawings as PDF’s and an AutoCAD base file of the Project. SPECIAL SERVICES: A. WATER DESIGN 1. If the CLIENT decides to include water utility design, this Special Service will be provided. The decision to add water utility design to the project scope must be conveyed to the CONSULTANT by the CLIENT prior to the 60% City submittal to avoid additional fees for redesign effort. A maximum of 5,200 linear feet of water utility design improvements and/or replacements is included in this scope. Design for water utilities beyond this maximum length will require an additional fee. 2. Develop potable water system design, including the following: i. Review and confirm City standard specifications and details ii. Establish/Revise horizontal alignment as necessary iii. Create alignment in AutoCAD Civil3D iv. Create water line profile(s) v. Evaluate potential conflicts vi. Locate, verify, and address all water services and water meter locations vii. Check valve spacing and address as necessary viii. Check hydrant spacing and address as necessary 3. The following sheets will be added to construction plans for 60%, 90%, and 100% design levels: i. Water Plan Sheet(s): This sheet will be prepared showing water utility services only. Design will be based on the City criteria or standard practice as well as applicable governing agencies (TCEQ). We have assumed that adequate water service to the project area is available. ii. Water Profile Sheet(s): This sheet will be prepared showing water profiles for all lines 12-Inch and greater. This sheet will generally include the existing ground, proposed grade, pipe size and slope, vertical bend information, valve callouts and locations, utility crossing data, and other pertinent data should it be warranted to the specific project. Please note, lines smaller than 12-Inch will not be profiled, including fire hydrant leads and service connections, unless specifically requested by the CLIENT. Additional fees may apply for the production effort associated with this work. B. SANITARY SEWER DESIGN 1. If the CLIENT decides to include sanitary sewer utility design, this Special Service will be provided. The decision to add sanitary sewer utility design to the project scope must be conveyed to the CONSULTANT by the CLIENT prior to the 60% City submittal to avoid additional fees for redesign effort. A maximum of 5,200 linear feet of sanitary sewer utility design improvements and/or replacements is included in this scope. Design for sanitary sewer utilities beyond this maximum length will require an additional fee. 2. Develop sanitary sewer system design, including the following: 242 Coppell Royal Lane Roadway Reconstruction, Coppell, TX April 4, 2022 TBPE Firm No. F-230 TBPLS Firm No. 10011600 / 10011601 / 10194381 i. Review and confirm City standard specifications and details ii. Consider replacement options including pipe bursting iii. Establish location of new alignment iv. Verify and confirm pipe size with City v. Create alignment in AutoCAD Civil3D and vertical profile. Establish vertical elevations and address any potential conflicts with the storm sewer system, potable water, and franchise utilities vi. Locate and verify manhole spacing vii. Locate, verify, and address all services using record drawings 3. The following sheets will be added to construction plans for 60%, 90%, and 100% design levels: i. Sanitary Sewer Plan Sheet(s): This sheet will be prepared showing sanitary sewer utility services only. Design will be based on the City criteria or standard practice as well as applicable governing agencies (TCEQ). ii. Sanitary Sewer Profile Sheet(s): This sheet will be prepared showing on-site sanitary sewer profiles for all lines 6-Inch and greater. This sheet will generally include the existing ground, proposed grade, pipe size and slope, structure callouts and locations, utility crossing data, and other pertinent data should it be warranted to the specific project. Please note, lines smaller than 6-Inch will not be profiled, including service connections, unless specifically requested by the CLIENT. Additional fees may apply for the production effort associated with this work. Flow calculations and downstream capacity analysis are additional services. C. STORM SEWER DESIGN 1. If the CLIENT decides to include storm sewer utility design, this Special Service will be provided. The decision to add storm sewer utility design to the project scope must be conveyed to the CONSULTANT by the CLIENT prior to the 60% City submittal to avoid additional fees for redesign effort. A maximum of 5,200 linear feet of storm sewer utility design improvements and/or replacements is included in this scope. Design for storm sewer utilities beyond this maximum length will require an additional fee. 2. Develop drainage analysis and storm sewer design, including the following: i. Determine starting HGL based on record documents or to match current City Criteria (assumed HGL) ii. Size storm sewer system to comply with the City drainage criteria. iii. Analyze storm sewer pipe sizes iv. Prepare HGL calculations in spreadsheet format v. Prepare calculation sheets vi. Prepare plan and profile sheets for storm sewer trunk lines, culverts, and lateral lines 3. The following sheets will be added to construction plans for 60%, 90%, and 100% design levels: i. Storm Drainage Plan Sheet(s): This sheet will be prepared showing drainage structures and conduit for conveyance of storm water to the proposed outfall and/or downstream system. This plan will include the required information from the reviewing authority including HGL computations utilizing StormCAD or other acceptable means of computation. ii. Storm Drainage Profile Sheet(s): This sheet will be prepared showing the profile views of each applicable storm drain conduit include truck lines and culverts. This sheet will generally include the existing ground, proposed grade, pipe size and slope, hydraulic data, connection callouts, structure callouts, and the 100- Year HGL line. Additional pertinent data will be included should it be warranted to the specific project. Please note, private storm drain laterals will not be profiled unless requested by the CLIENT. Additional fees may apply for the production effort associated with this work. 243 Coppell Royal Lane Roadway Reconstruction, Coppell, TX April 4, 2022 TBPE Firm No. F-230 TBPLS Firm No. 10011600 / 10011601 / 10194381 D. TRAFFIC SIGNAL DESIGN 1. Design Management: CONSULTANT will gather data on the proposed/existing roadway sections at the intersection (electronic CAD format). This data will include existing survey files, existing or proposed roadway files including paving, cross sections, plans and profiles and bridge layouts, and existing and proposed right- of-way and utility files. CONSULTANT will also gather information from the City on signal design format and preferences. Based on the information provided, CONSULTANT will prepare signalization plans. 2. 60% Preliminary Traffic Signal Plans: CONSULTANT shall prepare and incorporate traffic signal plans into 60% Preliminary Design Plans submittal to the City. Preliminary Design Plans must be approved by the City prior to commencing with the preparation of Pre-Final Design Plans. Preliminary Design Plans will be prepared by following the steps described below: i. Develop plan sheets for permanent traffic signal. ii. The 60% traffic signal design plans will detail location of poles and foundations, signal cabinet, power source, signal heads, vehicle detectors, and emergency vehicle pre-emption. iii. Prepare the following plan sheets for the preliminary (60%) design plans: 1. General notes 2. Summary of estimated quantities 3. Existing conditions and removals plan sheet 4. Traffic signal design plan sheet 5. Signal design summary tables and charts 6. City and/or TxDOT standard detail sheets 3. 90% Pre-Final Traffic Signal Plans: CONSULTANT shall prepare and incorporate traffic signal plans into 90% Pre-Final Design Plans submittal to the City. At the time of submittal of the Pre-Final Design Plans, any supporting studies and/or calculations shall be submitted for review by the City. Pre-Final Design Plans must be approved by the City prior to the CONSULTANT commencing with the preparation of Final Design Plans. Pre-Final Design Plans will be prepared by following the steps described below: i. Attend one virtual design review meeting with City/TxDOT staff. ii. Receive and incorporate review comments from the City/TxDOT on the preliminary 60% plans. iii. Prepare the following plan sheets for the pre-final (90%) design plans: 1. General notes 2. Summary of estimated quantities 3. Existing conditions and removals plan sheet 4. Traffic signal design plan sheet 5. Signal design summary tables and charts 6. City and/or TxDOT standard detail sheets iv. Assemble standard construction contract documents and modify special technical specifications, if needed, for the project (if any). v. Prepare an estimate of construction quantities and develop the pre-final opinion of probable construction costs for permanent traffic signal elements. 4. 100% Final Traffic Signal Plans: CONSULTANT shall prepare and incorporate traffic signal plans into 100% Final Design Plans submittal to the City. At the time of submittal of the Final Design Plans, any supporting studies and/or calculations shall be submitted. Final Design Plans will be prepared by following the steps described below: i. Attend one virtual comment review meeting with City staff. ii. Receive comments from the City/TxDOT on the 90% plans. iii. Incorporate review comments from 90% plans. iv. Finalize construction contract documents including special technical specifications and special conditions (if any). 244 Coppell Royal Lane Roadway Reconstruction, Coppell, TX April 4, 2022 TBPE Firm No. F-230 TBPLS Firm No. 10011600 / 10011601 / 10194381 v. Prepare estimates of final construction quantities and final opinions of construction costs for permanent traffic signal elements. E. TAS PLAN REVIEW AND INSPECTION (TO BE CONDUCTED BY SUBCONSULTANT) 1. The CONSULTANT will perform one (1) review of all plan documents in accordance with the rules of the Texas Department of Licensing and Regulation (TDLR). Review will be completed by a Registered Accessibility Specialist. 2. A final inspection of new construction or altered space will be performed within one year of completion to verify the requirements of the Texas Accessibility Standards have been met. 3. The CONSULTANT will register the project with TDLR. F. STRUCTURAL ENGINEERING ANALYSIS SERVICES 1. Structural evaluation of two (2) structures are included in this scope: the Cottonwood Creek bridge structure on S Royal Lane and the bridge class culvert at the intersection of S Royal Lane and W Bethel Road. The evaluation will assess the severity of any structural deficiencies requiring structural repairs, evaluate traffic/public safety deficiency repairs and channel erosion/scour repairs and recommend, and prioritize repairs to be addressed. The CONSULTANT will perform the following: i. Data Collection 1. CONSULTANT shall collect all available TxDOT bridge and culvert inspection reports, location maps, as-built drawings, site photos and documents that pertain to each structure to assist in identifying potential deficiencies. ii. Data Evaluation 1. Review all available data, TxDOT inspection reports and Bridge Division PonTex Detail Bridge Report and Coding Guide for each bridge and culvert to identify structural element ratings and level of distress. Coordinate with TxDOT BRINSAP Inspection Staff. 2. Perform field inspections and field verify critical deficiencies and assess specific structural bridge elements, approach roadway and traffic safety elements of each bridge that require repair or replacement in a prioritized order based upon severity of deficiency and critical structural component ratings. iii. Deliverables 1. Prepare a report that summarizes our review process and findings and provides observations and repair recommendations for critical deficiency items. 2. Prepare a spreadsheet log that covers all structures, lists their critical deficiencies, and prioritizes them in a sequential order of deficiency severity or urgency of repairs. 3. Prepare bridge and culvert structure estimate of probable construction costs for each critical deficiency identified as needing repairs. 2. If structural evaluation determines that work needs to be done on the structures, modifications to scope of this work will be added. Additional services that are not included in this scope but may be added as an additional service include the following: i. Preparation of structural repair plans, details, and specifications; ii. Bidding and/or construction phase services; iii. Bridge structure as-built survey, upstream and downstream channel and rip rap field survey; iv. Subsurface Utility research services and Hydraulic/Hydrologic modeling; v. Geotechnical investigation for foundations and structural design. 245 Coppell Royal Lane Roadway Reconstruction, Coppell, TX April 4, 2022 TBPE Firm No. F-230 TBPLS Firm No. 10011600 / 10011601 / 10194381 G. LANDSCAPE ARCHITECTURE DESIGN 1. Landscape and irrigation plans will be prepared and incorporated into construction plans for 60%, 90%, and 100% design levels. 2. Coordinate with the City to incorporate the City’s landscape standards and streetscape guidelines. 3. Develop an appropriate plant palette for the medians which addresses vehicular safety, sight distances, and maintenance needs. Plant palettes shall include turf, ground cover, ornamental grasses, accent plants, perennials, annuals, shrubs, ornamental trees, shade trees and screening plants as desired by City. It is understood that the City’s intent is to match the style of the medians on Sandy Lake Road. 4. Coordinate with the City on irrigation standards. 5. Determine and recommend irrigation types for trees, shrub beds, and turf. 6. Coordinate with City to determine locations for meters, controllers, and service connections. 7. Coordinate with the City to determine locations for enhanced pavement (e.g. stamped concrete) for elements such as crosswalks, median noses, etc. 8. Coordinate with the City to determine locations for enhanced entry monuments. 9. Develop plans for the proposed curvilinear sidewalks and hike/bike trail. H. GEOTECHNICAL ENGINEERING SERVICES (TO BE CONDUCTED BY SUBCONSULTANT) 1. Field Investigation: Eleven (11) drilling test borings will be drilled within the roadway alignment at approximately 1,000-foot intervals to depths of ten (10) feet below the top of roadway. i. Subsurface soil samples will be secured with thin-walled tube and/or split spoon samples depending on soil type and consistency. Rock encountered in the borings will be evaluated using the Texas Department of Transportation Penetrometer (TxDOT Cone). All samples will be properly logged, packaged, sealed, and placed in a core box for transportation to the laboratory. The test borings will be backfilled with soil cuttings upon drilling completion. ii. The pavement will be cored prior to drilling the test borings. The pavement will be measured for thickness and recorded. iii. Subconsultant assumes that the client has the right-of-entry to the property and that the boring locations will be accessible to their drilling equipment during normal working hours. Should unusual soil conditions be encountered, subconsultant will call with a recommendation and cost estimate to explore these unusual conditions. iv. Traffic control consisting of safety cones, signs and possibly arrow board have been included in this proposal for these borings. Traffic control consisting of crash truck, flag men, etc is not included in this proposal. These traffic control items can be quoted upon request if required. v. Subconsultant will contact Texas 811 and the City of Coppell’s Water Department to have them locate underground utilities. However, subconsultant is not responsible for damage to underground utilities that are not identified prior to drilling. 2. Laboratory Investigation: Laboratory tests will be conducted to classify the soil and to evaluate the volume change potential and strength of the soil present at the site. Soil classification tests will consist of Atterberg limits (plasticity index), moisture content and dry unit weight. The volume change potential of the soils will be evaluated by swell tests. The strength of the soil will be estimated using hand penetrometer test. In addition, lime / PI series test and soluble sulfate test will also be performed on selected clay samples. 3. Engineering Analyses: Results of field and laboratory work will be presented in an engineering report. The 246 Coppell Royal Lane Roadway Reconstruction, Coppell, TX April 4, 2022 TBPE Firm No. F-230 TBPLS Firm No. 10011600 / 10011601 / 10194381 report will include recommendations to guide design and construction of the foundations and will include the following: i. Plan of borings, boring logs, water level observations, and laboratory test results. ii. Measurements of pavement core thicknesses. iii. Pavement thickness recommendations based upon design traffic data provided by CLIENT. iv. Pavement subgrade stabilization recommendations. v. Comments on the presence and effect of expansive soils on pavement construction will be provided. Alternative methods of reducing any anticipated shrink/swell movements associated with expansive clays will be included for pavement construction, if required. vi. Recommendation of site grading and compaction of earthwork will be presented. I. QUALITY LEVEL B/C/D SUBSURFACE UTILITY ENGINEERING (SUE) SERVICES 1. General Understanding: The following represents the general understanding between the CLIENT and CONSULTANT regarding the basis and/or limitations under which these subsurface utility designating and/or locating services are provided: a. These services will be conducted and provided in general compliance with CI/ASCE 38-02 (Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data). This standard establishes and defines four quality levels for data collection that are briefly described as: i. Quality Level D (QL-“D”) – Generally QL-“D” indicates information collected or derived from research of existing records and/or oral discussions. ii. Quality Level C ( QL-“C”) - Generally QL-“C” indicates information obtained by surveying and plotting visible above-ground utility features and by using professional judgment in correlating this information to QL-“D” information. Incorporates QL-“D” information. (Limited in this scope, this scope is to cover underground utility crossings) iii. Quality Level B (QL-“B”) – Generally QL-“B”, also known as “designating” indicates information obtained through the application of appropriate surface geophysical methods to determine the existence and approximate horizontal position of subsurface utilities. Quality level B data should be reproducible by surface geophysics at any point of their depiction. This information is surveyed to applicable tolerances defined by the project and reduced onto plan documents. Incorporates QL-“D” & QL-“C” information. iv. Quality Level A (QL-“A”) - Generally QL-“A”, also known as “locating”, indicates the precise horizontal and vertical location of utilities obtained by the actual exposure (or verification of previously exposed and surveyed utilities) and subsequent measurement of subsurface utilities, at a specific point. Incorporates QL-“D” QL-“C” & QL-“B” information. b. These services are for the purpose of aiding the design of the subject project by providing information related to subsurface utilities in order to allow potential utility conflicts to be minimized or eliminated. c. The CONSULTANT will provide services that meet the standard of care for existing subsurface utility location and mapping as established in CI/ASCE 38-02 by exercising due diligence with regard to records research and acquisition of utility information, including visually inspecting the work area for evidence of utilities and reviewing the available utility record information from the various utility owners. However, the CONSULTANT makes no guarantee that all utilities can or will be identified and shown as there still may be utilities within the project area that are undetectable or unknown. d. Facilities that are discovered through field investigative efforts by the CONSULTANT but no plan records or ownership data can be identified will be hereafter referred to as “unknown” utilities. As part of these services, the CONSULTANT will provide QL-C information in the project deliverables for all unknown utilities that may be identified in the field investigation of the 247 Coppell Royal Lane Roadway Reconstruction, Coppell, TX April 4, 2022 TBPE Firm No. F-230 TBPLS Firm No. 10011600 / 10011601 / 10194381 project. Designating and/or locating unknown utilities will typically not be part of the initial scope of work but depending on the CLIENT’s needs can be added as additional work to address concerns of the project impacts of “unknown” facilities. e. Ground penetrating radar will not be used as a part of the field investigation of the project site unless that use has been specifically addressed with the scope of services described herein. f. Test holes are very limited in size or diameter (typically 12 inches by 12 inches, or approximately 144 square inches). Given this limited size, some subsurface conditions may prevent the completion of test holes, including rock(s), groundwater, large roots, other utilities & structures, etc. Test hole attempts which cannot be completed due to site conditions will be documented and noted on the plans. g. When test holes are used to locate utilities, the nominal pipe sizes of the targeted utility will be documented and reported by using field measurements of the outside diameter (OD) of the pipe (to the nearest inch). Based upon this field measured OD, the nominal pipe size will be determined using typical pipe wall thickness data and other available data including record information. Pipe diameters that are too large for measurement, encased or non-encased conduit duct banks and other concrete encased systems which cannot be adequately measured will be reported based upon the best available information. h. The documented results produced by these services represent a professional opinion and interpretation based upon record information and/or field evidence. These results may be affected by a variety of existing site conditions, including soil content, depth of the utility, density of utility clusters, and electro-magnetic characteristics of the targeted utilities. Also, the lack of and/or poor condition of a trace wire for non-conductive materials such as PVC, HDPE, etc. in most cases will make the successful detection and location of the utility unlikely. i. The CONSULTANT will apply professional judgment to determine which utilities require additional field effort and/or methods to properly designate and/or locate, most commonly when record drawings are not available. In such cases, the CONSULTANT will provide a recommendation or request for additional services to the CLIENT. Among other methods, a detectable duct rodder or other conductor may be introduced into the line to enable the designation of the utility. This method is dependent upon approval by the utility owner, as well as access to, size and condition of the utility. j. None of these services are intended to and should not be understood to relieve the CLIENT or others from the responsibility to comply with the statutory requirements related to notifying the proper one-call system(s) in advance of any and all excavation, grading and/or construction within the project site. k. Overhead utilities will not be surveyed nor mapped as part of the SUE scope. 2. CONSULTANT will provide utility information up to QL-“B” within the right-of-way for the approximately 10,400 linear feet of S Royal Lane from IH 635 North Frontage Road to Sandy Lake Road. It is estimated that there are six (6) utilities giving a total length of 62,100 linear feet of utilities. This investigation will not include water, sanitary sewer, and/or storm sewer and these utilities are not included in the total utilities length shown above. 3. This work includes: i. Requesting utility records on all crossing utilities from the CLIENT, public utilities and private utility companies known to provide service within the project area, as well as other sources, in an effort to develop a comprehensive inventory of utility systems likely to be encountered. Record documents may include construction plans, system diagrams, distribution maps, transmission maps, geographic information system data, as well as oral descriptions of the existing systems. The depiction of utilities from records (QL-“C” or “D”) will be based on thorough field and office activities and shall be based on the most reliable indication of position available. 248 Coppell Royal Lane Roadway Reconstruction, Coppell, TX April 4, 2022 TBPE Firm No. F-230 TBPLS Firm No. 10011600 / 10011601 / 10194381 ii. Visible surface features and appurtenances of subsurface utilities found within the project site will also be evaluated. Using appropriate surface geophysical methods, CONSULTANT will search for detectible indications of the location of anticipated subsurface utilities. iii. Marking all locations that can be validated, using paint, flags, or other devices. iv. Preparing documentation of the utilities encountered and marked, including their general location, orientation, type and size, if known. v. Level B/C/D- based on ASCE Standard 38-02 and shall include a 2d CADD file depicting the subsurface utilities designated. J. QUALITY LEVEL A SUBSURFACE UTILITY ENGINEERING (SUE) TEST HOLES 1. CONSULTANT will excavate by air-vacuum or other minimally invasive methods up to ten (10) test holes, at locations yet to be determined within the project limits in order to identify the exact horizontal and vertical locations of crucial utility. Services will be provided on a per each basis, at a fee of $2,700 per test hole. If locating the end of casing is requested the cost will be based on an hourly charge based on the fee schedule attached. This work includes: i. Providing all necessary personnel, equipment, supplies, management, and supervision needed for the test hole excavation, backfill, and restoration. ii. Coordinating with CLIENT as needed to confirm right-of-entry has been secured by the CLIENT. iii. Contacting the appropriate one-call system to request utilities to be marked on-the-ground prior to beginning excavation of test hole. iv. Providing and utilizing appropriate traffic control devices, as necessary, in conformance with the MUTCD, including any state or locally adopted supplements. (If closures or additional traffic control equipment is needed other than signs and cones, then additional direct expenses will be charged.) v. Preparing documentation for each test hole attempted. This documentation will include the horizontal and vertical position of the targeted utility or structure, a general description of the target utility, with condition, material and general orientation noted, a generalized description of the material encountered in the test hole, and any other field observations noted during the excavation. 249 Coppell Royal Lane Roadway Reconstruction, Coppell, TX April 4, 2022 TBPE Firm No. F-230 TBPLS Firm No. 10011600 / 10011601 / 10194381 ATTACHMENT B ASSUMPTIONS, EXCLUSIONS, AND ADDITIONAL SERVICES The intent of this scope of services is to include only the services specifically listed herein. Services specifically excluded from this scope of services include, but are not necessarily limited to the following: a.) Marketing exhibits; b.) Public meetings in addition to those specifically outlined in Attachment ‘A’; c.) Meetings in addition to those specifically outlined in Attachment ‘A’; d.) Resident Construction Representation Services are not included in this scope; e.) Work related to acquiring easements or right-of-way; f.) Proposed TxDOT right-of-way takings, which result in significant redesign efforts; g.) DART coordination meetings in additional to those specifically outlined in Attachment ‘A’; h.) Preparation of documents for proposed easements is excluded from this scope; i.) Construction Staking; it can be provided upon request; j.) The CLIENT is responsible for securing ROE for the pedestrian survey for all portions of the project area prior to giving notice-to-proceed (NTP) with fieldwork; k.) Subcontract charges that are not defined specifically within this scope; l.) Storm Water Pollution Prevention Plan, unless approved as an additional service; m.) FEMA Flood Plain Studies, assessments, amendments; n.) It is assumed that there are no wetlands, waters of the US, or other jurisdictional waters applicable to this site requiring Corps of Engineers permitting; o.) Any off-site studies and design: drainage, water, sanitary sewer, etc. that are not defined specifically within this scope; p.) Wastewater shall be designed as a gravity system; design of grinder pumps and/or lift stations are not included within this scope; q.) Water and/or Sewer Studies and modeling; r.) Gas and franchise utility design; s.) Correspondence and work requests related to Franchise Utility Design; t.) Environmental services; u.) No Texas Historical Commission submittals or other related services are included in this scope; v.) Traffic Studies or counts and traffic analysis; w.) No traffic signal design at other intersections not specifically outlined in Attachment ‘A’; x.) Photometric plan is not included in this scope; y.) Illumination study is not included in this scope; z.) Design will match existing number of lanes and existing road width(s); aa.) No additional lanes or median openings will be designed; bb.) Median landscaping will match style of Sandy Lake Road; cc.) Tree mitigation plan is not included in this scope; dd.) Structural design of screening walls, retaining walls, foundations, etc. are not included within this scope; ee.) Relocation Services; ff.) City templates will be provided by CLIENT and used for preparation of bid documents; gg.) CCTV services; hh.) Bridge design for rehabilitation and/or replacement is not included in this scope; ii.) CLIENT will provide TxDOT Inspection Reports for the bridge structure and bridge class culvert to be used for structural evaluations; 250 Coppell Royal Lane Roadway Reconstruction, Coppell, TX April 4, 2022 TBPE Firm No. F-230 TBPLS Firm No. 10011600 / 10011601 / 10194381 ATTACHMENT C Teague Nall and Perkins, Inc. 2022 Standard Hourly Rates (vers 121622) Effective January 1, 2022 to December 31, 2022 Hourly Engineering/Landscape Architecture/ROW Billing Rate Principal or Director 270.00 Team Leader 260.00 Senior Project Manager 250.00 Project Manager 200.00 Senior Engineer 260.00 Project Engineer 170.00 Engineer III/IV 140.00 Engineer I/II 130.00 Senior Landscape Architect/Planner 200.00 Landscape Architect / Planner 180.00 Landscape Designer 125.00 Senior Designer 165.00 Designer 150.00 Senior CAD Technician 135.00 CAD Technician 120.00 IT Technician 180.00 Clerical 85.00 ROW Manager 220.00 Senior ROW Agent 175.00 ROW Agent 135.00 Relocation Agent 170.00 ROW Admin 90.00 Intern 80.00 Hourly Surveying Billing Rate Survey Manager 245.00 Registered Professional Land Surveyor (RPLS) 210.00 Field Coordinator 145.00 S.I.T. or Senior Survey Technician 145.00 Survey Technician 120.00 1-Person Field Crew w/Equipment** 155.00 2-Person Field Crew w/Equipment** 185.00 3-Person Field Crew w/Equipment** 210.00 4-Person Field Crew w/Equipment** 230.00 Flagger 55.00 Abstractor (Property Deed Research) 95.00 251 Coppell Royal Lane Roadway Reconstruction, Coppell, TX April 4, 2022 TBPE Firm No. F-230 TBPLS Firm No. 10011600 / 10011601 / 10194381 Small Unmanned Aerial Systems (sUAS) Equipment & Crew 420.00 Terrestrial Scanning Equipment & Crew 265.00 Hourly Utility Management, Utility Coordination, and SUE Billing Rate Senior Utility Coordinator 175.00 Utility Coordinator 160.00 Sr. Utility Location Specialist 165.00 Utility Location Specialist 100.00 1-Person Designator Crew w/Equipment*** 155.00 2-Person Designator Crew w/Equipment*** 180.00 2-Person Vac Excavator Crew w/Equip (Exposing Utility Only) 300.00 (4 hr. min.) Core Drill (equipment only) 790.00 per day SUE QL-A Test Hole (0 < 8 ft)**** 2,200.00 each SUE QL-A Test Hole (> 8 < 15 ft)**** 2,700.00 each Hourly Construction Management, Construction Engineering and Inspection (CEI) Billing Rate Construction Inspector I/II 110.00 Construction Inspector III 120.00 Senior Construction Inspector 140.00 Construction Superintendent 185.00 Senior Project Manager 250.00 Construction Manager 200.00 Senior Construction Manager 250.00 Construction Records Keeper 120.00 Direct Cost Reimbursables A fee equal to 3% of labor billings shall be included on each monthly invoice for prints, plots, photocopies, plans or documents on CD, DVD or memory devices, and mileage. No individual or separate accounting of these items will be performed by TNP. Any permit fees, filing fees, or other fees related to the project and paid on behalf of the client by TNP to other entities shall be invoiced at 1.10 times actual cost. Notes: All subcontracted and outsourced services shall be billed at rates comparable to TNP’s billing rates above or cost times a multiplier of 1.10. * Rates shown are for 2022 and are subject to change in subsequent years. ** Survey equipment may include truck, ATV, Robotic Total Station, GPS Units and Digital Level. *** Includes crew labor, vehicle costs, and field supplies. ****Does not include Level B Designating effort. 252 Coppell Royal Lane Roadway Reconstruction, Coppell, TX April 4, 2022 TBPE Firm No. F-230 TBPLS Firm No. 10011600 / 10011601 / 10194381 ATTACHMENT D PROVISIONS 1. AUTHORIZATION TO PROCEED Signing this form shall be construed as authorization by CLIENT for TNP, Inc. to proceed with the work, unless otherwise provided for in the authorization. 2. LABOR COSTS TNP, Inc.'s Labor Costs shall be the amount of salaries paid TNP, Inc.'s employees for work performed on CLIENT’S Project plus a stipulated percentage of such salaries to cover all payroll-related taxes, payments, premiums, and benefits. 3. DIRECT EXPENSES Unless otherwise stated, a fee equal to 3% of labor billings shall be included on each monthly invoice to account for the TNP’s direct expenses for the Project. Direct Expenses shall be those costs incurred on or directly for the CLIENT'S Project, including but not limited to prints, plots, copies, postage, courier services, binding charges, mileage, etc. 4. OUTSIDE SERVICES When technical or professional services are furnished by an outside source, when approved by CLIENT, an additional amount shall be added to the cost of these services for TNP, Inc.'s administrative costs, as provided herein. 5. ENGINEER’S OPINION OF PROBABLE COST Any cost opinions provided by TNP, Inc. will be on a basis of experience and judgment, but since it has no control over market conditions or bidding procedures TNP, Inc. cannot warrant that bids or ultimate construction costs will not vary from these cost opinions. 6. PROFESSIONAL STANDARDS TNP, Inc. shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in CLIENT'S community, for the professional and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials furnished under this Authorization. TNP, Inc. makes no other warranty, expressed or implied. 7. TERMINATION Either CLIENT or TNP, Inc. may terminate this authorization by giving 30 days written notice to the other party. In such event CLIENT shall forthwith pay TNP, Inc. in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. 8. ARBITRATION All claims, disputes, and other matters in question arising out of, or relating to, this Authorization or the breach thereof may be decided by arbitration in accordance with the rules of the American Arbitration Association then obtaining. Either CLIENT or TNP, Inc. may initiate a request for such arbitration, but consent of the other party to such procedure shall be mandatory. No arbitration arising out of, or relating to this Authorization shall include, by consolidation, joinder, or in any other manner, any additional party not a party to this Authorization. 9. LEGAL EXPENSES In the event legal action is brought by CLIENT or TNP, Inc. against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. 10. PAYMENT TO TNP, INC. Monthly invoices will be issued by TNP, Inc. for all work performed under the terms of this agreement. Invoices are due and payable on receipt. Interest at the rate of 1½% per month will be charged on all past-due amounts, unless not permitted by law, in which case, interest will be charged at the highest amount permitted by law. 11. LIMITATION OF LIABILITY TNP, Inc.'s liability to the CLIENT for any cause or combination of causes is in the aggregate, limited to an amount no greater than the fee earned under this agreement. 12. ADDITIONAL SERVICES Services in addition to those specified in Scope will be provided by TNP, Inc. if authorized in writing by CLIENT. Additional services will be paid for by CLIENT as indicated in attached Basis of Compensation or as negotiated. 13. SALES TAX In accordance with the State Sales Tax Codes, certain surveying services are taxable. Applicable sales tax is not included in the above proposed fee. Sales tax at an applicable rate will be indicated on invoice statements. 14. SURVEYING SERVICES In accordance with the Professional Land Surveying Practices Act of 1989, the CLIENT is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Engineers and Land Surveyors, 1917 S. Interstate 35, Austin, Texas 78741, fax: (512) 440-5715. 15. INVALIDITY CLAUSE In case any one or more of the provisions contained in this Agreement shall be held illegal, the enforceability of the remaining provisions contained herein shall not be impaired thereby. 16. PROJECT SITE SAFETY TNP, Inc. has no duty or responsibility for project site safety. 17. DRAINAGE CLAUSE TNP, Inc. in the performance of its services may be required to assess the impact of the Project on neighboring property owners. The parties to this Agreement recognize that the development of real property has the potential to increase water runoff on downstream properties, and that such increase in runoff increases the possibility of water damage to downstream properties. The CLIENT agrees to indemnify and hold the Engineer harmless from any and all claims and damages arising, directly or indirectly, from water or drainage damage to downstream properties resulting from the development and construction of the Project. CLIENT shall not be required to reimburse Engineer for any claims or expenses arising out of the Project if it is determined by a court of competent jurisdiction that Engineer was negligent in the performance of its duties and obligations, and that Engineer’s negligence was the direct cause of damage to a property downstream of the Project. 18. CONSTRUCTION MEANS AND METHODS Means and methods of construction are the sole responsibility of the contractor. 253 Coppell Royal Lane Roadway Reconstruction, Coppell, TX April 4, 2022 TBPE Firm No. F-230 TBPLS Firm No. 10011600 / 10011601 / 10194381 ATTACHMENT E 254 Texas, AC +/- matt atkins The information contained herein was obtained from sources deemed to be reliable. MapRight Services makes no warranties or guarantees as to the completeness or accuracy thereof. Attachment E: Project Location Project Location 255 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6217 File ID: Type: Status: 2022-6217 Agenda Item Agenda Ready 1Version: Reference: In Control: City Council 04/05/2022File Created: Final Action: Chapter 1A 'Code of Ethics'File Name: Title: Consider approval of an Ordinance amending the Code of Ordinances Chapter 1 ‘Administration’, by adding new Chapter 1A “Code of Ethics and Conduct”; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Ordinance adding Chapter 1A Code of Ethics.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 2022-6217 Title Consider approval of an Ordinance amending the Code of Ordinances Chapter 1 ‘Administration’, by adding new Chapter 1A “Code of Ethics and Conduct”; and authorizing the Mayor to sign. Summary Fiscal Impact: None Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 4/8/2022 256 Page | 1 TM 128883 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 1 ‘ADMINISTRATION’, BY ADDING NEW CHAPTER 1A “CODE OF ETHICS AND CONDUCT”; PROVIDING FOR DECLARATION OF POLICY AND DEFINITIONS, PROVIDING FOR REGULATIONS FOR CODE OF CONDUCT; PROVIDING FOR CONFLICTS OF INTEREST, PROVIDING FOR FORMER CITY OFFICIALS AND EMPLOYEES; PROVIDING FOR ENFORCEMENT, CULPABLE MENTAL STATE, AND PENALTIES; PROVIDING FOR PROCEDURES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell desires to add a Code of Ethics and Conduct to the Code of Ordinance to establish rules and regulations. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 1A, “Code of Ethics” is hereby amended by adding a new Chapter 1A, Article 1 “Code of Ethics” to read as follows: “CHAPTER 1A. CODE OF ETHICS AND CONDUCT ARTICLE I. DECLARATION OF POLICY AND DEFINITIONS. Sec. 1A-1-1. Statement of Purpose and Principles of Conduct. A. Purpose. It is hereby declared to be the policy of the city that the proper operation of democratic government requires that: 1. city officials be independent, impartial, and responsible only to the people of the city; 2. governmental decisions and policy be made using the proper procedures of the governmental structure; 3. except as provided in the Coppell City Charter, no city official shall have any financial interest, direct or indirect, or engage in any business, transaction, or professional activity; or incur any obligation of any nature that is in conflict with the proper discharge of the city official's duties in the public interest; 257 Page | 2 TM 128883 4. public office not be used for personal gain; and 5. the city council at all times be maintained as a nonpartisan body. B. Principles of conduct. The city council further believes that an elected or appointed official of the city assumes a public trust and should recognize the importance of high ethical standards within the organization they lead or support. Essential values and ethical behaviors that an elected or appointed official should exemplify include the following: 1. Commitment beyond self. 2. Obedience and commitment to the law. 3. Commitment to the public good. 4. Respect for the value and dignity of all individuals. 5. Accountability to the public. 6. Truthfulness. 7. Fairness and Impartiality. 8. Responsible application of resources. C. Application. 1. To implement the purpose and principles of conduct in this section, the city council has determined that it is advisable to enact this code of ethics for all city officials, and persons doing business with the city, to serve as a standard for official conduct and as a basis for discipline. 2. This chapter is cumulative of and supplemental to all applicable provisions of the city charter, other city ordinances, and state and federal laws and regulations. Compliance with this chapter does not excuse or relieve any person from any obligation imposed by the city charter, other city ordinances, or state or federal laws or regulations. D. No cause of action. This section is a statement of purpose and principles only. Nothing in this section may be used to create a cause of action under this chapter. Sec. 1A-1-2. Employees The standards of conduct for employees of the City are governed by in the Employee Policy and Procedure Handbook and other personnel procedures adopted by the City. All complaints that an employee has violated these standards shall be referred to the City Manager or Director of the City Department where the employee works. Sec. 1A-1-3. Definitions. In this chapter, the following words and phrases have the meanings ascribed to them in this section, unless the context requires otherwise: Accept. A person "accepts" an offer of employment or a business opportunity when the person enters into a legally binding contract or any informal agreement or understanding that the parties expect to be carried out. 258 Page | 3 TM 128883 Affiliated. Business entities are "affiliated" if one is the parent or subsidiary of the other or if they are subsidiaries of the same parent business entity. Before The City. Representation or appearance "before the city" means before: 1. the city council; 2. a board, commission, or other city body or city entity; or 3. a city official. Benefit means anything reasonably regarded as monetary gain or monetary advantage, including a personal benefit to any other person in whose welfare the beneficiary has a direct and substantial interest. Business Entity means a sole proprietorship, partnership, limited liability company, firm, corporation, holding company, joint-stock company, receivership, trust, unincorporated association, or any other entity recognized by law, except that the term does not include a governmental entity. City means the city of Coppell, Texas. City Council Member Or Member Of The City Council means all members of the Coppell city council, including the mayor. Client. 1. The term "client" includes any specialized and highly personalized professional business relationship of an individual official. The term does not include a regular or ordinary business or vendor relationship. 2. If the official does not personally represent the client but conducts business as a member of a primary partnership or professional corporation or conducts business through another entity, a client of the partnership, professional corporation, or entity is deemed to be a client of the official if: a. the partnership, professional corporation, or entity derived two percent or more of its annual gross income within the preceding 12 months from the client; and b. the city official knows of the client's relationship. Code of Conduct or Conduct Code means this chapter Code Of Ethics or Ethics Code means this chapter. Confidential Government Information includes: 1. all information held by the city that is not available to the public under the Texas Open Records Act; 2. any information from a meeting closed to the public pursuant to the Texas Open Meetings Act; 3. any information protected by attorney-client, attorney work product, or other 259 Page | 4 TM 128883 applicable legal privilege; and 4. any research, opinions, advice, recommendations, reasoning, or conclusions in a draft document concerning city business or city policy that has not yet been released to the public in accordance with established city procedures. Department Director means the head of any department or office, including an office under the city manager, that is created by the city charter or by ordinance of the city council. Discretionary Contract means any contract other than one that by law must be awarded on a competitive bid basis. Doing Business with The City means any person, either individually or on behalf of an entity, who submits a bid or proposal, or negotiates or enters into any city contract, whether or not the contract is required by state law to be competitively bid. Domestic Partner means an individual who, on a continuous basis, lives in the same household and shares the common resources of life in a close, personal, intimate, committed relationship with a city official. A domestic partner may be of the same or opposite gender as the official and is not married to or related by blood to the official. Donation means a voluntary transfer of property (including the payment of money) or the conferral of a benefit having monetary value (such as the rendition of services or the forbearance of collection on a debt) to the city, unless consideration of equal or greater value is received by the donor. Employee Or City Employee means any person listed on the city of Coppell payroll as an employee, whether part-time, full-time, permanent, or temporary. Ex Parte Communication means any communication not made in a written document filed with the Ethic Review Panel and not made orally during a hearing but does not include a communication made pursuant to an inquiry duly authorized by the commission. Former City Official or Employee means a person who has left service as a city official or employee. Gift means a voluntary transfer of property (including the payment of money) or the conferral of a benefit having monetary value (such as the rendition of services or the forbearance of collection on a debt), unless consideration of equal or greater value is received by the donor. Knowingly Or with Knowledge. A person acts "knowingly" or "with knowledge" regarding his or her conduct or to circumstances surrounding his or her conduct when the person is aware of the nature of the conduct or that the circumstances exist or should be reasonably certain to cause the result. 260 Page | 5 TM 128883 Official Or City Official includes the following persons: 1. City council members. 2. Municipal judges. 3. The city manager and city attorney, 4. Members of all boards, commissions, committees, and other bodies created by the city council pursuant to city ordinance, federal or state law, including bodies that are only advisory in nature. 5. City council appointed members of boards, commission or other council appointees that were created by the city council. 6. For purposes of Chapter 1A only, a volunteer on committees or task forces formed by boards or commissions. Official Action includes: 1. any affirmative act (including the making of a formal or informal recommendation), that is within the scope of an official's duties; and 2. any failure to act, if the official is under a duty to act. Official Capacity or Official Duties means acting, or actions relating to matters, within the scope of employment or office, or under the official’s control or supervision. Official Information includes information gathered pursuant to the power or authority of city government. Partner includes any partner in a general partnership, limited partnership, or joint venture. Perishable Food or Beverages are consumable products, such as packaged foods, delivered fresh foods, including baked goods and edible gift baskets, sealed beverages, and floral arrangements. Personal Benefit means any benefit knowingly solicited, accepted, or agreed to be accepted by another for the purpose of influencing how a city official performs or refrains from performing an official action. Personally Participated. The requirement of having "personally participated" in a matter is met only if the individual in fact exercised discretion relating to the matter. The fact that the person had responsibility for a matter does not by itself establish that the person "personally participated" in the matter. Relative means a spouse, domestic partner, child, stepchild, brother, sister, parent or stepparent, or a person claimed as a dependent on the city official latest individual federal income tax return. 261 Page | 6 TM 128883 Representation encompasses every form of communication or personal appearance in which a person, not acting in performance of official duties, formally or informally serves as an advocate for private interests. Lobbying and service as an expert witness, even on an informal basis, are forms of representation. "Representation" does not include appearance as a fact witness in litigation or other official proceedings. Solicitation. "Solicitation" of subsequent employment or a subsequent business opportunity includes any form of proposal or negotiation relating to employment or a business opportunity. ARTICLE II. CODE OF CONDUCT Sec. 1A-2-1. Fiduciary Duty. A city official, in the performance of that person's official duties, shall fulfill the city official's fiduciary duty to the city. Sec. 1A-2-2. Standards of Behavior; Standards of Civility. A. Standards of behavior. City officials shall, when acting in the performance of their official duties, comply with the following standards of behavior: 1. To conduct themselves and to operate with integrity and in a manner that merits the trust and support of the public. 2. To uphold all applicable laws and regulations to protect and enhance the city's ability to accomplish its mission. 3. To treat others with respect, doing for and to others what the official would have done for and to him or her in similar circumstances. 4. To be a responsible steward of the taxpayer resources. 5. To take no actions that could benefit the official personally at the unwarranted expense of the city, avoiding even the appearance of a conflict of interest, and to exercise prudence and good judgment at all times. 6. To carefully consider the public perception of personal and professional actions and the effect such actions could have, positively or negatively, on the city's reputation both in the community and elsewhere. 7. To strive for personal and professional growth to improve effectiveness as an elected or appointed official. B. Standards of civility. City officials shall, when acting in the performance of their official duties, comply to the following standards of civility in their interactions with city officials, city employees, residents, and persons doing business with the city: 1. City officials shall accord the utmost respect and courtesy to each other, city officials, city employees, residents, and persons doing business with the city. 2. City officials shall not make comments or take actions that are abusive; belligerent; crude; derogatory; impertinent; personal attacks upon the character, integrity, or motives of others; profane; slanderous; or threatening. 262 Page | 7 TM 128883 3. City officials shall preserve order and decorum in meetings in accordance with Roberts Rules of Order and the applicable rules of procedure of the city council, board, or commission. 4. City officials shall treat city employees as professionals and specifically shall not: a. interfere with the work of city employees. b. impair the ability of city employees to implement city council policies. c. influence city employees in the making of recommendations or decisions. d. criticize a city employee's performance in public. e. berate nor admonish city employees. 5. City officials shall work through the city manager, city secretary, city attorney, and the applicable department director to obtain information or request assistance with projects, rather than contacting city employees directly. This provision does not apply to professional and administrative assistants to the mayor and city council. 6. Because independent advice from boards and commissions is essential to the public decision-making process, city council members shall not: a. use their position to influence the deliberations or decisions of boards and commissions. b. demand that board or commission members vote as requested by the city council member or threaten board or commission members with removal. C. This paragraph does not prohibit city council members from receiving information from or providing information to a board or commission member, working together with board and commission members on projects, or expressing their opinions to board and commission members or when formally call upon by law or ordinance to refer a matter to a board, commission or body. Sec. 1A-2-3. Anti-Discrimination. a) A city official shall not commit any act or engage in any conduct while acting in their official capacity to exclude anyone from our community based on their race, ethnicity, color, age, religion, marital or parental status, sex, sexual orientation, gender identity and expression, genetic characteristics, national origin, disability, military or veteran status, political opinions or affiliations, or any other legally protected characteristic or status diminishes us and compromises our ability to fulfill our mission. b) Discrimination or commit any act or engage in any conduct, public or private, which indicate a bias, prejudice, or lack of impartiality against others based on any of these factors, or any other legally protected classifications, is prohibited. c) Engage discriminatory harassment and other offensive acts include any conduct, whether verbal, visual, or physical, which affect a person’s ability to perform official duties or would negatively reflect on the city or, that creates an abusive and hostile work environment, or that has the purpose or effect of interfering with a City employee's work performance or development. Sec. 1A-2-4. Retaliation Prohibited. 263 Page | 8 TM 128883 A person commits an offense if he or she retaliates, threaten, attempts to threat or coerce against any person for filing a complaint, or for testifying, assisting, or participating in any manner in a proceeding or hearing under this chapter. Sec. 1A-2-5. Other Persons. A. Violations by other persons. A city official shall not knowingly assist or induce, or attempt to assist or induce, any person to violate any provision of this chapter. B. Using others to engage in forbidden conduct. A city official shall not violate any provision of this chapter through the acts of another. C. Participation in ethics violations. No person shall intentionally or knowingly induce, attempt to induce, conspire with, aid, or assist, or attempt to aid or assist another person to violate any provision of this chapter. Sec. 1A-2-6. Duty To Report. Duty to report violations. Persons shall immediately report any conduct that the person knows to be a violation of this chapter to the special legal counsel. Failure to report a violation of this chapter is a violation of this chapter. Any person who knowingly fails to report a violation of this chapter shall be subject to sanctions described in this chapter. For purposes of this section, a report made to the special legal counsel's Fraud, Waste, or Abuse hotline will be considered a report under this section. Sec. 1A-2-7. Ethics Training. A. All new city officials shall receive ethics training within 30 days after being elected, appointed to office, or hired by the city. All current city officials shall receive ethics training on an ongoing basis but at least every two years. B. All city officials who are leaving city service shall receive ethics information concerning requirements for former city officials before the city official ends their city service. C. The director of the office of procurement services shall publish on the city's website information as to how this chapter applies to consultants or contractors and to city officials who work with consultants or contractors. D. This ethics training and information required by this section shall be made available in a format and medium as determined by the chief integrity officer. The chief integrity officer, in coordination with the city manager, city auditor, and city secretary's liaisons, shall structure ethics training and information to ensure that participants have the necessary knowledge to accomplish the statement of purpose in this chapter and comply with all applicable ethics laws. City officials must demonstrate such knowledge by passing any required ethics training. 264 Page | 9 TM 128883 E. Failure to receive ethics training, documents, or notices required by this section does not waive that person's duty to comply with this code of ethics or waive enforcement of this chapter. Sec. 1A-2-8. Dissemination Of Code of Ethics. A. Within 30 days after starting their position, every new city official must be given a copy or a link to this chapter. The City Manager or designee [City Secretary] shall provide a copy of this chapter to every city official. Each city official shall acknowledge, in writing, that they received a copy or link to this chapter. Copies of this chapter must be made readily available to the public. B. The failure of any person to receive a copy of this chapter or a link to the chapter will have no effect on that person's duty to comply with this chapter or on the enforcement of the provisions of this chapter. Sec. 1A-2-9. Ethics Pledge. All city officials, before their appointment, shall sign the following ethics pledge and file it with the city secretary: "I have received a copy of Coppell Code of Ordinance Chapter 1A, "Code of Ethics." I have read and understand the Code of Ethics. I understand that the Code of Ethics is binding on me, and therefore I agree to comply with the Code of Ethics. I understand that the Code of Ethics imposes restrictions on present city officials, former city officials, lobbyists, and persons doing business with the city. I agree to participate in periodic ethics training. I agree to seek advice from the City Attorney's Office when necessary to ensure compliance with the Code of Ethics. I agree that I will not violate the Code of Ethics, participate in violations of the Code of Ethics, or fail to report violations of the Code of Ethics. I understand that violation of the Code of Ethics, participation in a violation of the Code of Ethics, and failure to report a violation of the Code of Ethics may result in severe consequences." ARTICLE III. CONFLICTS OF INTEREST. Sec. 1A-3-1 Gifts. A. General rules. 1. A city official shall not solicit, accept, or agree to accept any gift, favor, benefit, or service that: a. reasonably tends to influence or reward official conduct; or b. the city official knows is intended to influence or reward the discharge of official duties. 265 Page | 10 TM 128883 2. A person or business entity shall not knowingly offer any gift or benefit to a city official that: a. reasonably tends to influence or reward official conduct; or b. the person or business entity knows is intended to influence or reward the discharge of official duties. 3. Except as provided in Subsection (f), a city official shall not accept cash, a cash equivalent open loop gift card (including a Visa or Mastercard gift card), check, or negotiable instrument from any person or representative of a person or entity who does business with or is seeking to do business with the city. In this Paragraph OPEN LOOP means a general-purpose charge card that can be used anywhere that brand of card is accepted and does not include closed loop gift cards that can only be used at a specific merchant listed on the card. 4. A city official who receives an unsolicited benefit or gift that he or she is not allowed to accept or does not wish to accept to avoid any appearance of impropriety, may donate the item to the city or another governmental entity that has the authority to accept the item or to recognize tax-exempt charitable organization formed for educational, religious, or scientific purposes. A city official who donates an unsolicited benefit or gift may notify the special legal counsel on a form approved by the special legal counsel that provides the city official’s name, the gift donated, and the entity to which the city official donated the unsolicited benefit or gift. B. Exceptions. Subsection (a) does not include: 1. reimbursement of reasonable expenses for travel in accordance with the city's ordinances, administrative directives, and this section; 2. a public award or reward in recognition of public service or professional achievement, if the award or reward is reasonable in light of the occasion; 3. a loan from a lending institution made in its regular course of business on the same terms generally available to the public; 4. a scholarship or fellowship awarded on the same terms and based on the same criteria applied to other applicants; 5. admission, regardless of value, to an event that a city official is invited to, is offered tickets to, or is participating in relating to their official duties or responsibilities, including gathering information about a current or potential city supported program; 6. tickets, meals, travel, lodging, and entertainment accepted by a city official in accordance with this Subsections (c) and (d); 7. gifts having a nominal value (a noncash value of less than $50.00) accepted by a city official from a resident or person or entity doing, or seeking to do, business with the city if a city official does not receive cumulative gifts from a single source in a calendar year of more than $50.00 or plaques, caps, key rings, mugs, tee shirts, fresh cut flowers given at public appearances, or perishable food and beverages infrequently given. 266 Page | 11 TM 128883 8. Grant or subsidy under program or project to other citizens qualified class or group of citizens adopted by council for which the councilmember has not participated or approved. 9. A ceremonial or protocol gift given to a city official on behalf of the city, provided that any ceremonial or protocol gift given a. a city official valued over $300.00 must be delivered to the city manager as a donation to the city; or 10. Gifts from a relative or a person with whom the city official has a personal, professional, or business relationship independent of the city official's status with the city. C. Honorarium, meals, travel, lodging, and entertainment. 1. A city official may not solicit, accept, or agree to accept any honorarium (cash payment or in-kind gift, except a plaque) in consideration for services that a city official would not have been requested to provide but for his or her official position or duties. 2. A city official may accept meals, travel, lodging, or entertainment if: a. city official is a guest; and b. the donor or host is present at the meal, travel, lodging, or entertainment (meals, lodging, travel, or entertainment from a person who does business or is seeking to do business with the city when the donor host is not present is prohibited). D. Tickets. 1. When receiving complimentary tickets, city officials must evaluate whether the tickets are a gift in violation of Subsection (a). 2. City officials may receive tickets to a fundraiser or charity event that benefits a city facility or program, subject to availability and in the sole discretion of an event sponsor under fifty dollars ($50.00) at face value. These tickets may not be sold or transferred, except to another city official. 3. City officials may receive tickets to city owned facilities that are operated by the City or a licensed non-profit entity. E. Reporting. City officials must report gifts, including tickets, meals, travel, lodging, or entertainment in accordance with applicable state law and the city's reporting requirements in Article VI. F. Campaign contribution exception. The general rule stated in Subsection (a) does not apply to a campaign contribution received and reported in compliance with the Texas Election Code. Sec. 1A-3-2. Personal Benefit to Others. A. Personal benefits to others. To avoid the appearance and risk of a conflict of interest, a city official shall not use his or her official position or office, to take or 267 Page | 12 TM 128883 refrain from taking, official action that he or she knows will result in a personal benefit for any of the following persons or entities: 1. a relative within the second degree of consequently or affinity of the city official; 2. a person with whom the city official has a financial or business relationship, including but not limited to: a. an outside employer business of the city official, or their relative, or someone who works for such outside employer of business; b. a client or substantial customer of the city official, or their relative (SUBSTANTIAL means an amount exceeding 10 percent of the city official, or their relative's income for the previous year); c. a debtor or creditor of the city official, or their relative; or d. a person or business entity with whom the city official has, directly or indirectly, within the past 12 months, i. engaged in negotiations pertaining to a business opportunity, or ii. solicited an offer of employment, received, and not rejected an offer of employment, or accepted an offer of employment. B. Recusal and disclosure. A city official whose conduct would violate a section of this article shall follow the recusal and disclosure requirements in this Chapter. C. Exceptions. A personal benefit does not include: 1. salaries, compensation, or employee benefits; 2. campaign or political contributions that are made and reported in accordance with state law; 3. hospitality extended for a purpose unrelated to the official business of the city; 4. a public award or reward in recognition of public service or professional achievement, if the award or reward is reasonable in light of the occasion; 5. gifts or other ceremonial symbols of recognition presented by representatives of governmental bodies or political subdivisions who are acting in their official capacities; 6. a loan from a lending institution made in its regular course of business on the same terms generally available to the public; 7. complimentary copies of trade publications; and 8. anything of value received as a devise, bequest, or inheritance. Sec. 1A-3-3. Miscellaneous Conflicts of Interest. A. Special rules. 1. Acquisition of interest in impending matters. A city official shall not acquire an interest (economic or otherwise) in any matter if the official knows that the interest will be affected by impending official action of the city. 2. Acquisition of interest in decided matter. A city official shall not acquire an interest (economic or otherwise) in any matter affected by an official action of the city for a period of one year after the date of the official action. 268 Page | 13 TM 128883 3. Reciprocal favors. A city official may not enter into an agreement or understanding with any other person that official action by the official will be rewarded or reciprocated by the other person. 4. Benefits to previous employers. A city official may not, within 12 months of entering city employment or service, award a contract or participate in a matter benefiting a person or business entity that formerly employed the city official. 5. Area of notification conflict. A. General. A city official may not take official action on, or otherwise participate in, a matter if the city official has an ownership interest, a lease, or other economic interest in a property within 200 ft. area of notification listed in any land use matter. For purposes of this paragraph, ECONOMIC INTEREST includes, but is not limited to, legal or equitable property interests in land, chattels, and intangibles, and contractual rights, having more than de minimis value. B. Recusal and disclosure. A city official whose conduct would violate Subparagraph (A) of this paragraph shall adhere to the recusal and disclosure requirements in Section 12A-24 of this chapter. Sec. 1A-3-4. Donations. A. Purpose and procedures. 1. Donations of money, real estate, products, and services to the city allow residents to make valuable contributions to city programs and should be encouraged. Persons and business entities making donations should not, however, expect any reward, reciprocal benefit, or influence. 2. Donations must be documented to ensure transparency of government, enable measurement of the value and usefulness of the donation, and allow for audits of donations. 3. For long-term or complex projects and projects involving professional services, an agreement must be drafted to document the scope of goods or services to be donated and to document which party retains ownership of intellectual property. If a donation will lead to city expenditures, expenditures must follow the procurement process if required by city code or state law. B. General rule. 1. A city official shall not solicit, accept, or agree to accept any donation to the city of money, real estate, products, or services that: a. reasonably tends to influence or reward official conduct; or b. the city official knows is intended to influence or reward the discharge of official duties. 2. A person or business entity shall not knowingly offer any donation to the city of money, real estate, products, or services that: a. reasonably tends to influence or reward official conduct; or b. the person or business entity knows is intended to influence or reward the 269 Page | 14 TM 128883 discharge of official duties. C. Reporting. City officials receiving a donation to the city shall report the donation in compliance with this article. D. Exceptions. This section does not apply to gifts made to a city official in compliance with this article. This section does not apply to exceptions to the gift rules. Sec. 1A-3-5. Nepotism. A. Appointment or employment of relatives. 1. A city official shall not appoint, or take any action to influence the appointment of, that person's relative to a quasi- judicial board or commission within the city. 2. A city council member shall not appoint any fellow city council member's relative to the Ethics Review Panel or to any quasi-judicial board or commission within the city. 3. A city official shall not appoint or employ or take any action to influence the appointment or employment of, his or her relative to any position of employment within the city. Sec. 1A-3-6. Confidential Information. A. Improper access. A city official shall not use his or her position to secure official information about any person or entity for any purpose other than the performance of official responsibilities. B. Improper disclosure or use. A city official shall not intentionally or knowingly disclose any confidential government information gained by reason of the official's position. This rule does not prohibit: 1. any disclosure that is no longer confidential government information; 2. the confidential reporting of illegal or unethical conduct to authorities designated by law; or 3. any disclosure, not otherwise prohibited by law, in furtherance of public safety. C. Disclosure of a closed meeting. A city official shall not knowingly disclose to a member of the public the certified agenda, the recording, or the discussion had within a meeting that was lawfully closed to the public, unless the disclosure is made with lawful authority. Sec. 1A-3-7. Representation Of Private Interests. A. Representation before the city. 1. General rule. a. Representation for compensation. A city official shall not represent, for compensation, any person, group, or entity (other than themselves or the city official's relative before the city. For purposes of this subsection, "compensation" means money or any other thing of value that is received 270 Page | 15 TM 128883 or is to be received in return for or in connection with such representation. b. Representation without compensation. A city official who is a member of a board, commission, or body shall not represent any person, group, or entity before: (i) that city official's board, commission, or body; (ii) city staff having responsibility for making recommendations to, or taking any action on behalf of, that board, commission, or body; or (iii) a board, commission, or body that has appellate jurisdiction over the board, commission, or body of which the city official is a member, if any issue relates to the official's duties. 2. Exceptions. The restrictions in this subsection do not apply to: a. A person who is a city official only because that person is an appointed member of a board, commission, or body, may represent for compensation a person, group, or entity before the city so long as the representation is not before the board, commission, or body that the person is a member. b. If the representation is before a board, commission, or body, of which the city official is a member, that is only advisory in nature. 3. Prestige of office and improper influence. In connection with the representation of private interests before the city, a city official shall not: a. assert the prestige of the city official's position for the purpose of advancing private interest; or b. state or imply that the city official can influence city action on any basis other than the merits. B. Representation in litigation adverse to the city. 1. Officials (other than board and commission members). A city official, other than a person who is classified as an official only because that person is an appointed member of a board, commission, or body, shall not represent any person, group, or entity (other than themselves or their relative) in any litigation to which the city is a party, if the interests of that person, group, or entity are adverse to the interests of the city. 2. Board and commission members. A person who is a city official only because that person is an appointed member of a board, commission, or body shall not represent any person, group, or entity (other than themselves or their relative) in any litigation to which the city is a party, if the interests of that person, group, or entity are adverse to the interests of the city and the matter is substantially related to the official's duties to the city. 3. Affiliates of officials. Subject to applicable professional ethical standards, the restrictions stated in Subsections (b)(1) and (b)(2) do not apply to representation by a partner or other affiliate of a city official so long as the city official does not participate in any manner whatsoever in the partner's or affiliate's representation. C. Representation in municipal court. No member of the city council may engage in the practice of law in or before the municipal court of the city or otherwise participate as an attorney in a matter where a city official may appear as a material witness or any matter or criminal proceeding where a city official is the reporting 271 Page | 16 TM 128883 agency. Sec. 1A-3-8. Conflicting Outside Employment. A. General rule. A city official shall not: 1. solicit, accept, or engage in concurrent outside employment that could reasonably be expected to impair independence of judgment in, or faithful performance of, official duties; or 2. personally provide services for compensation, directly or indirectly, to a person or organization that is requesting an approval, investigation, or determination from the body or department of which the official is a member. B. Exception. The restrictions stated in Subsection (a) do not apply to: 1. outside employment of a city official if the employment is the official's primary source of income; or 2. a member of a municipal management district board. C. Other rules. The general rule stated in Subsection (a) applies in addition to all other rules relating to outside employment of city officials, including requirements for obtaining prior approval of outside employment as applicable. Sec. 1A-3-9. Public Property and Resources. A. A city official shall not use, request, or permit the use of city facilities, personnel, equipment, or supplies for private purposes (including political purposes), except such persons may lease, reserve or use such facilities in the same manner as all other citizens. B. A city council member shall not use, request, or permit the use of city facilities, personnel (city employees), equipment, or supplies for any campaign expenditure, campaign contribution, political advertising, or campaign communication as defined in Title 15, "Regulating Political Funds and Campaigns," of the Texas Election Code, as amended, and Texas Election Commission rules, regulations, and opinions. C. City officials may not apply for or obtain an incentive offered by the city, including grants, loans, tax abatements, and tax credits, unless the incentive is available to the general public, the application is evaluated under the same criteria that apply to the general public, and the incentive is subject to the same terms and conditions that apply to the general public. Sec. 1A-3-10. Political Activity. A. City officials. In any election, except the city official's own, a city official shall not: 1. use the prestige of the city official's position with the city on behalf of a candidate, political party, or political committee, including but not limited to: a. an endorsement, a city official (who is a city official only because that person is an appointed member of a board, commission, or body) is not prohibited from lending the city official's name so long as the office held with the city is not mentioned; b. any election ordered by the City of Coppell on a proposition or measure, a 272 Page | 17 TM 128883 city council member, board or commission is prohibited from lending the city official's name and official city title; and 2. serve as the designated campaign treasurer for a candidate under the Texas Election Code; or 3. solicit or receive contributions for a candidate, political party, or political committee, except that a city official is not prohibited from serving on a steering committee to plan a program of solicitation and listing the member's name without reference to the office held when the committee as a whole is listed. B. Influencing subordinates. A city official shall not, directly, or indirectly, induce or attempt to induce any city subordinate of the official to: 1. participate in an election campaign, contribute to a candidate or political committee, or engage in any other political activity relating to a particular party, candidate, or issue; or 2. refrain from engaging in any lawful political activity. A general statement merely encouraging another person to vote does not violate this subsection. C. Paid campaigning. A city official shall not directly or indirectly accept anything of value for political activity relating to an item pending on the ballot, if the official participated in, or provided advice relating to, the exercise of discretionary authority by a city body that contributed to the development of the ballot item. "Anything of value" does not include a meal or other item of nominal value the city official receives in return for providing information on an item pending on the ballot. D. Official vehicles. A city official shall not display or fail to remove campaign materials on any city vehicle under his or her control. E. Charter provisions. A city official shall comply with the provisions governing political activity. F. Public property and resources. Limitations on the use of public property and resources for political purposes are imposed by Section IA-3-9 of this chapter. Sec. 1A-3-11. Prohibited Interests in Contracts. A. Charter restrictions relating to financial interests in city contracts. A city official shall comply with the restrictions on financial interests in city contracts as provided by Charter or State law. The restrictions on financial interests in a city contract in the city charter do not apply to a nominee or member of a city board or commission except as provided below. B. Additional restrictions relating to city contracts. A city official may not, while in the service or employment of the city, either individually or as the officer or principal of an entity: 1. submit a bid or proposal to make any city contract, whether or not the contract is required by state law to be competitively bid; or 2. negotiate or enter into any city contract whether or not the contract is required by state law to be competitively bid. 3. Nothing contained herein shall prohibit a City official from receiving a grant or economic development contract if the grant or contract is available to a defined class of persons or is otherwise available to other residences of the City. 273 Page | 18 TM 128883 Sec. 1A-3-12. Ex Parte Communications. No person shall, directly or indirectly, communicate with any city official of any quasi- judicial city board or commission as to any adjudicative matter that is, or may reasonably be expected to be, pending before the board or commission, unless a full disclosure of the communication is simultaneously made available to every other party to the matter. Sec. 1A-3-13. Recusal And Disclosure. A. General rule. A city official whose conduct or action on a matter would violate any section in Articles II and III of this chapter must recuse themselves. From the time that the conflict or ethics consideration is recognized, the city official shall: 1. immediately refrain from further participation in the matter, including discussions with any other persons likely to consider the matter; and 2. promptly, file with the city secretary a written statement disclosing the conflict of interest. 3. a municipal judge shall promptly bring that person's conflict to the attention of the administrative municipal judge; 4. the city manager, city attorney, city secretary and municipal judge(s) shall promptly bring that person's conflict to the attention of the city council; 5. a board or commission member shall promptly disclose that member's conflict to the board or commission of which that person is a member and shall not be present during any discussion or voting on the matter; and 6. a city council member shall promptly disclose that member's conflict to the city council and shall not be present during any discussion or voting on the matter. ARTICLE IV. FORMER CITY OFFICIALS Sec. 1A-4-1. Continuing Confidentiality. A. Improper disclosure or use. A former city official shall not use or disclose confidential government information acquired during service as a city official. This rule does not prohibit: 1. any disclosure that is no longer confidential government information; 2. the confidential reporting of illegal or unethical conduct to authorities designated by law; or 3. any disclosure, not otherwise prohibited by law, in furtherance of public safety. B. Disclosure of a closed meeting. A former city official shall not knowingly disclose to a member of the public the certified agenda, the recording, or the content of discussion had within a meeting that was lawfully closed to the public, unless the disclosure is made with lawful authority. Sec. 1A-4-2. Subsequent Representation. 274 Page | 19 TM 128883 A. Representation by a former city council member or former board or commission member. A person who was a member of the city council, a board or commission, or another city body shall not represent any person, group, or entity (other than himself or herself or his or her relative) for a period of one year after the termination of his or her official duties: 1. before the city council or that board, commission, or body; 2. unless the board, commission, or body of which the former city official was a member is only advisory in nature: a. before city staff having responsibility for making recommendations to, or taking any action on behalf of, the city council or that board, commission, or body; or b. before a board, commission, or other city body that has appellate jurisdiction over the board, commission, or body of which the former city official was a member, if any issue relates to his or her former duties. B. Representation before the city. A former city official shall not represent for compensation any person, group, or entity (other than himself or herself or his or her relative) before the city for a period of one year after termination of his or her official duties. This subsection does not apply to a person who was classified as a city official only because he or she was an appointed member of a board, commission, or other city body. For purposes of this subsection, "compensation" means money or any other thing of value that is received, or is to be received, in return for or in connection with such representation. C. Representation in litigation adverse to the city. A former city official shall not, represent any person, group, or entity (other than himself or herself or his or her relative) in any litigation to which the city is a party, if the interests of that person, group, or entity are adverse to the interests of the city and the matter is one in which the former city official personally participated prior to termination of his or her official duties or is a matter substantially related to such a matter. D. Statement or implication of inappropriate influence. In connection with the representation of private interests, a former city official shall not state or imply that he or she can influence city action on any basis other than the merits. Sec. 1A-4-3. Discretionary Contracts. A. Impermissible financial interest in discretionary city contract or sale. This subsection applies only to contracts or sales made on a discretionary basis and not to contracts or sales made on a competitive bid basis. Within one year after the termination of official duties, a former city official shall not have any financial interest, direct or indirect, in any discretionary contract with the city, or be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies, or service, except as permitted in Section 1A-3-11. Any violation of this subsection, with knowledge, express or implied, of the person or corporation contracting with the city will render the contract involved voidable by the city manager or city council. 275 Page | 20 TM 128883 B. Additional restrictions. A former city official may not, within one year after leaving the service or employment of the city, either individually or as the officer or principal of a private business entity: 1. submit a proposal, on behalf of the official or on behalf of a private business entity, to make any discretionary city contract; or 2. negotiate or enter into any city contract. C. Prior participation in negotiation or award of contract and disclosure requirements. A former city official may not, within one year after the termination of official duties, perform work on a compensated basis relating to a discretionary contract with the city if he or she personally participated in the negotiation or awarding of the contract. A former city official, for one year after termination of official duties, must disclose to the city secretary immediately upon knowing that he or she will perform work on a compensated basis relating to any discretionary contract with the city. D. Exceptions. The prohibitions of Subsections A, B, and C do not apply to: 1. a contract for the personal services of a former city official; 2. a member of a board or commission that is advisory only; or 3. the provision of goods, facilities, or services by the city to a former city official pursuant to duly adopted city policies and on nonnegotiable terms generally available to the public, including renting a recreational space. E. Waivers. The prohibitions of Subsections A, B, and C may be waived by city council, after a review of the specific circumstances, for a person who is considered a former official because he or she was a member of a board or commission that is more than advisory in nature. ARTICLE V. ENFORCEMENT, CULPABLE MENTAL STATE, AND PENALTIES. Sec. 1A-5-1. General. The remedies contained in this article are available whenever the Ethic Review Panel finds a violation or violations of this chapter. Sec. 1A-5-2. Violations; Penalty. A person who violates any of the laws, ordinances, and rules under this chapter or who fails to perform an act required of the person by any of the laws and ordinances under this chapter may be subject to the procedures in Article VI of this chapter. Sec. 1A-5-3. Culpable Mental State. To commit a violation under any provision of this chapter, a person must have acted or failed to act knowingly or with knowledge. 276 Page | 21 TM 128883 Sec. 1A-5-4. Disciplinary Action. 1. If a city council member fails to comply with this chapter or violates this chapter, the matter must be decided by the city council in accordance with the city charter or state law. 2. If a member of a board or commission fails to comply with this chapter or violates this chapter, the matter must be decided by the conduct review panel and final discipline by the city council in accordance with the city charter. 3. If the city manager, city attorney, or a municipal judge fails to comply with this chapter or violates this chapter they may be disciplined in accordance with the personnel rules and must be decided by the city council. 4. If a former city official fails to comply with this chapter or violates this chapter, the matter must be decided by the city council. 5. If a person who is not a current or former city official fails to comply with this chapter or violates this chapter, the matter must be decided by city council. Sec. 1A-5-5. Sanctions. A. In determining sanctions based on a recommendation of the Ethics Review Panel and the Ethic Review Panel, the person or entity imposing the sanction shall take into consideration the recommendation of the special legal counsel, the Ethic Review Panel, and the following factors: 1. The culpability of the person charged. 2. The harm to public or private interests resulting from the violation. 3. The necessity of preserving public trust in the city. 4. Whether there is evidence of a pattern of disregard for ethical standards. 5. Whether remedial action has been taken that will mitigate the adverse effects of the violation. B. For the city manager, city attorney, or a municipal judge, the city council shall take appropriate action in accordance contractual obligations and state law with any of the following additional sanctions: 1. Referral to ethics training. The city council may require the person to attend ethics training. When recommending a referral to ethics training, the Ethic Review Panel shall include in the recommendation the manner and quantity of training based on the type and severity of the violation. 2. Referral for damages or injunction. The city council may refer the violation to the city attorney for an action to recover damages to the city or to enjoin prohibited actions. 3. Referral for criminal prosecution. The city council may refer the violation to the Coppell Police Department, if the city council finds that the violation warrants criminal prosecution. C. For a city council member, a board or commission member, a former city official, the city council may impose any of the following sanctions: 1. Letter of notification. The city council may issue a letter of notification if the city council finds that a violation of this chapter was clearly unintentional. A 277 Page | 22 TM 128883 letter of notification must advise the person of any steps to be taken to avoid future violations. 2. Letter of admonition. The city council may issue a letter of admonition if the city council finds that the violation of this chapter was minor, but where the circumstances call for a more substantial response than a letter of notification. 3. Referral to ethics training. The city council may require a current city official to attend ethics training. When recommending a referral to ethics training, the Ethic Review Panel shall include in the recommendation the manner and quantity of training based on the type and severity of the violation. 4. Reprimand. The city council may issue a reprimand if the city council finds that a violation of this chapter was not minor and was committed intentionally or through reckless disregard of this chapter. 5. Resolution of censure. The city council may adopt a resolution of censure if the city council finds that a serious or repeated violation of this chapter has been committed intentionally or through reckless disregard of this chapter and the violation substantially threatens the public trust. 6. Voiding of prior actions. The city council may, to the extent allowed by law, void any prior city council or city board or commission action that approved any decision, agreement, award, or contract if the action was taken as a result of a violation of this chapter and the interests of the city require voiding of the prior action. 7. Suspension from office. The city council may suspend a current city official other than a city council member from office for a period determined by the city council if the city council finds that a serious or repeated violation of this chapter was committed intentionally or through culpable disregard of this chapter. Any proceedings for suspension of a current city official shall be in compliance with the city charter and state law. 8. Referral for damages or injunction. The city council may refer the violation to the city attorney for an action to recover damages to the city or to enjoin prohibited actions. 9. Referral for criminal prosecution. The city council may refer the violation to the Coppell Police Department or other appropriate law enforcement agency, if the city council finds that the violation warrants criminal prosecution. F. For a person who is not a current or former city official (e.g., lobbyists, people doing business with the city, resident), the city council may impose any of the following sanctions: 1. Letter of notification. The city council may issue a letter of notification if the city council finds that a violation of this chapter was clearly unintentional. A letter of notification must advise the person of any steps to be taken to avoid future violations. 2. Letter of admonition. The city council may issue a letter of admonition if the city council finds that the violation of this chapter was minor, but where the circumstances call for a more substantial response than a letter of notification. 3. Reprimand. The city council may issue a reprimand if the city council finds that a violation of this chapter was not minor and was committed intentionally or through reckless disregard of this chapter. 278 Page | 23 TM 128883 4. Resolution of censure. The city council may adopt a resolution of censure if the city council finds that a serious or repeated violation of this chapter has been committed intentionally or through reckless disregard of this chapter and the violation substantially threatens the public trust. 5. Disqualification from contracting. The city council may, to the extent allowed by law, prohibit the person from entering into contracts with the city or from lobbying before the city on behalf of clients. The scope and duration of the disqualification shall be determined by the city council. 6. Voiding of prior actions. The city council may, to the extent allowed by law, void any prior city council or city board or commission action that approved any decision, agreement, award, or contract if the action was taken as a result of a violation of this chapter and the interests of the city require voiding of the prior action. 7. Referral for damages or injunction. The city council may refer the violation to the city attorney for an action to recover damages to the city or to enjoin prohibited actions. 8. Referral for criminal prosecution. The city council may refer the violation to the Coppell Police Department, if the city council finds that the violation warrants criminal prosecution. Sec. 1A-5-6. Prosecution For Perjury. Any person who knowingly files or makes a false sworn statement under this chapter is subject to criminal prosecution for perjury under the laws of the State of Texas. Sec. 1A-5-7. Interference With An Investigation. A person commits an offense if the person interferes with any investigation of an alleged violation of this chapter in any manner, including seeking to persuade or coerce others to withhold their cooperation. Sec. 1A-5-8. Disqualification From Contracting. A. Any person who has been found by the Ethic Review Panel to have intentionally or knowingly violated any provision of this chapter may be prohibited by the city council from entering into any contract with the city for a period of two years. B. It is a violation of this chapter: 1. for a person debarred from entering into a contract with the city to enter or attempt to enter into a contract with the city during the period of disqualification from contracting; or 2. for a city official to knowingly assist in a violation of Subsection (B)(1). C. Nothing in this section prohibits any person from receiving a city service or benefit, or from using a city facility, according to the same terms generally available to the public. D. A business entity may be disqualified from contracting with the city based on the conduct of the entity's employee or agent if the conduct occurred within the scope of employment or agency with the entity. 279 Page | 24 TM 128883 ARTICLE VI. PROCEDURES Sec. 1A-6-1. - Complaint procedure. A. All complaints that an officer has engaged in conduct that violates this Chapter shall be made in writing, sworn to before a notary public, and filed with the city secretary. B. Such complaints shall describe in detail the act or acts complained of and which of the following specific section(s) of this chapter alleged to have been violated. C. A general complaint lacking in detail or failing to identify one or more of the aforementioned sections will not be considered sufficient to invoke the procedures set forth herein and anonymous complaints shall not be considered. D. Complaints relating to an officer shall thereafter immediately be referred for legal review to the office of Special Legal Counsel who shall initially review the complaint to determine if the complaint contains sufficient detail and alleges a violation of the code of conduct as set forth in this article. E. Standard of review. In determining whether a complaint is a vexatious complainant, the Ethics Review Panel may consider the special legal counsel's report and additional evidence of: 1. the timing of the complaints with respect to when the facts supporting the alleged violations became known or should have become known to the complainant; 2. the nature and type of any publicity surrounding the filing of the complaints; 3. the existence and nature of any relationship between the persons charged in the complaints and the complainant before the complaints were filed; 4. whether the complainant knew or reasonably should have known that the allegations in the complaints were groundless; and 5. the complainant's motives in filing the complaints, including whether or not the complaints were meant: a. to abuse the investigative process of the special legal counsel; or b. to harass, annoy, cause delay or detriment to a person subject to a complaint; or c. for a political or other wrongful purpose. F. After legal review counsel shall provide a written report to the city council as soon as possible but not later than 30 days after the day of assignment unless an extension is granted by a majority of the eligible councilmembers. (1) The special counsel may contact the complainant, interview witnesses, and examine any documents necessary for the report. The special counsel may contact the city attorney or city secretary as necessary for assistance. (2) When the special counsel receives a vague complaint or one lacking in detail, the special counsel shall contact the complainant to request a written clarification. If the complainant fails to provide the special counsel with written clarification, or if after written clarification is provided, it is the opinion of the special counsel that the complaint is insufficient in detail and/or fails to allege a prima facie violation of the code of conduct, the matter shall be considered concluded, and a report shall be submitted in accordance with the procedural guidelines for special counsel. 280 Page | 25 TM 128883 (3) If the special counsel determines that a criminal violation may exist, the special counsel shall refer the matter to the appropriate law enforcement agency. If the special counsel determines that the complaint alleges a violation of the code of conduct by a city official and sufficient evidence exists for a prima facie case, the report shall be referred to the Ethic Review which shall be convened in accordance with procedures as set forth in Article 2-10 of the Code of Ordinances. A hearing shall be held by the conduct review board to review the referred complaint. Sec. 1A-6-2. Hearings and Procedures All hearings of the Conduct Review Panel shall be conducted in accordance with the administrative procedures for the Ethics Review Panel as adopted by the City Council, which shall include the following: A. The Conduct Review Panel shall have all of the powers of investigation including subpoena power as are given to the city council by reason of the City Charter. The panel may request, and if necessary, subpoena, witnesses, books, records or any documents which relate to the allegations or complaint. The chairperson shall issue any subpoenas requested for relevant and necessary witnesses or other evidence. The refusal of the chairperson to issue any subpoena may be reconsidered by the conduct review panel. B. An officer or person subject to a compliant shall have the right to be represented by counsel, to call, examine and cross-examine witnesses and present evidence. C. The Conduct Review Panel shall review the complaint referred by the special counsel and receive evidence from the officer, or any other person, as the panel deems necessary. Hearings of the panel are closed to the public pursuant to Section 551.074 of the Texas Government Code. The panel may convene into closed session to deliberate the evidence and seek legal advice but shall vote and announce its decision in open session. D. The panel, upon completion of any hearing, shall render a decision in writing to the city attorney and the officer involved within 20 days, either determining no violation occurred, or setting forth requirements for voluntary compliance. In the event that voluntary compliance is not obtainable, recommendation for action consistent this article. E. The chairperson, on behalf of the panel, shall direct the presentation of evidence and examine witnesses as necessary to bring out all the facts relating to the referred complaint. The chairperson shall preserve order, determine the time and location for any hearings, recess or adjourn the panel, as necessary, and administer oaths to witnesses. F. The city attorney shall serve as a legal advisor to the panel on legal and procedural matters but shall not be a voting member. 281 Page | 26 TM 128883 G. The city secretary or designated representative shall give timely notice of the time and place for hearings of the panel to all participants, including the affected official, panel members, city attorney, the complainant, and any witnesses as applicable. The city secretary shall prepare and keep minutes of the hearings of the panel in accordance with applicable state law. The city secretary shall ensure that the site for the hearing is adequate and in good order. Sec. 1A-6-3. - Limitations. A person must bring a complaint that an officer has violated the code of conduct outlined in this article not later than six months after the day the complained of act or acts occurred or discovery thereof whichever is greater.” SECTION 2. That the provisions of this ordinance shall only apply to the terms which begin after the effective date of this ordinance. SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. 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 5. 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 6. That this ordinance shall take effect after its passage. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of , 2022. 282 Page | 27 TM 128883 APPROVED: WES MAYS, MAYOR ATTEST: ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY 283 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6218 File ID: Type: Status: 2022-6218 Agenda Item Agenda Ready 1Version: Reference: In Control: City Council 04/05/2022File Created: Final Action: Amending Ch 2File Name: Title: Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 2 ‘Boards and Commissions’ by adding new Article 2-10 ‘Special Legal Counsel/Ethics Review Panel’ to establish an Ethics Review Panel; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Ordinance adding Article 2-10.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 2022-6218 Title Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 2 ‘Boards and Commissions’ by adding new Article 2-10 ‘Special Legal Counsel/Ethics Review Panel’ to establish an Ethics Review Panel; and authorizing the Mayor to sign. Summary Fiscal Impact: None Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 4/8/2022 284 Page | 1 TM 127717 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 2 ‘BOARDS AND COMMISSIONS’ BY ADDING NEW ARTICLE 2-10 ‘SPECIAL LEGAL COUNSEL/ETHICS REVIEW PANEL’ TO ESTABLISH AN ETHICS REVIEW PANEL; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to establish Panel of qualified persons to administer as special counsel and panel members; and, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 2, “Boards and Commissions” of the Code of Ordinances is hereby amended by adding a new Article 2-10 “Special Legal Counsel / Ethics Review Panel” to read as follows: “CHAPTER 2 – BOARDS AND COMMISSIONS ARTICLE 2-1 – LIBRARY BOARD . . . . . ARTICLE 2-10 - SPECIAL LEGAL COUNSEL/ETHICS REVIEW PANEL Sec. 2-10-1.- Special Ethics Legal Counsel The special ethics legal counsel shall be appointed to serve at the pleasure of the City Council and shall be a resident of the city and licensed in good standing to practice law in the State of Texas; and shall not be in arrears in the payment of taxes or other liability to the city or have been a party to or represented any party to any litigation involving and/or with adverse interests to the city. The special counsel shall be selected to act on any complaint under Chapter 1A on a rotation basis from a list of such attorneys established by the city council for these purposes; said attorney(s) shall have all the powers of investigation as are given to the city council by reason of the City Charter when discharging their duties under said article. 285 Page | 2 TM 127717 A request for participation of who is a resident of the City and is a registered voter to serve on the Special Legal Counsel under this article and qualified to serve as special counsel, shall be placed on the city website, official newspaper or through social media. Applications for such participation shall be filed with the city secretary at the same time the city council seeks applicants for boards and commissions. Applicants shall be interviewed in the manner adopted by the city for the interviewing of such applicants. Sec. 2-10-2. –Ethics Review Members/Appointment City Council shall appoint three (3) to nine (9) persons to be eligible for selection to an Ethics Review Panel who shall serve at the pleasure of the City Council to hear complaints under Chapter 1A-1 of the Coppell Code of Ordinance. No citizen who is in arrears in the payment of any taxes or other liability due the city or who has been a party to litigation involving and/or with adverse interests to the city is eligible to serve on the Ethics Review Panel. The mayor, or the mayor pro tem in the mayor's absence, shall serve as the chairperson. In the event the complaint concerns the mayor or mayor pro tem, such person or persons shall be replaced by a member of the city council drawn by lot. In the event the mayor and mayor pro tem are replaced, the senior councilmember(s) shall serve as the chairperson and/or vice chairpersons. A request for participation of who is a resident of the City and is a registered voter to serve on the Special Legal Counsel under this article and qualified to serve as special counsel, shall be placed on the city website, official newspaper or through social media. Applications for such participation shall be filed with the city secretary at the same time the city council seeks applicants for boards and commissions. Applicants shall be interviewed in the manner adopted by the city for the interviewing of such applicants. Sec. 2-10-3. – Ethics Review Panel The Ethics Review Panel shall hear any compliant as authorized under Chapter 1A and shall be comprised of the mayor, the mayor pro tem, and three (3) members of Ethics Review Membership selected by random lot of the appointees to serve on the ethic review panel and shall conduct those responsibilities as set forth in said article.” SECTION 2. That the provisions of this ordinance shall only apply to the terms which begin after the effective date of this ordinance. SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. 286 Page | 3 TM 127717 SECTION 4. 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 5. 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 6. That this ordinance shall take effect after its passage. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2022. APPROVED: WES MAYS, MAYOR ATTEST: ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY 287 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6211 File ID: Type: Status: 2022-6211 Agenda Item Mayor and Council Reports 1Version: Reference: In Control: City Council 04/04/2022File Created: Final Action: Mayor and CC eventsFile Name: Title: Report by the City Council regarding 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 2022-6211 Title Report by the City Council regarding recent and upcoming events. Summary Page 1City of Coppell, Texas Printed on 4/8/2022 288