The URL can be used to link to this page

CP 2023-09-12City Council City of Coppell, Texas Meeting Agenda 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers6:00 PMTuesday, September 12, 2023 WES MAYS JOHN JUN Mayor Mayor Pro Tem JIM WALKER KEVIN NEVELS Place 1 Place 4 BRIANNA HINOJOSA-SMITH BIJU MATHEW Place 2 Place 6 DON CARROLL MARK HILL Place 3 Place 7 MIKE LAND City Manager Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session at 6:00 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 551.072, Texas Government Code - Deliberation regarding the purchase, exchange, lease, or value of Real Property. Page 1 City of Coppell, Texas Printed on 9/8/2023 1 September 12, 2023City Council Meeting Agenda Discussion regarding property located north of Southwestern Boulevard and west of Freeport Parkway. 3.Work Session (Open to the Public) 1st Floor Conference Room Citizen comments will not be heard during the Work Session, but will be heard during the Regular Session under Citizens' Appearance. A. Discussion regarding agenda items. B.Presentation of FY24 Work Plan. Memo.pdf FY24 Work Plan.pdf Attachments: Regular Session 4. Invocation 7:30 p.m. 5.Pledge of Allegiance Proclamations 6.Presentation of a Proclamation celebrating the month of September as “Senior Center Month.” Proclamation.pdfAttachments: 7. Citizens’ Appearance 8.Consent Agenda A.Consider approval of the minutes: August 22, 2023, and August 29, 2023. CM 2023-08-22.pdf CM 2023-08-29 (5th Tuesday).pdf Attachments: B.Consider approval of awarding a bid to Entrust One Services for Custodial Services at the Coppell Arts Center, not to exceed budgeted annual expenses of $75,000, as budgeted; and authorizing the City Manager to sign any necessary documents. Memo.pdf Agreement.pdf Attachments: C.Consider approval of awarding a bid to Andy Frain Services for Security Services at the Coppell Arts Center, in an amount not to exceed $85,000.00, as budgeted; and authorizing the City Manager to sign any necessary documents. Memo.pdf Agreement.pdf Attachments: Page 2 City of Coppell, Texas Printed on 9/8/2023 2 September 12, 2023City Council Meeting Agenda D.Consider approval of a professional services agreement with Dunaway, in the amount of $159,500.00, as provided for in the general fund, to prepare a comprehensive Community Experiences Department Master Plan; and authorizing the City Manager to sign any necessary documents. Memo.pdf Proposal.pdf Attachments: E.Consider approval of an award to Aquatech Solutions America Inc. for the replacement of the outdoor waterslide tower at The CORE, in the amount of $219,000.00 as provided for in the Coppell Recreation Development Corporation (CRDC) Fund and the Recreational Programs Special Revenue Fund; and authorizing the City Manager to sign any necessary documents. Memo.pdf Quote.pdf Attachments: F.Consider approval of a professional services agreement with Olsson Studio, for design services for the Veterans Memorial project in the amount of $186,761 as provided for in the Coppell Recreation Development Corporation assigned fund balance; and authorizing the City Manager to sign any necessary documents. Memo.pdf Agreement.pdf Attachments: G.Consider approval of an Interlocal Agreement renewal between the City of Coppell and SPAN, Inc., for the provision of transit services for older persons, persons with disabilities, veterans, and the general public; as provided for by the CARES Act funding as dispensed through SPAN, Inc., authorizing the Mayor to sign and the City Manager to execute any necessary documents. Memo.pdf FY24 Agreement.pdf SPAN Report.pdf Attachments: H.Consider approval of an agreement between the City of Coppell and the Coppell Chamber of Commerce for the 2023-2024 Discover Coppell Marketing Campaign utilizing hotel occupancy tax proceeds as provided by the Hotel Occupancy Tax Special Revenue Fund; and authorizing the City Manager to sign any necessary documents. Memo.pdf Agreement.pdf Attachments: I.Consider approval of the Fourth Amended and Restated Interlocal Cooperation Agreement by and between the City of Coppell and Denton County Transportation Authority to provide transportation services for Coppell businesses; and authorizing the Mayor to sign. Page 3 City of Coppell, Texas Printed on 9/8/2023 3 September 12, 2023City Council Meeting Agenda Memo.pdf Interlocal Agreement.pdf Attachments: J.Consider approval to enter into a Developers Agreement between the City of Coppell and Victory Retail Coppell, LLC.; for the reimbursement of design, construction, and installation of infrastructure improvements with the S. Belt Line project; and authorizing the City Manager to sign necessary agreements. Memo.pdf Agreement - Victory Exhibit.pdf Development Agreement.pdf Attachments: K.Consider approval of TIPS contract award to C&J’s Designs and Solutions of East Texas, LLC; for the construction of a sidewalk along Canyon Drive; in the amount of $166,705.00; as provided for in the Infrastructure Maintenance Fund’s Fund Balance; and authorizing the City Manager to sign any necessary documents. Memo.pdf Sidewalk Exhibit.pdf Canyon Sidewalk Infill Bid Tab.pdf Attachments: L.Consider approval of awarding Bid #Q-0723-01 to Reliable Paving, Inc.; for the re-construction of Woodhurst Drive; in the amount of $4,843,494.15; as provided for in the 2020 Bond issue; and authorizing the City Manager to sign any necessary documents. Memo.pdf Exhibit.pdf Bid Tab.pdf Attachments: M.Consider approval to enter into a Small Government Enterprise Agreement (SGEA) with Environmental Systems Research Institute (ESRI); for Geographical Information Systems (GIS) Software Licensing and maintenance; in the amount of $100,200.00 over a three-year period; as budgeted in the General Fund; and authorizing the City Manager to sign any necessary documents. Memo.pdf Quote.pdf Attachments: N.Consider approval of a Resolution of the City Council of the City of Coppell, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division regarding the Company’s 2023 rate review mechanism filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the settlement; approving an attachment establishing a benchmark for pensions and retiree medical benefits; Page 4 City of Coppell, Texas Printed on 9/8/2023 4 September 12, 2023City Council Meeting Agenda finding the rates to be set by the tariffs to be just and reasonable and in the public interest; requiring the Company to reimburse ACSC’s reasonable ratemaking expenses; determining that this Resolution was passed in accordance with the requirements of the Texas Open Meetings Act; and authorizing the Mayor to sign. Memo.pdf CY22 MTX RRM - Tariffs.pdf CY22 MTX RRM - Average Bill.pdf CY22 MTX RRM - Pension Benchmark.pdf Atmos Mid-Tex Resolution.pdf Attachments: End of Consent Agenda 9.PUBLIC HEARING: Consider approval of a zoning change request from PD-264-RBN5 (Planned Development-264-Residential Urban Neighborhood 5) to PD-264R-RBN5 (Planned Development-264 Revised-Residential Urban Neighborhood 5) to allow the removal of five (5) Leyland Cypress Trees on 7.1 acres of property located on Common Area Lot 1X, Block D, Easthaven (Eastlake) at the request of Easthaven HOA, being represented by affected property owner, Kristina Lowe. Memo.pdf Staff Report.pdf Photo of Trees.pdf Photos of Cypress Knees at 635 Canemount.pdf Email from Applicant.pdf Attachments: 10.PUBLIC HEARING: Consider approval of a zoning change request from PD-308-C (Planned Development-308-Commercial) to PD-308R-C (Planned Development-308 Revised-Commercial), to allow a revised plan for a new fuel service station with five (5) fuel pumps located at 950 E. Sandy Lake Road. Memo.pdf Staff Report.pdf Letter from Applicant.pdf Site Plan.pdf Landscape Plan.pdf Tree Survey.pdf Elevations.pdf Signage Plan.pdf Photometric Plan.pdf Parking Study.pdf Attachments: Page 5 City of Coppell, Texas Printed on 9/8/2023 5 September 12, 2023City Council Meeting Agenda 11.PUBLIC HEARING: Consider approval of PD-210R2-SF-9, 416 Kaye Street (STR), a zoning change request from PD-210-SF-9 (Planned Development-210 - Single-Family-9) to PD-210R2-HC (Planned Development-210 Revision 2- Single-Family 9) to approve a Short-Term Rental (STR) on 0.22 acres of property located at 416 Kaye Street, at the request of Lorna Bell, the property owner. Memo.pdf Staff Report.pdf Site Plan.pdf Parking Plan.pdf Room for Rent sketch.pdf Pamphlet.pdf Photos.pdf Airbnb Listing.pdf Attachments: 12.PUBLIC HEARING: Consider approval of PD-311-LI, AstraZeneca Tank Farm, being a portion of Lot 3R1, Block 8, Parkwest Commerce Center, a zoning change request from LI to PD-311-LI (Planned Development-311-Light Industrial) to allow the construction of a 19,893 square foot accessory tank farm structure and approximate 3,000 square foot building addition to the existing office/warehouse building on approximately 8 acres, being a portion of Lot 3R1, Block 8 located at 508 Wrangler Drive, at the request of ML Realty on behalf of AstraZeneca, being represented by Allen Hager, DPR Construction. Memo.pdf Staff Report.pdf Detail Site Plan.pdf Elevation Renderings.pdf Floor Plan.pdf Landscape Plan.pdf Narrative.pdf Parking Memo.pdf Attachments: 13.PUBLIC HEARING: Consider approval of PD-309-SF-12 & C, Forest Creek, Lots 1 & 2, Block A, a zoning change request from C (Commercial) to PD-309-SF-12 & C (Planned Development-309-Single Family-12 & Commercial), to allow the development of a residence and professional office building on two lots totaling 2.05 acres of property located on the west side of S. Denton Tap Road approximately 450 feet north of W Bethel Road, at the request of Jose Fernando Teruya, FTA Design Studio, Inc. Page 6 City of Coppell, Texas Printed on 9/8/2023 6 September 12, 2023City Council Meeting Agenda Memo.pdf Staff Report.pdf Detail Site Plan.pdf Elevation Renderings and Material Exhibit.pdf Landscape Plan.pdf Attachments: 14.City Manager Reports, Project Updates, Future Agendas, and Direction from Work Session 15. Mayor and Council Reports on Recent and Upcoming Events. 16.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 17.Necessary Action from Executive Session 18. 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 September, 2023, 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 7 City of Coppell, Texas Printed on 9/8/2023 7 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7084 File ID: Type: Status: 2023-7084 Agenda Item Executive Session 2Version: Reference: In Control: City Council 09/01/2023File Created: Final Action: Exec Session - land sale in Old Town CoppellFile Name: Title: Discussion regarding property located north of Southwestern Boulevard and west of Freeport Parkway. Notes: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7084 Title Discussion regarding property located north of Southwestern Boulevard and west of Freeport Parkway. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: [Enter Staff Recommendation Here] Strategic Pillar Icon: Create Business and Innovation Nodes Page 1City of Coppell, Texas Printed on 9/8/2023 8 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7081 File ID: Type: Status: 2023-7081 Agenda Item Work Session 1Version: Reference: In Control: City Council 08/31/2023File Created: Final Action: WS 9/12/23File Name: Title: A. Discussion regarding agenda items. B.Presentation of FY24 Work Plan. Notes: Sponsors: Enactment Date: Memo.pdf, FY24 Work Plan.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7081 Title A. Discussion regarding agenda items. B. Presentation of FY24 Work Plan. Summary Page 1City of Coppell, Texas Printed on 9/8/2023 9 1 MEMORANDUM To: Mayor and City Council From: Traci Leach, Deputy City Manager Date: September 12, 2023 Reference: FY24 Annual Work Plan Introduction: The purpose of this agenda item is to provide a final opportunity for any City Council input or feedback regarding the proposed FY24 Work Plan. The FY24 Work Plan will be included in the September 26, 2023, meeting for City Council consideration and approval. Background: The proposed FY 2024 Council Goals and Staff Work Plan was developed in response to the work and direction done by the Coppell City Council during the January 2023 City Council Retreat with some additional input around the Vision 2040 Plan. The results of the City Council’s work were incorporated into the development of the proposed 2023-24 Budget and provide the direction for staff activities in accomplishing the City Council’s stated goals for the coming fiscal year. Analysis: The document is formatted as it has been in the past to reflect the Vision 2040 Pillars and Goals. The first column identifies the 2040 Pillar. The second column identifies the 2040 Goals as prioritized by City Council during the January retreat and in support of the specific pillar. The third column identifies the work plan objectives in support of the City Council adopted pillars and goals. Work on these items will begin after October 1, 2023, with the start of the new fiscal year. Recommendation: None. 10 Icon Goal FY 24 Work Plan Objective Responsibility Diversify learning and enrichment opportunities available in Coppell Explore citizen-led classes/programs at various facilities CE In coordination with EX and Allies, explore the development of yearly proclamation schedule to promote inclusivity CSO Explore opportunities for allyship initiatives EX Provide educational resources that support allyship EX Explore Coppell-style Story Corps COMM Develop a "sense of neighborhood" at an appropriate scale Explore dog park/neighborhood park clean-up projects and events CE Work with community partners to survey neighborhoods to identify character defining elements of each neighborhood CD Explore an incentive program for refurbishing older homes CD Explore first-time homebuyer program CD Implement Village Concept CD Explore creation of a new multi-family district category in Zoning Ordinance for active adult living CD Explore refit and refurbishment of older housing stock Explore new options for 55 plus (or aging in place) that maintain high standard of living while reducing footprint 2040 Strategy Pillar One: Perpetuate a Learning Environment Pillar Two: Foster an Inclusive Community Fabric Pillar Four: Future-Oriented Approach to Residential Housing Purposefully break barriers to inclusion Pillar Three: Enhance the Unique "Community Oasis" Experience 11 Icon Goal FY 24 Work Plan Objective Responsibility 2040 Strategy Move Kaleidoscope to OT and partner with Arts Center on cultural performances CE Host voter registration drives/booths and election education at OT events and Farmers Market CSO Study Old Town Coppell to determine the appropriate measures for activation of the Square.CD Explore temporary use of the pad site next to Twisted Root CD Proposed ordinance changes to incoporate items discussed during FY23 Roundtable on future retail trends CD Explore developer agreements, façade grants, and other economic development tools to encourage the rehab and re-purposing of commercial areas CD Explore a business incubator/commercial kitchen incubator CD Explore pop-up business support CD Encourage redevelopment of "hot spots" along commercia/retail corridors as major creativity zones Study trends in other communities related to creativity zones CD Study trends in commercial/warehouse districts in other parts of the country to prepare for future ordinance changes CD Propose ordinance changes to incoporate items discussed during FY23 Roundtable CD Begin study of autonomous vehicle connection to Cypress Waters Station PW/CMO/CD Begin operational strategies for DART System impacts PD Explore connection to Hyperbolic Dr with the City of Dallas to provide opportunity for development in Sanders Loop area PW Complete Royal reconstruction PW Build Coppell’s transportation system to connect with regional systems Pillar Five: Create Business and Innovation Nodes Explore future trends in retail and re-purposing commercial areas Work with the commercial/ warehouse district on future Version 2.0 and encourage redevelopment of ‘hot spots’ along commercial/retail corridors as major creativity zones Support the Old Town area and concept Pillar Six: Implement Innovative Transportation Networks 12 Icon Goal FY 24 Work Plan Objective Responsibility 2040 Strategy Implement Fiber Masterplan ES/PW Explore Branding Strategy for Coppell as a Smart City COMM Explore Autonomous Vehicle Program Define sustainable building standards for existing City facilities ES/PW Explore other payment methods for customers to use SFE As a fiduciary, the City will ensure that there are adequate financial resources to support City services.Explore non-traditional ways to monetize city assets, services, and facilities SFE Conduct city-wide communications survey and evaluate communications strategy COMM Develop strategy to determine progress of Vision 2040 Strategic Plan CMO Complete Community Experiences Master Plan Update CE Complete Woodhurst reconstruction PW Complete water system redundancy project PW Rehab Village Parkway ground storage tanks PW Complete Magnolia Park Trail connection CE Complete Duck Pond Park improvements CE Complete Moore Road Boardwalk CE Complete Dog Park reconstruction CE Complete Veterans Memorial CE Continue Service Center design and construction PW Complete design for Fire Station 5 FD The City will maintain a quality work force to serve the community.Complete belonging education for all employees EX City Services will be provided in a manner that ensures high levels of customer satisfaction City Infrastructure will be wellmaintained and consistent with the Council's value proposition. Build backbone of Smart Operating Systems for all resource management Pillar 7: Apply Smart City Approach to Resource Management Foundation: Sustainable Government 13 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7095 File ID: Type: Status: 2023-7095 Agenda Item Proclamations 1Version: Reference: In Control: Parks and Recreation 09/05/2023File Created: Final Action: Senior Center MonthFile Name: Title: Presentation of a Proclamation celebrating the month of September as “Senior Center Month.” Notes: Sponsors: Enactment Date: Proclamation.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7095 Title Presentation of a Proclamation celebrating the month of September as “Senior Center Month.” Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: Strategic Pillar Icon: Perpetuate a Learning Environment Foster an Inclusive Community Fabric Enhance the Unique 'Community Oasis' Experience Future Oriented Approach to Residential Development Page 1City of Coppell, Texas Printed on 9/8/2023 14 Master Continued (2023-7095) Create Business and Innovation Nodes Implement Innovative Transportation Networks Apply 'Smart City' Approach to Resource Management Sustainable Government Page 2City of Coppell, Texas Printed on 9/8/2023 15 PROCLAMATION WHEREAS, older Americans are significant members of our society, investing their wisdom and experience to help enrich and strengthen their community; and WHEREAS, the Coppell Senior and Community Center has acted as a catalyst for mobilizing the creativity, energy, vitality, and commitment of the older residents of Coppell; and WHEREAS, through the wide array of services, programs, and activities the Coppell Senior and Community Center empowers adults 50 and over of Coppell to contribute to their own health and well-being; and WHEREAS, the Coppell Senior and Community Center will continue to affirm the dignity, self- worth, and independence of adults 50 in over in Copell by tapping their experiences, skills, and knowledge and enabling their continued contributions to our community. NOW THEREFORE, I, Wes Mays, Mayor of the City of Coppell, do hereby proclaim the month of September as "SENIOR CENTER MONTH” in the City of Coppell, and I encourage all citizens to recognize the special contributions of the Senior Center members and the special efforts of the staff who work every day to enhance the well-being of the older citizens in our 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 September 2023. Wes Mays, Mayor ATTEST: Ashley Owens, City Secretary 16 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7080 File ID: Type: Status: 2023-7080 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 08/29/2023File Created: Final Action: Minutes 9/12/23File Name: Title: Consider approval of the minutes: August 22, 2023, and August 29, 2023. Notes: Sponsors: Enactment Date: CM 2023-08-22.pdf, CM 2023-08-29 (5th Tuesday).pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7080 Title Consider approval of the minutes: August 22, 2023, and August 29, 2023. Summary Page 1City of Coppell, Texas Printed on 9/8/2023 17 255 E. Parkway Boulevard Coppell, Texas 75019-9478City of Coppell, Texas Minutes City Council 6:30 PM Council ChambersTuesday, August 22, 2023 WES MAYS JOHN JUN Mayor Mayor Pro Tem JIM WALKER KEVIN NEVELS Place 1 Place 4 BRIANNA HINOJOSA-SMITH BIJU MATHEW Place 2 Place 6 DON CARROLL MARK HILL Place 3 Place 7 MIKE LAND City Manager Wes Mays;Jim Walker;Brianna Hinojosa-Smith;Don Carroll;Kevin Nevels;John Jun;Biju Mathew and Mark Hill Present 8 - Also present were Deputy City Manager Traci Leach, City Attorney David Berman, and City Secretary Ashley Owens. The City Council of the City of Coppell met in Regular Session on Tuesday, August 22, 2023, at 6:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Call to Order1. Mayor Wes Mays called the meeting to order, determined that a quorum was present and convened into the Executive Session at 6:30 p.m. Executive Session (Closed to the Public) 1st Floor Conference Room2. Section 551.087, Texas Government Code - Economic Development Negotiations. Discussion regarding economic development prospects north of Sandy Lake Road and west of Freeport Parkway. Discussed under Executive Session Page 1City of Coppell, Texas 18 August 22, 2023City Council Minutes Work Session (Open to the Public) 1st Floor Conference Room Citizen comments will not be heard during the Work Session, but will be heard during the Regular Session under Citizens' Appearance. 3. A. Discussion regarding agenda items. B.Discussion regarding Workforce Transit. Presented in Work Session. Mayor Wes Mays adjourned the Work Session at 9:16 p.m. and reconvened into the Regular Session at 9:18 p.m. Regular Session Mayor Wes Mays adjourned the Executive Session at 7:26 p.m. and convened into the Regular Session at 7:36 p.m. Invocation 7:30 p.m.4. Rev. Sumesh Jacob, with First United Methodist Church, gave the Invocation. Pledge of Allegiance5. Mayor Wes Mays led the audience in the Pledge of Allegiance. Presentations 6.Presentation on city-wide water usage and water restrictions. Director of Public Works Mike Garza gave a presentation to City Council. Citizens’ Appearance7. Mayor Wes Mays asked for those who signed up to speak: 1) Barbara Bailey, 232 Plantation Drive, spoke in regards to curbs and ramps. 2) Thomas Burrows, 138 Wynnpage, spoke in regards to code enforcement. Consent Agenda8. A.Consider approval of the Minutes: July 24, 2023, and August 8, 2023. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Brianna Hinojosa-Smith, that Consent Agenda Items A through D be approved. The motion passed by an unanimous vote. B.Consider adoption of the Annual Investment Policy. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Brianna Hinojosa-Smith, that Consent Agenda Items A through D be approved. The motion passed by an unanimous vote. Page 2City of Coppell, Texas 19 August 22, 2023City Council Minutes C.Consider approval of revisions to the written Fund Balance Policy of the City of Coppell, Texas, to include undesignated fund balance requirements for the General Fund and adding both the Hotel Occupancy Tax and Drainage Utility District Special Revenue Funds to the policy. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Brianna Hinojosa-Smith, that Consent Agenda Items A through D be approved. The motion passed by an unanimous vote. D.Consider approval of change order #3 for the S. Belt Line Reconstruction project with McMahon Contracting; in the amount of $1,556,196.30; provided for through proceeds from the Northlake sale; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Brianna Hinojosa-Smith, that Consent Agenda Items A through D be approved. The motion passed by an unanimous vote. End of Consent Agenda 9.PUBLIC HEARING: To receive public comment on the proposed 2023-24 Budget for the Coppell Crime Control and Prevention District. Mayor Wes Mays opened Public Hearing Item Nos. 9 - 11. Kim Tiehen, Director of Strategic Financial Engagement, presented to City Council regarding the proposed 2023-2024 Budget for the Coppell Crime Control and Prevention District, the proposed 2023-24 Municipal Budget, and the proposed 2023-24 tax rate of $0.491818. Mayor Wes Mays asked for those who signed up to speak: 1) Barbara Bailey, 232 Plantation Drive, spoke on Public Hearing Item No. 11. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Jim Walker, that Public Hearing Item Nos. 9, 10, and 11 be closed. The motion passed by an unanimous vote. 10.PUBLIC HEARING: To receive public comment concerning the proposed 2023-24 Municipal Budget. Please see Public Hearing Item No. 9 11.PUBLIC HEARING: To receive public comment concerning the proposed 2023-24 tax rate of $0.491818. Please see Public Hearing Item No. 9 12.Consider approval of an Ordinance approving and adopting the budget Page 3City of Coppell, Texas 20 August 22, 2023City Council Minutes for the City of Coppell, Texas for the fiscal year of October 1, 2023, through September 30, 2024; and authorizing the Mayor to sign. A motion was made by Councilmember Mark Hill, seconded by Councilmember Don Carroll, that this Agenda Items be approved. The motion passed by an unanimous vote. Enactment No: OR 2023-1599 13.Consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes for the tax year 2023 at $0.491818 on each one hundred dollars ($100) assessed value of taxable property, on which $0.421666 is for operations and maintenance and $0.070152 is for interest and sinking; and authorizing the Mayor to sign. A motion was made by Councilmember Mark Hill, seconded by Councilmember Brianna Hinojosa-Smith, that this Agenda Items be approved. The motion passed by an unanimous vote. Enactment No: OR 2023-1600 14.Consider ratification of the vote on the FY 2023-24 annual budget which results in more revenue from ad valorem taxes than the previous year. A motion was made by Councilmember Mark Hill, seconded by Councilmember Don Carroll, that this Agenda Items be approved. The motion passed by an unanimous vote. City Manager Reports, Project Updates, Future Agendas, and Direction from Work Session 15. Tyler Munis Upgrade - On September 14th and 15th, we will be upgrading our Munis software application. Online payments for permitting and utility billing will not be available for the two days. Additionally, the drive through kiosk at Town Center will be offline for the two days. For anyone wanting to make a payment, Utility Billing and Community Development will be able to accept a check in person or a credit card payment either in person or over the phone. Please note, this is not a Utility Bill due date. Utility bills are due on the 5th and the 20th of each month. In addition, we know that the system being down may provide an inconvenience for some. Therefore, we will not assess late penalties during the month of September. Residents will still be able to access their Get to Know your H2O portal but will not be able to access their Citizen Self-Service Portal. The upgrade will include additional security features and will require existing Citizen Self-Service Portal users to reset their password when the system is back online. There will be no impact to new account turn-ons during the upgrade process. Lastly, Community Experience facilities and the Municipal Court are not impacted during the upgrade process. Moore Road Boardwalk – This project is about 95% complete. We are working with the contractor to determine a potential ribbon cutting ceremony, tentatively looking at October. Page 4City of Coppell, Texas 21 August 22, 2023City Council Minutes The Duck Pond Park Improvements – Construction continues to progress on schedule. The project is about 35% complete. As a reminder, this park will be closed for public access during the duration of the project. Thweatt Park – The contractor is making good progress - we are close to 55% project completion. As a reminder, this park will be closed for public access during the duration of the project. S. Belt Line Road – The contractor continues working on medians and traffic signals. The final phase from Hackberry to 635 is anticipated to start next week and will take four to six months to complete. Village Parkway Pump Station Generator – The permanent generator was delivered and installed on Friday August 18th. It will take a couple of weeks to get it connected, tested and running. DART - MacArthur track work – They are continuing to install the track. Mayor and Council Reports on Recent and Upcoming Events.16. The City of Coppell has entered the second stage of its Water Conservation Plan, Water Watch. As a result, utility customers may only irrigate on specified days. Please visit the city’s website for more information. The City of Coppell is requesting resident feedback! The City’s FOARD Task Force has released a survey – which can be found at the city’s website – to gather feedback about housing options for Coppell’s active adults, residents over the age of 55. The survey will be open until September 1, 2023. Do you want to get involved in your community and make a difference? Apply to serve on one of the City of Coppell’s Boards and Commissions! Learn more about the open positions at coppelltx.gov/boards. The application period is September 4th through October 1st. Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. 17. A. Report on Dallas Regional Mobility Coalition - Councilmember Don Carroll Councilmember Don Carroll reported that Dallas Regional Mobility Coalition (DRMC) is processing what was passed through the recent legislative session and how to spend the money that the state approved. Fellow councilmembers congratulated Councilmember Don Carroll who is the newly elected Chair of DRMC. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 18. Nothing to report. Necessary Action from Executive Session19. There was no action resulting from Executive Session. Page 5City of Coppell, Texas 22 August 22, 2023City Council Minutes Mayor Wes Mays recessed the Regular Session at 9:01 p.m. and convened into the Work Session at 9:02 p.m. Adjournment20. There being no further business before the City Council, the meeting was adjourned at 9:18 p.m. ________________________ Wes Mays, Mayor ATTEST: ________________________ Ashley Owens, City Secretary Page 6City of Coppell, Texas 23 255 E. Parkway Boulevard Coppell, Texas 75019-9478 City of Coppell, Texas Minutes City Council 6:00 PM Life Safety Park, 820 S. Coppell RdTuesday, August 29, 2023 5th Tuesday Work Session WES MAYS JOHN JUN Mayor Mayor Pro Tem JIM WALKER KEVIN NEVELS Place 1 Place 4 BRIANNA HINOJOSA-SMITH BIJU MATHEW Place 2 Place 6 DON CARROLL MARK HILL Place 3 Place 7 MIKE LAND City Manager Wes Mays;Jim Walker;Brianna Hinojosa-Smith;Don Carroll;Kevin Nevels;John Jun;Biju Mathew and Mark Hill Present 8 - Also present were Deputy City Manager Traci Leach and City Secretary Ashley Owens. The City Council of the City of Coppell met in Work Session on Tuesday, August 29, 2023, at 6:00 p.m. in the Meeting Rooms at Life Safety Park, 820 S. Coppell Road, Coppell, Texas. Work Session (Open to the Public) Call to Order1. Mayor Wes Mays called the meeting to order, determined that a quorum was present and convened into the Work Session at 6:00 p.m. Citizens’ Appearance2. Mayor Wes Mays stated that no one signed up to speak. 3.Presentation and discussion of DeVos Institute of Arts Management study regarding the Coppell Arts Center operations and partnerships. Page 1City of Coppell, Texas 24 August 29, 2023City Council Minutes Brett Egan, President of DeVos Institute of Arts Management, presented to Mayor and City Council. Discussion ensued between City Council. Adjournment4. There being no further business before the City Council, the meeting was adjourned at 8:04 p.m. ________________________ Wes Mays, Mayor ATTEST: ________________________ Ashley Owens, City Secretary Page 2City of Coppell, Texas 25 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7060 File ID: Type: Status: 2023-7060 Agenda Item Consent Agenda 1Version: Reference: In Control: Parks and Recreation 08/15/2023File Created: Final Action: Custodial ContractFile Name: Title: Consider approval of awarding a bid to Entrust One Services for Custodial Services at the Coppell Arts Center, not to exceed budgeted annual expenses of $75,000, as budgeted; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Agreement.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7060 Title Consider approval of awarding a bid to Entrust One Services for Custodial Services at the Coppell Arts Center, not to exceed budgeted annual expenses of $75,000, as budgeted; and authorizing the City Manager to sign any necessary documents. Summary See attached memo. Fiscal Impact: The fiscal impact of this item is $75,000, as budgeted. Staff Recommendation: The Community Experiences Department recommends approval. Strategic Pillar Icon: Page 1City of Coppell, Texas Printed on 9/8/2023 26 Master Continued (2023-7060) Enhance the Unique 'Community Oasis' Experience Page 2City of Coppell, Texas Printed on 9/8/2023 27 1 MEMORANDUM To: Mayor and City Council From: Ginene Delcioppo, Coppell Arts Center Manager Jessica Carpenter, Director of Community Experiences Date: September 12, 2023 Reference: Consider approval of awarding a bid to Entrust One Services for Custodial Services at the Coppell Arts Center, not to exceed budgeted annual expenses of $75,000, as budgeted; and authorize the City Manager to sign any necessary documents. 2040: Enhance the Unique “Community Oasis” Experience Introduction: The Coppell Arts Center contracts and annually budgets for service vendors to provide daily operations at the center. These service vendors include a Public Relations & Marketing Firm, a Food and Beverage operator, Custodial Services, and a Security Services company. The current contract for Custodial Services will expire at the end of this fiscal year. The Center’s staff, along with the assistance of Procurement and key team members from Public Works and Community Experiences, conducted a Request for Proposals to select a custodial services vendor required to operate the facility. The RFP was conducted in accordance with municipal procurement law, and the vendor was selected using best-fit criteria, which included experience, customer service approach, referrals, pricing structure, and alignment with the City’s core values. Background: • Entrust One is the vendor selected by the RFP committee to provide full-time custodial services in accordance with the scope of services. • Staff received four (4) proposals from the RFP process. • Dallas-based vendor that can provide better communication and responsiveness. • Provided one of the lower rates for labor, equipment, and supplies. • Vendor does not bill for overtime. • Current clients include the AT&T Performing Arts Center and City of Sherman. We will work with the account manager who handles those the AT&T Performing Arts Center account. • Vendor has hospital clients and is capable of Level-3 disinfectant if needed. 28 2 • The vendor provided the most in-depth understanding of the scope of work with a focus on an Entertainment Venue and is the most knowledgeable about window washing procedures out of all the respondents. • The fiscal year 2022-2023 budgeted $70,000 for these Custodial Services and has spent an estimated $60,000 on these services. The fiscal year 2023-2024 will be increasing programming at the Arts Center and has budgeted $75,000 for Custodial Services for the fiscal year 2023-2024. Benefit to the Community: The Coppell Arts Center is committed to first class service to the community while presenting events. Approval of this contract will ensure a clean appearance of the center for patrons in attendance. Legal Review: The Procurement Division has determined that this is an appropriate method of contracting with the vendor. Fiscal Impact: The fiscal impact of this item is $75,000, as budgeted. Recommendation: The Community Experiences Department recommends the approval of this item. 29 PAGE 7 CITY OF COPPELL AND ENTRUST ONE FACILITY SERVICES, INC. AGREEMENT FOR CUSTODIAL SERVICES STATE OF TEXAS § § AGREEMENT FOR SERVICES COUNTY OF DALLAS § This Agreement for Arts Center Custodial Services (“Agreement”) is made by and between the City of Coppell, Texas (“City”) and Entrust One Facility Services, Inc., (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives. Recitals: WHEREAS City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS Professional desires to render event production services for special events to the City, as more fully described in the Scope of Services attached hereto as Exhibit “A” and made a part herein by reference, and in accordance with the terms and conditions set forth in this Agreement; and NOW THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows: Article I Term 1.1 The term of this Agreement shall commence on the last date of execution hereof and continue for a period of one year (the “Initial Term”), unless terminated earlier in accordance with the provisions of this Agreement. Thereafter, City may renew the term of this Agreement for four (4) successive terms of one (1) year each, (each a “Renewal Term”) unless either Party provides written notice to the other Party to terminate not later than thirty (30) days prior to the last day of the Initial Term or the then current Term (the Initial Term and Renewal Term collectively referred to herein as “Term”). 1.2 Either Party may terminate this Agreement by giving thirty (30) days prior written notice to the other Party. In the event of such termination, Professional shall be entitled to compensation for any services completed to the reasonable satisfaction of the City in accordance with this Agreement prior to such termination including any non-refundable artist obligations. 30 PAGE 8 CITY OF COPPELL AND ENTRUST ONE FACILITY SERVICES, INC. AGREEMENT FOR CUSTODIAL SERVICES Article II Contract Documents 2.1 This Agreement consists of the following items: A. This Agreement; and B. Scope of Services for services provided to the city (attached as Exhibit “A”) (the “Scope of Services”) Article III Scope of Services 2.1 Professional shall provide the services specifically set out in Scope of Services (i) with the skill and care ordinarily provided by similar professionals practicing in the same or similar locality and under the same circumstances and applicable licenses or certifications; and (ii) as expeditiously as is prudent considering the ordinary skill and care of similarly competent professionals. 2.2 The City shall, prior to commencement of services, provide the Professional with the information set forth in the Scope of Services, if any. 2.3 Licenses. Professional represents to City that Professional possesses all licenses which may be required by the State of Texas or any other governmental entity having jurisdiction as may be necessary for the performance of Professional's services pursuant to this Agreement. 2.4 Information/Confidentiality. City will furnish the Professional such information with respect to the Project as Professional may reasonably request in order to render Professional's services effectively. Professional will hold in strict confidence all information with respect to the Project which is furnished to Professional by City in confidence, and which is not otherwise publicly available and/or not required, as a matter of law or proper business practice, to be disclosed to a third party in connection with the services for the Project. 2.5 Conflict of Interest. Professional agrees to notify City and seek City's approval prior to Professional's retention by any other individuals or entities, which either directly or indirectly may create a conflict of interest in Professional's services under this Agreement. City may deny any such approval for Professional's retention set forth above, if it materially impacts Professional’s ability to perform its obligations to the City in the event City, in City's sole and absolute discretion, should conclude that such retention would have an adverse effect on Professional's services under this Agreement, then City may terminate this Agreement. 31 PAGE 9 CITY OF COPPELL AND ENTRUST ONE FACILITY SERVICES, INC. AGREEMENT FOR CUSTODIAL SERVICES Article IV Schedule of Work Professional agrees to commence services upon written direction from City and to complete the required services in accordance with a work schedule established by City (the “Work Schedule”) in accordance with the Scope of Services. Article V Compensation and Method of Payment 5.1 City shall compensate Professional as set forth in Exhibit “A” and invoiced to the City. Payments shall be made to Professional within thirty (30) days of receiving Professional’s invoice, provided there are no errors or discrepancies and that all work noted on the invoice has been completed. Professional shall not proceed with any event until receiving a work order from City. Issuance of work orders for an event under this Agreement shall be at the sole discretion of City. 5.2 Professional shall be responsible for all expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, telephone, internet, and email charges. Article VI Suspension of Work The City shall have the right to immediately suspend work by Professional if the City determines in its sole discretion after consultation with Professional, that Professional has, or will fail to perform, in accordance with this Agreement. In such event, the Agreement may be suspended or terminated, and any payments due Professional shall be adjusted for non- performance under this Agreement or until has taken satisfactory corrective action. Article VII Devotion of Time; Personnel; and Equipment 7.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the work under this Agreement. Should City require additional services not included under this Agreement, Professional shall make reasonable effort to provide such additional services at mutually agreed charges or rates, and within the time schedule prescribed by City; and without decreasing the effectiveness of the performance of services required under this Agreement. 7.2 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. 32 PAGE 10 CITY OF COPPELL AND ENTRUST ONE FACILITY SERVICES, INC. AGREEMENT FOR CUSTODIAL SERVICES 7.3 Professional shall furnish the facilities, equipment, telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. Article VIII Relationship of Parties It is understood and agreed by and between the Parties that in satisfying the conditions of this Agreement, Professional is acting independently, and that the City assumes no responsibility or liabilities to any third party in connection with these actions. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. As such, the City shall not: train Professional, require Professional to devote her full-time services to City, or dictate Professional’s sequence of work or location at which Professional performs her work. Article IX Availability of Funds If monies are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, this Agreement shall be canceled and Professional may only be compensated for the reasonable value of any non-recurring costs incurred but not amortized in the price of services delivered under this Agreement or which are otherwise not recoverable. The cost of cancellation may be paid from any appropriations for such purposes. Article X Insurance (a) Professional shall during the term hereof maintain in full force and effect the following insurance: (1) a Commercial General Liability policy of insurance for bodily injury, death and property damage insuring against all claims, demands or actions relating to Professional’s performance of services pursuant to this Agreement with a minimum combined single limit of not less than $1,000,000 per occurrence for injury to persons (including death), and for property damage; (2) policy of automobile liability insurance covering any vehicles owned and/or operated by Professional, its officers, agents, and employees, and used in the performance of this Agreement; and (3) statutory Worker’s Compensation Insurance covering all of Professional’s employees involved in the provision of services under this Agreement. (b) All insurance and certificate(s) of insurance shall contain the following provisions: (1) name City, its officers, agents and employees as additional insureds as to all applicable coverage with the exception of Workers Compensation Insurance; (2) provide for at least thirty (30) days prior written notice to City for cancellation, non-renewal, or material change of the insurance; (3) provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. 33 PAGE 11 CITY OF COPPELL AND ENTRUST ONE FACILITY SERVICES, INC. AGREEMENT FOR CUSTODIAL SERVICES (c) All insurance companies providing the required insurance shall either be authorized to transact business in Texas and rated at least “B” by AM Best or other equivalent rating service, or approved by the City Risk Manager. (d) A certificate of insurance evidencing the required insurance shall be submitted to the City prior to commencement of services. Article XI Indemnification 11.1 CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF PROFESSIONAL PURSUANT TO THIS AGREEMENT. PROFESSIONAL HEREBY WAIVES ALL CLAIMS AGAINST THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS "THE CITY") FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY. PROFESSIONAL AGREES TO INDEMNIFY AND SAVE HARMLESS THE CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY THE PROFESSIONAL'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO SOLE NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST THE CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, PROFESSIONAL, ON NOTICE FROM THE CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO THE CITY. PROFESSIONAL'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 11.2 ADDITIONALLY, PROFESSIONAL SHALL HOLD HARMLESS, DEFEND AND INDEMNIFY THE CITY OF COPPELL, ITS ELECTED OFFICIALS, MANAGERS, EMPLOYEES, AGENTS AND ASSIGNS (COLLECTIVELY REFERRED TO IN THIS SECTION AS "CITY") FROM ANY LOSS OF ANY KIND BASED ON A 34 PAGE 12 CITY OF COPPELL AND ENTRUST ONE FACILITY SERVICES, INC. AGREEMENT FOR CUSTODIAL SERVICES CLAIM THAT THE WORK PERFORMED, OR PRODUCTS PROVIDED HEREUNDER, INCLUDING MATERIAL(S) OR ANY PART THEREOF, CONSTITUTES INFRINGEMENT OF ANY PATENT, TRADEMARK, TRADE-NAME, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF THE MANUFACTURE, SALE OR USE OF SUCH WORK, PRODUCTS OR MATERIALS. SUCH INDEMNIFICATION SHALL INCLUDE ALL DAMAGES AND COSTS INCURRED BY CITY AS THE RESULT OF THE CLAIM, INCLUDING ATTORNEY FEES AND EXPERT WITNESS FEES. PROFESSIONAL FURTHER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY, ITS ELECTED OFFICIALS, MANAGERS, EMPLOYEES, AGENTS AND ASSIGNS, FROM AND AGAINST ANY DEMAND FOR PAYMENT FOR THE USE OF ANY PATENTED MATERIAL, PROCESS, DEVICE, ARTICLE, TRADEMARK, TRADE- NAME, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT THAT MAY RESULT FROM THE WORK OR MATERIALS COVERED BY THIS AGREEMENT. PROVIDED, THE FOREGOING INDEMNITY SHALL NOT APPLY IF THE CLAIM RESULTS FROM DELIVERABLES THAT AS FURNISHED BY PROFESSIONAL TO CITY DO NOT INFRINGE UPON ANY U.S. LETTERS PATENT OR COPYRIGHT AND (1) CITY'S ALTERATION OF A DELIVERABLE, SUCH THAT SAID DELIVERABLE IN ITS ALTERED FORM INFRINGES UPON ANY PRESENTLY EXISTING U.S. LETTERS PATENT OR COPYRIGHT; OR (2) THE USE OF A DELIVERABLE IN COMBINATION WITH OTHER MATERIAL NOT PROVIDED BY PROFESSIONAL WHEN SUCH USE IN COMBINATION INFRINGES UPON AN EXISTING U.S. LETTER PATENT OR COPYRIGHT; OR (3) THE USE OF A DELIVERABLE IN A MANNER MATERIALLY INCONSISTENT WITH THE SPECIFICATIONS PROVIDED BY PROFESSIONAL. Article XII Miscellaneous 12.1 Entire Agreement. This Agreement constitutes the sole and only agreement between the Parties and supersedes any prior understandings written or oral agreements between the Parties with respect to this subject matter. 12.2 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 12.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by the Professional to which City has consented, the assignee shall agree in writing with City to personally assume, perform, and be bound by all the covenants, and obligations contained in this Agreement. 12.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. 35 PAGE 13 CITY OF COPPELL AND ENTRUST ONE FACILITY SERVICES, INC. AGREEMENT FOR CUSTODIAL SERVICES 12.5 Governing Law. The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall be in Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said Court. 12.6 Amendments. This Agreement may be amended by the mutual written agreement of the Parties. 12.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 12.8 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 12.9 Recitals. The recitals to this Agreement are incorporated herein. 12.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for City, to: City of Coppell, Texas Attn: City Manager 255 Parkway Blvd. Coppell, Texas 75019 With a copy to: Robert E. Hager Nichols | Jackson, L.L.P. 500 North Akard Street 1800 Ross Tower Dallas, Texas 75201 If intended for Professional: With a copy to: Entrust One Facility Services, Inc. ______________________ Attn: ______________________ ______________________ ______________________ 12.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the Parties hereto. 12.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 36 PAGE 8 CITY OF COPPELL AND ENTRUST ONE FACILITY SERVICES, INC. AGREEMENT FOR CUSTODIAL SERVICES 12.13 Audits and Records. Professional agrees that during the term hereof, City and its representatives may, during normal business hours and as often as deemed necessary, inspect, audit, examine and reproduce any and all of Professional’s records relating to the services provided pursuant to this Agreement for a period of one year following the date of completion of services as determined by City or date of termination if sooner. 12.14 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. 12.15 Compliance with Federal, State & Local Laws. Professional shall comply in performance of services under the terms of this Agreement with all applicable laws, ordinances and regulations, judicial decrees or administrative orders, ordinances, and codes of federal, state and local governments, including all applicable federal clauses. 12.16 Force Majeure. No Party will be liable for any default or delay in the performance of its obligations under this Agreement if and to the extent such default or delay is caused, directly or indirectly, by fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, acts of terrorism or any similar cause beyond the reasonable control of such party, provided that the non-performing party is without fault in causing such default or delay. The non-performing Party agrees to use commercially reasonable efforts to recommence performance as soon as possible. 12.17 Boycott Israel; Boycott Energy Companies; and Prohibition of Discrimination against Firearm Entities and Firearm Trade Associations. (a) Professional verifies that it does not Boycott Israel and agrees that during the term of the Agreement will not Boycott Israel as that term is defined in Texas Government Code Section 808.001, as amended. (b) Professional verifies that it does not Boycott Energy Companies and agrees that during the term of this Agreement will not Boycott Energy Companies as that term is defined in Texas Government Code Section 809.001, as amended. (c) Professional verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association as those terms are defined in Texas Government Code Section 2274.001, as amended; and (ii) will not discriminate during the term of this Agreement against a firearm entity or firearm trade association. (d) This section does not apply if Professional is a sole proprietor, a non-profit entity, or a governmental entity; and only applies if: (i) Professional has ten (10) or more fulltime employees and (ii) this Agreement has a value of $100,000.00 or more to be paid under the terms of this Agreement. 37 PAGE 10 CITY OF COPPELL AND ENTRUST ONE FACILITY SERVICES, INC. AGREEMENT FOR CUSTODIAL SERVICES EXECUTED this _______ day of _____________________, 2023. CITY OF COPPELL, TEXAS By: ____________________________________ Mike Land, City Manager Approved as to form: By: ___________________________________ Robert E. Hager, City Attorney EXECUTED this _______ day of _____________________, 2023. ENTRUST ONE FACILITY SERVICES, INC.. By: ____________________________________ Name: ____________________________________ Title: ____________________________________ 38 RFP #199 Entrust One Facility Services, Inc USE OF THE DATA ON THIS SHEET IS SUBJECT TO THE RESTRICTIONS ON THE TITLE PAGE OF THIS DOCUMENT Page | 32 PRICING SCHEDULE – MONTHLY DAY CUSTODIAN Monthly Full-Time Day Custodian Based on full-time Tue-Sat;40 hrs. per week / $15.50 per hour Gross Rate) $22.88 P/HR. | $3,966.57 P/MTH PRICING SCHEDULE – EVENT AND POST STAFFING Rates are based per hour (4hr Min) EVENT(S) 4HR MIN. @ $22.67 P/HR. POST EVENT CLEANING 4HR MIN. @ $22.67 P/HR. PRICING SCHEDULE – QUARTERLY WINDOW CLEANING Interior/Exterior window washing $6,225.00 per occurrence 39 CITY OF COPPELL ART CENTER - EVENT AND POST STAFF REPORT DATE:7/20/2023 BULDING SQ. FT.:33,000 PROPOSED FOR RFP#199 PRODUCTION RATE:- TOTAL HRS. PER DAY:8.0 LABOR CATEGORY Event and Post Event Staff 1 16.00 1.00 1.0 1.0 1.00 $16.00 TOTAL DIRECT LABOR COSTS 1.0 1.0 1.00 $16.00 PAYROLL RELATED COSTS EMPLOYER OASDI/MEDICARE $16 7.650%$1.22 EMPLOYER FUI $16 0.600%$0.10 EMPLOYER SUI $16 1.950%$0.31 10.200%$1.63 PAYROLL RELATED OVERHEAD COSTS: WORKERS COMP.$16 6.250%$1.00 GENERAL LIAB.$16 1.970%$0.32 HEALTHCARE COSTS $16 1.150%$0.18 VACATION AND SICK $16 3.650%$0.58 13.020%$2.08 SUBTOTAL DIRECT LABOR COSTS OTHER OPERATING COSTS MATERIALS AND SUPPLIES (NON-CONSUMABLES)$16 0.000%$0.00 MATERIALS AND SUPPLIES (CONSUMABLES)$16 0.000%$0.00 EQUIPMENT COST Mths Amort: $0 12 $16 0.000%$0.00 0.000%$0.00 SUBTOTAL DIRECT LABOR COSTS AND OPERATING COSTS:$19.72 OVERHEAD 9.000%$1.77 PROFIT 6.000%$1.18 SUBTOTAL OVERHEAD AND MARGIN TOTAL COST $22.67 22.67 DIRECT LABOR $16.00 71% PAYROLL RELATED COSTS $3.72 16% MATERIALS / SUPPLIES $0.00 0% OVERHEAD $1.77 8% PROFIT $1.18 5% 22.67 100% DAYS P/WK TT HRS P/WEEK TT HRS P/MTH TOTAL PER MONTH OF EE'S GROSS RATE HRS P/DAY CityofCoppell RFP199_Pricing 40 CITY OF COPPELL ART CENTER - DAY CUSTODIAN REPORT DATE:7/20/2023 BULDING SQ. FT.:33,000 PROPOSED FOR RFP#199 PRODUCTION RATE:- TOTAL HRS. PER DAY:8.0 LABOR CATEGORY Day Custodian - Feltrira S.1 16.00 8.00 5.0 40.0 173.33 $2,773.33 TOTAL DIRECT LABOR COSTS 1.0 8.0 173.33 $2,773.33 PAYROLL RELATED COSTS EMPLOYER OASDI/MEDICARE $2,773 7.650%$212.16 EMPLOYER FUI $2,773 0.600%$16.64 EMPLOYER SUI $2,773 1.950%$54.08 10.200%$282.88 PAYROLL RELATED OVERHEAD COSTS: WORKERS COMP.$2,773 6.250%$173.33 GENERAL LIAB.$2,773 1.970%$54.63 HEALTHCARE COSTS $2,773 1.150%$31.89 VACATION AND SICK $2,773 3.650%$101.23 13.020%$361.09 SUBTOTAL DIRECT LABOR COSTS OTHER OPERATING COSTS MATERIALS AND SUPPLIES (NON-CONSUMABLES)$2,773 0.000%$0.00 MATERIALS AND SUPPLIES (CONSUMABLES)$2,773 0.000%$0.00 EQUIPMENT COST Mths Amort: $0 12 $2,773 1.150%$31.89 1.150%$31.89 SUBTOTAL DIRECT LABOR COSTS AND OPERATING COSTS:$3,449.19 OVERHEAD 9.000%$310.43 PROFIT 6.000%$206.95 SUBTOTAL OVERHEAD AND MARGIN TOTAL COST $3,966.57 22.88 DIRECT LABOR $2,773.33 70% PAYROLL RELATED COSTS $643.97 16% MATERIALS / SUPPLIES $31.89 1% OVERHEAD $310.43 8% PROFIT $206.95 5% 3,966.57 100% TT HRS P/MTH TOTAL PER MONTH OF EE'S GROSS RATE HRS P/DAY DAYS P/WK TT HRS P/WEEK CityofCoppell RFP199_Pricing 41 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7061 File ID: Type: Status: 2023-7061 Agenda Item Consent Agenda 1Version: Reference: In Control: Parks and Recreation 08/15/2023File Created: Final Action: Security ServicesFile Name: Title: Consider approval of awarding a bid to Andy Frain Services for Security Services at the Coppell Arts Center, in an amount not to exceed $85,000.00, as budgeted; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Agreement.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7061 Title Consider approval of awarding a bid to Andy Frain Services for Security Services at the Coppell Arts Center, in an amount not to exceed $85,000.00, as budgeted; and authorizing the City Manager to sign any necessary documents. Summary See attached memo. Fiscal Impact: The fiscal impact of this item is $85,000.00, as budgeted. Staff Recommendation: The Community Experiences Department recommends approval. Strategic Pillar Icon: Page 1City of Coppell, Texas Printed on 9/8/2023 42 Master Continued (2023-7061) Enhance the Unique 'Community Oasis' Experience Page 2City of Coppell, Texas Printed on 9/8/2023 43 1 MEMORANDUM To: Mayor and City Council From: Ginene Delcioppo, Coppell Arts Center Manager Jessica Carpenter, Director of Community Experiences Date: September 12, 2023 Reference: Consider approval of awarding a bid to Andy Frain Services for Security Services at the Coppell Arts Center, in an amount not to exceed $85,000, as budgeted; and authorizing the City Manager to sign any necessary documents. 2040: Enhance the Unique “Community Oasis” Experience Introduction: The Coppell Arts Center contracts and annually budgets for service vendors to provide daily operations at the center. These service vendors include a Public Relations & Marketing Firm, a Food and Beverage operator, Custodial Services, and a Security Services company. The current contract for security services will expire at the end of this fiscal year. The Center’s staff, along with the assistance of Procurement and key team members from Public Safety and Community Experiences, conducted a Request for Proposals process to select a security services vendor required to operate the facility. The RFP was conducted in accordance with municipal procurement law, and the vendor was selected using best-fit criteria, which included experience, customer service approach, referrals, pricing structure, and alignment with the City’s core values. Background: • Andy Frain Services is the vendor selected by the RFP committee. • They will be responsible for providing all event security labor and daily command center monitoring in accordance with the scope of work. • Staff received six (6) proposals from the RFP process. • Vendor is a national company based in Chicago with a regional office in Dallas with nearly a century of experience in the event security industry. • Vendor proposed the lowest labor rates of all respondents. • Vendor provided the best scope of work proposal for the needs of the Coppell Arts Center. 44 2 • Vendor has proprietary technology that will provide superior security staff management and reporting. • Current clients include AT&T Stadium and Dos Equis Pavilion. • Vendor received stellar recommendations from referrals and current clients. • Vendor can provide Center branded uniforms at no additional costs. • The fiscal year 2022-2023 budgeted $105,000 for Security Services. The City Council approved the additional staffing of the theater attendants at the Arts Center in November of 2022. The staff was onboarded in March of 2023, and the Arts Center was able to reduce the Budget and spend an estimated $82,000 on security services in the fiscal year 2022-2023. In the fiscal year 2023-2024, the Arts Center will be increasing programming, however the additional staff allows the Arts Center to hold the budget for security services to $85,000. This contract can be renewed for up to five years at a 2% annual cost escalation, if desired. Benefit to the Community: The Coppell Arts Center is committed to first class service to the community while executing events. Safety of the facility and its patrons is the highest priority and Andy Frain will provide the added level of safety and security for the community while they are in attendance at the Coppell Arts Center. Legal Review: The Procurement Division has determined that this is an appropriate method of contracting with the vendor. Fiscal Impact: The fiscal impact of this item is $85,000.00, as budgeted. Recommendation: The Community Experiences Department recommends the approval of this item. 45 PAGE 7 CITY OF COPPELL AND ANDY FRAIN SERVICES, INC. AGREEMENT FOR SECURITY SERVICES STATE OF TEXAS § § AGREEMENT FOR SERVICES COUNTY OF DALLAS § This Agreement for Arts Center Security Services (“Agreement”) is made by and between the City of Coppell, Texas (“City”) and Andy Frain Services, Inc. (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives. Recitals: WHEREAS City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS Professional desires to render event production services for special events to the City, as more fully described in the Scope of Services attached hereto as Exhibit “A” and made a part herein by reference, and in accordance with the terms and conditions set forth in this Agreement; and NOW THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows: Article I Term 1.1 The term of this Agreement shall commence on the last date of execution hereof and continue for a period of one year (the “Initial Term”), unless terminated earlier in accordance with the provisions of this Agreement. Thereafter, City may renew the term of this Agreement for four (4) successive terms of one (1) year each, (each a “Renewal Term”) unless either Party provides written notice to the other Party to terminate not later than thirty (30) days prior to the last day of the Initial Term or the then current Term (the Initial Term and Renewal Term collectively referred to herein as “Term”). 1.2 Either Party may terminate this Agreement by giving thirty (30) days prior written notice to the other Party. In the event of such termination, Professional shall be entitled to compensation for any services completed to the reasonable satisfaction of the City in accordance with this Agreement prior to such termination including any non-refundable artist obligations. Article II 46 PAGE 8 CITY OF COPPELL AND ANDY FRAIN SERVICES, INC. AGREEMENT FOR SECURITY SERVICES Article II Contract Documents 2.1 This Agreement consists of the following items: A. This Agreement; and B. Professional’s Scope of Services for services provided to the city (attached as Exhibit “A”) (the “Scope of Services”) Article III Scope of Services 2.1 Professional shall provide the services specifically set out in Scope of Services (i) with the skill and care ordinarily provided by similar professionals practicing in the same or similar locality and under the same circumstances and applicable licenses or certifications; and (ii) as expeditiously as is prudent considering the ordinary skill and care of similarly competent professionals. 2.2 The City shall, prior to commencement of services, provide the Professional with the information set forth in the Scope of Services, if any. 2.3 Licenses. Professional represents to City that Professional possesses any and all licenses which may be required by the State of Texas or any other governmental entity having jurisdiction as may be necessary for the performance of Professional's services pursuant to this Agreement. 2.4 Information/Confidentiality. City will furnish to the Professional such information with respect to the Project as Professional may reasonably request in order to render Professional's services effectively. Professional will hold in strict confidence all information with respect to the Project which is furnished to Professional by City in confidence, and which is not otherwise publicly available and/or not required, as a matter of law or proper business practice, to be disclosed to a third party in connection with the services for the Project. 2.5 Conflict of Interest. Professional agrees to notify City and seek City's approval prior to Professional's retention by any other individuals or entities, which either directly or indirectly may create a conflict of interest in Professional's services under this Agreement. City may deny any such approval for Professional's retention set forth above, if it materially impacts Professional’s ability to perform its obligations to the City in the event City, in City's sole and absolute discretion, should conclude that such retention would have an adverse effect on Professional's services under this Agreement, then City may terminate this Agreement. 47 PAGE 9 CITY OF COPPELL AND ANDY FRAIN SERVICES, INC. AGREEMENT FOR SECURITY SERVICES Article IV Schedule of Work Professional agrees to commence services upon written direction from City and to complete the required services in accordance with a work schedule established by City (the “Work Schedule”) in accordance with the Scope of Services. Article V Compensation and Method of Payment 5.1 City shall compensate Professional as set forth in Exhibit “A” and invoiced to the City. Payments shall be made to Professional within thirty (30) days of receiving Professional’s invoice, provided there are no errors or discrepancies and that all work noted on the invoice has been completed. Professional shall not proceed with any event until receiving a work order from City. Issuance of work orders for an event under this Agreement shall be at the sole discretion of City. 5.2 Professional shall be responsible for all expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, telephone, internet, and email charges. Article VI Suspension of Work The City shall have the right to immediately suspend work by Professional if the City determines in its sole discretion after consultation with Professional, that Professional has, or will fail to perform, in accordance with this Agreement. In such event, the Agreement may be suspended or terminated, and any payments due Professional shall be adjusted for non- performance under this Agreement or until has taken satisfactory corrective action. Article VII Devotion of Time; Personnel; and Equipment 7.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the work under this Agreement. Should City require additional services not included under this Agreement, Professional shall make reasonable effort to provide such additional services at mutually agreed charges or rates, and within the time schedule prescribed by City; and without decreasing the effectiveness of the performance of services required under this Agreement. 7.2 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. 48 PAGE 10 CITY OF COPPELL AND ANDY FRAIN SERVICES, INC. AGREEMENT FOR SECURITY SERVICES 7.3 Professional shall furnish the facilities, equipment, telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. Article VIII Relationship of Parties It is understood and agreed by and between the Parties that in satisfying the conditions of this Agreement, Professional is acting independently, and that the City assumes no responsibility or liabilities to any third party in connection with these actions. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. As such, the City shall not: train Professional, require Professional to devote her full-time services to City, or dictate Professional’s sequence of work or location at which Professional performs her work. Article IX Availability of Funds If monies are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, this Agreement shall be canceled and Professional may only be compensated for the reasonable value of any non-recurring costs incurred but not amortized in the price of services delivered under this Agreement or which are otherwise not recoverable. The cost of cancellation may be paid from any appropriations for such purposes. Article X Insurance (a) Professional shall during the term hereof maintain in full force and effect the following insurance: (1) a Commercial General Liability policy of insurance for bodily injury, death and property damage insuring against all claims, demands or actions relating to Professional’s performance of services pursuant to this Agreement with a minimum combined single limit of not less than $1,000,000 per occurrence for injury to persons (including death), and for property damage; (2) policy of automobile liability insurance covering any vehicles owned and/or operated by Professional, its officers, agents, and employees, and used in the performance of this Agreement; and (3) statutory Worker’s Compensation Insurance covering all of Professional’s employees involved in the provision of services under this Agreement. (b) All insurance and certificate(s) of insurance shall contain the following provisions: (1) name City, its officers, agents and employees as additional insureds as to all applicable coverage with the exception of Workers Compensation Insurance; (2) provide for at least thirty (30) days prior written notice to City for cancellation, non-renewal, or material change of the insurance; (3) provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. 49 PAGE 11 CITY OF COPPELL AND ANDY FRAIN SERVICES, INC. AGREEMENT FOR SECURITY SERVICES (c) All insurance companies providing the required insurance shall either be authorized to transact business in Texas and rated at least “B” by AM Best or other equivalent rating service, or approved by the City Risk Manager. (d) A certificate of insurance evidencing the required insurance shall be submitted to the City prior to commencement of services. Article XI Indemnification 11.1 CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF PROFESSIONAL PURSUANT TO THIS AGREEMENT. PROFESSIONAL HEREBY WAIVES ALL CLAIMS AGAINST THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS "THE CITY") FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY. PROFESSIONAL AGREES TO INDEMNIFY AND SAVE HARMLESS THE CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY THE PROFESSIONAL'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO SOLE NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST THE CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, PROFESSIONAL, ON NOTICE FROM THE CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO THE CITY. PROFESSIONAL'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 11.2 ADDITIONALLY, PROFESSIONAL SHALL HOLD HARMLESS, DEFEND AND INDEMNIFY THE CITY OF COPPELL, ITS ELECTED OFFICIALS, MANAGERS, EMPLOYEES, AGENTS AND ASSIGNS (COLLECTIVELY REFERRED TO IN THIS SECTION AS "CITY") FROM ANY LOSS OF ANY KIND BASED ON A 50 PAGE 12 CITY OF COPPELL AND ANDY FRAIN SERVICES, INC. AGREEMENT FOR SECURITY SERVICES CLAIM THAT THE WORK PERFORMED, OR PRODUCTS PROVIDED HEREUNDER, INCLUDING MATERIAL(S) OR ANY PART THEREOF, CONSTITUTES INFRINGEMENT OF ANY PATENT, TRADEMARK, TRADE-NAME, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF THE MANUFACTURE, SALE OR USE OF SUCH WORK, PRODUCTS OR MATERIALS. SUCH INDEMNIFICATION SHALL INCLUDE ALL DAMAGES AND COSTS INCURRED BY CITY AS THE RESULT OF THE CLAIM, INCLUDING ATTORNEY FEES AND EXPERT WITNESS FEES. PROFESSIONAL FURTHER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY, ITS ELECTED OFFICIALS, MANAGERS, EMPLOYEES, AGENTS AND ASSIGNS, FROM AND AGAINST ANY DEMAND FOR PAYMENT FOR THE USE OF ANY PATENTED MATERIAL, PROCESS, DEVICE, ARTICLE, TRADEMARK, TRADE- NAME, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT THAT MAY RESULT FROM THE WORK OR MATERIALS COVERED BY THIS AGREEMENT. PROVIDED, THE FOREGOING INDEMNITY SHALL NOT APPLY IF THE CLAIM RESULTS FROM DELIVERABLES THAT AS FURNISHED BY PROFESSIONAL TO CITY DO NOT INFRINGE UPON ANY U.S. LETTERS PATENT OR COPYRIGHT AND (1) CITY'S ALTERATION OF A DELIVERABLE, SUCH THAT SAID DELIVERABLE IN ITS ALTERED FORM INFRINGES UPON ANY PRESENTLY EXISTING U.S. LETTERS PATENT OR COPYRIGHT; OR (2) THE USE OF A DELIVERABLE IN COMBINATION WITH OTHER MATERIAL NOT PROVIDED BY PROFESSIONAL WHEN SUCH USE IN COMBINATION INFRINGES UPON AN EXISTING U.S. LETTER PATENT OR COPYRIGHT; OR (3) THE USE OF A DELIVERABLE IN A MANNER MATERIALLY INCONSISTENT WITH THE SPECIFICATIONS PROVIDED BY PROFESSIONAL. Article XII Miscellaneous 12.1 Entire Agreement. This Agreement constitutes the sole and only agreement between the Parties and supersedes any prior understandings written or oral agreements between the Parties with respect to this subject matter. 12.2 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 12.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by the Professional to which City has consented, the assignee shall agree in writing with City to personally assume, perform, and be bound by all the covenants, and obligations contained in this Agreement. 12.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. 51 PAGE 13 CITY OF COPPELL AND ANDY FRAIN SERVICES, INC. AGREEMENT FOR SECURITY SERVICES 12.5 Governing Law. The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall be in Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said Court. 12.6 Amendments. This Agreement may be amended by the mutual written agreement of the Parties. 12.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 12.8 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 12.9 Recitals. The recitals to this Agreement are incorporated herein. 12.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for City, to: City of Coppell, Texas Attn: City Manager 255 Parkway Blvd. Coppell, Texas 75019 With a copy to: Robert E. Hager Nichols | Jackson, L.L.P. 500 North Akard Street 1800 Ross Tower Dallas, Texas 75201 If intended for Professional: With a copy to: Andy Frain Services, LLC. ______________________ Attn: ______________________ ______________________ ______________________ 12.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the Parties hereto. 12.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 52 PAGE 8 CITY OF COPPELL AND ANDY FRAIN SERVICES, INC. AGREEMENT FOR SECURITY SERVICES 12.13 Audits and Records. Professional agrees that during the term hereof, City and its representatives may, during normal business hours and as often as deemed necessary, inspect, audit, examine and reproduce any and all of Professional’s records relating to the services provided pursuant to this Agreement for a period of one year following the date of completion of services as determined by City or date of termination if sooner. 12.14 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. 12.15 Compliance with Federal, State & Local Laws. Professional shall comply in performance of services under the terms of this Agreement with all applicable laws, ordinances and regulations, judicial decrees or administrative orders, ordinances, and codes of federal, state and local governments, including all applicable federal clauses. 12.16 Force Majeure. No Party will be liable for any default or delay in the performance of its obligations under this Agreement if and to the extent such default or delay is caused, directly or indirectly, by fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, acts of terrorism or any similar cause beyond the reasonable control of such party, provided that the non-performing party is without fault in causing such default or delay. The non-performing Party agrees to use commercially reasonable efforts to recommence performance as soon as possible. 12.17 Boycott Israel; Boycott Energy Companies; and Prohibition of Discrimination against Firearm Entities and Firearm Trade Associations. (a) Professional verifies that it does not Boycott Israel and agrees that during the term of the Agreement will not Boycott Israel as that term is defined in Texas Government Code Section 808.001, as amended. (b) Professional verifies that it does not Boycott Energy Companies and agrees that during the term of this Agreement will not Boycott Energy Companies as that term is defined in Texas Government Code Section 809.001, as amended. (c) Professional verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association as those terms are defined in Texas Government Code Section 2274.001, as amended; and (ii) will not discriminate during the term of this Agreement against a firearm entity or firearm trade association. (d) This section does not apply if Professional is a sole proprietor, a non-profit entity, or a governmental entity; and only applies if: (i) Professional has ten (10) or more fulltime employees and (ii) this Agreement has a value of $100,000.00 or more to be paid under the terms of this Agreement. 53 PAGE 10 CITY OF COPPELL AND ANDY FRAIN SERVICES, INC. AGREEMENT FOR SECURITY SERVICES EXECUTED this _______ day of _____________________, 2023. CITY OF COPPELL, TEXAS By: ____________________________________ Mike Land, City Manager Approved as to form: By: ___________________________________ Robert E. Hager, City Attorney EXECUTED this _______ day of _____________________, 2023. ANDY FRAIN SERVICES, INC. By: ____________________________________ Name: ____________________________________ Title: ____________________________________ 54 44 PRICING / SCOPE OF WORK DECLARATIVE STATEMENT Attached are the exhibits for the pricing for the specific scope of work positions identified in the RFP. Given the 2023 contract execution we have made current wage determinations for the region including our present service locations in the region. We are comfortable that the pay and billing rates will generate qualified, capable event and site licensed security staff for the venue. You will notice variations in the billing rate for the positions. Those variations reflect the importance assigned to the requisite tasks of the position. Operating costs and pricing are inclusive of; - Uniforms - sample uniforms will be presented to Coppell Arts Center staff and any significant stakeholders management for approval. - Training – Training is included in the pricing. Training is a six-hour customer service / post order module and is typically four hours for line staff and six hours for supervisors. It is standard and customary to identify staff to ensure ADA/ CPR / First Aid for supervisors and a core group on non- supervisory staff if not already in place. - Recognition programs as defined in the RFP response. - The training is covered under a proprietary Andy Frain Services training module – “First Impressions.” Typically, the partner, in this case, Coppell Arts Center is asked to assist in the creation of the training content to ensure site and patron compliance needs. “First Impressions” is described in the response. - Alignment to the “Changing Lives” initiative with two collegiate interns from the local colleges / universities. - Recruiter / Trainer costs - Scheduler costs - All non-event day management and administration / compliance costs are included in the bill rate. - Significant corporate support costs in anticipation of a small transition window. - A senior site manager has been identified. AFS will present the candidate for Coppell Arts Center approval. - Background checks managed by Redtail / NCS4 for every employee verifiable by approved Coppell Arts Center staff It should be noted that any rate increases during the term of the relationship are passed t o employee not the profit of Andy Frain Services. Due to the pandemic costs to the state SUTA funds it is certain that FUTA and SUTA rates increases will impact the pricing in the coming periods. The pricing is driven by a four-hour minimum with staff redeployment anticipated. The billing cycle is per event. The site contract is net 45 . The pay rates are insulated from the pricing changes. We are projecting pay rates which should provide staff which will represent Coppell Arts Center and Andy Frain Services appropriately. Holidays, as determined by the state of Texas calendar, will be billed, and paid to the employee at 1.5x. It carries a minimum exposure. If an award were to be directed to Andy Frain Services (AFS) and the incumbent would not be able to fulfill its commitment, AFS would immediately initiate support for the balance of the contractual obligation. We have very local staff capable of doing so. The pricing includes a budget $35,000 sponsorship. The construction of the spend will determin ed if awarded post contract signing. The pricing includes a WMS system as defined in the RFP response. 55 45 TESTIMONIALS TESIMONAL VIDEO WHO IS ANDY? 56 PRICING & TERM Proposed erm length is in accordance with the guidelines and regulations of the City of Coppell. Andy Frain Services proposes a 3-year partnership, with 2 one year renewal options for a total of a 5-year contracted agreement. Position Rate Annual Escalation Rate Event Guard $23.92 2% Event Supervisor $25.57 2% Event Manager $31.25 2% Site Security $26.35 2% 57 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7094 File ID: Type: Status: 2023-7094 Agenda Item Consent Agenda 1Version: Reference: In Control: Parks and Recreation 09/05/2023File Created: Final Action: Master PlanFile Name: Title: Consider approval of a professional services agreement with Dunaway, in the amount of $159,500.00, as provided for in the general fund, to prepare a comprehensive Community Experiences Department Master Plan; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Proposal.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7094 Title Consider approval of a professional services agreement with Dunaway, in the amount of $159,500.00, as provided for in the general fund, to prepare a comprehensive Community Experiences Department Master Plan; and authorizing the City Manager to sign any necessary documents. Summary See attached memo. Fiscal Impact: The fiscal impact of this item is $159,500.00; $120,000.00 as budgeted and the remaining $39,500.00 from General Fund’s fund balance. Staff Recommendation: The Community Experiences Department recommends approval. Page 1City of Coppell, Texas Printed on 9/8/2023 58 Master Continued (2023-7094) Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 9/8/2023 59 1 MEMORANDUM To: Mayor and City Council From: Jessica Carpenter, Director of Community Experiences Date: September 12, 2023 Reference: Consider approval of a professional services agreement with Dunaway, in the amount of $159,500.00, to prepare a comprehensive Community Experiences Department Master Plan; and authorizing the City Manager to sign any necessary documents. 2040: Sustainable City Government: Excellent and Well-Maintained City Infrastructure and Facilities Introduction: The purpose of this agenda item is to consider approval for the Community Experiences Department to enter into a professional services agreement with Dunaway for the development of the Community Experiences Master Plan. Background: The Community Experiences Department completed its last Master Plan in July 2017. The major goals and objectives of that plan have either been completed or are due for reevaluation to align with current and future community needs. The National Recreation and Park Association (NRPA) recommends updating master plans every five to seven years as a standard for incorporating current and future trends into parks, facilities, and programs. The Master Plan is a requirement for the department to continue to achieve accreditation through the Commission for Accreditation of Park and Recreation Agencies (CAPRA). The primary purpose of the Community Experiences Master Plan is to create a clear set of goals, policies and objectives that will provide direction to City staff, the Parks and Recreation Board and the City Council for redevelopment and enhancement of the City’s Park system, open space, trails, facilities, and recreation programs for the short term (2025), the mid-term (2027) and the long term (2030). The City of Coppell Procurement Division advertised a Request for Proposals (RFP) for the Community Experiences Master Plan in July of 2023. The City received one proposal for RFP No. 0136 from MHS Planning and Design. Due to the large scope and impact of this project, the 60 2 Community Experiences Department reached out to two additional consultants, Dunaway and Halff, to receive proposals. The department created an assessment panel that consisted of division managers, Assistant Directors, and the Director to conduct interviews with the three consultants. Dunaway is the recommended consultant for the Community Experiences Master Plan based on the following criteria: • Project Approach • Project Team • Past Experience and Client References • Project Schedule • Presentation of Proposal The additional cost for this item is due to the increased public involvement/input meetings and opportunities that the Department sees as a priority. This proposal includes several opportunities for public input meetings, a public input survey, and community engagement at a City special event to provide the community multiple opportunities to express their wants and desires. These are outlined in the scope of work. Benefit to the Community: The Community Experiences Department Master Plan provides a vision for the redevelopment and enhancement of City parks, open spaces, department facilities, and programs that align with the community’s needs and desires. Legal Review: The Procurement Division has reviewed the documents and determined that this is an appropriate method of contracting with the vendor. Fiscal Impact: The fiscal impact of this item is $159,500.00; $120,000.00 as budgeted and the remaining $39,500.00 from General Fund fund balance. Recommendation: The Community Experiences Department recommends approval of this item. 61 Page 1 of 11 PROFESSIONAL SERVICES PROPOSAL FOR COMMUNITY EXPERIENCES MASTER PLAN Coppell, Texas August 29, 2023 I.PROJECT DESCRIPTION Dunaway Associates, L.P. (“Dunaway”) will perform professional planning and landscape architectural services for the City of Coppell (“City”) for the preparation of a Parks, Recreation & Open Space Master Plan (“Master Plan”). The Scope of Services will be performed in two (2) phases with Phase I including the Inventory and Needs Assessment, and Phase II the Parks, Recreation & Open Space Master Plan. As additional expertise to the team, Dunaway will retain the services of National Service Research (“NSR”) and PROS Consulting (“PROS”). Dunaway has prepared the following Scope of Services based upon initial discussion with the City of Coppell on August 1, 2023. It is assumed that the City will assist in coordination with Park Board to interact with the Dunaway team at key milestones of the project. II.SCOPE OF SERVICES A.PHASE I – INVENTORY AND NEEDS ASSESSMENT 1.Data Collection, Base Map Preparation, & Branded Project Website a.The City will provide Dunaway the latest digital data for the current mapping of the City. This will include GIS data, digital aerial photographs, zoning maps, land use maps, thoroughfare maps, utility maps, and other mapping of the City. The digital information will be provided by the City in a file format that has been coordinated with Dunaway. b.Based upon the information provided by the City, Dunaway will prepare a digital base map that will illustrate information such as park sites, school sites, streets, major destinations, city facilities, drainage corridors, trails, vegetation, etc. Deliverables: •Base map in PDF Format 62 Page 2 of 11 2. Inventory & Facility Analysis a. Dunaway team members will attend one (1) kick-off meeting with City staff to discuss the vision for the Master Plan, project goals & objectives, planning process & milestones, overall project schedule, and diversity of parks/recreation providers in Coppell. b. Dunaway team members will attend one (1) meeting with the Park Board and the Youth Sports Council to discuss the planning process & milestones, overall project schedule, and goals for the project. c. The City will provide Dunaway with a complete listing of the current citywide inventory for the park system. The City will provide the following information to Dunaway: 1) Public parks, recreational facilities, and open space areas owned by the City by individual site, quantities, and condition assessment (if available) of existing amenities/assets at each site 2) Facility inventory and use agreements with the local schools, by individual site and existing amenities for athletics and recreational facilities. 3) Land that is targeted or proposed for dedication of parks and/or open space 4) Parks, land, facilities, and programs offered by other service p roviders within the community (i.e. private, public, or not-for-profit organizations) 5) Existing youth and adult sports associations including number of teams, participation levels, facilities used, and projected annual growth of each association. 6) Existing youth and adult recreation programs offered by the City and/or other providers, and the projected growth of each program d. Dunaway team members and City representatives will perform a citywide tour to review the existing parks and recreation facilities. The park sites will be documented photographically for existing conditions and amenities. Deliverables: • Notes from kick-off meeting 63 Page 3 of 11 • Inventory Spreadsheet of parks with acreage and amenities/quantities at each park site in PDF & Excel format 3. Population Analysis a. The City will provide Dunaway with the most recent population & demographic data including age segments, ethnicity, growth trends, family income, education, etc. b. Dunaway will prepare GIS maps/exhibits that depict key characteristics of Coppell. Deliverables: • Population Analysis in PDF Format 4. Standards Analysis a. Dunaway will evaluate the City’s current classifications for park acreage and park facilities based on the 2015 Master Plan. b. Dunaway will provide recommendations for park acreage standards and park facility standards as appropriate for Coppell. c. Dunaway will prepare a geographic distribution (service gap) analysis map. Deliverables: • Park acreage standards & Park facility standards in PDF format 5. Benchmarking a. Dunaway and PROS will coordinate with City staff to select four to five (4-5 ) cities in the DFW region or other parts of Texas with similar characteristics such as built-out communities, evolving demographics, and key urban spaces. Additional comparisons will be sought for services Coppell is providing that may be unique to the region. b. Dunaway and PROS will compare park system data for park types, acreage, facilities, programs, and position analysis. 64 Page 4 of 11 Deliverables: • Benchmarking summary in PDF format 6. Recreation Program Analysis a. PROS will conduct a recreation program analysis based on current programs offered (i.e. age segment distribution, lifecycle analysis, core programs, similar providers/duplication, market position, marketing methods, etc.) b. PROS will provide recommendations for program enhancements that result in successful & innovative recreation program offerings. Deliverables: • Recreation Program Analysis in PDF Format 7. Demand Analysis & Needs Assessment a. Dunaway and NSR will attend one (1) strategy meeting with City staff to outline the public involvement methodology to be undertaken. The group will outline the community engagement process and define milestone dates and events. b. Throughout the engagement process the Dunaway team will collaborate with the city to incorporate an equitable strategy as it relates to diverse cultures and demographics located in Coppell. c. Dunaway, NSR, and PROS, will conduct three (3) Public Workshops to garner broad-based input on the interests and community desires for parks and recreational facilities. The City will be responsible for advertising the Public Workshops and arranging the venue location. It is initially expected to conduct two (2) in person workshops and one (1) virtual workshop. d. Dunaway, NSR and PROS will conduct up to three (3) key interviews with City staff from other departments. These interviews will occur during one day at City offices. City staff will assist Dunaway in arranging these interviews and designating representatives to attend from other departments. e. Dunaway and NSR will attend up to one (1) special event already planned in the City of Coppell during the planning process. The team will develop a brief handout to utilize at public information booths, open houses, and other events. 65 Page 5 of 11 This handout will provide information to citizens about the parks master plan, and some general topics/questions for soliciting public input on parks and recreation. f. Based upon the input received during the Public Workshops, Special Events, and department interviews, NSR will design a concise citizen survey document to assist in documenting citizen demand for park and recreation services. g. After final approval, NSR will program and provide the citizen survey online link to the City for posting on their website. The City will advertise the survey on various social media sites, through email notifications to citizens, emails to HOA’s, notices in water bills, park and recreation mailers, etc. prior to and throughout the data collection phase. The online survey link will be programmed so only one survey per IP address can be completed. NSR will keep the survey live for 4 weeks, or as directed by the City. NSR can provide up to 300 copies of the paper surveys to be available at recreation centers, C ity Hall, and other public places. h. NSR will design and print a postcard mailer to 4,000 households in the City. The postcard will have the online survey link printed on the postcard so citizens can take the survey. A full list of City addresses will be provided by the City to NSR in an excel format. NSR will select 4,000 households at random throughout all geographic regions for mail-out of the postcard. i. NSR will prepare an analysis of the survey data along with a Final Report containing an executive summary and the detailed results. j. Dunaway and NSR will atten d (1) meeting with City staff to present the survey results. k. Dunaway will attend one (1) City Council meeting to present a status update at the completion of Phase I and next steps moving into Phase II. Deliverables: • Needs assessment final report in PDF format. • Key data breakdown in Excel format • Powerpoint presentation in PDF Format B. PHASE II – PARKS, RECREATION & OPEN SPACE MASTER PLAN 8. Priority Rankings 66 Page 6 of 11 a. Dunaway will prepare a priority criteria system, with City-approved weighted values, to be used in ranking priorities. b. Dunaway will complete the priority ranking matrix based upon citizen survey, Dunaway recommendations, and other sources of input. c. Dunaway will submit the priority ranking matrix to City staff for review and consensus. Deliverables: • Priority ranking matrix in PDF format 9. Action Plan a. Based upon the priority ranking results, Dunaway will prepare a preliminary Park Action Plan for park related improvements and renovations & improvements to recreational facilities. The Action Plan will address a 5-to-10-year period. b. Dunaway will prepare a digital exhibit/map depicting the proposed locations for the preliminary Action Plan recommendations. c. Dunaway will confirm and recommend a vision and mission statement for the Park System for adoption. d. Dunaway will attend one (1) meeting with City Staff to discuss the preliminary Action Plan. e. Dunaway will attend one (1) meeting with Park Board to discuss the preliminary Action Plan. Deliverables: • Preliminary Action Plan in PDF format • Action Plan exhibit/map in PDF format (Dunaway will coordinate final format with City staff) 10. Implementation Plan a. Dunaway will prepare an Implementation Plan that outlines CIP for the designated priorities within the Action Plan. 67 Page 7 of 11 b. Dunaway and PROS will prepare a list of funding recommendations for the Action Plan, including an estimated timeline for implementation. c. PROS will provide recommendations for optimizing maintenance operations and management structure of the Parks Department. Deliverables: • Implementation Plan with funding recommendations in PDF format 11. Financial Assessment a. PROS will perform an analysis to identify the financial situation of the Parks Department over the past five (5) years. The financial analysis will look at the current budget against past budgets for the years the city would like us to review. The analysis will look at existing financial policies such as user fees polices, current policies towards revenue generating opportunities, grant opportunities, dedicated funding options, foundations, grants and the other revenue strategies in best practice organizations. This work will also focus on what the financial situation is for each core program area such as Fitness, Aquatics, Sports, Seniors, Arts, Outdoor Recreation and Education, Camps, Tennis, Field Use, Special Events and another core program broken down by revenue and expenses, unit costs such as cost per experience, cost per hour, cost per visitor etc., and for each core facility in the system. PROS will evaluate areas that can be strengthened based on efficiency and through business practices changes. Deliverables: • Draft Financial Assessment report in PDF format • Final Financial Assessment report in PDF format 12. Preliminary Master Plan a. Dunaway will prepare a Preliminary Master Plan report in narrative format outlining the entire process, findings and recommendations. b. Dunaway will prepare Preliminary Master Plan exhibits/maps for the various sections within the report. c. Dunaway will submit one (1) unbound hardcopy and one (1) digital format of the Preliminary Master Plan report to the City for review and comments. City staff 68 Page 8 of 11 will be responsible for printing & distributing copies of the Preliminary Master Plan for review by others. d. Dunaway will attend one (1) meeting with City staff to present the Preliminary Master Plan. Deliverables: • One (1) unbound hardcopy of the Preliminary Master Plan report • One (1) digital format of the Preliminary Master Plan Report (PDF) 13. Final Master Plan a. Based upon comments from City staff, Dunaway will prepare the final narrative and color exhibits/maps for the Final Master Plan. b. Dunaway will submit one (1) unbound hardcopy, five (5) bound copies, and one (1) PDF of the Master Plan document. The City will be responsible for printing & binding multiple copies of the Master Plan document. c. Dunaway will assist City staff in attending one (1) presentation of the Master Plan to the Park Board for recommendation for adoption. d. Dunaway will assist City staff in attending one (1) presentation of the Master Plan to the City Council for adoption. Deliverables: • One (1) unbound hardcopy of the Final Park Master Plan report • five (5) bound copies of the Final Master Plan Report • One (1) PDF file of the Final Master Plan Report 69 Page 9 of 11 III. COMPENSATION A. PHASE I – INVENTORY AND NEEDS ASSESSMENT 1. Data Collection, Base Map Preparation, Branded Website $ 8,000 2. Inventory & Facility Analysis $ 15,000 3. Population Analysis & Demographic Trends $ 5,000 4. Standards Analysis $ 8,500 5. Benchmarking $ 10,000 6. Recreation Program Analysis $ 7,500 7. Demand Analysis & Needs Assessment $ 43,000 PHASE I SUBTOTAL – BASIC SERVICES $ 97,000 B. PHASE II – PARKS, RECREATION & OPEN SPACE MASTER PLAN 8. Priority Rankings $ 7,000 9. Action Plan $ 11,000 10. Implementation Plan $ 10,000 11. Financial Assessment $ 7,500 12. Preliminary Master Plan $ 17,000 13. Final Master Plan $ 10,000 PHASE II SUBTOTAL – BASIC SERVICES $ 62,500 TOTAL FEE (Phase I and Phase II)* $ 159,500 70 Page 10 of 11 * Customary in-house expenses incurred by Dunaway related to performing this Scope of Services are included in the lump sum fee listed above (e.g., in-house copies, mileage, tolls, computer plotting, photography, meals, etc.). Special request expenses for out-of-house services are not included in the lump sum fee listed above and will be billed as a reimbursable expense. These may include, but are not limited to: couriers/deliveries, repro services, multiple print copies, binding, dry mounting, etc. IV. ADDITIONAL SERVICES Any additional items not included in this proposed Scope of Services, which are requested by the City, will be covered as Additional Services as authorized by the City. Additional services may include, but are not limited to the following: additional public meetings; videotaping any meetings; special presentation graphics; additional printing of Master Plan books/documents; additional printing of color maps or exhibits for the Master Plan, etc. V. ASSUMPTIONS A. The City will provide, as expeditiously as possible, all existing data and base information currently in its possession and as necessary to complete the scope of services described herein. This includes the electronic files from other past or ongoing planning studies. This scope of services does not include any detailed site reviews to obtain park inventory information or condition assessment evaluations. All information provided by the City is assumed to be accurate and complete, unless otherwise indicated by the City. Any information required to complete this scope of services that cannot be readily provided by the City will remain the responsibility of the City. B. This scope of services does not include any topographic surveys or boundary surveys. C. This scope of services does not include any hydraulic or hydrology engineering modeling or design services for any creeks, lakes, etc. D. This scope of services does not include any traffic studies or transportation engineering/planning studies. 71 Page 11 of 11 E. This scope of services does not include any coordination with other agencies such as the Texas Parks & Wildlife Department, NCTCOG, FEMA, USACE, TCEQ, etc. F. Dunaway will attend the meetings as described within this scope of services. Additional community meetings, public hearings, focus groups, etc. as requested by the City will be considered as additional services as authorized by the City. G. This scope of services does not include design or production of any marketing materials to be utilized by the City for such items as press releases, brochures, flyers, posters, 3D animations, videos, etc. H. This scope of services does not include any grant writing or grant application submittals to such agencies as the Texas Parks & Wildlife Department. I. This scope of services does not include any final design or construction documents for specific parks and/or recreational facilities within Coppell’s park system. J. If branded website option is selected, the City will be responsible for hosting fees of an online website for progress updates, information, and announcements during the master planning process. 72 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7092 File ID: Type: Status: 2023-7092 Agenda Item Consent Agenda 1Version: Reference: In Control: Parks and Recreation 09/05/2023File Created: Final Action: Waterslide TowerFile Name: Title: Consider approval of an award to Aquatech Solutions America Inc. for the replacement of the outdoor waterslide tower at The CORE, in the amount of $219,000.00 as provided for in the Coppell Recreation Development Corporation (CRDC) Fund and the Recreational Programs Special Revenue Fund; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Quote.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7092 Title Consider approval of an award to Aquatech Solutions America Inc. for the replacement of the outdoor waterslide tower at The CORE, in the amount of $219,000.00 as provided for in the Coppell Recreation Development Corporation (CRDC) Fund and the Recreational Programs Special Revenue Fund; and authorizing the City Manager to sign any necessary documents. Summary See attached memo. Fiscal Impact: The fiscal impact of this project is $219,000; $152,174.00 provided by Coppell Recreation Development Corporation (CRDC) and $66,826.00 provided by the Recreational Programs Page 1City of Coppell, Texas Printed on 9/8/2023 73 Master Continued (2023-7092) Special Revenue Fund. Staff Recommendation: The Community Experiences Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 9/8/2023 74 1 MEMORANDUM To: Mayor and City Council From: Trinity Klepzig, Aquatics Supervisor Jessica Carpenter, Director of Community Experiences Date: September 12, 2023 Reference: Consider approval of an award to Aquatech Solutions America Inc. for the replacement of the outdoor waterslide tower at The CORE, in the amount of $219,000.00 as provided for in the Coppell Recreation Development Corporation (CRDC) Fund and the Recreational Programs Special Revenue Fund; and authorizing the City Manager to sign any necessary documents. 2040: Sustainable Government: Excellent and Well-Maintained City Infrastructure and Facilities Introduction: The purpose of this agenda item is to consider approval of an award of a contract with Aquatech Solutions America Inc., for the replacement of the outdoor waterslide tower at The CORE; in the amount of $152,174.00 as provided for in the Coppell Recreation Development Corporation (CRDC) fund. The total fiscal impact of this project is $219,000.00. CRDC funds will cover $152,174.00 of the project and the remaining $66,826.00 will come out of the Recreational Programs Special Revenue Fund. Background: The CORE's outdoor pool and water slides are heavily used by the residents of Coppell during the summer season. With this amount of use and exposure to chemicals and outdoor elements, the slide tower has become a safety concern and needs to undergo replacement. The slide tower was originally installed in 2000 and an additional slide was added during The CORE’s renovation in 2011. Replacement of the outdoor water slide tower is imperative for maintaining a safe and enjoyable recreation environment. This project would replace the slide tower platforms and stairs with fiberglass strip shims, a material that is more durable and will require less maintenance than the existing concrete material. The existing slides are not in need of replacement and will stay in place. The new material will provide a lifespan of 25-30 years but can be up to 50 years with diligent maintenance and comes with a 2-year warranty. 75 2 The original slide tower refurbishment project was budgeted in the 22-23 CRDC Work Program at $50,000. When the City started contacting contractors to receive quotes, they encountered many challenges with contractors uninterested in taking on the project. While continuing to research contractors, the City had the slide tower inspected. During the inspection, it was determined that a full replacement was needed versus refurbishing several sections. Understanding this would increase the cost of the project, staff initiated the Request for Proposal (RFP) process. The RFP was issued on July 28, 2023, and all proposals were due August 17, 2023. No responses were received. Due to the urgency of the completion date, it was determined that staff had performed the necessary due diligence and could proceed with gathering quotes from individual contractors. Staff obtained a quote from Aquatech Solutions America Inc. and Whitewater. Aquatech Solutions America Inc. provided the lowest quote and is able to complete the work in a timely manner. The scope of the project increasing from tower refurbishment to tower replacement, plus the rising costs of materials and labor, impacted the cost of this project from the amount budgeted in the 2022- 2023 CRDC Work Plan. Benefit to the Community: The replacement of the outdoor water slide tower at The CORE will provide the community with high quality, safe, and enjoyable recreational experiences to contribute to the overall health and wellbeing of the community. Legal Review: The Procurement Division has reviewed the documents and determined that this is an appropriate method of contracting with the vendor. Fiscal Impact: The fiscal impact of this project is $219,000; $152,174.00 provided by Coppell Recreation Development Corporation (CRDC) and $66,826.00 provided by the Recreational Programs Special Revenue Fund. Recommendation: The Community Experiences Department recommends approval of this item. 76 From: Aquatech Solutions America Inc. Proposal to: Aquatech Solutions America Inc. "ASA" 1465 Slater Rd Ferndale, WA 98248 City of Coppell Services 1.Aquatech Solutions America Inc. will provide refurbishment of 1 Tower: a.$219,000 b.Quote is valid for 90 days c.Estimated Duration is 32 days 1.Split Joints and Remove Entry tubs (2) 2.Demo concrete main platform deck and landings 3.Cut and Remove Q Decking on main platform deck and landing 4.Evaluate platform beam steel under existing start tubs for corrosion 5.Assess, restore, or replace exterior platform beam under start tub 6.Remove any corrosion from adjacent platform beams and galvanize 7.Design, procure and Install Fiberglass strip shims for T1800 8.Procure and Install T1800 or similar on all surfaces 9.Demo concrete in metal stair treads for all three stair runs 10.Demo existing metal stair pans and risers for all three stair runs, save existing stringers 11.Grind stringers smooth, galvanize and paint 12.Design, procure and install tread angle supports, 2 per tread, field drill and bolt 13.Design, procure and install new risers 14.Paint all areas required with BASF UNO HD Paint by roller and brush 15.Reconnect Slide and mount to tower deck Contract Assumptions 1.Lay down and access will be behind the tower utilizing fire lane but leaving it open during off hours 2.Structural inspection will by A325 turn of nut. Inspection by others 3.Painting will require weather above 50 degrees F.4.Lead times on steel and materials are typically 60 days.5.Forklift will be used for the majority of erection and there will be access below and around the complex for the forklift and up to 2 man lifts. The site ground conditions have not been evaluated for structural. If swamp pads are required, Aquatech will deploy at additional cost. 77 78 79 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7093 File ID: Type: Status: 2023-7093 Agenda Item Consent Agenda 1Version: Reference: In Control: Parks and Recreation 09/05/2023File Created: Final Action: Veterans MemorialFile Name: Title: Consider approval of a professional services agreement with Olsson Studio, for design services for the Veterans Memorial project in the amount of $186,761 as provided for in the Coppell Recreation Development Corporation assigned fund balance; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Agreement.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7093 Title Consider approval of a professional services agreement with Olsson Studio, for design services for the Veterans Memorial project in the amount of $186,761 as provided for in the Coppell Recreation Development Corporation assigned fund balance; and authorizing the City Manager to sign any necessary documents. Summary See attached memo. Fiscal Impact: The fiscal impact of this item is $186,761.00, as provided for in the Coppell Recreation Development Corporation (CRDC) assigned fund balance. Staff Recommendation: Page 1City of Coppell, Texas Printed on 9/8/2023 80 Master Continued (2023-7093) The Community Experiences Department recommends approval. Strategic Pillar Icon: Foster an Inclusive Community Fabric Page 2City of Coppell, Texas Printed on 9/8/2023 81 1 MEMORANDUM To: Mayor and City Council From: Jessica Carpenter, Director of Community Experiences Date: September 12, 2023 Reference: Consider approval of a professional services agreement with Olsson Studio, for design services for the Veterans Memorial project in the amount of $186,761.00 as provided for in the Coppell Recreation Development Corporation assigned fund balance; and authorizing the City Manager to sign any necessary documents. 2040: Foster an Inclusive Community Fabric Introduction: The purpose of this agenda item is to award a professional services agreement to Olsson Studio for the design of the Veterans Memorial project. With the increase in the project budget to $1.5 million during the July 11th City Council work session, a new design agreement is necessary to cover the updated scope. This agreement includes formal design phase services, bidding and construction phase services, topographic survey, and geotechnical report. Background: In recent years there have been community requests for a Veterans Memorial and a dedicated space to hold events and ceremonies as well as provide education relating to military service. Recognizing this as a need, City Council opted to fund the construction of a memorial in the fiscal year 22-23 budget. During the July 11th City Council meeting, the budget for the project was increased and there was direction for staff to meet with the Parks and Recreation Board again to confirm design elements. City Council also provided direction to pursue Design Concept A (the design in the middle/southern portion of the plaza). The Parks and Recreation Board met on August 7th to review Concept A and was also favorable to the design. This professional services agreement is for Olsson Studio to move into the formal design phase for Concept A. This agreement also includes bidding and construction phase services, topographic survey, and geotechnical report. 82 2 Benefit to the Community: This project will provide a dedicated space in Coppell to honor the current and former service and sacrifice of military members and their loved ones. Legal Review: The Procurement Division has reviewed the documents and determined that this is an appropriate method of contracting with the vendor. Fiscal Impact: The fiscal impact of this item is $186,761.00, as provided for in the Coppell Recreation Development Corporation (CRDC) assigned fund balance. Recommendation: The Community Experiences Department recommends approval of this item. 83 Page 1 of 3 LETTER AGREEMENT FOR PROFESSIONAL SERVICES August 17, 2023 Jessica Carpenter Director of Community Experiences 255 Parkway Boulevard Coppell, Texas 75019 Re:LETTER AGREEMENT FOR PROFESSIONAL SERVICES Coppell Veterans Memorial Design Development, Construction Documents, Bid Phase and Construction Phase Services (the “Project”) Coppell, Texas Dear Ms. Carpenter: It is our understanding that the City of Coppell (“Client”) requests Olsson, Inc. dba The Olsson Studio (“Olsson”) to perform the services described herein pursuant to the terms of this Letter Agreement for Professional Services, Olsson’s General Provisions and any exhibits attached hereto (all documents constitute and are referred to herein as the “Agreement”) for the Project. Olsson has acquainted itself with the information provided by Client relative to the Project and based upon such information offers to provide the services described below for the Project. Client warrants that it is either the legal owner of the property to be improved by this Project or that Client is acting as the duly authorized agent of the legal owner of such property. Client acknowledges that it has reviewed the General Provisions and any exhibits attached hereto, which are expressly made a part of and incorporated into the Agreement by this reference. In the event of any conflict or inconsistency between this Letter Agreement, and the General Provisions regarding the services to be performed by Olsson, the terms of the General Provisions shall take precedence. Olsson shall provide the following services (“Scope of Services”) to Client for the Project: as more specifically described in “Scope of Services” attached hereto. Should Client request work in addition to the Scope of Services, Olsson shall invoice Client for such additional services (Optional Additional Services) at the standard hourly billing labor rate charged for those employees actually performing the work, plus reimbursable expenses if any. Olsson shall not commence work on Optional Additional Services without Client’s prior written approval. Olsson agrees to provide all of its services in a timely, competent and professional manner, in accordance with applicable standards of care, for projects of similar geographic location, quality and scope. 84 Page 2 of 3 SCHEDULE FOR OLSSON’S SERVICES Unless otherwise agreed, Olsson expects to perform its services under the Agreement as follows: Anticipated Start Date: September 2023 Anticipated Completion Date: November 2024 Olsson will endeavor to start its services on the Anticipated Start Date and to complete its services on the Anticipated Completion Date. However, the Anticipated Start Date, the Anticipated Completion Date, and any milestone dates are approximate only, and Olsson reserves the right to adjust its schedule and any or all of those dates at its sole discretion, for any reason, including, but not limited to, delays caused by Client or delays caused by third parties. COMPENSATION Client shall pay to Olsson for the performance of the Scope of Services a lump sum of One Hundred Eighty- six Thousand Seven Hundred Sixty-one Dollars ($186,761.00). Design Phase Services ...................................................................................................$137,120.00 Bidding and Construction Phase Services.........................................................................$34,146.00 Topographic Survey.............................................................................................................$8,115.00 Geotechnical Report............................................................................................................$7,380.00 TERMS AND CONDITIONS OF SERVICE We have discussed with you the risks, rewards and benefits of the Project, the Scope of Services, and our fees for such services and the Agreement represents the entire understanding between Client and Olsson with respect to the Project. The Agreement may only be modified in writing signed by both parties. Client’s designated Project Representative shall be John Johansen. If this Agreement satisfactorily sets forth your understanding of our agreement, please sign in the space provided below. Retain one original for your files and return an executed original to Olsson. This proposal will be open for acceptance for a period of 30 days from the date set forth above, unless changed by us in writing. OLSSON, INC. By __________________________________ By __________________________________ Wyatt Popp, PE Ken Boone 85 Page 3 of 3 By signing below, you acknowledge that you have full authority to bind Client to the terms of the Agreement. If you accept the terms set forth herein, please sign: City of Coppell By _______________________________ Signature Print Name _________________________ Title _______________________________ Dated _________________________ Attachments General Provisions Scope of Services Standard Labor Rate Schedule Reimbursable Expense Schedule 86 Page 1 of 9 GENERAL PROVISIONS These General Provisions are attached to and made a part of the respective Letter Agreement or Master Agreement, dated August 17, 2023 between the City of Coppell (“Client”) and Olsson, Inc. (“Olsson”) for professional services in connection with the project or projects arising under such Letter Agreement or Master Agreement (the “Project(s)”). As used herein, the term "this Agreement" refers to these General Provisions, the applicable Letter Agreement or Master Agreement, and any other exhibits or attachments thereto as if they were part of one and the same document. SECTION 1—OLSSON’S SCOPE OF SERVICES Olsson’s scope of services for the Project(s) is set forth in the applicable Letter Agreement or Master Agreement (“Scope of Services”). SECTION 2—ADDITIONAL SERVICES 2.1 Unless otherwise expressly included, Scope of Services does not include the categories of additional services set forth in Sections 2.2 and 2.3. 2.2 If Client and Olsson mutually agree for Olsson to perform any optional additional services as set forth in this Section 2.2 (“Optional Additional Services”), Client will provide written approval of the agreed-upon Optional Additional Services, and Olsson shall perform or obtain from others such services and will be entitled to an increase in compensation at rates provided in this Agreement. Olsson may elect not to perform all or any of the Optional Additional Services without cause or explanation: 2.2.1 Preparation of applications and supporting documents for governmental financial support of the Project(s); preparation or review of environmental studies and related services; and assistance in obtaining environmental approvals. 2.2.2 Services to make measured drawings of or to investigate existing conditions of facilities. 2.2.3 Services resulting from changes in the general scope, extent or character of the Project(s) or major changes in documentation previously accepted by Client where changes are due to causes beyond Olsson's control. 2.2.4 Services resulting from the discovery of conditions or circumstances which were not contemplated by Olsson at the commencement of this Agreement. Olsson shall notify Client of the newly discovered conditions or circumstances and Client and Olsson shall renegotiate, in good faith, the compensation for this Agreement, if amended terms cannot be agreed upon, Olsson may terminate this Agreement and Olsson shall be paid for its services through the date of termination. 2.2.5 Providing renderings or models. 2.2.6 Preparing documents for alternate bids requested by Client. 2.2.7 Analysis of operations, maintenance or overhead expenses; value engineering; the preparation of rate schedules; earnings or expense statements; cash flow or economic evaluations or; feasibility studies, appraisals or valuations. 2.2.8 Furnishing the services of independent professional associates or consultants for work beyond the Scope of Services. 2.2.9 Services necessary due to the Client’s award of more than one prime contract for the Project(s); services necessary due to the construction contract containing cost plus or incentive-savings provisions; services necessary in order to arrange for performance by persons other than the prime contractor; or those services necessary to administer Client’s contract(s). 2.2.10 Services in connection with staking out the work of contractor(s). 2.2.11 Services during out-of-town travel or visits to the site beyond those specifically identified in this Agreement. 2.2.12 Preparation of operating and maintenance manuals. 2.2.13 Services to redesign some or all of the Project(s). 2.2.14 Preparing to serve or serving as a consultant or witness or assisting Client with any litigation, arbitration or other legal or administrative proceeding. 2.2.15 Services relating to Construction Observation, Certification, Inspection, Construction Cost Estimating, project observation, construction management, construction scheduling, construction phasing or review of Contractor's performance means or methods. 2.3 Whenever, in its sole discretion, Olsson determines additional services as set forth in this Section 2.3 are necessary to avoid a delay in the completion of the Project(s) (“Necessary Additional Services”), Olsson shall perform or obtain from others such services without waiting for specific instructions from Client, and Olsson will be entitled to an increase in compensation for such services at the standard hourly billing rate charged for those employees performing the services, plus reimbursable expenses, if any: 2.3.1 Services in connection with work directive changes and/or change orders directed by the Client to any contractors. 2.3.2 Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by contractor(s); services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by contractor(s); or evaluating an unreasonable or extensive number of claims submitted by contractor(s) or others in connection with the Project(s). 2.3.3 Services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. 87 Page 2 of 9 2.3.4 Additional or extended services during construction made necessary by (1) work damaged during construction, (2) a defective, inefficient or neglected work by any contractor, (3) acceleration of the progress schedule involving services beyond normal working hours, or (4) default by any contractor. SECTION 3—CLIENT'S RESPONSIBILITIES 3.1. Client shall provide all criteria and full information as to Client's requirements for the Project(s); designate and identify in writing a person to act with authority on Client's behalf in respect of all aspects of the Project(s); examine and respond promptly to Olsson's submissions; and give prompt written notice to Olsson whenever Client observes or otherwise becomes aware of any defect in the Olsson’s services. 3.2 Client agrees to pay Olsson the amounts due for services rendered and expenses within thirty (30) days after Olsson has provided its invoice for such services. In the event Client disputes any invoice item, Client shall give Olsson written notice of such disputed item within fifteen (15) days after receipt of such invoice and shall pay to Olsson the undisputed portion of the invoice according to the provisions hereof. If Client fails to pay any invoiced amounts when due, interest will accrue on each unpaid amount at the rate of thirteen percent (13%) per annum from the date due until paid according to the provisions of this Agreement. Interest shall not be charged on any disputed invoice item which is finally resolved in Client’s favor. Payment of interest shall not excuse or cure any default or delay in payment of amounts due. 3.2.1 If Client fails to make any payment due Olsson for services and expenses within thirty (30) days after receipt of Olsson's statement therefore, Olsson may, after giving seven (7) days written notice to Client, suspend services to Client under this Agreement until Olsson has been paid in full all amounts due for services, expenses and charges and Client will not obtain any license to any Work Product or be entitled to retain or use any Work Product pursuant to Section 7.1 unless and until Olsson has been paid in full and Client has fully satisfied all of its obligations under this Agreement. 3.3 Payments to Olsson shall not be withheld, postponed or made contingent on the construction, completion or success of the Project(s) or upon receipt by the Client of offsetting reimbursements or credit from other parties who may have caused the need for additional services. No withholdings, deductions or offsets shall be made from Olsson’s compensation for any reason unless and until Olsson has been found to be legally liable for such amounts. 3.4 Client shall also do the following and pay all costs incident thereto: 3.4.1 Furnish to Olsson any existing and/or required borings, probings or subsurface explorations; hydrographic surveys; laboratory tests or inspections of samples, materials or equipment; appropriate professional interpretations of any of the foregoing; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic or utility surveys; property descriptions; and/or zoning or deed restrictions; all of which Olsson may rely upon in performing services hereunder. 3.4.2 Guarantee access to and make all provisions for Olsson to enter upon public and private property reasonably necessary to perform its services on the Project(s). 3.4.3 Provide such legal, accounting, independent cost estimating or insurance counseling services as may be required for the Project(s); any auditing service required in respect of contractor(s)' applications for payment; and/or any inspection services to determine if contractor(s) are performing the work legally. 3.4.4 Provide engineering surveys to establish reference points for construction unless specifically included in Olsson’s Scope of Services. 3.4.5 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project(s). 3.4.6 If more than one prime contractor is to be awarded the contract for construction, designate a party to have responsibility and authority for coordinating and interfacing the activities of the various prime contractors. 3.4.7 All fees and other amounts payable by Client under this Agreement are exclusive of taxes and similar assessments. Without limiting the foregoing, Client is responsible and liable for all sales, service, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, county or local governmental authority on any amounts payable by Client under this Agreement, other than any taxes imposed on Olsson’s income. In the event any governmental authority assesses Olsson for taxes, duties, or charges of any kind in connection with Scope of Services provided by Olsson to Client, Olsson shall be entitled to submit an invoice to Client, its successors or assigns, for the amount of said assessment and related interest and penalties. Client shall pay such invoice in accordance with Olsson’s standard payment terms. 3.5 Client shall pay all costs incident to obtaining bids or proposals from contractor(s). 3.6 Client shall pay all permit application review costs for government authorities having jurisdiction over the Project(s). 3.7 Contemporaneously with the execution of this Agreement, Client shall designate in writing an individual to act as its duly authorized Project(s) representative. 3.8 Client shall bear sole responsibility for: 3.8.1 Jobsite safety. Neither the professional activities of Olsson, nor the presence of Olsson or its employees or sub- consultants at the Project shall impose any duty on Olsson relating to any health or safety laws, regulations, rules, programs or procedures. 3.8.2 Notifying third parties including any governmental agency or prospective purchaser, of the existence of any hazardous or dangerous materials located in or around the Project(s) site. 3.8.3 Providing and updating Olsson with accurate information regarding existing conditions, including the existence of hazardous or dangerous materials, proposed 88 Page 3 of 9 Project(s) site uses, any change in Project(s) plans, and all subsurface installations, such as pipes, tanks, cables and utilities within the Project(s) site. 3.8.4 Providing and assuming all responsibility for: interpretation of contract documents; Construction Observations; Certifications; Inspections; Construction Cost Estimating; project observations; construction management; construction scheduling; construction phasing; and review of Contractor’s performance, means and methods. Client waives any claims against Olsson and releases Olsson from liability relating to or arising out of such services and agrees, to the fullest extent permitted by law, to indemnify and hold Olsson harmless from any and all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, relating to such actions and services. 3.9 Client releases Olsson from liability for any incorrect advice, judgment or decision based on inaccurate information furnished by Client or others. 3.10 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including hazardous materials, encountered on the site, Olsson may immediately stop work in the affected area and report the condition to Client. Client shall be solely responsible for retaining independent consultant(s) to determine the nature of the material and to abate or remove the material. Olsson shall not be required to perform any services or work relating to or in the area of such material until the material has been removed or rendered harmless and only after approval, if necessary of the government agency with jurisdiction. SECTION 4—MEANING OF TERMS 4.1 The “Cost of Construction” of the entire Project(s) (herein referred to as "Cost of Construction") means the total cost to Client of those portions of the entire Project(s) designed and specified by Olsson, but it will not include Olsson's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include Client's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project(s) or the cost of other services to be provided by others to Client pursuant to Section 3. 4.2 The “Salary Costs”: Used as a basis for payment mean salaries and wages (base and incentive) paid to all Olsson's personnel engaged directly on the Project(s), including, but not limited to, engineers, architects, surveyors, designers, draftsmen, specification writers, estimators, other technical and business personnel; plus the cost of customary and statutory benefits, including, but not limited to, social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay and other group benefits. 4.3 “Certify” or “a Certification”: If included in the Scope of Services, such services shall be limited to a statement of Olsson’s opinion, to the best of Olsson’s professional knowledge, information and belief, based upon its periodic observations and reasonable review of reports and tests created by Olsson or provided to Olsson. Olsson shall not be responsible for constant or exhaustive observation of the work. Client understands and agrees that any certifications based upon discrete sampling observations and that such observations indicate conditions that exist only at the locations and times the observations were performed. Performance of such observation services and certification does not constitute a warranty or guarantee of any type, since even with diligent observation, some construction defects, deficiencies or omissions in the work may occur. Olsson shall have no responsibility for the means, methods, techniques, sequences or procedures selected by the contractor(s) or for the contractor’s safety precautions and programs nor for failure by the contractor(s) to comply with any laws or regulations relating to the performance or furnishing of any work by the contractor(s). Client shall hold its contractor(s) solely responsible for the quality and completion of the Project(s), including construction in accordance with the construction documents. Any duty under this Agreement is for the sole benefit of the Client and not for any third party, including the contractor(s) or any subcontractor(s). Olsson shall sign pre- printed form certifications only if (a) Olsson approves the form of such certification prior to the commencement of its services, (b) such certification is expressly included in the Scope of Services, (c) the certification is limited to a statement of professional opinion and does not constitute a warranty or guarantee, express or implied. It is understood that any certification by Olsson shall not relieve the Client or the Client’s contractors of any responsibility or obligation they may have by industry custom or under any contract. 4.4 “Opinion of Probable Cost”: An opinion of probable construction cost made by Olsson. In providing opinions of probable construction cost, it is recognized that neither the Client nor Olsson has control over the costs of labor, equipment or materials, or over the contractor’s methods of determining prices or bidding. The opinion of probable construction costs is based on Olsson’s reasonable professional judgment and experience and does not constitute a warranty, express or implied, that the contractor’s bids or the negotiated price of the work on the Project(s) will not vary from the Client’s budget or from any opinion of probable cost prepared by Olsson. 4.5 “Day”: A calendar day of 24 hours. The term “days” shall mean consecutive calendar days of 24 hours each, or fraction thereof. 4.6 “Construction Observation”: If included in the Scope of Services, such services during construction shall be limited to periodic visual observation and testing of the work to determine that the observed work generally conforms to the contract documents. Olsson shall not be responsible for constant or exhaustive observation of the work. Client understands and agrees that such visual observations are discrete sampling procedures and that such procedures indicate conditions that exist only at the locations and times the observations were performed. Performance of Construction Observation services does not constitute a warranty or guarantee of any type, since even with diligent observation, some construction defects, deficiencies or omissions in the work may occur. Olsson shall have no responsibility for the means, methods, techniques, sequences or procedures selected by the contractor or for the contractor’s safety precautions and programs nor for failure by the contractor to comply with any laws or regulations relating to the performance or furnishing of any work by the contractor. Client shall hold its contractor(s) solely responsible for the quality and completion of the Project(s), including construction in accordance with the construction documents. Any duty under this Agreement is for the sole benefit of the Client and not for 89 Page 4 of 9 any third party, including the contractor or any subcontractor. Client, or its designees shall notify Olsson at least twenty-four (24) hours in advance of any field tests and observations required by the construction documents. 4.7 “Inspect” or “Inspection”: If included in the Scope of Services, such services shall be limited to the periodic visual observation of the contractor’s completed work to permit Olsson, as an experienced and qualified professional, to determine that the observed work, generally conforms to the contract documents. Olsson shall not be responsible for constant or exhaustive observation of the work. Client understands and agrees that such visual observations are discrete sampling procedures and that such procedures indicate conditions that exist only at the locations and times the observations were performed. Performance of such observation services does not constitute a warranty or guarantee of any type, since even with diligent observation, some construction defects, deficiencies or omissions in the work may occur. Olsson shall have no responsibility for the means, methods, techniques, sequences or procedures selected by the contractor(s) or for the contractor’s safety precautions and programs nor for failure by the contractor(s) to comply with any laws or regulations relating to the performance or furnishing of any work by the contractor(s). Client shall hold its contractor(s) solely responsible for the quality and completion of the Project(s), including construction in accordance with the construction documents. Any duty under this Agreement is for the sole benefit of the Client and not for any third party, including the contractor(s) or any subcontractor(s). Client, or its designees, shall notify Olsson at least twenty-four (24) hours in advance of any inspections required by the construction documents. 4.8 “Record Documents”: Drawings prepared by Olsson upon the completion of construction based upon the drawings and other data furnished to Olsson by the Contractor and others showing significant changes in the work on the Project(s) made during construction. Because Record Documents are prepared based on unverified information provided by others, Olsson makes no warranty of the accuracy or completeness of the Record Documents. SECTION 5—TERMINATION 5.1 Either party may terminate this Agreement, for cause upon giving the other party not less than seven (7) calendar days written notice of default for any of the following reasons; provided, however, that the notified party shall have the same seven (7) calendar day period in which to cure the default: 5.1.1 Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party; 5.1.2 Assignment of this Agreement or transfer of the Project(s) by either party to any other entity without the prior written consent of the other party; 5.1.3 Suspension of the Project(s) or Olsson’s services by the Client for more than ninety (90) calendar days, consecutive or in the aggregate. 5.2 In the event of a “for cause” termination of this Agreement by either party, the Client shall, within fifteen (15) calendar days after receiving Olsson’s final invoice, pay Olsson for all services rendered and all reimbursable costs incurred by Olsson up to the date of termination, in accordance with the payment provisions of this Agreement. 5.2.1 In the event of a “for cause” termination of this Agreement by Client and (a) a final determination of default is entered against Olsson under Section 6.2 and (b) Client has fully satisfied all of its obligations under this Agreement, Olsson shall grant Client a limited license to use the Work Product pursuant to Section 7.1. 5.3 The Client may terminate this Agreement for the Client’s convenience and without cause upon giving Olsson not less than seven (7) calendar days written notice. In the event of any termination that is not the fault of Olsson, the Client shall pay Olsson, in addition to payment for services rendered and reimbursable costs incurred, for all expenses reasonably incurred by Olsson in connection with the orderly termination of this Agreement, including but not limited to demobilization, reassignment of personnel, associated overhead costs, any fees, costs or expenses incurred by Olsson in preparing or negotiating any proposals submitted to Client for Olsson’s Scope of Services or Optional Additional Services under this Agreement and all other expenses directly resulting from the termination and a reasonable profit of ten percent (10%) of Olsson’s actual costs (including overhead) incurred. SECTION 6—DISPUTE RESOLUTION 6.1. Mediation 6.1.1 All questions in dispute under this Agreement shall be submitted to mediation. On the written notice of either party to the other of the election to submit any dispute under this Agreement to mediation, each party shall designate their representatives and shall meet within ten (10) days after the service of the notice. The parties themselves shall then attempt to resolve the dispute within ten (10) days of meeting. 6.1.2 Should the parties themselves be unable to agree on a resolution of the dispute, and then the parties shall appoint a third party who shall be a competent and impartial party and who shall be acceptable to each party, to mediate the dispute. Any third party mediator shall be qualified to evaluate the performance of both of the parties, and shall be familiar with the design and construction progress. The third party shall meet to hear the dispute within ten (10) days of their selection and shall attempt to resolve the dispute within fifteen (15) days of first meeting. 6.1.3 Each party shall pay the fees and expenses of the third party mediator and such costs shall be borne equally by both parties. 6.2 Arbitration or Litigation 6.2.1 Olsson and Client agree that from time to time, there may be conflicts, disputes and/or disagreements between them, arising out of or relating to the services of Olsson, the Project(s), or this Agreement (hereinafter collectively referred to as “Disputes”) which may not be resolved through mediation. Therefore, Olsson and Client agree that all Disputes shall be resolved by binding arbitration or litigation at the sole discretion and choice of Olsson. If Olsson chooses arbitration, the arbitration proceeding shall proceed in accordance with the Construction Industry Arbitration Rules of the AAA. 90 Page 5 of 9 6.2.2 Client hereby agrees that Olsson shall have the right to include Client, by consolidation, joinder or other manner, in any arbitration or litigation involving Olsson and a subconsultant or subcontractor of Olsson or Olsson and any other person or entity, regardless of who originally initiated such proceedings. 6.2.3 If Olsson chooses arbitration or litigation, either may be commenced at any time prior to or after completion of the Project(s), provided that if arbitration or litigation is commenced prior to the completion of the Project(s), the obligations of the parties under the terms of this Agreement shall not be altered by reason of the arbitration or litigation being conducted. Any arbitration hearings or litigation shall take place in Lincoln, Nebraska, the location of Olsson’s home office. 6.2.4 Except to the extent prohibited by law, the prevailing party in any arbitration or litigation relating to any Dispute shall be entitled to recover from the other party those reasonable attorney fees, costs and expenses incurred by the prevailing party in connection with the Dispute. In the event of a Dispute involving a Claim (as hereinafter defined) against Olsson, Olsson shall be considered the “prevailing party” if Client is awarded materially less than the full amount of damages claimed by the Client in connection with the Dispute. In all other Disputes, “prevailing party” shall mean the party (if any) who obtains all, or substantially all, of the relief requested by that party in connection with the Dispute. 6.3 Certification of Merit Client agrees that it will not assert any claim, including but not limited to, professional negligence, negligence, breach of contract, misconduct, error, omission, fraud, or misrepresentation (“Claim”) against Olsson, or any Olsson subconsultant, unless Client has first provided Olsson with a sworn certificate of merit affidavit setting forth the factual and legal basis for such Claim (the “Certificate”). The Certificate shall be executed by an independent engineer (“Certifying Engineer”) currently licensed and practicing in the jurisdiction of the Project site. The Certificate must contain: (a) the name and license number of the Certifying Engineer; (b the qualifications of the Certifying Engineer, including a list of all publications authored in the previous 10 years and a list of all cases in which the Certifying Engineer testified within the previous 4 years ; (c) a statement by the Certifying Engineer setting forth the factual basis for the Claim; (d) a statement by the Certifying Engineer of each and every act, error, or omission that the Certifying Engineer contends supports the Claim or any alleged violation of any applicable standard of care; (e) a statement by the Certifying Engineer of all opinions the Certifying Engineer holds regarding the Claim or any alleged violation of any applicable standard of care; (f) a list of every document related to the Project reviewed by the Certifying Engineer; and (g) a list of every individual who provided Certifying Engineer with any information regarding the Project. The Certificate shall be provided to Olsson not less than thirty (30) days prior to any arbitration or litigation commenced by Client or not less than ten (10) days prior to the initial response submitted by Client in any arbitration or litigation commenced by someone other than Client. The Certificate is a condition precedent to the right of Client to assert any Claim in any litigation or arbitration and Client’s failure to timely provide a Certificate to Olsson will be grounds for automatic dismissal of the Claim with prejudice. In any such instance, Olsson shall be entitled to an award of attorney’s fees, costs, and expenses. SECTION 7—MISCELLANEOUS 7.1 Reuse of Documents All documents, including drawings, specifications, reports, boring logs, maps, field data, data, test results, information, recommendations, or opinions prepared or furnished by Olsson (and Olsson's independent professional associates and consultants) pursuant to this Agreement (“Work Product”), are all Olsson’s instruments of service, do not constitute goods or products, and are copyrighted works of Olsson. Olsson shall retain an ownership and property interest in such Work Product whether or not the Project(s) is completed. If Client has fully satisfied all of its obligations under this Agreement, Olsson shall grant Client a limited license to use the Work Product and Client may make and retain copies of Work Product for use in connection with the Project(s); however, such Work Product is for the exclusive use and benefit of Client or its agents in connection with the Project(s), are not intended to inform, guide or otherwise influence any other entities or persons with respect to any particular business transactions, and should not be relied upon by any entities or persons other than Client or its agents for any purpose other than the Project(s). Such Work Product is not intended or represented to be suitable for reuse by Client or others on extensions of the Project(s) or on any other Project(s). Client will not distribute or convey such Work Product to any other persons or entities without Olsson's prior written consent which shall include a release of Olsson from liability and indemnification by the third party. Any reuse of Work Product without written verification or adaptation by Olsson for the specific purpose intended will be at Client's sole risk and without liability or legal exposure to Olsson, or to Olsson's independent professional associates or consultants, and Client shall indemnify and hold harmless Olsson and Olsson's independent professional associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation of Work Product will entitle Olsson to further compensation at rates to be agreed upon by Client and Olsson. 7.2 Electronic Files By accepting and utilizing any electronic file of any Work Product or other data transmitted by Olsson, the Client agrees for itself, its successors, assigns, insurers and all those claiming under or through it, that by using any of the information contained in the attached electronic file, all users agree to be bound by the following terms. All of the information contained in any electronic file is the work product and instrument of service of Olsson, who shall be deemed the author, and shall retain all common law, statutory law and other rights, including copyrights, unless the same have previously been transferred in writing to the Client. The information contained in any electronic file is provided for the convenience to the Client and is provided in “as is” condition. The Client is aware that differences may exist between the electronic files transferred and the printed hard-copy original signed and stamped drawings or reports. In the event of a conflict between the signed original documents prepared by Olsson and the electronic files, which may be transferred, the signed and sealed original documents shall govern. Olsson specifically disclaims all warranties, expressed or implied, including without limitation, and any warranty of merchantability or fitness for a particular purpose with respect to any electronic files. It shall be Client’s responsibility to confirm the accuracy of the information contained in the electronic file and that it accurately reflects the information needed by the Client. Client 91 Page 6 of 9 shall not retransmit any electronic files, or any portion thereof, without including this disclaimer as part of any such transmissions. In addition, Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Olsson, its officers, directors, employees and sub consultants against any and all damages, liabilities, claims or costs, including reasonable attorney’s and expert witness fees and defense costs, arising from any changes made by anyone other than Olsson or from any reuse of the electronic files without the prior written consent of Olsson. 7.3 Opinion of Probable Cost Since Olsson has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s)' methods of determining prices, or over competitive bidding or market conditions, Olsson's Opinion of Probable Cost provided for herein is made on the basis of Olsson's experience and qualifications and represent Olsson's best judgment as an experienced and qualified professional engineer, familiar with the construction industry. Client acknowledges and agrees that Olsson cannot and does not guarantee proposals or bids and that actual total Project(s) or construction costs may reasonably vary from Olsson’s Opinion of Probable Cost. If prior to the bidding or negotiating phase Client wishes greater assurance as to total Project(s) or construction costs, Client shall employ an independent cost estimator as provided in paragraph 3.4.3. If Olsson’s Opinion of Probable Cost was performed in accordance with its standard of care and was reasonable under the total circumstances, any services performed by Olsson to modify the contract documents to bring the construction cost within any limitation established by Client will be considered Optional Additional Services and paid for as such by Client. If, however, Olsson’s Opinion of Probable Cost was not performed in accordance with its standard of care and was unreasonable under the total circumstances and the lowest negotiated bid for construction of the Project(s) unreasonably exceeds Olsson's Opinion of Probable Cost, Olsson shall modify its work as necessary to adjust the Project(s)’ size, and/or quality to reasonably comply with the Client’s budget at no additional cost to Client. Under such circumstances, Olsson’s modification of its work at no cost shall be the limit of Olsson’s responsibility with regard to any unreasonable Opinion of Probable Cost. 7.4 Prevailing Wages It is Client's responsibility to determine whether the Project(s) is covered under any prevailing wage regulations. Unless Client specifically informs Olsson in writing that the Project(s) is a prevailing wage project and is identified as such in the Scope of Services, Client agrees to reimburse Olsson and to defend, indemnify and hold harmless Olsson from and against any liability, including costs, fines and attorneys' fees, resulting from a subsequent determination that the Project(s) was covered under any prevailing wage regulations. 7.5 Samples All material testing samples shall remain the property of the Client. If appropriate, Olsson shall preserve samples obtained no longer than forty-five (45) days after the issuance of any document that includes the data obtained from those samples. After that date, Olsson may dispose of the samples or return them to Client at Client's cost. 7.6 Standard of Care Olsson will strive to perform its services in a manner consistent with that level of care and skill ordinarily exercised by members of Olsson’s profession providing similar services in the same locality under similar circumstances at the time Olsson’s services are performed. This Agreement creates no other representation, warranty or guarantee, express or implied. 7.7 Force Majeure Any delay in the performance of any of the duties or obligations of either party hereto (except the payment of money) shall not be considered a breach of this Agreement and the time required for performance shall be extended for a period equal to the period of such delay, provided that such delay has been caused by or is the result of any acts of God, acts of the public enemy, insurrections, riots, embargoes, labor disputes, including strikes, lockouts, job actions, boycotts, fires, explosions, floods, shortages of material or energy, or other unforeseeable causes beyond the control and without the fault or negligence of the party so affected. The affected party shall give prompt notice to the other party of such cause, and shall take promptly whatever reasonable steps are necessary to relieve the effect of such cause. 7.8 Equal Employment Opportunity Olsson and any sub-consultant or subcontractor shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60- 741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status. 7.9 Confidentiality In performing this Agreement, the parties may disclose to each other written, oral, electronic, graphic, machine-readable, tangible or intangible, non-public, confidential or proprietary data or information in any form or medium, including but not limited to: (1) information of a business, planning, marketing, conceptual, design, or technical nature; (2) models, tools, hardware, software or source code; and (3) any documents, videos, photographs, audio files, data, studies, reports, flowcharts, works in progress, memoranda, notes, files or analyses that contain, summarize or are based upon any non- public, proprietary or confidential information (hereafter referred to as the "Information"). The Information is not required to be marked as confidential. 7.9.1 Therefore, Olsson and Client agree that the party receiving Information from the other party to this Agreement (the “Receiving Party”) shall keep Information confidential and not use the Information in any manner other than in the performance of this Agreement without prior written approval of the party disclosing Information (the “Disclosing Party”) unless Client is a public entity and the release of Information is required by law or legal process. 92 Page 7 of 9 7.9.2 Prior to the start of construction on the Project, the existence of discussions between the parties, the purpose of this Agreement, and this Agreement shall be considered Information subject to the confidentiality provisions of this Agreement. 7.9.3 Notwithstanding anything to the contrary herein, the Receiving Party shall have no obligation to preserve the confidentiality of any Information which: 7.9.3.1 was previously known to the Receiving Party free of any obligation to keep it confidential; or 7.9.3.2 is or becomes publicly available by other than unauthorized disclosures; or 7.9.3.3 is independently developed by the Receiving Party without a breach of this Agreement; or 7.9.3.4 is disclosed to third parties by the Disclosing Party without restrictions; or 7.9.3.5 is received from a third party not subject to any confidentiality obligations. 7.9.4 In the event that the Receiving Party is required by law or legal process to disclose any of Information of the Disclosing Party, the Receiving Party required to disclose such Information shall provide the Disclosing Party with prompt oral and written notice, unless notice is prohibited by law (in which case such notice shall be provided as early as may be legally permissible), of any such requirement so that the Disclosing Party may seek a protective order or other appropriate remedy. 7.9.5 Notwithstanding anything to the contrary herein (or to the contrary of any existing or future nondisclosure, confidentiality or similar agreement between the parties), Olsson is authorized, to use, display, reproduce, publish, transmit, and distribute Information (including, but not limited to, videos and photographs of the Project) on and in any and all formats and media (including, but not limited to, Olsson’s internet website) throughout the world and in all languages in connection with or in any manner relating to the marketing, advertising, selling, qualifying, proposing, commercializing, and promotion of Olsson and/or its services and business and in connection with any other lawful purpose of Olsson. In the event of any conflict or inconsistency between the provisions of this section and any other prior or future nondisclosure, confidentiality or similar agreement between the parties, the terms of this section shall take precedence. 7.9.6 Nothing contained in this Agreement shall be construed as altering any rights that the Disclosing Party has in the Information exchanged with or disclosed to the Receiving Party, and upon request, the Receiving Party will return all Information received in tangible form to the Disclosing Party, or at the Receiving Party’s option, destroy all such Information. If the Receiving Party exercises its option to destroy the Information, the Receiving Party shall certify such destruction to the Disclosing Party. 7.9.7 The parties acknowledge that disclosure or use of Information in violation of this Agreement could cause irreparable harm for which monetary damages may be difficult to ascertain or constitute an inadequate remedy. Each party therefore agrees that the Disclosing Party shall be entitled in addition to its other rights to seek injunctive relief for any violation of this Agreement. 7.9.8 The obligations of confidentiality set forth herein shall survive termination of this Agreement but shall only remain in effect for a period of one (1) year from the date the Information is first disclosed. 7.10 Damage or Injury to Subterranean Structures or Utilities, Hazardous Materials, Pollution and Contamination 7.10.1 To the extent that work pursuant to this Agreement requires any sampling, boring, excavation, ditching or other disruption of the soil or subsurface at the Site, Olsson shall confer with Client prior to such activity and Client will be responsible for identifying, locating and marking, as necessary, any private subterranean structures or utilities and Olsson shall be responsible for arranging investigation of public subterranean structures or utilities through an appropriate utility one-call provider. Thereafter, Olsson shall take all reasonable precautions to avoid damage or injury to subterranean structures or utilities which were identified by Client or the one- call provider. Olsson shall not be responsible for any damage, liability or costs, for any property damage, injury or economic loss arising or allegedly arising from damages to subterranean structures or utilities caused by subsurface penetrations in locations approved by Client and/or the one call provider or not correctly shown on any plans, drawings or utility clearance provided to Olsson, except for damages caused by the negligence of Olsson in the use of such information. 7.10.2 It is understood and agreed that any assistance Olsson may provide Client in the disposal of waste materials shall not result in Olsson being deemed as a generator, arranger, transporter or disposer of hazardous materials or hazardous waste as defined under any law or regulation. Title to all samples and waste materials remains with Client, and at no time shall Olsson take title to the above material. Client may authorize Olsson to execute Hazardous Waste Manifest, Bill of Lading or other forms as agent of Client. If Client requests Olsson to execute such documents as its agent, the Hazardous Waste Manifest, Bill of Lading or other similar documents shall be completed in the name of the Client. Client agrees to indemnify and hold Olsson harmless from any and all claims that Olsson is a generator, arranger, transporter, or disposer of hazardous waste as a result of any actions of Olsson, including, but not limited to, Olsson signing a Hazardous Waste Manifest, Bill of Lading or other form on behalf of Client. 7.10.3 At any time, Olsson can request in writing that Client remove samples, cuttings and hazardous substances generated by the Project(s) from the project site or other location. Client shall promptly comply with such request, and pay and be responsible for the removal and lawful disposal of samples, cuttings and hazardous substances, unless other arrangements are mutually agreed upon in writing. 7.10.4 Client shall release Olsson of any liability for, and shall defend and indemnify Olsson against any and all claims, liability and expense resulting from operations under this Agreement on account of injury to, destruction of, or loss or impairment of any property right in or to oil, gas, or other mineral substance or water, if at the time of the act or omission causing such injury, destruction, loss or impairment, said substance had not been reduced to physical possession above the surface of 93 Page 8 of 9 the earth, and for any loss or damage to any formation, strata, reservoir beneath the surface of the earth. 7.10.5 Notwithstanding anything to the contrary contained herein, it is understood and agreed by and between Olsson and Client that the responsibility for pollution and contamination shall be as follows: 7.10.5.1 Unless otherwise provided herein, Client shall assume all responsibility for, including control and removal of, and protect, defend and save harmless Olsson from and against all claims, demands and causes of action of every kind and character arising from pollution or contamination (including naturally occurring radioactive material) which originates above the surface of the land or water from spills of fuels, lubricants, motor oils, pipe dope, paints, solvents, ballast, bilge and garbage, except unavoidable pollution from reserve pits, wholly in Olsson’s possession and control and directly associated with Olsson’s equipment. 7.10.5.2 In the event a third party commits an act or omission which results in pollution or contamination for which either Olsson or Client, for whom such party is performing work, is held to be legally liable, the responsibility therefore shall be considered as between Olsson and Client, to be the same as if the party for whom the work was performed had performed the same and all of the obligations regarding defense, indemnity, holding harmless and limitation of responsibility and liability, as set forth herein, shall be specifically applied. 7.11 Controlling Law and Venue The parties agree that this Agreement and any legal actions concerning its validity, interpretation or performance shall be governed by the laws of the State of Nebraska. It is further agreed that any legal action between the parties arising out of this Agreement or the performance of services shall be brought in a court of competent jurisdiction in Nebraska. 7.12 Subconsultants Olsson may utilize as necessary in its discretion subconsultants and other subcontractors. Olsson will be paid for all services rendered by its subconsultants and other subconsultants as set forth in this Agreement. 7.13 Assignment 7.13.1 Client and Olsson each are hereby bound and the partners, successors, executors, administrators and legal representatives of Client and Olsson (and to the extent permitted by paragraph 7.13.2 the assigns of Client and Olsson) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 7.13.2 Neither Client nor Olsson shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. 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 this Agreement. Nothing contained in this paragraph shall prevent Olsson from employing such subconsultants and other subcontractors as Olsson may deem appropriate to assist in the performance of services under this Agreement. 7.13.3 Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than Client and Olsson, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Client and Olsson and not for the benefit of any other party. There are no third-party beneficiaries of this Agreement. 7.14 Indemnity Olsson and Client mutually agree, to the fullest extent permitted by law, to indemnify and hold each other harmless from any and all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, relating to third party personal injury or third party property damage and arising from their own negligent acts, errors or omissions in the performance of their services under this Agreement, but only to the extent that each party is responsible for such damages, liabilities or costs on a comparative basis of fault. 7.15 Limitation on Damages 7.15.1 Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither party’s individual employees, principals, officers or directors shall be subject to personal liability or damages arising out of or connected in any way to the Project(s) or to this Agreement. 7.15.2 Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither Client nor Olsson, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any delay damages, any punitive damages or any incidental, indirect or consequential damages arising out of or connected in any way to the Project(s) or to this Agreement. This mutual waiver of delay damages and consequential damages shall include, but is not limited to, disruptions, accelerations, inefficiencies, increased construction costs, increased home office overhead, loss of use, loss of profit, loss of business, loss of income, loss of reputation or any other delay or consequential damages that either party may have incurred from any cause of action including, but not limited to, negligence, statutory violations, misrepresentation, fraud, deceptive trade practices, breach of fiduciary duties, strict liability, breach of contract and/or breach of strict or implied warranty. Both the Client and Olsson shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in the Project(s). 7.15.3 Notwithstanding any other provision of this Agreement, Client agrees that, to the fullest extent permitted by law, Olsson’s total liability to the Client for any and all injuries, claims, losses, expenses, damages, or claims expenses of any kind arising from any services provided by or through Olsson under this Agreement, shall not exceed the amount of Olsson’s fee earned under this Agreement. Client acknowledges that such causes include, but are not limited to, negligence, statutory violations, misrepresentation, fraud, deceptive trade practices, breach of fiduciary duties, strict liability, breach of contract 94 Page 9 of 9 and/or breach of strict or implied warranty. This limitation of liability shall apply to all phases of Olsson’s services performed in connection with the Project(s), whether subsequent to or prior to the execution of this Agreement. 7.16 Entire Agreement/Severability This Agreement supersedes all prior communications, understandings and agreements, whether oral or written. Amendments to this Agreement must be in writing and signed by the Client and Olsson. If any part of this Agreement is found to conflict with applicable law, such part alone shall be null and void and considered stricken, but the remainder of this Agreement shall be given full force and effect. 95 Page 1 of 10 SCOPE OF SERVICES This exhibit is hereby attached to and made a part of the Letter Agreement for Professional Services dated August 17, 2023 between The City of Coppell (“Client”) and Olsson, Inc. dba The Olsson Studio (“Olsson”), providing for professional services. Olsson’s Scope of Services for the Agreement is indicated below. PROJECT DESCRIPTION AND LOCATION Project will be located at: Town Center Park, 255 Parkway Blvd, Coppell, Texas Project Description: Design Development and Construction Documents of a new Veterans Plaza at Town Center Park in Coppell, Texas SCOPE OF SERVICES Olsson shall provide the following services (Scope of Services) to Client for the Project: PHASE 100 - PROJECT COORDINATION/MANAGEMENT/COMMUNICATION Olsson will conduct project management throughout the project for their work. Olsson will coordinate with the Client to establish, maintain and adjust project schedules, milestones and progress of work for the project. Olsson will maintain contact with the Client via phone and email throughout the project. Olsson will attend up to three (3) progress meetings. The meetings are anticipated to be City Council and/ or Park Board Meetings. Deliverables: Memoranda, as needed Meetings Up to three (3) in-person Progress Meetings PHASE 200 DATA GATHERING/SITE VISIT/BASE MAP Task 201 Topographical Survey Olsson will provide a design/topographic survey of relevant areas within the park per Exhibit A. The topographic/design survey will include the following: 1. Establish project control using Global Positioning System (GPS) methodology. Horizontal values will be based on the Texas State Plane Coordinate System, North American Datum of 1983, North Central Zone (4202) Vertical values will be based on the North American Vertical Datum of 1988 (NAVD88) using Geoid18. 2. Topographic/design survey to include, All observed/visible above ground utilities, Underground utilities based on 811 locates, Storm and sanitary sewer inverts with direction and pipe sizes. (if any), Locate all observed improvements to the limits of the Survey Area, and provide topo sufficient to determine 1’ contours. 3. Tree survey to include all trees greater than 4” in diameter on the protected tree list and all trees greater than 12” in diameter. 96 Page 2 of 10 Task 202 Geotechnical Report Olsson will obtain a geotechnical report with recommendations for the identified improvements at the estimated locations. Geotechnical services will include the following: 1. Drilling Services a. Coordination and General Notes i. The drill crew will contact TX811 to locate underground utilities. To ensure the safety of the crew on site, Owner must inform Olsson of the location of all private utilities and private utility service connections. The cost of locating private utility lines near the proposed boring location through private locating services can be provided at an additional fee. ii. It is assumed that all boring locations are readily accessible. Boring locations that are not readily accessible will be offset to a suitable location. iii. Drilling equipment may cause disturbance to natural surroundings including but not limited to soil indentations and rutting. Olsson will not be liable or responsible for any site disturbance that may occur as a result of bringing equipment on site. The Owner accepts full responsibility for site disturbance. b. Field Exploration i. Olsson proposes to use a truck-mounted drill rig to complete the following requested borings as shown in Exhibit B for the geotechnical exploration: 1. One boring to a depth of 10 feet 2. Three borings to depths of 15 feet each The borings will be advanced to the depths proposed, or to refusal, whichever is shallower. ii. Soils will be sampled with either a split-barrel sampler or thin-walled tube at 2.5 feet intervals in the upper 10 feet, and every 5 feet after, or at changes of strata. iii. Olsson will obtain groundwater levels in the test borings at the time of drilling and upon completion of the drilling operations. iv. After obtaining groundwater level readings, Olsson will backfill the borings with soil cuttings. 2. Geotechnical Services a. Laboratory Services Laboratory testing may include visual soil classification, unconfined compression tests, thin-walled tube density tests, moisture content tests, Atterberg limit tests, sieve analysis tests, and swell tests. b. Engineering Analysis and Report Preparation Olsson will perform engineering analyses and provide conclusions and recommendations regarding the following in a geotechnical report: i. Maximum allowable soil bearing pressures and estimates of maximum total and differential settlement for design of shallow foundations. Shallow foundation recommendations will include minimum footing sizes and the minimum bearing depth or other minimum bearing depth. ii. Foundation design parameters for a small diameter drilled shaft for the flagpole, including allowable axial and lateral capacity design parameters. iii. Lift thickness, moisture control, and compaction criteria for backfill and structural fill. iv. Shrink/swell characteristics of the on-site soils and the potential for reuse of on-site soils as structural fill. 97 Page 3 of 10 Olsson will present conclusions and recommendations in a written report that will include a map of boring locations, soil boring logs, and a summary of laboratory tests. Should Client request work in addition to the above scope for Geotechnical Services, Olsson will invoice Client for such additional services (Optional Additional Services) at the current standard hourly billing labor rate charged for those employees actually performing the work, plus reimbursable expenses, if any. Olsson will not commence work on Optional Additional Service without Client’s prior written approval. Barring circumstances beyond Olsson’s control, Olsson will complete the geotechnical report approximately five to six weeks after receiving written Notice to Proceed. Deliverables: Geotechnical report – PDF format Meetings None Phase 300 – SCHEMATIC DESIGN Olsson will develop the design for the park per the approved Design Concept dated August 7, 2023 (Exhibit C). Olsson will develop the design for each program element. The program elements are as follows: a. Memorial monuments b. Pathways c. Retaining walls d. Fountain platform e. Park sign For each element, Olsson will prepare design sketches and details for up to two (2) options for each element showing size, shape, materials, details and parameters of the design. Olsson will gather affinity imagery, product/material specifications where relevant. Olsson will review the design of each element with Client at one (1) design review meeting. Olsson will prepare a PowerPoint presentation to display the generated graphics and information and communicate with client. Client will confirm preferred design of each element. Client shall provide all comments to Olsson in single, typed-correspondence. Deliverables: Design Review PowerPoint Presentation from design review meeting – PDF format Meetings: One (1) Design Review Meeting to review the design of the program elements. – In-person 98 Page 4 of 10 Phase 400 – 60% CONSTRUCTION PLANS Olsson will update selected design elements per comments received. Olsson will prepare construction plans at 60% completion level for the approved schematic design plans. Plans will include: a. Site Plan b. Erosion Control c. Demo Plan d. Layout Plan e. Grading Plan f. Landscape Plan g. Irrigation Plan h. Details i. Monuments ii. Pathways iii. Retaining Walls iv. Fountain Platform v. Park Sign vi. Flag Poles vii. Site Furnishings Olsson will prepare Opinion of Probable Construction Costs (OPCC) based on the 60% Construction Documents. Olsson will attend one (1) 60% Plan Review Meeting with Client to review 60% Plans, and OPCC and obtain Client approval prior to proceeding to preparing 90% Construction Documents. Client shall provide all comments to Olsson in single, typed-correspondence. Deliverables: 60% Construction Documents – B&W PDF formatted to print full-size at 22”x34” sheet size 60% Opinion of Probable Construction Cost – B&W PDF formatted to print on letter size paper. Meetings: One (1) 60% Plan Review Meeting to review the 60% Plans and OPCC. – In- person Phase 500 90% CONSTRUCTION DOCUMENTS Olsson will update plans per comments received in the 60% Plan Review Meeting and prepare construction plans at 90% completion level. Olsson will prepare Technical Specifications formatted per City template. Olsson will update the OPCC based on the 90% Construction Documents. Olsson will attend one (1) 90% Plan Review Meeting with Client to review 90% Plans, OPCC, and Technical Specifications and obtain Client approval prior to proceeding to preparing 100% 99 Page 5 of 10 Construction Documents. Client shall provide all comments to Olsson in single, typed- correspondence. Deliverables: 90% Construction Documents – B&W PDF formatted to print full-size at 22”x34” sheet size 90% Opinion of Probable Construction Cost – B&W PDF formatted to print on letter size paper. 90% Technical Specifications – B&W PDF formatted to print on letter size paper. Meetings: One (1) 90% Plan Review Meeting to review the 100% Plans, OPCC and Table of Contents. The single meeting will cover all four parks. – In-person Phase 600 ISSUE FOR CONSTRUCTION PLANS Olsson will update plans and specifications per comments received in the 90% Plan Review Meeting and prepare construction plans and specifications at 100% completion level. Olsson will update the OPCC based on the 100% Construction Documents. Olsson will submit plans and specifications to the Client’s selected Registered Accessibility Specialist (RAS) licensed by Texas Department of Licensing and Regulation (TDLR) for accessibility review. Olsson will receive comments and update design and plans per comments from RAS concurrently with the 100% comments received from the Client and incorporate into IFC plans. Olsson will attend one (1) 100% Plan Review Meeting with Client to review 100% Plans, Specifications, and OPCC and obtain Client approval prior to proceeding to preparing Issued For Construction Documents. Client shall provide all comments to Olsson in single, typed- correspondence. Olsson will update plans and specifications per comments received in the 100% Plan Review Meeting and prepare Issued for Construction (IFC) plans. Olsson will assist the Client in the preparation the IFC Project Manual. The Client shall provide standard front end and “boiler plate” documents and forms, general and special provisions, requirements, advertisements, and instructions for bidding and construction. Olsson shall prepare the Bid Form per City template. Olsson shall provide the Technical Specifications formatted per City template. Olsson will update the OPCC. Deliverables: 100% Construction Documents – B&W PDF formatted to print full-size at 22”x34” sheet size 100% Technical Specifications – B&W PDF formatted to print on letter size paper. 100% Opinion of Probable Construction Cost – B&W PDF formatted to print on letter size paper. 100 Page 6 of 10 IFC Construction Documents – B&W PDF formatted to print full-size at 22”x34” sheet size IFC Technical Specification – B&W PDF formatted to print on letter size paper. IFC Opinion of Probable Construction Cost – B&W PDF formatted to print on letter size paper. Meetings: One (1) 100% Plan Review Meeting to review the 100% Plans, OPCC and Table of Contents. The single meeting will cover all four parks. – In-person Phase 700 BID PHASE ASSISTANCE Olsson will attend one (1) Pre-Bid Conference conducted by the Client. Olsson will provide responses to requests for information (RFI) and issue Addenda as appropriate during bidding phase of project in electronic format. Olsson will assist the Client in analysis of bids and bid award recommendation. Olsson will not create a bid tabulation spreadsheet of the bids received. Olsson will only review the bid tabulations to check for completeness and discrepancies or inaccuracies. Deliverables: RFI as required in electronic format. Addenda as required in electronic format. Meetings: One (1) Pre-Bid Conference conducted by the Client. – In-person Phase 800 CONSTRUCTION PHASE ASSISTANCE Olsson will attend one (1) Pre-Construction Conference conducted by the Client. Olsson will review submittals and shop drawings and provide responses as appropriate in electronic format. Olsson will attend up to twelve (12) Bi-Weekly Construction Review Meetings conducted by others. Olsson will attend one (1) punchlist walkthrough to be conducted by the City to review the work completed under the scope.. Olsson will assist the Client in the walkthrough. Olsson will provide notes and photographic documentation of observations in a punchlist report. Olsson will not provide any site visits or observation, review, evaluation, inspection or reports of any work during the entirety of construction. Olsson can provide these services as additional services. Deliverables: RFI as required in electronic format. Addenda as required in electronic format. Submittal reviews as required in electronic format Punchlist Report in electronic format 101 Page 7 of 10 Meetings: One (1) Pre-Construction Conference conducted by the Client – In-person Twelve (12) Bi-Weekly Construction Review Meetings – In-person One (1) Punchlist Walkthrough – In-person ASSUMPTIONS All services shall be completed one (1)-time only. Repetition of any tasks, beyond the design/review processes described above shall be considered as additional services. EXCLUSIONS As-built drawings/certifications Field and construction services including construction staking, testing, inspection, and observation. Permit fees Project-related permitting Easement legal descriptions and exhibits Services typical of General Contractor duties, including but not limited to: o Coordination between contractors of different trades. o Coordination of schedules of different tasks or trades o Acquiring of materials or equipment. Self-execution of all or any part of construction or installation. Items not specifically included in the Scope of Services above. Should Client request work in addition to the Scope of Services, Olsson shall invoice Client for such additional services (Optional Additional Services) at the standard hourly billing labor rate charged for those employees actually performing the work, plus reimbursable expenses if any. Olsson shall not commence work on Optional Additional Services without Client’s prior written approval. Olsson agrees to provide all of its services in a timely, competent, and professional manner, in accordance with applicable standards of care, for projects of similar geographic location, quality and scope. 102 Page 8 of 10 Exhibit A 103 Page 9 of 10 Exhibit B 104 Page 10 of 10 Exhibit C 105 Eff. 01/2023 Page 1 of 1 REIMBURSABLE EXPENSE SCHEDULE The expenses incurred by Olsson or Olsson's independent professional associates or consultants directly or indirectly in connection with the Project shall be included in periodic billing as follows: Classification Cost Automobiles (Personal Vehicle) $0.655/mile* Suburban’s and Pick-Ups $0.75/mile* Automobiles (Olsson Vehicle) $95.00/day Other Travel or Lodging Cost Actual Cost Meals Actual Cost Printing and Duplication including Mylars and Linens In-House Actual Cost Outside Actual Cost+10% Postage & Shipping Charges for Project Related Materials including Express Mail and Special Delivery Actual Cost Film and Photo Developing Actual Cost+10% Telephone and Fax Transmissions Actual Cost+10% Miscellaneous Materials & Supplies Applicable to this Project Actual Cost+10% Copies of Deeds, Easements or other Project Related Documents Actual Cost+10% Fees for Applications or Permits Actual Cost+10% Sub-Consultants Actual Cost+10% Taxes Levied on Services and Reimbursable Expenses Actual Cost *Rates consistent with the IRS Mileage Rate Reimbursement Guidelines (Subject to Change). 106 Classification Billing Rate Regional / Practice Leader 376.00$ Office Leader / Sr Project Manager 289.00$ Senior Project Manager 289.00$ Client Relationship Manager / Industry Expert 289.00$ Team Leader 249.00$ Technical Leader 211.00$ Senior Engineer 212.00$ Project Engineer 175.00$ Associate Engineer 149.00$ Assistant Engineer 126.00$ Senior Scientist 191.00$ Project Scientist 147.00$ Associate Scientist 123.00$ Assistant Scientist 100.00$ Senior Planner 193.00$ Project Planner 147.00$ Associate Planner 124.00$ Assistant Planner 102.00$ Senior Landscape Architect 191.00$ Project Landscape Architect 152.00$ Associate Landscape Architect 128.00$ Assistant Landscape Designer 105.00$ GIS Specialist 152.00$ Systems Specialist 151.00$ Senior Architect 198.00$ Project Architect 159.00$ Associate Architect 131.00$ Assistant Architect 109.00$ Design Manager / Technical Manager 175.00$ Design Associate 140.00$ Senior Technician 114.00$ Associate Technician 96.00$ Assistant Technician 84.00$ Commissioning Technical Manager / Manager 242.00$ Commissioning Agent 212.00$ Commissioning Senior Technician 180.00$ Commissioning AssociateTechnician 154.00$ Commissioning Assistant Technician 128.00$ Stormwater Compliance Senior Specialist / Leader 196.00$ Stormwater Compliance Specialist / Sr Coordinator 151.00$ Stormwater Compliance Coordinator 119.00$ Stormwater Compliance Assistant 93.00$ Olsson 2023 Billing Rate Schedule Eff. 01/27/2023 Olsson 2023 Billing Rate Schedule 1 of 2 107 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7078 File ID: Type: Status: 2023-7078 Agenda Item Consent Agenda 1Version: Reference: In Control: City Secretary 08/24/2023File Created: Final Action: SPAN Contact RenewalFile Name: Title: Consider approval of an Interlocal Agreement renewal between the City of Coppell and SPAN, Inc., for the provision of transit services for older persons, persons with disabilities, veterans, and the general public; as provided for by the CARES Act funding as dispensed through SPAN, Inc., authorizing the Mayor to sign and the City Manager to execute any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, FY24 Agreement.pdf, SPAN Report.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7078 Title Consider approval of an Interlocal Agreement renewal between the City of Coppell and SPAN, Inc., for the provision of transit services for older persons, persons with disabilities, veterans, and the general public; as provided for by the CARES Act funding as dispensed through SPAN, Inc., authorizing the Mayor to sign and the City Manager to execute any necessary documents. Summary Fiscal Impact: Funding for the service is provided by the CARES Act as dispensed through SPAN, Inc. through 2023 and then subsidized at $20.24 per rider for an annual cost of $16,000. Staff Recommendation: Page 1City of Coppell, Texas Printed on 9/8/2023 108 Master Continued (2023-7078) Approval is recommended. Strategic Pillar Icon: Foster an Inclusive Community Fabric Page 2City of Coppell, Texas Printed on 9/8/2023 109 1 MEMORANDUM To: Mayor and City Council From: Christel Pettinos, Chief of Staff Date: September 12, 2023 Reference: Consider approval of an interlocal agreement renewal between the City of Coppell and SPAN, Inc., for the provision of transit services for older persons, persons with disabilities, veterans, and the general public; as provided for by the CARES Act funding as dispensed through SPAN, Inc., authorizing the Mayor to sign and the City Manager to execute any necessary documents. Introduction: This is the annual contract renewal between the City of Coppell and SPAN, Inc. for residential and paratransit services. Background: The City of Coppell initially entered into an agreement for service with SPAN, Inc. in 2016. SPAN manages the application process and provides subsidized transportation services to eligible Coppell residents and caretakers for doctor appointments, daily errands, and other approved locations within the designated service area. Benefit to the Community: Funding for the service through 2023 is being provided by the CARES Act as dispensed through SPAN, Inc. Once the funding has been depleted, Coppell’s rate will be $20.24 per rider, subsidizing the cost for the resident at $3.00 each way. This service is secondary to, and not in lieu of, or as a substitution for transportation services available through or funded by Medicare and/or Medicaid, or any other insurance program or provider. The estimated trip count for January 1-September 30, 2024, is 88 with an annual contribution of $16,000 by the City. SPAN will notify and work with the City if demand is higher than projected and amend the contribution amount if agreed to by both parties. 110 2 Legal: The City Attorney has reviewed the contract. Recommendation: Staff recommends approval of this item. 111 INTERLOCAL AGREEMENT FOR SERVICES Page 1 of 11 STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL AGREEMENT FOR SERVICES THIS SERVICE AGREEMENT ("Agreement") is entered into by and between Coppell, Texas ("CITY"), acting by and through its duly authorized designee and Span, Inc., ("SPAN”), a Texas non-profit corporation operating in Denton County, Texas as an organization described in Section 501(c)(3) of the Internal Revenue Code, acting by and through its duly authorized Executive Director. The CITY or SPAN may hereinafter be referred to individually as a “Party” or collectively as “Parties.” RECITALS: WHEREAS, SPAN enables people to live as fully and independently as possible by providing nutrition, transportation and social services to older persons, persons with disabilities, veterans, and the general public; and WHEREAS, the success of or failure of the SPAN's purposes and goals has a relation to the health and welfare of the citizens of the CITY; and WHEREAS, the CITY is charged with the responsibility of promoting and preserving the health, safety, peace, good government, and welfare of its citizens; and WHEREAS, the CITY recognizes that it needs transportation alternatives for its elderly, and disabled citizens to seek routine medical care and to deal with daily routine matters, and the CITY desires to assist and provide public transportation to said citizens; and WHEREAS, CITY desires to engage SPAN as an independent contractor, and not as a joint venture, partnership, or employee, to provide the transportation services described herein; and WHEREAS, SPAN is authorized as a non-profit corporation, authorized under the Texas Transportation Code to provide this type of transportation to municipalities found in whole or in part within Denton County, Texas; and WHEREAS, SPAN desires to provide transportability services for CITY on the terms and conditions set forth in this Agreement. 112 INTERLOCAL AGREEMENT FOR SERVICES Page 2 of 11 NOW THEREFORE, in exchange for the mutual covenants set forth herein, and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows: Article I Term 1.01. This Agreement shall commence on October 1, 2023 ("Effective Date") and continue until September 30, 2024. 1.02. Either Party may terminate this Agreement by giving thirty (30) days prior written notice to the other Party, subject to federal requirements related to public transportation. Article II Service 2.01. In accordance with this Agreement, SPAN shall provide door-to-door demand response transit services to the CITY’s residents who are sixty (60) years of age or older and persons with documented disabilities, or sixty-five (65) years or older and persons with documented disabilities when 5310 funds are used in support of this Agreement ("Riders"). 2.02. Riders shall be picked up within service area and taken anywhere in the SPAN/CITY transit service destination area shown on Exhibit "A" hereto (“Service Area”), at a cost to the Riders of Three Dollars ($3.00). The Riders shall remit the total fare recited in this section at or prior to the time the service is rendered. SPAN Transportation policy and procedures are attached hereto and incorporated herein as Exhibit "B" ("the Policy"). 2.03. Situations may arise when Riders call and request service that is not identified as a part of the Service Area. SPAN may make a request to the CITY’s appointed representative to accommodate the Rider by temporarily transporting outside of the Service Area. The Service Area may be more permanently amended at the request of either Party, if both Parties mutually agree to such amendment of Exhibit A in writing. 2.04. Riders may call at least one (1) day in advance, but no more than two (2) weeks in advance, to set up appointments for pick-up and drop-off. Riders may schedule a ride by calling SPAN'S Transportation Office at 940-382-1900, weekdays between the hours of 8:00 a.m. and 2:00 p.m.: 2.05. Demand response transit service is available between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, excluding Saturday, Sunday, major holidays, and subject to capacity constraints and availability. 113 INTERLOCAL AGREEMENT FOR SERVICES Page 3 of 11 Article III Schedule of Work 3.01. SPAN shall provide all equipment, facilities, qualified employees, training, and insurance necessary to establish a demand response transit service for the Riders. SPAN shall further establish, operate, and maintain an accounting system for this program that will allow for tracking of services provided to Riders and a review of the financial status of the program. SPAN shall also track and break down the information regarding the number of one-way trips it provides to Riders. 3.02. SPAN will be responsible for verifying and documenting the eligibility of Riders. SPAN reserves the right to determine on an individual basis whether SPAN has the capability to safely transport a Rider, based on the information provided. If SPAN determines that a Rider cannot safely be transported, SPAN shall decline transportation and shall provide documentation as to the reason why service was declined. 3.03. The CITY shall have the right to review the activities and financial records kept incident to the services provided to the Riders by SPAN under this Agreement. In addition, SPAN shall provide monthly ridership information to the CITY-appointed designee specifically identifying the number of Rider trips including rider origination, destination, and purpose. 3.04. SPAN will inform riders that their trips to the doctor or dentist’s office, drug store, or other location may qualify as a Medicaid eligible trip. SPAN will direct potential Medicaid-eligible riders to call Texas Health and Human Services to schedule free transportation through Medicaid by calling toll free 1-877-633-8747 (TTY: 1-800- 735-2989) or 1-877-MED-TRIP, Monday through Friday between 8:00 a.m. and 5:00 p.m., at least two days before their appointment or trip. 3.05. The services provided under this Agreement may be, in part, eligible for reimbursement from the Community Development Block Grant (CDBG) program. SPAN shall comply with all necessary requirements of the CDBG program as set forth in Exhibit “C.” The CITY shall assume all responsibility for CDBG submittals and required reporting unless otherwise requested in writing to and agreed to by SPAN. SPAN shall provide all information necessary for the CITY to comply with CDBG requirements. Article IV Compensation and Method of Payment 4.01 SPAN received CARES Act federal funding for transportation operations expenses, which allows for 100% reimbursement from the federal government for operations expenses without the need for local funding match from the CITY as long as these funds are available (the funds are expected to be fully depleted by 1Q24). SPAN’s 114 INTERLOCAL AGREEMENT FOR SERVICES Page 4 of 11 demand response transportation will be provided to the TOWN without fee until CARES Act funding is expended. 4.02. After CARES Act funding has been depleted, the TOWN agrees to pay a reasonable fee for service of $20.24 per trip. The projected trip count for January 1, 2024 – September 30, 2024, is Eighty-Eight (88) with an annual FY 2024 CITY contribution of $16,000. Riders shall pay SPAN a price per one-way trip of Three Dollars ($3.00), to be collected by SPAN at the time of such trip. 4.03. The Fee is based on an average of approximately Eighty-Eight (88) one-way trips per month. If fewer than Eighty-Eight (88) one-way trips are used in any given month, the accrued trips shall continue to roll forward monthly until the end of this Agreement. 4.04. SPAN will notify and work with CITY if demand is higher than projected and amend the contribution amount if agreed to by both parties of the AGREEMENT. 4.05. It is further understood and agreed that the service provided hereunder shall be secondary to and not in lieu of or as a substitute for transportation services available through or funded by Medicare and/or Medicaid or any other program, insurance, or provider. 4.06. If an otherwise eligible Rider contacts SPAN for service and the Rider’s trip does not qualify for payment by the CITY under this Agreement and/or there are no remaining trips or funding available under this Agreement for such trip, SPAN may offer its service to such Rider in the Service Area at the total cost of Twenty Dollars and Twenty-Four Cents ($20.24) per one-way trip, which is to be collected by SPAN at the time of such trip. Article V Devotion of Time, Personnel, and Equipment 5.01. SPAN shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. Should CITY require additional services not included under this Agreement, SPAN shall make reasonable effort to provide such additional services within the time schedule without decreasing the 115 INTERLOCAL AGREEMENT FOR SERVICES Page 5 of 11 effectiveness of the performance of services required under this Agreement and shall be compensated for such additional services on a time and materials basis, in accordance with SPAN' s standard hourly rate schedule, or as otherwise agreed between the Parties. 5.02. To the extent reasonably necessary for SPAN to perform the services under this Agreement, SPAN shall be authorized to engage the services of any agents, assistants, persons, or corporations that SPAN may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be included as part of the total compensation to be paid SPAN hereunder and shall not otherwise be reimbursed by CITY unless otherwise agreed to in writing. 5.03. The CITY shall not be required to furnish any facilities, equipment, or personnel necessary to perform the services required under this Agreement unless otherwise provided herein. The Services provided under this Agreement are based on availability. 5.04 SPAN reserves the right to suspend or terminate Riders who violate SPAN’s policies and procedures. Article VI Miscellaneous 6.01. Entire Agreement. This Agreement constitutes the sole and only agreement between the Parties and supersedes any prior understandings written or oral agreements between the Parties with respect to this subject matter. 6.02. Assignment. Neither Party may assign this Agreement without the prior written consent of the other Party. 6.03. Successor and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. 6.04. Mediation. In the event of any dispute regarding this Agreement or the terms contained herein, the Parties hereto agree that they shall submit such dispute to non- binding mediation, prior to any litigation being filed. 6.05. Governing Law. The laws of the State of Texas shall govern this Agreement without regard to any conflict of law rules; and venue for any action concerning this Agreement shall be in Denton County, Texas or the Federal courts having jurisdiction over claims arising in Denton County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 116 INTERLOCAL AGREEMENT FOR SERVICES Page 6 of 11 6.06. Amendments. This Agreement may be amended by the mutual written agreement of the Parties. 6.07. Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 6.08. Independent Contractor. It is understood and agreed by and between the Parties that SPAN, in satisfying the conditions of this Agreement, is acting independently. All services to be performed by SPAN pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of CITY. SPAN shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. Nothing contained herein shall constitute or provide for as a waiver of the CITY’s immunity under state or federal law. 6.09. Notice. Any notice required or permitted to be delivered hereunder may be sent by electronic mail, first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for CITY: Michael Land Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019 972-304-3673 – facsimile With a copy to: Robert E. Hager Nichols, Jackson, Dillard, Hager & Smith, LLP 1800 Ross Tower 500 N. Akard Street Dallas, Texas 75201 214-965-0010 - facsimile If intended for SPAN: Michelle McMahon Executive Director Span, Inc. 117 INTERLOCAL AGREEMENT FOR SERVICES Page 7 of 11 1800 Malone Street Denton, Texas 76201 940-382-2224 - Office 6.10. Insurance. (a) SPAN shall during the term hereof maintain in full force and effect the following insurance: (1) a comprehensive commercial general liability policy of insurance for bodily injury, death, and property damage insuring against all claims, demands, or actions relating to SPAN' s performance of services pursuant to this Agreement with a minimum combined single limit of not less than $1,000,000.00 per occurrence for injury to persons (including death), and for property damage with an aggregate of $2,000,000.00. (2) policy of automobile liability insurance covering any vehicles owned and/or operated by SPAN, its officers, agents, and employees, and used in the performance of this Agreement with policy limits of not less than $5,000,000.00 combined single limit and aggregate for bodily injury and property damage. (3) statutory Worker's Compensation Insurance at the statutory limits and Employers Liability covering all of SPAN' s employees involved in the provision of services under this Agreement with a policy limit of not less than $500,000.00; and (b) All policies of insurance shall be endorsed and contain the following provisions: (1) provide CITY, its officers, and employees with indemnification under all applicable coverage with the exception of Workers Compensation insurance; (2) provide for at least thirty (30) days prior written notice to CITY for cancellation of the insurance; (3) provide for a waiver of subrogation against CITY for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. SPAN shall provide written notice to CITY of any material change of or to the insurance required herein. (c) All insurance companies providing the required insurance shall be authorized to transact business in Texas. 118 INTERLOCAL AGREEMENT FOR SERVICES Page 8 of 11 (d) A certificate of insurance and copies of the policy endorsements evidencing the required insurance shall be submitted prior to commencement of services and upon request by CITY. 6.11. In performing services under this Agreement, the relationship between the CITY and SPAN is that of an independent contractor. No term or provision of this Agreement or act of SPAN in the performance of this Agreement shall be construed as making SPAN the agent, servant, or employee of the CITY. It is expressly understood that the CITY assumes no operational supervision, control or oversight to the services provided under this Agreement. CITY does not have any ownership or beneficial interest in the business; and does not share any profits or losses generated from the business. 6.12. Indemnification. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF SPAN PURSUANT TO THIS AGREEMENT. SPAN HEREBY WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS "CITY") FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY OR BREACH OF CITY’S OBLIGATIONS HEREUNDER. SPAN AGREES TO INDEMNIFY AND SAVE HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS' FEES AND COSTS OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY SPAN'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF SPAN, ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO NEGLIGENCE OF CITY, IN WHOLE OR IN PART, IN WHICH CASE SPAN SHALL INDEMNIFY CITY ONLY TO THE EXTENT OR PROPORTION OF NEGLIGENCE ATTRIBUTED TO SPAN AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT JURISDICTION). SPAN'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY SPAN UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 6.13. Confidentiality Clause. Subject to the requirements of the Texas Public Information Act or as required by Court order, both Parties agree to endeavor to take all reasonable measures to keep in confidence the confidential data and information of any Party that another Party may know or access during performance of this Agreement 119 INTERLOCAL AGREEMENT FOR SERVICES Page 9 of 11 (“Confidential Information”), and shall not disclose, make available or assign such Confidential Information to any third Party without the prior written consent of the Party providing the information except as required by the Texas Public Information Act or Court order 6.14. Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all the Parties hereto. 6.15. Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 6.16. Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. [Signature Page to Follow] 120 INTERLOCAL AGREEMENT FOR SERVICES Page 10 of 11 EXECUTED this ______ day of ___________________,2023 COPPELL, TEXAS By: _________________________________ Wes Mays, Mayor ATTEST: By: _________________________________ Ashley Owens, City Secretary Approved as to form By: _________________________________ Robert Hager, City Attorney EXECUTED this ______ day of ___________________,2022 SPAN, INC By: _________________________________ Michelle McMahon, Executive Director 121 INTERLOCAL AGREEMENT FOR SERVICES Page 11 of 11 EXHIBIT A SERVICE AREA 122 INTERLOCAL AGREEMENT FOR SERVICES Page 12 of 11 EXHIBIT B TRANSPORTATION POLICIES AND PROCEDURES Attached as a separate document, which may be amended from time to time. 123 City of Coppell Fiscal Year 2024 September 12, 2023 124 Who We Are Span, Inc. is a nonprofit established in 1974 that enables people in Dent on County to live as fully and independently as possible by providing nutrit ion and transportat ion to seniors, people with disabilit ies, veterans, and other members of the public. 125 Passenger Fare: $3.00 one-way fare Span Transportation is a demand response (scheduled) program that provides shared ride services to Denton County residents. 126 Approved Trip Purposes: Medical Shopping for necessities Public Libraries Seniors Program Employment Education Nutrition Recreation Workshop 127 Transportation Front Line DRIVERS: •Trained, Credentialed, and Safe •Represented on the SPAN Safety Committee •See Something/Say Something Culture (See the Big Picture) DISPATCH: •Client Reservations •Customer Service •Driver Liaison / Constant Communication •Quality Assurance SCHEDULING: •Computer Assisted Scheduling •Ensure Service Quality •Maximize Rider Access to Trips 128 •Over Thirty Vehicles (30) •Professional Preventative and Running Repair Maintenance •Vehicles Maintained in State of Good Repair (SGR) •Audited by TxDOT, NCTCOG, and DPS •Eight (8) new Mini-Buses Delivered in August •Fully Accessible Fleet •All Vehicles Stored and Maintained at Secure Centralized Facility Span Fleet 129 Coppell Riders and Trips October 2022 –July 2023 Unduplicated Riders First 10 Months: 17 Trips Performed First Ten Months: 565 Full FY 2023 Trip Estimate: 678 Monthly Trip Average: 56.5 Confirmed Trip Purpose Use Rate: Medical 41.06%Life Skills 21.77% Employment 2.83%Education 20.18% Shopping 3%Other 14.16% 130 Trip Purposes October 2022 –July 2023 Employment, 2.83% Education, 20.18% Medical, 41.06% Life Skills, 21.77% Other (Shopping, Nutrition, Recreational, 14.16% Coppell Trip Purposes Employment Education Medical Life Skills Other (Shopping, Nutrition, Recreational 131 •In FY 2022, SPAN provided 356 transportation trips to Coppell residents and has performed 565 trips the first 10 months of FY 2023. •CARES Act Funding will be fully expensed soon after December 31, 2023. •Annual 2024 Local Trip Budget: $16,000. •Trips Supported per Month: 88 (1,056 Annually). •9 month non-CARES Act Service locally subsidized: 792 Trips •Local Rate Per Trip is $20.24. City Subsidy 132 Thank You! 133 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7062 File ID: Type: Status: 2023-7062 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 08/15/2023File Created: Final Action: DC AgreementFile Name: Title: Consider approval of an agreement between the City of Coppell and the Coppell Chamber of Commerce for the 2023-2024 Discover Coppell Marketing Campaign utilizing hotel occupancy tax proceeds as provided by the Hotel Occupancy Tax Special Revenue Fund; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Agreement.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7062 Title Consider approval of an agreement between the City of Coppell and the Coppell Chamber of Commerce for the 2023-2024 Discover Coppell Marketing Campaign utilizing hotel occupancy tax proceeds as provided by the Hotel Occupancy Tax Special Revenue Fund; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this agenda item is $358,144 as provided by the Hotel Occupancy Tax (HOT) fund. Staff Recommendation: [Enter Staff Recommendation Here] Strategic Pillar Icon: Page 1City of Coppell, Texas Printed on 9/8/2023 134 Master Continued (2023-7062) Perpetuate a Learning Environment Foster an Inclusive Community Fabric Enhance the Unique 'Community Oasis' Experience Future Oriented Approach to Residential Development Create Business and Innovation Nodes Implement Innovative Transportation Networks Apply 'Smart City' Approach to Resource Management Sustainable Government Page 2City of Coppell, Texas Printed on 9/8/2023 135 1 MEMORANDUM To: Mayor and City Council From: Mike Land, City Manager Date: September 12, 2023 Reference: Consider approval of an agreement between the City of Coppell and the Coppell Chamber of Commerce for the 2023-2024 Discover Coppell Marketing Campaign utilizing hotel occupancy tax proceeds as provided by the Hotel Occupancy Tax Special Revenue Fund; and authorizing the City Manager to sign any necessary documents. 2040: Sustainable City Government Introduction Per the Chamber of Commerce’s presentation on July 11, 2023, and the City Council’s feedback, the following contract is presented for consideration. The contract period is October 1, 2023, through September 30, 2024. The goals and objectives of the Discover Coppell marketing efforts are: • Increase awareness of Coppell among potential travelers and day trippers* as a destination for events, entertainment, and adventure. • Increase overnight hotel occupancy in Coppell from travelers visiting the DFW Metroplex. • Positively impact the Coppell economy through conventions meetings, sports, and entertainment travel. • Ensure positive experiences in Coppell for professional conferences and current sports tournaments. • Increase visibility of Coppell as a destination for conventions, meeting, and entertainment travel. • Assist Coppell tourism partners, hotels, restaurants, retail, and entertainment with developing and improving their marketing and operations. • Increase resident knowledge and pride in the Coppell tourism and adventure industry. 136 2 The specifics of the proposed services to be provided per the proposal are as follows: All the services provided by the Contractor pursuant to this Agreement shall be in conformity with the purposes for which the Hotel Occupancy Tax (HOT) revenues may be expended as provided for in the hotel occupancy tax laws as provided in the laws of the State of Texas. The Chamber agrees to provide professional services to the City through advertising and promotion of visitor and convention traffic to the Coppell area, and to assist in creating conditions designed to encourage them to return on other visits and for meetings. Specific Contractor services shall include one or more of the following: • Via the operations of the Coppell Chamber of Commerce, develop and distribute promotional material to solicit visitors and conventioneers, and to better inform visitors and conventioneers of local attractions when they arrive. • Creation and distribution of videos, film clips, social media content and photographs, to be used for publicity. • Solicitation of publishers, film and television producers, editors, writers, media personalities, travel agents, tour producers, executives of associations and other convention and group meeting prospects for the purpose of enticing them to advertise, publicize and encourage group movements to Coppell, and with the City, providing transportation for such people on familiarization trips so that they may analyze the City’s visitor and convention assets. • Development and execution of an earned media strategy for key markets that provide visitors and conventions to Coppell (in addition to the local market). • Development and distribution of promotional advertising in industry trade publications, including data to show return of investment. • Compiling and analyzing data information on visitors and convention business in Coppell and comparable information on other locales. • Aggressively include in the fulfillment of its foregoing obligations, promotion and marketing of City-owned and sponsored facilities including but not limited to the Coppell Arts Center, Coppell Old Town, DFW International Airport, Coppell Historic District, Coppell Library, Coppell hotels, restaurants, retailers, all the city parks and recreational facilities. Contractor shall measure and track return on investment (“ROI”) data for its promotion and marketing efforts required by this Agreement. • Measure the effectiveness of advertisements, placements, events, and other strategies. • Develop and measure the growth of social media to attract conventions and visitors to Coppell. 137 3 • Continue to update and maintain the Strategic Plan which includes future goals for Visit Coppell including measurable outcomes. • Support tourism opportunities. • Other appropriate actions deemed to further the intent of this Agreement. • Provide photography as needed. • Provide videography as needed. • Contract employee/company to be hired that will manage sales and tracking for Discover Coppell. Budget, Financial Reporting, Accounting, Audit. The annual budget for these services shall be subject to approval by the Coppell City Council in advance. The approval by the City Council of the annual budget for these services creates a fiduciary duty in The Chamber with respect to the revenue provided under this Agreement. The Chamber shall submit financial reports to the City Council for each fiscal year quarter, within 20 days of the end of that quarter, listing the expenditures made by Contractor with revenue provided by the City under this Agreement. Contractor must maintain revenue provided under this Agreement in a separate account established for that purpose and may not commingle that revenue with any other money. Expenditures must be recorded according to the budget approved by the City. Accounting records must conform to the accounting standards as promulgated by the American Institute of Certified Public Accountants and to the requirements of applicable state law to include a statement of support, revenues and expenses, and balance sheets for all funds. Interest earned on payments made by the City must be clearly identified, credited, and reflected on the books as resulting from such investment of such funds and the same shall be available for Contractor use within the separate fund account. The Chamber also shall provide an independent audit for such expenditures for each year to the City no later than December 15, 2024, based on a fiscal year ending September 30, 2024. Performance Reporting. In addition to financial reports, The Chamber shall also furnish to the City a performance report of The Chamber’s services activities under this Agreement in a form determined by City, and which shall reflect overall activity, identify amounts of advertising, contracts placed, number of personnel employed and their general duties, and copies of marketing items produced as well as a description of direct mailings, and similar information. 138 4 This report is to be submitted to the City Manager’s Designee 20 days from the end of each quarter: Jan. 20, April 20, July 20, and Oct. 20. Fiscal Impact The fiscal impact of this agenda item is $358,144 as provided by the Hotel Occupancy Tax (HOT) fund. Legal The proposed contract has been reviewed by the City Attorney. Recommendation Staff recommends approval. 139 Page 1 HOTEL OCCUPANCY TAX FUNDING AGREEMENT CITY OF COPPELL AND THE COPPELL CHAMBER OF COMMERCE 4868-7480-8441, v. 2 STATE OF TEXAS COUNTY OF DALLAS § § § HOTEL OCCUPANCY TAX FUNDING AGREEMENT This Agreement (the “Agreement”) is made by and between the City of Coppell, Texas (the “City”), and the Coppell Chamber of Commerce, a Texas non-profit corporation (the “Applicant”) (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives. RECITALS: WHEREAS, the City is authorized by Chapter 351 of the Texas Tax Code to levy a hotel occupancy tax to be used to directly enhance and promote tourism and the convention and hotel industry; and WHEREAS, the City has, by ordinance, imposed a local hotel occupancy tax; and WHEREAS, the Applicant has launched a strategic promotional campaign, commonly known as Discover Coppell, to promote tourism to the City, as more particularly described in Exhibit “A”, attached hereto and incorporated herein (the “Campaign”); and WHEREAS, the City Council finds that an expenditure of local hotel occupancy tax for the Applicant as set forth herein, will directly enhance and promote tourism and, the convention and hotel industry in the City or its vicinity, and further finds that the expenditures are for one or more of the statutorily authorized categories; NOW THEREFORE, in consideration of the premises and mutual agreements contained herein, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE I GRANT 1.1 Subject to availability of funds during the City’s fiscal year 2023-2024, the City agrees to provide the Applicant a hotel occupancy tax grant (the “Grant”) in not to exceed THREE HUNDRED FIFTY- EIGHT THOUSAND ONE HUNDRED FORTY-FOUR AND 00/100 DOLLARS ($358,144.00), to be provided to compensate for expenses associated with Applicant’s promotional programs to attract tourists to the City via the Campaign. The Grant shall be payable in two (2) equal installments as follows: A. City agrees to provide an initial sum of an amount not to exceed ONE HUNDRED SEVENTY- NINE THOUSAND SEVENTY-TWO AND 00/100 DOLLARS ($179,072.00), or one-half of the Grant, on or about October 1, 2023. Prior to receipt of the installment of the Grant, Applicant shall submit to the City Manager, or designee, satisfactory proof that the Applicant has or will incur cost or eligible expenses in accordance with the terms of this Agreement and state law; and B. City agrees to provide the remaining sum of an amount not to exceed ONE HUNDRED SEVENTY-NINE THOUSAND SEVENTY-TWO AND 00/100 DOLLARS ($179,072.00), or one-half of the Grant, on or about April 1, 2024. Prior to receipt of the installment of the Grant, Applicant shall submit to the City Manager, or designee, satisfactory proof that the Applicant has incurred cost or eligible expenses in accordance with the terms of this Agreement and state law. 1.2 As a condition of providing the Grant or any part thereof, (i) the Budget (as hereinafter defined) must be approved by the City and (ii) the Applicant shall furnish the City with documents, records and any other information reasonably requested by City to substantiate the eligibility of expenses to be paid 140 Page 2 HOTEL OCCUPANCY TAX FUNDING AGREEMENT CITY OF COPPELL AND THE COPPELL CHAMBER OF COMMERCE 4868-7480-8441, v. 2 with the Grant proceeds. Following payment of all or any part of the Grant proceeds to Applicant, Applicant shall provide the City with receipts and other information and documentation reasonably satisfactory to the City to evidence that Applicant has expended the Grant proceeds in accordance with the terms of this Agreement. ARTICLE II CONDITIONS TO GRANT 2.1 Use of Funds. The Applicant shall use the Grant in accordance with Chapter 351 of the Texas Tax Code for (i) cost and expenses associated with eligible activities associated with the Campaign as further described in Exhibit “A”, attached hereto an incorporated herein for all purposes, and (ii) in conformance with the Budget submitted by the Applicant pursuant to Section 2.2 herein. Applicant agrees to utilize the Grant to promote tourism to the City through advertising and promotion via the Campaign. 2.2 Budget. Prior to disbursement of Grant funds, Applicant shall prepare and submit for approval by the City a proposed budget itemizing the use of the Grant funds to be used during the term of this Agreement (the “Budget”). The Budget shall include, at a minimum, a line item budget detailing the use of the Grant funds, the amount of expenditure for each item, and a description of the item to ensure it complies with Chapter 351 of the Texas Tax Code. The City shall have the right to request reasonable modifications to the Budget. 2.3 Accessibility. Applicant shall, within seven (7) days following a written request from the City, grant access to all paper and electronic records, books, documents, accounting procedures, practices or any other items relevant to the performance of this Agreement to City or such other persons or entities designated by City for the purposes of inspecting and auditing such books and records. All records, books, documents, accounting procedures, practices, or any other items relevant to the performance of this Agreement shall be subject to examination or audit by City, or such other persons or entities designated by City in accordance with all applicable state and federal laws, regulations, or directives. 2.4 Performance Report. Applicant shall deliver a performance report to the City within twenty (20) days after the end of each quarter, in a form acceptable and determined by the City, detailing the use of funds under this Agreement for the Campaign which shall include, but not be limited to, advertising and promotional costs, contracts entered, personnel employed, and marketing materials produced and used, as it relates to this Agreement. 2.5 Accounting. A. Applicant shall ensure Grant proceeds are deposited into an individual account designated for funds received pursuant to this Agreement. Applicant shall provide documentation, as the City determines necessary, to the City that the individual account has been created and instructions for deposit. B. Expenditures made related to this Agreement must be recorded in an individual account, according to the Budget. Accounting records must conform to the accounting standards as promulgated by the American Institute of Certified Public Accountants and to the requirements of applicable state law to include a statement of support, revenues and expenses, and balance sheets for all funds. Interest earned on payments made by the City must be clearly identified, credited, and reflected on the books as resulting from such investment of such funds and the same shall be available for Applicant use within the individual fund account. 2.5 Audit. Applicant shall provide an independent audit of Grant funds. Such audit shall be provided to the City no later than December 15, 2024. 141 Page 3 HOTEL OCCUPANCY TAX FUNDING AGREEMENT CITY OF COPPELL AND THE COPPELL CHAMBER OF COMMERCE 4868-7480-8441, v. 2 2.6 Records. Company shall maintain the fiscal records and supporting documentation for expenditures of funds associated with this Agreement. Company shall retain such records, and any supporting documentation for the greater of: A. Five (5) years from the end of the Agreement; or B. The period required by other applicable laws and regulations. ARTICLE III TERM Applicant agrees to complete the project(s) for which the City provided the Grant between the dates of October 1, 2023, and September 30, 2024, and requests for reimbursements as provided herein upon proof of compliance with Section 2. Applicant shall provide the City with receipts, lists of names and addresses of visitor requests, and other information reasonably satisfactory to the City to evidence that Applicant has incurred eligible expenses in accordance with the terms of this Agreement and under state law. All receipts and other information shall be verified and submitted with the request for reimbursement at the time of the satisfaction of the conditions. Any unexpended Grant funds that remain shall not be carried forward to future years and shall be remitted back to the City. ARTICLE IV RECAPTURE 3.1 Recapture. In the event the Applicant breaches any of the terms of this Agreement or fails to use the Grant for the purposes set forth herein, then the Applicant, after expiration of the notice and cure period described herein, shall in be in default of this Agreement. As liquidated damages in the event of such default, the Applicant shall, within thirty (30) days after demand, pay to the City the sum equal to the Grant funds provided to the Applicant with interest at the rate of four percent (4%) per annum or the highest interest rate allowed by law, whichever is lower, from date of receipt of the Grant until paid. The Parties acknowledge that actual damages in the event of default would be speculative and difficult to determine. 3.2 Default. Upon breach by Applicant of any obligations under this Agreement, the City shall notify the Applicant in writing, which shall have thirty (30) days from receipt of the notice in which to cure such default. If Applicant fails to cure the default within the time provided herein, or, as such time period may be extended, then the City, at its sole option, shall have the right to terminate this Agreement without further notice to the Applicant and demand repayment of the Grant funds plus interest as provided above. ARTICLE V INDEMNIFICATION THE APPLICANT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY, CITY COUNCIL, ITS OFFICERS, AGENTS AND EMPLOYEES, AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, CAUSE OF ACTION, COSTS AND EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, THAT MAY ARISE OUT OF OR BE OCCASIONED BY THE APPLICANT’S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT, OR BY ANY NEGLIGENT ACT OR OMISSION OF THE APPLICANT, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS, IN THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH THE APPLICANT AND THE CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON 142 Page 4 HOTEL OCCUPANCY TAX FUNDING AGREEMENT CITY OF COPPELL AND THE COPPELL CHAMBER OF COMMERCE 4868-7480-8441, v. 2 OR ENTITY. BOTH PARTIES EXPRESSLY AGREE THAT THIS AGREEMENT DOES NOT ASSIGN ANY RESPONSIBILITY FOR CIVIL LIABILITY TO THE CITY THAT MAY ARISE BY VIRTUE OF THIS AGREEMENT. ARTICLE VI MISCELLANEOUS 6.1 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below (or such other address as such party may subsequently designate in writing) or on the day actually received if sent by courier or otherwise hand delivered. If intended for City, to: City of Coppell C/O City Manager 255 Parkway Coppell, Texas 75019 With copy to: Robert E. Hager Nichols | Jackson, L.L.P. 1800 Ross Tower 500 North Akard Dallas, Texas 75201 If intended for Applicant, to: Coppell Chamber of Commerce Attn: Chief Executive Officer 708 W. Main Street Coppell, Texas 75019 6.2 Entire Agreement. This Agreement constitutes the entire agreement of the parties regarding the subject matter contained herein. The parties may not modify or amend this Agreement, except by written agreement approved by the governing bodies of each Party and duly executed by both parties. 6.3 Governing Law. The Agreement shall be governed by the laws of the State of Texas, without giving effect to any conflicts of law rule or principle that might result in the application of the laws of another jurisdiction; and exclusive venue for any action concerning this Agreement shall be in the State District Court of Dallas or Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court 6.4 Amendment. This Agreement may only be amended by the mutual written agreement of the parties. 6.5 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 6.6 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto. 6.7 Assignment. Except as otherwise provided in this Agreement, a Party may not assign this Agreement or subcontract the performance of services without first obtaining the written consent of the other Party. 143 Page 5 HOTEL OCCUPANCY TAX FUNDING AGREEMENT CITY OF COPPELL AND THE COPPELL CHAMBER OF COMMERCE 4868-7480-8441, v. 2 6.8 Non-Waiver. A Party’s failure or delay to exercise right or remedy does not constitute a waiver of the right or remedy. An exercise of a right or remedy under this Agreement does not preclude the exercise of another right or remedy. Rights and remedies under this Agreement are cumulative and are not exclusive of other rights or remedies provided by law. 6.9 Recitals and Exhibits. The exhibits attached hereto and recitals to this Agreement are incorporated herein. 6.10 Paragraph Headings. The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this Agreement or any section thereof. 6.11 Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 6.12 Attorney Fees. In any lawsuit concerning this Agreement, the prevailing Party shall be entitled to recover reasonable attorney’s fees from the nonprevailing Party, plus all out-of-pocket expenses such as deposition costs, telephone calls, travel expenses, expert witness fees, court costs, and their reasonable expenses, unless otherwise prohibited by law. 6.13 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 6.14 Severability. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants or conditions of this Agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants or conditions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. [signatures on following page] 144 Page 6 HOTEL OCCUPANCY TAX FUNDING AGREEMENT CITY OF COPPELL AND THE COPPELL CHAMBER OF COMMERCE 4868-7480-8441, v. 2 EXECUTED this _____ day of _________________, 2023. CITY OF COPPELL, TEXAS By: ______________________________________ Mike Land, City Manager EXECUTED this _____ day of _________________, 2023. COPPELL CHAMBER OF COMMERCE By: Ellie Braxton, Chief Executive Officer 145 EXHIBIT “A” Page 7 HOTEL OCCUPANCY TAX FUNDING AGREEMENT CITY OF COPPELL AND THE COPPELL CHAMBER OF COMMERCE 4868-7480-8441, v. 2 146 EXHIBIT “A” Page 8 HOTEL OCCUPANCY TAX FUNDING AGREEMENT CITY OF COPPELL AND THE COPPELL CHAMBER OF COMMERCE 4868-7480-8441, v. 2 147 EXHIBIT “A” Page 9 HOTEL OCCUPANCY TAX FUNDING AGREEMENT CITY OF COPPELL AND THE COPPELL CHAMBER OF COMMERCE 4868-7480-8441, v. 2 148 EXHIBIT “A” Page 10 HOTEL OCCUPANCY TAX FUNDING AGREEMENT CITY OF COPPELL AND THE COPPELL CHAMBER OF COMMERCE 4868-7480-8441, v. 2 149 EXHIBIT “A” Page 11 HOTEL OCCUPANCY TAX FUNDING AGREEMENT CITY OF COPPELL AND THE COPPELL CHAMBER OF COMMERCE 4868-7480-8441, v. 2 150 EXHIBIT “A” Page 12 HOTEL OCCUPANCY TAX FUNDING AGREEMENT CITY OF COPPELL AND THE COPPELL CHAMBER OF COMMERCE 4868-7480-8441, v. 2 151 EXHIBIT “A” Page 13 HOTEL OCCUPANCY TAX FUNDING AGREEMENT CITY OF COPPELL AND THE COPPELL CHAMBER OF COMMERCE 4868-7480-8441, v. 2 152 EXHIBIT “A” Page 14 HOTEL OCCUPANCY TAX FUNDING AGREEMENT CITY OF COPPELL AND THE COPPELL CHAMBER OF COMMERCE 4868-7480-8441, v. 2 153 EXHIBIT “A” Page 15 HOTEL OCCUPANCY TAX FUNDING AGREEMENT CITY OF COPPELL AND THE COPPELL CHAMBER OF COMMERCE 4868-7480-8441, v. 2 154 EXHIBIT “A” Page 16 HOTEL OCCUPANCY TAX FUNDING AGREEMENT CITY OF COPPELL AND THE COPPELL CHAMBER OF COMMERCE 4868-7480-8441, v. 2 155 EXHIBIT “B” CAMPAIGN ACTIVITIES Page 17 HOTEL OCCUPANCY TAX FUNDING AGREEMENT CITY OF COPPELL AND THE COPPELL CHAMBER OF COMMERCE 4868-7480-8441, v. 2 • Development and distribution of promotional material to solicit visitors and conventioneers, and to better inform visitors and conventioneers of local attractions when they arrive to Coppell. • Creation and distribution of videos, film clips, social media content and photographs, to be used for Campaign publicity. • Solicitation of publishers, film and television producers, editors, writers, media personalities, travel agents, tour producers, executives of associations and other convention and group meeting prospects for the purpose of enticing them to advertise, publicize and encourage group movements to Coppell, and with the City, providing transportation for such people on familiarization trips so that they may analyze the City’s visitor and convention assets. • Development and execution of an earned media strategy for key markets that provide visitors and conventions to Coppell (in addition to the local market). • Development and distribution of promotional advertising in industry trade publications, including data to show return of investment. • Compiling and analyzing data information on visitors and convention business in Coppell and comparable information on other locales, including benchmarking and reporting on increased hotel occupancy in Coppell • Aggressively include in the fulfillment of its foregoing obligations, promotion and marketing of City-owned and sponsored facilities including but not limited to the Coppell Arts Center, Coppell Old Town, DFW International Airport, Coppell Historic District, Coppell Library, Coppell hotels, restaurants, retailers, all the city parks and recreational facilities. Contractor shall measure and track return on investment (“ROI”) data for its promotion and marketing efforts required by this Agreement. • Measure the effectiveness of advertisements, placements, events, and other strategies. Determine, produce and report on ROI for the campaign. • Develop and measure the growth of social media to attract conventions and visitors to Coppell. • Continue to update and maintain the Strategic Plan which includes future goals for Visit Coppell including measurable outcomes. • Support tourism opportunities. • Other appropriate actions deemed to further the intent of this Agreement and approved by the City via the Budget. • Photography and Videography for the Campaign, as needed. • Employee/contractor to be hired and solely dedicated to managing the Campaign, including sales and tracking the success of the campaign. 156 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7083 File ID: Type: Status: 2023-7083 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 08/31/2023File Created: Final Action: Workforce Transit - DCTA ILAFile Name: Title: Consider approval of the Fourth Amended and Restated Interlocal Cooperation Agreement by and between the City of Coppell and Denton County Transportation Authority to provide transportation services for Coppell businesses; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Interlocal Agreement.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7083 Title Consider approval of the Fourth Amended and Restated Interlocal Cooperation Agreement by and between the City of Coppell and Denton County Transportation Authority to provide transportation services for Coppell businesses; and authorizing the Mayor to sign. Summary This contract allows the city to extend the current workforce transit test program by one year for data collection. All services and contract details remain the same. Fiscal Impact: The fiscal impact of this item is $50,000, as provided for in the General Fund budget. Staff Recommendation: Staff recommends approval. Page 1City of Coppell, Texas Printed on 9/8/2023 157 Master Continued (2023-7083) Strategic Pillar Icon: Create Business and Innovation Nodes Page 2City of Coppell, Texas Printed on 9/8/2023 158 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: September 12, 2023 Reference: Consider approval of the Fourth Amended and Restated Interlocal Agreement by and between the City of Coppell and Denton County Transportation Authority to provide transportation services for Coppell businesses; and authorizing the Mayor to sign. 2040: Create Business and Innovation Nodes Introduction: In partnership with Denton County Transportation Authority (DCTA) and Lyft, the City of Coppell started a workforce transit test program for Coppell businesses on October 1, 2019. The one-year program was established to study trends and gauge the need for a long-term solution to workforce transit in Coppell. The program started slowly as staff was trying to get the word out to all Coppell businesses, but the hope was that it would grow each month as more businesses and individuals learned about the program. The program was beginning to gain momentum in December of 2019 and steadily increased through March of 2020 when COVID-19 hit. City Council has since approved a one-year extension to the contract with DCTA two times. The current ILA will expire on September 30, 2023. Ridership continues to hold steady and is being utilized by a larger number of companies. The service is being utilized seven days a week across different shift times throughout the day. Riders were concentrated on the west side of town when the program began, but we now have individuals using it to get to work on the east side of town. There are also Coppell residents that are relying on this service for access to work at business locations in Coppell. Coppell currently has 17 businesses that have signed up and/or have employees that utilize the Workforce Transit program. On average, there are approximately 150 - 200 rides per month, and there is typically anywhere from 15 – 20 unique riders each month. Ridership is still heavily concentrated on the west side of town, but the number of riders on the east side of town is growing. Staff worked with DCTA to create unique ridership codes for each participating business, but some riders are still utilizing the original code, which makes it difficult to identify the exact number of riders per business. Staff will continue to work on having riders switch to the unique code for their business. Staff did an 159 2 extensive marketing push for the program this past year to reach new and existing businesses that are not currently utilizing the program, and efforts to market the program to businesses will continue this coming fiscal year. Staff believes that the utilization of a first-mile, last-mile connection will increase after the DART Silver Line is open and operating. Exploring other options for service such as fixed route service might become more viable at that time, but until then, staff believes this is the best option for the first- mile, last-mile connection. Staff is requesting to extend the ILA with DCTA to continue the program an additional year to continue analyzing ridership trends and data in hopes that utilization will grow even larger as employees continue to return to the office after COVID-19. Analysis: Lyft will continue providing all mobility services, and DCTA will administer the contract and provide all administrative and operational services associated with the program. The City of Coppell will make monthly payments to DCTA for reimbursement of all costs associated with services provided by Lyft and the monthly administrative fee. Partnering with Lyft for the mobility service provides the greatest amount of flexibility for this program. Everything about the program will remain the same. Lyft will continue to pick up from the six designated transit stops, which include the DART Trinity Mills Station, the DCTA Hebron Station, the DART Belt Line Station, the DART Bus stop at Saintsbury and Belt Line, the DART Bus Stop at Regent and Royal and the Trinity Metro TEXRail stop at the Grapevine-Main Street station. Lyft will transport passengers to the businesses located within the City of Coppell. The proposed budget for the program is $50,000 for FY 23 - 24. Staff has consistently received feedback from the businesses that this program has provided great benefits, and the hope is that this upcoming year will provide even greater benefit as the ridership grows. Staff will continue to monitor the data on ridership so that an analysis can be provided on the long-term needs for workforce transit in Coppell. Legal Review: N/A Fiscal Impact: The fiscal impact of this item is $50,000, as provided for in the General Fund budget. Recommendation: Staff recommends approval. 160 Page 1 DCTA and City of Coppell Fourth Amended and Restated Interlocal Cooperation Agreement STATE OF TEXAS § § FOURTH AMENDED AND RESTATED § INTERLOCAL COOPERATION § AGREEMENT COUNTY OF DENTON § This Fourth Amended and Restated Interlocal Cooperation Agreement (“Agreement”) is made by and between Denton County Transportation Authority (“DCTA”) and the City of Coppell, Texas (“Coppell”), (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives. RECITALS WHEREAS, Coppell is a home-rule municipality and local governmental entity located within the State of Texas and in the counties of Dallas and Denton; and WHEREAS, DCTA is a coordinated county transportation authority created under Chapter 460 of the Texas Transportation Code; and WHEREAS, the Parties have agreed on the terms and conditions for DCTA to deploy first/last mile workforce mobility solutions within the city limits of Coppell and between transit stations located outside of the city limits, as set forth in Section 3.1(b) of this Agreement, through use of a mobility provider; and WHEREAS, the Parties previously entered into that certain Interlocal Cooperation Agreement dated September 24, 2019, for purposes of providing transportation services to meet the mobility needs of Coppell businesses and residents (the "Original Agreement"); WHEREAS, the Parties previously entered that certain First Amended and Restated Interlocal Cooperation Agreement on September 30, 2020, extending the Term of the Agreement for one (1) year, beginning October 1, 2020 and continuing through September 30, 2021; and WHEREAS, the Parties previously entered that certain Second Amended and Restated Interlocal Cooperation Agreement on October 7, 2021, extending the Term of the Agreement for one (1) year, beginning October 1, 2021 and continuing through September 30, 2022; and WHEREAS, the Parties previously entered that certain Third Amended and Restated Interlocal Cooperation Agreement on September 27, 2022, extending the Term of the Agreement for one (1) year, beginning October 1, 2022 and continuing through September 30, 2023; and WHEREAS, due to the success of the program, the Parties desire to enter into this Fourth Amended and Restated Interlocal Cooperation Agreement to extend the Term of the Agreement for one (1) year, beginning October 1, 2023 and continuing through September 30, 2024; and 161 Page 2 DCTA and City of Coppell Fourth Amended and Restated Interlocal Cooperation Agreement WHEREAS, the Parties are authorized to enter into this Agreement pursuant to the Interlocal Cooperation Act (“Act”), Chapter 791, Texas Government Code; and WHEREAS, DCTA and Coppell are units of local government that have the statutory authority under the Act to perform the services set forth in this Agreement; and WHEREAS, pursuant to Chapter 460 of the Texas Transportation Code, DCTA is authorized to enter into this Agreement with Coppell to provide transportation services; and NOW, THEREFORE, for and in consideration of the mutual promises and covenants set forth in this Agreement, and other valuable consideration, the receipts and sufficiency of which is hereby acknowledged, the Parties agree as follows: Article I Purpose 1.1 The purpose of this Agreement is to provide for the administration and operation of mobility services to improve access to jobs within the city limits of Coppell for trips originating in a defined geofence to destinations located in the geofence and to/from designated transit stops as defined in section 3.1(b). Mobility services may include DCTA directly providing transportation to employees and residents in Coppell or through third-party service providers that directly contract with DCTA, including but not limited to taxi providers and transportation network companies (TNCs). 1.2 DCTA may execute a task order for a period not to exceed twelve (12) months with a contracted mobility provider (e.g. Lyft) to deploy first/last mile mobility services in the city limits of Coppell and as defined in section 3.1(b). The hours and days of operation shall be agreed upon by the Parties and adjusted based on ridership. 1.3 DCTA has entered into an appropriate mobility services provider agreement to provide their services herein; and, DCTA shall receive assurances under such agreement regarding the services provided herein; and, Coppell’s sole responsibility shall be to fund such services. Article II Term 2.1 Term. The Term of this Agreement shall begin on October 1, 2023 and continue for the period ending on September 30, 2024 unless sooner terminated as provided herein (the “Term”). 2.2 Termination. Either Party may terminate this Agreement, with or without cause, by giving sixty (60) days prior written notice to the other Party. After the Initial Term, the required notice to terminate shall be at least ninety (90) days. Article III 162 Page 3 DCTA and City of Coppell Fourth Amended and Restated Interlocal Cooperation Agreement Services 3.1 DCTA shall provide the Mobility Services as follows: (a) Beginning on October 1, 2023, DCTA shall deliver the Mobility Services during the hours and days of operation as mutually agreed upon by the Parties and based on ridership. (b) Mobility services will initially be provided generally within the city limits to serve the workforce population and to and from designated transit stops and stations that fall outside the Coppell city limits. Specific parameters will be determined through the Task Order process and in coordination with DCTA and Coppell. Location of mobility services and geofence boundaries may be amended in writing as mutually agreed upon by the Parties and based on ridership trends. (c) The Parties shall work together to analyze and review ongoing service levels and alternative Mobility Service delivery methods and cost estimates to meet the long-term public transit needs of Coppell. (d) During the Term of this Agreement, DCTA shall provide all administrative and operational services associated with the Mobility Services including, but not limited to, employment and management of necessary and sufficient personnel, contract management of third-party providers, billing, customer service, program management, and data reporting and analytics. (e) During the Term of this Agreement, Coppell shall be responsible for all primary marketing and outreach efforts, with ancillary support provided by DCTA. Article IV Compensation and Fees 4.1 DCTA Compensation. DCTA shall be reimbursed for one-hundred percent (100%) of all costs for services invoiced from the mobility provider associated with this agreement, and an administrative fee per the schedule in Exhibit 1. Total costs shall not exceed fifty thousand dollars ($50,000) in a twelve (12) month period, unless amended as mutually agreed upon in writing by the parties. 4.2 Invoicing. On or before the last day of each calendar month during the Term of this Agreement, DCTA shall prepare a written invoice to Coppell including number of trips, operating expenses, and administrative management fees for the services provided in the previous month. 4.3 Payment. Coppell shall pay DCTA within thirty (30) days of the receipt of each monthly invoice. 163 Page 4 DCTA and City of Coppell Fourth Amended and Restated Interlocal Cooperation Agreement 4.4 Current Revenues. To the extent applicable, Coppell and DCTA acknowledge that Coppell shall make payment of the aforementioned sums from current revenues. Coppell further agrees to make all appropriations reasonable and necessary to effectuate the terms of, and its responsibilities under, this Agreement. However, the Parties recognize that the continuation of this Agreement after the close of any given fiscal year of Coppell, September 30 of each calendar year, shall be subject to approval by Coppell’s City Council. This approval may be presumed if the City Council includes funding for the Mobility Services in an adopted budget. This Agreement cannot be an unfunded liability of Coppell in violation of the Texas Constitution’s unfunded debt prohibition applicable to home-rule cities. The Parties agree that this Agreement may be terminated by Coppell with notice as provided herein, without any penalty or liability to Coppell except for monies owed DCTA for Mobility Services provided pursuant to this Agreement and for any costs incurred for demobilization, in the event Coppell’s City Council fails to approve or appropriate funds for any continuation of this Agreement. 4.5 Fares. Customers utilizing the first/last mile service will pay a fare that shall be subsidized by Coppell. The subsidy and amount paid by the passenger shall be mutually agreed upon by DCTA and Coppell. 4.6 Additional Services. In an effort to provide the best Mobility Services possible, DCTA may work with additional third-party service providers to enhance service delivery to Coppell. At all times, DCTA shall be responsible for contracting directly with the third-parties and shall be responsible for ensuring the overall customer experience and complying with this Agreement. Furthermore, DCTA shall be responsible for managing the cost of such service providers within the mutually agreed funding authorizations established and approved between DCTA and Coppell. Article V Dispute Resolution The Parties agree to make a good faith effort to resolve through informal discussions any disagreement or other dispute between them in connection with this Agreement (a “Dispute”). If a Dispute cannot be resolved through informal discussions, before seeking an alternative remedy, either Party must submit a written complaint to the other Party setting out the basis of the complaint and a proposed resolution to the Dispute. The Party receiving the complaint must respond in writing within twenty-one (21) days after receipt of the complaint, by accepting the proposed resolution, rejecting the proposed resolution, or proposing an alternative resolution to the Dispute. If the proposed resolution is rejected, the Parties may seek alternative remedies as they deem appropriate. If an alternative resolution is proposed, the recipient of that alternative proposal shall, within twenty-one (21) days after receipt, either accept the alternative or reject it. If it is rejected, the Parties may seek alternative remedies as they deem appropriate. Subject to the procedure outlined in this section, both Parties will have all legal remedies allowed to them by applicable law. The provisions of this section are strictly limited in scope to serve as a prerequisite to the enforcement of remedies under this Agreement. Failure by either Party to raise a Dispute through this process shall not constitute waiver or acceptance of an alleged violation of this Agreement. Article VI 164 Page 5 DCTA and City of Coppell Fourth Amended and Restated Interlocal Cooperation Agreement Insurance During the Term of this Agreement, the mobility provider shall maintain and enforce during the Term, at the mobility provider’s own expense, at least the following coverages: (a) Workers’ Compensation Insurance in accordance with state statutory laws, including Employers’ Liability with minimum limits of $1,000,000 each Accident; (b) Commercial General Liability Insurance including, but not limited to, product and completed operations, personal and advertising injury and contractual liability coverage with minimum limits of $1,000,000 Each Occurrence; $2,000,000 General Aggregate; and (c) Commercial Auto Liability Insurance including a minimum combined single limit of $1,000,000 each accident and Uninsured/Underinsured motorist coverage with a minimum combined single limit of $1,000,000. The mobility provider will include Coppell as an additional insured via blanket endorsement under the mobility provider’s commercial general liability insurance policy. All policies maintained shall be written as primary policies, not contributing with and not supplemental to coverage Coppell may carry and will contain a waiver of subrogation against Coppell and its insurance carrier(s) with respect to all obligations assumed by the mobility provider under this Agreement. The fact that the mobility provider has obtained the insurance required hereunder shall in no manner lessen or otherwise affect such mobility provider’s other obligations or liabilities set forth in this Agreement. Article VII Miscellaneous 7.1 Entire Agreement. This Agreement constitutes the sole and only agreement between the Parties and supersedes any prior understandings written or oral agreements between the Parties with respect to this subject matter. 7.2 Assignment. This Agreement may not be assigned by either Party without the prior written consent of the other Party. 7.3 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors and permitted assigns. 7.4 Governing Law. The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall exclusively be in the State District Court of Denton County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 165 Page 6 DCTA and City of Coppell Fourth Amended and Restated Interlocal Cooperation Agreement 7.5 No Waiver of Liability. The Parties acknowledge that neither Party is an agent, servant, or employee of the other Party, and each Party agrees it is responsible for its own individual negligent acts or omissions or other tortious conduct, as well as such acts and deeds of its contractors, agents, representatives, and employees, during the performance of this Agreement without waiving any governmental immunity available to the Parties under Texas law and other applicable law, and without waiving any available defenses under Texas law and other applicable law. Further, in the execution and performance of this Agreement, the Parties do not waive, and neither Party shall be deemed to have waived, any other immunity or defense that would otherwise be available to each Party as a local governmental entity and/or political subdivision of the State of Texas. 7.6 Amendments. This Agreement may be amended by the mutual written agreement of the Parties. 7.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 7.8 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for DCTA: With Copy to: Paul Cristina Joseph J. Gorfida, Jr. President and Chief Executive Nichols, Jackson, Dillard, Hager & Smith, L.L.P. Officer 1800 Ross Tower, 500 North Akard DCTA 500 North Akard 1955 Lakeway Drive, Suite 260 Dallas, Texas 75201 Lewisville, Texas 75067 Phone: 214-965-9900 Phone: 972-221-4600 If intended for City of Coppell: Mike Land City Manager 255 Parkway Blvd. P. O. Box 9478 Coppell, Texas 75019 Phone: 972-304-3618 166 Page 7 DCTA and City of Coppell Fourth Amended and Restated Interlocal Cooperation Agreement 7.9 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the Parties hereto. 7.10 Exhibits. The Exhibits attached hereto are incorporated herein. 7.11 Recitals. The recitals to this Agreement are incorporated herein and made a part hereof for all purposes. 7.12 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 7.13 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination hereof. 7.14 Approval of Parties. Whenever this Agreement requires or permits the approval or consent to be given by a Party, the Parties agree that such approval or consent shall not be unreasonably withheld, conditioned or delayed. 7.15 No Third-Party Beneficiary. Nothing in this Agreement shall be construed as creating or giving rise to any rights of third-parties or any persons other than the Parties hereto. 7.16 Recordkeeping and Right to Inspect Records. Each Party shall have mutual access to, and the right to examine, all books, documents, papers, and other records of the other Party involving transactions relating to this Agreement. Each Party shall have access during normal business hours to all necessary facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Agreement. Each Party shall give the other Party advanced written notice of at least forty-eight (48) business hours of intended audits. (signature page to follow) 167 Page 8 DCTA and City of Coppell Fourth Amended and Restated Interlocal Cooperation Agreement EXECUTED this _______ day of _____________________, 2023. Denton County Transportation Authority By: ___________________________________ Paul Cristina, President and CEO APPROVED AS TO FORM: By: ___________________________________ Joseph J. Gorfida, Jr., General Counsel EXECUTED this _______ day of _____________________, 2023. City of Coppell, Texas a home-rule municipality By: ____________________________________ Wes Mays, Mayor APPROVED AS TO FORM: By: ____________________________________ Robert E. Hager, Coppell City Attorney 168 Exhibit 1 DCTA and City of Coppell Third Amended and Restated Interlocal Cooperation Agreement EXHIBIT 1 AGENCY Service Rendered Cost Allocation Per Year $50,000 Denton County Transportation Authority Contracted Mobility Provider Service: Direct invoiced costs Not-to-exceed $28,125 Administrative Fee: Contract management, billing, administration, reporting, data analytics, and customer service Not-to-exceed 60% of the direct invoiced costs City of Coppell Marketing and Outreach Not-to-exceed $5,000 TOTAL: $50,000 169 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7085 File ID: Type: Status: 2023-7085 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 09/01/2023File Created: Final Action: Belt Line Developers AgreementFile Name: Title: Consider approval to enter into a Developers Agreement between the City of Coppell and Victory Retail Coppell, LLC.; for the reimbursement of design, construction, and installation of infrastructure improvements with the S. Belt Line project; and authorizing the City Manager to sign necessary agreements. Notes: Sponsors: Enactment Date: Memo.pdf, Agreement - Victory Exhibit.pdf, Development Agreement.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7085 Title Consider approval to enter into a Developers Agreement between the City of Coppell and Victory Retail Coppell, LLC.; for the reimbursement of design, construction, and installation of infrastructure improvements with the S. Belt Line project; and authorizing the City Manager to sign necessary agreements. Summary Fiscal Impact: The fiscal impact of this agenda item is a reimbursement of $344,466.57 back to the Beltline Road project. Staff Recommendation: The Public Works Department recommends approval. Page 1City of Coppell, Texas Printed on 9/8/2023 170 Master Continued (2023-7085) Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 9/8/2023 171 1 MEMORANDUM To: Mayor and City Council From: Mike Garza, P.E., Director of Public Works Date: September 12, 2023 Reference: Consider approval to enter into a Developer’s Agreement between the City of Coppell and Victory Retail Coppell, LLC. for the reimbursement of design, construction and installation of infrastructure improvements with the S. Belt Line project and authorizing the City Manager to sign any necessary documents.   2040: Sustainable Government Introduction:  This agenda item is to consider approval of a developer’s agreement with Victory Retail Coppell, LLC., for the reimbursement of infrastructure improvements related to S. Belt Line and the Victory Retail development, in the amount of $344,466.57. Background:  The S. Belt Line re-construction project was awarded to McMahon Contracting at the August 10, 2021, City Council meeting with a contract value of $18.3 million. Construction work for this project commenced on February 28, 2022, with an original contract duration of 480 days. The initial scope encompassed the complete replacement of existing pavement with an upgraded pavement section, enhancements to intersections to improve mobility through the addition of new traffic signals, incorporation of a hike and bike trail alongside sidewalks, replacement of median landscaping, and installation of city-owned streetlights within the medians. Furthermore, the project scope entailed certain replacements within the water, sewer, and storm drain systems. The limits of construction were from Southwestern to IH 635. The project is being completed in three phases, with the remaining phase being from Hackberry to IH 635, which incorporates the work included in this agreement. In early 2023, a developer proposed improvements to the vacant property between Hackberry and Dividend Drive. This development necessitated a comprehensive revision of the Hackberry intersection, including the incorporation of driveways, turn lanes, and required the installation of a new traffic signal. Council approved Change Order #3 on August 22, 2023, which includes the comprehensive adjustments necessary for these intersection improvements, including the installation 172 2 of the traffic signal. The total change order was for $1,556,196.30. A portion of this change order was necessary to accommodate the changes due to the development. Victory Retail Coppell, LLC., will be reimbursing the City for the design of the traffic signal, for 25% of the installation of the traffic signal and for paving and drainage improvements related to the development within the S. Belt Line right-of-way for a total of $344,466.57. Benefit to the Community:   This agreement will allow for the developer to reimburse the City for the roughly proportionate share of improvements related to their development. The improvements will enhance the mobility through the S. Belt Line corridor. Legal Review:   The City Attorney has reviewed the developer’s agreement.    Fiscal Impact:   The fiscal impact of this agenda item is a reimbursement of $344,466.57 back to the Beltline Road project.    Recommendation:   The Public Works Department recommends approval of this agreement. 173 Developers Agreement for Improvements on S Belt Line Rd Created in CIVIL3D 1 INCH = 1 MILE 0 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2023.dwg\DEVELOPERS AGREEMENT VICTORY Created on: 5 September 2023 by Scott Latta 1/2 1/2 1 174 1 INCH = FT. 0 300 300 150 Developers Agreement for Improvements on S Belt Line Rd Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2023.dwg\DEVELOPERS AGREEMENT VICTORY Created on: 6 September 2023 by Scott Latta 2/2 AREA OF THE VICTORY RETAIL DEVELOPMENT HACKBERRY ROADS BELT LINE ROADDIVIDEND DRIVE IH 6 3 5 ADDITIONAL CONSTRUCTION 175 Page | 1 Development Management Agreement 4874-7263-3977, v. 1 DEVELOPMENT MANAGEMENT AGREEMENT This DEVELOPMENT MANAGEMENT AGREEMENT ("Agreement") is made by and between the City of Coppell, a Texas home rule municipality (“City”), and Victory Retail Coppell, LLC, a Texas limited liability corporation ("Company"), acting by and through their respective authorized officers. WITNESSETH: WHEREAS, City of Coppell is currently constructing roadway improvements on South Beltline between Denton Tap and IH 635 within the corporate limits of the City (the "Land"); and WHEREAS, Company and City have mutually determined that it would promote their respective interests if the City completed traffic signalization for S. Beltline Road and Hackberry Road intersection; and WHEREAS, the Company is developing approximately 16.77 acres of unimproved real property which require the construction of a new traffic signalization and require a traffic control signal on the southern portion of the development at the intersection of Hackberry Road and Beltline Road to include right turn deceleration lanes and driveways as set forth in Exhibit A; and WHEREAS, City has agreed to complete the required traffic signalization, in accordance with the terms and conditions set forth herein; and WHEREAS, the City currently employed a contractor to make roadway and intersection improvement on a portion of S. Beltline Road and Hackberry Road intersection; and, said contractor has agreed to construct the traffic signalization to reconstruct and improve the intersection of Hackberry Road and Beltline Road. NOW THEREFORE, in consideration of the foregoing, and other valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Article I Term The term of this Agreement shall begin on the last date of execution hereof by both City and Company ("Effective Date") and continue until the Expiration Date, unless sooner terminated as provided herein. Article II Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “City" shall mean the City of Coppell, Texas acting by and through its City Manager, or 176 Page | 2 Development Management Agreement 4874-7263-3977, v. 1 designee. "City Engineer" shall be Project Manager, which will be responsible to execute and approve the work of the contractor. "Commencement of Construction" shall mean that date which is the later of (a) ten (10) business days business days after the City notifies Company (defined below) and execution of the Construction Contract. "Company" shall mean Victory Retail Coppell, LLC, a Texas limited liability corporation, and its permitted successors and assigns. "Completion of Construction" shall mean that the infrastructure improvements have been constructed and paid for by City as part of the Construction Cost and accepted. "Effective Date" shall mean the last date of execution hereof by each Party. "Event of Bankruptcy or Insolvency" shall mean the dissolution or termination of a Party's existence as an on-going business, insolvency, or appointment of a receiver for any significant part of such Party's property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such Party and such proceeding is not dismissed within ninety (90) days after the filing thereof. “Expiration Date" shall mean the date that all Parties have fully satisfied their respective obligations herein. "Force Majeure" means any contingency or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, terrorism, riot, civil commotion, insurrection, criminal acts by unrelated third parties, government or de facto governmental action or delays (unless caused by acts or omissions of the Party), adverse weather, fires, explosions, floods, strikes, slowdowns or work stoppages, provided, however, that Force Majeure shall not include a Party's inability to pay its obligations hereunder. "Impositions" shall mean all taxes, assessments, use and occupancy taxes, charges, excises, license and permit fees, and other charges by public or governmental authority, general and special, ordinary and extraordinary, foreseen and unforeseen, which are or may be assessed, charged, levied, or imposed by any public or governmental authority on Company. “Infrastructure Improvements” shall mean the construction of the lights and control device for the intersection of Hackberry and Beltline. "Land" shall mean the real property owned by City and described in Exhibit "A" attached hereto and incorporated herein by this reference. "Material Breach" shall mean a breach of a material term or condition of this Agreement 177 Page | 3 Development Management Agreement 4874-7263-3977, v. 1 including specifically the following: (i) failure to construct the Project substantially in accordance with the Grading Plans; (ii) failure to timely cause Commencement of Construction or Completion of Construction of the Project, subject, however, to Force Majeure events; and (iii) failure of City to timely pay any or all of the Construction Cost to Company for the Company Project in accordance with the terms of this Agreement. "Party” or “Parties" shall mean City and/or Company, individually or jointly, as applicable. "Project" shall mean the developments of the Land as generally depicted and described on Exhibit "A". “Traffic Control Signalization or Signal” shall mean a traffic control device signal as defined in the Texas Manual on Uniform Traffic Control Devices. "Traffic Signal Cost" shall mean the total costs and expenses incurred by City for the completion of the Traffic Signal device, including without limitation, all costs of staking, topographic and other surveying costs, equipment rentals, and other related costs and expenses, subject to construction of sequential traffic control signal for east and west bound traffic on Hackberry Road and the north and south bound traffic on Beltline Road at the intersection thereof, including all hardware signals. Article III Project 3.1 Project Payment. For adequate consideration, pay the receipt and sufficiency of which are hereby acknowledged, Company agrees to pay to the City and agrees to accept one- hundred percent (100%) of the design of the cost of the Traffic Signalization and twenty-five percent (25%) of the Cost for the installation of the Traffic Signalization at said intersection and one-hundred percent (100%) of the installation of the right turn deceleration lanes and driveway approaches and any incidentals associated with the right turn lanes and driveways, as shown in exhibit B and payable no later than thirty (30) business days after Completion of Construction, acceptance and invoice by the City, upon and subject to the terms, provisions and conditions hereinafter set forth in this Agreement. 3.2 Plans. City shall, at Company’s expense reimbursed pursuant to Section 3.1 above, cause the construction plans to be prepared in accordance with state law and local ordinances. 3.3 Construction of Project. Commencement and Completion of Construction of Project. City agrees, subject to events of Force Majeure, to commence implementation and installation with the redesigned and reconstructed intersection on or before [___________________], 2023 and, subject to weather delays constituting Force Majeure, to cause Completion of Construction of the Traffic Signalization. 3.4 General Requirements for Design and Construction. (a) Compliance of Plans. The Project shall be designed and constructed in 178 Page | 4 Development Management Agreement 4874-7263-3977, v. 1 accordance with plans. City shall comply with all local and state laws and regulations regarding the execution of the Plans for Traffic Signalization. (b) Compliance of Laws. Company shall comply with all local and state laws and regulations regarding the construction of the Project. Upon Completion of Construction of the Project, City shall provide Company with a final cost summary of all costs associated with the construction of the Infrastructure Improvements, and provide proof that all amounts owing to contractors and subcontractors have been paid in full as evidenced by the customary affidavits executed by the General Contractor. (c) Uniform Traffic Control Standards. Except as otherwise provided in this Agreement, the design by City and construction by City of the Project, respectively, shall be in accordance with Uniform Manual of Traffic Control, as amended, and as modified by City, and to the extent applicable are hereby incorporated by reference, and shall be compatible with the City’s traffic signalization operating system. 3.5 Insurance. Prior to the issuance of a notice to proceed to commence any work on the Land and, thereafter, throughout the term of this Agreement, City shall cause its General Contractor to purchase and maintain in full force and effect, the insurance required pursuant to Company's standard form of Construction Contract. (a) All insurance and certificate(s) of insurance shall contain the following provisions: (1) name the City and Company as additional insureds as to all applicable coverage, with the exception of Workers Compensation Insurance; (2) provide for at least ten (10) days prior written notice to City for cancellation, or non-renewal; (3) provide for a waiver of subrogation against City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. (b) A certificate of insurance evidencing the required insurance shall be submitted to the City prior to Commencement of Construction. 3.6 License. City shall be responsible for the acquisition of such easements and right- of-way that have not been previously dedicated as are necessary for the completion of the Infrastructure Improvements. Company hereby grants to City a temporary license to occupy and use the Land and such off-site areas for purposes of completing the Infrastructure Improvements. Article IV Termination 4.1 Manner of Termination. This Agreement may be terminated upon any one or more of the following events: (a) upon mutual written agreement of the parties; (b) upon the Expiration Date; 179 Page | 5 Development Management Agreement 4874-7263-3977, v. 1 (c) by either Party, if the other Party has committed a Material Breach of this Agreement and such Material Breach is not cured within sixty (60) days after written notice thereof; provided that if the Material Breach cannot reasonably be cured within a sixty (60) day period and the defaulting Party has diligently pursued such remedies as shall be reasonably necessary to cure the default, then the non- defaulting Party shall extend the period in which the default must be cured for an additional sixty (60) days; and (d) by City, if Company suffers an Event of Bankruptcy or Insolvency. 4.2 City Remedies. In the event this Agreement is terminated by City pursuant to Section 4.1(c) or (d), City may seek specific performance, and/or actual damages incurred as a result of such uncured default by Company. In addition, in the event this Agreement is terminated by City pursuant to Section 4.1(c) or (d), City shall pay to Company all amounts of the Construction Cost incurred by Company prior to the date of such termination, subject, however, to a right to withhold a reasonable estimate of the costs to cure such Material Breach, until such Material Breach has been cured, at which time, City shall pay Company for any amounts of such withholding which were not incurred by City to cure the Material Breach. 4.3 Company Remedies. In the event this Agreement is terminated by Company pursuant to Section 4.1(c), Company may seek specific performance or actual damages incurred as a result of such uncured default by City. Article V Miscellaneous 5.1 Binding Agreement; Assignment. The terms and conditions of this Agreement are binding upon the successors and permitted assigns of the Parties. This Agreement may not be assigned by Company without the prior written consent of City’s City Manager. 5.2 Limitation on Liability. Company and City, in satisfying the conditions of this Agreement, have acted independently, and assume no responsibilities or liabilities to third parties in connection with these actions. 5.3 No Joint Venture. This Agreement is not intended to, and shall not be deemed to create, a partnership or joint venture between the Parties. 5.4 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 5.5 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received (i) three (3) days after deposit into the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or (ii) on the day actually received if sent by courier, email or otherwise hand delivered. 180 Page | 6 Development Management Agreement 4874-7263-3977, v. 1 If intended for City, to: Attn: City Manager City of Coppell, Texas P.O. Box 9478 Coppell, Texas 75019 Email: mland@coppelltx.gov Public Works Department City of Coppell 265 E. Parkway Coppell, Texas 75019 Email: mgarza@coppelltx.gov With a copy to: Robert E. Hager Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Ross Tower 500 North Akard Dallas, Texas 75201 Email: rhager@njdhs.com If intended for Company, to: Victory Retail Coppell, LLC Attn: Tony Ramji 2911 Turtle Creek Blvd. Suite 700 Dallas, Texas 75219 Email: legalnotices@vg-re.com Any Party shall have the right to change its address for notice by sending notice of change of address to each other Party, in the manner described above. 5.6 Entire Agreement. This Agreement is the entire agreement between the Parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written Agreement among the Parties that in any manner relates to the subject matter of this Agreement, except as provided or referred to in this Agreement or as provided in any Exhibits attached hereto. 5.7 Governing Law. This Agreement shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 5.8 Amendment. This Agreement may only be amended by a written agreement executed by both Parties. 5.9 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the Parties that in lieu of each provision that is found to be illegal, invalid, or 181 Page | 7 Development Management Agreement 4874-7263-3977, v. 1 unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 5.10 Recitals. The recitals to this Agreement are incorporated herein. 5.11 Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 5.12 Exhibits. The exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 5.13 Survival of Covenants. The covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, under this Agreement shall survive termination to the extent set forth herein. 5.14 Covenants and Representations. Company represents, warrants and covenants that it has the authority to: (i) enter into this Agreement and to execute and deliver this Agreement and (ii) perform and comply with all of the terms, covenants and conditions to be performed and complied with by Company hereunder. City represents warrants and covenants that it has the authority to: (i) enter into this Agreement and to execute and deliver this Agreement; (ii) perform and comply with all of the terms, covenants and conditions to be performed and complied with by City hereunder; and (iii) if the City Engineer approves the Contract Award, City has sufficient funds reasonably available to pay the Construction Cost. 5.15 Time for Performance. Time is of the essence in the performance of each Party's obligations hereunder. 5.16 Force Majeure. Whenever a period of time is herein prescribed for action to be taken by City or Company (other than payment of money), City or Company shall not be liable or responsible for, and there shall be excluded from the computation for any such period of time, any delays due to Force Majeure. EXECUTED in duplicate originals this the ____ day of, ______________, 2023. CITY OF COPPELL, TEXAS By:_________________________________ Mike Land, City Manager ATTEST: ____________________________________ Ashley Owens, City Secretary 182 Page | 8 Development Management Agreement 4874-7263-3977, v. 1 EXECUTED this _____ day of ________________, 2023. VICTORY RETAIL COPPELL, LLC, By: Victory Real Estate Group, LLC, its manager By:____________________________________ Tony Ramji, Manager 183 4874-7263-3977, v. 1 EXHIBIT "A" 184 LEGEND 4" THICK SIDEWALK PAVEMENT PGL CONCRETE PAVEMENT 10" REINFORCED CONCRETE PAVEMENT 6" REINFORCED MEDIAN CONCRETE DRIVEWAY PAVEMENT 10" REINFORCED ASPHALT PAVEMENT BRICK PATTERN CONCRETE WITH STAMPED GRADING LIMITS NOTES: LINE ROAD CENTERLINE UNLESS OTHERWISE NOTED. OF CURB OR EDGE OF LANE AND ARE REFERENCE TO BELT ALL DIMENSIONS, STATIONS, AND OFFSETS ARE TO BACK1. DOCUMENTS" FOR ADDITIONAL INFORMATION. TO THE "CONSTRUCTION SPECIFICATIONS AND CONTRACT OF COPPELL AND NCTCOG TXDOT SPECIFICATIONS. REFER SHALL BE IN ACCORDANCE WITH THE APPROPRIATE CITY ALL PAVING CONSTRUCTION AND SUBGRADE PREPARATION2. ELEVATIONS. SECTIONS FOR DETAILED CROSS SLOPE AND CURB REFER TO TYPICAL PAVING SECTIONS AND CROSS3. ELEVATIONS FOR INTERSECTIONS. REFER TO GRADING PLANS FOR DETAILED CURB4. INFORMATION. PAVEMENT AND DRIVEWAY CONSTRUCTION PHASING REFER TO TRAFFIC CONTROL PLANS FOR LIMITS OF HES5. UTILITY ADJUSTMENTS. REFER TO UTILITY AND STORM DRAIN PLANS FOR CITY6. EXIST ROW EXIST PEDESTRIAN ESMT WMWM PP LP2 WAR WMH PP GW GW SIGNSIGNPP WM WM WV ICV ICV ICV ICV WV WV TSTSSIGNSSMHSSMHWMWMWMPPPPGWGWGWGWGWWVWVWVICVICVICVICVICVSTMHTMHTMH8" SDR 35 SS5+00 6+00 7+00 8+00 9+00 WM MWAR WM WMH MLT TC PGL @ LT PGL EX. GROUND 100.00' VC K = 69 ex = -0.18' PVI STA 5+98.00 ELEV = 536.51 +0.54%-0.92% PVI STA 8+00.00 ELEV = 534.66 -0.92%-0.71%VPC STA 5+48.00ELEV = 536.24VPT STA 6+48.00ELEV = 536.05EX. 535.6EX. 536.0EX. 536.1EX. 536.0EX. 535.8EX. 535.5EX. 535.0EX. 534.6EX. 534.6LT PGL 534.30PGL = 535.18LT PGL = 534.66LT PGL = 535.72LT PGL = 535.98LT PGL = 536.25LT PGL = 536.32LT PGL = 536.03LT PGL = 535.57160.00' VC K = 64 ex = -0.19' RT TC PGL @ RT PGL EX. GROUND PVI STA 5+95.00 ELEV = 537.11 +1.10%-1.42% PVI STA 7+50.00 ELEV = 534.91 -1.42%-0.75%VPC STA 5+15.00ELEV = 536.23VPT STA 6+75.00ELEV = 535.97EX. 535.3EX. 535.6EX. 535.5EX. 535.4EX. 535.0EX. 534.6EX. 534.4EX. 534.0EX. 533.6RT PGL 534.91RT PGL 534.53RT PGL 534.16RT PGL 535.52RT PGL 536.07RT PGL 536.52RT PGL 536.60RT PGL 536.28RT PGL 535.62NO.DATE REVISION DESCRIPTION CITY OF COPPELL, TEXAS DESIGN DRAWN DATE SCALE DATE:5/18/2023TIME:11:47:41 AMUSER:ah3293FILE NAME:I:\32000s\32664\001\CADD\SheetsRCH\32664-PAVE-02-REV5.dgnSCALE:HALFF_MON_PENTABLE.TBL1:20PENTABLE:PDF_2D_MON_MW_MR_300.pltPLOT DRIVER:ST16-01A AVO 32664 PROJECT CITY NO. SHEET TBPELS ENGINEERING FIRM #F-312 1201 NORTH BOWSER ROAD RICHARDSON, TEXAS 75081 (214) 346-6200 (TEL) 2023 FEB IH-635 TO SOUTHWESTERN S. BELT LINE ROAD RECONSTRUCTION FIRM #F-312. Texas 75081. TBPELS ENGINEERING North Bowser Road, Richardson, offices of Halff Associates, Inc. 1201 copy of this drawing is on file at the Engineering Practice Act. The record is an offense under the Texas notification to the responsible engineer a sealed document without proper PE# 101251 on 07/02/21. Alteration of was authorized by Jeffrey F. Roberts, The seal appearing on this documentNS. BELT LINE RD SHEET 2 OF 21 PLAN AND PROFILE AS NOTEDGAHJFR146' R.O.W.37' B-B59' B-B156' R.O.W.MATCH LINE STA 4+50MATCH LINE STA 9+0079' R.O.W.C8C9 C11 C10 C5 TC = 536.11 PC STA 5+16.84, 57.00' RT 46.00' RT RT PGL S. BELT LINE RD PAVING 5+00 6+00 7+00 8+00 9+00 525 530 535 525 530 535 MATCH LINE STA 9+00MATCH LINE STA 4+505' SIDEWALK STA 0+91.20, HACKBERRY STA 5+91.72, BELT LINE RD= ACCESS EASEMENT 10' DRAINAGE & PEDESTRIAN EXISTING 8'525 530 535 525 530 535 CURVE DATA NAME DELTA RADIUS TANGENT LENGTH CHORD BEARING LONG CHORD C5 01° 28' 50.26"(RT)1325.00 17.12 34.24 N 00° 12' 15.10" E 34.24 C8 180° 00' 00.00"(RT)5.00 N 89° 27' 49.97" E C9 12° 44' 36.91"(LT)68.00 15.12 15.09 C10 12° 47' 5.97"(RT)7.62 S 6° 55' 43.01" E C11 145° 6' 18.86"(LT)6.36 N 89° 27' 49.97" E C121.84%4+50.001.75%4+00.002.00%9+00.00PGL PT STA 5+55.36, 69.88' LT (BY OTHERS) ADJUST EX. TMH TO FINAL GRADE STA 6+71.67, 69.76' LT ADJUST EX. WMH STA 7+81.26, 63.49' LT ADJUST EX. SSMH STA 6+71.67, 69.76' LT 42 6 80 VERTICAL SCALE IN FEET HORIZONTAL SCALE IN FEET 2010 30 400 20' REC. CURB INLET STA 7+88.43, 48.00' RT FROM 71.50' LT TO 46.00' LT BEGIN LT PGL TRANSITION PC STA 4+90.09, 71.50' LT TYPE 7 RAMP TYPE 7 RAMP TYPE 7 RAMP TYPE 7 RAMP PRIOR TO PAVING) (TO BE CONNECTED IRRIGATION PLANS REFER TO PER CITY DETAIL 305. TO BE INSTALLED 1 1 REVISION 24-21-20221.25%6+70.002.00%7+25.001.25%5+17.0068.00 15.17 15.14 7.59 N 5° 50' 8.42" E 2.00 5.07 3.82 15.71 10.00- ------ TC = 536.88 STA 5+17.33, 3.67' RT TC = 536.75 PT STA 5+02.33, 2.00' RT TC = 536.76 PT STA 5+02.33, 12.50' LT TC = 536.83 STA 5+17.33, 10.83' RT TC = 536.60 STA 6+62.61, 9.00' RT TC = 536.71 PT STA 6+62.61, 1.00' LT TC = 536.95 STA 5+22.63, 5.34' RT TC = 536.88 STA 5+22.63, 9.16' RT TC = 536.04 PT STA 6+70.12, 46.00' RT TC = 534.46 PT STA 8+10.30, 46.14' RT TC = 535.96 PRC STA 5+24.33, 83.06' LT TC = 535.88 PT STA 6+58.62, 70.50' LT TC = 535.46 STA 7+00.00, 70.50' LT TC = 534.74 STA 7+68.39, 69.39' LT TC = 536.48 STA 7+00.00, 1.00' LT TC = 535.82 STA 8+00.00, 0.58' RT REVISION 55-18-20235 5 45 1' OFFSET FROM LANE LINE (SRF)(WFLX)(20' SPACING) INSTALL BOLT DOWN DELINEATORS 1+002+002.00%9+00.001.25%6+70.00L= 65.30' T= 32.65' R= 1313.00' CURVE DATA HACKBERRY2.00%7+70.0015' REC. CURB INLET STA 8+46.52, 62.53' LT 1.25%5+17.00EXIST ROW EXIST ROW FIRM #F-312. Texas 75081. TBPELS ENGINEERING North Bowser Road, Richardson, offices of Halff Associates, Inc. 1201 copy of this drawing is on file at the Engineering Practice Act. The record is an offense under the Texas notification to the responsible engineer a sealed document without proper PE# 142406 on 05/18/23. Alteration of was authorized by Jordan T. Viggiano, The seal appearing on this documentLICENSEDSTATEOF T EXAS P ROF ESS IONAL ENGINEER142406 JORDAN T. VIGGIANO 5 185 LEGEND 4" THICK SIDEWALK PAVEMENT PGL CONCRETE PAVEMENT 10" REINFORCED CONCRETE PAVEMENT 6" REINFORCED MEDIAN CONCRETE DRIVEWAY PAVEMENT 10" REINFORCED ASPHALT PAVEMENT BRICK PATTERN CONCRETE WITH STAMPED GRADING LIMITS NOTES: LINE ROAD CENTERLINE UNLESS OTHERWISE NOTED. OF CURB OR EDGE OF LANE AND ARE REFERENCE TO BELT ALL DIMENSIONS, STATIONS, AND OFFSETS ARE TO BACK1. DOCUMENTS" FOR ADDITIONAL INFORMATION. TO THE "CONSTRUCTION SPECIFICATIONS AND CONTRACT OF COPPELL AND NCTCOG TXDOT SPECIFICATIONS. REFER SHALL BE IN ACCORDANCE WITH THE APPROPRIATE CITY ALL PAVING CONSTRUCTION AND SUBGRADE PREPARATION2. ELEVATIONS. SECTIONS FOR DETAILED CROSS SLOPE AND CURB REFER TO TYPICAL PAVING SECTIONS AND CROSS3. ELEVATIONS FOR INTERSECTIONS. REFER TO GRADING PLANS FOR DETAILED CURB4. INFORMATION. PAVEMENT AND DRIVEWAY CONSTRUCTION PHASING REFER TO TRAFFIC CONTROL PLANS FOR LIMITS OF HES5. UTILITY ADJUSTMENTS. REFER TO UTILITY AND STORM DRAIN PLANS FOR CITY6. EXIST PEDESTRIAN ESMT EXIST ROW TSTSTSTSPPPP PP SSMH PP LP2 LP2 PP PP EM PP SSMH SIGN MON. GL GL TPED GW TPED PPVLT COMM. VLT COMM. SSMH VLT COMM. WM WM ICV ICV ICV ICV SSMH EB EB WM 9+00 10+00 11+00 12+00 13+00 WMWM PVI STA 10+05.00ELEV = 533.21-0.71%-0.58% @ LT PGL EX. GROUND LT TC PGL533.21EX. 534.3EX. 533.7EX. 533.3EX. 533.1EX. 532.8EX. 532.4EX. 531.8EX. 531.9LT PGL 533.95LT PGL 533.60LT PGL 533.25LT PGL 532.95LT PGL 532.66LT PGL 532.37LT PGL 532.08LT PGL 531.79RT TC PGL @ RT PGL EX. GROUND EX. 533.2EX. 533.0EX. 532.6EX. 531.8EX. 531.5EX. 531.6EX. 530.9EX. 531.1RT PGL 533.79RT PGL 533.41RT PGL 533.04RT PGL 532.66RT PGL 532.29RT PGL 531.92RT PGL 531.54RT PGL 531.17NO.DATE REVISION DESCRIPTION CITY OF COPPELL, TEXAS DESIGN DRAWN DATE SCALE DATE:5/18/2023TIME:11:47:50 AMUSER:ah3293FILE NAME:I:\32000s\32664\001\CADD\SheetsRCH\32664-PAVE-03-REV5.dgnSCALE:HALFF_MON_PENTABLE.TBL1:20PENTABLE:PDF_2D_MON_MW_MR_300.pltPLOT DRIVER:ST16-01A AVO 32664 PROJECT CITY NO. SHEET TBPELS ENGINEERING FIRM #F-312 1201 NORTH BOWSER ROAD RICHARDSON, TEXAS 75081 (214) 346-6200 (TEL) 2023 FEB IH-635 TO SOUTHWESTERN S. BELT LINE ROAD RECONSTRUCTION FIRM #F-312. Texas 75081. TBPELS ENGINEERING North Bowser Road, Richardson, offices of Halff Associates, Inc. 1201 copy of this drawing is on file at the Engineering Practice Act. The record is an offense under the Texas notification to the responsible engineer a sealed document without proper PE# 101251 on 07/02/21. Alteration of was authorized by Jeffrey F. Roberts, The seal appearing on this documentNS. BELT LINE RD SHEET 3 OF 21 PLAN AND PROFILE AS NOTEDGAHJFRMATCH LINE STA 9+00MATCH LINE STA 13+00122' R.O.W.59' B-B49' B-BC15 C16C19C21C18TC = 533.05 PC STA 10+97.33, 9.00' RT TC = 533.63 PT STA 10+97.33, 2.00' RT 46.00' RT RT PGL S. BELT LINE RD PAVING 9+00 10+00 11+00 12+00 13+00 525 530 535 525 530 535 MATCH LINE STA 9+00MATCH LINE STA 13+00ACCESS EASEMENT 10' PEDESTRIAN EXISTNG TC = 532.43 PT STA 10+98.07, 58.00' LT 525 530 535 525 530 535 CURVE DATA NAME DELTA RADIUS TANGENT LENGTH CHORD BEARING LONG CHORD C15 90° 00' 00.00"(RT)30.00 30.00 47.12 S 45° 32' 10.03" E 42.43 C16 90° 01' 26.16"(LT)30.00 30.01 47.14 N 44° 28' 33.05" E 42.44 C17 C18 180° 00' 00.06"(LT)3.50 10.99 N 89° 27' 49.88" E 7.00 C19 180° 00' 00.00"(RT)3.50 -10.99 S 89° 27' 49.97" W 7.00 C20 C21 50° 42' 12.67"(RT)30.00 14.21 26.55 S 25° 53' 16.37" E 25.69 5' SIDEWALK FROM 71.50' LT TO 46.00' LT END LT PGL TRANSITION PT STA 10+67.09, 46.00' LT 2.00%13+00.002.00%9+00.002.00%9+00.00PGL PC STA 10+03.10, 47.59' LT TC = 533.46 STA 10+35.07, 96.00' LT PT STA 10+35.07, 89.53' LT 42 6 80 VERTICAL SCALE IN FEET HORIZONTAL SCALE IN FEET 2010 30 400 37' B-BEASEMENT 20' UTILITY EXISTING ------ - TC = 532.75 PC STA 10+09.03, 57.00' RT TC = 532.25 PT STA 11+05.53, 46.00' RT TC = 533.97 PT STA 10+03.27, 2.00' LT TC = 533.99 PC STA 10+03.27, 9.00' LT 5 5 5-18-2023 REVISION 5 5 ------ 46 TC = 533.50 PC STA 9+09.03, 57.00' RT TC = 531.32 STA 12+29.45, 46.00' RT 1' OFFSET FROM LANE LINE (SRF)(WFLX)(20' SPACING) INSTALL BOLT DOWN DELINEATORS 1' OFFSET FROM LANE LINE (SRF)(WFLX)(20' SPACING) INSTALL BOLT DOWN DELINEATORS TC = 532.46 PC STA 10+82.31, 57.00' RT 60' B-B7'33' DRIVEWAYSTA 10+52.082.00%13+00.00L= 64.02' T= 32.02' R= 1237.00' CURVE DATARIM = 533.16 1-5' STD. SDMH STA 9+94.28, 29.16' LT TC = 533.49 STA 10+68.88, 96.00' LT PC STA 10+68.88, 88.01' LT ADJUST EX. SSMH STA 9+82.13, 69.79' LT ADJUST EX. SSMH STA 11+13.63, 69.87' LT ADJUST EX. SSMH STA 12+98.93, 69.37' LT 20' REC. CURB INLET STA 11+55.00, 48.00' RT 10' REC. CURB INLET STA 12+55.00, 60.00' LT TC = 533.00 PC STA 10+05.07, 58.00' LT AND GRATE INLET 15' TXDOT CURB STA 9+80.60, 60.00' LT DRIVEWAYSTA 10+48.97EXIST ROW FIRM #F-312. Texas 75081. TBPELS ENGINEERING North Bowser Road, Richardson, offices of Halff Associates, Inc. 1201 copy of this drawing is on file at the Engineering Practice Act. The record is an offense under the Texas notification to the responsible engineer a sealed document without proper PE# 142406 on 05/18/23. Alteration of was authorized by Jordan T. Viggiano, The seal appearing on this documentLICENSEDSTATEOF T EXAS P ROF ESS IONAL ENGINEER142406 JORDAN T. VIGGIANO 5 186 LEGEND 4" THICK SIDEWALK PAVEMENT PGL CONCRETE PAVEMENT 10" REINFORCED CONCRETE PAVEMENT 6" REINFORCED MEDIAN CONCRETE DRIVEWAY PAVEMENT 10" REINFORCED ASPHALT PAVEMENT BRICK PATTERN CONCRETE WITH STAMPED GRADING LIMITS NOTES: LINE ROAD CENTERLINE UNLESS OTHERWISE NOTED. OF CURB OR EDGE OF LANE AND ARE REFERENCE TO BELT ALL DIMENSIONS, STATIONS, AND OFFSETS ARE TO BACK1. DOCUMENTS" FOR ADDITIONAL INFORMATION. TO THE "CONSTRUCTION SPECIFICATIONS AND CONTRACT OF COPPELL AND NCTCOG TXDOT SPECIFICATIONS. REFER SHALL BE IN ACCORDANCE WITH THE APPROPRIATE CITY ALL PAVING CONSTRUCTION AND SUBGRADE PREPARATION2. ELEVATIONS. SECTIONS FOR DETAILED CROSS SLOPE AND CURB REFER TO TYPICAL PAVING SECTIONS AND CROSS3. ELEVATIONS FOR INTERSECTIONS. REFER TO GRADING PLANS FOR DETAILED CURB4. INFORMATION. PAVEMENT AND DRIVEWAY CONSTRUCTION PHASING REFER TO TRAFFIC CONTROL PLANS FOR LIMITS OF HES5. UTILITY ADJUSTMENTS. REFER TO UTILITY AND STORM DRAIN PLANS FOR CITY6. PROP ROW EXIST ROWTSWAR WMHWV SSMH PPPP PP PP LP2 LP2 SSMH PP TMH PP FH WV WV TMHTMH PP WV WV WVLT WV TPED VLT COMM.SIGNSIGNSIGNLPLP SIGNSIGNLP2 SSMH 13+00 14+00 15+00 16+00 17+00MWARM PVI STA 14+65.00 ELEV = 530.54 -0.58%+0.60% 95.00' VC K = 80 ex = 0.14' PVI STA 15+75.00 ELEV = 531.20 +0.60%-0.80% 90.00' VC K = 64 ex = -0.16'VPC STA 14+17.50ELEV = 530.81VPT STA 15+12.50ELEV = 530.82VPC STA 15+30.00ELEV = 530.93VPT STA 16+20.00ELEV = 530.84@ LT PGL EX. GROUND LT TC PGL LP STA 14+64.26 LP ELEV 530.67 EX. 531.4EX. 531.8EX. 530.8EX. 531.3EX. 531.0EX. 530.6EX. 529.8EX. 529.8EX. 530.0LT PGL 531.49LT PGL 531.20LT PGL 530.91LT PGL 530.69LT PGL 530.75LT PGL 531.01LT PGL 530.96LT PGL 530.60LT PGL 530.20PVI STA 14+39.54 ELEV = 529.75 -0.75%+0.60% 110.00' VC K = 82 ex = 0.19' PVI STA 15+48.54 ELEV = 530.41 +0.60%-0.80% 90.00' VC K = 64 ex = -0.16'VPC STA 13+84.54ELEV = 530.16VPT STA 14+94.54ELEV = 530.08VPC STA 15+03.54ELEV = 530.14VPT STA 15+93.54ELEV = 530.05@ RT PGL EX. GROUND RT TC PGL LP STA 14+45.56 LP ELEV 529.93 EX. 530.0EX. 530.0EX. 530.1EX. 529.7EX. 529.2EX. 528.7EX. 528.6EX. 528.3EX. 528.4RT PGL 530.80RT PGL 530.42RT PGL 530.06RT PGL 529.94RT PGL 530.12RT PGL 530.25RT PGL 530.00RT PGL 529.60RT PGL 529.20NO.DATE REVISION DESCRIPTION CITY OF COPPELL, TEXAS DESIGN DRAWN DATE SCALE DATE:5/18/2023TIME:11:47:59 AMUSER:ah3293FILE NAME:I:\32000s\32664\001\CADD\SheetsRCH\32664-PAVE-04-REV5.dgnSCALE:HALFF_MON_PENTABLE.TBL1:20PENTABLE:PDF_2D_MON_MW_MR_300.pltPLOT DRIVER:ST16-01A AVO 32664 PROJECT CITY NO. SHEET TBPELS ENGINEERING FIRM #F-312 1201 NORTH BOWSER ROAD RICHARDSON, TEXAS 75081 (214) 346-6200 (TEL) 2023 FEB IH-635 TO SOUTHWESTERN S. BELT LINE ROAD RECONSTRUCTION FIRM #F-312. Texas 75081. TBPELS ENGINEERING North Bowser Road, Richardson, offices of Halff Associates, Inc. 1201 copy of this drawing is on file at the Engineering Practice Act. The record is an offense under the Texas notification to the responsible engineer a sealed document without proper PE# 101251 on 07/02/21. Alteration of was authorized by Jeffrey F. Roberts, The seal appearing on this documentNS. BELT LINE RD SHEET 4 OF 21 PLAN AND PROFILE AS NOTEDGAHJFRMATCH LINE STA 13+00MATCH LINE STA 17+50123' R.O.W.18'49' B-B60' B-B7.0'C24C2 5 C26 TC = 530.14 STA 16+75.00, 9.00' RT TC = 532.41 STA 13+08.57, 2.00' RT TC = 531.60 STA 14+09.08, 9.00' LT 46.00' RT RT PGL S. BELT LINE RD PAVING 13+00 14+00 15+00 16+00 17+00 525 530 535 525 530 535 MATCH LINE STA 13+00MATCH LINE STA 17+5046.00' LT LT PGL TC = 530.05 PC STA 16+88.57, 58.00' LT EASEMENT 9' PEDESTRIAN PROPOSED 5' SIDEWALK 525 530 525 530 520 5202.00%13+00.002.00%13+00.002.00%17+50.002.00%17+50.00(BY OTHERS) ADJUST TMH RIM TO FINAL GRADE STA 14+29.70, 49.39' LT (BY OTHERS) ADJUST TMH RIM TO FINAL GRADE STA 16+15.31, 52.40' LT TC = 531.21 STA 17+08.57, 89.15' LT PT STA 17+08.57, 78.02' LT REFER TO GRADING PLAN BEGIN SIDEWALK WALL STA 17+43.72, 71.00' LT PI STA 17+47.71, 70.00' LT ADJUST WMH STA 13+10.61, 61.41' LT ADJUST SSMH STA 16+99.16, 68.57' LT 42 6 80 VERTICAL SCALE IN FEET HORIZONTAL SCALE IN FEET 2010 30 400 46.00' LT LT PGL PROPOSED MONUMENT SIGN TC = 532.53 PT STA 13+40.42, 88.10' LT TC = 532.67 PC STA 13+65.35, 87.97' LT IRRIGATION PLANS REFER TO PER CITY DETAIL 305. TO BE INSTALLED EASEMENT 20' UTILITY EXISTING LIMITS TO AVOID EX. SSMH CONTRACTOR TO ADJUST RAMP OUTSIDE THE LIMITS OF RAMP. EX. SSMH SHALL BE LOCATED C26A C26B C26C C26D C26E C26F TC = 530.22 STA 15+63.80, 46.00' RT TC = 529.26 STA 16+63.80, 57.00' RT 5 5 5-18-2023 REVISION 537.5' B-BTC = 529.77 STA 14+43.22, 59.95' RT TC = 529.81 STA 14+67.84, 59.96' RT TC = 530.39 STA 14+95.16, 59.96' RT TC = 530.45 STA 15+13.67, 59.96' RT REFER TO DRAINAGE PLANS SLOTTED DRAIN 47 1' OFFSET FROM LANE LINE (SRF)(WFLX)(20' SPACING) INSTALL BOLT DOWN DELINEATORS 1' OFFSET FROM LANE LINE (SRF)(WFLX)(20' SPACING) INSTALL BOLT DOWN DELINEATORS TC = 530.25 PT STA 15+39.25, 46.00' RT 48' B-BC22C 23 25' DRIVEWAYSTA 17+19.79(BY OTHERS) ADJUST TMH RIM TO FINAL GRADE STA 14+14.39, 48.35' LT TC = 531.20 STA 17+33.42, 89.15' LT PC STA 17+33.50, 77.48' LT EX. WATER VAULT CONTRACTOR TO PROTECT 10' REC. CURB INLET STA 14+15.15, 59.00' RT 10' REC. CURB INLET STA 14+67.44, 60.00' LT TC = 531.19 PC STA 13+10.41, 58.00' LT TC = 530.70 PT STA 13+95.35, 58.00' LT CURVE DATA NAME DELTA RADIUS TANGENT LENGTH CHORD BEARING LONG CHORD C22 90° 11' 41.17"(RT)30.00 30.1 47.23 S 45° 38' 00.62" E 42.50 C23 89° 56' 16.86"(LT)30.00 29.97 47.09 N 44° 25' 58.40" E 42.40 C24 90° 02' 55.81"(LT)20.00 20.02 31.43 N 45° 33' 37.94" W 28.30 C25 88° 30' 53.51"(LT)20.00 19.49 30.90 N 43° 43' 16.72" E 27.92 C26 03° 48' 21.97"(RT)1118.50 37.16 74.30 S 02° 26' 21.02" E 74.29 15' REC. CURB INLET STA 13+47.68, 59.00' RT25' DRIVEWAYSTA 13+53.49C26A 25° 37' 40.00" C26B 57° 41' 8.53"30.20 S 29° 22' 44.30" E 28.94 (RT) (RT) 30.00 30.00 CURVE DATA NAME DELTA RADIUS TANGENT LENGTH CHORD BEARING LONG CHORD C26C (RT)7.41 S 71° 54' 25.78" E C26D 122° 54' 3.33"(LT)N 61° 27' 1.67" E C26E 15° 38' 57.03"(RT)46.50 S 44° 32' 46.98" W 12.66 C26F 13° 15' 30.56"(LT)46.50 10.77 N 63° 35' 57.81" W 10.74 142° 44' 31.50"2.50 6.23 4.73 2.50 4.59 5.36 4.39 12.70 6.82 16.452 6.39 5.40 13.42 N 12° 16' 39.97" E 13.31 RIM = 530.54 1-6' STD. SDMH STA 14+89.61, 29.32' LT PROP PEDESTRIAN ESMT EXIST ROW FIRM #F-312. Texas 75081. TBPELS ENGINEERING North Bowser Road, Richardson, offices of Halff Associates, Inc. 1201 copy of this drawing is on file at the Engineering Practice Act. The record is an offense under the Texas notification to the responsible engineer a sealed document without proper PE# 142406 on 05/18/23. Alteration of was authorized by Jordan T. Viggiano, The seal appearing on this documentLICENSEDSTATEOF T EXAS P ROF ESS IONAL ENGINEER142406 JORDAN T. VIGGIANO 5 EXIST ROW 187 LEGEND 4" THICK SIDEWALK PAVEMENT PGL CONCRETE PAVEMENT 10" REINFORCED CONCRETE PAVEMENT 6" REINFORCED MEDIAN CONCRETE DRIVEWAY PAVEMENT 10" REINFORCED ASPHALT PAVEMENT BRICK PATTERN CONCRETE WITH STAMPED GRADING LIMITS NOTES: LINE ROAD CENTERLINE UNLESS OTHERWISE NOTED. OF CURB OR EDGE OF LANE AND ARE REFERENCE TO BELT ALL DIMENSIONS, STATIONS, AND OFFSETS ARE TO BACK1. DOCUMENTS" FOR ADDITIONAL INFORMATION. TO THE "CONSTRUCTION SPECIFICATIONS AND CONTRACT OF COPPELL AND NCTCOG TXDOT SPECIFICATIONS. REFER SHALL BE IN ACCORDANCE WITH THE APPROPRIATE CITY ALL PAVING CONSTRUCTION AND SUBGRADE PREPARATION2. ELEVATIONS. SECTIONS FOR DETAILED CROSS SLOPE AND CURB REFER TO TYPICAL PAVING SECTIONS AND CROSS3. ELEVATIONS FOR INTERSECTIONS. REFER TO GRADING PLANS FOR DETAILED CURB4. INFORMATION. PAVEMENT AND DRIVEWAY CONSTRUCTION PHASING REFER TO TRAFFIC CONTROL PLANS FOR LIMITS OF HES5. UTILITY ADJUSTMENTS. REFER TO UTILITY AND STORM DRAIN PLANS FOR CITY6. PROP PEDESTRIAN ESMT EXIST ROW PROP PEDESTRIAN ESMT PP TPED LP2 LP2 PP PP WV WV WVLT FH WV WV PP GW VLT COMM.VLT ELEC. EM VLT COMM. LPLP SIGN MON.SIGN18+00 19+00 20+00 PVI STA 19+05.00 ELEV = 528.56 -0.80%+0.80% 130.00' VC K = 81 ex = 0.26'VPC STA 18+40.00ELEV = 529.08VPT STA 19+70.00ELEV = 529.08LT TC PGL @ LT PGL EX. GROUND LP STA 19+05.00 LP ELEV 528.82 EX. 529.7EX. 529.6EX. 529.4EX. 529.5EX. 529.7EX. 529.9LT PGL 529.80LT PGL 529.40LT PGL 529.00LT PGL 528.82LT PGL 528.94LT PGL 529.32PVI STA 19+05.00 ELEV = 527.56 -0.80%+0.80% 130.00' VC K = 81 ex = 0.26'VPC STA 18+40.00ELEV = 528.08VPT STA 19+70.00ELEV = 528.08RT TC PGL @ RT PGL EX. GROUND LP STA 19+05.00 LP ELEV 527.82 EX. 528.0EX. 527.7EX. 527.2EX. 527.4EX. 528.0EX. 528.3RT PGL 528.80RT PGL 528.40RT PGL 528.00RT PGL 527.82RT PGL 527.94RT PGL 528.32NO.DATE REVISION DESCRIPTION CITY OF COPPELL, TEXAS DESIGN DRAWN DATE SCALE DATE:5/18/2023TIME:11:48:07 AMUSER:ah3293FILE NAME:I:\32000s\32664\001\CADD\SheetsRCH\32664-PAVE-05-REV5.dgnSCALE:HALFF_MON_PENTABLE.TBL1:20PENTABLE:PDF_2D_MON_MW_MR_300.pltPLOT DRIVER:ST16-01A AVO 32664 PROJECT CITY NO. SHEET TBPELS ENGINEERING FIRM #F-312 1201 NORTH BOWSER ROAD RICHARDSON, TEXAS 75081 (214) 346-6200 (TEL) 2023 FEB IH-635 TO SOUTHWESTERN S. BELT LINE ROAD RECONSTRUCTION FIRM #F-312. Texas 75081. TBPELS ENGINEERING North Bowser Road, Richardson, offices of Halff Associates, Inc. 1201 copy of this drawing is on file at the Engineering Practice Act. The record is an offense under the Texas notification to the responsible engineer a sealed document without proper PE# 101251 on 07/02/21. Alteration of was authorized by Jeffrey F. Roberts, The seal appearing on this documentNS. BELT LINE RD SHEET 5 OF 21 PLAN AND PROFILE AS NOTEDGAHJFRMATCH LINE STA 17+50MATCH LINE STA 20+5059'49'7'TC = 527.91 STA 18+65.63, 46.00' RT TC = 527.82 STA 19+65.61, 57.00' RT 46.00' RT RT PGL S. BELT LINE RD PAVING 46.00' LT LT PGL 131' R.O.W.18+00 19+00 20+00 525 530 535 525 530 535 MATCH LINE STA 17+50MATCH LINE STA 20+505 ' SIDEWALK 5' SIDEWALK EASEMENT 10.45' PEDESTRIAN PROPOSED 525 530 525 530 520520 TC = 529.53 PT STA 17+53.49, 58.00' LT 42 6 80 VERTICAL SCALE IN FEET HORIZONTAL SCALE IN FEET 2010 30 400 REFER TO GRADING PLAN END SIDEWALK WALL STA 17+58.57, 70.00' LT TC = 529.52 PC STA 17+79.55, 2.00' LT 5' SIDEWALK BACK OF CURB END SIDEWALK 7' OFF STA 20+20.59, 70.00' LT OF CURB BEGIN SIDEWALK ALONG BACK STA 20+27.59, 63.00' LT EASEMENT 20' UTILITY EXISTING TC = 528.46 STA 17+63.80, 57.00' RT 5 5 5-18-2023 REVISION 5 THROUGH FUTURE DRIVEWAY INSTALL CURB 48 1' OFFSET FROM LANE LINE (SRF)(WFLX)(20' SPACING) INSTALL BOLT DOWN DELINEATORS TC = 528.02 STA 18+48.30, 46.00' RT TC = 528.21 STA 18+25.08, 57.00' RT2.00%17+50.000.58%20+50.001.26%20+50.002.00%18+78.002.00%19+70.002.00%EX. WATER VAULT CONTRACTOR TO PROTECT RIM = 528.56 1-6' STD. SDMH STA 19+14.08, 29.46' LT 10' REC. CURB INLET STA 18+03.24, 60.00' LT 10' REC. CURB INLET STA 19+05.00, 60.00' LT 10' REC. CURB INLET STA 19+15.50, 53.50' RT GRATE INLET 15' TXDOT CURB AND STA 17+54.45, 57.00' RT CURVE DATA NAME DELTA RADIUS TANGENT LENGTH CHORD BEARING LONG CHORD C26G 50° 42' 12.67"(LT)N 25° 53' 16.37" W C26G 30.00 14.21 26.55 25.692.00%17+50.00EXIST ROW FIRM #F-312. Texas 75081. TBPELS ENGINEERING North Bowser Road, Richardson, offices of Halff Associates, Inc. 1201 copy of this drawing is on file at the Engineering Practice Act. The record is an offense under the Texas notification to the responsible engineer a sealed document without proper PE# 142406 on 05/18/23. Alteration of was authorized by Jordan T. Viggiano, The seal appearing on this documentLICENSEDSTATEOF T EXAS P ROF ESS IONAL ENGINEER142406 JORDAN T. VIGGIANO 5 188 189 190 191 Removal 27.33 SY $7.69 $210.17 64.09 SY $7.69 $492.85 71.58 SY $7.69 $550.45 29.88 SY $7.69 $229.78 Street 88.99 SY $78.10 $6,950.12 150.76 SY $78.10 $11,774.36 40.3 SY $78.10 $3,147.43 186.64 SY $78.10 $14,576.58 193.92 SY $78.10 $15,145.15 20.47 SY $78.10 $1,598.71 Driveway 114.65 SY $78.10 $8,954.17 96.15 SY $78.10 $7,509.32 102.82 SY $78.10 $8,030.24 Remove Curb Inlet 4 EA $552.11 $2,208.44 18" RCP Pipe 20 LF $135.53 $2,710.60 24" RCP Pipe 13 LF $130.88 $1,701.44 21" RCP Pipe 88 LF $100.95 $8,883.60 Slotted Drain 1 EA $19,069.71 $19,069.71 15' TxDOT Curb and Grate Inlet 2 EA $11,200.00 $22,400.00 20' Recessed Curb Inlet 1 EA $14,000.00 $14,000.00 15' Recessed Curb Inlet 1 EA $10,200.00 $10,200.00 Total Victory Entrances / Strom Drain $160,343.11 Traffic Signal Hackberry / S Belt Line 1 EA $576,493.87 $576,493.87 0.25 Signal Design $40,000.00 Victory entrance/storm drain $160,343.11 25% of Traffic Signal $144,123.47 Total All Cost $344,466.57 Storm Drain for Victory Turn Lane and Driveway Paving for Victory 192 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7087 File ID: Type: Status: 2023-7087 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 09/01/2023File Created: Final Action: Sidewalk at CanyonFile Name: Title: Consider approval of TIPS contract award to C&J’s Designs and Solutions of East Texas, LLC; for the construction of a sidewalk along Canyon Drive; in the amount of $166,705.00; as provided for in the Infrastructure Maintenance Fund’s Fund Balance; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Sidewalk Exhibit.pdf, Canyon Sidewalk Infill Bid Tab.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7087 Title Consider approval of TIPS contract award to C&J’s Designs and Solutions of East Texas, LLC; for the construction of a sidewalk along Canyon Drive; in the amount of $166,705.00; as provided for in the Infrastructure Maintenance Fund’s Fund Balance; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this Agenda Item is $166,705.00 as provided for from the IMF fund balance. Staff Recommendation: The Public Works Department recommends approval. Page 1City of Coppell, Texas Printed on 9/8/2023 193 Master Continued (2023-7087) Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 9/8/2023 194 1 MEMORANDUM To: Mayor and City Council From: Jamie Brierton, Capital Programs Administrator Mike Garza, P.E., Director of Public Works Date: September 12, 2023 Reference: Consider approval of awarding a contract with C&J’s Designs and Solutions of East Texas, LLC, for the construction of a sidewalk along Canyon Drive, in the amount of $166,705.00; as provided for in the Infrastructure Maintenance Fund’s Fund Balance; and authorizing the City Manager to sign any necessary documents 2040: Enhance the Unique 'Community Oasis' Experience Introduction: This agenda item is to consider approval of awarding a contract with C&J’s Designs and Solutions of East Texas, LLC, for the construction of a sidewalk along Canyon Drive, in the amount of $166,705.00; as provided for in the Infrastructure Maintenance Fund’s Fund Balance. Background:  In late 2022, a request was made for sidewalk infill from the new Vari Corporate Headquarters along Canyon Drive to N. Coppell Road to add pedestrian connectivity to the area businesses and residents. The scope includes new sidewalk, relocating utilities and additional ADA compliant accessible crossings and connections. In November 2022, the survey scope of work was prepared, and the survey was completed in January 2023. The design work continued in-house, where it was determined that a sidewalk easement would be required from a property owner along Canyon Drive. In April 2023 an engineering firm prepared the easement documents, and they were executed in mid-July 2023 while the design work was being finalized. In July 2023, three bids were received from contractors to complete this work, ranging from $166,705.00 to $200,760.00. The lowest bid was from C&J’s Designs & Solutions of East Texas, LLC. C&J has performed several paving and sidewalk projects successfully with The City of Coppell. 195 2 Benefit to the Community: The sidewalk infill will add pedestrian connectivity to the area businesses and residents and creates additional ADA compliant accessible crossings and connections. 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 $166,705.00 as provided for from the IMF fund balance.   Recommendation:  The Public Works Department recommends approval of this contract. 196 Proposed Sidewalk Infill Canyon Drive City of Coppell Project SW22-01 Created in CIVIL3D 1 INCH = 1 MILE 0 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2023.dwg\SW22-01 CANYON DR Created on: 5 September 2023 by Scott Latta 1/2 1/2 1 197 1 INCH = FT. 0 300 300 150 Proposed Sidewalk Infill Canyon Drive City of Coppell Project SW22-01 Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2023.dwg\SW22-01 CANYON DR Created on: 5 September 2023 by Scott Latta 2/2 AREA OF PROPOSED SIDEWALK INFILL AREA OF EXECUTED SIDEWALK EASEMENT N COPPELL RDCANYON DRIVE NORTHWESTERN DR198 CANYON DRIVE SIDEWALK INFILL CITY OF COPPELL, TEXAS 1 2 3 PROJECT NO. SW22-01 ITEM No. ITEM DESCRIPTION BID QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT I-1 MOBILIZATION 1 LS $2,500.00 $2,500.00 $20,000.00 $20,000.00 $6,000.00 $6,000.00 I-2 PROJECT SIGNS 1 EA $1,000.00 $1,000.00 $1,000.00 $1,000.00 $4,000.00 $4,000.00 I-3 PREPARE AND IMPLEMENT TRAFFIC CONTROL PLAN 1 LS $7,650.00 $7,650.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00 I-4 PREPARE AND IMPLEMENT STORM WATER POLLUTION PREVENTION PLAN 1 LS $3,750.00 $3,750.00 $3,500.00 $3,500.00 $3,000.00 $3,000.00 I-5 PROJECT COMMUNICATION 1 LS $3,500.00 $3,500.00 $5,000.00 $5,000.00 $2,500.00 $2,500.00 I-6 SAWCUT, REMOVE & DISPOSE EXISTING CONCRETE (ALL THICKNESS)75 SY $56.00 $4,200.00 $200.00 $15,000.00 $15.00 $1,125.00 I-7 4" REINFORCED CONCRETE SIDEWALK 960 SY $75.00 $72,000.00 $72.00 $69,120.00 $95.00 $91,200.00 I-8 SUBGRADE PREPARATION 1150 SY $9.00 $10,350.00 $30.00 $34,500.00 $12.00 $13,800.00 I-9 UNCLASSIFIED EXCAVATION 130 CY $54.00 $7,020.00 $50.00 $6,500.00 $45.00 $5,850.00 I-10 FLEXBASE (UNIT RATE)155 TON $50.00 $7,750.00 $50.00 $7,750.00 $47.00 $7,285.00 I-11 RESTORE DISTURBED AREAS 1 LS $9,850.00 $9,850.00 $3,000.00 $3,000.00 $8,000.00 $8,000.00 I-12 RESTORE EXISITNG IRRIGATION 1 LS $5,500.00 $5,500.00 $3,000.00 $3,000.00 $5,000.00 $5,000.00 I-13 CONSTRUCT TxDOT TYPE 3 PEDESTRIAN RAMP 1 EA $2,895.00 $2,895.00 $2,000.00 $2,000.00 $3,500.00 $3,500.00 I-14 CONSTRUCT TxDOT TYPE 1 PEDESTRIAN RAMP 1 EA $2,895.00 $2,895.00 $2,000.00 $2,000.00 $4,000.00 $4,000.00 I-15 CONSTRUCT TxDOT TYPE 7 PEDESTRIAN RAMP 1 EA $2,845.00 $2,845.00 $2,000.00 $2,000.00 $4,500.00 $4,500.00 I-16 PAVEMENT CROSSWALK STRIPING AND CROSSWALK APPROACH 1 LS $5,500.00 $5,500.00 $2,500.00 $2,500.00 $8,000.00 $8,000.00 I-17 CROSSWALK SIGNS 6 EA $1,250.00 $7,500.00 $500.00 $3,000.00 $3,000.00 $18,000.00 X-1 PROJECT CONTINGENCY 1 LS $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 TOTAL AMOUNT $166,705.00 $199,870.00 $200,760.00 C&J's Designs and Solutions of East Texas, LLC Laughley Bridge Advance Contracting Group 199 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7089 File ID: Type: Status: 2023-7089 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 09/01/2023File Created: Final Action: Woodhurst Drive ReconstructionFile Name: Title: Consider approval of awarding Bid #Q-0723-01 to Reliable Paving, Inc.; for the re-construction of Woodhurst Drive; in the amount of $4,843,494.15; as provided for in the 2020 Bond issue; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Exhibit.pdf, Bid Tab.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7089 Title Consider approval of awarding Bid #Q-0723-01 to Reliable Paving, Inc.; for the re-construction of Woodhurst Drive; in the amount of $4,843,494.15; as provided for in the 2020 Bond issue; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this Agenda Item is $4,843,494.15 as provided for in the 2020 Bond issue. Staff Recommendation: Th Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 9/8/2023 200 Master Continued (2023-7089) Page 2City of Coppell, Texas Printed on 9/8/2023 201 1 MEMORANDUM To: Mayor and City Council From: Jamie Brierton, Capital Programs Administrator Mike Garza, P.E., Director of Public Works Date: September 12, 2023 Reference: Consider approval of awarding Bid #Q-0723-01 to Reliable Paving, Inc.; for the re- construction of Woodhurst Drive; in the amount of $4,843,494.15; as provided for in the 2020 Bond issue; and authorizing the City Manager to sign any necessary documents. 2040: Sustainable Government Introduction:   This agenda item is to consider approval of awarding a contract with Reliable Paving, Inc., for the re-construction of Woodhurst Drive, in the amount of $4,843,494.15, as provided for in the 2020 Bond issue. Background:   This reconstruction project is part of the ongoing effort to maintain and rehabilitate City’s roadway and utility system infrastructure. Woodhurst Drive was originally constructed in the late 1970’s and has reached the end of its useful life. In November of 2020, the City contracted with Westra Consultants, LLC to perform the design work for the reconstruction of this roadway. The improvements include new paving, utilities, and sidewalks, as well as improvements to drainage and accessibility. This project was budgeted at $6,000,000 and in July 2023, four bids were received from contractors to complete this work, ranging from $4,843,494.15 in 330 days to $6,399,503.90 in 400 days. The lowest bid and number of project days was from Reliable Paving, Inc. Although the City has not utilized Reliable Paving for any past projects, Westra Consultants has completed a letter of recommendation based on the references for similar projects in other municipalities. A neighborhood meeting will be held prior to construction commencing. Meeting invitations will be sent by letter, and several informational signs will be placed along the intersections, including a large 202 2 one at the park. The letters and signage will allow residents to scan a QR code to view the plans and leave comments in advance of the neighborhood meeting. The construction is expected to take 330 days with an anticipated start date in October of 2023 and a completion date in the fall of 2024. Benefit to the Community:     This project will improve the infrastructure in the neighborhood.    Legal Review:     The City Attorney has reviewed the contract.         Fiscal Impact:     The fiscal impact of this Agenda Item is $4,843,494.15 as provided for in the 2020 Bond issue.      Recommendation:     The Public Works Department recommends approval of this item. 203 Woodhurst Dr Reconstruction City of Coppell Project ST19-02 Created in CIVIL3D 1 INCH = 1 MILE 0 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2023.dwg\ST19-02 WOODHURST Created on: 6 September 2023 by Scott Latta 1/2 1/2 1 204 1 INCH = FT. 0 400 400 200 Woodhurst Dr Reconstruction City of Coppell Project ST19-02 Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2023.dwg\ST19-02 WOODHURST Created on: 6 September 2023 by Scott Latta AREA OF PROPOSED STREET REPLACEMENT 2/2 W O O D H U R S T D R I V E WOOD H U R S T D RI V E 205 206 207 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7090 File ID: Type: Status: 2023-7090 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 09/01/2023File Created: Final Action: ESRI - Enterprise LicensingFile Name: Title: Consider approval to enter into a Small Government Enterprise Agreement (SGEA) with Environmental Systems Research Institute (ESRI); for Geographical Information Systems (GIS) Software Licensing and maintenance; in the amount of $100,200.00 over a three-year period; as budgeted in the General Fund; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Quote.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7090 Title Consider approval to enter into a Small Government Enterprise Agreement (SGEA) with Environmental Systems Research Institute (ESRI); for Geographical Information Systems (GIS) Software Licensing and maintenance; in the amount of $100,200.00 over a three-year period; as budgeted in the General Fund; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this Agenda Item is $100,200 over a three-year period (if budgeted). The fiscal impact for FY 2023-24 is $22,000 as budgeted in the General Fund. Staff Recommendation: The Public Works Department recommends approval. Page 1City of Coppell, Texas Printed on 9/8/2023 208 Master Continued (2023-7090) Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 9/8/2023 209 1 MEMORANDUM To: Mayor and City Council From: Mike Garza, P.E., Director of Public Works Date: September 12, 2023 Reference: Consider approval to enter into a Small Government Enterprise Agreement (SGEA) with Environmental Systems Research Institute (ESRI) for Geographical Information Systems (GIS) Software Licensing and maintenance; in the amount of $100,200.00 over a three-year period as budgeted in the General Fund; and authorizing the City Manager to sign any necessary documents. 2040: Sustainable Government Introduction:  This agenda item is to consider approval to enter into a Small Government Enterprise Agreement (SGEA) with Environmental Systems Research Institute (ESRI) for Geographical Information Systems (GIS) Software Licensing and maintenance; in the amount of $100,200.00 over a three-year period; as budgeted in the General Fund. ESRI is offering a discount in year one to account for the effort in converting to an enterprise license. Background:  The City of Coppell has been using Esri products to meet our GIS needs for the last 20 years. Historically, GIS was primarily used for map creation, but our requirements have evolved significantly over the years beyond that basic need. Today, GIS is crucial across many departments, aiding in citizen and staff engagement, planning efforts, emergency response, and utility asset management. The Esri software and its accompanying data are integral with multiple third-party software solutions, including Cartegraph, Tyler Enterprise Permitting & Licensing, and Computer Aided Dispatch Systems utilized by Police and Fire. Our current license is based on a per seat model at a cost of $11,000 annually for two seats, which limits the ability to leverage GIS fully. For the City’s GIS program to advance further, moving to the SGEA licensing model is essential, as it offers a greater cost-effective and flexible licensing model. This agreement includes full software maintenance and support, including access to future upgrades, updates and patches. This allows the City to take advantage of a multitude of Esri applications, while expanding access to more users across the City. 210 2 This agreement is for three years with a first-year cost of $22,000, year 2 will be $38,500 and year 3 will be $39,700 for a total of $100,200. After this three-year term, the contract may be renewed for an additional three-year term. This agreement is for the three-year commitment, however, the payments for the fiscal years beyond FY 23/24 are subject to appropriation of funds in future fiscal years. Benefit to the Community:    This contract will allow the City to take advantage of a multitude of ESRI applications which will allow staff to enhance the customer experience.   Legal Review:    The City Attorney has reviewed the agreement.     Fiscal Impact:    The fiscal impact of this Agenda Item is $100,200 over a three-year period (if budgeted). The fiscal impact for FY 2023-24 is $22,000 as budgeted in the General Fund.     Recommendation:    The Public Works Department recommends approval of this agreement.   211 380 New York Street 909.793.2853 esri.com Redlands, California 92373-8100 USA info@esri.com August 1, 2023 Mike Garza City of Coppell 265 E Parkway Blvd Coppell, TX 75019-6675 Dear Mike, The Esri Small Municipal and County Government Enterprise Agreement (SGEA) is a three-year agreement that will grant your organization access to Esri term license software. The EA will be effective on the date executed and will require a firm, three-year commitment. Based on Esri's work with several organizations similar to yours, we know there is significant potential to apply Geographic Information System (GIS) technology in many operational and technical areas within your organization. For this reason, we believe that your organization will greatly benefit from an Enterprise Agreement (EA). An EA will provide your organization with numerous benefits including:  A lower cost per unit for licensed software  Substantially reduced administrative and procurement expenses  Complete flexibility to deploy software products when and where needed The following business terms and conditions will apply:  All current departments, employees, and in-house contractors of the organization will be eligible to use the software and services included in the EA.  If your organization wishes to acquire and/or maintain any Esri software during the term of the agreement that is not included in the EA, it may do so separately at the Esri pricing that is generally available for your organization for software and maintenance.  The organization will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users.  The organization will establish a Tier 1 support center to field calls from internal users of Esri software. The organization may designate individuals as specified in the EA who may directly contact Esri for Tier 2 technical support.  The organization will provide an annual report of installed Esri software to Esri.  Esri software and updates that the organization is licensed to use will be automatically available for downloading.  The fee and benefits offered in this EA proposal are contingent upon your acceptance of Esri’s Small Municipal and County Government EA terms and conditions. 212 Small Government Enterprise Agreement  Licenses are valid for the term of the EA. This program offer is valid for 90 days. To complete the agreement within this time frame, please contact me within the next seven days to work through any questions or concerns you may have. To expedite your acceptance of this EA offer: 1. Sign and return the EA contract with a Purchase Order or issue a Purchase Order that references this EA Quotation and includes the following statement on the face of the Purchase Order: "THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND CONDITIONS OF THE ESRI SMALL MUNICIPAL AND COUNTY GOVERNMENT EA, AND ADDITIONAL TERMS AND CONDITIONS IN THIS PURCHASE ORDER WILL NOT APPLY." Have it signed by an authorized representative of the organization. 2. On the first page of the EA, identify the central point of contact/agreement administrator. The agreement administrator is the party that will be the contact for management of the software, administration issues, and general operations. Information should include name, title (if applicable), address, phone number, and e-mail address. 3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization. 4. Send the purchase order and agreement to the address, email or fax noted below: Esri Attn: Customer Service SG-EA 380 New York Street Redlands, CA 92373-8100 e-mail: service@esri.com fax documents to: 909-307-3083 I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to your organization. Thank you very much for your consideration. Best Regards, Sean Gill 213 Quotation # Q-502315 Date: August 1, 2023 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 Customer # 134308 Contract # City of Coppell Engineering Dept 265 E Parkway Blvd Coppell, TX 75019-6675 To expedite your order, please attach a copy of ATTENTION: Mike Garza this quotation to your purchase order. PHONE: Quote is valid from: 8/1/2023 To: 10/30/2023 EMAIL: mgarza@coppelltx.gov Material Qty Term Unit Price Total 168178 1 Year 1 $22,000.00 $22,000.00 Populations of 25,001 to 50,000 Small Government Enterprise Agreement Annual Subscription 168178 1 Year 2 $38,500.00 $38,500.00 Populations of 25,001 to 50,000 Small Government Enterprise Agreement Annual Subscription 168178 1 Year 3 $39,700.00 $39,700.00 Populations of 25,001 to 50,000 Small Government Enterprise Agreement Annual Subscription Subtotal:$100,200.00 Sales Tax:$0.00 Estimated Shipping and Handling (2 Day Delivery):$0.00 Contract Price Adjust:$0.00 Total:$100,200.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Sean Gill Email: s.gill@esri.com Phone: (909) 793-2853 x8828 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA. GILLS This offer is limited to the terms and conditions incorporated and attached herein. 214 Quotation # Q-502315 Date: August 1, 2023 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 Customer # 134308 Contract # City of Coppell Engineering Dept 265 E Parkway Blvd Coppell, TX 75019-6675 To expedite your order, please attach a copy of ATTENTION: Mike Garza this quotation to your purchase order. PHONE: Quote is valid from: 8/1/2023 To: 10/30/2023 EMAIL: mgarza@coppelltx.gov _________________________________________________________________________________________________________________________________ If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request. If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order. In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document. BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $___________, PLUS SALES TAXES IF APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. Please check one of the following: ___ I agree to pay any applicable sales tax. ___ I am tax exempt, please contact me if exempt information is not currently on file with Esri. ___________________________________________ ________________________ Signature of Authorized Representative Date ___________________________________________ Name (Please Print) ___________________________________________ Title _________________________________________________________________________________________________________________________________ The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri). Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Sean Gill Email: s.gill@esri.com Phone: (909) 793-2853 x8828 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA. GILLS This offer is limited to the terms and conditions incorporated and attached herein. 215 Esri Use Only: Cust. Name Cust. # PO # Esri Agreement # Page 1 of 6 January 3, 2023 SMALL ENTERPRISE AGREEMENT COUNTY AND MUNICIPALITY GOVERNMENT (E214-2) This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A List of Products Uncapped Quantities Desktop Software and Extensions (Single Use) ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise (Advanced and Standard) ArcGIS Monitor ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Additional Capability Servers ArcGIS Image Server Developer Tools ArcGIS Runtime Standard ArcGIS Runtime Analysis Extension Limited Quantities One (1) Professional subscription to ArcGIS Developer Two (2) ArcGIS CityEngine Single Use Licenses 100 ArcGIS Online Viewers 100 ArcGIS Online Creators 17,500 ArcGIS Online Service Credits 100 ArcGIS Enterprise Creators 3 ArcGIS Insights in ArcGIS Enterprise 3 ArcGIS Insights in ArcGIS Online 10 ArcGIS Location Sharing for ArcGIS Enterprise 10 ArcGIS Location Sharing for ArcGIS Online 3 ArcGIS Parcel Fabric User Type Extensions (Enterprise) 3 ArcGIS Utility Network User Type Extensions (Enterprise) 3 ArcGIS Trace Network User Type Extensions (Enterprise) OTHER BENEFITS Number of Esri User Conference registrations provided annually 3 Number of Tier 1 Help Desk individuals authorized to call Esri 3 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement *Additional sets of backup media may be purchased for a fee 216 Page 2 of 6 January 3, 2023 Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date"). Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: (Customer) By: Authorized Signature Printed Name: Title: Date: CUSTOMER CONTACT INFORMATION Contact: Telephone: Address: Fax: City, State, Postal Code: E-mail: Country: Quotation Number (if applicable): 217 Page 3 of 6 January 3, 2023 1.0—ADDITIONAL DEFINITIONS In addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization(s). "Fee" means the fee set forth in the Quotation. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement. "Master Agreement" means the applicable master agreement for Esri Products incorporated by this reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. "Product(s)" means the products identified in Table A—List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contact(s) to provide all Tier 1 Support within Customer's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Esri Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. 2.0—ADDITIONAL GRANT OF LICENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the Term of Agreement (i) for the applicable Fee and (ii) in accordance with the Master Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third-party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. 3.0—TERM, TERMINATION, AND EXPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate upon expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government- 218 Page 4 of 6 January 3, 2023 owned entities, either party may terminate this Agreement before any subsequent year if Customer is unable to secure funding through the legislative or governing body's approval process. 3.5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. 4.0—PRODUCT UPDATES 4.1 Future Updates. Esri reserves the right to update the list of Products in Table A—List of Products by providing written notice to Customer. Customer may continue to use all Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Customer via written notice for incorporation into the Products schedule at no additional charge. Customer's use of new or updated Products requires Customer to adhere to applicable additional or revised terms and conditions in the Master Agreement. 4.2 Product Life Cycle. During the Term of Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at https://support.esri.com/en/other- resources/product-life-cycle. Updates for Products in the mature and retired phases may not be available. Customer may continue to use Products already Deployed, but Customer will not be able to Deploy retired Products. 5.0—MAINTENANCE The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at https://www.esri.com/en- us/legal/terms/maintenance). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a. Tier 1 Support 1. Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer's authorized users. 2. The Tier 1 Help Desk will be fully trained in the Products. 3. At a minimum, Tier 1 Support will include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. 4. The Tier 1 Help Desk will be the initial point of contact for all questions and reporting of a Case. The Tier 1 Help Desk will obtain a full description of each reported Case and the system configuration from the user. This may include obtaining any customizations, code samples, or data involved in the Case. 5. If the Tier 1 Help Desk cannot resolve the Case, an authorized Tier 1 Help Desk individual may contact Tier 2 Support. The Tier 1 Help Desk will provide support in such a way as to minimize repeat calls and make solutions to problems available to Customer’s organization. 6. Tier 1 Help Desk individuals are the only individuals authorized to contact Tier 2 Support. Customer may change the Tier 1 Help Desk individuals by written notice to Esri. b. Tier 2 Support 1. Tier 2 Support will log the calls received from Tier 1 Help Desk. 2. Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. 3. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to 219 Page 5 of 6 January 3, 2023 supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. 5. When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 6.0—ENDORSEMENT AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Either party may publicize the existence of this Agreement. 7.0—ADMINISTRATIVE REQUIREMENTS 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement, Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. 8.0—ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT 8.1 Orders, Delivery, and Deployment a. Upon the Effective Date, Esri will invoice Customer and provide Authorization Codes to activate the nondestructive copy protection program that enables Customer to download, operate, or allow access to the Products. If this is a multi-year Agreement, Esri may invoice the Fee up to thirty (30) calendar days before the annual anniversary date for each year. b. Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri reserves the right to suspend Customer's access to and use of Products if Customer fails to pay any undisputed amount owed on or before its due date. Esri may charge Customer interest at a monthly rate equal to the lesser of one percent (1.0%) per month or the maximum rate permitted by applicable law on any overdue fees plus all expenses of collection for any overdue balance that remains unpaid ten (10) days after Esri has notified Customer of the past-due balance. c. Esri's federal ID number is 95-2775-732. d. If requested, Esri will ship backup media to the ship-to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Customer acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Customer will pay any such sales or use tax associated with the receipt of tangible media. 8.2 Order Requirements. Esri does not require Customer to issue a purchase order. Customer may submit a purchase order in accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its initial purchase order on the Effective Date. If this is a multi-year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each year. a. All orders pertaining to this Agreement will be processed through Customer's centralized point of contact. b. The following information will be included in each Ordering Document: (1) Customer name; Esri customer number, if known; and bill-to and ship-to addresses (2) Order number (3) Applicable annual payment due 220 Page 6 of 6 January 3, 2023 9.0—MERGERS, ACQUISITIONS, OR DIVESTITURES If Customer is a commercial entity, Customer will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9.2 If an Ownership Change results in transfer or sale of a portion of Customer's organization, that portion of Customer's organization will transfer the Products to Customer or uninstall, remove, and destroy all copies of the Products. 9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Customer will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. 221 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7096 File ID: Type: Status: 2023-7096 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 09/07/2023File Created: Final Action: AtmosFile Name: Title: Consider approval of a Resolution of the City Council of the City of Coppell, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division regarding the Company’s 2023 rate review mechanism filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the settlement; approving an attachment establishing a benchmark for pensions and retiree medical benefits; finding the rates to be set by the tariffs to be just and reasonable and in the public interest; requiring the Company to reimburse ACSC’s reasonable ratemaking expenses; determining that this Resolution was passed in accordance with the requirements of the Texas Open Meetings Act; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, CY22 MTX RRM - Tariffs.pdf, CY22 MTX RRM - Average Bill.pdf, CY22 MTX RRM - Pension Benchmark.pdf, Atmos Mid-Tex Resolution.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7096 Title Consider approval of a Resolution of the City Council of the City of Coppell, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division regarding the Company’s 2023 rate review mechanism filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the settlement; approving an attachment establishing a benchmark for pensions and retiree medical benefits; finding the rates to be set by the Page 1City of Coppell, Texas Printed on 9/8/2023 222 Master Continued (2023-7096) tariffs to be just and reasonable and in the public interest; requiring the Company to reimburse ACSC’s reasonable ratemaking expenses; determining that this Resolution was passed in accordance with the requirements of the Texas Open Meetings Act; and authorizing the Mayor to sign. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: Staff recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 9/8/2023 223 MEMORANDUM To: Mayor and City Council From: Kent Collins, P.E., Deputy City Manager Date: September 12, 2023 Reference: Consider approval of a Resolution of the City Council of the City of Coppell, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division regarding the Company’s 2023 rate review mechanism filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the settlement; approving an attachment establishing a benchmark for pensions and retiree medical benefits; finding the rates to be set by the tariffs to be just and reasonable and in the public interest; requiring the Company to reimburse ACSC’s reasonable ratemaking expenses; determining that this resolution was passed in accordance with the requirements of the Texas Open Meetings Act; and authorizing the Mayor to sign. 2040: Sustainable City Government Introduction: The proposed Resolution declares that existing rates are unreasonable, which is necessary to adopt new tariffs, and approves a negotiated settlement between ACSC cities and Atmos Energy Corporation to adopt tariffs that reflect rate adjustments consistent with the settlement. The effective date for new rates is October 1, 2023. The attachments include the tariff summary, average bill comparisons, and benchmarks for pensions and retiree medical benefits. Background: The City, along with 181 other Mid-Texas cities served by Atmos Energy Corporation, Mid-Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC”). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation). That settlement created a substitute rate review process, referred to as Rate Review Mechanism (“RRM”), as a substitute for future filings under the GRIP statute. 224 ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by ignoring declining expenses and increasing revenues while rewarding the Company for increasing capital investment on an annual basis. The GRIP process does not allow any review of the reasonableness of capital investment and does not allow cities to participate in the Railroad Commission’s review of annual GRIP filings or allow recovery of Cities’ rate case expenses. The Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full hearing) and rate increases go into effect without any material adjustments. In ACSC’s view, the GRIP process unfairly raises customers’ rates without any regulatory oversight. In contrast, the RRM process has allowed for a more comprehensive rate review and annual evaluation of expenses and revenues, as well as capital investment. Since 2007, there have been several modifications to the original RRM Tariff. The most recent iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018. On or about March 31, 2023, the Company filed a rate request pursuant to the RRM Tariff adopted by ACSC members. The Company claimed that its cost-of-service in a test year ending December 31, 2022, entitled it to additional system-wide revenues of $165.9 million. Application of the standards set forth in ACSC’s RRM Tariff reduces the Company’s request to $156.1 million, $113.8 million of which would be applicable to ACSC members. After reviewing the filing and conducting discovery, ACSC’s consultants concluded that the system-wide deficiency under the RRM regime should be $130.9 million instead of the claimed $156.1 million. After several settlement meetings, Atmos and ACSC has agreed to settle the case for $142 million. This is a reduction of $23.9 million to the Company’s initial request. This includes payment of ACSC’s expenses. The settlement also includes an additional $19.5 million for the securitization regulatory asset expenses related to Winter Storm Uri. This was previously approved by the Texas Legislature and Railroad Commission. The Effective Date for new rates is October 1, 2023. Atmos-generated rate tariffs attached to the Resolution/Ordinance will generate $142 million in additional revenues. Atmos also prepared a Proof of Revenues supporting the settlement figures. ACSC consultants have agreed that Atmos’ Proof of Revenues is accurate. The impact of the settlement on average residential rates is an increase of $6.47 on a monthly basis, or 7.31%. The increase for average commercial usage will be $24.72 or 5.19%. Atmos provided bill impact comparisons containing these figures. The Legislature’s GRIP process allowed gas utilities to receive annual rate increases associated with capital investments. The RRM process has proven to result in a more efficient and less costly (both from a consumer rate impact perspective and from a ratemaking perspective) than the GRIP process. Given Atmos Mid-Tex’s claim that its historic cost of service should entitle it to recover $165.9 million in additional system-wide revenues, the RRM settlement at $142 million for ACSC members reflects substantial savings to ACSC cities. Settlement at $142 million is considered to be fair and reasonable. Benefit to Community: The proposed resolution will approve Atmos RRM Tariff that reflects negotiated rates that are less than originally requested by Atmos Mid-Tex and are considered to be fair and reasonable. 225 Legal Review: The City Attorney has reviewed this item. Fiscal Impact: There is no fiscal impact associated with this item. Recommendation: Staff recommends approval of the resolution. 226 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: R – RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2023 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 22.25 per month Rider CEE Surcharge $ 0.05 per month 1 Total Customer Charge $ 22.30 per month Commodity Charge – All Ccf $0.48567 per Ccf 2 Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. 1Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2023. 2The commodity charge includes the base rate amount of $0.46724 per Ccf and Securitization Regulatory Asset amounts related to financing costs in the amount of $0.01843 per Ccf until recovered. Attachment 1 227 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: C – COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2023 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 72.00 per month Rider CEE Surcharge ($ 0.02) per month 1 Total Customer Charge $ 71.98 per month Commodity Charge – All Ccf $ 0.18280 per Ccf 2 Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Presumption of Plant Protection Level For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal, regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer believes it needs to be modeled at an alternative plant protection volume, it should contact the company at mdtx.plantprotection@atmosenergy.com. 1 Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2023. 2The commodity charge includes the base rate amount of $0.16437 per Ccf and Securitization Regulatory Asset amounts related to financing costs in the amount of $0.01843 per Ccf until recovered. Attachment 1 228 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I – INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2023 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 200 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 200 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,382.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.7484 per MMBtu 1 Next 3,500 MMBtu $ 0.5963 per MMBtu1 All MMBtu over 5,000 MMBtu $ 0.2693 per MMBtu1 Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled “Daily Price Survey.” Replacement Index In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees 1 The tiered commodity charges include the base rate amounts of $0.5684, $0.4163, and $0.0893 per MMBtu, respectively, plus Securitization Regulatory Asset amounts related to financing costs in the amount of $0.1800 per MMBtu until recovered. Attachment 1 229 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I – INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2023 utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Presumption of Plant Protection Level For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal, regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer believes it needs to be modeled at an alternative plant protection volume, it should contact the company at mdtx.plantprotection@atmosenergy.com. Attachment 1 230 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T – TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2023 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer’s agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,382.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.5684 per MMBtu Next 3,500 MMBtu $ 0.4163 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0893 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest “midpoint” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” during such month, for the MMBtu of Customer’s monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer’s receipt quantities for the month. Attachment 1 231 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T – TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2023 Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled “Daily Price Survey.” Replacement Index In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Attachment 1 232 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2023 Provisions for Adjustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA i = WNAF i x q ij Where q ij is the relevant sales quantity for the jth customer in ith rate schedule. Attachment 1 233 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2023 Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 9.51 0.1415 88.91 0.7010 Austin 8.87 0.1213 213.30 0.7986 Dallas 12.54 0.2007 185.00 0.9984 Waco 8.81 0.1325 125.26 0.7313 Wichita Falls 10.36 0.1379 122.10 0.6083 Weather Normalization Adjustment (WNA) Report On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Attachment 1 234 Line No.Current Proposed Amount Percent (b)(c)(d)(e) 1 Rate R @ 43.6 Ccf 2 Customer charge 21.55$ 3 Consumption charge 43.6 CCF X 0.36223$ =15.79 4 Rider GCR Part A 43.6 CCF X 0.63625$ =27.74 5 Rider GCR Part B 43.6 CCF X 0.41732$ =18.20 6 Subtotal 83.28$ 7 Rider FF & Rider TAX 83.28$ X 0.06237 =5.19 8 Total 88.47$ 9 10 Customer charge 22.25$ 11 Consumption charge 43.6 CCF X 0.48567$ =21.18 12 Rider GCR Part A 43.6 CCF X 0.63625$ =27.74 13 Rider GCR Part B 43.6 CCF X 0.41732$ =18.20 14 Subtotal 89.37$ 15 Rider FF & Rider TAX 89.37$ X 0.06237 =5.57 16 Total 94.94$ 6.47$ 7.31% 17 (a) ATMOS ENERGY CORP., MID-TEX DIVISION MID-TEX RATE REVIEW MECHANISM AVERAGE BILL COMPARISON - BASE RATES TEST YEAR ENDING DECEMBER 31, 2022 Change Description 235 Line No.Current Proposed Amount Percent (b)(c)(d)(e)(a) ATMOS ENERGY CORP., MID-TEX DIVISION MID-TEX RATE REVIEW MECHANISM AVERAGE BILL COMPARISON - BASE RATES TEST YEAR ENDING DECEMBER 31, 2022 Change Description 18 Rate C @ 356.6 Ccf 19 Customer charge 63.50$ 20 Consumption charge 356.6 CCF X 0.14137$ =50.41 21 Rider GCR Part A 356.6 CCF X 0.63625$ =226.86 22 Rider GCR Part B 356.6 CCF X 0.30202$ =107.69 23 Subtotal 448.46$ 24 Rider FF & Rider TAX 448.46$ X 0.06237 =27.97 25 Total 476.43$ 26 27 Customer charge 72.00$ 28 Consumption charge 356.6 CCF X 0.18280$ =65.18 29 Rider GCR Part A 356.6 CCF X 0.63625$ =226.86 30 Rider GCR Part B 356.6 CCF X 0.30202$ =107.69 31 Subtotal 471.73$ 32 Rider FF & Rider TAX 471.73$ X 0.06237 =29.42 33 Total 501.15$ 24.72$ 5.19% 34 236 Line No.Current Proposed Amount Percent (b)(c)(d)(e)(a) ATMOS ENERGY CORP., MID-TEX DIVISION MID-TEX RATE REVIEW MECHANISM AVERAGE BILL COMPARISON - BASE RATES TEST YEAR ENDING DECEMBER 31, 2022 Change Description 35 Rate I @ 1720 MMBTU 36 Customer charge 1,204.50$ 37 Consumption charge 1,500 MMBTU X 0.4939$ =740.85 38 Consumption charge 220 MMBTU X 0.3617$ =79.64 39 Consumption charge 0 MMBTU X 0.0776$ =- 40 Rider GCR Part A 1,720 MMBTU X 6.2134$ =10,688.12 41 Rider GCR Part B 1,720 MMBTU X 0.6267$ =1,078.08 42 Subtotal 13,791.19$ 43 Rider FF & Rider TAX 13,791.19$ X 0.06237 =860.17 44 Total 14,651.36$ 45 46 Customer charge 1,382.00$ 47 Consumption charge 1,500 MMBTU X 0.7484$ =1,122.62 48 Consumption charge 220 MMBTU X 0.5963$ =131.30 49 Consumption charge 0 MMBTU X 0.2693$ =- 50 Rider GCR Part A 1,720 MMBTU X 6.2134$ =10,688.12 51 Rider GCR Part B 1,720 MMBTU X 0.6267$ =1,078.08 52 Subtotal 14,402.12$ 53 Rider FF & Rider TAX 14,402.12$ X 0.06237 =898.28 54 Total 15,300.40$ 649.04$ 4.43% 55 237 Line No.Current Proposed Amount Percent (b)(c)(d)(e)(a) ATMOS ENERGY CORP., MID-TEX DIVISION MID-TEX RATE REVIEW MECHANISM AVERAGE BILL COMPARISON - BASE RATES TEST YEAR ENDING DECEMBER 31, 2022 Change Description 56 Rate T @ 4720 MMBTU 57 Customer charge 1,204.50$ 58 Consumption charge 1,500 MMBTU X 0.4939$ =740.85 59 Consumption charge 3,220 MMBTU X 0.3617$ =1,164.50 60 Consumption charge 0 MMBTU X 0.0776$ =- 61 Rider GCR Part B 4,720 MMBTU X 0.6267$ =2,957.85 62 Subtotal 6,067.70$ 63 Rider FF & Rider TAX 6,067.70$ X 0.06237 =378.45 64 Total 6,446.15$ 65 66 Customer charge 1,382.00$ 67 Consumption charge 1,500 MMBTU X 0.5684$ =852.60 68 Consumption charge 3,220 MMBTU X 0.4163$ =1,340.29 69 Consumption charge 0 MMBTU X 0.0893$ =- 70 Rider GCR Part B 4,720 MMBTU X 0.6267$ =2,957.85 71 Subtotal 6,532.74$ 72 Rider FF & Rider TAX 6,532.74$ X 0.06237 =407.45 73 Total 6,940.19$ 494.04$ 7.66% 238 Line No.Description Pension Account Plan Post- Employment Benefit Plan Pension Account Plan Post- Employment Benefit Plan Supplemental Executive Benefit Plan Adjustment Total (a)(b)(c)(d)(e)(f)(g) 1 Proposed Benefits Benchmark - Fiscal Year 2023 Willis Towers Watson Report as adjusted (1) (2) (3)1,434,339$ (518,336)$ 2,336,419$ (2,678,818)$ 267,917$ 2 Allocation Factor 44.92%44.92%78.74%78.74%100.00% 3 Proposed Benefits Benchmark Costs Allocated to Mid-Tex (Ln 1 x Ln 2)644,336$ (232,848)$ 1,839,667$ (2,109,267)$ 267,917$ 4 O&M and Capital Allocation Factor 100.00%100.00%100.00%100.00%100.00% 5 Proposed Benefits Benchmark Costs to Approve (Ln 3 x Ln 4)644,336$ (232,848)$ 1,839,667$ (2,109,267)$ 267,917$ 409,804$ 6 7 O&M Expense Factor (WP_F-2.3, Ln 2)78.60%78.60%39.63%39.63%11.00% 8 9 Summary of Costs to Approve (1): 10 Total Pension Account Plan 506,464$ 729,006$ 1,235,469$ 11 Total Post-Employment Benefit Plan (183,024)$ (835,840)$ (1,018,864) 12 Total Supplemental Executive Benefit Plan 29,471$ 29,471 13 Total (Ln 10 + Ln 11 + Ln 12)506,464$ (183,024)$ 729,006$ (835,840)$ 29,471$ 246,076$ ATMOS ENERGY CORP., MID-TEX DIVISION MID-TEX RATE REVIEW MECHANISM PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL TEST YEAR ENDING DECEMBER 31, 2022 Shared Services Mid-Tex Direct Attachment 2 239 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY’S 2023 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHMENT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND THE ACSC’S LEGAL COUNSEL. WHEREAS, the City of Coppell, Texas (“City”) is a gas utility customer of Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee (“ACSC”), a coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the 240 2 Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in 2018; and WHEREAS, on about March 1, 2023, Atmos Mid-Tex filed its 2023 RRM rate request with ACSC Cities based on a test year ending December 31, 2022; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2023 RRM filing through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues identified in the Company’s RRM filing; and WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $142 million on a system-wide basis with an Effective Date of October 1, 2023; and WHEREAS, ACSC agrees that Atmos’ plant-in-service is reasonable; and WHEREAS, with the exception of approved plant-in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS, the attached tariffs (Attachment 1) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Attachment 2); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable expenses associated with RRM applications; and 241 3 WHEREAS, the RRM Tariff includes Securitization Interest Regulatory Asset amount of $19.5 million; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. That the findings set forth in this Resolution are hereby in all things approved. Section 2. That, without prejudice to future litigation of any issue identified by ACSC, the City Council finds that the settled amount of an increase in revenues of $142 million on a system-wide basis represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex’s 2023 RRM filing, is in the public interest, and is consistent with the City’s authority under Section 103.001 of the Texas Utilities Code. Section 3. That despite finding Atmos Mid-Tex’s plant-in-service to be reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. Section 4. That the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment 1, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $142 on a system-wide basis, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. Section 5. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex’s next RRM filing shall be as set forth on Attachment 2, attached hereto and incorporated herein. 242 4 Section 6. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company’s 2023 RRM filing. Section 7. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Resolution, it is hereby repealed. Section 8. That the meeting at which this Resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 9. That if any one or more sections or clauses of this Resolution is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Resolution, and the remaining provisions of the Resolution shall be interpreted as if the offending section or clause never existed. Section 10. That consistent with the City Ordinance that established the RRM process, this Resolution shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after September 30, 2023. Section 11. That a copy of this Resolution shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas Brocato, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. 243 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, BY A VOTE OF TO , ON THIS THE 12TH DAY OF SEPTEMBER, 2023. Wes Mays, Mayor ATTEST: Ashley Owens, City Secretary APPROVED AS TO FORM: Robert E. Hager, City Attorney 2557/36/8645038 5 244 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7039 File ID: Type: Status: 2023-7039 Agenda Item Public Hearing 2Version: Reference: In Control: City Council 08/11/2023File Created: Final Action: PD-264R-RBN5, EasthavenFile Name: Title: PUBLIC HEARING: Consider approval of a zoning change request from PD-264-RBN5 (Planned Development-264-Residential Urban Neighborhood 5) to PD-264R-RBN5 (Planned Development-264 Revised-Residential Urban Neighborhood 5) to allow the removal of five (5) Leyland Cypress Trees on 7.1 acres of property located on Common Area Lot 1X, Block D, Easthaven (Eastlake) at the request of Easthaven HOA, being represented by affected property owner, Kristina Lowe. Notes: Sponsors: Enactment Date: Memo.pdf, Staff Report.pdf, Photo of Trees.pdf, Photos of Cypress Knees at 635 Canemount.pdf, Email from Applicant.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7039 Title PUBLIC HEARING: Consider approval of a zoning change request from PD-264-RBN5 (Planned Development-264-Residential Urban Neighborhood 5) to PD-264R-RBN5 (Planned Development-264 Revised-Residential Urban Neighborhood 5) to allow the removal of five (5) Leyland Cypress Trees on 7.1 acres of property located on Common Area Lot 1X, Block D, Easthaven (Eastlake) at the request of Easthaven HOA, being represented by affected property owner, Kristina Lowe. Summary Fiscal Impact: Page 1City of Coppell, Texas Printed on 9/8/2023 245 Master Continued (2023-7039) There is no fiscal impact. Staff Recommendation: The Community Development department is recommending approval of this request. Strategic Pillar Icon: Enhance the Unique 'Community Oasis' Experience Page 2City of Coppell, Texas Printed on 9/8/2023 246 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: September 12, 2023 Reference: PUBLIC HEARING: Consider approval of a zoning change request from PD-264- RBN5 (Planned Development-264-Residential Urban Neighborhood 5) to PD-264R- RBN5 (Planned Development-264 Revised-Residential Urban Neighborhood 5) to allow the removal of five (5) Leyland Cypress Trees on 7.1 acres of property located on Common Area Lot 1X, Block D, Easthaven (Eastlake) at the request of Easthaven HOA, being represented by affected property owner, Kristina Lowe. 2040: Enhance the Unique 'Community Oasis' Experience Introduction: Easthaven (Eastlake) subdivision was approved in June of 2013. Along the east of the subdivision, a 38’ wide buffer area was approved. This area contains an 8’ wide concrete flume, ground cover and trees, which provide a physical and visual separation and accommodates drainage. The intention was to preserve as many of the existing trees as possible in this buffer area. Unfortunately, there are five (5) Leyland Cypress trees that are negatively impacting the adjacent property to the east, specifically the backyard of the residence at 635 Canemount Lane. According to the applicant, the five (5) Cypress trees that are behind the fence and on the Easthaven property are producing “Cypress Knees” all over their backyard. Over the years they have spent thousands of dollars having them ground down and trying to remove the knees, but they just keep coming back. The roots are travelling up under their retaining wall and coming up about five feet to the surface of their backyard. Aside from wreaking havoc in their flower beds and lawn, they are concerned that the knees are going to make it to their pool, pool deck and foundation and do permanent damage if they continue. The trees were planted by the previous property owners on what is now the HOA lot. Background: The owner of this property and the Easthaven (Eastlake) HOA have agreed to remove the trees. When they came to pull a tree removal permit, the fees were assessed at $10,600. The fees were calculated as follows: Tree 1- measured 9” cal. X $100 Tree 2- measured 13” cal. X $200 247 2 Tree 3- measured 16.5” cal. X $200 Tree 4- measured 13.5” cal. X $200 Tree 5- measured 11” cal. X $100 Typically, a residential property owner can remove or plant trees on their own property without the need for a tree removal permit or the payment of fees. These trees, however, are located in a common area lot, not considered a residential lot; therefore, a tree removal permit was required, and fees were assessed. The applicant is requesting a waiver of the fees. In consultation with the City Attorney, it was determined that the method to ask for a waiver of fees is through the zoning process with an amendment to the approved Tree Preservation Plan. The Planning and Zoning Commission recommended approval of the amendment to the Tree Preservation Plan. Only City Council can waive fees. Staff recommends approval of the waiving of fees. Benefit to the Community: This will help prevent potential damage to the abutting property. Legal Review: The City Attorney advised in the Zoning process to allow the applicant to seek an amendment to the tree preservation plan and a waiver of tree removal fees. Fiscal Impact: N/A Recommendation: On August 17, 2023, the Planning & Zoning Commission recommended approval (6-0) of the amendment to the tree preservation plan. Staff recommends waiving the fees associated with the tree removal. Attachments: 1. Staff Report 2. Photo of Trees 3. Photos of Cypress Knees at 635 Canemount Lane 4. Email from Applicant 248 ITEM # 5 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO; PD-264R-RBN-5, Easthaven (Eastlake) P&Z HEARING DATE: August 17, 2023 C.C. HEARING DATE: September 12, 2023 STAFF REP.: Matthew Steer AICP, Development Services Administrator LOCATION: Lot 1X, Block D at 631 Rock Springs Road SIZE OF AREA: 7.1 acres of property CURRENT ZONING: PD-264-RBN-5 (Planned Development 264 - RBN5- Residential Urban Neighborhood) REQUEST: A zoning change request to allow the removal of five (5) Leyland Cypress Trees. APPLICANT: Owner: Affected Property Owner Eastlake Residential Community, Inc. Kristina Lowe Barbara Messer, HOA President 635 Canemount Lane PO Box 650255 Coppell, Texas 75019 Dallas, Texas 75265 HISTORY: The subject property was zoned Retail in 1983. In 2003, the designation on the Comprehensive Land Use Plan was changed from Light Industrial/Showroom Uses to Freeway Commercial. As part of the Council’s action, although originally proposed to be rezoned from Retail to Highway Commercial, per request of the neighbors, and as agreed to by the property owner, this property retained its R (Retail) zoning designation. On the property abutting to the west, Council approved the Westhaven PD and Preliminary Plat to permit 297 single family homes, and 37 common area lots to be in accordance with the 2030 Coppell 2030, A Comprehensive Master Plan, which designates this property as suitable for Urban Residential Neighborhood. On February 12, 2013, City Council approved the Final Plat for Phase 1 of this development with 143 residential lots and 26 common area lots. On March 26, 2013, the Westhaven PD was amended to reduce the rear yard setback from 50 feet from SH 121 R.O.W. to 45 feet on 11 lots. In June 2013, the zoning to Planned Development 264-RBN-5, to allow the development of 58 single-family lots and 3 common area lots was approved. 249 ITEM # 5 Page 2 of 3 TRANSPORTATION: State Highway 121 is a Freeway (Principal Arterial) built to standard, within a variable right-of-way. SURROUNDING LAND USE & ZONING: North- S.H. 121, HC (Highway Commercial), undeveloped South - SF-9 & SF-12 – Copperstone Subdivision, single-family residential East - PD-133R-SF-9 – Magnolia Park Subdivision, single-family residential West - PD-255-SF – Westhaven Subdivision (single-family residential) COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, designates this property as suitable for Urban Residential Neighborhood, which is defined as areas to provide “for a wide variety of higher density residential uses (typically greater than four dwelling units per acre) that serve the needs of residents seeking alternatives to low and medium density single-family detached housing”. DISCUSSION: As noted above, the subdivision was approved in June of 2013. Along the east of the subdivision, a 38’ wide buffer area was approved. This contains an 8’ wide concrete flume, ground cover and trees, which provide a physical and visual separation as well as to accommodate drainage. The intention was to preserve as many of the existing trees as possible in this buffer area. Unfortunately, there are five (5) Leyland Cypress trees that are negatively impacting the adjacent property to the east, specifically the backyard of the residence at 635 Canemount Lane. According to the applicant, the five (5) Cypress trees that are behind the fence and on the Easthaven property are producing “Cypress Knees” all over their backyard (see photos attached). Over the years they have spent thousands of dollars having them ground down and trying to remove the knees, but they just keep coming back. The roots are travelling up under their retaining wall and coming up about five feet to the surface of their backyard. Aside from wreaking havoc in their flower beds and lawn, they are concerned that the knees are going to make it to their pool, pool deck and foundation and do permanent damage if they continue. The owner of this property and the Easthaven (Eastlake) HOA have agreed to remove the trees. When they came to pull a tree removal permit, the fees were assessed at $10,600. The fees were calculated are as follows: Tree 1- measured 9” cal. X $100 Tree 2- measured 13” cal. X $200 Tree 3- measured 16.5” cal. X $200 Tree 4- measured 13.5” cal. X $200 Tree 5- measured 11” cal. X $100 Typically, a residential property owner can remove or plant trees on their own property without the need for a tree removal permit or the payment of fees. These trees, however, are located in a common area lot, not considered a residential lot; therefore, a tree removal permit was required, and fees were assessed. The applicant is requesting a waiver of the fees. In consultation with the City Attorney, it was determined that the method to ask for a waiver of fees is through the zoning process with an amendment to the approved Tree Preservation Plan. 250 ITEM # 5 Page 3 of 3 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-264R-RBN-5, Easthaven (Eastlake) tree removal without mitigation fees. 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. Photo of Trees 2. Photos of Cypress Knees at 635 Canemount Lane 3. Email from Applicant 251 252 635 Canemount 253 From: kristina thelowestx.com <kristina@thelowestx.com> Sent: Wednesday, June 14, 2023 3:32 PM To: Layne Cline <layne.cline@coppelltx.gov> Cc: teeitup19@gmail.com Subject: 635 Canemount Lane-Magnolia Park Hi Layne, My name is Kristina Lowe and we live at 635 Canemount Lane in Magnolia Park. Our property backs up to the Eastgate neighborhood and we are having some issues in our yard coming from the Cypress Trees on their property behind us. I stopped in to try to get some clarity and spoke with Matthew and Mary. They said I need to get with you…they know the whole situation, understand the issues and are perplexed on how to handle it. Basically, the 5 Cypress trees that are behind our fence and on the Eastgate property (which they are responsible for ) are producing “Cypress Knees” all over our backyard. Over the years we have spend thousands of dollars having them ground down and trying to remove them, but they just keep coming back. The roots are literally travelling up under our retaining wall and coming up about 5 feet to the surface of our backyard. Aside from wreaking havoc in our flower beds and lawn, we are concerned that they are going to make it to our pool, pool deck and foundation and do permanent damage if they continue. We have spoken to the HOA behind us and they acknowledge the property is their’ s and they are responsible for it, but don’t want responsibility for the tress as they didn’t plant them. The trees were existing when they purchased the property and took it over. In fact, they were there before we moved in the home-as all the tress back there were. They have told us that they do not have the funds to cut the trees down and take care of the situation properly. They have also said they would have to vote on the trees being removed. And if we wanted to remove them we would have to get the permits and incur all the expense. So basically, taking no responsibility for something they are responsible for. I have reached out to several Tree Services as well as a Certified Arborist and the only way to fix the problem permanently is to have the trees cut down, herbicide put on the trunks for a day or so and then have the stumps grinded. That is what we would like to do and avoid the continued nuisance to our yard, the cost incurred fixing the issue, and avoid long term damage that will happened if let go. When talking with Matthew and Mary we were brainstorming on how we could possibly get the permits waived by the city since the tress are doing harm and not providing any benefit to us. Do you think that is a possibility? It seems crazy to pay fees for taking tress down that are a nuisance and have potential to causing more issues. In fact, one is completely overtaken with a vine, leaning over and crowding another tree out. We are hoping that one doesn’t land on our fence in the next big storm. Please let me know if you have any if you think this is something we can work on. At least that would minimize the overall cost that is falling on our shoulders if we want to protect the integrity of our property. Even better if the city would like to take care of cutting down the trees altogether-that would be great! Please reach out to me at your earliest convenience so we can discuss this further. If you would like to meet and walk the property, we would be happy to do that too. I am heading out of town for a few days but my husband will be around. We are trying to lay grass in our backyard in the next few weeks, so hoping to get a solution as soon as possible. 254 Sincerely, Kristina Lowe 972.489.5764 Perry Lowe 972.740.5280 255 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7042 File ID: Type: Status: 2023-7042 Agenda Item Public Hearing 2Version: Reference: In Control: City Council 08/11/2023File Created: Final Action: PD-308R-C, Kroger Fuel StationFile Name: Title: PUBLIC HEARING: Consider approval of a zoning change request from PD-308-C (Planned Development-308-Commercial) to PD-308R-C (Planned Development-308 Revised-Commercial), to allow a revised plan for a new fuel service station with five (5) fuel pumps located at 950 E. Sandy Lake Road. Notes: Sponsors: Enactment Date: Memo.pdf, Staff Report.pdf, Letter from Applicant.pdf, Site Plan.pdf, Landscape Plan.pdf, Tree Survey.pdf, Elevations.pdf, Signage Plan.pdf, Photometric Plan.pdf, Parking Study.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7042 Title PUBLIC HEARING: Consider approval of a zoning change request from PD-308-C (Planned Development-308-Commercial) to PD-308R-C (Planned Development-308 Revised-Commercial), to allow a revised plan for a new fuel service station with five (5) fuel pumps located at 950 E. Sandy Lake Road. Summary Fiscal Impact: This will generate additional sales tax and business personal property tax. Staff Recommendation: Page 1City of Coppell, Texas Printed on 9/8/2023 256 Master Continued (2023-7042) The Community Development department is recommending approval of this request. Strategic Pillar Icon: Create Business and Innovation Nodes Page 2City of Coppell, Texas Printed on 9/8/2023 257 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: September 12, 2023 Reference: PUBLIC HEARING: Consider approval of a zoning change request from PD-308-C (Planned Development-308-Commercial) to PD-308R-C (Planned Development-308 Revised-Commercial), to allow a revised site plan for a new fuel service station with five (5) fuel pumps located at 950 E. Sandy Lake Road. 2040: Create Business and Innovation Nodes Introduction: A proposal for a new fuel service station at this location was approved in June 2023. This proposal shifts the previously approved gas pumps from the east side of the building to the south approximately 250 feet to the corner of Sandy Lake Road and MacArthur Blvd. This change in location also changes the proposed fuel delivery truck route. The previously approved route was to enter from MacArthur Blvd for fill up and then circle the main building and exit onto Sandy Lake Road. In the current proposal, the fuel truck is proposed to enter the site from Sandy Lake Road for fill up and exit onto MacArthur Blvd to go southbound. With the new proposed location, they are increasing the needed parking variance from 11 parking spaces to 20 parking spaces. During the City Council meeting in June 2023, City Council added a condition to the approval that stated that fuel deliveries not be permitted between the hours of 3 p.m. to 4 p.m. Monday through Friday. The applicant is requesting that this condition be lifted due to the new fueling truck route. As with the previously approved proposal, the applicant is proposing to convert some of the existing parking area of the Kroger grocery store into a fuel service station with five (5) fuel pump islands, a kiosk for retail sales, and an air/water station. Because the proposal is continuing to ask for variances to the required parking and to allow an additional monument sign, a Planned Development zoning is being requested. As with the previous proposal, a note has been included within the PD Conditions that there will be no outside storage of goods or materials under the fuel canopy in an effort to keep the area clear from visual clutter. The proposed fuel center will be operational until 12:00 a.m. via pay at the pump and will have an attendant from 6 a.m. to 10 p.m. during normal hours of operation, as approved with the previous request. 258 2 Background: A Special Use Permit to allow for the construction of this approximate 61,000-square-foot Kroger store was approved in 1995. Conditions of the SUP included a stipulation that no deliveries will occur between the hours of 10 p.m. and 6 a.m. In April 2004, City Council approved an amendment to this SUP to allow for a drive-through pharmacy window on the west side of the building. In July 2023, City Council approved an ordinance adopting PD-308-C (Planned Development-308- Commercial). PD-308-C included new conditions and the previous conditions with slight amendments to the drive thru pharmacy hours of operation on Sunday from “10 a.m. to 4 p.m.” to “10 a.m. to 6 p.m.” and allowing the lights located on the west and north sides of the site, being able to be turned on at night. Benefit to the Community: This will give more fueling options to the residents of Coppell. Legal Review: N/A Fiscal Impact: This will generate additional sales tax and business personal property tax. Recommendation: On August 17, 2023, The Planning and Zoning Commission recommended APPROVAL (6-0) of Planned Development – 308 Revised- Commercial, subject to the previously approved conditions being carried forward except removing the verbiage related to dimming the canopy lights between 12 am and 6 am. from condition #8 (amended below). The conditions recommended (6-0) by the Planning and Zoning Commission are as follows: 1. That accept as amended herein, the property and PD 308-C shall be developed in accordance with Ordinance 91500-A-373 and Ordinance 91500-A-109 with the previous development regulations, which are hereby incorporated herein as set forth in full and hereby republished. 2. The hours of operation for the drive through pharmacy window shall not exceed: 9 a.m. to 9 p.m. - Monday through Friday, 9 a.m. to 7 p.m. -Saturday, and 10 a.m. to 6 p.m. on Sunday. 3. The exterior lights on the north and west perimeter of the property may be illuminated and maintained in accordance with the glare and lighting standards of the Zoning Ordinance. 4. In addition to the original regulations, as amended, no outside storage of materials or goods will be permitted under the fuel station canopy. 5. An additional 40 square-foot monument sign for fuel pricing shall be constructed and maintained as shown on the Site Plan and Signage Plans. 6. The entire site shall have 300 parking spaces, inclusive of Americans with Disabilities regulations as provided on the Site Plan. 7. The hours of operation of the fuel bays shall be 6 a.m. to 12 a.m. daily. 259 3 8. Exterior canopy lighting shall emit no greater than 50.5 fc as provided in the Photometric Plan; and, shall be dimmed to minimum average of 1 fc between the hours of 12 a.m. and 6 a.m.. 9. The proposed trees as provided in the Landscape Plan shall be planted and kept in a healthy growing state to mitigate any aperture in screening, regardless of the current state of the tree configuration. 10. Address light screening towards the residential areas and landscaping deficiencies. 11. Fuel deliveries are prohibited between the hours of 3 p.m. - 4 p.m., Monday through Friday. 12. If warranted after the installation of the fuel bays, the owner and/or occupant shall fund its share of the cost to install a traffic signal at the intersection of Village Parkway and MacArthur Boulevard. Attachments: 1. Staff Report 2. Letter from Applicant 3. Site Plan 4. Landscape Plan 5. Tree Survey 6. Elevations 7. Signage Plan 8. Photometric Plan 9. Parking Study 260 ITEM # 8 Page 1 of 6 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-308R-C, Kroger Fuel Service Station P&Z HEARING DATE: August 17, 2023 C.C. HEARING DATE: September 12, 2023 STAFF REP.: Matthew Steer, AICP, Development Services Administrator LOCATION: Northeast corner of the Kroger parking lot at 950 E Sandy Lake Road. SIZE OF AREA: 7.04 acres of property CURRENT ZONING: PD-308-C, Kroger Fuel Service Station REQUEST: A zoning change request to allow a revised plan for a new fuel service station with five (5) fuel pumps APPLICANT: Coppell Wood Kroger, LLC. ClayMoore Engineering 1404 W Pioneer Dr. 1903 Central Dr., Suite 406 Irving, Texas 75061 Bedford, Texas 76021 817-281-0572 Clay@ClayMooreEng.com HISTORY: Triland Investment Group requested a C (Commercial) zoning district on an ll.03- acre site prior to 1985. In 1985, a Special Use Permit was granted for a 49,074- square-foot Kroger store within an 115,169-square-foot center on this 11-acre tract of property, which was also platted at that time and provided approximately one- half of an acre for street right-of-way. In October of 1993, Council approved a rezoning request on 3.5 acres of the property from C (Commercial) to SF-7 (Single Family-7), which was developed as the Waters Edge, Phase 2, residential subdivision. In October 1994, Council approved a replat to allow for a day-care facility on a portion of this tract, which was never constructed. In April 1995, this tract was again replatted to adjust the lot sizes between Lots 3A and 3B. In September 1995, Council approved a replat on this 7.04-acre tract and Special Use Permit-1098R to 261 ITEM # 8 Page 2 of 6 allow for the construction of this approximate 61,000-square-foot Kroger store. Conditions of the SUP included a stipulation that no deliveries will occur between the hours of 10 p.m. and 6 a.m. In April 2004, City Council approved an amendment to this SUP to allow for a drive-through pharmacy window on the west side of the building. This was approved subject to the hours of operation for the pharmacy not to exceed 9 a.m. to 9 p.m. Monday through Friday, 9 a.m. to 7 p.m. Saturday and 10 a.m. to 4 p.m. on Sunday. There was also a condition that dead and missing trees in the perimeter landscape areas adjacent to the single-family homes must be replaced. In July 2005, a request for a gas station was denied by the Planning Commission. This was located on the Sandy Lake Road frontage and had four of gas pumps. At that meeting, the Commission asked the applicant to consider changes to the plans as follows: 1. Relocating the gas pumps to the eastern corner of the parking lot, towards MacArthur Boulevard, 2. Eliminating the pay phone, ice machine and retail display units, 3. Changing the start of operational hour for the gas pumps from 6 am to 7 am, 4. Providing mature landscaping (a minimum of six-caliper inches) in every gap that existing along the western property line, 5. Increasing the height of the existing berm along Sandy Lake Road to measure an additional two feet before planting additional landscaping on top, 6. Compliance with all required building materials, 7. Soften the appearance of this use, including a hooded canopy to control lighting, 8. Consider additional landscaping within the islands on the western end of the parking lot to better buffer the existing residential neighborhood. In the end, the applicant did not appeal the case to Council. Some of the recommendations from above have been included in the current proposal. Kroger came before the Planning and Zoning Commission and City Council earlier this year requesting a gas station with five (5) fuel pumps to be located at the northeastern portion of the site. This was approved by City Council (5-2) and in July 2023, Council adopted an ordinance with the following conditions: 1. That accept as amended herein, the property and PD 308-C shall be developed in accordance with Ordinance 91500-A-373 and Ordinance 91500-A-109 with the previous development regulations, which are hereby incorporated herein as set forth in full and hereby republished. 2. The hours of operation for the drive through pharmacy window shall not exceed: 9 a.m. to 9 p.m. - Monday through Friday, 9 a.m. to 7 p.m. -Saturday, and 10 a.m. to 6 p.m. on Sunday. 3. The exterior lights on the north and west perimeter of the property may be illuminated and maintained in accordance with the glare and lighting standards of the Zoning Ordinance. 262 ITEM # 8 Page 3 of 6 4. In addition to the original regulations, as amended, no outside storage of materials or goods will be permitted under the fuel station canopy. 5. An additional 40 square-foot monument sign for fuel pricing shall be constructed and maintained as shown on the Site Plan and Signage Plans. 6. The entire site shall have 309 parking spaces, inclusive of Americans with Disabilities regulations as provided in Site Plan. 7. The hours of operation of the fuel bays shall be 6 a.m. to 12 a.m. daily. Exterior canopy lighting shall emit no greater than 50.5 fc as provided in Exhibit G; and, shall be dimmed to minimum average of 1 fc between the hours of 12 a.m. and 6 a.m. 8. The proposed trees as provided in the Landscape Plan shall be planted and kept in a healthy growing state to mitigate any aperture in screening, regardless of the current state of the tree configuration. 9. Address light screening towards the residential areas and landscaping deficiencies. 10. Fuel deliveries are prohibited between the hours of 3 p.m. - 4 p.m., Monday through Friday. 11. If warranted after the installation of the fuel bays, the owner and/or occupant shall fund its share of the cost to install a traffic signal at the intersection of Village Parkway and MacArthur. HISTORIC COMMENT: There is no historic significance associated with the subject property. TRANSPORTATION: MacArthur Boulevard is a four-land divided thoroughfare within a ll0-foot R.O.W., shown on the Thoroughfare Plan as a P6D, six-lane divided thoroughfare. Sandy Lake Road is a four-lane divided thoroughfare within a 110-foot R.O.W., shown on the Thoroughfare Plan as a C4D four-lane divided thoroughfare. SURROUNDING LAND USE & ZONING: North - Waters Edge 1 subdivision; PD-125-SF-7; South - Woodridge Section 5; PD-145; East - Retail and vacant property; C (Commercial); West - Waters Edge 2 subdivision; SF-7 and PD-125-SF-7 COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, designates this area as Neighborhood Center Retail. Such areas should serve the daily shopping, dining and service needs of the surrounding nearby residential neighborhoods. DISCUSSION: As mentioned in the history section, a similar proposal was approved in June 2023. This proposal shifts the previously approved gas pumps to the south (closer to Sandy Lake) approximately 250 feet. The proposed route of the fuel delivery truck has changed. This was previously approved route was to enter from MacArthur Blvd for fill up and then circle the main building and exit onto Sandy Lake Road. In 263 ITEM # 8 Page 4 of 6 the current proposal, the fuel truck is proposed to enter the site from Sandy Lake Road for fill up and exit onto MacArthur Blvd to go southbound. With the new proposed location, they are increasing the needed parking variance from 11 parking spaces to 20 parking spaces. During the Council meeting in June 2023, Council added a condition to the approval that stated that fuel deliveries not be permitted between the hours of 3 p.m. to 4 p.m. Monday through Friday. The applicant is requesting that this condition be lifted due to the new fueling truck route. As with the previously approved proposal, the applicant is proposing to convert some of the existing parking area of the Kroger grocery store into a fuel service station with five (5) fuel pump islands, a kiosk for retail sales, and an air/water station. Because the proposal is continuing to ask for variances to the required parking and to allow an additional monument sign, a Planned Development zoning is being requested. As with the previous proposal, a note has been included within the PD Conditions that there will be no outside storage of goods or materials under the fuel canopy in an effort to keep the area clear from visual clutter. The proposed fuel center will be operational until 12:00 a.m. via pay at the pump and will have an attendant from 6 a.m. to 10 p.m. during normal hours of operation, as approved with the previous request. Site Plan/Parking: The proposed kiosk is 176-square feet, and the canopy is 5,300-square feet with five pump islands (capable of serving ten cars at a time). Currently, there are 347 parking spaces for the existing Kroger. They are proposing to remove 47 parking spaces and relocate a landscaped island, leaving 300 spaces. This requires a twenty- parking space variance, listed as a PD Condition. Previously, an 11-parking space variance was approved. Staff is in favor of this request, as there will be 10 spots at the pumps themselves that typically don’t count towards parking and the applicant has provided as parking study indicating that more than half of the parking is not currently being used. An air/water station is proposed south of the kiosk in an existing landscape island at the end of a parking row. Landscape Plan: As with the previously approved plans, the landscaping of the site is proposed to be updated to plant what is missing or has died over the years. The landscape plan shows 26 Eastern Red Cedars to be planted where previously Leyland Cypress were located. Some of these trees have been planted already and the ones that are still missing are proposed to be planted in the fall. There are 12 Chinese Pistache trees proposed within landscape islands in the parking area and along MacArthur Boulevard. There are 7 Yaupon Hollies proposed on the west perimeter and 19 Crepe Myrtles at the drives. There are 139 Burford Holly shrubs proposed to be planted adjacent to the parking area as required by the Landscape Section of the Zoning Ordinance. These too, will be planted in the fall prior to the fuel station being constructed, if approved. 264 ITEM # 8 Page 5 of 6 Signage: Currently, there is an existing monument sign located on the Sandy Lake Road that identifies the Kroger grocery store. As with the previously approved request, another monument sign is proposed on the MacArthur Boulevard frontage that will contain gas prices. This too, will require and exception to the Zoning Ordinance and is listed as a condition to the PD. This sign is proposed to be 40 square feet in size. The proposed location has shifted south closer to the proposed station location. Staff is in favor of this request as it will function for the gas station portion of the site and is consistent with other gas station monument signage. Elevations: The materials of the canopy columns include red and tan brick with a sandstone color aluminum fascia on the canopy. The materials of the kiosk include a sandstone color and oyster color metal facia. The gas pumps are proposed to have red Kroger signage below the pump nozzles. The vent risers have been integrated into the canopy and extend 5’ above per the Fire Code. The proposal has been modified slightly from the previously approved plans. It now depicts the canopy fascia extending 5 inches below the decking. This will help diffuse the lighting. The applicant has agreed to install 1” shields around the lighting below the canopy to help shield the potential glare from the lights. Staff is recommending approval of this request as it moves the fuel pumps farther from the residential neighbors to the north. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Planned Development – 308 Revised- Commercial, subject to the previously approved conditions be carried forward to this request as follows: 1. That accept as amended herein, the property and PD 308-C shall be developed in accordance with Ordinance 91500-A-373 and Ordinance 91500-A-109 with the previous development regulations, which are hereby incorporated herein as set forth in full and hereby republished. 2. The hours of operation for the drive through pharmacy window shall not exceed: 9 a.m. to 9 p.m. - Monday through Friday, 9 a.m. to 7 p.m. -Saturday, and 10 a.m. to 6 p.m. on Sunday. 3. The exterior lights on the north and west perimeter of the property may be illuminated and maintained in accordance with the glare and lighting standards of the Zoning Ordinance. 4. In addition to the original regulations, as amended, no outside storage of materials or goods will be permitted under the fuel station canopy. 5. An additional 40 square-foot monument sign for fuel pricing shall be constructed and maintained as shown on the Site Plan and Signage Plans. 6. The entire site shall have 300 parking spaces, inclusive of Americans with Disabilities regulations as provided on the Site Plan. 7. The hours of operation of the fuel bays shall be 6 a.m. to 12 a.m. daily. 8. Exterior canopy lighting shall emit no greater than 50.5 fc as provided in Exhibit G; and, shall be dimmed to minimum average of 1 fc between the hours of 12 a.m. and 6 a.m. 9. The proposed trees as provided in the Landscape Plan shall be planted and kept in a healthy growing state to mitigate any aperture in screening, regardless of the current state of the tree configuration. 10. Address light screening towards the residential areas and landscaping deficiencies. 11. Fuel deliveries are prohibited between the hours of 3 p.m. - 4 p.m., Monday through Friday. 265 ITEM # 8 Page 6 of 6 12. If warranted after the installation of the fuel bays, the owner and/or occupant shall fund its share of the cost to install a traffic signal at the intersection of Village Parkway and MacArthur. 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. Letter from Applicant 2. Site Plan 3. Landscape Plan 4. Tree Survey 5. Elevations 6. Signage Plan 7. Photometric Plan 8. Parking Study 266 August 9, 2023 City of Coppell Planning Department 255 Parkway Blvd. Coppell, TX 75019 Re: Planned Development Request - Kroger – 950 E Sandy Lake Road Planning Department: PD 306-C was approved at City Council on July 11, 2023. This approval provided a site plan that had a fuel station located on the northeastern corner of the site. During that meeting it was requested for the development team to reconsider the location of the fuel center to locate the fuel on the hard corner of the property. This submittal is a response to honor that request. The size of the fuel station and the number of fueling station is the same as the previously approved site plan. By relocating the fuel station to the hard corner there was a slight reduction in the previously approved parking reduction. This reduction of parking will not impact the development of the site and the parking study that was provided with the previous site plan approval would still support this reduction. The additional request at this time is in regards to delivery trucks. During the previous Site Plan approval it was requested to restrict the delivery times to not be allowed between 3pm and 4pm due to the proximity of the school and school traffic at that time. Kroger will continue to try and schedule the deliveries outside this window, but we would ask that this restriction be removed as it is very hard to actively control the exact timing of distribution of the fuel. Kroger is very excited to bring their development into the City of Coppell. Please let us know if you need additional information for this request. Should you have any questions or concerns, please contact me at 817-281-0572. Sincerely, Clay Cristy, P.E. ClayMoore Engineering 1903 Central Drive Bedford, TX 76021 817.281.0572 www.claymooreeng.com 267 VAN ZONING:RESIDENTIAL R136.8' EX, SIDEWALK EX, SIDEWALK TRANSFORMER AIR/WATER STATION UNDERGROUND TANKS ADA PARKING PROP. KIOSK (179 SF.) HEIGHT: 11' ZONING: COMMERCIAL SITE AREA: 7.01 AC (305,300 SF) EX. BLDG. AREA: 62,789 SF LOT 2R LAKESIDE VILLAGE PHASE II HEIGHT: 30'-7" PROP. LANDSCAPE ISLAND EX. ADA PKNG. EX. ADA PKNG. EX. ADA PKNG. ZONING:RESIDENTIAL ZONING:RESIDENTIAL ZONING:RESIDENTIAL ZONING:RESIDENTIAL ZONING:RESIDENTIAL ZONING:RESIDENTIAL ZONING:RESIDENTIAL ZONING:RESIDENTIAL 5'R79.52'±R30.72'R 2 7 . 6 2 ' 5 DOUBLE SIDED PUMPS R 7 . 7 2 ' ±LOADING AREAEX, SIDEWALK EX, SIDEWALK EX, FH. EX, FH. EX, FH.R8.12'±DDD15' PUBLIC ALLEY PER VOLUME 92228, PAGE 3876 M.R.D.C.T. WATERS EDGE PHASE ONE VOLUME 92228, PAGE 3876 M.R.D.C.T. LOT 11, BLOCK D WATERS EDGE, PHASE TWO VOLUME 94144, PAGE 02344 M.R.D.C.T. LOT 8, BLOCK D WATERS EDGE, PHASE TWO VOLUME 94144, PAGE 02344 M.R.D.C.T. LOT 10, BLOCK D WATERS EDGE, PHASE TWO VOLUME 94144, PAGE 02344 M.R.D.C.T. LOT 14, BLOCK D WATERS EDGE, PHASE TWO VOLUME 94144, PAGE 02344 M.R.D.C.T. LOT 12, BLOCK D WATERS EDGE, PHASE TWO VOLUME 94144, PAGE 02344 M.R.D.C.T. LOT 7, BLOCK D WATERS EDGE, PHASE TWO VOLUME 94144, PAGE 02344 M.R.D.C.T. LOT 9, BLOCK D WATERS EDGE, PHASE TWO VOLUME 94144, PAGE 02344 M.R.D.C.T. LOT 13, BLOCK D WATERS EDGE, PHASE TWO VOLUME 94144, PAGE 02344 M.R.D.C.T.15' UTILITY, LANDSCAPE & SIDEWALK EASEMENTPER VOLUME 94144, PAGE 2344M.R.D.C.T.MAC ARTHUR BOULEVARD VARIABLE WIDTH RIGHT-OF-WAY 30' FIRELANE EASMENT PER VOLUME 96147, PAGE 0011 M.R.D.C.T.25' FIRELANE EASMENTPER VOLUME 96147, PAGE 0011M.R.D.C.T.20' DRAINAGE EASMENTPER VOLUME 96147, PAGE 0011M.R.D.C.T.M.R.D.C.T.PER VOLUME 96147, PAGE 001130' BUILDING LINEVISIBILITY TRIANGLE PER VOLUME 96147, PAGE 0011 M.R.D.C.T. 15' UTILITY, LANDSCAPE & SIDEWALK EASEMENT VOLUME 85095, PAGE 2840 & VOLUME 85186, PAGE 1670 M.R.D.C.T. M.R.D.C.T. PER VOLUME 85186, PAGE 1670 30' BUILDING LINE VISIBILITY TRAINGLE PER VOLUME 96147, PAGE 0011 M.R.D.C.T. VISIBILITY TRAINGLE PER VOLUME 96147, PAGE 0011 M.R.D.C.T. WALL MAINTENANCE EASEMENT VOLUME 85186, PAGE 1670 M.R.D.C.T. 30' FIRELANE EASMENT PER VOLUME 96147, PAGE 0011 M.R.D.C.T. 25' FIRELANE EASMENT PER VOLUME 96147, PAGE 0011 M.R.D.C.T.SANDY LAKE ROADVARIABLE WIDTH RIGHT-OF-WAYRIGHT TURN EASMENT PER VOLUME 96147, PAGE 0011 M.R.D.C.T. 5' LONE STAR GAS EASMENT VOLUME 96147, PAGE 0011 M.R.D.C.T. VISIBILITY TRAINGLE VOLUME 96147, PAGE 0011 M.R.D.C.T. 5' RIGHT-OF-WAY DEDICATION VOLUME 96147, PAGE 0011 M.R.D.C.T. 15' UTILITY, LANDSCAPE & SIDEWALK EASEMENT VOLUME 96147, PAGE 0011 M.R.D.C.T.N86°11'41"E485.00'N 3 9 ° 2 1 ' 5 8 " E 82 . 2 5 ' N2°35'17"W 27.00' N20°48'1 5 " W 217.85' N0°26'51"W 310.63'S89°33'09"W455.85'S43°28'56"W 27.75'S2°35'17"E 75.00' ∆∆ S2°35'17"E 341.00' S3°50'34"E 97.61'EX. TRANSFORMEREX. DUMPSTERW/MASONRY WALLPROP CANOPY 2,880 SF. 19'-2" HT. EX, FH. EX, FH. EX. MONUMENT SIGN PREVIOUSLY APPROVED AT 7'6"X9'2" EX. LIGHT POLE EX. LIGHT POLE EX. LIGHT POLE EX. LIGHT POLE EX. LIGHT POLE EX. LIGHT POLEEX. LIGHT POLE EX. LIGHT POLE EX. LIGHT POLE EX. LIGHT POLE EX. LIGHT POLE EX. LIGHT POLE EX. LIGHT POLE EX. TRANSFORMER EX, SIDEWALK EX, SIDEWALK EX, SIDEWALK EX. MASONRY WALL W / SIGN EX. LIGHT POLE EX. LIGHT POLE EX. MONUMENT SIGN PROP. 7'2"X4' MONUMENT SIGNR30'R30'R30'R20'R30'R 1 0 'R30'R10'PROP. PROPANE TANKS STORAGE18.2'±17.9'±18'±23.6'±17.8'±18.1'±23.1'±17.7'±17.5'±23.2'±17.8'±18.4'±28.6'±17.9'±18.3'±17.6'±18'±20.6'±9.8'±9.4'±17.4'±29'17.6'±35.47'±232.32' 40.91' 37'195.85'28.08'213.67'36.46'467.19'± TO FOUNTAIN VIEW PI68.65'60.61'83.3'345.4'± TO MEDIAN 9.4'± 10'± 10'± 9.5'± 9'± 9.5'± 9.9'±9.7'±9.9'±9.8'±19.74'23.1'18.1'17.6'23.3'17.5'9.34'±9.41'±66.14'82.04'86.06'417.58'43.33'38.66'17.84'±10.06'±9.36'± 5'17.56'17.8'41.55'±17.81'±N COUNTY SURVEY:ABSTRACT NO. DALLAS B.B.B. & C.R.R.199 CITY:STATE: DALLAS TX. LEGAL DESCRIPTION: OWNER: APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DR. STE. 406 BEDFORD, TX 76021 PH: 817.281.0572 SURVEYOR: EAGLE SURVEYING, LLC 210 S. ELM ST. SUITE #104 DENTON, TX 76201 PH: 940.222.3009 KROGER TX LP 7TH FLOOR ATTN PROPERTY CINCINATTI, OHIO 45202 CONTACT NAME: CLAY CRISTI CONTACT NAME: TYLER RANK LOT 2R, OF LAKESIDE VILLAGE PHASE II, AN ADDITION TO CITY OF COPPELL VICINITY MAP N.T.S. CONTACT NAME:_____________ ZONING DESCRIPTION: C - COMMERCIAL 0 GRAPHIC SCALE 1 inch = ft. 40 40 80 40 20 SUP SITE PLANSUP SITE DATENo.REVISIONBYDATE: SHEET File No. 2022-194 8/9/23 CHECKED:CLC DRAWN:CLC DESIGN:CLCKROGER 448950 E. SANDY LAKERD.COPPELL, TXTEXAS REGISTRATION #14199 1903 CENTRAL DR. SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMPRELIMINARY CLAYMOORE ENGINEERING CLAY CRISTY 109800 8/9/2023 LEGEND CONCRETE PAVEMENT SIDEWALK CONCRETE PAVEMENT LANDSCAPE AREAS EXISTING TREES PROPOSED CONCRETE CURB AND GUTTER PARKING COUNT FULL-DEPTH SAWCUT PROPOSED FIRE LANE STRIPPING NOTES: 1. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2. ALL ADDITIONAL SITE LIGHTING WILL BE IN ACCORDANCE WITH CITY STANDARDS. 3. FUEL VENTS WILL BE LOCATED ON CANOPY STRUCTURE. ACCORDING TO MAP NO. 48113C0155K, DATED 07/17/2014 OF THE NATIONAL FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF DALLAS COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN NON-SHADED ZONE X, (AREAS DETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOODPLAIN). IF THIS SITE IS NOT WITHIN AN IDENTIFIED SPECIAL FLOOD HAZARD AREA, THIS FLOOD STATEMENT DOES NOT IMPLY THAT THE PROPERTY AND/OR THE STRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE. ON RARE OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOOD HEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES. THIS FLOOD STATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE SURVEYOR. FLOODPLAIN NOTE C-S-1098R CONDITIONS (DATED JANUARY 9, 1996) 1. THE PROPERTY SHALL BE DEVELOPER AND USED ONLY IN ACCORDANCE WITH THE SITE PLAN, LANDSCAPE PLAN, MOMUMENT SIGN PLAN, AND ELEVATION PLANS. 2. THE APPLICANT SHALL CONFER WITH CITY STAFF TO DETERMINE THE APPROPRIATE NUMBER AND TYPE OF TREES NEEDED TO BUFFER NOISE AND LIGHT ON THE NORTH AND WEST SIDES OF THE PROPOSED BUILDING. 3. THE TRASH COMPACTOR AREA SHALL BE SCREENED WITH APPROPRIATE PLANTS IN ACCORDANCE WITH THE LANDSCAPE PLAN. 4. THE PROPERTY SHALL BE DEVELOPED, USED, AND ANY BUSINESS OPERATIONS ON THE PROPERTY SHALL LIMIT DELIVERY HOURS TO NO EARLIER THAN 6 AM AND NO LATER THAN 10 PM DAILY. C-2-1098R2 CONDITIONS (DATED MAY 11TH, 2004) 5. LIGHTING ASSOCIATED WITH THE PHARMACY DRIVE THRU WILL BE TIMED TO COINCIDE WITH THE DRIVE-THRU PHARMACY HOURS. MORE SPECIFICALLY, LIGHTING UNDER CANOPY WILL BE TURNED OFF AT CLOSING TIME OF THE PHARMACY. REFER TO CANOPY DETAILS FOR ADDITIONAL INFORMATION ON RECESSED CAN LIGHT FIXTURE. 6. PHARMACY SPEAKER ON WALL WILL HAVE FULL VOLUME ADJUSTMENT CAPABILITY WHICH WILL MEET CITY SPECIFICATIONS. 7. THE HOURS OF OPERATION FOR THIS PHARMACY DRIVE THRU SHALL NOT EXCEED: 9 a.m. to 9 p.m. - MONDAY through FRIDAY, 9 a.m. to 7 p.m. - SATURDAY, and 10 a.m. to 4 p.m. 6 P.M. - SUNDAY. 8. CANOPY WILL HAVE AN EXTERIOR INSULATING FINISHING SYSTEM (EIFS) AND WILL BE COLOR #6050 WHITE LINEN FROM S.T.O. CORPORATION. 9.THE EXISTING EXTERNAL LIGHTS ON THE NORTH AND WEST SIDE OF THE BUILDING ARE NEVER ON. THIS TIMING WILL NOT BE MODIFIED. 10. SIGNAGE WILL BE PROVIDED TO DISCOURAGE CIRCULATION AROUND THE REAR OF THE BUILDING. PD-306-C CONDITIONS (DATED JULY 11, 2023) 1. NO OUTSIDE STORAGE OF MATERIALS OR GOODS WILL BE PERMITTED UNDER THE FUEL STATION CANOPY. 2. AN ADDITIONAL 40 SQUARE-FOOT MONUMENT SIGN FOR FUEL PRICING SHALL BE ALLOWED AS SHOWN ON THE SITE PLAN AND SIGNAGE PLANS. 3.A PARKING DEFICIENCY OF 11 PARKING SPACES SHALL BE ALLOWED AS NOTED ON THE SITE PLAN. 4. THE HOURS OF OPERATION OF THE GAS PUMPS SHALL BE 6 A.M. TO 12 A.M. DAILY. LIGHTS SHALL BE DIMMED TO MINIMUM ACCEPTABLE CITY STANDARDS BETWEEN 12 A.M. AND 6 A.M. 5. ENSURE THE PROPOSED TREES ARE PLANTED TO MITIGATE ANY GAPS IN SCREENING. STUMPS/ROOTS ON THE WEST SIDE WILL NEED TO BE REMOVED PRIOR TO PLANTING. (INDICATED ON LANDSCAPE PLAN) 6. LIGHTS ON THE NORTH AND WEST PERIMETER BE ALLOWED TO BE TURNED ON AND MAINTAINED IN ACCORDANCE WITH THE GLARE AND LIGHTING STANDARDS OF THE ZONING ORDINANCE. (REVISED ABOVE) 7. MODIFY THE PREVIOUS PHARMACY SUP CONDITION TO INCLUDE THE WORD "DRIVE THRU" FOR CLARIFICATION PURPOSES.(REVISED ABOVE) 8. INCREASE SUNDAY PHARMACY DRIVE THRU HOURS FROM "10 A.M. TO 4 P.M." TO "10 A.M. TO 6 P.M." (REVISED ABOVE) 9. ADDRESS LIGHT SCREENING TOWARDS THE RESIDENTIAL AREAS AND LANDSCAPING DEFICIENCIES. (INDICATED ON PHOTOMETRIC PLAN AND LANDSCAPE PLAN, RESPECTIVELY) 10.FUEL DELIVERIES ARE RESTRICTED BETWEEN THE HOURS OF 3 P.M. - 4 P.M., MONDAY THROUGH FRIDAY. 11. IF WARRANTED AFTER THE INSTALLATION OF THE GAS PUMPS, KROGER SHALL FUND IT'S SHARE OF THE COST TO INSTALL A TRAFFIC SIGNAL AT THE INTERSECTION OF VILLAGE PARKWAY AND MACARTHUR PD-XXX-X CONDITIONS (DATED SEPTEMBER 12, 2023) 1. A PARKING DEFICIENCY OF 20 PARKING SPACES SHALL BE ALLOWED AS NOTED ON THE SITE PLAN. 268 LAKESIDE VILLAGE PHASE IIVOLUME 96147, PAGE 0011M.R.D.C.T.LOT 2R7.01 ACRES305,300 SQ. FT.DDD15' PUBLIC ALLEYPER VOLUME92228, PAGE 3876M.R.D.C.T.LOT 8, BLOCK DWATERS EDGE, PHASE TWOVOLUME 94144, PAGE 02344M.R.D.C.T.LOT 10, BLOCK DWATERS EDGE, PHASE TWOVOLUME 94144, PAGE 02344M.R.D.C.T.LOT 7, BLOCK DWATERS EDGE, PHASE TWOVOLUME 94144, PAGE 02344M.R.D.C.T.LOT 9, BLOCK DWATERS EDGE, PHASE TWOVOLUME 94144, PAGE 02344M.R.D.C.T.LANDSCAPE & SIDEWALK EASEMENTR VOLUME 94144, PAGE 2344M.R.D.C.T.30' FIRELANE EASMENTPER VOLUME 96147, PAGE 0011M.R.D.C.T.25' FIRELANE EASMENTPER VOLUME 96147, PAGE 0011M.R.D.C.T.20' DRAINAGE EASMENTPER VOLUME 96147, PAGE 0011M.R.D.C.T.M.R.D.C.T.PER VOLUME 96147, PAGE 001130' BUILDING LINEVISIBILITYTRIANGLEPER VOLUME96147, PAGE 0011M.R.D.C.T.15' UTILITY, LANDSCAPE &SIDEWALK EASEMENTVOLUME 85095, PAGE 2840 &M.R.D.C.T.PER VOLUME 85186, PAGE 167030' BUILDING LINEVISIBILITY TRAINGLEPER VOLUME 96147, PAGE 0011M.R.D.C.T.VISIBILITY TRAINGLEPER VOLUME 96147, PAGE 0011M.R.D.C.T.WALL MAINTENANCE EASEMENTVOLUME 85186, PAGE 1670M.R.D.C.T.30' FIRELANEEASMENTPER VOLUME96147, PAGE 0011M.R.D.C.T.25' FIRELANE EASMENTPER VOLUME 96147, PAGE 0011M.R.D.C.T.SANDY LAKE ROADVARIABLE WIDTH RIGHT-OF-WAYRIGHT TURN EASMENTPER VOLUME 96147, PAGE 0011M.R.D.C.T.5' LONE STAR GAS EASMENTVOLUME 96147, PAGE 0011M.R.D.C.T.VISIBILITY TRAINGLEVOLUME 96147, PAGE 0011M.R.D.C.T.LUME 96147, PAGE15' UTILITY, LANDSCAPE &SIDEWALK EASEMENTVOLUME 96147, PAGE 0011M.R.D.C.T.VAN(52) IB(2) CP(2) CPPROPOSEDSTREET TREES(7) IV(7) LM(1) JE(7) LM(3) LM(1) LM(27) EXISTINGPARKING LOTTREE(5) EXISTINGPARKING LOTTREE(1) CP(PARKINGLOT TREE)(15) EXISTINGSTREET TREES(8) EXISTINGSTREET TREES(3) EXISTINGSTREET TREES(5) EXISTINGSTREET TREES(4) CPPROPOSEDSTREET TREES(2) CP(PARKINGLOT TREES)(42) EXISTINGCREPE MYRTLE(1) LM(10) JE(8) JE(6) JE(4) LM(225) LB(71) IB(16) IB(4) LMTHE CONTRACTOR SHALL INSTALL ROOT BARRIERS NEAR ALLNEWLY-PLANTED TREES THAT ARE LOCATED WITHIN FIVE (5) FEET OFPAVING OR CURBS. ROOT BARRIERS SHALL BE "CENTURY" OR"DEEP-ROOT" 24" DEEP PANELS (OR EQUAL). BARRIERS SHALL BELOCATED IMMEDIATELY ADJACENT TO HARDSCAPE. INSTALL PANELSPER MANUFACTURER'S RECOMMENDATIONS. UNDER NOCIRCUMSTANCES SHALL THE CONTRACTOR USE ROOT BARRIERS OF ATYPE THAT COMPLETELY ENCIRCLE THE ROOTBALL.ROOT BARRIERSMULCHESAFTER ALL PLANTING IS COMPLETE, CONTRACTOR SHALL INSTALL 3" THICKLAYER OF MULCH, TO MATCH EXISTING CONDITIONS, OVER LANDSCAPE FABRICIN ALL PLANTING AREAS (EXCEPT FOR TURF AND SEEDED AREAS). CONTRACTORSHALL SUBMIT SAMPLES OF ALL MULCHES TO LANDSCAPE ARCHITECT ANDOWNER FOR APPROVAL PRIOR TO CONSTRUCTION. ABSOLUTELY NO EXPOSEDGROUND SHALL BE LEFT SHOWING ANYWHERE ON THE PROJECT AFTER MULCHHAS BEEN INSTALLED (SUBJECT TO THE CONDITIONS AND REQUIREMENTS OFTHE "GENERAL GRADING AND PLANTING NOTES" AND SPECIFICATIONS).GENERAL GRADING AND PLANTING NOTES1. BY SUBMITTING A PROPOSAL FOR THE LANDSCAPE PLANTING SCOPE OF WORK, THE CONTRACTOR CONFIRMS THAT HE HASREAD, AND WILL COMPLY WITH, THE ASSOCIATED NOTES, SPECIFICATIONS, AND DETAILS WITH THIS PROJECT.2. THE GENERAL CONTRACTOR IS RESPONSIBLE FOR REMOVING ALL EXISTING VEGETATION (EXCEPT WHERE NOTED TO REMAIN).3. IN THE CONTEXT OF THESE PLANS, NOTES, AND SPECIFICATIONS, "FINISH GRADE" REFERS TO THE FINAL ELEVATION OF THE SOILSURFACE (NOT TOP OF MULCH) AS INDICATED ON THE GRADING PLANS.a. BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE ROUGH GRADES OF ALL LANDSCAPEAREAS ARE WITHIN +/-0.1' OF FINISH GRADE. SEE SPECIFICATIONS FOR MORE DETAILED INSTRUCTION ON TURF AREA ANDPLANTING BED PREPARATION.b. CONSTRUCT AND MAINTAIN FINISH GRADES AS SHOWN ON GRADING PLANS, AND CONSTRUCT AND MAINTAIN SLOPES ASRECOMMENDED BY THE GEOTECHNICAL REPORT. ALL LANDSCAPE AREAS SHALL HAVE POSITIVE DRAINAGE AWAY FROMSTRUCTURES AT THE MINIMUM SLOPE SPECIFIED IN THE REPORT AND ON THE GRADING PLANS, AND AREAS OF POTENTIALPONDING SHALL BE REGRADED TO BLEND IN WITH THE SURROUNDING GRADES AND ELIMINATE PONDING POTENTIAL.c. THE LANDSCAPE CONTRACTOR SHALL DETERMINE WHETHER OR NOT THE EXPORT OF ANY SOIL WILL BE NEEDED, TAKINGINTO ACCOUNT THE ROUGH GRADE PROVIDED, THE AMOUNT OF SOIL AMENDMENTS TO BE ADDED (BASED ON A SOIL TEST,PER SPECIFICATIONS), AND THE FINISH GRADES TO BE ESTABLISHED.d. ENSURE THAT THE FINISH GRADE IN SHRUB AREAS IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKING SURFACES,AFTER INSTALLING SOIL AMENDMENTS, IS 3" BELOW THE ADJACENT FINISH SURFACE, IN ORDER TO ALLOW FOR PROPERMULCH DEPTH. TAPER THE SOIL SURFACE TO MEET FINISH GRADE, AS SPECIFIED ON THE GRADING PLANS, ATAPPROXIMATELY 18" AWAY FROM THE WALKS.e. ENSURE THAT THE FINISH GRADE IN TURF AREAS IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKING SURFACES,AFTER INSTALLING SOIL AMENDMENTS, IS 1" BELOW THE FINISH SURFACE OF THE WALKS. TAPER THE SOIL SURFACE TOMEET FINISH GRADE, AS SPECIFIED ON THE GRADING PLANS, AT APPROXIMATELY 18" AWAY FROM THE WALKS.f. SHOULD ANY CONFLICTS AND/OR DISCREPANCIES ARISE BETWEEN THE GRADING PLANS, GEOTECHNICAL REPORT, THESENOTES AND PLANS, AND ACTUAL CONDITIONS, THE CONTRACTOR SHALL IMMEDIATELY BRING SUCH ITEMS TO THEATTENTION OF THE LANDSCAPE ARCHITECT, GENERAL CONTRACTOR, AND OWNER.4. ALL PLANT LOCATIONS ARE DIAGRAMMATIC. ACTUAL LOCATIONS SHALL BE VERIFIED WITH THE LANDSCAPE ARCHITECT ORDESIGNER PRIOR TO PLANTING. THE LANDSCAPE CONTRACTOR SHALL ENSURE THAT ALL REQUIREMENTS OF THE PERMITTINGAUTHORITY ARE MET (I.E., MINIMUM PLANT QUANTITIES, PLANTING METHODS, TREE PROTECTION METHODS, ETC.).a. THE LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR DETERMINING PLANT QUANTITIES; PLANT QUANTITIES SHOWN ONLEGENDS AND CALLOUTS ARE FOR GENERAL INFORMATION ONLY. IN THE EVENT OF A DISCREPANCY BETWEEN THE PLANAND THE PLANT LEGEND, THE PLANT QUANTITY AS SHOWN ON THE PLAN (FOR INDIVIDUAL SYMBOLS) OR CALLOUT (FORGROUNDCOVER PATTERNS) SHALL TAKE PRECEDENCE.b.NO SUBSTITUTIONS OF PLANT MATERIALS SHALL BE ALLOWED WITHOUT THE WRITTEN PERMISSION OF THE LANDSCAPEARCHITECT. IF SOME OF THE PLANTS ARE NOT AVAILABLE, THE LANDSCAPE CONTRACTOR SHALL NOTIFY THE LANDSCAPEARCHITECT IN WRITING (VIA PROPER CHANNELS).c. THE CONTRACTOR SHALL, AT A MINIMUM, PROVIDE REPRESENTATIVE PHOTOS OF ALL PLANTS PROPOSED FOR THEPROJECT. THE CONTRACTOR SHALL ALLOW THE LANDSCAPE ARCHITECT AND THE OWNER/OWNER'S REPRESENTATIVE TOINSPECT, AND APPROVE OR REJECT, ALL PLANTS DELIVERED TO THE JOBSITE. REFER TO SPECIFICATIONS FORADDITIONAL REQUIREMENTS FOR SUBMITTALS.5. THE CONTRACTOR SHALL MAINTAIN THE LANDSCAPE IN A HEALTHY CONDITION FOR 90 DAYS AFTER ACCEPTANCE BY THEOWNER. REFER TO SPECIFICATIONS FOR CONDITIONS OF ACCEPTANCE FOR THE START OF THE MAINTENANCE PERIOD, ANDFOR FINAL ACCEPTANCE AT THE END OF THE MAINTENANCE PERIOD.6. SEE SPECIFICATIONS AND DETAILS FOR FURTHER REQUIREMENTS. LANDSCAPE PLANTING1. CONTRACTOR TO AUGMENT EXISTING IRRIGATION SYSTEMTO PROVIDE IRRIGATION TO NEWLY PLANTED AREAS.2. VERIFY EXISTING SYSTEM IS CAPABLE OF PROVIDINGNECESSARY WATERING FOR NEW PLANTING AREAS.3. CONTRACTOR SHALL ASSESS PLANT MATERIAL ANDREPLACE PLANTINGS THAT ARE SICK OR DEAD.4. LANDSCAPE CONTRACTOR SHALL INSPECT ALL EXISTINGTREES ALONG PERIMETER OF SITE. ANY EXISTING TREESTHAT HAVE BEEN REMOVED AND ARE MISSING FROM THELANDSCAPE PLAN WILL BE REQUIRED TO BE REPLACED.CONTRACTOR SHALL REPLACE TREE WITH LIKE SPECIES ASSHOWN ON THE LANDSCAPE PLAN WITH A MINIMUM 3” MINIMUMCALIPER.LANDSCAPE NOTESLANDSCAPE CALCULATIONSTOTAL SITE AREA:305,300 S.F.PERIMETER AREAPERIMETER - PUBLIC STREET 16,455 SF (1,097 LF)LANDSCAPE AREA REQUIRED: 1,645 SF (10%)LANDSCAPE AREA PROVIDED: 13,061 SF (79.3%)PERIMETER TREES REQUIRED: 22 TREES (1 / 50 LF)PERIMETER TREES PROVIDED: 37 TREES (31 EXISTING + 6 PROPOSED)PERIMETER - PROPERTY LINE 11,220 SF (1,122 LF)LANDSCAPE AREA REQUIRED: 1,122 SF (10%)LANDSCAPE AREA PROVIDED: 10,775 SF (96 %)PERIMETER TREES REQUIRED: 23 TREES (1 / 50 LF)PERIMETER TREES PROVIDED: 74 TREES (55 EXISTING + 19 PROPOSED)INTERIOR AREAVEHICLE USE AREA:145,909 SFLANDSCAPE AREA REQUIRED: 14,590 SF (10%)LANDSCAPE AREA PROVIDED: 19,840 SF (13.5 %)TREES REQUIRED:37 TREES (1 TREE / 400 SF = 36.4)TREES PROVIDED:37 TREES (32 EXISTING + 5 PROPOSED)PARKING SPACES:303 SPACESISLANDS REQUIRED:37 ISLANDS (12% OF PARKING SPACES)ISLANDS PROVIDED;42 ISLANDSTREES IN ISLANDS:PROVIDEDNON VEHICLE USE AREALOT AREA EXCLUDING BLDG:238,032 SFLANDSCAPE AREA REQUIRED: 35,704 SF (15% OF SITE EXCLUDING BUILDINGS)LANDSCAPE AREA PROVIDED: 21,693 SF (9.1 %)TREES REQUIRED:14 TREES (1 TREE / 2,500 SF = 14)TREES PROVIDED:16 TREES (EXISTING)LP-1Scale 1" = 30'15'60'30'0'PROPERTY LINEEXISTING SCREEN WALLEXISTING LANDSCAPETO REMAIN, TYP.DATENo.REVISION BYDATE:SHEETFile No. 2022-19406-07-2023CHECKED:EMS/RMDRAWN:EMSDESIGN:EMSKROGER 448 950 E. SANDY LAKERD. COPPELL, TX TEXAS REGISTRATION #141991903 CENTRAL DR. SUITE #406 PHONE: 817.281.0572 BEDFORD, TX 76021 WWW.CLAYMOOREENG.COM.HIHI C SSTE R CCTTES A E ETSTAIREG 73OF53ETX ERLDR E CAANDSMEPAPLEY(800) 680-663015455 Dallas Pkwy., Ste 600Addison, TX 75001www.EvergreenDesignGroup.comEVERGREEND E S I G N G R O U P08-09-2023PROPERTY LINEPROPERTY LINEPROPERTY LINEEXISTING LANDSCAPETO REMAIN, TYP.EXISTING LANDSCAPETO REMAIN, TYP.EXISTING LANDSCAPETO REMAIN, TYP.EXISTING LANDSCAPETO REMAIN, TYP.RESTORE TO LIMITSOF DISTURBANCEEXISTING RETAINING WALLEDGING BETWEENSHRUB AREA AND TURFEXISTING SCREEN WALLEDGING BETWEENSHRUB AREA AND TURFEDGING BETWEENSHRUB AREA AND TURFTREESCODEQTYBOTANICAL / COMMON NAMECAL.CONT.SIZE118 EX. SHADE TREE TO REMAIN42 EX CREPE MYRTLE TO REMAINIV 7Ilex vomitoria3" Cal.Cont. 8`-10`Yaupon HollyJE 26 Juniperus virginiana3" Cal.Cont. 8`-10`Eastern RedcedarLM 23 Lagerstroemia i. x f. 'Muskogee' 3" Cal. Cont. 8`-10`Crepe MyrtleCP 12 Pistancia chinensis3" Cal.Cont. or B&B 12`-14` HTChinese PistacheSHRUBSCODEQTYBOTANICAL / COMMON NAMECONTAINERSPACINGSIZEIB 139 Ilex cornuta `Burfordii`5 gal36" OC30" MinBurford HollySHRUB AREASCODEQTYBOTANICAL / COMMON NAMECONTSPACINGSIZE2,722 sf EX SHRUBGROUND COVERSCODEQTYBOTANICAL / COMMON NAMECONTSPACINGSIZELB 286 Liriope muscari 'Big Blue'4" Pot12" O.C.Big Blue LilyturfPLANT SCHEDULE LSPROPOSED SIGN -BY OTHERSCONTRACTOR TO EVALUATE ALL EXISTING TREES ONSITE. ANY TREE IN DECLINING HEALTH OR TREES THAT HAVE BEEN REMOVED DUE TO MAINTENANCE SHALL BE REPLACED OF LIKE SPECIES SHOWN ON LANDSCAPE PLAN. THE MINIMUM CALIPER FOR ANY REPLACEMENT TREE IS 3".DURING MAINTENANCE OF LANDSCAPE.CONTRACTOR TO REPLACE EXISTINGEASTERN RED CEDAR. CONTRACTORSHALL REVIEW ALL TREE LOCATIONS ANDREPLACE ANY MISSING OR DEAD TREES.EXISTING TREE HAS BEEN REMOVED269 PLANT SPACINGSCALE: NTSC4X2X3215674123SHRUB, PERENNIAL, OR ORNAMENTAL GRASS.MULCH, TYPE AND DEPTH PER PLANS. PLACE NOMORE THAN 1" OF MULCH WITHIN 6" OF PLANTCENTER.FINISH GRADE.BACKFILL. AMEND AND FERTILIZE ONLY ASRECOMMENDED IN SOIL FERTILITY ANALYSIS.ROOT BALL.UNDISTURBED NATIVE SOIL.3" HIGH EARTHEN WATERING BASIN.567SHRUB AND PERENNIAL PLANTINGSCALE: NTSB8WEED FABRIC UNDER MULCH.8PLANTING SPECIFICATIONSFINISH GRADE.44321NOTES:1) INSTALL EDGING SO THAT STAKES WILL BE ON INSIDE OF PLANTING BED.2) BOTTOM OF EDGING SHALL BE BURIED A MINIMUM OF 1" BELOW FINISH GRADE.3) TOP OF MULCH SHALL BE 1" LOWER THAN TOP OF EDGING.MULCH, TYPE AND DEPTH PER PLANS.3TAPERED STEEL STAKES.2ROLLED-TOP STEEL EDGING PER PLANS.1DSCALE: NOT TO SCALESTEEL EDGINGTURF (WHERE SHOWN ON PLAN).4PLANT.3MULCH LAYER.2CURB.11432OF MATURE CANOPY24" MIN. TO EDGEDISTANCE PER PLANESCALE: NOT TO SCALEPLANTING AT PARKING AREATREE PLANTINGSCALE: NOT TO SCALEAPLANT CENTER (TYP.)EQUAL EQUALEQ U A LEDGE OF PLANTING AREAEQUALNOTE: ALL PLANTS SHALL BE PLANTED AT EQUAL TRIANGULAR SPACING (EXCEPT WHERESHOWN ON PLANS AS INFORMAL GROUPINGS). REFER TO PLANT LEGEND FOR SPACINGDISTANCE BETWEEN PLANTS.1) STEP 1: DETERMINE TOTAL PLANTS FOR THE AREA WITH THE FOLLOWING FORMULA:TOTAL AREA / AREA DIVIDER = TOTAL PLANTSPLANT SPACINGAREA DIVIDERPLANT SPACINGAREA DIVIDER6"0.2218"1.958"0.3924"3.4610"0.6030"5.4112"0.8736"7.7915"1.352) STEP 2: SUBTRACT THE ROW (S) OF PLANTS THAT WOULD OCCUR AT THE EDGE OF THEPLANTED AREA WITH THE FOLLOWING FORMULA: TOTAL PERIMETER LENGTH / PLANTSPACING = TOTAL PLANT SUBTRACTIONEXAMPLE: PLANTS AT 18" O.C. IN 100 SF PLANTING AREA, 40 LF PERIMETERSTEP 1: 100 SF/1.95 = 51 PLANTSSTEP 2: 51 PLANTS - (40 LF / 1.95 = 21 PLANTS) = 30 PLANTS TOTAL5674189111012PREVAILINGWINDSNOTES:1. SCARIFY SIDES OF PLANTING PIT PRIOR TO SETTING TREE.2. REMOVE EXCESS SOIL APPLIED ON TOP OF THE ROOTBALL THATCOVERS THE ROOT FLARE. THE PLANTING HOLE DEPTH SHALL BESUCH THAT THE ROOTBALL RESTS ON UNDISTURBED SOIL, AND THEROOT FLARE IS 2"-4" ABOVE FINISH GRADE.3. FOR B&B TREES, CUT OFF BOTTOM 1/3 OF WIRE BASKET BEFOREPLACING TREE IN HOLE, CUT OFF AND REMOVE REMAINDER OFBASKET AFTER TREE IS SET IN HOLE, REMOVE ALL NYLON TIES,TWINE, ROPE, AND OTHER PACKING MATERIAL. REMOVE AS MUCHBURLAP FROM AROUND ROOTBALL AS IS PRACTICAL.4. REMOVE ALL NURSERY STAKES AFTER PLANTING.5. FOR TREES 36" BOX/2.5" CAL. AND LARGER, USE THREE STAKES ORDEADMEN (AS APPROPRIATE), SPACED EVENLY AROUND TREE.6. STAKING SHALL BE TIGHT ENOUGH TO PREVENT TRUNK FROMBENDING, BUT LOOSE ENOUGH TO ALLOW SOME TRUNK MOVEMENTIN WIND.123TREE CANOPY.CINCH-TIES (24" BOX/2" CAL. TREES AND SMALLER) OR12 GAUGE GALVANIZED WIRE WITH NYLON TREESTRAPS AT TREE AND STAKE (36" BOX/2.5" CAL. TREESAND LARGER). SECURE TIES OR STRAPS TO TRUNKJUST ABOVE LOWEST MAJOR BRANCHES.GREEN STEEL T-POSTS. EXTEND POSTS 12" MIN. INTOUNDISTURBED SOIL.24" X 3/4" P.V.C. MARKERS OVER WIRES.PRESSURE-TREATED WOOD DEADMAN, TWO PERTREE (MIN.). BURY OUTSIDE OF PLANTING PIT AND18" MIN. INTO UNDISTURBED SOIL.MULCH, TYPE AND DEPTH PER PLANS. DO NOTPLACE MULCH WITHIN 6" OF TRUNK.FINISH GRADE.BACKFILL. AMEND AND FERTILIZE ONLY ASRECOMMENDED IN SOIL FERTILITY ANALYSIS.ROOT BALL.UNDISTURBED NATIVE SOIL.4" HIGH EARTHEN WATERING BASIN.TRUNK FLARE.CONIFEROUSTREEPREVAILINGWINDSSTAKING EXAMPLES (PLAN VIEW)2467891011143X ROOTBALL DIA.523512NON-CONIFEROUSTREE1313FINISH GRADE.ROOT BARRIER - PLAN VIEWSCALE: NOT TO SCALEFGENERALA. QUALIFICATIONS OF LANDSCAPE CONTRACTOR1. ALL LANDSCAPE WORK SHOWN ON THESE PLANS SHALL BE PERFORMED BY A SINGLE FIRM SPECIALIZING INLANDSCAPE PLANTING.2. A LIST OF SUCCESSFULLY COMPLETED PROJECTS OF THIS TYPE, SIZE AND NATURE MAY BE REQUESTED BY THEOWNER FOR FURTHER QUALIFICATION MEASURES.3. THE LANDSCAPE CONTRACTOR SHALL HOLD A VALID NURSERY AND FLORAL CERTIFICATE ISSUED BY THE TEXASDEPARTMENT OF AGRICULTURE, AS WELL AS OPERATE UNDER A COMMERCIAL PESTICIDE APPLICATOR LICENSEISSUED BY EITHER THE TEXAS DEPARTMENT OF AGRICULTURE OR THE TEXAS STRUCTURAL PEST CONTROL BOARD.3. THE LANDSCAPE CONTRACTOR SHALL HOLD A VALID CONTRACTOR'S LICENSE ISSUED BY THE APPROPRIATE LOCALJURISDICTION.B. SCOPE OF WORK1. WORK COVERED BY THESE SECTIONS INCLUDES THE FURNISHING AND PAYMENT OF ALL MATERIALS, LABOR,SERVICES, EQUIPMENT, LICENSES, TAXES AND ANY OTHER ITEMS THAT ARE NECESSARY FOR THE EXECUTION,INSTALLATION AND COMPLETION OF ALL WORK, SPECIFIED HEREIN AND / OR SHOWN ON THE LANDSCAPE PLANS,NOTES, AND DETAILS.2. ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH ALL APPLICABLE LAWS, CODES AND REGULATIONSREQUIRED BY AUTHORITIES HAVING JURISDICTION OVER SUCH WORK, INCLUDING ALL INSPECTIONS AND PERMITSREQUIRED BY FEDERAL, STATE AND LOCAL AUTHORITIES IN SUPPLY, TRANSPORTATION AND INSTALLATION OFMATERIALS.3. THE LANDSCAPE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITY LINES (WATER, SEWER,ELECTRICAL, TELEPHONE, GAS, CABLE, TELEVISION, ETC.) PRIOR TO THE START OF ANY WORK.PRODUCTSA. ALL MANUFACTURED PRODUCTS SHALL BE NEW.B. CONTAINER AND BALLED-AND-BURLAPPED PLANTS:1. FURNISH NURSERY-GROWN PLANTS COMPLYING WITH ANSI Z60.1-2014. PROVIDE WELL-SHAPED, FULLY BRANCHED,HEALTHY, VIGOROUS STOCK FREE OF DISEASE, INSECTS, EGGS, LARVAE, AND DEFECTS SUCH AS KNOTS, SUNSCALD, INJURIES, ABRASIONS, AND DISFIGUREMENT. ALL PLANTS WITHIN A SPECIES SHALL HAVE SIMILAR SIZE, ANDSHALL BE OF A FORM TYPICAL FOR THE SPECIES. ALL TREES SHALL BE OBTAINED FROM SOURCES WITHIN 200 MILESOF THE PROJECT SITE, AND WITH SIMILAR CLIMACTIC CONDITIONS.2. ROOT SYSTEMS SHALL BE HEALTHY, DENSELY BRANCHED ROOT SYSTEMS, NON-POT-BOUND, FREE FROMENCIRCLING AND/OR GIRDLING ROOTS, AND FREE FROM ANY OTHER ROOT DEFECTS (SUCH AS J-SHAPED ROOTS).3. TREES MAY BE PLANTED FROM CONTAINERS OR BALLED-AND-BURLAPPED (B&B), UNLESS SPECIFIED ON THEPLANTING LEGEND. BARE-ROOT TREES ARE NOT ACCEPTABLE.4. ANY PLANT DEEMED UNACCEPTABLE BY THE LANDSCAPE ARCHITECT OR OWNER SHALL BE IMMEDIATELY REMOVEDFROM THE SITE AND SHALL BE REPLACED WITH AN ACCEPTBLE PLANT OF LIKE TYPE AND SIZE AT THECONTRACTOR'S OWN EXPENSE. ANY PLANTS APPEARING TO BE UNHEALTHY, EVEN IF DETERMINED TO STILL BEALIVE, SHALL NOT BE ACCEPTED. THE LANDSCAPE ARCHITECT AND OWNER SHALL BE THE SOLE JUDGES AS TO THEACCEPTABILITY OF PLANT MATERIAL.5. ALL TREES SHALL BE STANDARD IN FORM, UNLESS OTHERWISE SPECIFIED. TREES WITH CENTRAL LEADERS WILLNOT BE ACCEPTED IF LEADER IS DAMAGED OR REMOVED. PRUNE ALL DAMAGED TWIGS AFTER PLANTING.6. CALIPER MEASUREMENTS FOR STANDARD (SINGLE TRUNK) TREES SHALL BE AS FOLLOWS: SIX INCHES ABOVE THEROOT FLARE FOR TREES UP TO AND INCLUDING FOUR INCHES IN CALIPER, AND TWELVE INCHES ABOVE THE ROOTFLARE FOR TREES EXCEEDING FOUR INCHES IN CALIPER.7. MULTI-TRUNK TREES SHALL BE MEASURED BY THEIR OVERALL HEIGHT, MEASURED FROM THE TOP OF THE ROOTBALL. WHERE CALIPER MEASUREMENTS ARE USED, THE CALIPER SHALL BE CALCULATED AS ONE-HALF OF THE SUMOF THE CALIPER OF THE THREE LARGEST TRUNKS.8. ANY TREE OR SHRUB SHOWN TO HAVE EXCESS SOIL PLACED ON TOP OF THE ROOT BALL, SO THAT THE ROOT FLAREHAS BEEN COMPLETELY COVERED, SHALL BE REJECTED.C. SOD: PROVIDE WELL-ROOTED SOD OF THE VARIETY NOTED ON THE PLANS. SOD SHALL BE CUT FROM HEALTHY, MATURETURF WITH SOIL THICKNESS OF 3/4" TO 1". EACH PALLET OF SOD SHALL BE ACCOMPANIED BY A CERTIFICATE FROMSUPPLIER STATING THE COMPOSITION OF THE SOD.D. SEED: PROVIDE BLEND OF SPECIES AND VARIETIES AS NOTED ON THE PLANS, WITH MAXIMUM PERCENTAGES OF PURITY,GERMINATION, AND MINIMUM PERCENTAGE OF WEED SEED AS INDICATED ON PLANS. EACH BAG OF SEED SHALL BEACCOMPANIED BY A TAG FROM THE SUPPLIER INDICATING THE COMPOSITION OF THE SEED.E. TOPSOIL: SANDY TO CLAY LOAM TOPSOIL, FREE OF STONES LARGER THAN ½ INCH, FOREIGN MATTER, PLANTS, ROOTS,AND SEEDS.F. COMPOST: WELL-COMPOSTED, STABLE, AND WEED-FREE ORGANIC MATTER, pH RANGE OF 5.5 TO 8; MOISTURE CONTENT35 TO 55 PERCENT BY WEIGHT; 100 PERCENT PASSING THROUGH 3/4-INCH SIEVE; SOLUBLE SALT CONTENT OF 5 TO 10DECISIEMENS/M; NOT EXCEEDING 0.5 PERCENT INERT CONTAMINANTS AND FREE OF SUBSTANCES TOXIC TO PLANTINGS.NO MANURE OR ANIMAL-BASED PRODUCTS SHALL BE USED.G. FERTILIZER: GRANULAR FERTILIZER CONSISTING OF NITROGEN, PHOSPHORUS, POTASSIUM, AND OTHER NUTRIENTS INPROPORTIONS, AMOUNTS, AND RELEASE RATES RECOMMENDED IN A SOIL REPORT FROM A QUALIFIED SOIL-TESTINGAGENCY (SEE BELOW).H. MULCH: SIZE AND TYPE AS INDICATED ON PLANS, FREE FROM DELETERIOUS MATERIALS AND SUITABLE AS A TOPDRESSING OF TREES AND SHRUBS.I. TREE STAKING AND GUYING1. STAKES: 6' LONG GREEN METAL T-POSTS.2. GUY AND TIE WIRE: ASTM A 641, CLASS 1, GALVANIZED-STEEL WIRE, 2-STRAND, TWISTED, 0.106 INCH DIAMETER.3. STRAP CHAFING GUARD: REINFORCED NYLON OR CANVAS AT LEAST 1-1/2 INCH WIDE, WITH GROMMETS TO PROTECTTREE TRUNKS FROM DAMAGE.L. STEEL EDGING: PROFESSIONAL STEEL EDGING, 14 GAUGE THICK X 4 INCHES WIDE, FACTORY PAINTED DARK GREEN.ACCEPTABLE MANUFACTURERS INCLUDE COL-MET OR APPROVED EQUAL.M. PRE-EMERGENT HERBICIDES: ANY GRANULAR, NON-STAINING PRE-EMERGENT HERBICIDE THAT IS LABELED FOR THESPECIFIC ORNAMENTALS OR TURF ON WHICH IT WILL BE UTILIZED. PRE-EMERGENT HERBICIDES SHALL BE APPLIED PERTHE MANUFACTURER'S LABELED RATES.METHODSA. SOIL PREPARATION1. BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE GRADE OF ALL LANDSCAPEAREAS ARE WITHIN +/-0.1' OF FINISH GRADE. THE CONTRACTOR SHALL NOTIFY THE OWNER IMMEDIATELY SHOULDANY DISCREPANCIES EXIST.2. SOIL TESTING:a. AFTER FINISH GRADES HAVE BEEN ESTABLISHED, CONTRACTOR SHALL HAVE SOIL SAMPLES FROM THEPROJECT'S LANDSCAPE AREAS TESTED BY AN ESTABLISHED SOIL TESTING LABORATORY. EACH SAMPLESUBMITTED TO THE LAB SHALL CONTAIN NO LESS THAN ONE QUART OF SOIL, TAKEN FROM BETWEEN THE SOILSURFACE AND 6" DEPTH. IF NO SAMPLE LOCATIONS ARE INDICATED ON THE PLANS, THE CONTRACTOR SHALLTAKE A MINIMUM OF THREE SAMPLES FROM VARIOUS REPRESENTATIVE LOCATIONS FOR TESTING.b. THE CONTRACTOR SHALL HAVE THE SOIL TESTING LABORATORY PROVIDE RESULTS FOR THE FOLLOWING:SOIL TEXTURAL CLASS, GENERAL SOIL FERTILITY, pH, ORGANIC MATTER CONTENT, SALT (CEC), LIME, SODIUMADSORPTION RATIO (SAR) AND BORON CONTENT.c. THE CONTRACTOR SHALL ALSO SUBMIT THE PROJECT'S PLANT LIST TO THE LABORATORY ALONG WITH THESOIL SAMPLES.d. THE SOIL REPORT PRODUCED BY THE LABORATORY SHALL CONTAIN RECOMMENDATIONS FOR THE FOLLOWING(AS APPROPRIATE): SEPARATE SOIL PREPARATION AND BACKFILL MIX RECOMMENDATIONS FOR GENERALORNAMENTAL PLANTS, XERIC PLANTS, TURF, AND NATIVE SEED, AS WELL AS PRE-PLANT FERTILIZERAPPLICATIONS AND RECOMMENDATIONS FOR ANY OTHER SOIL RELATED ISSUES. THE REPORT SHALL ALSOPROVIDE A FERTILIZER PROGRAM FOR THE ESTABLISHMENT PERIOD AND FOR LONG-TERM MAINTENANCE.3. THE CONTRACTOR SHALL INSTALL SOIL AMENDMENTS AND FERTILIZERS PER THE SOILS REPORTRECOMMENDATIONS. ANY CHANGE IN COST DUE TO THE SOIL REPORT RECOMMENDATIONS, EITHER INCREASE ORDECREASE, SHALL BE SUBMITTED TO THE OWNER WITH THE REPORT.4.FOR BIDDING PURPOSES ONLY, THE SOIL PREPARATION SHALL CONSIST OF THE FOLLOWING:a. TURF: INCORPORATE THE FOLLOWING AMENDMENTS INTO THE TOP 8" OF SOIL BY MEANS OF ROTOTILLINGAFTER CROSS-RIPPING:i. NITROGEN STABILIZED ORGANIC AMENDMENT - 4 CU. YDS. PER 1,000 S.F.ii. PREPLANT TURF FERTILIZER (10-20-10 OR SIMILAR, SLOW RELEASE, ORGANIC) - 15 LBS PER 1,000 S.F.iii. "CLAY BUSTER" OR EQUAL - USE MANUFACTURER'S RECOMMENDED RATEb. TREES, SHRUBS, AND PERENNIALS: INCORPORATE THE FOLLOWING AMENDMENTS INTO THE TOP 8" OF SOIL BYMEANS OF ROTOTILLING AFTER CROSS-RIPPING:i. NITROGEN STABILIZED ORGANIC AMENDMENT - 4 CU. YDS. PER 1,000 S.F.ii. 12-12-12 FERTILIZER (OR SIMILAR, ORGANIC, SLOW RELEASE) - 10 LBS. PER CU. YD.iii. "CLAY BUSTER" OR EQUAL - USE MANUFACTURER'S RECOMMENDED RATEiv. IRON SULPHATE - 2 LBS. PER CU. YD.5. IN THE CONTEXT OF THESE PLANS, NOTES, AND SPECIFICATIONS, "FINISH GRADE" REFERS TO THE FINAL ELEVATIONOF THE SOIL SURFACE (NOT TOP OF MULCH) AS INDICATED ON THE GRADING PLANS.a. BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE ROUGH GRADES OF ALLLANDSCAPE AREAS ARE WITHIN +/-0.1' OF FINISH GRADE. SEE SPECIFICATIONS FOR MORE DETAILEDINSTRUCTION ON TURF AREA AND PLANTING BED PREPARATION.b. CONSTRUCT AND MAINTAIN FINISH GRADES AS SHOWN ON GRADING PLANS, AND CONSTRUCT AND MAINTAINSLOPES AS RECOMMENDED BY THE GEOTECHNICAL REPORT. ALL LANDSCAPE AREAS SHALL HAVE POSITIVEDRAINAGE AWAY FROM STRUCTURES AT THE MINIMUM SLOPE SPECIFIED IN THE REPORT AND ON THE GRADINGPLANS, AND AREAS OF POTENTIAL PONDING SHALL BE REGRADED TO BLEND IN WITH THE SURROUNDINGGRADES AND ELIMINATE PONDING POTENTIAL.c. THE LANDSCAPE CONTRACTOR SHALL DETERMINE WHETHER OR NOT THE EXPORT OF ANY SOIL WILL BENEEDED, TAKING INTO ACCOUNT THE ROUGH GRADE PROVIDED, THE AMOUNT OF SOIL AMENDMENTS TO BEADDED (BASED ON A SOIL TEST, PER SPECIFICATIONS), AND THE FINISH GRADES TO BE ESTABLISHED.d. ENSURE THAT THE FINISH GRADE IN SHRUB AREAS IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKINGSURFACES, AFTER INSTALLING SOIL AMENDMENTS, IS 3" BELOW THE ADJACENT FINISH SURFACE, IN ORDER TOALLOW FOR PROPER MULCH DEPTH. TAPER THE SOIL SURFACE TO MEET FINISH GRADE, AS SPECIFIED ON THEGRADING PLANS, AT APPROXIMATELY 18" AWAY FROM THE WALKS.e. ENSURE THAT THE FINISH GRADE IN TURF AREAS IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKINGSURFACES, AFTER INSTALLING SOIL AMENDMENTS, IS 1" BELOW THE FINISH SURFACE OF THE WALKS. TAPERTHE SOIL SURFACE TO MEET FINISH GRADE, AS SPECIFIED ON THE GRADING PLANS, AT APPROXIMATELY 18"AWAY FROM THE WALKS.f. SHOULD ANY CONFLICTS AND/OR DISCREPANCIES ARISE BETWEEN THE GRADING PLANS, GEOTECHNICALREPORT, THESE NOTES AND PLANS, AND ACTUAL CONDITIONS, THE CONTRACTOR SHALL IMMEDIATELY BRINGSUCH ITEMS TO THE ATTENTION OF THE LANDSCAPE ARCHITECT, GENERAL CONTRACTOR, AND OWNER.6. ONCE SOIL PREPARATION IS COMPLETE, THE LANDSCAPE CONTRACTOR SHALL ENSURE THAT THERE ARE NODEBRIS, TRASH, OR STONES LARGER THAN 1" REMAINING IN THE TOP 6" OF SOIL.B. SUBMITTALS1. THE CONTRACTOR SHALL PROVIDE SUBMITTALS AND SAMPLES, IF REQUIRED, TO THE LANDSCAPE ARCHITECT,AND RECEIVE APPROVAL IN WRITING FOR SUCH SUBMITTALS BEFORE WORK COMMENCES.2. SUBMITTALS SHALL INCLUDE PHOTOS OF PLANTS WITH A RULER OR MEASURING STICK FOR SCALE, PHOTOSOR SAMPLES OF ANY REQUIRED MULCHES, AND SOIL TEST RESULTS AND PREPARATION RECOMMENDATIONSFROM THE TESTING LAB (INCLUDING COMPOST AND FERTILIZER RATES AND TYPES, AND OTHER AMENDMENTSFOR TREE/SHRUB, TURF, AND SEED AREAS AS MAY BE APPROPRIATE).3. SUBMITTALS SHALL ALSO INCLUDE MANUFACTURER CUT SHEETS FOR PLANTING ACCESSORIES SUCH AS TREESTAKES AND TIES, EDGING, AND LANDSCAPE FABRICS (IF ANY).4. WHERE MULTIPLE ITEMS ARE SHOWN ON A PAGE, THE CONTRACTOR SHALL CLEARLY INDICATE THE ITEM BEINGCONSIDERED.C. GENERAL PLANTING1. REMOVE ALL NURSERY TAGS AND STAKES FROM PLANTS.2. EXCEPT IN AREAS TO BE PLANTED WITH ORNAMENTAL GRASSES, APPLY PRE-EMERGENT HERBICIDES AT THEMANUFACTURER'S RECOMMENDED RATE.3. TRENCHING NEAR EXISTING TREES:a. CONTRACTOR SHALL NOT DISTURB ROOTS 1-1/2" AND LARGER IN DIAMETER WITHIN THE CRITICAL ROOTZONE (CRZ) OF EXISTING TREES, AND SHALL EXERCISE ALL POSSIBLE CARE AND PRECAUTIONS TO AVOIDINJURY TO TREE ROOTS, TRUNKS, AND BRANCHES. THE CRZ IS DEFINED AS A CIRCULAR AREAEXTENDING OUTWARD FROM THE TREE TRUNK, WITH A RADIUS EQUAL TO 1' FOR EVERY 1" OF TRUNKDIAMETER-AT-BREAST-HEIGHT (4.5' ABOVE THE AVERAGE GRADE AT THE TRUNK).b. ALL EXCAVATION WITHIN THE CRZ SHALL BE PERFORMED USING HAND TOOLS. NO MACHINE EXCAVATIONOR TRENCHING OF ANY KIND SHALL BE ALLOWED WITHIN THE CRZ.c. ALTER ALIGNMENT OF PIPE TO AVOID TREE ROOTS 1-1/2" AND LARGER IN DIAMETER. WHERE TREE ROOTS1-1/2" AND LARGER IN DIAMETER ARE ENCOUNTERED IN THE FIELD, TUNNEL UNDER SUCH ROOTS. WRAPEXPOSED ROOTS WITH SEVERAL LAYERS OF BURLAP AND KEEP MOIST. CLOSE ALL TRENCHES WITHINTHE CANOPY DRIP LINES WITHIN 24 HOURS.d. ALL SEVERED ROOTS SHALL BE HAND PRUNED WITH SHARP TOOLS AND ALLOWED TO AIR-DRY. DO NOTUSE ANY SORT OF SEALERS OR WOUND PAINTS.C. TREE PLANTING1. TREE PLANTING HOLES SHALL BE EXCAVATED TO MINIMUM WIDTH OF TWO TIMES THE WIDTH OF THEROOTBALL, AND TO A DEPTH EQUAL TO THE DEPTH OF THE ROOTBALL LESS TWO TO FOUR INCHES.2. SCARIFY THE SIDES AND BOTTOM OF THE PLANTING HOLE PRIOR TO THE PLACEMENT OF THE TREE. REMOVEANY GLAZING THAT MAY HAVE BEEN CAUSED DURING THE EXCAVATION OF THE HOLE.3. FOR CONTAINER AND BOX TREES, TO REMOVE ANY POTENTIALLY GIRDLING ROOTS AND OTHER ROOTDEFECTS, THE CONTRACTOR SHALL SHAVE A 1" LAYER OFF OF THE SIDES AND BOTTOM OF THE ROOTBALL OFALL TREES JUST BEFORE PLACING INTO THE PLANTING PIT. DO NOT "TEASE" ROOTS OUT FROM THE ROOTBALL.4. INSTALL THE TREE ON UNDISTURBED SUBGRADE SO THAT THE TOP OF THE ROOTBALL IS TWO TO FOUR INCHESABOVE THE SURROUNDING GRADE.5. BACKFILL THE TREE HOLE UTILIZING THE EXISTING TOPSOIL FROM ON-SITE. ROCKS LARGER THAN 1" DIA. ANDALL OTHER DEBRIS SHALL BE REMOVED FROM THE SOIL PRIOR TO THE BACKFILL. SHOULD ADDITIONAL SOIL BEREQUIRED TO ACCOMPLISH THIS TASK, USE STORED TOPSOIL FROM ON-SITE OR IMPORT ADDITIONAL TOPSOILFROM OFF-SITE AT NO ADDITIONAL COST TO THE OWNER. IMPORTED TOPSOIL SHALL BE OF SIMILAR TEXTURALCLASS AND COMPOSITION IN THE ON-SITE SOIL.6. TREES SHALL NOT BE STAKED UNLESS LOCAL CONDITIONS (SUCH AS HEAVY WINDS OR SLOPES) REQUIRESTAKES TO KEEP TREES UPRIGHT. SHOULD STAKING BE REQUIRED, THE TOTAL NUMBER OF TREE STAKES(BEYOND THE MINIMUMS LISTED BELOW) WILL BE LEFT TO THE LANDSCAPE CONTRACTOR'S DISCRETION.SHOULD ANY TREES FALL OR LEAN, THE LANDSCAPE CONTRACTOR SHALL STRAIGHTEN THE TREE, ORREPLACE IT SHOULD IT BECOME DAMAGED. TREE STAKING SHALL ADHERE TO THE FOLLOWING GUIDELINES:a. 1"-2" TREESTWO STAKES PER TREEb. 2-1/2"-4" TREESTHREE STAKES PER TREEc. TREES OVER 4" CALIPER GUY AS NEEDEDd. MULTI-TRUNK TREES THREE STAKES PER TREE MINIMUM, QUANTITY AND POSITIONS AS NEEDEDTO STABILIZE THE TREEe. #15 CONT. - 24" BOX TREES TWO STAKES PER TREEf. 36"-48" BOX TREESTHREE STAKES PER TREEg. OVER 48" BOX TREES GUY AS NEEDEDh. MULTI-TRUNK TREES THREE STAKES PER TREE MINIMUM, QUANTITY AND POSITIONS AS NEEDEDTO STABILIZE THE TREE7. UPON COMPLETION OF PLANTING, CONSTRUCT AN EARTH WATERING BASIN AROUND THE TREE. COVER THEINTERIOR OF THE TREE RING WITH THE WEED BARRIER CLOTH AND TOPDRESS WITH MULCH (TYPE AND DEPTHPER PLANS).D. SHRUB, PERENNIAL, AND GROUNDCOVER PLANTING1. DIG THE PLANTING HOLES TWICE AS WIDE AND 2" LESS DEEP THAN EACH PLANT'S ROOTBALL. INSTALL THEPLANT IN THE HOLE. BACKFILL AROUND THE PLANT WITH SOIL AMENDED PER SOIL TEST RECOMMENDATIONS.2. INSTALL THE WEED BARRIER CLOTH, OVERLAPPING IT AT THE ENDS. UTILIZE STEEL STAPLES TO KEEP THEWEED BARRIER CLOTH IN PLACE.3. WHEN PLANTING IS COMPLETE, INSTALL MULCH (TYPE AND DEPTH PER PLANS) OVER ALL PLANTING BEDS,COVERING THE ENTIRE PLANTING AREA.E. SODDING1. SOD VARIETY TO BE AS SPECIFIED ON THE LANDSCAPE PLAN.2. LAY SOD WITHIN 24 HOURS FROM THE TIME OF STRIPPING. DO NOT LAY IF THE GROUND IS FROZEN.3. LAY THE SOD TO FORM A SOLID MASS WITH TIGHTLY FITTED JOINTS. BUTT ENDS AND SIDES OF SOD STRIPS -DO NOT OVERLAP. STAGGER STRIPS TO OFFSET JOINTS IN ADJACENT COURSES.4. ROLL THE SOD TO ENSURE GOOD CONTACT OF THE SOD'S ROOT SYSTEM WITH THE SOIL UNDERNEATH.5. WATER THE SOD THOROUGHLY WITH A FINE SPRAY IMMEDIATELY AFTER PLANTING TO OBTAIN AT LEAST SIXINCHES OF PENETRATION INTO THE SOIL BELOW THE SOD.H. MULCH1. INSTALL MULCH TOPDRESSING, TYPE AND DEPTH PER MULCH NOTE, IN ALL PLANTING AREAS AND TREE RINGS.2. DO NOT INSTALL MULCH WITHIN 6" OF TREE ROOT FLARE AND WITHIN 24" OF HABITABLE STRUCTURES, EXCEPTAS MAY BE NOTED ON THESE PLANS. MULCH COVER WITHIN 6" OF CONCRETE WALKS AND CURBS SHALL NOTPROTRUDE ABOVE THE FINISH SURFACE OF THE WALKS AND CURBS. MULCH COVER WITHIN 12" OF WALLSSHALL BE AT LEAST 3" LOWER THAN THE TOP OF WALL.I. CLEAN UP1. DURING LANDSCAPE PREPARATION AND PLANTING, KEEP ALL PAVEMENT CLEAN AND ALL WORK AREAS IN ANEAT, ORDERLY CONDITION.2. DISPOSED LEGALLY OF ALL EXCAVATED MATERIALS OFF THE PROJECT SITE.J. INSPECTION AND ACCEPTANCE1. UPON COMPLETION OF THE WORK, THE LANDSCAPE CONTRACTOR SHALL PROVIDE THE SITE CLEAN, FREE OFDEBRIS AND TRASH, AND SUITABLE FOR USE AS INTENDED. THE LANDSCAPE CONTRACTOR SHALL THENREQUEST AN INSPECTION BY THE OWNER TO DETERMINE FINAL ACCEPTABILITY.2. WHEN THE INSPECTED PLANTING WORK DOES NOT COMPLY WITH THE CONTRACT DOCUMENTS, THELANDSCAPE CONTRACTOR SHALL REPLACE AND/OR REPAIR THE REJECTED WORK TO THE OWNER'SSATISFACTION WITHIN 24 HOURS.3. THE LANDSCAPE MAINTENANCE PERIOD WILL NOT COMMENCE UNTIL THE LANDSCAPE WORK HAS BEENRE-INSPECTED BY THE OWNER AND FOUND TO BE ACCEPTABLE. AT THAT TIME, A WRITTEN NOTICE OF FINALACCEPTANCE WILL BE ISSUED BY THE OWNER, AND THE MAINTENANCE AND GUARANTEE PERIODS WILLCOMMENCE.K. LANDSCAPE MAINTENANCE1. THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF ALL WORK SHOWN ONTHESE PLANS FOR 90 DAYS BEYOND FINAL ACCEPTANCE OF ALL LANDSCAPE WORK BY THE OWNER.LANDSCAPE MAINTENANCE SHALL INCLUDE WEEKLY SITE VISITS FOR THE FOLLOWING ACTIONS (ASAPPROPRIATE): PROPER PRUNING, RESTAKING OF TREES, RESETTING OF PLANTS THAT HAVE SETTLED,MOWING AND AERATION OF LAWNS, WEEDING, RESEEDING AREAS WHICH HAVE NOT GERMINATED WELL,TREATING FOR INSECTS AND DISEASES,REPLACEMENT OF MULCH, REMOVAL OF LITTER, REPAIRS TO THEIRRIGATION SYSTEM DUE TO FAULTY PARTS AND/OR WORKMANSHIP, AND THE APPROPRIATE WATERING OF ALLPLANTINGS. THE LANDSCAPE CONTRACTOR SHALL MAINTAIN THE IRRIGATION SYSTEM IN PROPER WORKINGORDER, WITH SCHEDULING ADJUSTMENTS BY SEASON TO MAXIMIZE WATER CONSERVATION.2. SHOULD SEEDED AND/OR SODDED AREAS NOT BE COVERED BY AN AUTOMATIC IRRIGATION SYSTEM, THELANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR WATERING THESE AREAS AND OBTAINING A FULL,HEALTHY STAND OF PLANTS AT NO ADDITIONAL COST TO THE OWNER.3. TO ACHIEVE FINAL ACCEPTANCE AT THE END OF THE MAINTENANCE PERIOD, ALL OF THE FOLLOWINGCONDITIONS MUST OCCUR:a. THE LANDSCAPE SHALL SHOW ACTIVE, HEALTHY GROWTH (WITH EXCEPTIONS MADE FOR SEASONALDORMANCY). ALL PLANTS NOT MEETING THIS CONDITION SHALL BE REJECTED AND REPLACED BYHEALTHY PLANT MATERIAL PRIOR TO FINAL ACCEPTANCE.b. ALL HARDSCAPE SHALL BE CLEANED PRIOR TO FINAL ACCEPTANCE.c. SODDED AREAS MUST BE ACTIVELY GROWING AND MUST REACH A MINIMUM HEIGHT OF 1 1/2 INCHESBEFORE FIRST MOWING. HYDROMULCHED AREAS SHALL SHOW ACTIVE, HEALTHY GROWTH. BAREAREAS LARGER THAN TWELVE SQUARE INCHES MUST BE RESODDED OR RESEEDED (AS APPROPRIATE)PRIOR TO FINAL ACCEPTANCE. ALL SODDED TURF SHALL BE NEATLY MOWED.L. WARRANTY PERIOD, PLANT GUARANTEE AND REPLACEMENTS1. THE LANDSCAPE CONTRACTOR SHALL GUARANTEE ALL TREES, SHRUBS, PERENNIALS, SOD,SEEDED/HYDROMULCHED AREAS, AND IRRIGATION SYSTEMS FOR A PERIOD OF ONE YEAR FROM THE DATE OFTHE OWNER'S FINAL ACCEPTANCE (90 DAYS FOR ANNUAL PLANTS). THE CONTRACTOR SHALL REPLACE, AT HISOWN EXPENSE AND TO THE SATISFACTION OF THE OWNER, ANY PLANTS WHICH DIE IN THAT TIME, OR REPAIRANY PORTIONS OF THE IRRIGATION SYSTEM WHICH OPERATE IMPROPERLY.2. AFTER THE INITIAL MAINTENANCE PERIOD AND DURING THE GUARANTEE PERIOD, THE LANDSCAPECONTRACTOR SHALL ONLY BE RESPONSIBLE FOR REPLACEMENT OF PLANTS WHEN PLANT DEATH CANNOT BEATTRIBUTED DIRECTLY TO OVERWATERING OR OTHER DAMAGE BY HUMAN ACTIONS.M. PROVIDE A MINIMUM OF (2) COPIES OF RECORD DRAWINGS TO THE OWNER UPON COMPLETION OF WORK. A RECORDDRAWING IS A RECORD OF ALL CHANGES THAT OCCURRED IN THE FIELD AND THAT ARE DOCUMENTED THROUGHCHANGE ORDERS, ADDENDA, OR CONTRACTOR/CONSULTANT DRAWING MARKUPS.TYPICAL CURB AND GUTTERTYPICAL PLANTING AREALINEAR ROOT BARRIER MATERIAL. SEEPLANTING NOTES FOR TYPE ANDMANUFACTURER. INSTALL PERMANUFACTURER'S SPECIFICATIONS.TREE CANOPYTREE TRUNKTYPICAL WALKWAY OR PAVING1234561423565'5'5'5'OPEN LANDSCAPETO 10'PARKWAYOR ISLANDNOTES:1) INSTALL ROOT BARRIERS NEAR ALLNEWLY-PLANTED TREES THAT ARE LOCATEDWITHIN FIVE (5) FEET OF PAVING OR CURBS.2) BARRIERS SHALL BE LOCATED IMMEDIATELYADJACENT TO HARDSCAPE. UNDER NOCIRCUMSTANCES SHALL THE CONTRACTORUSE ROOT BARRIERS OF A TYPE THATCOMPLETELY ENCIRCLE THE ROOTBALL.PLANTING DETAILS & SPECIFICATIONSLP-2DATENo.REVISION BYDATE:SHEETFile No. 2022-19406-07-2023CHECKED:EMS/RMDRAWN:EMSDESIGN:EMSKROGER 448 950 E. SANDY LAKERD. COPPELL, TX TEXAS REGISTRATION #141991903 CENTRAL DR. SUITE #406 PHONE: 817.281.0572 BEDFORD, TX 76021 WWW.CLAYMOOREENG.COM.HIHI C SSTE R CCTTES A E ETSTAIREG 73OF53ETX ERLDR E CAANDSMEPAPLEY(800) 680-663015455 Dallas Pkwy., Ste 600Addison, TX 75001www.EvergreenDesignGroup.comEVERGREEND E S I G N G R O U P08-09-2023270 LAKESIDE VILLAGE PHASE II VOLUME 96147, PAGE 0011 M.R.D.C.T. LOT 2R 7.01 ACRES 305,300 SQ. FT.DDD15' PUBLIC ALLEY PER VOLUME 92228, PAGE 3876 M.R.D.C.T. M.R.D.C.T. LOT 8, BLOCK D WATERS EDGE, PHASE TWO VOLUME 94144, PAGE 02344 M.R.D.C.T. LOT 10, BLOCK D WATERS EDGE, PHASE TWO VOLUME 94144, PAGE 02344 M.R.D.C.T. M.R.D.C.T. LOT 7, BLOCK D WATERS EDGE, PHASE TWO VOLUME 94144, PAGE 02344 M.R.D.C.T. LOT 9, BLOCK D WATERS EDGE, PHASE TWO VOLUME 94144, PAGE 02344 M.R.D.C.T.ITY, LANDSCAPE & SIDEWALK EASEMENTPER VOLUME 94144, PAGE 2344M.R.D.C.T.30' FIRELANE EASMENT PER VOLUME 96147, PAGE 0011 M.R.D.C.T.25' FIRELANE EASMENTPER VOLUME 96147, PAGE 0011M.R.D.C.T.20' DRAINAGE EASMENTPER VOLUME 96147,PAGE 0011M.R.D.C.T.M.R.D.C.T.PER VOLUME 96147, PAGE 001130' BUILDING LINEVISIBILITY TRIANGLE PER VOLUME 96147, PAGE 0011 M.R.D.C.T. 15' UTILITY, LANDSCAPE & SIDEWALK EASEMENT VOLUME 85095, PAGE 2840 & VOLUME 85186, PAGE 1670 M.R.D.C.T. M.R.D.C.T. PER VOLUME 85186, PAGE 1670 30' BUILDING LINE VISIBILITY TRAINGLE PER VOLUME 96147, PAGE 0011 M.R.D.C.T. VISIBILITY TRAINGLE PER VOLUME 96147, PAGE 0011 M.R.D.C.T. WALL MAINTENANCE EASEMENT VOLUME 85186, PAGE 1670 M.R.D.C.T. 30' FIRELANE EASMENT PER VOLUME 96147, PAGE 0011 M.R.D.C.T. 25' FIRELANE EASMENT PER VOLUME 96147, PAGE 0011 M.R.D.C.T.SANDY LAKE ROADVARIABLE WIDTH RIGHT-OF-WAYRIGHT TURN EASMENT PER VOLUME 96147, PAGE 0011 M.R.D.C.T. 5' LONE STAR GAS EASMENT VOLUME 96147, PAGE 0011 M.R.D.C.T. VISIBILITY TRAINGLE VOLUME 96147, PAGE 0011 M.R.D.C.T. 5' RIGHT-OF-WAY DEDICATION VOLUME 96147, PAGE 0011 M.R.D.C.T. 15' UTILITY, LANDSCAPE & SIDEWALK EASEMENT VOLUME 96147, PAGE 0011 M.R.D.C.T. VAN 6827 6826 6825 6824 6823 6822 6821 6820 6819 6818 6817 6816 6815 6814 6813 6812 6811 6810 6809 6808 6807 6806 6805 6804 6803 6802 6801 6735 6734 6733 6732 6731 6730 6729 6728 6727 6726 6725 6724 6723 6722 6721 6720 6719 6718 6717 6716 6715 6714 6713 6712 6711 6710 6709 6708 6707 6706 6705 6704 6703 6702 6701 6700 6699 6698 6697 6696 6695 6694 6693 6692 6691 6690 6689 6688 6687 6686 6685 6684 6683 6682 6681 6680 6679 66786677 6676 6675 6674 6673 667266716670 6669 6668 6667 6666 6665 6664 66636662 6661 6660 6659 6657 6656 6654 6651 66496648664766466645 6644664366426641 6640 663966386637663666356634 6827 6826 6825 6824 6823 6822 6821 6820 6819 6818 6817 6816 6815 6814 6813 6812 6811 6810 6809 6808 6807 6806 6805 6804 6803 6802 6801 6735 6734 6733 6732 6731 6730 6729 6728 6727 6726 6725 6724 6723 6722 6721 6720 6719 6718 6717 6716 6715 6714 6713 6712 6711 6710 6709 6708 6707 6706 6705 6704 6703 6702 6701 6700 6699 6698 6697 6696 6695 6694 6693 6692 6691 6690 6689 6688 6687 6686 6685 6684 6683 6682 6681 6680 6679 66786677 6676 6675 6674 6673 667266716670 6669 6668 6667 6666 6665 6664 66636662 6661 6660 6659 6657 66566655 66546653 66526651 665066496648664766466645 6644664366426641 6640 663966386637663666356634 TREEDISPOSITIONNOTE: TREE PROTECTION FOR ANY PRESERVED OR RELOCATED TREES MUST BE PROVIDED PER DETAILS AND SPECIFICATIONS ON SHEET TD-3. THESE MUST BE UP PRIOR TO THE COMMENCEMENT OF ANY WORK AND MAINTAINED THROUGHOUT CONSTRUCTION. NOTE: ALL TREE TRIMMING MUST BE APPROVED BY THE OWNER AND LOCAL JURISDICTION PRIOR TO COMMENCEMENT OF WORK. ALL TREE TRIMMING MUST BE DONE BY AN ISA CERTIFIED ARBORIST IN ACCORDANCE WITH LOCAL TREE PRESERVATION ORDINANCE. TREE PROTECTION FENCE EXISTING TREE TO REMAIN, TYP. TREE PROTECTION FENCE NOTE: APPROVAL FROM THE CHIEF ARBORIST IS REQUIRED BEFORE ANY TREES MAY BE REMOVED DURING DEMOLITION OR CONSTRUCTION. TREE CALCULATIONS REQUIRED REPLACEMENT RATIOS: PROTECTED TREES 1:1 # OF PROTECTED TREES 6 = 51" MITIGATION FOR 51" OF PROTECTED TREES REMOVED IS BY: PAYMENT OF ($5,900) WILL BE MADE TO THE CITY REFORESTATION AND NATURAL AREA FUND. TD-1 EXISTING TREE TO BE REMOVED, TYP. EX. TREE TO REMAIN 117 EX. TREE TO BE REMOVED 6 MISSING TREE TO BE REPLACED 6 DATENo.REVISIONBYDATE: SHEET File No. 2022-194 06-07-2023 CHECKED:EMS/RM DRAWN:EMS DESIGN:EMSKROGER 448950 E. SANDY LAKERD.COPPELL, TXTEXAS REGISTRATION #14199 1903 CENTRAL DR. SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COM.HI H IC S STERC CTTESAEETST AIREG 73 O F 5 3 ET XE R LDRE CAANDS M EP A P LEY(800) 680-6630 15455 Dallas Pkwy., Ste 600 Addison, TX 75001 www.EvergreenDesignGroup.com EVERGREEN D E S I G N G R O U P 07-17-2023 Scale 1" = 30' 15'60'30'0' TREE PROTECTION FENCE EXISTING TREE LEGEND TREE INVENTORY EXISTING TREE TO REMAIN, TYP. MISSING TREE TO BE REPLACED, TYP. TREE PROTECTION FENCE 25" @ $100 = $2,500 26"-9" = 17" @ $200 = $3,400 TOTAL = $5,900 271 272 KROGER #448950 E. SANDY LAKECOPPELL, TX983237720.07 07.18.2023FRESH FOR EVERYONETM273 CUSTOMER APPROVAL:DATE:Rev. #1Rev. #2Rev. #3DATEBYRev. #4Rev. #5Rev. #6DATEBYDRAWING NO:DATE:THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED FOR YOUR PERSONAL USE IN CONNECTION WITH A PROJECT PLANNED FOR YOU BY CUMMINGS. IT IS NOT TO BE SHOWN OUTSIDE YOUR ORGANIZATION NOR USED, REPRODUCED, COPIED, OR EXHIBITED IN ANY FASHION UNLESS AUTHORIZED IN WRITING BY AN OFFICER OF CUMMINGS SIGNS.Customer creation through brand innovation.THIS DESIGN REMAINS OUR EXCLUSIVE PROPERTY ANDCANNOT BE DUPLICATED WITHOUT WRITTEN CONSENTQTY. DESCRIPTION SQ. FT.1 DOUBLE FACE MONUMENT SIGN 38.6S. HAWKE07.18.2023983237720.07KROGER #448950 E. SANDY LAKECOPPELL, TXPVANZONING:RESIDENTIALR136.8'EX, SIDEWALKEX, SIDEWALKTRANSFORMERAIR/WATER STATIONUNDERGROUND TANKSADA PARKINGPROP. KIOSK(179 SF.)HEIGHT: 11'PROP.LANDSCAPEISLANDEX. ADA PKNG.EX. ADAPKNG.EX. ADAPKNG.ZONING:RESIDENTIALZONING:RESIDENTIALZONING:RESIDENTIALZONING:RESIDENTIALZONING:RESIDENTIALZONING:RESIDENTIALZONING:RESIDENTIALZONING:RESIDENTIAL5'R 7 9 . 5 2 ' ± R3 0 . 7 2 'R27.62'5 DOUBLESIDEDPUMPSR7.72'±AERAGNIDAOL EX, SIDEWALKEX, SIDEWALKEX, FH.EX, FH.EX, FH.R8 . 1 2 ' ± DDD15' PUBLIC ALLEYPER VOLUME92228, PAGE 3876M.R.D.C.T.WATERS EDGEPHASE ONEVOLUME 92228,PAGE 3876M.R.D.C.T.LOT 11, BLOCK DWATERS EDGE, PHASE TWOVOLUME 94144, PAGE 02344M.R.D.C.T.LOT 8, BLOCK DWATERS EDGE, PHASE TWOVOLUME 94144, PAGE 02344M.R.D.C.T.LOT 10, BLOCK DWATERS EDGE, PHASE TWOVOLUME 94144, PAGE 02344M.R.D.C.T.LOT 14, BLOCK DWATERS EDGE, PHASE TWOVOLUME 94144, PAGE 02344M.R.D.C.T.LOT 12, BLOCK DWATERS EDGE, PHASE TWOVOLUME 94144, PAGE 02344M.R.D.C.T.LOT 7, BLOCK DWATERS EDGE, PHASE TWOVOLUME 94144, PAGE 02344M.R.D.C.T.LOT 9, BLOCK DWATERS EDGE, PHASE TWOVOLUME 94144, PAGE 02344M.R.D.C.T.LOT 13, BLOCK DWATERS EDGE, PHASE TWOVOLUME 94144, PAGE 02344M.R.D.C.T.15' UTILITY, LANDSCAPE & SIDEWALK EASEMENT PER VOLUME 94144, PAGE 2344M.R.D.C.T.MAC ARTHUR BOULEVARDVARIABLE WIDTH RIGHT-OF-WAY30' FIRELANE EASMENTPER VOLUME 96147, PAGE 0011M.R.D.C.T.TNEMSAEENALERIF'52 1100EGAP,74169EMULOVREP .T.C.D.R.M TNEMSAEEGANIARD'02 1100EGAP,74169EMULOVREP .T.C.D.R.M M.R.D.C.T. PER VOLUME 96147, PAGE 0011 30' BUILDING LINE VISIBILITYTRIANGLEPER VOLUME96147, PAGE 0011M.R.D.C.T.15' UTILITY, LANDSCAPE &SIDEWALK EASEMENTVOLUME 85095, PAGE 2840 &VOLUME 85186, PAGE 1670M.R.D.C.T.M.R.D.C.T.PER VOLUME 85186, PAGE 167030' BUILDING LINEVISIBILITY TRAINGLEPER VOLUME 96147, PAGE 0011M.R.D.C.T.VISIBILITY TRAINGLEPER VOLUME 96147, PAGE 0011M.R.D.C.T.WALL MAINTENANCE EASEMENTVOLUME 85186, PAGE 1670M.R.D.C.T.30' FIRELANEEASMENTPER VOLUME96147, PAGE 0011M.R.D.C.T.25' FIRELANE EASMENTPER VOLUME 96147, PAGE 0011M.R.D.C.T.SANDY LAKE ROAD VARIABLE WIDTH RIGHT-OF-WAY RIGHT TURN EASMENTPER VOLUME 96147, PAGE 0011M.R.D.C.T.5' LONE STAR GAS EASMENTVOLUME 96147, PAGE 0011M.R.D.C.T.VISIBILITY TRAINGLEVOLUME 96147, PAGE 0011M.R.D.C.T.5' RIGHT-OF-WAYDEDICATIONVOLUME 96147, PAGE0011M.R.D.C.T.15' UTILITY, LANDSCAPE &SIDEWALK EASEMENTVOLUME 96147, PAGE 0011M.R.D.C.T.E"14'11°68N'00.584N39°21'58"E82.25'N2°35'17"W 27.00'N20°48'15"W217.85'N0°26'51"W310.63'S89°33'09"W455.85'S43°28'56"W27.75'S2°35'17"E 75.00'∆∆S2°35'17"E 341.00'S3°50'34"E97.61'EX. TRANSFORMER EX. DUMPSTERW/MASONRY WALL PROPCANOPY2,880 SF.19'-2" HT.EX, FH.EX, FH.EX. MONUMENT SIGNPREVIOUSLY APPROVEDAT 7'6"X9'2"EX. LIGHT POLEEX. LIGHT POLEEX.LIGHTPOLEEX. LIGHT POLEEX. LIGHT POLEEX. LIGHT POLEEX. LIGHT POLEEX. LIGHT POLEEX. LIGHT POLEEX. LIGHT POLEEX. LIGHT POLEEX. LIGHT POLEEX. LIGHT POLEEX. TRANSFORMEREX, SIDEWALKEX, SIDEWALKEX, SIDEWALKEX. MASONRY WALLW / SIGNEX. LIGHT POLEEX. LIGHT POLEEX. MONUMENT SIGNPROP. 4’ x10’MONUMENT SIGNR 3 0 'R30'R30 ' R20 ' R30' R10' R30'R10'PROP. PROPANETANKS STORAGE±'2.81 17.9'±±'81 ±'6.32 ±'8.71 18.1'±±'1.32 17.7'±17.5'±±'2.32 17.8'±18.4'±±'6.82 17.9'±18.3'± ±'6.71 18'± 20.6'±9.8'±9.4'±±'4.71 29'±'6.71 35.47'±232.32'40.91'37''58.591'80.82'76.31236.46'IPWEIVNIATNUOFOT±'91.764 68.65'60.61'83.3'345.4'± TO MEDIAN9.4'±10'±10'±9.5'±9'±9.5'±9.9'±9.7'± 9.9'± 9.8'± 19.74' '1.32 18.1''6.71 23.3''5.719.34'±9.41'±24'66.14'82.04' 86.06'417.58'43.33'38.66'113.97'17.84'±10.06'±9.36'±5'9.36'±'65.71 17.8' ±'43.32 ±'18.71VICINITY MAPN.T.S.0GRAPHIC SCALE4040804020SITEP17.285’ from R.O.W.EXISTING MONUMENT SIGN 274 950 E. SANDY LAKE ROADPCUSTOMER APPROVAL:DATE:Rev. #1Rev. #2Rev. #3DATEBYRev. #4Rev. #5Rev. #6DATEBYDRAWING NO:DATE:THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED FOR YOUR PERSONAL USE IN CONNECTION WITH A PROJECT PLANNED FOR YOU BY CUMMINGS. IT IS NOT TO BE SHOWN OUTSIDE YOUR ORGANIZATION NOR USED, REPRODUCED, COPIED, OR EXHIBITED IN ANY FASHION UNLESS AUTHORIZED IN WRITING BY AN OFFICER OF CUMMINGS SIGNS.Customer creation through brand innovation.THIS DESIGN REMAINS OUR EXCLUSIVE PROPERTY ANDCANNOT BE DUPLICATED WITHOUT WRITTEN CONSENTS. HAWKE07.18.2023983237720.07KROGER #448950 E. SANDY LAKECOPPELL, TX7’-2”2’-6”10’-0”4’-0”2’-6”ALUMINUM CABINETS & RETAINERSPAINTED BLACK.FLAT POLYCARBONATE FACES DECORATEDWITH FLAT, 1ST SURFACE VINYL GRAPHICS.3730-8537 KROGER BLUE38.6 SQ. FT.SCALE: 1” = 1’-0”STANDARD 2’-6” X 7’-2”SKYLINE SCROLLING PRICE SIGN.14” DIGIT.BRICK MOUNMENT SURROUNDTO MATCH LIKE-TYPE SIGNSCURRENTLY ON PROPERTY.GARNET RED BICK VENEER AND MOTARTO MATCH BUILDING. SIGN IS EXTERNALLY ILLUMINATED -UPLIGHTING - SPEC. T.B.D.SOUTH ELEVATIONSTREET SIDENORTH ELEVATION950 E. SANDY LAKE ROAD6” FLAT CUT OUTLETTERS - BLACK275 Section 1 - Vertical ReadingsSection 2 - Vertical ReadingsSection 3 - Vertical Readings0 50 100 150 200 250 300 350 400 450 500 550 600 650 700 750 800 850Project No:Project No:fax no: 770-486-4599e-mail:mkt-lightingapplications@tel no: 770-486-45xxApplications Engineering1121 Highway 74 SouthPeachtree City, GA 30269We make no representation as to its completeness, currency or accuracy because of reasons inherent to CAD and the additional digital data used to produce a lighting application.All digital CAD data appear to be extremely accurate, however, this apparent accuracy is an artifact of the techniques used to generate it, and is in no way intended to implyactual accuracy. The user of this data takes full responsibilityfor the accuracy and correctness of all measurements, area, inventories or other data extracted from this, eithermanually or with the use of a computer. This light level analysis is an estimate only, and is based on estimated reflectance values for interior applications or estimated polelocations based on specified light levels for exterior applications. Any variance from reflectance values, obstructions,light loss factors or dimensional data will affect theactual light levels obtained. This analysis is a mathematical model and can be only as accurate as is permitted by the third party software and the IES standards used. In additioncalculated values may vary from actual measurements in certain situations due to variances, such as but not limited to, lamp output, input voltage ballast variances,manufacturingtolerances and application variances. The presence of objects will decrease light levels and may cause some shadowing.Lighting application drawings are being provided to the recipient of this disclaimer.Drawn By:Date:6/23/2023Project Name:Client:Scale:cooperlighting.comKROGER SW 448 - COPPELL, TXSCALE: 1" = 50'The Kroger CompanyDavid SergeantWendy Norman, LC123456789ZZYY2101139B Fuel Center 6-23-23.AGI15W1W2W31314Section 1Section 2Section 3Lighting for the fuel center will be off 12:00AM - 6:00AM,except for minimum lighting required per city standardsWP1211Objects included in CalculationsReflectances of Objects below:Ground = 50%Building = 50%Fence = 50%Fuel Center Canopy = 90%M.R.D.C.T.VOLUME 96147, PAGE 0011LAKESIDE VILLAGE PHASE IILOT 2R305,300 SQ. FT.7.01 ACRESVARIABLE WIDTH RIGHT-OF-WAYMAC ARTHUR BOULEVARDVARIABLE WIDTH RIGHT-OF-WAYSANDY LAKE ROADMH: 15FC1-BFC1-BMH: 15MH: 15FC1-BFC1-BMH: 15FC1-BMH: 15FC1-BMH: 15FC1-BMH: 15FC1-BMH: 15MH: 15FC1-BFC1-BMH: 15FC1-BMH: 15MH: 15FC1-BFC1-BMH: 15MH: 15FC1-BFC1-BMH: 15FC1-BMH: 15MH: 15FC1-BFC1-BMH: 15MH: 15FC1-BFC1-BMH: 15MH: 15FC1-BMH: 30LDC41LDC41aMH: 26.5LDC41aMH: 26.5MH: 26.5LDC41aMH: 30LDC41dMH: 26.5LDE41HSSLDH61MH: 30MH: 30LDH61aLDH61bMH: 30LDH62MH: 30MH: 30LDH62a_1MH: 30LDH62a_1MH: 30LDH71LDH71aMH: 30LDH71aMH: 30MH: 30LDH81aMH: 30LDH81cLWY1aMH: 15LWY1aMH: 15LWY1aMH: 15NFLDMH: 29NFLDaMH: 29MH: 9NN14MH: 10RLDMH: 10RLDMH: 12RLDMH: 12RLDMH: 12RLDMH: 12RLDMH: 12RLDMH: 12RLDLDH81bMH: 30MH: 29NFLDb0.060.090.100.100.090.080.070.060.060.090.110.100.090.080.080.090.100.100.100.110.120.130.140.140.140.150.150.170.150.140.120.100.080.070.060.050.050.050.050.050.060.160.130.060.080.090.100.100.110.120.120.120.120.130.130.130.130.140.140.150.150.160.180.170.180.180.190.190.200.190.200.200.19 0.200.200.210.210.220.230.230.230.240.230.220.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.01 0.01 0.01 0.01 0.01 0.02 0.02 0.03 0.03 0.04 0.06 0.07 0.09 0.11 0.12 0.12 0.13 0.13 0.14 0.15 0.16 0.18 0.21 0.25 0.29 0.33 0.350.35 0.35 0.35 0.35 0.350.350.340.330.320.300.260.210.160.110.070.050.030.020.010.010.010.010.010.010.01 0.01 0.01 0.02 0.02 0.02 0.03 0.04 0.05 0.06 0.08 0.11 0.15 0.19 0.21 0.23 0.23 0.24 0.25 0.26 0.27 0.30 0.34 0.40 0.47 0.53 0.580.60 0.60 0.61 0.62 0.610.480.600.580.560.510.420.320.230.150.090.060.040.030.020.010.010.010.010.010.01 0.01 0.01 0.02 0.03 0.04 0.05 0.08 0.09 0.10 0.11 0.16 0.22 0.29 0.34 0.36 0.38 0.40 0.40 0.41 0.43 0.45 0.49 0.57 0.66 0.77 0.850.89 0.91 0.94 0.75 0.950.740.930.890.850.760.600.440.290.190.120.070.040.030.020.020.010.010.010.010.01 0.02 0.03 0.06 0.11 0.18 0.25 0.34 0.35 0.26 0.19 0.21 0.29 0.38 0.46 0.50 0.54 0.57 0.58 0.59 0.60 0.61 0.65 0.73 0.83 0.96 1.081.15 1.22 1.28 1.02 1.321.021.291.221.141.010.800.570.390.240.150.090.050.030.020.020.020.010.010.010.02 0.03 0.08 0.23 0.44 0.61 0.41 0.89 0.91 0.73 0.48 0.32 0.35 0.45 0.55 0.63 0.70 0.75 0.77 0.78 0.78 0.77 0.78 0.84 0.93 1.07 1.231.37 1.51 1.65 1.33 1.731.741.691.561.451.271.040.770.540.350.210.120.070.050.030.020.020.020.010.010.02 0.04 0.13 0.31 0.07 0.09 0.14 0.43 0.42 0.33 0.61 0.43 0.39 0.50 0.62 0.74 0.85 0.96 1.00 0.99 0.98 0.93 0.90 0.92 1.00 1.15 1.341.55 1.76 1.99 2.14 2.172.192.101.981.911.831.621.290.920.590.340.180.100.060.040.030.020.020.010.010.02 0.06 0.22 0.36 0.45 0.57 1.30 1.32 1.25 1.05 1.17 0.84 0.55 0.56 0.69 0.84 0.99 1.14 1.20 1.19 1.15 1.07 1.01 1.00 1.07 1.23 1.451.71 2.01 2.31 2.57 2.632.652.552.592.863.373.522.941.891.090.580.290.160.090.050.040.030.020.020.010.03 0.09 0.28 0.80 0.55 0.98 1.71 1.41 2.06 1.78 1.37 1.00 0.66 0.60 0.74 0.93 1.12 1.32 1.46 1.46 1.33 1.19 1.09 1.05 1.12 1.26 1.511.81 2.19 2.58 3.11 3.383.213.053.495.047.739.797.944.712.130.990.440.220.110.070.040.040.030.020.010.03 0.11 0.32 0.84 0.63 0.98 2.00 2.28 1.91 1.88 1.51 1.06 0.71 0.62 0.75 0.95 1.17 1.43 1.82 1.81 1.44 1.23 1.13 1.09 1.15 1.31 1.561.85 2.25 2.67 3.42 4.06 3.59 3.51 4.75 8.94 10.45 3.91 1.50 0.610.28 0.14 0.08 0.05 0.04 0.03 0.02 0.020.03 0.12 0.32 0.84 0.63 0.95 1.99 2.37 1.88 1.86 1.51 0.89 0.67 0.60 0.74 0.95 1.17 1.42 1.76 1.76 1.44 1.27 1.15 1.12 1.18 1.34 1.60 1.90 2.27 2.67 3.20 3.41 3.54 3.80 5.83 12.95 16.24 5.52 2.05 0.810.36 0.17 0.09 0.05 0.04 0.03 0.02 0.020.03 0.10 0.29 0.81 0.59 0.96 1.71 2.13 2.05 1.84 1.40 1.01 0.67 0.60 0.73 0.91 1.10 1.27 1.38 1.39 1.31 1.21 1.13 1.13 1.20 1.38 1.63 1.90 2.20 2.51 2.82 2.77 3.25 3.91 6.43 14.89 18.47 6.50 2.44 1.000.45 0.20 0.10 0.06 0.05 0.03 0.03 0.020.03 0.07 0.24 0.38 0.02 0.03 0.04 0.71 0.73 0.62 1.20 0.88 0.57 0.56 0.68 0.83 0.96 1.10 1.16 1.17 1.14 1.07 1.05 1.09 1.20 1.40 1.64 1.88 2.11 2.37 2.59 2.36 3.05 3.84 6.51 15.32 19.73 6.89 2.68 1.150.53 0.22 0.11 0.07 0.05 0.04 0.03 0.020.02 0.05 0.15 0.34 0.09 0.12 0.18 0.41 0.44 0.36 0.66 0.47 0.41 0.51 0.62 0.73 0.86 0.95 1.01 1.01 1.00 0.98 0.97 1.04 1.20 1.43 1.67 1.86 2.03 2.23 2.00 1.97 2.86 3.70 6.41 14.65 17.87 6.26 2.54 1.260.58 0.23 0.11 0.08 0.06 0.04 0.03 0.020.03 0.04 0.12 0.38 0.75 1.021.20 1.371.321.09 0.71 0.42 0.37 0.46 0.58 0.70 0.90 1.07 1.16 1.18 1.12 1.03 0.96 1.01 1.15 1.40 1.63 1.80 1.92 2.08 1.92 1.59 2.39 3.55 6.15 13.6112.62 4.55 2.33 1.490.64 0.22 0.12 0.08 0.06 0.04 0.03 0.020.02 0.04 0.12 0.40 0.83 1.10 1.26 1.36 1.32 1.11 0.71 0.41 0.33 0.40 0.56 0.89 1.25 1.43 1.49 1.49 1.47 1.38 1.18 1.01 1.07 1.26 1.49 1.65 1.79 1.96 1.90 1.24 2.36 3.36 5.76 12.871.55 2.50 1.87 0.76 0.23 0.13 0.08 0.06 0.04 0.03 0.030.03 0.07 0.26 0.70 0.99 1.16 1.30 1.38 1.29 1.15 0.97 0.62 0.34 0.35 0.65 1.11 1.35 1.54 1.67 1.68 1.59 1.47 1.38 1.08 0.94 1.09 1.281.47 1.64 1.83 2.00 0.91 2.35 3.27 5.68 12.3612.86 5.33 2.76 2.110.88 0.25 0.14 0.09 0.06 0.05 0.03 0.030.03 0.10 0.43 0.87 1.15 1.56 1.70 1.66 1.74 1.40 1.10 0.81 0.40 0.35 0.73 1.14 1.44 1.89 1.89 1.88 1.95 1.59 1.37 1.12 0.86 0.92 1.12 1.32 1.54 1.77 2.00 0.67 2.47 3.23 5.72 13.2919.03 7.26 3.41 2.191.09 0.31 0.16 0.10 0.07 0.05 0.04 0.030.03 0.15 0.54 0.95 1.40 1.82 1.79 1.76 1.84 1.71 1.25 0.87 0.44 0.34 0.76 1.14 1.62 1.94 1.90 1.89 1.96 1.76 1.36 1.11 0.79 0.78 0.99 1.21 1.47 1.72 2.14 0.52 2.61 3.22 5.82 13.9721.70 8.55 3.97 2.131.32 0.39 0.18 0.11 0.07 0.05 0.04 0.030.04 0.17 0.60 0.98 1.51 1.61 1.90 2.17 1.70 1.63 1.32 0.87 0.46 0.34 0.75 1.13 1.65 1.66 2.06 2.15 1.70 1.73 1.34 1.04 0.74 0.69 0.90 1.12 1.40 1.68 2.16 2.62 2.65 3.21 5.78 14.0623.16 9.09 4.20 2.171.36 0.42 0.19 0.12 0.08 0.06 0.05 0.040.04 0.16 0.58 0.98 1.47 1.71 1.87 1.96 1.78 1.68 1.26 0.85 0.42 0.30 0.72 1.09 1.57 1.76 1.90 1.94 1.81 1.70 1.29 1.00 0.69 0.66 0.86 1.09 1.35 1.61 1.95 2.19 2.44 3.12 5.69 13.7623.51 8.95 4.11 2.421.27 0.39 0.21 0.14 0.11 0.09 0.08 0.070.04 0.13 0.50 0.92 1.28 1.78 1.76 1.67 1.87 1.55 1.13 0.79 0.34 0.24 0.61 1.01 1.35 1.84 1.72 1.71 1.89 1.49 1.18 0.92 0.62 0.65 0.84 1.05 1.26 1.47 1.68 1.83 2.13 2.90 5.52 13.1222.89 8.77 4.00 2.530.96 0.39 0.26 0.20 0.17 0.15 0.12 0.110.03 0.08 0.34 0.81 1.05 1.30 1.50 1.55 1.44 1.18 0.98 0.63 0.23 0.16 0.44 0.88 1.09 1.34 1.50 1.52 1.40 1.19 1.05 0.75 0.55 0.64 0.83 1.01 1.18 1.36 1.51 1.63 1.90 2.61 4.87 12.1621.09 7.90 3.61 2.340.81 0.49 0.38 0.32 0.29 0.25 0.22 0.180.03 0.05 0.17 0.51 0.87 1.01 1.07 1.08 1.06 0.97 0.76 0.37 0.13 0.10 0.24 0.60 0.91 1.03 1.08 1.09 1.08 1.00 0.81 0.53 0.51 0.67 0.86 1.01 1.14 1.26 1.36 1.46 1.68 2.25 4.04 9.6715.90 6.47 3.14 2.020.64 0.68 0.57 0.51 0.48 0.42 0.36 0.270.03 0.04 0.08 0.20 0.41 0.64 0.73 0.81 0.74 0.58 0.35 0.16 0.09 0.09 0.13 0.25 0.45 0.62 0.74 0.76 0.70 0.56 0.43 0.39 0.50 0.70 0.90 1.03 1.12 1.21 1.30 1.381.531.922.975.869.144.342.551.850.510.950.840.770.710.640.510.370.04 0.04 0.06 0.12 0.23 0.37 0.33 0.47 0.44 0.36 0.27 0.16 0.11 0.09 0.12 0.18 0.33 0.50 0.62 0.66 0.41 0.48 0.40 0.37 0.50 0.70 0.891.03 1.14 1.26 1.35 1.411.511.712.173.224.806.275.914.293.022.271.841.481.241.141.050.960.840.660.450.04 0.05 0.070.130.20 0.09 0.10 0.11 0.11 0.10 0.10 0.10 0.13 0.12 0.19 0.45 0.78 0.98 1.03 1.06 0.60 0.98 0.51 0.45 0.50 0.66 0.851.04 1.22 1.39 1.48 1.511.581.651.812.092.492.842.852.632.362.151.941.731.571.451.311.160.980.750.500.05 0.06 0.14 0.29 0.40 0.30 0.59 0.62 0.37 0.34 0.13 0.13 0.18 0.16 0.26 0.48 0.13 0.14 0.15 0.16 0.17 0.20 0.25 0.34 0.47 0.65 0.810.95 1.08 1.20 1.29 1.681.221.211.241.321.691.801.932.012.092.152.142.021.931.791.571.341.080.800.530.05 0.07 0.19 0.34 0.48 0.39 0.73 0.69 0.48 0.50 0.21 0.32 0.24 0.24 0.60 1.02 0.73 1.72 1.85 1.81 1.88 0.91 0.80 0.41 0.69 0.73 0.951.22 1.16 1.31 0.84 1.440.851.811.171.551.491.511.661.852.052.222.372.342.302.081.791.501.190.870.550.06 0.08 0.22 0.38 0.56 0.45 0.82 0.80 0.78 0.91 0.55 0.56 0.41 0.33 0.76 1.15 0.88 2.02 1.98 1.09 2.09 2.00 1.63 1.52 1.15 0.94 1.081.33 1.27 1.43 1.62 1.732.131.941.201.521.111.201.571.802.082.382.672.862.742.361.991.611.250.900.570.06 0.09 0.25 0.43 0.65 0.64 1.07 1.33 1.24 1.04 0.87 0.65 0.50 0.43 0.89 1.24 1.01 1.85 2.16 2.41 2.25 2.63 2.51 1.88 1.38 1.08 1.201.43 1.71 1.94 2.27 2.732.361.911.721.491.391.361.511.732.052.382.883.573.192.492.041.631.260.910.570.07 0.10 0.26 0.49 0.75 0.79 1.24 1.33 1.35 1.22 0.95 0.75 0.60 0.54 1.00 1.36 1.10 2.04 2.26 2.64 3.10 3.67 2.82 2.09 1.52 1.22 1.341.59 1.90 2.21 2.61 2.792.401.971.711.471.361.331.471.692.002.332.793.223.042.452.041.631.260.900.580.06 0.10 0.21 0.42 0.68 0.74 0.89 0.95 0.90 0.78 0.87 0.80 0.72 0.72 1.14 1.54 1.22 2.33 2.37 2.96 4.20 3.63 2.91 2.31 1.75 1.49 1.571.75 1.92 2.15 2.40 2.412.312.051.671.441.311.291.431.631.892.152.402.492.462.221.911.561.220.880.570.05 0.08 0.19 0.52 0.96 1.32 1.53 1.60 1.45 1.38 1.38 1.30 1.19 1.19 1.31 1.50 1.06 1.01 1.13 1.64 2.12 2.84 2.66 2.43 2.14 2.03 1.961.90 1.74 1.67 1.69 2.091.991.781.551.361.221.221.351.511.691.882.062.102.071.931.681.421.140.840.540.03 0.04 0.09 0.25 0.92 1.42 1.31 1.61 1.36 1.85 2.45 2.59 2.09 2.78 2.76 2.69 3.33 3.26 2.23 2.27 3.54 4.32 4.38 4.02 3.69 3.55 3.383.02 2.30 2.01 1.89 1.821.821.581.351.221.141.181.291.401.511.651.741.751.741.661.471.281.040.780.510.03 0.05 0.117.182.27 2.86 1.89 2.30 2.07 1.20 1.08 1.07 1.08 1.15 1.23 1.30 1.34 1.40 1.43 1.43 1.41 1.35 1.24 1.10 0.94 0.72 0.480.03 0.05 0.110.81 0.95 0.95 1.00 1.09 1.15 1.17 1.16 1.18 1.18 1.17 1.14 1.09 0.99 0.89 0.76 0.61 0.410.03 0.04 0.05 0.060.31 0.77 0.82 0.86 0.94 1.01 1.01 1.00 0.98 0.96 0.92 0.88 0.82 0.73 0.64 0.55 0.44 0.310.05 0.07 0.11 0.180.32 0.59 0.67 0.74 0.82 0.88 0.87 0.85 0.83 0.79 0.73 0.67 0.60 0.51 0.42 0.35 0.29 0.220.09 0.13 0.27 0.770.32 0.50 0.58 0.67 0.74 0.80 0.81 0.80 0.76 0.69 0.61 0.53 0.45 0.36 0.28 0.21 0.17 0.130.09 0.16 0.21 0.49 2.530.33 0.39 0.54 0.64 0.73 0.79 0.82 0.82 0.76 0.67 0.56 0.46 0.37 0.27 0.19 0.13 0.10 0.080.18 0.25 0.27 0.51 1.700.32 0.39 0.51 0.63 0.74 0.86 0.97 0.94 0.80 0.67 0.55 0.43 0.33 0.23 0.15 0.09 0.07 0.050.33 0.35 0.31 0.60 1.170.20 0.23 0.29 0.34 0.39 0.48 0.59 0.56 0.43 0.36 0.30 0.24 0.18 0.13 0.09 0.05 0.05 0.030.27 0.52 0.44 0.37 1.08 2.670.31 0.38 0.47 0.59 0.69 0.82 0.92 0.91 0.77 0.65 0.54 0.42 0.32 0.22 0.13 0.07 0.04 0.020.58 0.77 0.57 0.43 1.75 7.960.31 0.37 0.450.560.64 0.72 0.74 0.74 0.69 0.60 0.51 0.41 0.32 0.22 0.14 0.08 0.04 0.020.14 0.98 1.00 0.67 0.44 1.71 7.220.31 0.37 0.44 0.52 0.57 0.63 0.65 0.65 0.62 0.55 0.48 0.40 0.32 0.22 0.14 0.08 0.04 0.020.43 1.36 1.25 0.74 0.43 1.13 2.400.32 0.38 0.43 0.48 0.53 0.57 0.57 0.57 0.55 0.51 0.46 0.40 0.32 0.23 0.14 0.08 0.04 0.020.65 1.37 1.43 0.76 0.39 0.81 1.340.33 0.39 0.44 0.47 0.51 0.53 0.53 0.53 0.52 0.49 0.45 0.40 0.33 0.24 0.15 0.09 0.04 0.020.12 1.20 1.51 1.27 0.67 0.36 0.90 1.700.33 0.40 0.44 0.47 0.50 0.52 0.52 0.52 0.51 0.48 0.44 0.40 0.33 0.24 0.15 0.09 0.04 0.020.28 1.16 1.30 0.96 0.56 0.37 1.09 1.860.33 0.39 0.44 0.48 0.52 0.53 0.54 0.54 0.52 0.48 0.45 0.39 0.32 0.23 0.14 0.08 0.04 0.020.51 1.07 1.07 0.78 0.51 0.37 1.09 1.790.31 0.38 0.44 0.50 0.55 0.58 0.59 0.58 0.56 0.50 0.45 0.38 0.30 0.21 0.13 0.07 0.04 0.020.27 0.67 0.99 0.92 0.70 0.50 0.39 0.96 1.490.30 0.38 0.46 0.53 0.61 0.67 0.67 0.67 0.61 0.54 0.46 0.38 0.29 0.20 0.12 0.07 0.04 0.020.42 0.85 1.04 0.92 0.72 0.52 0.42 0.98 1.430.29 0.38 0.48 0.58 0.67 0.75 0.78 0.76 0.68 0.59 0.49 0.38 0.28 0.19 0.11 0.05 0.03 0.020.51 1.14 1.27 1.06 0.80 0.57 0.46 1.23 1.870.23 0.30 0.38 0.61 0.71 0.87 0.98 0.89 0.74 0.62 0.39 0.30 0.22 0.18 0.11 0.06 0.03 0.010.03 0.38 1.42 1.45 1.21 0.87 0.62 0.49 1.39 1.980.28 0.37 0.48 0.60 0.72 0.91 1.11 0.73 0.74 0.61 0.49 0.38 0.27 0.18 0.10 0.05 0.03 0.010.06 0.16 1.33 1.61 1.42 0.99 0.70 0.52 1.26 1.820.22 0.28 0.47 0.59 0.70 0.83 0.90 0.86 0.73 0.61 0.49 0.29 0.21 0.14 0.10 0.05 0.02 0.010.07 0.18 1.30 1.88 1.60 1.12 0.75 0.54 0.89 1.030.26 0.35 0.45 0.54 0.62 0.70 0.71 0.70 0.64 0.56 0.46 0.36 0.26 0.17 0.10 0.05 0.02 0.010.07 0.02 0.52 1.81 1.59 1.17 0.80 0.58 0.58 0.52 0.21 0.15 0.10 0.06 0.04 0.03 0.03 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.020.00 0.00 0.00 0.01 0.01 0.09 0.160.250.330.410.480.540.590.600.600.550.480.420.330.250.160.100.050.020.010.10 0.18 1.25 1.38 1.13 0.83 0.60 0.48 0.37 0.22 0.16 0.11 0.08 0.07 0.06 0.05 0.05 0.06 0.06 0.06 0.05 0.04 0.04 0.030.00 0.00 0.020.03 0.06 0.10 0.17 0.250.320.380.430.480.500.500.490.460.420.360.310.240.160.090.050.020.010.07 0.74 1.26 1.01 0.73 0.53 0.41 0.31 0.22 0.16 0.13 0.11 0.11 0.11 0.12 0.14 0.17 0.19 0.19 0.18 0.15 0.12 0.090.01 0.01 0.02 0.040.07 0.12 0.19 0.27 0.340.390.440.490.510.500.480.440.380.340.290.230.160.100.050.030.010.03 0.30 0.74 0.71 0.56 0.42 0.33 0.25 0.19 0.15 0.14 0.15 0.17 0.21 0.26 0.33 0.42 0.50 0.55 0.51 0.41 0.31 0.22 0.16 0.12 0.080.010.01 0.01 0.02 0.05 0.090.150.230.310.400.490.580.670.720.690.610.510.420.350.290.220.160.100.060.030.010.10 0.37 0.43 0.39 0.31 0.24 0.18 0.14 0.12 0.13 0.17 0.23 0.31 0.42 0.59 0.79 1.02 1.24 1.16 0.87 0.63 0.44 0.30 0.21 0.15 0.09 0.050.03 0.01 0.01 0.01 0.010.020.050.090.170.270.370.500.670.871.081.291.220.960.740.550.410.320.240.160.100.060.030.020.15 0.22 0.22 0.19 0.15 0.11 0.09 0.08 0.09 0.13 0.21 0.33 0.48 0.73 0.99 1.31 1.39 1.42 1.22 0.89 0.61 0.41 0.29 0.19 0.11 0.06 0.030.01 0.01 0.01 0.01 0.020.040.070.140.250.380.540.791.061.361.511.511.270.960.680.480.350.250.160.090.050.030.010.100.10 0.090.080.06 0.05 0.04 0.04 0.05 0.08 0.14 0.21 0.36 0.55 0.83 0.87 1.05 0.96 0.72 0.51 0.34 0.23 0.14 0.08 0.04 0.02 0.010.00 0.00 0.01 0.01 0.020.030.060.110.190.290.470.701.021.111.231.080.810.600.400.280.180.110.070.040.020.010.06 0.04 0.03 0.01 0.01 0.00 0.00 0.00 0.00 0.01 0.01 0.01 0.02 0.03 0.03 0.03 0.03 0.05 0.08 0.12 0.11 0.09 0.10 0.12 0.12 0.09 0.070.04 0.03 0.02 0.01 0.010.01 0.01 0.01 0.01 0.01 0.01 0.000.040.030.020.020.020.020.030.040.040.030.030.030.030.040.050.060.080.090.110.110.110.100.090.070.070.070.060.040.020.010.010.000.000.000.000.000.000.000.000.000.000.000.000.010.010.010.020.020.020.030.030.040.050.050.060.060.060.060.050.050.040.040.040.040.0315.8 20.6 24.2 24.4 21.9 18.021.0 28.0 30.2 30.1 29.2 24.525.4 32.2 33.7 24.1 34.2 30.127.8 35.8 39.8 33.7 37.8 32.728.9 39.2 45.0 45.4 42.1 34.429.9 40.7 47.6 49.7 44.3 35.829.5 40.2 46.2 46.0 43.1 35.529.7 40.5 42.5 35.5 40.8 35.328.7 36.4 38.4 27.4 37.6 33.027.1 36.0 39.1 37.6 35.8 28.926.0 34.1 38.7 36.6 31.3 24.725.3 33.1 36.2 32.4 25.7 16.924.9 33.1 35.2 32.423.5 30.9 33.8 29.823.3 30.6 33.9 33.0 28.4 22.724.4 32.9 36.6 37.4 34.1 28.626.2 34.4 37.8 29.7 37.4 33.827.2 37.9 40.3 40.0 36.327.4 38.1 45.0 45.3 44.4 37.528.3 39.8 46.4 51.0 46.5 39.528.2 39.8 47.2 50.2 47.3 40.128.5 38.4 45.5 37.8 44.3 38.828.1 39.8 43.8 43.5 40.727.4 38.5 45.2 44.7 45.6 39.527.4 39.3 46.2 51.0 46.3 39.726.6 37.9 45.9 50.2 46.1 38.725.7 36.7 41.4 37.9 41.7 35.523.3 33.7 36.2 35.8 34.319.8 28.1 31.8 30.0 32.0 28.415.9 22.3 25.7 28.1 25.8 22.314.7 17.1 19.0 18.2 15.0Luminaire ScheduleSymbolLuminaire Location SummaryLabelXYZOrientQtyLabelArrangementFC1-B181.017-365.19915179.437DescriptionFC1-B195.016-365.23815179.437FC1-B180.979-379.215179.437Calculation SummaryFC1-B194.978-379.23815179.437FC1-B181.121-390.14515179.437FC1-BLabelCalcTypeUnits195.122-390.18315179.437FC1-B181.083-404.14415179.437FC1-BAvgMaxMinAvg/MinMax/Min2LDH62a_1Back-BackGLEON-SA6C-740-VOLT-5MQ-BZ21FC1-BSingleSCV-LED-10L-SC-501LDC41SingleGLEON-SA4C-740-U-T2-HSS3LDC41aSingleGLEON-SA4C-740-U-T2R-HSS1LDC41dSingleGLEON-SA4C-740-U-T2-HS-GRSWH1LDE41HSSSingleGLEON-SA4C-740-U-SL4-HSS1LDH61SINGLEGLEON-SA6C-740-VOLT-5MQ-BZ1LDH61aSingleGLEON-SA6C-740-U-5MQ-HS-GRSBK1LDH61bSINGLEGLEON-SA6C-740-VOLT-5MQ-BZ1LDH62Back-BackGLEON-SA6C-740-VOLT-5MQ-BZ1LDH71SingleGLEON-SA7C-740-U-5MQ2LDH71aSingleGLEON-SA7C-740-U-5MQ-HS-GRSBK1LDH81aSingleGLEON-SA8C-740-U-5MQ-HS-GRSBK1LDH81bSingleGLEON-SA8C-740-U-5MQ-HS-GRSBK1LDH81cGROUPGLEON-SA8C-740-U-5MQ-BZ (2 HS-GRSBK)3LWY1aSingleGLEON-SA1C-740-U-AFL1NFLDSingleNFFLD-C25-D-UNV-661NFLDaSingleNFFLD-C25-D-UNV-661NFLDbSingleNFFLD-C25-D-UNV-661NN14SINGLEAXCS3A8RLDSingle8in Downlight Existing195.084-404.18215179.437FC1-B180.622LDC41a-52.19438.90726.5273.828LDC41a198.07240.14526.5273.523-415.15615179.437FC1-B194.622-415.19515179.437FC1-B180.584-429.15615179.437FC1-B194.584-429.19415179.437FC1-B179.671-446.45115179.437FC1-B180.047-461.19615179.437FC1-B194.046-461.23415179.437FC1-B180.008-475.19615179.437FC1-B194.008-475.23415179.437FC1-B179.841-486.32415179.437FC1-B193.84-486.36215179.437FC1-B179.803-500.32315179.437FC1-B193.802-500.36115179.437LDC41247.129-409.50630180LDC41a-227.209-127.47826.515.313LDC41d-119.355-501.162300LDE41HSS-231.834-29.726.5341.567LDH610.044-503.5033090LDH61a-117.594-500.9933090LDH61b247.483-295.0433090LDH62124.495-505.6553090LDH62a_1208.633-175.549300LDH62a_1205.943-56.746300LDH71125.212-408.4613090LDH71a-116.877-405.2333090LDH71a1.119-405.9513090LDH81a3.157-294.8983090LDH81b-113.509-301.6843090LDH81c126.528-295.515300LWY1a-156.255-103.18115181.757LWY1a-155.008-151.95315181.757LWY1a-157.297-55.78215181.757NFLD4.075-295.1862946.931NFLDa127.43-295.5929103.585NFLDb-112.609-301.6842970.538NN14-155.345-150.8899180RLD-157.864-195.561100RLD-157.864-190.971100RLD-138.914-241.94120RLD-123.49-241.573120RLD-108.68-241.407120RLD101.134-236.168120RLD116.558-235.801120RLD131.368-235.635120FUEL CENTERIlluminanceFc34.0751.014.72.323.47SPILL LIGHT @ GRADE LEVELIlluminanceFc0.000.00.0N.A.N.A.LEVELS ON WALLIlluminanceFc0.090.20.0N.A.N.A.0.04 0.03 0.02 0.02 0.02 0.02 0.03 0.04 0.04 0.03 0.030.03 0.03 0.04 0.05 0.06 0.08 0.09 0.11 0.11 0.11 0.10 0.09 0.07 0.07 0.07 0.06 0.04 0.02 0.01 0.01 0.000.000.000.000.000.000.000.000.000.000.000.000.010.010.010.020.020.020.030.030.040.050.050.060.060.060.060.050.050.040.040.040.04 0.0300.16 0.130.06 0.08 0.09 0.10 0.10 0.11 0.12 0.12 0.12 0.12 0.13 0.13 0.13 0.13 0.14 0.14 0.15 0.15 0.16 0.18 0.17 0.18 0.18 0.19 0.19 0.20 0.19 0.20 0.20 0.19 0.20 0.20 0.21 0.21 0.22 0.23 0.23 0.23 0.24 0.23 0.220.060.090.100.100.090.080.07 0.06 0.060.09 0.11 0.10 0.09 0.08 0.08 0.09 0.10 0.10 0.10 0.11 0.12 0.13 0.14 0.14 0.14 0.15 0.15 0.17 0.15 0.14 0.12 0.10 0.08 0.07 0.06 0.05 0.05 0.05 0.05 0.05 0.060.13276 972.989.3256 ⚫ 6301 Gaston Ave., Suite 1129, Dallas, TX 75214 ⚫ christy@lambetheng.com Parking Observations To: Mr. Clay Cristy, P.E. From: Christy Lambeth, P.E., PTOE, Lambeth Engineering Associates, PLLC, F-19508 Date: 02/24/2023 Re: Parking Observations for Kroger in Coppell, TX Parking Counts The services of Lambeth Engineering Associates, PLLC, (Lambeth Engineering) were retained to conduct parking observations for Kroger in Coppell, Texas. Observations were conducted at the Coppell Kroger located at 950 E. Sandy Lake Road, Coppell, TX 75019. Observations took place on Saturday, February 18, 2023 through Monday, February 20, 2023. The observations were taken in 30-minute increments. Below is a summary of the data findings from each day and the total of the three days. Detailed observation data is provided in the Appendix. The peak parking demand observed was 127 spaces. It is important to note this was a typical weekend, not during a holiday or special event. End February 28, 2023 Dates Times Observed Peak Time Peak # of Vehicles Saturday, Feb. 18, 2023 2:00 PM - 6:00 PM 2:30 PM 123 Sunday, Feb. 19, 2023 2:00 PM - 6:00 PM 3:30 PM 127 Monday, Feb. 20, 2023 4:00 PM - 7:00 PM 4:00 PM 125 Coppell Kroger Peak Parking 277 Appendix 278 Rows Supply 2:00 PM 2:30 PM 3:00 PM 3:30 PM 4:00 PM 4:30 PM 5:00 PM 5:30 PM 6:00 PM Section A Row 1 7 0 0 0 0 0 1 0 0 0 Section B Row 1 12 0 1 1 0 0 0 0 0 0 Row 2 4 0 0 0 0 0 0 0 0 0 Section C Row 1 17 4 5 5 7 8 8 7 3 4 Row 2 15 8 10 8 6 6 5 7 4 6 Row 3 15 2 5 4 5 2 3 4 1 1 Row 4 16 3 5 7 6 4 6 5 7 4 Row 5 13 5 5 5 4 4 6 5 4 2 Row 6 16 9 9 8 9 8 9 6 7 5 Row 7 13 4 8 7 5 4 9 4 7 4 Section D Row 1 25 3 4 4 5 3 3 4 4 3 Section E Row 1 15 4 13 10 4 8 11 7 9 6 Row 2 13 7 10 11 6 7 8 10 10 9 Row 3 15 10 10 11 9 12 12 11 11 13 Row 4 16 7 7 7 7 5 9 10 9 7 Row 5 17 5 4 7 4 3 5 7 8 7 Row 6 16 2 2 2 4 4 4 4 3 3 Row 7 18 4 4 4 4 3 2 3 3 5 Section F Row 1 17 8 4 6 8 6 6 5 7 5 Row 2 17 7 6 5 5 3 3 6 6 5 Row 3 17 5 4 4 6 4 5 3 3 3 Row 4 17 7 7 6 5 5 5 4 3 3 Totals:331 104 123 122 109 99 120 112 109 95 Notes: · Peak parking demand of 123 vehicles occured at 2:30 PM Times:2 - 6 PM Observed by:BT Weather:cloudy 50 degrees Coppell Kroger Location:950 E Sandy Lake Rd. Coppell,TX 75019 Day, Date:Saturday, February 18, 2023 279 Rows Supply 2:00 PM 2:30 PM 3:00 PM 3:30 PM 4:00 PM 4:30 PM 5:00 PM 5:30 PM 6:00 PM Section A Row 1 7 0 0 0 0 0 0 0 1 1 Section B Row 1 12 0 0 0 0 0 0 0 0 0 Row 2 4 0 0 0 0 0 0 0 0 0 Section C Row 1 17 2 3 7 6 6 5 3 5 4 Row 2 15 5 5 8 9 6 6 8 5 6 Row 3 15 4 3 5 7 5 5 4 6 6 Row 4 16 4 6 6 6 5 5 6 6 7 Row 5 13 8 3 4 6 4 5 5 6 5 Row 6 16 2 6 6 7 8 6 5 11 7 Row 7 13 6 6 8 9 7 9 7 9 10 Section D Row 1 25 4 5 5 5 4 3 4 4 4 Section E Row 1 15 11 11 10 10 10 9 9 8 8 Row 2 13 8 6 9 8 8 8 9 10 9 Row 3 15 11 10 10 10 10 11 8 11 10 Row 4 16 8 6 8 9 10 7 7 6 6 Row 5 17 6 9 7 8 8 8 7 8 7 Row 6 16 2 3 7 3 4 3 4 5 5 Row 7 18 3 3 2 2 3 4 3 1 2 Section F Row 1 17 10 9 7 6 10 6 9 4 3 Row 2 17 7 3 5 6 6 6 8 5 6 Row 3 17 6 5 6 7 5 7 7 2 4 Row 4 17 2 4 3 3 4 6 1 3 2 Totals:331 109 106 123 127 123 119 114 116 112 Notes: · Peak parking demand of 127 vehicles occured at 3:30 PM · 1 vehicle parked in section A at 5:30pm · No vehicles parked in Section B. · Kroger parking lot is stand-alone. No other store. · Section D is most likely employees. Times:2 - 6pm Observed by:LB Weather:Overcast 65 degrees Coppell Kroger Location:950 E Sandy Lake Rd. Coppell,TX 75019 Day, Date:Sunday, February 19, 2023 280 Rows Supply 4:00 PM 4:30 PM 5:00 PM 5:30 PM 6:00 PM 6:30 PM 7:00 PM Section A Row 1 7 0 0 0 0 0 0 0 Section B Row 1 12 0 0 0 0 0 0 0 Row 2 4 0 0 0 0 0 0 0 Section C Row 1 17 9 4 5 4 4 7 5 Row 2 15 6 8 6 5 6 7 8 Row 3 15 9 6 6 4 4 7 5 Row 4 16 3 3 5 4 8 10 11 Row 5 13 10 5 3 3 7 8 8 Row 6 16 8 8 7 5 8 7 8 Row 7 13 5 6 5 7 8 4 5 Section D Row 1 25 3 2 2 2 1 1 1 Section E Row 1 15 10 8 10 11 9 6 8 Row 2 13 10 7 10 13 7 7 8 Row 3 15 11 10 11 10 13 9 6 Row 4 16 8 7 7 8 9 7 7 Row 5 17 3 7 5 5 5 5 7 Row 6 16 4 2 2 2 4 3 2 Row 7 18 3 3 5 4 4 4 5 Section F Row 1 17 7 7 8 9 8 7 8 Row 2 17 9 10 6 4 4 5 5 Row 3 17 3 1 2 2 3 2 2 Row 4 17 4 2 3 4 4 3 4 Totals:331 125 106 108 106 116 109 113 Notes: · Peak parking demand of 125 vehicles occured at 4:00 PM Times:4 - 7 PM Observed by:LB Weather:overcast 78 degrees Coppell Kroger Location:950 E Sandy Lake Rd. Coppell,TX 75019 Day, Date:Monday, February 20, 2023 281 282 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7041 File ID: Type: Status: 2023-7041 Agenda Item Public Hearing 2Version: Reference: In Control: City Council 08/11/2023File Created: Final Action: PD-210R2-SF-9, 416 Kaye StreetFile Name: Title: PUBLIC HEARING: Consider approval of PD-210R2-SF-9, 416 Kaye Street (STR), a zoning change request from PD-210-SF-9 (Planned Development-210 - Single-Family-9) to PD-210R2-HC (Planned Development-210 Revision 2- Single-Family 9) to approve a Short-Term Rental (STR) on 0.22 acres of property located at 416 Kaye Street, at the request of Lorna Bell, the property owner. Notes: Sponsors: Enactment Date: Memo.pdf, Staff Report.pdf, Site Plan.pdf, Parking Plan.pdf, Room for Rent sketch.pdf, Pamphlet.pdf, Photos.pdf, Airbnb Listing.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7041 Title PUBLIC HEARING: Consider approval of PD-210R2-SF-9, 416 Kaye Street (STR), a zoning change request from PD-210-SF-9 (Planned Development-210 - Single-Family-9) to PD-210R2-HC (Planned Development-210 Revision 2- Single-Family 9) to approve a Short-Term Rental (STR) on 0.22 acres of property located at 416 Kaye Street, at the request of Lorna Bell, the property owner. Summary Fiscal Impact: This will generate HOT tax revenue. Page 1City of Coppell, Texas Printed on 9/8/2023 283 Master Continued (2023-7041) Staff Recommendation: The Community Development department is recommending approval of this request. Strategic Pillar Icon: Future Oriented Approach to Residential Development Page 2City of Coppell, Texas Printed on 9/8/2023 284 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: September 12, 2023 Reference: PUBLIC HEARING: Consider approval of a zoning change request from PD-210-SF- 9 (Planned Development 210 – Single-Family 9) to PD-210R2-SF-9 (Planned Development 210 Revision 2 – Single-Family 9) to approve a short-term rental on 0.22 acres of property located at 416 Kaye Street. 2040: Future Oriented Approach to Residential Development Introduction: On May 30, 2023, the Coppell City Council approved an ordinance amending the Code of Ordinances, Chapter 12, Article 30 (S or SUP, Special Use Permits) defining and establishing Special Use Permit requirements for lodging houses (short-term rental,(STRs), bed and breakfasts, boarding homes, hostels, vacation homes, and corporate housing) within SF-7, SF-9, SF-12, SF-18, SF-ED and H Districts. All existing and future short-term rentals will be required to have a Special Use Permit (SUP) in addition to registering with the city, in order to legally operate in the City of Coppell. Background: The applicant has owned the home since 2006 and has a homestead exemption. The home has been used for short-term rentals since the end of 2018 and has held a permit to operate the short-term rental since the requirement for a permit was enacted. This home has one bedroom for rent with a maximum of two (2) guests and is proposing to continue with this same setup, with the owner of the property residing here as well. Typically, a Special Use Permit (SUP) is required for a short-term rental (STR). Because this lot is currently part of an existing Planned Development (PD) District, an amendment to the PD is more appropriate and accomplishes the same result as an SUP. The site is listed on the Airbnb website and the applicant is listed as a “Superhost” (4.98/5). In checking with the city Code Compliance, Police and Finance departments, there have been no complaints and HOT taxes are up to date. The applicant is asking for the SUP Application fees ($525) to be waived, which will be part of City Council’s purview. Benefit to the Community: This will add another short-term accommodation option for visitors to Coppell. 285 2 Legal Review: N/A Fiscal Impact: This will generate HOT tax revenue. Recommendation: On August 12, 2023, The Planning and Zoning Commission recommended unanimous approval (6- 0) subject to the following conditions: a. To obtain a STR permit prior to their current one expiring. b. Notify staff of any change of property ownership. Attachments: 1. Staff Report 2. Site Plan 3. Parking Plan 4. Room for Rent Sketch 5. Pamphlet 6. Photos 7. Airbnb Listing 286 ITEM # 7 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE No.: PD-210R2-SF-9 – 416 Kaye Street (STR) P&Z HEARING DATE: August 17, 2023 C.C. HEARING DATE: September 12, 2023 STAFF REP.: Mary Paron-Boswell, AICP Senior Planner LOCATION: 416 Kaye St. SIZE OF AREA: 0.22 acres CURRENT ZONING: PD-210-SF-9 (Planned Development 210 – Single-Family 9) REQUEST: PD-210-SF-9 (Planned Development 210 – Single-Family 9) to PD-210R2-SF-9 (Planned Development 210 Revision 2 – Single-Family 9) to approve a short-term rental on 0.22 acres of property located at 416 Kaye Street, at the request of Lorna Bell, the property owner. APPLICANT: Owner: Lorna Bell 416 Kaye St. Coppell, TX 75019 972-489-2734 loronbell@aol.com HISTORY: On May 30, 2023, the Coppell City Council approved an ordinance amending the Code of Ordinances, Chapter 12, Article 30 (S or SUP, Special Use Permits) defining and establishing Special Use Permit requirements for lodging houses (short-term rental,(STRs), bed and breakfasts, boarding homes, hostels, vacation homes, and corporate housing) within SF-7, SF-9, SF-12, SF-18, SF-ED and H Districts. All existing and future short-term rentals will be required to have a Special Use Permit (SUP) in addition to registering with the city, in order to legally operate in the City of Coppell. HISTORIC COMMENT: This property has no noted historical significance. TRANSPORTATION: Kaye Street is a local street. 287 ITEM # 7 Page 2 of 3 SURROUNDING LAND USE & ZONING: North: Residential (SF-12 & PD-95-SF-9) South: Residential (PD-210R-SF-9) East: Residential (PD-210-SF-9) West: Residential (PD-210-SF-9) COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, shows this property as appropriate for Residential Neighborhood. DISCUSSION: The applicant has owned the home since 2006 and has a homestead exemption. The home has been used for short-term rentals since the end of 2018. This home has one bedroom for rent with a maximum of two (2) guests and is proposing to continue with this same setup, with the owner of the property residing here as well. Typically, a Special Use Permit (SUP) is required for a short -term rental (STR). Because this lot is currently part of an existing Planned Development (PD) District, an amendment to the PD is more appropriate and accomplishes the same result as an SUP. Site Plan The residence is located on a cul-de-sac street. The single-family home has a two- car garage and additional 2 spaces on the circle driveway for guest vehicles to park. Guests have access to the guest bedroom, a private bathroom adjacent to the bedroom and the patio and garden outside which offers various seating options. There are no signs on the buildings indicating that it is a STR. The site is listed on the Airbnb website and the applicant is listed as a “Superhost” (4.98/5). Superhosts are hosts that go above and beyond in their hosting duties, are top-rated, experienced at making their guests welcome, provide outstanding hospitality, and are considered reliable and responsive. Staff has communicated with Code Enforcement and the Police Department and there have been no complaints for this address related to the STR. Staff has confirmed with the Finance Department that the applicant is up to date on paying their quarterly HOT taxes and submitting them to the city. Part of the current process for having a STR is registering with the city, which will still be required should this case be approved. The applicant is asking for the fees to be waived, which will be part of City Council’s purview and not something that P&Z will have to vote on. Staff is in support of the proposal and recommends approval. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the request subject to the following conditions: 1. PD Conditions: a. To obtain a STR permit prior to their current one expiring. b. Notify staff of any change of property ownership. ALTERNATIVES: 288 ITEM # 7 Page 3 of 3 1. Approval of the request 2. Denial of the request 3. Modification of the request 4. Take the case under advisement to a future date ATTACHMENTS: 1. Site Plan 2. Parking Plan 3. Room for Rent Sketch 4. Pamphlet 5. Photos 6. Airbnb Listing 289 290 291 292 293 294 416 Kaye Street – STR Application 295 Bathroom & Guest Bedroom 296 Yard 297 298 299 300 301 302 304 305 306 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7091 File ID: Type: Status: 2023-7091 Agenda Item Public Hearing 1Version: Reference: In Control: Community Development 09/01/2023File Created: Final Action: PH - Astrazeneca Tank Farm and Building Expansion File Name: Title: PUBLIC HEARING: Consider approval of PD-311-LI, AstraZeneca Tank Farm, being a portion of Lot 3R1, Block 8, Parkwest Commerce Center, a zoning change request from LI to PD-311-LI (Planned Development-311-Light Industrial) to allow the construction of a 19,893 square foot accessory tank farm structure and approximate 3,000 square foot building addition to the existing office/warehouse building on approximately 8 acres, being a portion of Lot 3R1, Block 8 located at 508 Wrangler Drive, at the request of ML Realty on behalf of AstraZeneca, being represented by Allen Hager, DPR Construction. Notes: Sponsors: Enactment Date: Memo.pdf, Staff Report.pdf, Detail Site Plan.pdf, Elevation Renderings.pdf, Floor Plan.pdf, Landscape Plan.pdf, Narrative.pdf, Parking Memo.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7091 Title PUBLIC HEARING: Consider approval of PD-311-LI, AstraZeneca Tank Farm, being a portion of Lot 3R1, Block 8, Parkwest Commerce Center, a zoning change request from LI to PD-311-LI (Planned Development-311-Light Industrial) to allow the construction of a 19,893 square foot accessory tank farm structure and approximate 3,000 square foot building addition to the existing office/warehouse building on approximately 8 acres, being a portion of Lot 3R1, Page 1City of Coppell, Texas Printed on 9/8/2023 307 Master Continued (2023-7091) Block 8 located at 508 Wrangler Drive, at the request of ML Realty on behalf of AstraZeneca, being represented by Allen Hager, DPR Construction. Summary Fiscal Impact: This will generate additional tax revenue. Staff Recommendation: The Community Development department is recommending approval of this request. Strategic Pillar Icon: Create Business and Innovation Nodes Page 2City of Coppell, Texas Printed on 9/8/2023 308 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: September 12, 2023 Reference: PUBLIC HEARING: Consider approval of a zoning change request from LI (Light Industrial) to PD-311-LI (Planned Development- 311- Light Industrial) to allow the construction of a 19,893 square foot accessory tank farm structure and approximate 3,000 square foot building addition to the existing office/warehouse building on approximately 8 acres, being a portion of Lot 3R1, Block 8 located at 508 Wrangler Drive. 2040: Create Business and Innovation Nodes Introduction: AstraZeneca is a pharmaceutical company and produces one product at this location - Lokelma, a prescription medicine that is used to treat adults with Hyperkalemia. They are the only company in the world who produces it, and it is shipped worldwide. Currently they have six (6) manufacturing lines and are proposing to expand it to eight (8). This new building addition requires a PD since they are asking for a parking variance. Background: AstraZeneca has forecasted that the demand for the drug they produce here will more than double in the next three years. To meet this demand, they are seeking to expand the manufacturing capacity at this site, which requires the construction of a building that will hold the chemicals required to make the Lokelma medicine. This site plan shows two phases. The first is the construction of a new building for the proposed tank farm, and the second phase is a smaller 3,000-sf expansion at the rear of the existing building. This second phase will only happen if they need it but was included because it would take out eight (8) additional parking spaces. A PD condition is being requested for parking. There are 237 parking spaces currently, which is above what is required. With the new construction, some adjustments will be made that will require 45 existing parking spaces to be removed, and they will be adding back 16 spaces, leaving them with 208 spaces. As mentioned earlier, if phase 2 is constructed, eight additional spaces would be removed, leaving 200 spaces in total. We asked the AstraZeneca representatives about their operational needs and as mentioned in their letter, this is a 24-hour-a-day operation, and their current 309 2 average maximum occupancy is 140 employees per day. They have indicated that the 200 spaces will meet their current and future business needs based on their operating staffing plan. Staff is in support of the requested parking variance. Benefit to the Community: This will add to the tax base and provide medicine worldwide. Legal Review: N/A Fiscal Impact: This will generate additional tax revenue. Recommendation: On August 17, 2023, The Planning and Zoning Commission recommended unanimous approval (5- 0) subject to the following conditions: 1. There may be additional comments during detailed engineering plan review. 2. PD Conditions: a. To allow for a parking variance and allow 200 parking spaces as shown on the Site Plan. Attachments: 1. Staff Report 2. Detail Site Plan 3. Elevation Renderings 4. Floor Plan 5. Landscape Plan 6. Narrative 7. Parking Memo 310 ITEM #9 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE No.: PD-311-LI – AstraZeneca Tank Farm P&Z HEARING DATE: August 17, 2023 C.C. HEARING DATE: September 12, 2023 STAFF REP.: Mary Paron-Boswell, AICP Senior Planner LOCATION: 508 Wrangler Dr SIZE OF AREA: 8.015 acres CURRENT ZONING: LI (Light Industrial) REQUEST: LI (Light Industrial) to PD-311-LI (Planned Development- 311- Light Industrial) to allow the construction of a 19,893 square foot accessory tank farm structure and approximate 3,000 square foot building addition to the existing office/warehouse building on approximately 8 acres, being a portion of Lot 3R1, Block 8 located at 508 Wrangler Drive, at the request of ML Realty on behalf of AstraZeneca, being represented by Allen Hager, DPR Construction. APPLICANT: Owner: Developer: ML Realty Partners DPR Construction 5950 Berkshire Lane 310 Comal St. Suite 900 Suite 300 Dallas, TX 75225 Austin, TX 78702 972-265-0138 617-386-6911 rrainwater@holtlunsford.com allenh@dpr.com Applicant: Engineering: AstraZeneca DPS 508 Wrangler Dr. 959 Concord St. #100 Coppell, TX 75019 Framingham, MA 01701 508-532-6760 Aidan.Coleman@dpsgropglobal.com HISTORY: AstraZeneca is a pharmaceutical company located on Wrangler Drive. This particular location produces one product – Lokelma, which is a prescription medicine that is used to treat adults with Hyperkalemia. Hyperkalemia is a condition where the potassium levels in a person’s blood are too high and can lead to potentially life-threatening health issues, especially for those with chronic kidney disease (CKD). CKD affects approximately 200 million people worldwide. It is the 311 ITEM #9 Page 2 of 4 only place where this drug is produced worldwide. Currently they have six (6) manufacturing lines and are proposing to expand it to eight (8). Staff has previously approved administratively a parking expansion, minor building expansion and utility yard. This new building addition requires a PD since they are asking for a parking variance. HISTORIC COMMENT: This property has no noted historical significance. TRANSPORTATION: Wrangler is a four-lane undivided street. SURROUNDING LAND USE & ZONING: North: Office Warehouse - Light Industrial (LI) South: Office Warehouse (LI) & Coppell 9th Grade Center (PD-289R-C) East: Light Industrial (LI) West: Vacant - Light Industrial (LI) -9) COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, shows this property as appropriate for Industrial Special District. DISCUSSION: AstraZeneca has forecasted that the demand for the drug they produce here will more than double in the next three years. To meet this demand, they are seeking to expand the manufacturing capacity at this site. This expansion includes the construction of a building that will hold the chemicals required to make the Lokelma medicine. This facility operates 24 hours a day/everyday. Site Plan This site plan shows two phases, the first is the construction of a new building for the proposed tank farm and the second is the proposed small 3,000-sf expansion at the rear of the existing building. This second phase will happen if they need it and was included because it would take out eight (8) additional parking spaces. Some additional equipment will be added to the utility yard already existing on the eastern portion of the site. The Site Plan shows the tank farm proposed on the rear western side of the site. This portion of the site has been used up until now as a laydown yard for other work that has happened on-site. This will now be converted to the building for the tanks, referred to as the tank farm. Trucks will enter the site from Wrangler Drive and drive down the eastern side of the building to the rear of the site and then make their way to the tank farm building on the western portion of the site. The building will have two bays to receive the trucks. The applicant has provided a turning template that shows the trucks ability to move into and out of the truck docks. The building itself will have a subterranean level or pit, and then two levels above that which will contain the chemical tanks, offices, pump room, break room and waste room. The new building will have a backup generator on the east side which will be screened. Nothing at the front half portion of the site will be changing other than 312 ITEM #9 Page 3 of 4 the existing building will have a backup generator on the east side which will also be screened. A PD condition is being requested for parking. There are 237 parking spaces currently which is above what is required. With the new construction , some adjustments will be made that will require 45 existing parking spaces to be removed, and they will be adding back 16 spaces, leaving them with 208 spaces. As mentioned earlier, if phase 2 is constructed, eight additional spaces would be removed, leaving 200 spaces in total. We asked the Astrazeneca representatives about their operational needs and as mentioned in their letter, this is a 24 hour a day operation and their current average maximum occupancy is 140 employees per day. They have indicated that the 200 spaces will meet their current and future business needs based on their operating staffing plan. Staff is in support of the requested parking variance. Elevations The new tank farm building will be made of pre-cast concrete panels to match the existing building façade both in pattern, paint colors and texture. They will be using a combination of Sherwin Williams Balanced Beige and Tavern Taupe. Renderings of the building have been provided as well as photographs of the existing building. The western length of the interior wall of the tank farm building will be 4 -hour rated, so as not to interfere with future possible construction on the adjacent lot. Landscaping As mentioned earlier, the front half of the site will not be impacted with the new construction. They will be removing some trees from the site to make way for the new building and parking spaces, and saving those that they can. In addition, they will be planting 32 new trees on site in the parking area, around the new building and along the western perimeter. They will be required to pay approximately $32,500 in tree mitigation fees. They have provided a landscape plan for the limit of work area and will be providing a revised plan for the entire limits of their site. Staff is in support of the request and recommends approval. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the request subject to the following conditions: 1. There may be additional comments during detailed engineering plan review. 2. Revise the Landscape Plan prior to City Council 3. PD Conditions: a. To allow for a parking variance and allow 200 parking spaces as shown on the Site Plan. ALTERNATIVES: 1. Approval of the request 2. Denial of the request 3. Modification of the request 4. Take the case under advisement to a future date 313 ITEM #9 Page 4 of 4 ATTACHMENTS: 1. Detail Site Plan 2. Elevation Renderings 3. Floor Plan 4. Landscape Plan 5. Narrative 6. Parking Memo 314 NOT FOR CONSTRUCTIONVICINITY MAPCOUNTYMAPSCOPROJECT LOCATIONREVDATEDESCRIPTIONDESRCHKDAPPRREVDRAWING NO.PROJECT NO.SCALETITLESTATUSPROJECTNORTHSTAMPTHIS DRAWING IS THE PROPERTY OF DPS AND SHALL BE USED ONLY FOR THE PURPOSE FOR WHICH IT WAS ISSUED.IT SHALL NOT BE COPIED, REPRODUCED OR OTHERWISE USED, NOR SHALL SUCH INFORMATION BE FURNISHED INWHOLE OR IN PART TO OTHERS EXCEPT IN ACCORDANCE WITH THE TERMS OF ANY AGREEMENT UNDER WHICH THISDRAWING WAS ISSUED, OR WITH PRIOR WRITTEN CONSENT OF DPS, AND SHALL BE RETURNED UPON REQUEST.CLIENTCLIENT NO.PROJECTKEY PLANNOT FOR CONSTRUCTIONN:\0043217.00\07 CAD\DWG\Site Design C3D\Master Site Plan\0043217_OverallSP.dwg8/7/2023 1:21:42 PMISSUED FOR BODTG 6101319 - COPP TANK FARM EXPANSIOND22BP111AA04AUG23ISSUED FOR BODWJH(SUBJECT TO REVISION PRIOR TO CONSTRUCTION)ISSUED FOR PRELIMINARY PRICING PURPOSES ONLY1.18.1CCAAABCAF11015NN:\0043217.00\07 CAD\DWG\Site Design C3D\Master Site Plan\0043217_OverallSP.dwg8/7/2023 1:21:42 PMSITE PLAN - TANK FARM ADDITION1"=40'ZSPTX-C-0004A508 WRANGLER DR, COPPELL, TX 75019 & BEING APORTION OF LOT 3R-1, BLK 8 PARK WEST COMM CTRDATE: JULY 19, 2023·315 SCALE: NTSTANK FARM -EXTERIOR FACADE AXON VIEWSTG 6101319 -COPP TANK FARM EXPANSION 508 WRANGLER DRIVE COPPELL, TX 75019 DATE: 08/02/23 EXISTING BUILDING PHOTOS PRE-CAST CONCRETE PANELS TO MATCH EXISTING BUILDING FAÇADE LOOK REGARDING THE PATTERN, PAINT, COLORS AND TEXTURE. WEST VIEW NORTH VIEW EAST VIEW SOUTH VIEW 316 SCALE: NTSTANK FARM -SOUTHEAST AXONTG 6101319 -COPP TANK FARM EXPANSION 508 WRANGLER DRIVE COPPELL, TX 75019 DATE: 08/02/23 317 SCALE: NTSTANK FARM -SOUTHWEST AXONTG 6101319 -COPP TANK FARM EXPANSION 508 WRANGLER DRIVE COPPELL, TX 75019 DATE: 08/02/23 318 SCALE: NTSTANK FARM -NORTHEAST AXONTG 6101319 -COPP TANK FARM EXPANSION 508 WRANGLER DRIVE COPPELL, TX 75019 DATE: 08/02/23 319 SCALE: NTSTANK FARM -NORTHWEST AXONTG 6101319 -COPP TANK FARM EXPANSION 508 WRANGLER DRIVE COPPELL, TX 75019 DATE: 08/02/23 320 ZSPTX-AE-02012 1 ZSPTX-AE-0301 1.1 2.1 3.1 4.1 5.1 6.1 7.1 8.1 AA BB CC 1639 SF HIGH PH CONTAINMENT PIT 1488 SF LOW PH CONTAINMENT PIT 2 ZSPTX-AE-0301 2 ZSPTX-AE-0301 1 AE-105 LS LS 292 SF CRAWL SPACE 2 -9' - 8" -9' - 8"7'-0"CONSTRUCTION LEGEND EXISTING CONSTRUCTION NEW CONSTRUCTION EXISTING DOOR TO REMAIN CATWALK NEW DOOR. ALL DOORS 6" FROM NEAREST ADJACENT WALL FROM HINGE SIDE U.O.N MATCH/SECTOR LINE 1 HOUR FIRE BARRIER 2 HOUR FIRE BARRIER CR CARD READER STAINLESS STEEL FIRE EXTINGUISHER CABINET, FULLY RECESSED FE-1 FIRE EXTINGUISHER, WALL HOOK FE-2 EE ES/EW OA AUTO OPERATOR LOW WALL AIR RETURN EMERGENCY EXIT DOOR FE-3 FIRE RATED FIRE EXTINGUISHER CABINET, FULLY RECESSED BOLLARD FLOOR TRENCH. SEE PLUMBING & FIRE PROTECTION DRAWINGS FREE STANDING EMERGENCY SAFETY SHOWER/EYEWASH STATION FLOOR DRAIN. SEE PLUMBING & FIRE PROTECTION DRAWINGS GENERAL NOTES 1. REFER TO SHEET ZSPTX-G-0002 FOR GENERAL NOTES, SYMBOLS, AND ABBREVIATIONS. 2. VERIFY IN FIELD ALL COLUMNS DIMENSIONS. COLUMN ENCLOSURES TO BE HELD TIGHT AGAINST FIRE- PROOFED COLUMNS. 3. ALL EXPOSED/VISIBLE EXISTING CABLE RELATED TO ANY AND ALL SERVICES NOT LIMITED TO MECHANICAL, ELECTRICAL, DATA, SECURITY, FIRE ALARM, PLUMBING TO BE NEATLY ORGANIZED BY CONTRACTOR. 4. CONTRACTOR REQUIRES ARCHITECTS APPROVAL AND SIGN OFF ON MOCK UP AT ANY AN ALL AREAS WHERE THIS CONDITION EXISTS. 5. CONTRACTOR IS RESPONSIBLE FOR REPAIRING ANY DAMAGE TO RATED PARTITIONS AS A RESULT OF THIS WORK. THE INTEGRITY OF ALL RATED PARTITIONS IS TO BE MAINTAINED DURING CONSTRUCTION. 6. ALL DOORS TO BE OFFSET 6" FROM ADJACENT PARTITION. 7. LOW WALL AIR RETURNS SIZES AND LOCATIONS TO BE COORDINATED WITH MECHANICAL DRAWINGS. 8. PROVIDE EQUIPMENT PAD IN UTILITY ROOMS. 9. COORDINATE PAD SIZES AND LOCATIONS WITH ELECTRICAL AND PLUMBING MECHANICAL AND PROCESS DRAWINGS FOR REQUIRED EQUIPMENT. PAD SIZES AND LOCATIONS TO BE DEPENDENT ON FINAL SELECTION OF EQUIPMENT. REVDRAWING NO. PROJECT NO.SCALE TITLE STATUS PROJECT NORTH STAMP THIS DRAWING IS THE PROPERTY OF DPS AND SHALL BE USED ONLY FOR THE PURPOSE FOR WHICH IT WAS ISSUED. IT SHALL NOT BE COPIED, REPRODUCED OR OTHERWISE USED, NOR SHALL SUCH INFORMATION BE FURNISHED IN WHOLE OR IN PART TO OTHERS EXCEPT IN ACCORDANCE WITH THE TERMS OF ANY AGREEMENT UNDER WHICH THIS DRAWING WAS ISSUED, OR WITH PRIOR WRITTEN CONSENT OF DPS, AND SHALL BE RETURNED UPON REQUEST. N NOT FOR CONSTRUCTION PROGRESS PRINT DATE:PLOT BY: PERCENT COMPLETE: REVIEWED BY: DATE: DATE: CHECKED WITH COMMENTS: CHECKED WITH NO COMMENTS: MAY BE INCOMPLETE CLIENT CLIENT NO. PROJECT KEY PLAN CONFIDENTIAL F A 1 10 15 1/8" = 1'-0" C 7/14/2023 1:40:19 PMAutodesk Docs://D22BP111-AstraZeneca Tank Farm & E-Gen/D22BP111-DPS-ZZ-ZZ-M3-A-0001.rvt ISSUED FOR BOD ZSPTX-AE-0101 D22BP111 80 CONTAINMENT PIT CONSTRUCTION FLOOR PLAN ASTRAZENECA - TANK FARM SCALE: 1/8" = 1'-0" CONTAINMENT PIT3 UP REV DATE DESCRIPTION DESR CHKD APPR A 24MAR23 ISSUED FOR CONCEPT DESIGN AMT MVZ PJM B 14APR23 RE-ISSUED FOR CONCEPT DESIGN CD MVZ PJM C 04AUG23 ISSUED FOR BOD PJM 321 ZSPTX-AE-02012ZSPTX-AE-02011 ZSPTX-AE-02014 1 ZSPTX-AE-0301 1 ZSPTX-AE-0301 1.1 2.1 3.1 4.1 5.1 6.1 7.1 8.1 AA BB CC 2 ZSPTX-AE-0301 2 ZSPTX-AE-0301 1 AE-105 1300 SF GL-LOW PH TANK FARM 8" HEIGHT CONTAINMENT CURB TRUCK BAY 1 TRUCK BAY 2 DRYER EH 1000 AIR COMP IRN100-OF DRY 660 GAL AIR RECEIVER TANK WET 660 GAL AIR RECEIVER TANK 947 SF TANKER BAY 2 947 SF TANKER BAY 1 732 SF UTILITY EMERGENCY SWITCH COMPRESSED AIR CONNECT EMERGENCY SWITCH COMPRESSED AIR CONNECT 53'-0" 20'-4 1/2"20'-4 1/2"28'-9"31'-8 1/2"29'-6 1/2"32'-4"29'-2" LIQUID RECEIVING 181 SF WASTE RM 353 SF CORRIDOR 213 SF BREAK ROOM SAFETY INTERLOCK BOLLARD FOR PLATFORM ACCESS TYP. 156 SF STAIR TOWER 1 5'-6 1/2"21'-10 1/4"PIPE/HOSE STORAGE (H-4) 4 HOUR RATED WALL ALONG PROPERTY WALL PIPE/HOSE STORAGE 156 SF PUMPS ROOM HMI PANEL OPEN TO ABOVE 82 SF VESTIBULE 54 SF TOILET ROOM 210 SF FIRE RM WATER HEATER 30"X27" WATER HEATER 30"X27" PPE EQUIPMENT FLOOR SCALE G1.6.G11HR83 SF STAIR TOWER #2 2471 3047 523080 3068 3065 3005 30293002 2456 3009 30533020 717 3056 1659 SF GL-HIGH PH TANK FARM24532489 4 13122486 3017 ES/EWTABLE TABLE KITCHENCABINET KITCHENCABINETKITCHENSINK CABINET CABINET CABINET WASTE ES/EW G1.6.G11HRG1.6.G1 1HR G1.6.G1 1HR G1.6.G1 1HR G1.3.G1 G1.3.G1G1.6.G1 G1.6.G1 1HR CABINETG1.6.G1 1HR G1.6.G1G1.6.G1 1HR METRORACK G1.3.X G1.3.X G1.6.G1 1HR G1.3.XG1.3.X G1.3.X G1.6.G1G1.6.G11HRG1.3.X ES/EW G1.3.XG1.3.X G1.3.XG1.3.X METRORACKSINK G1.3.X G1.3.X G1.3.X G2.6.G2 2HR G1.6.G1G1.6.G1 G1.6.G1 G1.6.G1 1HR G1.6.G1 1HR G1.3.X G1.3.XG1.6.G1 1HR G1.6.G1CL1'-3 1/4" 7'-0" CABINET G1.6.G1G1.3.X G1.3.X G1.3.XG1.3.XMETRO RACK CABINET REMOVE MAN DOORS AND MAKE OH DOOR WIDER CAN WE ADD A CURTAIN? CONSTRUCTION LEGEND EXISTING CONSTRUCTION NEW CONSTRUCTION EXISTING DOOR TO REMAIN CATWALK NEW DOOR. ALL DOORS 6" FROM NEAREST ADJACENT WALL FROM HINGE SIDE U.O.N MATCH/SECTOR LINE 1 HOUR FIRE BARRIER 2 HOUR FIRE BARRIER CR CARD READER STAINLESS STEEL FIRE EXTINGUISHER CABINET, FULLY RECESSED FE-1 FIRE EXTINGUISHER, WALL HOOK FE-2 EE ES/EW OA AUTO OPERATOR LOW WALL AIR RETURN EMERGENCY EXIT DOOR FE-3 FIRE RATED FIRE EXTINGUISHER CABINET, FULLY RECESSED BOLLARD FLOOR TRENCH. SEE PLUMBING & FIRE PROTECTION DRAWINGS FREE STANDING EMERGENCY SAFETY SHOWER/EYEWASH STATION FLOOR DRAIN. SEE PLUMBING & FIRE PROTECTION DRAWINGS GENERAL NOTES 1. REFER TO SHEET ZSPTX-G-0002 FOR GENERAL NOTES, SYMBOLS, AND ABBREVIATIONS. 2. VERIFY IN FIELD ALL COLUMNS DIMENSIONS. COLUMN ENCLOSURES TO BE HELD TIGHT AGAINST FIRE- PROOFED COLUMNS. 3. ALL EXPOSED/VISIBLE EXISTING CABLE RELATED TO ANY AND ALL SERVICES NOT LIMITED TO MECHANICAL, ELECTRICAL, DATA, SECURITY, FIRE ALARM, PLUMBING TO BE NEATLY ORGANIZED BY CONTRACTOR. 4. CONTRACTOR REQUIRES ARCHITECTS APPROVAL AND SIGN OFF ON MOCK UP AT ANY AN ALL AREAS WHERE THIS CONDITION EXISTS. 5. CONTRACTOR IS RESPONSIBLE FOR REPAIRING ANY DAMAGE TO RATED PARTITIONS AS A RESULT OF THIS WORK. THE INTEGRITY OF ALL RATED PARTITIONS IS TO BE MAINTAINED DURING CONSTRUCTION. 6. ALL DOORS TO BE OFFSET 6" FROM ADJACENT PARTITION. 7. LOW WALL AIR RETURNS SIZES AND LOCATIONS TO BE COORDINATED WITH MECHANICAL DRAWINGS. 8. PROVIDE EQUIPMENT PAD IN UTILITY ROOMS. 9. COORDINATE PAD SIZES AND LOCATIONS WITH ELECTRICAL AND PLUMBING MECHANICAL AND PROCESS DRAWINGS FOR REQUIRED EQUIPMENT. PAD SIZES AND LOCATIONS TO BE DEPENDENT ON FINAL SELECTION OF EQUIPMENT. REVDRAWING NO. PROJECT NO.SCALE TITLE STATUS STAMP THIS DRAWING IS THE PROPERTY OF DPS AND SHALL BE USED ONLY FOR THE PURPOSE FOR WHICH IT WAS ISSUED. IT SHALL NOT BE COPIED, REPRODUCED OR OTHERWISE USED, NOR SHALL SUCH INFORMATION BE FURNISHED IN WHOLE OR IN PART TO OTHERS EXCEPT IN ACCORDANCE WITH THE TERMS OF ANY AGREEMENT UNDER WHICH THIS DRAWING WAS ISSUED, OR WITH PRIOR WRITTEN CONSENT OF DPS, AND SHALL BE RETURNED UPON REQUEST. NOT FOR CONSTRUCTION CLIENT CLIENT NO. PROJECT KEY PLAN CONFIDENTIAL F A 1 10 15 1/8" = 1'-0" 7/14/2023 1:40:21 PMAutodesk Docs://D22BP111-AstraZeneca Tank Farm & E-Gen/D22BP111-DPS-ZZ-ZZ-M3-A-0001.rvt ZSPTX-AE-0102 D22BP111 LEVEL 01 - CONSTRUCTION FLOOR PLAN ASTRAZENECA - TANK FARM SCALE: 1/8" = 1'-0" LEVEL 01 - CONSTRUCTION FLOOR PLAN1 REV DATE DESCRIPTION DESR CHKD APPR 322 T3 T2 T3 T2 DN ZSPTX-AE-02012ZSPTX-AE-02013 ZSPTX-AE-02011 ZSPTX-AE-02014 453 SF ELECTRICAL ROOM PICK POINT ABOVE EA. HATCH TYP. 715 SF OFFICE 1 ZSPTX-AE-0301 1.1 2.1 3.1 4.1 5.1 6.1 7.1 8.1 AA BB CC CLCL23'-5"TRACK MOUNTED LOADING PLATFORM & GANGWAY W/ REMOVABLE RAILINGS SHIP LADDER TO ROOF HATCH ABOVE REMOVABLE PIPE GUARDRAIL FIXED PIPE GUARDRAIL OPEN TO BELOWT.O. GRATING 1299 SF PL - LOW PH TANK FARM 1659 SF PL-HIGH PH TANK FARM 2 ZSPTX-AE-0301 2 ZSPTX-AE-0301 DN ø 11'-0" 274 SF IT ROOM JIB CRANE 327 SF CORRIDOR 1'-6"1'-6"4'-6 1/2"1 AE-105 103 SF TOOLS STORAGE ADJUSTABLE PLATFORM ADJUSTABLE PLATFORM -0' - 1 31/32"CLCTR OF TRK TO FACE OF PLTF8'-8 1/2"4'-11"CLCTR OF TRK TO FACE OF PLTF8'-8 1/2"OPEN TO BELOW OPEN TO BELOW 83 SF STAIR TOWER #2G1.6.G1 1HR G1.6.G11HRG1.6.G1 1HR G1.3.G1G1.3.G1 G1.6.G1 1HR G1.6.G11HRG1.6.G1G1.3.XG1.6.G1 1HR 11 GL1G1.6.G1 1HR 18 G1.6.G1 1HR G2.6.G22HRG1.6.G1 1HR G1.3.XG1.3.X 302323192318323130442320 2450 3071 G1.3.XG1.3.X G1.3.XG1.3.XG1.6.G1G1.3.X G1.3.X G1.3.XG1.3.X G1.3.X G1.3.XG1.3.X3035 G2.6.G2 2HR G1.3.XG1.3.X G1.3.XG1.3.X G1.6.G1 1HR G1.6.G11HRG1.3.X G1.3.XG1.3.X G1.3.X3023156 SF STAIR TOWER 1 979 SF LIQUID RECEIVING 27'-9 1/4" DESK DESK FILECABINET FILECABINET DESK DESK ES/EW 6'-0" RO9'-6" RO 5'-0" RO CLR 6'-0"CLR6'-0"DESK DESK ES/EW OPEN TO BELOW OPEN TO BELOW CONSTRUCTION LEGEND EXISTING CONSTRUCTION NEW CONSTRUCTION EXISTING DOOR TO REMAIN CATWALK NEW DOOR. ALL DOORS 6" FROM NEAREST ADJACENT WALL FROM HINGE SIDE U.O.N MATCH/SECTOR LINE 1 HOUR FIRE BARRIER 2 HOUR FIRE BARRIER CR CARD READER STAINLESS STEEL FIRE EXTINGUISHER CABINET, FULLY RECESSED FE-1 FIRE EXTINGUISHER, WALL HOOK FE-2 EE ES/EW OA AUTO OPERATOR LOW WALL AIR RETURN EMERGENCY EXIT DOOR FE-3 FIRE RATED FIRE EXTINGUISHER CABINET, FULLY RECESSED BOLLARD FLOOR TRENCH. SEE PLUMBING & FIRE PROTECTION DRAWINGS FREE STANDING EMERGENCY SAFETY SHOWER/EYEWASH STATION FLOOR DRAIN. SEE PLUMBING & FIRE PROTECTION DRAWINGS GENERAL NOTES 1. REFER TO SHEET ZSPTX-G-0002 FOR GENERAL NOTES, SYMBOLS, AND ABBREVIATIONS. 2. VERIFY IN FIELD ALL COLUMNS DIMENSIONS. COLUMN ENCLOSURES TO BE HELD TIGHT AGAINST FIRE- PROOFED COLUMNS. 3. ALL EXPOSED/VISIBLE EXISTING CABLE RELATED TO ANY AND ALL SERVICES NOT LIMITED TO MECHANICAL, ELECTRICAL, DATA, SECURITY, FIRE ALARM, PLUMBING TO BE NEATLY ORGANIZED BY CONTRACTOR. 4. CONTRACTOR REQUIRES ARCHITECTS APPROVAL AND SIGN OFF ON MOCK UP AT ANY AN ALL AREAS WHERE THIS CONDITION EXISTS. 5. CONTRACTOR IS RESPONSIBLE FOR REPAIRING ANY DAMAGE TO RATED PARTITIONS AS A RESULT OF THIS WORK. THE INTEGRITY OF ALL RATED PARTITIONS IS TO BE MAINTAINED DURING CONSTRUCTION. 6. ALL DOORS TO BE OFFSET 6" FROM ADJACENT PARTITION. 7. LOW WALL AIR RETURNS SIZES AND LOCATIONS TO BE COORDINATED WITH MECHANICAL DRAWINGS. 8. PROVIDE EQUIPMENT PAD IN UTILITY ROOMS. 9. COORDINATE PAD SIZES AND LOCATIONS WITH ELECTRICAL AND PLUMBING MECHANICAL AND PROCESS DRAWINGS FOR REQUIRED EQUIPMENT. PAD SIZES AND LOCATIONS TO BE DEPENDENT ON FINAL SELECTION OF EQUIPMENT. REVDRAWING NO. PROJECT NO.SCALE TITLE STATUS STAMP THIS DRAWING IS THE PROPERTY OF DPS AND SHALL BE USED ONLY FOR THE PURPOSE FOR WHICH IT WAS ISSUED. IT SHALL NOT BE COPIED, REPRODUCED OR OTHERWISE USED, NOR SHALL SUCH INFORMATION BE FURNISHED IN WHOLE OR IN PART TO OTHERS EXCEPT IN ACCORDANCE WITH THE TERMS OF ANY AGREEMENT UNDER WHICH THIS DRAWING WAS ISSUED, OR WITH PRIOR WRITTEN CONSENT OF DPS, AND SHALL BE RETURNED UPON REQUEST. NOT FOR CONSTRUCTION CLIENT CLIENT NO. PROJECT KEY PLAN CONFIDENTIAL F A 1 10 15 1/8" = 1'-0" 7/14/2023 1:40:23 PMAutodesk Docs://D22BP111-AstraZeneca Tank Farm & E-Gen/D22BP111-DPS-ZZ-ZZ-M3-A-0001.rvt ZSPTX-AE-0103 D22BP111 LEVEL 02 - CONSTRUCTION FLOOR PLAN ASTRAZENECA - TANK FARM SCALE: 1/8" = 1'-0" LEVEL 2 FLOOR PLAN1 REV DATE DESCRIPTION DESR CHKD APPR 323 FINISH GRADE -0' -2" CONTAINMENT PIT -9' -8" LEVEL 2 12' -8" TOP OF PARAPET 31' -4" 715 SF OFFICE SONOTUBE FOOTING, TYP. 1.1 2.1 3.1 4.1 5.1 6.1 7.1 8.1 ROOF LEVEL 27' -6" SLOPE PITCHED FLOOR TO DRAIN RUNING TO CONTAINMENT PIT LEVEL 2 ZSPTX-AE-0301 2 ZSPTX-AE-0301 29'-2"32'-4"29'-6 1/2"31'-8 1/2"28'-9"20'-4 1/2"20'-4 1/2" VAULT LEVEL -5' -0"9'-6"9'-6"LEVEL 1 0' -0" 327 SF CORRIDOR ? ? 1300 SF GL-LOW PH TANK FARM 1299 SF PL - LOW PH TANK FARM 2453 2320 3023 3032 3002 353 SF CORRIDOR ? ? 979 SF LIQUID RECEIVING 979 SF LIQUID RECEIVING ? ? CABINET CABINET CABINET ES/EW 0'-0" -0'-2" 0'-0" -9'6" FINISH GRADE -0' -2" A CONTAINMENT PIT -9' -8" LEVEL 2 12' -8" TOP OF PARAPET 31' -4" 1 ZSPTX-AE-0301 AA BB CC ROOF LEVEL 27' -6" 1639 SF HIGH PH CONTAINMENT PIT 1488 SF LOW PH CONTAINMENT PIT 1659 SF GL-HIGH PH TANK FARM 1300 SF GL-LOW PH TANK FARM 1659 SF PL-HIGH PH TANK FARM 1299 SF PL - LOW PH TANK FARM VAULT LEVEL -5' -0" MECH SPACE MECH SPACE UNDERGROUND PIPE VAULT EXISTING 508 WRANGLER BUILDINGPIPE VAULT ACCESS STAIR 21'-2"21'-2" 1 AE-105 LEVEL 1 0' -0" 2450 2471 8'-0"FINISH GRADE -0' -2" VAULT LEVEL -5' -0" COLLIDAL SILLICA SODIUM HYDROXIDE WASTE COMPRESSED AIR ZIRCONIUM ACETATE HYDROCHLORIC ACID LEVEL 1 0' -0"3'-10"REVDRAWING NO. PROJECT NO.SCALE TITLE STATUS STAMP THIS DRAWING IS THE PROPERTY OF DPS AND SHALL BE USED ONLY FOR THE PURPOSE FOR WHICH IT WAS ISSUED. IT SHALL NOT BE COPIED, REPRODUCED OR OTHERWISE USED, NOR SHALL SUCH INFORMATION BE FURNISHED IN WHOLE OR IN PART TO OTHERS EXCEPT IN ACCORDANCE WITH THE TERMS OF ANY AGREEMENT UNDER WHICH THIS DRAWING WAS ISSUED, OR WITH PRIOR WRITTEN CONSENT OF DPS, AND SHALL BE RETURNED UPON REQUEST. NOT FOR CONSTRUCTION PROGRESS PRINT DATE:PLOT BY: PERCENT COMPLETE: REVIEWED BY: DATE: DATE: CHECKED WITH COMMENTS: CHECKED WITH NO COMMENTS: MAY BE INCOMPLETE CLIENT CLIENT NO. PROJECT CONFIDENTIAL AS INDICATED C 7/14/2023 1:40:49 PMAutodesk Docs://D22BP111-AstraZeneca Tank Farm & E-Gen/D22BP111-DPS-ZZ-ZZ-M3-A-0001.rvt ISSUED FOR BOD ZSPTX-AE-0301 D22BP111 80 BUILDING SECTIONS ASTRAZENECA - TANK FARM SCALE: 1/8" = 1'-0" SECTION - EAST1 SCALE: 1/8" = 1'-0" SITE SECTION - SOUTH2 SCALE: 1/4" = 1'-0" SECTION THRU PIPE VAULT CORRIDOR3 REV DATE DESCRIPTION DESR CHKD APPR A 24MAR23 ISSUED FOR CONCEPT DESIGN AMT MVZ PJM B 14APR23 RE-ISSUED FOR CONCEPT DESIGN CD MVZ PJM C 04AUG23 ISSUED FOR BOD PJM 324 1. ALL PLANTS SHALL BE SET OUT FOR APPROVAL BY THE OWNER'S REPRESENTATIVE PRIOR TO INSTALLATION. 2. FINE GRADING SHALL BE PERFORMED IN ALL AREAS TO BE LANDSCAPED. FINE GRADING SHALL INCLUDE THE REMOVAL OF DEBRIS, ROCKS, ETC. FROM THE SITE AND INSURE POSITIVE DRAINAGE IN ALL AREAS. 3. THE CONTRACTOR SHALL LOCATE ALL UTILITIES AND EASEMENTS IN THE FIELD PRIOR TO COMMENCEMENT OF WORK. CONTRACTOR IS RESPONSIBLE FOR ANY DAMAGE TO UTILITIES DURING THE COURSE OF CONSTRUCTION. 4. WRITTEN DIMENSIONS SHALL GOVERN OVER SCALED DIMENSIONS. 5. THE CONTRACTOR SHALL REFER TO THE SPECIFICATIONS FOR ADDITIONAL INFORMATION AND REQUIREMENTS ASSOCIATED WITH THE LANDSCAPE AND ACCESSORIES. 6. ALL PLANT MATERIALS SHALL MEET ANSI Z60.1 STANDARDS FOR CALIPER, HEIGHT AND ROOT BALL SIZE. ANY MATERIALS THAT DO NOT MEET OR EXCEED SUCH STANDARDS SHALL BE REJECTED AND REPLACED AT THE CONTRACTOR'S EXPENSE. 7. BALLED AND BURLAPPED TREES SHALL HAVE THE TOP HALF OF THE WIRE BASKET REMOVED. THE BURLAP SHALL BE REMOVED TO THE GREATEST EXTENT POSSIBLE, USING A KNIFE TO CUT AND REMOVE THE BOTTOM HALF UNDER THE WIRE BASKET THAT REMAINS. 8. QUANTITIES ARE SHOWN FOR CONVENIENCE ONLY. CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL QUANTITIES PLANTING GENERAL NOTES IT IS PREFERABLE THAT NO TREE BE STAKED. HOWEVER, CONDITIONS AND PLANT MATERIAL SIZE MAY NECESSITATE STAKING. THE OWNER'S REP SHALL DETERMINE IF SUPPORT IS NEEDED AND SHALL DIRECT THE CONTRACTOR ACCORDINGLY. TREES BOTANICAL / COMMON NAME SIZE/COND.QTY QUERCUS SHUMARDII / SHUMARD OAK 3" CAL. 14 FULL, MATCHING QUERCUS VIRGINIANA / SOUTHERN LIVE OAK 3" CAL. 12 ULMUS CRASSIFOLIA / CEDAR ELM 3" CAL. 6 SHRUBS BOTANICAL / COMMON NAME SIZE QTY ILEX VOMITORIA 'NANA' / DWARF YAUPON HOLLY 5 GAL 15 GROUND COVERS BOTANICAL / COMMON NAME SIZE QTY BOUTELOUA DACTYLOIDES / BUFFALO GRASS SOD 8,213 SF TRACHELOSPERMUM ASIATICUM / ASIATIC JASMINE 4" POT 482 SF PLANT SCHEDULE SYMBOL DESCRIPTION QTY DETAIL STEEL EDGING 4/L1.011 REFERENCE NOTES SCHEDULE 4/L2.01 DPS GLOBAL COPPELLNOTESDRAWNDESIGNDATE SCALE FILE NO. DATENO.REVISION CITY OF COPPELL, DALLAS COUNTY, TEXAS 508 WRANGLER DR. COPPELL, TX 75019 & BEING A DATENO.ISSUE SITE PLAN - TANK FARM ADDITION 118 N. OHIO STREET CELINA, TX 75009 214.451.2765 508 WRANGLER DR. COPPELL, TX 75019 & BEING A PORTION OF LOT 3R-1, BLK 8 PARK WEST COMM CTR OVERALL PLANTING PLAN L2.00 1 OVERALL PLANTING PLAN 1" = 40'-0" EXISTING BUILDING PROPOSED BUILDING PROPERTY LINE/ LIMIT OF WORK LIMIT OF WORK PROPERTY LINE/ LIMIT OF WORKLIMIT OF WORKALL PROPOSED LANDSCAPED AREAS SHALL HAVE FULL IRRIGATION AND IRRIGATION PLANS WILL BE PROVIDED AT TIME OF BUILDING PERMIT SUBMITTAL. PROPOSED BUILDING EXPANSION PROPOSED TREE, TYP.EXISTING TREE, TYP. 325 12' FIRE LANE 283 sf BD 2 QS 3 UC 5 QV 2 QS 15 IN 3 UC 1,334 sf BD 141 sf TA 137 sf TA 109 sf TA 95 sf TAFIRE HYDRANT, REF. CIVIL PIPE VAULT, REF. CIVIL PIPE VAULT, REF. CIVIL EXISTING TREE TO REMAIN RETAINING WALL, REF. CIVIL EXISTING TREES TO REMAIN 1 1 UTILITY AND SEWER EASEMENT 6 QV 3 QS 7 QS 1 QV TREES BOTANICAL / COMMON NAME SIZE/COND.QTY QUERCUS SHUMARDII / SHUMARD OAK 3" CAL. 14 FULL, MATCHING QUERCUS VIRGINIANA / SOUTHERN LIVE OAK 3" CAL. 12 ULMUS CRASSIFOLIA / CEDAR ELM 3" CAL. 6 SHRUBS BOTANICAL / COMMON NAME SIZE QTY ILEX VOMITORIA 'NANA' / DWARF YAUPON HOLLY 5 GAL 15 GROUND COVERS BOTANICAL / COMMON NAME SIZE QTY BOUTELOUA DACTYLOIDES / BUFFALO GRASS SOD 8,213 SF TRACHELOSPERMUM ASIATICUM / ASIATIC JASMINE 4" POT 482 SF PLANT SCHEDULE SYMBOL DESCRIPTION QTY DETAIL STEEL EDGING 4/L1.011 REFERENCE NOTES SCHEDULE 4/L2.01 DPS GLOBAL COPPELLNOTESDRAWNDESIGNDATE SCALE FILE NO. DATENO.REVISION CITY OF COPPELL, DALLAS COUNTY, TEXAS 508 WRANGLER DR. COPPELL, TX 75019 & BEING A DATENO.ISSUE SITE PLAN - TANK FARM ADDITION 118 N. OHIO STREET CELINA, TX 75009 214.451.2765 508 WRANGLER DR. COPPELL, TX 75019 & BEING A PORTION OF LOT 3R-1, BLK 8 PARK WEST COMM CTR PLANTING PLAN L2.01 1 PLANTING PLAN 1" = 20'-0" EXISTING BUILDING PROPOSED BUILDING PROPERTY LINE/ LIMIT OF WORK LIMIT OF WORK PROPERTY LINE/ LIMIT OF WORKLIMIT OF WORKPROPOSED BUILDING EXPANSION 326 DPS GLOBAL COPPELLNOTESDRAWNDESIGNDATE SCALE FILE NO. DATENO.REVISION CITY OF COPPELL, DALLAS COUNTY, TEXAS 508 WRANGLER DR. COPPELL, TX 75019 & BEING A DATENO.ISSUE SITE PLAN - TANK FARM ADDITION 118 N. OHIO STREET CELINA, TX 75009 214.451.2765 508 WRANGLER DR. COPPELL, TX 75019 & BEING A PORTION OF LOT 3R-1, BLK 8 PARK WEST COMM CTR PLANTING DETAILS L2.02 SOIL PROFILE FOR SOD & SEED 1 1/2" = 1'-0" TURF OR SEED, REF. PLANTING PLANS FOR TYPE 1"4"EXISTING SOIL TOPSOIL PREP: 1. FINISH GRADE TOPSOIL BY REMOVING STONES LARGER THAN 1" IN ANY DIMENSION AND STICKS, ROOTS, RUBBISH, AND OTHER EXTRANEOUS MATTER TO LEGALLY DISPOSE OF THEM OFF OWNER'S PROPERTY. 2. ADD 1" COMPOST ON THE SURFACE, THEN TILL TO 4" DEPTH 3. INSTALL SOD AND SEED AS SHOWN AND NOTED PER SPECIFICATIONS, REF. PLANTING PLANS FOR TYPE 2 GROUNDCOVER PER PLANTING PLAN COMPOST MULCH LAYER (SEE SPECS) PLANTING SOIL (SEE SPECS) UNDISTURBED SOIL SPACING PER PLAN SPACING PER PLAN 1 1/2"4"ADJACENT WALK, CURB, ETC.1/2"GROUNDCOVER 1" = 1'-0"3 P-IN1-03 NOTE: STEEL EDGE SHALL CREATE A CLEAN SEPARATION BETWEEN AREAS & SHALL CREATE SMOOTH, EVEN LINES (AS INDICATED ON THE PLANS) STEEL EDGING AT PLANTING 1 1/2" = 1'-0" MULCH PREPARED SOIL IN PLANTING AREAS TOPSOIL 316" x 4" STEEL EDGING (BLACK), LOCATED ON PLANTER BED SIDE, TACK WELD CORNERS AND JOINTS, SPOT SPRAY PAINT WHERE NEEDED WITH BLACK ENAMEL TOP OF SOD LAYER 4 NOTE: DO NOT CREATE WATERING RING (SAUCER) AROUND TREE PIT CANOPY TREE W/ UNDERGROUND STAKES 3/4" = 1'-0" NAIL STAKE "U" BRACKET EDGE OF ROOT BALL ROOT BALL ANCHORING RING MULCH EDGE OF HOLE 36" NAIL STAKE TO ACCOMMODATE ROOT BALL AND PENETRATE UNDISTURBED GROUND. ORNAMENTAL TREES DO NOT REQUIRE STAKING NOTE: AUGER EXCAVATION OF TREE PIT IS NOT ACCEPTABLE. SET TREE PLUMB LEAVE TRUNK FLARE EXPOSED, SET ROOT BALL 1" ABOVE FINISHED GRADE, REMOVE ALL SYNTHETIC MATERIAL FROM ROOTBALL 3" MULCH MATERIAL BACKFILL WITH NATIVE SOIL, TAMP LIGHTLY & WATER IN 6" LIFTS, SCARIFY EDGES OF TREE PIT TAMPED MOUND UNDISTURBED SOIL 12" TYP. LEAVE TRUNK FLARE EXPOSED, PLANTING ROOT BALL 1" ABOVE FINISHED GRADE MULCH, SEE SPECS 1 327 Internal Memo DOCUMENT NO.: D22BP111-IM-001 REVISION: C DATE: 08 Aug 2023 2023 SF1047_G Page 1 of 3 TO: Ms. Mary Paron-Boswell, Sr. Planner, City of Coppell, TX. C.C.: Mr. Allen Hager, DPR, Mr. Jerome Doyle, AstraZeneca SUBJECT: Project Summary PREPARED BY: Aidan Coleman, Project Manager, DPS 1. SITE OVERVIEW The AstraZeneca (AZ) site located at 508 Wrangler Drive, Coppell, TX (Lot 3R-1, Block 8 Park West Commerce Center / Building 3 / West Facility ) is a single product manufacturing site and the only AZ site that produces Lokelma. Lokelma is a prescription medicine that is used to treat adults with Hyperkalemia. Hyperkalemia occurs when the potassium levels in a patient's blood are too high. It is a condition that can lead to serious and potentially life-threatening health issues. Patients with Chronic Kidney Disease (CKD) are at a higher risk for Hyperkalemia. CKD affects an estimated 200 million people worldwide. AstraZeneca's vision is to ensure every patient across the globe has access to the life-saving Lokelma. The AstraZeneca Coppell Site is approximately 118,185 square feet. The Coppell Site currently includes 6 manufacturing lines (Process Trains 1 - 6), Warehousing, Starting Material Storage (Tank Farm), Utility Space, Quality Control Lab and Administrative Areas. The Coppell Site operates 24 / 7 and the existing manufacturing capacity is one-hundred percent utilized to meet the current patient demand for Lokelma. The Lokelma demand is forecasted to more than double by 2026. Therefore, AstraZeneca needs to increase the Coppell Site's manufacturing capacity to be able to meet that demand. AstraZeneca's strategic plan includes the addition of 2 manufacturing lines (Process Trains 7 and 8), the associated utilities and a separate starting material storage building (Tank Farm) to the Coppell Manufacturing Site. The additional manufacturing lines will provide the capacity needed to meet the forecasted global demand for Lokelma. 2. SITE HISTORY 2015 - AstraZeneca acquired Lokelma from ZS Pharma and Coppell Site lease transferred to AstraZeneca 2018 – Received FDA and European Medicines Agency (EMA) regulatory approval for Lokelma 2019 – Launched commercial distribution of Lokelma 2023 – Lokelma approved in 55 Markets Worldwide 2023 – Tank Farm Design Initiated 328 Internal Memo DOCUMENT NO.: D22BP111-IM-001 REVISION: C DATE: 08 Aug 2023 2023 SF1047_G Page 2 of 3 2025- Tank Farm in Operation 2026- Q1 Train 7 Commercial Production 2026- Q3 Train 8 Commercial Production (TBD) 3. TANK FARM ADDITION The Aqueous Chemical Tank Farm addition to the site will be used to support the existing and new manufacturing lines (Process Trains 7 and 8). The overall facility footprint of the new Tank Farm is approximately 9,500 sf, including both floors. The building equates to 19,000 sf, including the Truck Unloading Area, the Tank Farm, and the supporting utilities on the first and second floors. The project is expected to have a land disturbance area of approximately 2.5 acres, which will require ground clearing, excavation, and levelling to allow a first-floor elevation to match the existing cGMP Building. Pacheco Koch, a Westwood company proposed approach to excavation/grading, site equipment location and will be the site civil engineering firm of record. Site work also includes utility infrastructure for water mains, sanitary sewer, storm water and electrical routing. The Tank Farm portion of the building, which will house the tanks and aqueous chemicals, requires the addition of nine tanks, eight of which are 17,000 Gallons intended to be fabricated from stainless steel, and one 10,000-gallon tank which will be Fiberglass Reinforced Polyester (FRP) to store the raw materials listed below: • Sodium Hydroxide (NaOH) • Zirconium Acetate (ZrAc) • Colloidal Silica • Hydrochloric Acid (HCl) It is important to note that the existing Tank Farm already in operation within the site holds the same chemicals. Thus, no new chemicals are being introduced to the site with the addition of the new and separate Tank Farm building. The additional starting material storage capacity of the new Tank Farm is required to support the increased manufacturing capacity with the addition of Process Trains 7 and 8. 4. City’s review comments (received on July 28,2023) and DPS Responses - is there any release of fumes, etc. into the atmosphere? DPS Response: No, All Hydrochloric Acid vents will be scrubbed prior to venting to atmosphere. Scrubber design will be managed in Detailed Design phase. All other vents are non-hazardous vent services. - Still needing information relating to chemicals and proximity to other buildings and property lines. As this may affect setback or construction material/rating of this building. DPS Response: The Tank Farm Building is considered an H-4 Occupancy Group. Section 307.6 329 Internal Memo DOCUMENT NO.: D22BP111-IM-001 REVISION: C DATE: 08 Aug 2023 2023 SF1047_G Page 3 of 3 High-hazard Group H-4 defines the tank farm building as containing materials that are health hazards that includes but not limited to Corrosives. The raw materials stored within the tank farm building are considered corrosives. 1: Tank Farm Building to Existing AZ Manufacturing Facility: Based on the attached civil site plan, the existing AstraZeneca manufacturing facility is 97.5 Feet off of the tank farm building. As listed in the 2015 IBC – Table 602 FIRE-RESISTANCE RATING REQUIREMENTS FOR EXTERIOR WALLS BASED ON FIRE SEPARATION DISTANCE there is a greater than 30 f oot distance between buildings so we would need a 0 Hr fire rating on the exterior wall of the tank farm building. 2: There is a 10 foot side yard setback on the existing property line. The Tank Farm building is located 14.6 feet off the side yard property line as shown on the attached civil site plan. As mentioned above, sine we are greater than 30 feet to any building based on the side yard property line, the exterior wall of the tank farm would be at 0 hours. As a precaution, and should the adjacent side yard property be developed, we are providing a 4-hour rated interior wall along the entire length of the tank farm building along the side yard property line. This will protect AZ from ever having to go back and install a fire rated wall in the future should the adjacent property ever be developed. Table 602 FIRE-RESISTANCE RATING REQUIREMENTS FOR EXTERIOR WALLS BASED ON FIRE SEPARATION DISTANCE FIRE SEPARATION DISTANCE = X (feet) TYPE OF CONSTR UCTION OCCUPANCY GROUP H (e) OCCUPANCY GROUP F-1, M, S-1 (f) OCCUPANCY GROUP A,B,E,F- 2,I,R,S- 2,U(h) X ≥ 30 All 0 0 0 (e) For special requirements for Group H occupancies, see Section 415.6 Section 415.6 – Fire Separation Distance: Building must comply with requirements outlined within this section, which we do. 330 August 2, 2023 WW No.: R0043217.00 Mr. Matthew Steer, AICP, LEED® Green Associate Development Services Administrator CITY OF COPPELL Planning Department 265 E. Parkway Blvd Coppell, TX 75019 Re: 508 Wrangler Drive Site Improvements Parking Memo Coppell, TX Dear Mr. Steer, The proposed improvements at 508 Wrangler Drive have left the site short of the required parking per City of Coppell standards for Light Industrial (LI) zoning. This memo aims to explain the parking deficit and assist in the pursuit of a zoning variance. To explain, this memo will discuss the existing conditions, the proposed improvements, and the employee shift data provided by the tenant, AstraZeneca Pharmaceuticals. The existing conditions consist of a 118,000-sf multi-use building and 237 parking spaces as of the site survey performed in March 2023. The use is split between office and warehouse and the required parking comes out to 225 spaces for a surplus of 12 spaces. There are open, undeveloped areas in the northwest and southwest corners of the property. The northwest and southwest corners have been reserved for the proposed tank farm and the corresponding construction trailer, respectively. See Exhibit A for existing parking conditions. The proposed improvements include a 18,186-sf tank farm, a building expansion, by others, of approximately 3,000 sf, and site electrical equipment. The site will be losing 45 spaces due to these improvements with 16 of those spaces being replaced for a total of 208 spaces provided after all construction is complete. A contingency of 8 spaces is being held for any unforeseen design changes that will remove parking to make the minimum promised parking count 200 spaces. The additional 21,186 sf from the tank farm and building expansion results in a parking requirement of 253 spaces. These parking counts, 200 provided and 253 required, leave the site 53 spaces short per City of Coppell standards. See Exhibit B for the proposed site plan. AstraZeneca (AZ) has provided their employee count and shift data to ease concern regarding the parking deficit. The employee count for AZ at their Coppell site is 208, excluding contractors. The current average maximum occupancy per day is 140 employees, which does include contractors. AZ leased a separate office in Coppell to accommodate the engineering and construction teams for the duration of the site expansion project, which will help reduce the current average maximum occupancy. The future average maximum occupancy per day is projected to remain around 140 employees per day with the reduction in contractors offsetting the increase in manufacturing staffing. Therefore, AZ confirmed that the 200 parking spaces will meet current and future business needs based on their operating staffing plan. 331 EXHIBIT A 332 DESIGN DRAWN DATE SCALE NOTES FILE NO. EXHB EXISTING CONDITIONS/DEMO PLAN AZ TANK FARM27 SPACES REMOVED 9 SPACES REMOVED 7 SPACES REMOVED 1 SPACE REMOVED 333 EXHIBIT B 334 NOT FOR CONSTRUCTIONVICINITY MAPCOUNTYMAPSCOPROJECT LOCATIONREVDATEDESCRIPTIONDESRCHKDAPPRREVDRAWING NO.PROJECT NO.SCALETITLESTATUSPROJECTNORTHSTAMPTHIS DRAWING IS THE PROPERTY OF DPS AND SHALL BE USED ONLY FOR THE PURPOSE FOR WHICH IT WAS ISSUED.IT SHALL NOT BE COPIED, REPRODUCED OR OTHERWISE USED, NOR SHALL SUCH INFORMATION BE FURNISHED INWHOLE OR IN PART TO OTHERS EXCEPT IN ACCORDANCE WITH THE TERMS OF ANY AGREEMENT UNDER WHICH THISDRAWING WAS ISSUED, OR WITH PRIOR WRITTEN CONSENT OF DPS, AND SHALL BE RETURNED UPON REQUEST.CLIENTCLIENT NO.PROJECTKEY PLANNOT FOR CONSTRUCTIONN:\0043217.00\07 CAD\DWG\Site Design C3D\Master Site Plan\0043217_OverallSP.dwg8/2/2023 10:08:39 AMISSUED FOR BODTG 6101319 - COPP TANK FARM EXPANSIOND22BP111AA04AUG23ISSUED FOR BODWJH(SUBJECT TO REVISION PRIOR TO CONSTRUCTION)ISSUED FOR PRELIMINARY PRICING PURPOSES ONLY1.18.1CCAAABCAF11015NN:\0043217.00\07 CAD\DWG\Site Design C3D\Master Site Plan\0043217_OverallSP.dwg8/2/2023 10:08:39 AMSITE PLAN - TANK FARM ADDITION1"=40'ZSPTX-C-0004A508 WRANGLER DR, COPPELL, TX 75019 & BEING APORTION OF LOT 3R-1, BLK 8 PARK WEST COMM CTRDATE: JULY 19, 2023·335 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7044 File ID: Type: Status: 2023-7044 Agenda Item Public Hearing 2Version: Reference: In Control: City Council 08/11/2023File Created: Final Action: PD-309-SF-12 & C, Forest CreekFile Name: Title: PUBLIC HEARING: Consider approval of PD-309-SF-12 & C, Forest Creek, Lots 1 & 2, Block A, a zoning change request from C (Commercial) to PD-309-SF-12 & C (Planned Development-309-Single Family-12 & Commercial), to allow the development of a residence and professional office building on two lots totaling 2.05 acres of property located on the west side of S. Denton Tap Road approximately 450 feet north of W Bethel Road, at the request of Jose Fernando Teruya, FTA Design Studio, Inc. Notes: Sponsors: Enactment Date: Memo.pdf, Staff Report.pdf, Detail Site Plan.pdf, Elevation Renderings and Material Exhibit.pdf, Landscape Plan.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7044 Title PUBLIC HEARING: Consider approval of PD-309-SF-12 & C, Forest Creek, Lots 1 & 2, Block A, a zoning change request from C (Commercial) to PD-309-SF-12 & C (Planned Development-309-Single Family-12 & Commercial), to allow the development of a residence and professional office building on two lots totaling 2.05 acres of property located on the west side of S. Denton Tap Road approximately 450 feet north of W Bethel Road, at the request of Jose Fernando Teruya, FTA Design Studio, Inc. Summary Fiscal Impact: Page 1City of Coppell, Texas Printed on 9/8/2023 336 Master Continued (2023-7044) This will add to the tax base. Staff Recommendation: The Community Development department is recommending approval of this request. Strategic Pillar Icon: Create Business and Innovation Nodes Page 2City of Coppell, Texas Printed on 9/8/2023 337 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: September 12, 2023 Reference: PUBLIC HEARING: Consider approval of a zoning change request from C (Commercial) to PD-309-SF-12 & C (Planned Development-309-Single Family-12 & Commercial), to allow the development of a residence and professional office building on two lots totaling 2.05 acres of property located on the west side of S. Denton Tap Road approximately 450 feet north of W Bethel Road. 2040: Create Business and Innovation Nodes Introduction: This property is currently vacant, and the developable area is limited because of its shape and its proximity to the floodplain. The applicant is an architect and is proposing to construct his house on the southern end of the site and his office on the north end of the site. Background: The subject property is currently zoned Commercial (C). With this proposal, the southern portion of the lot would be rezoned to allow for a residence. The base zoning would be SF-12 which matches the surrounding residences and also conforms to the Future Land Use Map. The residence would be constructed first. One of the challenges with this site is the driveway locations. Staff has been working with the applicant to adjust the driveway for the commercial lot that will entail adding a left turn lane and making some median modifications that the applicant will be responsible for. Lot 1: The southernmost lot is proposed for a single residence. This lot is somewhat triangular with a long frontage on S. Denton Tap, and it narrows towards the rear. They are asking for several variances which include: a variance to the front yard setback from 30-ft to 25-ft. and for a lot depth of 57 ft on the north side. As mentioned earlier, the lot’s irregular configuration and the 100-yr floodplain limits the development of the lot. Staff is in favor of the reduced front yard setback and lot depth. The residence as shown will be 5,118-sf and provides a tremendous side yard and rear yard setback. The two-story building will be on pier and beam and will have a two-car garage, a circular driveway off Denton Tap and guest parking. There will be no alley access. They are proposing permeable driveway paving for a portion of the site and concrete pavement for the circular drive portion. Staff has no 338 2 objection to this since they are providing concrete for the circular drive section in case emergency vehicles need to access the site. There is an eight-foot wall proposed along the front of the property where the garage and entry court are, and there will be a sliding gate for access to this area from the driveway. Lot 2: The northern lot is proposed to remain commercial. The applicant is proposing to construct his office here. This lot is proposed to have a 2,990-sf rectangular shaped office with mainly parking (12 spaces) on the lower level and the offices elevated above. The site will be accessed from two driveways on Denton Tap which will be constructed of concrete and contain a fire lane. There is a screening wall requirement between residential and commercial zoning. In this instance the applicant is proposing to utilize a living screen in between his office and his residence. The residence is also proposed to have a gated area by the garage that will also act as a screen. Staff is in favor of this request. The applicant is also proposing to use the existing trees as a living screen for the other residential lots to the west of this property. Staff is also in favor of this request since we do not want a wall in the middle of the creek in the 100- yr. floodplain. There is also approximately 100 ft from building to building with dense trees in between. Both buildings will have a modern look with the materials for both the residence and office being cream colored limestone, Austin “Butterstick” block and charcoal colored terracotta rainscreen. The office will have windows running the length of the building along Denton Tap and a terrace with a pressure treated wood lattice, with no windows on the rear of the office building, and the residence is the opposite with no windows along Denton Tap but windows at the rear of the building looking out to the creek and trees. According to the tree mitigation plans, they are preserving approximately 72% on Lot 2, and they are showing approximately $18,680 in mitigation fees. Benefit to the Community: This will add to the tax base. Legal Review: N/A Fiscal Impact: This will generate additional tax revenue. Recommendation: On August 17, 2023, The Planning and Zoning Commission recommended unanimous approval (6- 0) subject to the following conditions: 1. There may be additional comments during detailed engineering plan review. 2. Tree mitigation fees shall be paid at time of tree removal permit. 3. The plat cannot be filed prior to zoning being approved. 4. Park fees are required for the residential lot. 5. PD Conditions: a. To allow for no alley for the residential portion. b. To allow a front yard of 25-ft in lieu of 30-ft for Lot 1, Block A. c. To waive the screening wall requirement between Lot 1 and Lot 2. 339 3 d. To allow the existing trees to act as a living screen between Lot 2 and the adjacent residential lots. e. To allow a screening wall in the front yard as shown on the site plan. f. To allow for a minimum lot depth of 57.93-ft on the north side of Lot 1. g. To allow for a privacy and noise barrier wall within the sewer easement via a license agreement. h. To allow for residential driveway access on S. Denton Tap Rd. i. The applicant is responsible for any median modification costs for installing the left turn lane. j. The office building will be required to be sprinklered. Attachments: 1. Staff Report 2. Detail Site Plan 3. Elevation Renderings & Material Board 4. Landscape Plan 340 ITEM #10 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE No.: PD-309-SF-12 & C, Forest Creek Development, Lots 1 & 2, Blk A P&Z HEARING DATE: August 17, 2023 C.C. HEARING DATE: September 12, 2023 STAFF REP.: Mary Paron-Boswell, AICP Senior Planner LOCATION: West side of S. Denton Tap between W. Bethel School Rd. and W. Bethel Rd. SIZE OF AREA: 2.05 acres of property CURRENT ZONING: C (Commercial) REQUEST: C (Commercial) to PD-309-SF-12 & C (Planned Development-309-Single Family- 12 & Commercial), to allow the development of a residence and professional office building on two lots totaling 2.05 acres of property located on the west side of S. Denton Tap Road approximately 450 feet north of W Bethel Road, at the request of Jose Fernando Teruya, FTA Design Studio, Inc. APPLICANT: Owner: Eliana & Jose Fernando Teruya 1056 Village Parkway Coppell, TX 75019 (469) 939-2586 fteruya@fernando-teruya.com HISTORY: This property is undeveloped and is limited in developable area because of its shape and the floodplain. HISTORIC COMMENT: This property has no noted historical significance. TRANSPORTATION: Denton Tap is a six-lane divided road in a 110’ ROW SURROUNDING LAND USE & ZONING: North: Commercial (C) South: Alexander Court - Residential (PD-220R-SF-12)) East: Commercial (C) across the street West: Grand Cove Estates - Residential (SF-12) 341 ITEM #10 Page 2 of 4 COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, shows this land as appropriate for Residential Neighborhood use. DISCUSSION: Site Plan This piece of property is two acres in size, however, it is oddly shaped and has a limited amount of land for development, since a good portion of it backs up to the 100-yr floodplain and drop about 20-ft from Denton Tap to the creek at the rear of the site. Staff has been working with the owner to come up with a plan to allow for his proposal. Currently the property is zoned Commercial (C). With this proposal the southern portion of the lot would be rezoned to allow for a residence. The base zoning would be SF-12 which matches the surrounding residences and also conforms to the Future Land Use Map. The northern portion of the property would remain Commercial (C) and an office building is planned to be constructed there. The owner of the property plans to live in the residence and build an office for his architecture business next door. The residence would be constructed first. One of the challenges of this site was the driveway locations. Staff has been working with the applicant to adjust the driveway for the commercial lot to better align with the median opening already in place. This will entail adding a left turn lane and making some median modifications that they will be responsible for. Further analysis will be done at the time of engineering review. Lot 1: This site plan shows two lots, the southernmost lot is property would be for a single residence. This lot is somewhat triangular with a long frontage on S. Denton Tap and it narrows towards the rear. The base zoning for this lot is proposed to be SF-12. They are asking for several variances which include a variance to the front yard setback from 30-ft to 25-ft. and for a lot depth of 57 ft on the north side. As mentioned earlier, the lot’s irregular configuration and the 100-yr floodplain limits the development of the lot. Staff is in favor of the reduced front yard setback and lot depth. The residence as shown will be 5,118-sf and provides a tremendous side yard and rear yard setback. The two-story building will be on pier and beam and will have a two-car garage, a circular driveway off Denton Tap and guest parking, there will be no alley access. They are proposing permeable driveway paving for a portion of the site and concrete pavement for the circular drive portion. Staff has no objection to this since they are providing concrete for the circular drive section in case emergency vehicles need to access the site. There is proposed to be an eight-foot wall along the front of the property where the garage and entry court are, with a sliding gate for access to the to this area from the driveway. Lot 2: The northern lot is proposed to remain commercial. The applicant is proposing to construct his office here. The property to the north of this is also commercial. This lot is proposed to have a rectangular 2,990-sf office, with mainly parking (12 spaces) on the lower level and the offices elevated above. The site will be accessed from two driveways on Denton Tap which will be concrete and contain a fire lane. There is a screening wall requirement between residential and commercial zoning. In this instance the applicant is proposing to utilize a living screen in between his office and his residence. The residence is also proposed to 342 ITEM #10 Page 3 of 4 have a gated area by the garage. Staff is in favor of this request. The applicant is also proposing to use the existing trees as a living screen for the other residential lots to the west of this property. Staff is also in favor of this request since we do not want a wall in the middle of the creek in the 100 yr floodplain and since there is approximately 100 ft from building to building with dense trees in between. Building Elevations Both buildings will have a modern look to them with the materials for the residence being cream colored limestone, Austin “Butterstick” block and charcoal colored terracotta rainscreen. The roof will be a standing seam metal roof. The office building will coordinate with the same cream colored limestone, Austin “Butterstick” block and charcoal colored terracotta rainscreen and a standing seam metal roof. The office will also have windows running the length of the building along Denton Tap and a terrace with a pressure treated wood lattice. There doesn’t appear to be any windows on the rear of the office building. The office building will also be required to be fire sprinklered. No signage has been proposed for the building. Landscaping Landscaping plans are only required for the commercial lot, but they will be providing landscaping for both lots. They are proposing to remove trees to be able to construct both buildings, associated parking, etc. They are proposing to save the trees that they can. According to their tree mitigation plans are preserving approximately 72% on Lot 2. Staff will need to verify the tree mitigation fees. They are showing approximately $18,680 in mitigation fees. Landscaping is proposed along Denton Tap with a combination of trees, and groundcover grouped at either end and smaller shrubs in between the driveway entrances. The applicant is proposing to save as many trees as possible on site and they are situated around the site including in the parking area and at the residence. A large percentage of the site will be landscaped or in a natural state, more than the 30% required for lots under 2 acres. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the request subject to the following conditions: 1. There may be additional comments during detailed engineering plan review. 2. Tree mitigation fees shall be paid at time of tree removal permit. 3. The plat cannot be filed prior to zoning being approved. 4. Park fees are required for the residential lot. 5. PD Conditions: a. To allow for no alley for the residential portion. b. To allow a front yard of 25-ft in lieu of 30-ft for Lot 1, Block A. c. To waive the screening wall requirement between Lot 1 and Lot 2. d. To allow the existing trees to act as a living screen between Lot 2 and the adjacent residential lots. e. To allow a screening wall in the front yard as shown on the site plan. f. To allow for a minimum lot depth of 57.93-ft on the north side of Lot 1. g. To allow for a privacy and noise barrier wall within the sewer easement via a license agreement. 343 ITEM #10 Page 4 of 4 h. To allow for residential driveway access on S. Denton Tap Rd. i. The applicant is responsible for any median modification costs for installing the left turn lane. j. The office building will be required to be sprinklered. ALTERNATIVES: 1. Approval of the request 2. Denial of the request 3. Modification of the request 4. Take the case under advisement to a future date ATTACHMENTS: 1. Detail Site Plan 2. Elevation Renderings & Materials Exhibit 3. Landscape Plan 344 30'-0"20'-0"20'-0"30'-0"44'-7 5/16"44'-7 5/16"30'-0"9,376 sq.ft. 9,376 sq.ft.SS110'-0"30'-0"30'-0"12'-8"339'-5"125'-11"18'-0"18'-0"31'-0"24'-0"90'-0"30'-10"16'-10"492'-6"155'-4"18'-2"9'-3"13'-0"4944944934934944924944.2% DN492488BUTTERSTICK STONE494.4GARBAGETRUCKCONCRETE DRIVEWAYPV PANELSOVER GREENTERRACE4 FT RETAINING WALL12' WALL FIRELANECONCRETEDRIVEWAYALL PARKING SPACESON OPEN-JOINTPRECAST CONCRETEPERMEABLE DECK ONBEAMS AND PIERSTREE GRATING12 (9' x 19')PARKING SPACESTOP ELEVATION +530.5GRAVELBACKYARD GATE495bridge ice warningsign to be relocatedOPEN-JOINTPRECAST CONCRETEPERMEABLE DECKON BEAMS AND PIERSTREEGRATINGOPEN-JOINT PRECASTCONCRETE PERMEABLEDECK ON BEAMS ANDPIERS524.51:3FIRST FLOORFINISHED FLOORELEVATION +495.52-STORYSF-12ON BEAMS AND PIERS2 - CARGARAGEEAVE OVERHANG(FLOOR ELEVATION +489)513.0POOLPERMEABLE DECKPERGOLA493.5506.0511.0PERMEABLE DECK495 495OFF-STREETGUEST PARKING4954954944941ENTRY COURTSTAIRS TOUPPER LEVEL3.8 %5.2 %1.4%498.90497.9499.25EROSION HAZARD SETBACKLINE APPROXIMATE LOCATIONDETERMINED USING FIGURE13-9-1 (A) AS SHOWN IN CITYORDINANCE SECTION 13-9-1,SUB-SECTION G, PARAGRAPH20.EROSION HAZARD SETBACK LINE APPROXIMATE LOCATIONDETERMINED USING FIGURE 13-9-1 (A) AS SHOWN IN CITYORDINANCE SECTION 13-9-1, SUB-SECTION G, PARAGRAPH 20.FIRELANE STRIPEAppro x i m a t e B a s e F l o o d APPROXIMATE LIMITS OF100 YEAR FLOODPLAIN INACCORDANCE WITH F.I.R.M.MAP, DATED 07-07-2014,COMMUNITY PANELNO. 481130155 KAPPROXIMATE LIMITS OF 100 YEARFLOODPLAIN IN ACCORDANCE WITHF.I.R.M. MAP, DATED 07-07-2014,COMMUNITY PANEL NO. 481130155 KZONE "AE"ZONE "AE"ZONE "AE"ZONE "X"ZONE "AE"ZONE "X"Elevat i o n 4 8 7 APPROXIMATE LIMITS OF 100 YEARFLOODPLAIN IN ACCORDANCE WITHF.I.R.M. MAP, DATED 07-07-2014,COMMUNITY PANEL NO. 481130155 KAPPROXIMATE LIMITS OF 100 YEARFLOODPLAIN IN ACCORDANCE WITHF.I.R.M. MAP, DATED 07-07-2014,COMMUNITY PANEL NO. 481130155 KZONE "AE"ZONE "X"ZONE "AE"ZONE "X"ZONE "AE"ZONE "X" ZONE "X" (0.2%)ZONE "AE"REGULATORY FLOODWAYCONCRETE BASE(SIGNAGE REMOVED)MANHOLE1/2" IRFSTAMPED"RPLS 3047"UTILITY POLE10' UTILITY ESMTVOL. 88042, PG. 1296D.R.D.C.T.CABLE MARKER1/2" IRFSTAMPED"RPLS 3047"2' x 13' DRAINAGE ESMTVOL. 88042, PG. 1303D.R.D.C.T.CONCRETEPAD10' GENERAL TELEPHONECOMPANY ESMT.VOL. 71012, PG. 1666D.R.D.C.T.10' SIDEWALK ESMT.DOC. NO. 201000242697R.P.R.D.C.T.10' GENERAL TELEPHONE COMPANY ESMT.VOL. 71012, PG. 1666 D.R.D.C.T.25' SANITARY SEWER ESMT.VOL. 96101, PG. 4055 D.R.D.C.T.2' x 13' DRAINAGE ESMTVOL. 88042, PG. 1303 D.R.D.C.T.EX. CURB INLETEX. CURB INLETEX. WVEX. WVGRGRGRGR0 10 2030 4060 ftNSOUTH DENTON TAP ROAD(A VARIABLE WIDTH R.O.W.) CONCRETE PAVEMENTLOT 21, BLOCK AALEXANDER COURT ADDITIONDOC. NO. 20080199412P.R.D.C.T.LOT 13, BLOCK AGRAND COVE ESTATESVOL. 94190, PG. 4358M.R.D.C.T.LOT 14, BLOCK AGRAND COVE ESTATESVOL. 94190, PG. 4358M.R.D.C.T.LOT 4, BLOCK ATHE BURCH ADDITIONVOL. 95166, PG. 239M.R.D.C.T.SEX. HYDGRBRIDGE CONCRETE RAILING0 10 2030 4060 ftNPROPERTY LINE PROPERTY LINE PROPERTY LINEPROPERTY L INE PROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEGRPROPERTY LINEPROPERTY LINESOUTH DENTON TAP ROAD(A VARIABLE WIDTH R.O.W.) CONCRETE PAVEMENTGR LOT 20, BLOCK AALEXANDER COURT ADDITIONDOC. NO. 20080199412P.R.D.C.T. LOT 12, BLOCK AGRAND COVE ESTATESVOL. 94190, PG. 4358M.R.D.C.T. LOT 11, BLOCK AGRAND COVE ESTATESVOL. 94190, PG. 4358M.R.D.C.T.EXISTING CONCRETE SIDEWALKGRAPEVINE CREEK CREEKCREEKEXISTING CONCRETE SIDEWALKGRPROPERTY LINEEXISTING CONCRETE SIDEWALKUNDERGROUNDCABLE BOX25' SANITARYSEWER EASEMENT20'-0"30'-0"24'-0"1:3BUILDINGSETBACK496.92,990 sq ft OFFICE (115' x 26'), 16' FFL ABOVE GRADE,14' FIRE TRUCK OVERHEAD CLEARANCE (LCE 512.1)20' B .L .30' B.L.20' B.L.30' B.L.30' B.L.20' B.L.PROPOSED 25' B.L. TO MATCHSANITARY SEWER EASEMENT LINEPROPOSED 25' B.L. TO MATCHSANITARY SEWER EASEMENT LINE505507523.01:31:3495493494.98' WALLPERMEABLE PAVINGDRIVEWAYGATE494.8GATE4954% DN30' B.L.142'-9"DRIVEWAY DISTANCEDRIVEWAY DISTANCE97'-2"140'-8"DISTANCES TO NEXTDRIVEWAY NORTHPROPOSEDELDARICAPINEPROPOSEDELDARICAPINE 44'-7 516" (10% of lot width) B.L. 44'-7 516" (10% of lot width) B.L. 30' B.L. 30' B.L.496.32498.16RISER ROOM13'- 6" x 8'496.8NEW FIRE HYDRANTHYD 496.8FDCEXISTING MEDIAN20'-0"NEW REINFORCED CONCRETE PAVEMENTDEDICATED LEFT TURN LANE PER CITY STD. 2025RELOCATED INLET62'-6"82'-5"60'-0"89'-6"10'-6"ZONED SF-12ZONED SF-12ZONED SF-12ZONED COMMERCIALIrving, TX 75039 400 E. Royal Lane, Suite 208designstudioFOREST CREEK DEVELOPMENTOWNERSPLANNING &PROPERTY LOCATIONARCHITECTURALCONSULTANTSDESIGNFOREST CREEK ADDITIONLots 1 & 2, Block ASITE PLANSITE PLANSITE COVERAGE AND AREASSITE DATA TABLELOT 1 PROPOSED USESURROUNDING LAND USE & ZONING:LOT 2 PROPOSED USEPLANNED DEVELOPMENT CONDITIONS:345 18'-0"18'-0"31'-0"90'-0"492'-6"155'-4"18'-2"9'-3"15'-0"4944944934934944924944.2% DN492488BUTTERSTICK STONE494.4GARBAGE TRUCKCONCRETE DRIVEWAYPV PANELS OVER GREEN TERRACE4 FT RETAINING WALL12' WALLGRAVELBACKYARD GATE495bridge ice warning sign to be relocatedOPEN-JOINTPRECAST CONCRETEPERMEABLE DECKON BEAMS AND PIERSTREE GRATINGOPEN-JOINT PRECASTCONCRETE PERMEABLEDECK ON BEAMS ANDPIERS524.51:3FIRST FLOORFINISHED FLOOR ELEVATION +495.52-STORYSF-12ON BEAMS AND PIERS2 - CARGARAGEEAVE OVERHANG(FLOOR ELEVATION +489)513.0POOLPERMEABLE DECKPERGOLA493.5506.0511.0PERMEABLE DECK 495495OFF-STREET GUEST PARKING495495494494ENTRY COURT3.8 %5.2 %1.4%EROSION HAZARD SETBACK LINEAPPROXIMATE LOCATIONDETERMINED USING FIGURE 13-9-1(A) AS SHOWN IN CITY ORDINANCESECTION 13-9-1, SUB-SECTION G,PARAGRAPH 20.R10'-0"R1 0 ' - 0 " R19'- 0 " R33'-6"R15'-0"R7'-6"CONCRETE BASE(SIGNAGEREMOVED)MANHOLE1/2" IRFSTAMPED"RPLS 3047"UTILITY POLE10' UTILITY ESMTVOL. 88042, PG. 1296D.R.D.C.T.CABLEMARKER1/2" IRFSTAMPED"RPLS 3047"2' x 13' DRAINAGE ESMTVOL. 88042, PG. 1303D.R.D.C.T.CONCRETEPAD10' GENERAL TELEPHONECOMPANY ESMT.VOL. 71012, PG. 1666 D.R.D.C.T.EX. CURB INLETEX. WVEX. WVGRGRGR0 10 2030 4060 ftNSOUTH DENTON TAP ROAD(A VARIABLE WIDTH R.O.W.) CONCRETE PAVEMENTEX. HYDGRPROPERTY LINEPROPERTY LINEGREXISTING CONCRETESIDEWALKCREEKEXISTING CONCRETE SIDEWALKUNDERGROUNDCABLE BOX25' SANITARYSEWER EASEMENTAppro x i m a t e B a s e F l o o d APPROXIMATE LIMITS OF100 YEAR FLOODPLAIN INACCORDANCE WITHF.I.R.M. MAP, DATED07-07-2014, COMMUNITYPANEL NO. 481130155 KAPPROXIMATE LIMITS OF100 YEAR FLOODPLAIN INACCORDANCE WITHF.I.R.M. MAP, DATED07-07-2014, COMMUNITYPANEL NO. 481130155 KZONE "AE"ZONE "AE"ZONE "AE"ZONE "X"ZONE "AE"ZONE "X"Elevat i o n 4 8 7ZONE "AE"ZONE "X"REGULATORY FLOODWAY Zone X (0.2%)0.2% Annual ChanceFlood Hazard, Areas of1% annual chance floodwith average depth lessthan one foot or withdrainage areas of lessthan one square mile1:330' B.L.20' B.L.PROPOSED 25' B.L. TO MATCHSANITARY SEWER EASEMENT LINEPROPOSED 25' B.L. TO MATCHSANITARY SEWER EASEMENT LINELOT 1, BLOCK A 60,395 SQ. FT OR 1.39 ACRES505507523.01:31:320'-0"495493494.98' WALLPERMEABLE PAVINGDRIVEWAYGATE494.8GATE4954% DN30' B.L.PROPOSEDELDARICA PINE 44'-7 516" (10% of lot width) B.L. 44'-7 516" (10% of lot width) B.L.Irving, TX 75039 400 E. Royal Lane, Suite 208designstudioFOREST CREEK DEVELOPMENTOWNERSPLANNING &PROPERTY LOCATIONARCHITECTURALCONSULTANTSDESIGNFOREST CREEK ADDITIONLot 1, Block A SF-12SITE PLANAPPROXIMATE LOCATION OF EXISTING SEWER LINEPROPOSED CREPE MYRTLESPROPOSED CREPE MYRTLESSITE DATA TABLELOT 1 PROPOSED USESURROUNDING LAND USE & ZONING:LOT 2 PROPOSED USEPLANNED DEVELOPMENT CONDITIONS:346 R5 4 'SS110'-0"30'-0"30'-0"12'-8"339'-5"125'-11"24'-0"30'-10"16'-10"13'-0"FIRELANECONCRETE DRIVEWAYALL PARKING SPACESON OPEN-JOINTPRECAST CONCRETEPERMEABLE DECK ONBEAMS AND PIERSTREE GRATING12 (9' x 19') PARKING SPACESTOP ELEVATION +530.51STAIRS TOUPPER LEVEL498.90497.9499.25EROSION HAZARD SETBACK LINE APPROXIMATE LOCATIONDETERMINED USING FIGURE 13-9-1 (A) AS SHOWN IN CITY ORDINANCE SECTION 13-9-1,SUB-SECTION G, PARAGRAPH 20.R20'-0" R20' - 0 " R20'- 0 "R20'-0"R4'-0"FIRELANESTRIPE10' SIDEWALK ESMT.DOC. NO. 201000242697R.P.R.D.C.T.10' GENERAL TELEPHONECOMPANY ESMT.VOL. 71012, PG. 1666 D.R.D.C.T.25' SANITARY SEWERESMT.VOL. 96101, PG. 4055D.R.D.C.T.2' x 13' DRAINAGE ESMTVOL. 88042, PG. 1303D.R.D.C.T.EX. CURB INLETGRLOT 13, BLOCK AGRAND COVE ESTATESVOL. 94190, PG. 4358M.R.D.C.T.LOT 14, BLOCK AGRAND COVE ESTATESVOL. 94190, PG. 4358M.R.D.C.T.NPROPERTY LINE PROPERTY LINEPROPERTY LINEPROPERTY LINEGRPROPERTY LINEPROPERTY LINE(A VARIABLE WIDTH R.O.W.) CONCRETE PAVEMENTCREEKEXISTING CONCRETE SIDEWALKGRPROPERTY LINE0 10 2030 4060 ftSOUTH DENTON TAP ROADAPPROXIMATE LIMITS OF100 YEAR FLOODPLAIN INACCORDANCE WITHF.I.R.M. MAP, DATED07-07-2014, COMMUNITYPANEL NO. 481130155 KAPPROXIMATE LIMITS OF100 YEAR FLOODPLAIN INACCORDANCE WITHF.I.R.M. MAP, DATED07-07-2014, COMMUNITYPANEL NO. 481130155 KZONE "AE"ZONE "X" ZONE "X" (0.2%)ZONE "AE"ZONE "AE"ZONE "X"20'-0"30'-0"24'-0"234567891011BUILDINGSETBACK12496.92,990 sq ft OFFICE (115' x 26'), 16' FFL ABOVE GRADE,14' FIRE TRUCK OVERHEAD CLEARANCE (LCE 512.1)20' B .L .30' B.L.20' B.L.30' B.L.LOT 2, BLOCK A 28,937 SQ. FT OR 0.66 ACRES24' POLE LED LIGHTCANOPY LEDFLOODLIGHT142'-9"DRIVEWAY DISTANCEDRIVEWAY DISTANCEPROPOSEDELDARICA PINE30' B.L. 30' B.L.496.32R30'R30'498.16RISER ROOM13'- 6" x 8'496.8NEW FIREHYDRANTHYD 496.8R4' -0 "FDCEXISTING MEDIAN20'-0"NEW REINFORCEDCONCRETE PAVEMENTDEDICATED LEFT TURNLANE PER CITY STD.2025RELOCATEDINLET62'-6"10'-6"Irving, TX 75039 400 E. Royal Lane, Suite 208designstudioFOREST CREEK DEVELOPMENTOWNERSPLANNING &PROPERTY LOCATIONARCHITECTURALCONSULTANTSDESIGNFOREST CREEK ADDITIONLot 2, Block A COMMERCIALSITE PLANSITE DATA TABLELOT 1 PROPOSED USESURROUNDING LAND USE & ZONING:LOT 2 PROPOSED USEPLANNED DEVELOPMENT CONDITIONS:347 ELEVATIONS 0 20 40 60 80 100 ft 0 10 20 30 40 50 ft S DENTON TAP RD ELEVATION LOT 1 SF-12 S DENTON TAP RD ELEVATION LOTS 1 & 2 27’-6” 20’-6” 29’-0” 22’-0” 16’-0” 8’-0” 12’-0” 0’-0” Standing seam metal roof Limestone cream color Austin“Butterstick” blockTerracota rainscreen charcoal color LIMESTONE + BUTTERSTICK BLOCK + TERRACOTA RAINSCREEN = 100% OF BUILDING FACADE LOTS 1 & 2 348 ELEVATIONS 0 20 40 60 80 100 ft WEST ELEVATION LOT 1 SF-12 WEST ELEVATION LOTS 1 & 2 27’-6” 22’-6” 29’-0” 16’-0” 10’-6”12’-0” 26’-0” 0 10 20 30 40 50 ft Standing seam metal roof Limestone cream color PV panels over green terrace Iron guardrail Terracota rainscreen charcoal color Pressure treated wood lattice LIMESTONE + BUTTERSTICK BLOCK + TERRACOTA RAINSCREEN = 100% OF BUILDING FACADE Austin“Butterstick” block 349 ELEVATIONS SOUTH ELEVATION LOT 1 SF-12 NORTH ELEVATION LOT 1 SF-120 10 20 30 40 50 ft 27’-6” 20’-6” 29’-0” 22’-0” 12’-0” 0’-0” 8’-0” 26’-0” 29’-0” 16’-0” 11’-0” 0’-0” 0 10 20 30 40 50 ft 19’-6” -2’-0” 350 ELEVATIONS 0 20 40 60 80 100 ft S DENTON TAP RD ELEVATION LOT 2 COMMERCIAL S DENTON TAP RD ELEVATION LOTS 1 & 2 0 10 20 30 40 50 ft 34’-0” 14’-6” 26’-6” 0’-0” Limestone cream color Iron guardrailTerracota rainscreen charcoal color LIMESTONE + TERRACOTA RAINSCREEN = 100% OF BUILDING FACADE 351 ELEVATIONS WEST ELEVATION LOT 2 COMMERCIAL WEST ELEVATION LOTS 1 & 2 0 10 20 30 40 50 ft 0 20 40 60 80 100 ft 34’-0” 14’-6” 26’-6” 0’-0” Standing seam metal roof Limestone cream color Iron guardrail Terracota rainscreen charcoal color Masonry retaining wall LIMESTONE + TERRACOTA RAINSCREEN = 100% OF BUILDING FACADE 352 ELEVATIONS SOUTH ELEVATION LOT 2 COMMERCIAL NORTH ELEVATION LOT 2 COMMERCIAL0 10 20 30 ft 0 10 20 30 ft 34’-0” 14’-6” 26’-6” 0’-0” 34’-0” 14’-6” 26’-6” 353 ELEVATIONS Standing seam metal roof Matte grey, baked-on lusterless finish Iron fence Limestone cream color Salado/Georgetown/ Florence quarries. Smooth sawn face, honed Austin “Butterstick” block 2’ x 2’ x 5’ Salado/Georgetown/ Florence quarries. Engineered foundation Wood slat sliding and swing gatesArchitectural Terracota Rainscreen charcoal color NBK, Moeding, Boston Valley Terracota or similar SF-1 and COMMERCIAL - PROPOSED ARCHITECTURAL MATERIAL PALETTE ARCHITECTURAL PALETTE 354 4 7 5 4754754764774784794804804 8 0 480485485485486486487487488488489489490490491491492492493493494494495495495 4964964 9 6 49749849 8 499 SS4 9 7 497.00496.00493.0010194 9.3"10192 18.5"10193 9"10196 6.8" 6.7"10197 26.1"10153 26.1"10199 24"10158 21"10160 24"10157 10.5"10159 9.7"10163 24.3"10162 9.7"10161 26.3"101647.3"1016512"101507.2"1015514.1"1015420.5"101526.5"101517"102007.3"101989"1015610195 6"10179101811018210183101801018410185101861018810189101901018710191 8.3" 6.5"12"7" 8.3" 6.1" 6.6" 6.9" 13.8" 6.7"6.4" 6.5"6.4"APPROXIMATE LIMITS OF100 YEAR FLOODPLAIN INACCORDANCE WITHF.I.R.M. MAP, DATED07-07-2014, COMMUNITYPANEL NO. 481130155 KAPPROXIMATE LIMITS OF100 YEAR FLOODPLAIN INACCORDANCE WITHF.I.R.M. MAP, DATED07-07-2014, COMMUNITYPANEL NO. 481130155 KZONE "AE"ZONE "X" ZONE "X" (0.2%)ZONE "AE"ZONE "AE"ZONE "X"VI S I B I L I T Y T R I A N G L E VISIBILITY TRIANGLEVISIBILITY TRIANGLEVISIBILITY TRIANGLEEXISTING GUARDRAILEXISTING GUARDRAILEXISTING GUARDRAIL497.00498.00499.00BUILDING PROJECTION1 0 ' LANDSCAPE BU F FERPROPERTY L INE 15' LANDSCAPE BUFFERPROPERTY LINE10' LANDSCAPE BUFFERPROPERTY LINE PROPERTY LINE 10' LANDSCAPE BUFFER RETAINING WALL IN ADJACENT LOTEXISTING SIDEWALKEXISTING SIDEWALKEXISTING TREES,REFER TO TREE SURVEY30' BUILDING LINE(33) LIRIOPE MUSCARILIRIOPE1 GAL @ 18" O.C.(3) LAGERSTROEMIA INDICAZUNI CREPE MYRTLE7' MIN H. @ 9' O.C.(24) ABELIA GRANDIFLORA 'EDWARD GOUCHER'GLOSSY ABELIA7 GAL @ 42" O.C.(15) ILEX VOMITORIA'NANA'DWARF YAUPON HOLLY3 GAL @ 36" O.C.CALYPTOCARPUSVIALISHORSEHERBGROUNDCOVER(15) ILEX VOMITORIA 'NANA'DWARF YAUPON HOLLY3 GAL @ 36" O.C.CALYPTOCARPUSVIALIS HORSEHERBGROUNDCOVER(4) PINUS ELDARICAAFGHAN PINE4" MIN. CAL.,7' MIN H. @ 18' O.C.CYNODONDACTYLONBERMUDA GRASSSOLID SODCYNODONDACTYLONBERMUDA GRASSSOLID SOD(19) SYMPHORICARPOSORBICULATUSCORALBERRY5 GAL @ 60" O.C.BLACK BASALTGRAVEL 3" DEPTHWEED BARRIERFABRIC(3) LAGERSTROEMIAINDICAZUNI CREPE MYRTLE7' MIN H. @ 9' O.C.CYNODONDACTYLONBERMUDA GRASSSOLID SOD(3) LAGERSTROEMIA INDICAZUNI CREPE MYRTLE7' MIN H. @ 9' O.C.(5) SYMPHORICARPOSORBICULATUSCORALBERRY5 GAL @ 60" O.C.TREE TO BEREMOVEDTREE TOREMAINREFER TOTREE SURVEY25'-0"SANITARYSEWEREASEMENT10'-0"GENERAL TELEPHONECOMPANY ANDUTILITY EASEMENT10'-0"SIDEWALK EASEMENTEXISTING SIDEWALK2 0 ' BU I LD ING L INELOT 2, BLOCK A 28,937 SQ. FT OR 0.66 ACRES30' B.L. 30' B.L.COMMERCIAL DRIVEWAYDECORATIVE PAVING494.00495.00HYDENH A N C E D P A V I N G COMMERCIAL DRIVEWAYDECORATIVE PAVING498.00487488489491492493494495490IRRIGATION1.ALL REQUIRED LANDSCAPE AREAS SHALL HAVE AN UNDERGROUND AUTOMATIC IRRIGATIONSYSTEM DESIGNED AND INSTALLED ACCORDING TO TCEQ LAWS AND REGULATIONS, WITH AFREEZE/RAIN SENSOR. SYSTEM SHALL ALSO HAVE AN ET WEATHER BASED CONTROLLERAND BE DESIGNED AND INSTALLED BY A LICENSED IRRIGATOR.MAINTENANCE REQUIREMENTS:1.VEGETATION SHOULD BE INSPECTED REGULARLY TO ENSURE THAT PLANT MATERIAL ISESTABLISHING PROPERLY AND REMAINS IN A HEALTHY GROWING CONDITION APPROPRIATEFOR THE SEASON. IF DAMAGED OR REMOVED, PLANTS MUST BE REPLACED BY A SIMILARVARIETY AND SIZE.2.MOWING, TRIMMING, EDGING AND SUPERVISION OF WATER APPLICATIONS SHALL BE THERESPONSIBILITY OF THE CONTRACTOR UNTIL THE OWNER OR OWNER'S REPRESENTATIVEACCEPTS AND ASSUMES REGULAR MAINTENANCE.3.ALL LANDSCAPE AREAS SHOULD BE CLEANED AND KEPT FREE OF TRASH, DEBRIS, WEEDSAND OTHER MATERIAL.MISCELLANEOUS MATERIALS:1.STEEL EDGING SHALL BE 3/16" x 4 x 16' DARK GREEN DURAEDGE STEEL LANDSCAPE EDGINGUNLESS NOTED OTHERWISE ON PLANS/DETAILS.2.BLACK BASALT ROCK SHALL BE INSTALLED COMPACTED TO A 3" DEPTH OVER WEEDBARRIER FABRIC. ROCK SIZE SHALL BE BETWEEN 1" AND 2".PRUNING AND TRIMMING NOTES1.CONTRACTOR SHALL PRUNE ALL EXISTING TREES ON-SITE USING STANDARD GUIDELINES INTHE INDUSTRY.2.ALL TREES SHALL BE TRIMMED SO THAT NATURAL SHAPES OF THE PLANTS ARE RETAINED.3.DO NOT 'TOP' OR 'HEAD' TREES.4.IF BALLING OR SHEARING OF TREES HAS OCCURRED IN THE PAST. DISCONTINUE THISPRACTICE AND ALLOW PLANTS TO GROW INTO NATURAL SHAPE.5.REMOVE SUCKERS, DEAD, DYING, DISEASED, BROKEN AND I OR WEAK BRANCHES FROM ALLTREES ALONG THE MAIN TRUNK STRUCTURE AND WITHIN THE BRANCHING AREA.6.CONTRACTOR SHALL PRUNE EXISTING DECIDUOUS HARDWOOD BY REMOVING LOWER LIMBSTO RAISE THE CANOPY. THE BOTTOM OF THE CANOPY SHALL BE RAISED TO 12'-0" ABOVEGRADE FOR DECIDUOUS HARDWOOD TREES, WHEN POSSIBLE. THE INTEGRITY OF THECANOPY AND STRUCTURE OF THE TREE SHALL BE MAINTAINED. DO NOT CUT OR PRUNECENTRAL LEADERS.7.CONTRACTOR SHALL THIN THE CANOPY BY ONE-FOURTH. PRUNE TREE TO EVENLY SPACEBRANCHES WITHIN THE CANOPY WHENEVER POSSIBLE REMOVE THOSE LIMBS THAT CROSSOTHERS, DOUBLE LEADERS AND THOSE THAT EXCESSIVELY EXTEND BEYOND THE NATURALCROWN OF THE TREE.8.CONTRACTOR SHALL PROVIDE DEEP ROOT FEEDING AND INVIGORATION OF EXISTING TREES.THIS SHALL BE ORGANIC BASED NUTRIENTS BASED FOR ROOT GROWTH AND LEAF GROWTHSTIMULATION.9.CONTRACTOR SHALL BE REQUIRED TO CHIP ALL REMOVED BRANCHES, LEAFS, ETC.TREE PLANTING1.TREE PLANTING HOLES S HALL BE EXCAVATED TO MINIMUM WIDTH OF TWO TIMES THEWIDTH OF THE ROOTBALL, AND TO A DEPTH EQUAL TO THE DEPTH OF THE ROOTBALL LESSTWO INCHES.2.SCARIFY THE SIDES AND BOTTOM OF THE PLANTING HOLE PRIOR TO THE PLACEMENT OFTHE TREE. REMOVE ANY GLAZING THAT MAY HAVE BEEN CAUSED DURING THE EXCAVATIONOF THE HOLE.3.FOR CONTAINER TREES, TO REMOVE ANY POTENTIALLY GIRDLING ROOTS AND OTHERROOT DEFECTS, THE CONTRACTOR SHALL SHAVE A 1" LAYER OFF OF THE SIDES ANDBOTTOM OF THE ROOTBALL OF ALL TREES JUST BEFORE PLACING INTO THE PLANTING PIT.DO NOT "TEASE" ROOTS OUT FROM THE ROOTBALL.4.INSTALL THE TREE ON UNDISTURBED SUBGRADE SO THAT THE TOP OF THE ROOTBALL ISTWO TO THREE INCHES ABOVE THE SURROUNDING GRADE.5.BACKFILL THE TREE HOLE UTILIZING THE EXISTING TOPSOIL FROM ON-SITE. ROCKS LARGERTHAN 1" DIA. AND ALL OTHER DEBRIS SHALL BE REMOVED FROM THE SOIL PRIOR TO THEBACKFILL. SHOULD ADDITIONAL SOIL BE REQUIRED TO ACCOMPLISH THIS TASK, IMPORTADDITIONAL TOPSOIL FROM OFF-SITE AT NO ADDITIONAL COST TO THE OWNER.6.THE TOTAL NUMBER OF TREE STAKES (BEYOND THE MINIMUMS LISTED BELOW) WILL BELEFT TO THE LANDSCAPE CONTRACTOR'S DISCRETION. SHOULD ANY TREES FALL OR LEAN,THE LANDSCAPE CONTRACTOR SHALL STRAIGHTEN THE TREE, OR REPLACE IT SHOULD ITBECOME DAMAGED. TREE STAKING SHALL ADHERE TO THE FOLLOWING GUIDELINES:a.- 30 GAL TREESTWO STAKES PER TREEb.- 45 - 100 THREE STAKES PER TREEc.- MULTI-TRUNK TREES THREE STAKES PER TREE MINIMUM, POSITIONED ASNEEDED TO STABILZE THE TREE7.UPON COMPLETION OF PLANTING, CONSTRUCT AN EARTH WATERING BASIN AROUND THETREE. COVER THE INTERIOR OF THE TREE RING WITH THE WEED BARRIER CLOTH ANDTOPDRESS WITH MULCH (TYPE AND DEPTH PER PLANS).SHRUB, PERENNIAL, AND GROUNDCOVER PLANTING1.DIG THE PLANTING HOL ES TWICE AS WIDE AND 2" LESS DEEP THAN EACH PLANT'SROOTBALL. INSTALL THE PLANT IN THE HOLE. BACKFILL AROUND THE PLANT WITH SOILAMENDED PER SOIL TEST RECOMMENDATIONS.2.INSTALL THE WEED BARRIER CLOTH, OVERLAPPING IT AT THE ENDS. UTILIZE STEEL STAPLESTO KEEP THE WEED BARRIER CLOTH IN PLACE.3.WHEN PLANTING IS COMPLETE, INSTALL MULCH (TYPE AND DEPTH PER PLANS) OVER ALLPLANTING BEDS, COVERING THE ENTIRE PLANTING AREA.SODDING1.SOD VARIETY TO BE AS SPECIFIED ON THE LANDSCAPE PLAN.2.LAY SOD WITHIN 24 HRS FROM THE TIME OF STRIPPING. DO NOT LAY IF GROUND IS FROZEN.3.LAY THE SOD TO FORM A SOLID MASS WITH TIGHTLY FITTED JOINTS. BUTT ENDS AND SIDESOF SOD STRIPS- DO NOT OVERLAP. STAGGER STRIPS TO OFFSET JOINTS IN ADJACENTCOURSES.4.ROLL THE SOD TO ENSURE GOOD CONTACT OF THE SOD'S ROOT SYSTEM WITH THE SOILUNDERNEATH.5.WATER THE SOD THOROUGHLY WITH A FINE SPRAY IMMEDIATELY AFTER PLANTING TOOBTAIN AT LEAST SIX INCHES OF PENETRATION INTO THE SOIL BELOW THE SOD.LANDSCAPE NOTES1.CONTRACTOR TO VERIFY AND LOCATE ALL PROPOSED AND EXISTING ELEMENTS. NOTIFYLANDSCAPE ARCHITECT OR DESIGNATED REPRESENTATIVE FOR ANY LAYOUTDISCREPANCIES OR ANY CONDITION THAT WOULD PROHIBIT THE INSTALLATION AS SHOWN.SURVEY DATA OF EXISTING CONDITIONS WAS SUPPLIED BY OTHERS2 CONTRACTOR SHALL CALL 811 TO VERIFY AND LOCATE ALL ABOVE GROUND ANDUNDERGROUND UTILITIES ON SITE PRIOR TO COMMENCING WORK. LANDSCAPE ARCHITECTSHOULD BE NOTIFIED OF ANY CONFLICTS. CONTRACTOR TO EXERCISE EXTREME CAUTIONWHEN WORKING NEAR UNDERGROUND UTILITIES. CONTRACTOR SHALL BE RESPONSIBLEFOR ANY DAMAGE AND SUBSEQUENT REPAIR TO ANY EXISTING UTILITIES.3.A MINIMUM OF 2% SLOPE SHALL BE PROVIDED AWAY FROM ALL STRUCTURES.4.CONTRACTOR SHALL FINE GRADE AREAS TO ACHIEVE FINAL CONTOURS AS INDICATED.LEAVE AREAS TO RECEIVE TOPSOIL 3" BELOW FINAL FINISHED GRADE IN PLANTING AREASAND 1 " BELOW FINAL FINISHED GRADE IN LAWN AREAS.5.LANDSCAPE ISLANDS SHALL BE CROWNED, AND UNIFORM THROUGHOUT THE SITE.6 PLANTING AREAS AND SOD TO BE SEPARATED BY STEEL EDGING. NO STEEL EDGING SHALLBE INSTALLED ADJACENT TO BUILDINGS, WALKS OR CURBS. EDGING NOT TO BE MORE THANI/2" ABOVE FINISHED GRADE.7 EDGING SHALL BE CUT AT 45 DEGREE ANGLE WHERE IT INTERSECTS WALKS AND/OR CURBS.8 MULCH SHALL BE INSTALLED AT 1/2" BELOW THE TOPS OF SIDEWALKS AND CURBING.9.QUANTITIES ON THESE PLANS ARE FOR REFERENCE ONLY. THE SPACING OF PLANTS SHOULDBE AS INDICATED ON PLANS OR OTHERWISE NOTED. ALL TREES AND SHRUBS SHALL BEPLANTED PER DETAILS.10.CONTAINER GROWN PLANT MATERIAL IS PREFERRED HOWEVER BALL AND BURLAP PLANTMATERIAL CAN BE SUBSTITUTED IF NEED BE AND IS APPROPRIATE TO THE SIZE AND QUALITYINDICATED ON THE PLANT MATERIAL LIST.11.TREES SHALL BE PLANTED AT A MINIMUM OF 4' FROM ANY UTILITY LINE, SIDEWALK OR CURB.TREES SHALL ALSO BE I0'' CLEAR FROM FIRE HYDRANTS.12.4" OF SHREDDED HARDWOOD MULCH (2" SETILED THICKNESS) SHALL BE PLACED OVER WEEDBARRIER FABRIC. MULCH SHALL BE SHREDDED HARDWOOD MULCH OR APPROVED EQUAL,PINE STRAW MULCH IS PROHIBITED.13.WEED BARRIER FABRIC SHALL BE USED IN PLANT BEDS AND AROUND ALL TREES AND SHALLBE MIRAFI 1405 WEED BARRIER OR APPROVED EQUAL.14.CONTRACTOR TO PROVIDE UNIT PRICING OF LANDSCAPE MATERIALS AND BE RESPONSIBLEFOR OBTAINING ALL LANDSCAPE AND IRRIGATION PERMITSGENERAL PLANTING1.EXCEPT IN AREAS TO BE PLANTED WITH ORNAMENTAL GRASSES, APPLY PRE-EMERGENTHERBICIDES AT THE MANUFACTURER'S RECOMMENDED RATE.2.TRENCHING NEAR EXISTING TREES:a. CONTRACTOR SHALL NOT DISTURB ROOTS 1-1/2" AND LARGER IN DIAMETER WITHIN THECRITICAL ROOT ZONE (CRZ) OF EXISTING TREES, AND SHALL EXERCISE ALL POSSIBLE CAREAND PRECAUTIONS TO AVOID INJURY TO TREE ROOTS, TRUNKS, AND BRANCHES.b. EXCAVATION WITHIN THE CRZ SHALL BE PERFORMED USING HAND TOOLS.c. ALL SEVERED ROOTS SHALL BE HAND PRUNED WITH SHARP TOOLS AND ALLOWED TOAIR-DRY. DO NOT USE ANY SORT OF SEALERS OR WOUND PAINTS.LANDSCAPE DATA TABLETOTAL SITE AREA DEVOTED TO LANDSCAPINGTotal Site Area:28,938 sq.ft.Building Footprint (over Landscaped and Parking Area): 3,276 sq.ft.Lot Coverage:10,346 sq.ft. Parking Area: 8,231 sq.ft.Area not covered by buildings:25,662 sq.ft. (88.6% = 28,938 - 3,276)Landscape Area (excl. green area under building and sidewalk):18,592 sq.ft. (64.7% = 28,938 - 10,346)LANDSCAPE REQUIREMENT FOR OFF-STREET PARKINGAND VEHICULAR USE AREASINTERIOR LANDSCAPE REQUIREMENTS1.10% of Interior Zone Area devoted to living landscaping.2.One tree for every 400 sq.ft. of interior landscape area.3.One planting island with a tree for every 8.33 parking spaces (12%). REQUIREDPROPOSED Living landscaping >10% of Interior Zone Area Interior Zone Area = Lot area - Landscape buffer area 19,063 sq.ft. x 0.10 = 1,906 sq.ft.12,188 sq.ft. 1 tree / 400 sq.ft. of 1,906 sq.ft = 5 trees5 out of 16 protected trees and 1 unprotectedtree, many existing trees less than 6" caliper.One planting island with a tree for every 8.33 parking 5 open parking spaces (7 covered), all onpermeable open-joint precast concrete deck surrounded on 3 sides by 24 protected trees. One planting island (9' x 19',surrounding 1 protected tree.PERIMETER LANDSCAPE REQUIREMENTS1.Perimeter Landscape: One tree for every 50 linear feet.2.Screen h=30" along perimeter REQUIRED PROPOSEDDenton Tap Rd: 339' - 60' (2 driveways)= 279' = 6 trees4 trees and 2 groups of three accent trees.South: 57' = 2 trees1 tree and 1 group of three accent trees.West: 380' = 8 trees8 trees (7 protected and 1 unprotected).North: 89' = 2 trees2 existing trees.Total Perimeter Landscape Area: 9,875 sq.ft.9,875 sq.ft.Evergreen shrubs h=30" outside floodplain.LANDSCAPE REQUIREMENT FOR NON-VEHICULAR OPEN SPACENon-vehicular open space: 20,707 sq.ft. (71.5% of site)REQUIREDPROPOSED Non-vehicular open space > 50% of site:6 out of 23 protected and 2 unprotected trees,1 tree / 4,000 sq.ft. = 6 treesmany existing less than 6" caliper. Feature Landscaping 15% of lot not covered by building: 25,662 x 0.15 = 3,8503,878 sq.ft. provided. 50% min. of 15% in front yard: 3,850 x 0.50 = 1,925 min.YesAll open ground within 20' of building or paving must Yeshave landscaping.LANDSCAPE REQUIREMENT FOR LOTS TWO ACRES IN SIZE OR LESSREQUIREDPROPOSEDLandscape Area: max. 30% of site = 8,682 sq.ft.18,592 sq.ft. Enhanced Paving: max 5% of 8,682 = 434 sq.ft.663 sq.ft. (commercial driveway decorative paving x 2, enhanced paving sidewalk) PLANT SCHEDULETYPE QTY SIZESPACINGTREESPINUS ELDARICA 44" MIN. CAL., 7' MIN H. 18' O.C.AFGHAN PINEACCENT TREESLAGERSTROEMIA INDICA ZUNI 97' MIN H. 9' O.C.CREPE MYRTLESHRUBSABELIA GRANDIFLORA247 GAL 42" O.C.'EDWARD GOUCHER'GLOSSY ABELIAILEX VOMITORIA 'NANA'303 GAL36" O.C.DWARF YAUPON HOLLYSYMPHORICARPOS ORBICULATUS 24 5 GAL 60" O.C.CORALBERRYGROUND COVERCALYPTOCARPUS VIALIS1 GAL12" O.C.HORSEHERBLIRIOPE MUSCARI331 GAL18" O.C.LIRIOPEGRASSESCYNODON DACTYLONSOLID ROLLED TIGHT, SAND FILLED JOINTSBERMUDA GRASSSOD 100% WEED, PEST, DISEASE FREENSOUTH DENTON TAP ROAD0 10 2030 4060 ftIrving, TX 75039 400 E. Royal Lane, Suite 208designstudioFOREST CREEK DEVELOPMENTOWNERSPLANNING &PROPERTY LOCATIONARCHITECTURALCONSULTANTSDESIGNFOREST CREEK ADDITIONLot 2, Block A COMMERCIALLANDSCAPE PLAN355 ELEVATIONS Crepe Myrtle (Lagerstroemia indica) Blue Fescue (Festuca ovina glauca)Pampas Grass (Cortaderia selloana)Feather Reed Grass (Calamagrostis “Karl Foerster”)Havard's Century Plant (Agave Havardiana)Texas Sage (Leucophyllum frutescens) Afghan Pine (Pinus Eldarica) Crossvine (Anisostichus) Glossy Abelia (Abelia Grandiflora)Dwarf Yaupon Holly (Ilex Vomitoria ‘Nana’)Coralberry (Symphoricarpos Orbiculatus) LANDSCAPE PALETTE Horseherb (Calyptocarpus vialis)Mondo Grass (Ophiopogon japonicus)Liriope (Liriope Muscari)Bermuda Grass (Cynodon Dactylon) LOT 2 COMMERCIAL - PROPOSED PLANT MATERIAL PALETTE TREE ACCENT TREE SHRUBS GRASSGROUND COVERS LOT 1 SF-12 - ADDITIONAL PLANT MATERIAL FOREST CREEK DEVELOPMENT FOREST CREEK ADDITION 356