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CP 2000-08-22 NOTICE OF CITY COUNCIL MEETING AND AGENDA AUGUST 22, 2000 CANDY SHEEHAN, LARRY WHEELER, Place 6 Mayor Mayor Pro Tem GREG GARCIA, Place I MARSHA TUNNELL, Place 4 JAYNE PETERS, Place 2 DOUG STOVER, Place 5 PAT KEENAN, Place 3 BILL YORK, Place 7 JIM WITT, City Manager MEETING TIME AND PLACE: Call to Order 6:00 p.m. Council Chambers (Open to the Public) Executive SessionImmediately Following Ist FI. Conf. Room(Closed to the Public) Work Session Immediately Following 1st FI. Conf. Room(Open to the Public) Regular Session 7:30 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, August 22, 2000, 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 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION REGULAR SESSION (Open to the Public) 1. Call to order. ag08222000 Page i of 5 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session I ~,~ e_. A. Section 551.072, Texas Government Code Deliberation regarding Real Property. 1. Land Acquisition for Recreational Purposes. WORK SESSION (Open to the Public) 3. Convene Work Session A. Presentation by Library Board and Staff. ~ ~3r,,.,~ ~ B. Fiscal Year 2000 - Budget Update C. Discuss Special Events/Pigfest. D. Discuss Procedures for Using City Van requested by Councilmember York. E. Discuss the Location of the Construction on the Senior Center Building requested by Councilmember York. F. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. I nvocati on. 5. Pledge of Allegiance. I ("~5(: 6. Report by Telecommunications Board and Presentation of broadband data services options for residents and businesses in Coppell. l F>~,-~~ 7. Presentation to Gold Star Recipients. 8. Citizen's Appearances. CONSENT AGENDA 9. Consider approval of the following consent agenda items: ~"2 F)~t--~) A. Consider approval of minutes: August 8, 2000 August 15, 2000. )c1 (p~C) B. Consider approval of Professional Services Contract to Phillips Swager Associates in the amount of $65,100.00 for architectural services associated with the Court expansion project; and authorizing the City Manager to sign. a808222000 Page 2 of 5 ITEM # ITEM DESCRIPTION C. Consider approval of a contract for the installation of lighting at l~_~2r~SC-~ three middle school tennis facilities to Groves Electric in the amount of $69,190.00, and authorizing the City Manager to sign. D. Consider approval of an Interim Public Right-of-Way Use Agreement ~ iO,~.~ .~ between the City of Coppell, TXU Communications Telecom Services Company d/b/a TXU Communications, a certified telecommunications provider, and authorizing the City Manager to sign. E. Consider authorizing the City Manager to execute necessary documents, including quit claim deeds, to acquire hike and bike trail ,~ (F)~,,S(~ 3 road to Wagon Wheel Park. F. Consider approval of a Contract Modification for VAI Architects for / Gp ~'~-,9 ~' ~ the design and construction documentation of the proposed Service Center, increasing the contract by $35,000.00, and authorizing the City Manager to sign. END OF CONSENT 10. PUBLIC HEARING: (~ ,S To receive public comment concerning the Proposed 2000-2001 Municipal Budget. 11. PUBLIC HEARING: To receive public comment concerning the Proposed 2000-2001 tax rate of ,.3 p~,--,$ t/s.6486. 12. Consider approval of an Economic Development Incentive Agreement c//~.~ C-~ between the City of Coppel l and the Coppel l Independent School District, and authorizing the City Manager to sign. 13. Consider approval of awarding Bid No. Q-0700-01 for newspaper l I tpo~C,S advertising to the Citizens' Advocate for the period August 2000 to July 31, 2001. 14. Consider a resolution supporting the Texas Clean Air Working Group (TCAWG) efforts to seek legislative support in reducing mobile source pc~j~--~ emissions, creating incentives for commercial emissions reduction, and effective implementation and enforcement of the state implementation plan for the North Texas nonattainment area, and authorizing the Mayor to sign. ag08222000 Page 3 of 5 ITEM # ITEM DESCRIPTION City ManaSer's Report. (:::2~,.~1c5'A. Update on Wagon Wheel and MacArthur Parks. 16. Mayor and Council Reports. A. Report by Mayor Sheehan regarding National League of Cities Leadership Conference. B. Report by Mayor Sheehan regarding Teen Court. C. Report by Councilmember Keenan regarding a meeting with ~-~e., Katherine Ray of Ray and Associates. D. Report by Councilmember Peters regarding Bells Across America Celebration on September 17th. E. Report by Councilmember Peters regarding Senior Adult Services Gold Tournament on September 18th. E Report by Mayor Pro Tern Wheeler regarding TXU Fence Right-of-Way. WORK SESSION (Open to the Public) 17. Re-convene Work Session as published, if necessary. REGULAR SESSION (Open to the Public) 18. Necessary action resulting from Work Session. 19. Necessary Action Resulting from Executive Session. Adjournment. Candy Sheehan, 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 day of , 2000, at Libby Ball, City Secretary ag08222000 Page 4 of 5 DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE AT THE WILLIAM T. COZBY PUBLIC LIBRARY OR THE CITY SECRETARY DEPARTMENT AT TOWN CENTER. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE 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 forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724 Carrying of a concealed handgun on these premises or at any official political meeting in the City of Coppell is illegal. Es ilegal Ilevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier junta oficial de politica en la ciudad de Coppell. ag08222000 Page 5 of 5 '~ ,~ '~ CITY~ ~ COUNCIL MEETING: August 22, 2000 ITEM EXECUTIVE SESSION A. Section 551.072, Texas Government Code- Deliberation regarding Real Property. 1. Land Acquisition for Recreational Purposes. SUBMITrED BY: Jim Witt TITLE: City Manager INITIALS ~ ' --t2 'f~ CITYs° COUNCIL MEETING: August 22, 2000 ITEM WORK SESSION A. Presentation by Library Board and Staff. B. Fiscal Year 2000 - Budget Update C. Discuss Special Events/Pigfest. D. Discuss Procedures for Using City Van requested by Councilmember York. E. Discuss the Location of the Construction on the Senior Center Building requested by Councilmember York. F. Discussion of Agenda Items. CITY MANAGER'S REVIEW: CITY COUNCIL MEETING: August 22, 2000 ITEM ITEM CAPTION: Report by Telecommunications Board and Presentation of broadband data services options for residents and businesses in Coppell. SUBMITTED BY: Rick Moore TITLE: Manager of Information Systems STAFF COMMENTS: AT&T Broadband Services, GTE Southwest and Paragon Cable will each make a brief presentation about their broadband service offerings, both currently available and short-term strategies. BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS :~\~ Agenda Request Form - Revised 5/00 Document Name: {broadband 6B~pz~~L AGENDA REQUEST FORM CITY COUNCIL MEETING: August 22, 2000 ITEM St 7 PRESENTATION TO GOLD STAR RECIPIENTS The Silver Star Program is designed to recognize and reward permanent City of Coppell employees who perform over and above their normal job duties and render exceptional services to citizens and other employees as related to the accomplishments of the City or Department's goals and objectives. The employee is awarded a Silver Star certificate for each exceptional service. After three silver stars have been earned or received within a 12-month period beginning March 1st each year, the employee is presented a gold star pin. The employee or employees who receive four gold stars within the 12-month period will be awarded a Superstar Award at the City Employee Awards Banquet. CITY MANAGER'S REVIEW: iZd,/'!'''''''~ '~ 'i"l~ CITYs ~ COUNCIL MEETING: August 22, 2000 ITEM # ___~ CITIZENS' APPEARANCES ORDINANCE NO. 94665 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances is hereby amended by adding to Chapter One (1) the following new Article 1-10: ARTICLE 1 - 10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS 1-10-6.2.1 CITIZENS APPEARANCE 1-10-6.2.1 Subjects Not Appearing on the Agenda Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attach by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). REVIEW: CITY MANAGER'S II ~-' '~-i:~' -~ q]~ :~i: 'a ~~ CITY COUNCIL MEETING: August 22, 2000 ITEM # ITEM CAPTION: Consider approval of minutes: August 8, 2000 August 15, 2000. SUBMITtED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS: ~\~ DIR. INITIALS: FIN. ~ CITY MANAGER REVIEW: Agenda Request Form - Revised :5/00 Document Name: %minutes MINUTES OF AUGUST 8, 2000 The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 8, 2000, at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Candy Sheehan, Mayor Larry Wheeler, Mayor Pro Tem Greg Garcia, Councilmember dayne Peters, Councilmember Pat Keenan, Councilmember Marsha Tunnell, Councilmember Doug Stover, Councilmember ,,,i, Bill York, Councilmember .... ! Also present were City Manager dim Wilt, ~ibb~i~all and City Attorney Robert Hager. REGULAR SESSION 1. Call to order. Mayor Sheehan called the. meeting to .order adjourned into Executive Session. . EXECUTIVE SESSION IClosed to the Public) 2. Convene ~eeutive Session A. Seeti0.n 551.074 lall 1}, Tens Government Code PersOnnel Matters. 1. City Manager. Mayor Sheehan convened into Executive Session at 6:10 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 6:37 p.m. and opened the Work Session. CM08082000 Page 1 of 14 WORK SESSION (Open to the Public} 3. Convene Work Session A. Discussion of Plans for Proposed Public Service Center. B. Discussion of Agenda Items. REGULAR SESSION {Open to the Public} 4. Invocation. Pastor Wayne McDonald, Metrocrest Community Church, led those present in the invocation. ; S. PledgeofAllegiance. I~ ..... ,?i;i!;![,ia~ii,~:~ Mayor Sheehan led those present in the pledge of Allegiance. Item 9 was considered at this time. !i~em 9 5oi i Item 7 was considered at this time. See Item 7 iminutes. 6. PresentatiOn .by: Coppell businesses i;~egarding traffic problem at 820 S. MacArthur Boulevard and 817 S. MacArthur Boulevard. Presentation: Jim Witt, City Manager; Herb Ziev, Regency Realty Corporation; Rich Cook, past Tom Thumb store manager; John Evans, manager of shopping center across from Tom Thumb; Shabana Adenwala, of ~uilding [tlocks Toy 9tore; and Doug Thompson, current Tom Thumb !~!i!!~!~i::~! store manager, made a presentation to Council. Issues Discussed: There was discussion regarding the traffic safety of this area; taxes that are paid by the surrounding businesses to the City of Coppell and Coppell Independent School District; what would be the economic effect on the businesses if a left turn was prohibited into the shopping center; and how the future growth in that area would affect the traffic flow. CM08082000 Page 2 of 14 There was a suggestion that the current traffic pattern be studied at the shopping areas. Regency Realty offered to contribute $100,000.00 for the design and installation of the requested traffic light. 7. Citizen's Appearances. A. Bill Herries, 810 Lockhaven, spoke in support of retention of City Manager Jim Witt. B. Peyton Weaver, 701 Dove Circle, spoke in support of retention of City Manager Jim Witt. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: July 25, 2000 july 31, 2000. B. Consider a~roval of signing an Interlocal Purchasing Agreement between City of Coppell and County of Tarrant and authorizing the City Manager to sign. C. Consider approval of an ordinance amending Article 8-3 Par~::, S~tion 8-S-I(A} of the Code of Ordinances for the City of Coppell to prohibit parking on both sides of West Town Center Drive from Denton Tap Road to Coppell High School property; and authorizing the Mayor to sign. D. Consider approval of an ordinance amending the Code of Ordinances Chapter 8, Article 1~ Section 4 to establish the maximum prima facie speed limit for a designated school ~ ! zone on West Town Center Drive from Denton Tap Road west to Coppell High School property; and authorizing the Mayor to sign. E. Consider approval of an ordinance amending the Code of Ordinances Chapter 8, Article 1, Section 4 to establish the maximum prima facie speed limit for a designated school zone on MacArthur Blvd. and Starleaf Street for Riverchase Elementary School; and authorizing the Mayor to sign. CM08082000 Page 3 of 14 P. Consider approval of awarding Bid #Q-0500-03 for the purchase of Water/Wastewater System Material to Metro Valve and Pipe for an estimated total amount of $51,8 12.82, as budgeted. Land Use and Development G. Consider approval of an Ordinance for Case No. PD-176R2, McMillan Estates, PD Amendment, to allow the development of two (2) single-family homes on approximately 1.04 acres of property and to establish SF-9 zoning on approximately 0.46 acres to two tracts to be incorporated into existing adj in the Old Coppell Estates subdivision located along the north side of Bethel Road, and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items, A, B, C carrying Ordinance No. 2000-919, D carrying Ordinance No. 2000-920, E caring Ordinance No. 2000-921, F, and G carrying Ordinance No. 91500~A-266. Councilmember York seconded the motion; the motion carried. 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, PeterS, Keenan, Tunnell, Stover and York voting in favor of the motion~ ' ' 9. Consider a vote of co~dence in support of retention of City Manager Jim Witt as r~i~ested by Councilmember WheeleL Presentation: Councilmember Wheeler made a presentation to the Council. Issues Discussed: Jim Witt, City Manager, asked the Council to rescind his offer to resign. CM08082000 Page 4 of 14 Action: Mayor Pro Tem Wheeler moved to consider a vote of confidence in support of retention of City Manager Jim Witt. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Keenan, Tunnell, Stover and York voting in favor of the motion. 10. Consider approval of the certification of the 2000 anticipated collection rate for the period of July 1, 2000 through June 30, 2001 and the amount of excess debt collections during the period of July 1, 1999 through June 30, 2000. Presentation: Jennifer Armstrong, Finance Director, made a presentation to Council. Issues Discussed: There was discussion re: these funds will be allocated. Action: Councilmemt~,~r Yorki.:~moved'.to approve' the certification of the 2000 antiCipated .:~allecti~i:' rate "f0'~!"!i!!~l~: period of July 1, 2000 through ,June 30, 2~)0:t and'the amount of excess debt collections during the period of July 1, 1999 through June 30, 2000. Councilmember Garcia seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmcmbers Garcia, Peters, Keenan, Tunnell, Stover and York voting in favor of the motion. 11. Consider approval of a vote to propose a tax revenue increase while maintaining the tax rate of .6486 and to announce the ~i!!~!;! Public Hearing at the next regularly scheduled Council Meeting on August 22, 2000 at 7:30 p.m. Presentation: Jim Witt, City Manager, made a presentation to Council. CM08082000 Page 5 of 14 Action: Mayor Pro Tern Wheeler moved to approve a vote to propose a tax revenue increase while maintaining the tax rate of .6486 and to announce the Public Hearing at the next regularly scheduled Council Meeting on August 22, 2000 at 7:30 p.m. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Keenan, Tunnell, Stover and York voting in favor of the motion. 12. Consider approval of the establishment of a Tax Stab~ization Reserve per the agenda item passed by Council ~iiiiii~uly 25, Presentation: !,i:ii~:i:i~ii~i:~i~ Jim Witt, City Manager, made a presentation to Council. Issues Discussed: Staff recommendation was $3,000 There wa~S discussion regarding whether these funds could be isignated at a later time if the money is needed for something else; this item would be approved in. th,'e line item budget that the approves. ,. , Action: . Councilmember Keenan moved to approve the establishment of a Tax Stabilization Reserve per the agenda item passed by Council on July 25, 2000 in the amount of $3,000,000.00. Councilmember Peters seconded the motion; the motion carried 4-3 with Mayor Pro Tem Wheeler and Councilmembers Peters, Keenan and Tunnell voting in favor of the motion and Councilmembers Garcia, Stover and York voting against the motion. 13. PUBLIC HEARING: Consider approval of Case No. ZC-603 {CH}, zoning change request from LI {Light Industrial} to HC {Highway Commercial} on approximately 7.5 acres of property located at the southeast corner of S.H. 12 1 and Denton Tap Road. Mayor Sheehan called for an executive session at this time. CM08082000 Page 6 of 14 EXECUTIVE SESSION {Closed to the Public} Convene Executive Session A. Section 551,071, Texas Government Code ~ Consultation with City Attorney. Mayor Sheehan convened into Executive Session at 8:30 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 8:33 p.m. and reopened the Regular Session, continuing with item 13. REGULAR SESSION {Open to the Public} Public Hearing: Mayor Sheehan opened the Public Hearing on It~ii 13 .~d" advised that that the Public Hearing will be continued u~iii!ii iii September 12, 2000 Issues Discussed: ~ii~?~ · .... There has been discussion between thc s legal and the City's legal coun~?i~!and it is felt that Public H. should be continued a~..~eS~ptember 12, 2000 Council meeting. ~i~ ....~..~'..I =:.= ....I Action: ~.I I..:~.: ...::.:: ~... Councilme~!~!~nell moved to continue this item until the the rr~O~on;!":=:~e ~on c~ied 7-0 with Mayor Pro Tern Wheeler and CounC~mernbers GslCia, Peters, Keenan, Tunnell, Stover and York voting in favor of the motion. ~i iii ~!ii~i !~i~i~!~ 14. .. EA aNG: .... Y." ::~"::"~]~6~hsider approval of Case No. 8-1178, Chopstik Restaurant, ~!i~ii~!i!ii~i~iiiiii' zoning change request from C-S-1056 {Commercial-S-1056} to C-S.U.P. {Commercial, Special Use Permit} to allow for a Chinese restaurant located in Suite 112 of the Braewood Shopping Center located at 150 S. Denton Tap Road. CM08082000 Page 7 of 14 Presentation: Marcie Diamond, Assistant Director of Planning and Community Services, made a presentation to Council. Charles J. Mclntosh, applicant, answered questions from Council. Public Hearing: Mayor Sheehan opened the Public Hearing on Item 14 and advised that no one had signed up to speak at the Public Hearing and that the applicant was present to answer any questions. Issues Discussed: There was discussion regarding possible hours of o Sundays. Action: <i~;,. I!. approve 1056 (Commercial-S-1056) to C-S.U.P. (Comme~ial, S Use Permit) to allow for a Chinese restaurant located in Suite 112 o: Braewood Sh, dng Center locafed at 150 S. Denton Tap Road following ~ns: Floor Ply, Site PI~ ~d Sign Plan sh~l be attached to ~e ordinance. The hours of operation shall be limited to: Monday- Friday 11:00 a.m. to 2:00 p.m. 5:00 p.m. to 9:00 p.m. Saturday 11:30 a.m. to 9:00 p.m. Sunday 11:30 a.m. to 9:00 p.m. 3. The s~es ~d se~ice of ~coholic beverages sh~l not be permitted within this restaurat. Councilmember Keen~ seconded the motion; the motion carried 7-0 with Mayor Pro Tern Wheeler and Councilmembers Garcia, Peters, Keenan, ~nnell, Stover and York voting in favor of ~e motion. CM08082000 Page 8 of 14 15. PUBLIC HEARING: Consider approval of the Carter Addition, Phase II, Replat of Lots I and 2~ to allow the development of two single-family homes on approximately 7.96 acres of property located at the southwest corner of Carter Drive and Moore Road. Presentation: Marcie Diamond, Assistant Director of Planning and Community Services, made a presentation to Council. Mayor Shechart opened the Public Hearing on Item 15 and advised that no one had signed up to speak at the Public Hearing and that the applicant was present to answer any questions. Issues Discussed: There was discussion re TXU easement requirements. Action: developmen~.of twO .'single-family homes ~:an approximately 7.96 acres of property located at the southwest corner of Carter Drive and Moore Road with the following condition: 1. TXU easements must be shown on the replat. Councilmember Garcia seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Keenan, Tunnell, Stover and York voting in favor of the motion. 16. PUBLIC HEARING: Consider approval of the Town Center Business Park, Site Plan and Replat~ to allow the development of an office building on approximately 1.398 acres of property located along the south side of Parkway Boulevard, approximately 200 feet west of Heartz Road. CM08082000 Page 9 of 14 Presentation: Marcie Diamond, Assistant Director of Planning and Community Services, made a presentation to Council. Public Hearing: Mayor Sheehan opened the Public Hearing on Item 16 and advised that no one had signed up to speak at the Public Hearing and that the applicant was present to answer any questions. Action: Councilmember Tunnell moved to close the Public Hearing and approve the Town Center Business Park, Site Plan and Replat, to allow the development of an office building on approximately 1.398 acres of property located along the south side of Parkway Boulevard, approximately 200 feet west of Heartz Road subject to approval of the Town Center Architectural Rev~ Committee. Mayor Pro Tem Wheeler ,; ~c~!~.:~ ~ ,...~_ , and York voting xn favor of the motion. ,iii! 17. Consider approval of the Copp.ell Fire Station No. 2, Site Plan arnendmevlt.., to allow for .the placement of a fuel tank with a i!!!~i!!!iii)ii!i~iI:!! seven-foot high brick screening wall on approximately 1.51 ~i~!,ii:!' acres of property located at 366 S. MacArthur Blvd. iiiii!iiiiii!iiii~iii~, r to Council. Councilmember York moved to approve the Coppell Fire Station No. 2, Site Plan amendment, to allow for the placement of a fuel tank with a seven-foot high brick screening wall on approximately 1.51 acres of property located at 366 S. MacArthur Blvd. Councilmember Garcia seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Keenan, Tunnell, Stover and York voting in favor of the motion. CM08082000 Page 10 of 14 18. Consider approval of an Ordinance for Case No. ZC-604 {CH} zoning change from MF-2 {Multi Family-2} to PD-MF~2 {Planned Development, MF-2) on approximately 3.6 acres of property located along the west side of Harris Street, north of Bethel School Road, and authorizing the Mayor to sign. Presentation: Marcie Diamond, Assistant Director of Planning and Community Services, made a presentation to Council. Action: Councilmember Peters moved to approve C for Case No. ZC-604 (CH) zoning change from MF-2 (Multi Family-2) to PD- MF-2 (Planned Development, MF-2) on approximately 3.6 acres of property located along the west side of Harris Street, north of Bethel School Road, and authorizing the ~Mayor t~gn. Keenan voting in favor of the motion and Councilmembe9 TunneE against the motion. 19. Consider approval of a contract between the City of Coppell and the C0pp,e!l"Recreation :!='~..elo~ment Corporation (CRDC} to permit C~C' to construct Ph'ase II of Wagon Wheel Park, funding said improvements from funds available in the Enterprise Fund to be reimbursed by the CRDC, and authorizing the City Manager to sign. Presentation: Jim Witt, City Manager, made a presentation to Council. i~ues Discussed: There was discussion regarding the interest rate that would be charged to CRDC. CM08082000 Page 11 of 14 Action: Councilmember York moved to approve a contract between the City of Coppell and the Coppell Recreation Development Corporation (CRDC) to permit CRDC to construct Phase II of Wagon Wheel Park, funding said improvements from funds available in the Enterprise Fund to be reimbursed by the CRDC, and authorizing the City Manager to sign. Councilmember Garcia seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Keenan, Tunnell, Stover and York voting in favor of the motion. 20. Consider approval of a Resolution supporting the effO.~,s of the Dallas 2012 Committee to secure the 2012 Summ~"0iympics for the Dallas/Fort Worth Metroplex, a~h0rizing the Mayor to sign. ~ii!iii!iii~!~ · Presentation: Councilmember Garcia made : arcla moved No. 2000-0808.1 supporting the efforts of the Dalla.s.. 2012 ~mmittee to secure the 2012 Summer Olympics for the Dallas/"~O!~t W0~ Metroplex, and authorizing the Mayor tO :.S!~':i Councilmembe~"'Peters seconded the motion; the motion carried 7-0 with M~yor Pro Tem Wheeler and Councilmembers Garcia, Peters, Keenan, ell, Stover and York voting in favor of the motion. 21. Necessary action resulting from Work Session. TPiere was no action necessary under this item. 22. City Manager's Report. A. Air Quality Report. A. City Manager Jim Witt reported on the steps that are being taken at City Hall in deference to air quality. CM08082000 Page 12 of 14 23. Mayor and Council Reports. A. Report by Mayor Sheehan and Councilmember York regarding National Night Out. B. Report by Mayor Sheehan and Councilmember York regarding New Teacher Breakfast. C. Report by Mayor Sheehan regarding Metroplex Mayors' Association. D. Report by Councilmember York regarding the Annual Police/Fire Softball Game. E. Report by Councilmember York regarding the High School Activities. A. Mayor Sheehan thanked the City Police and Fire Departments and Police Officer Mary Seck for thc success of National Night Out. Councilmember York complimented Police Officer Seck and the Citizens Police Academy on the success of National Night Out. B. Mayor Sheehan reminded ~veryone.'.:of the New Teacher Breakfast on August 9th, at 7:30 a.~ Coppe!l'..Mxddle School .North. c. Mayor Sheehan commented on the Metroplex Mayors Association mccting she attended on August 8th on the ticregulation of utilities. D. Councilmember York spoke about the great success of the annual Police/Fire Softball game .held. Sunday, August 6th which was won by the .Fire Department. ~0uncilmember York also thanked Police 0fficer~'M~'~eck for:/['~ll the hard work she did on the event and the Boy ScoUtS for all' of their hard work on cooking the hot dogs for everyone. Councilmember Stover complimented Tom Sawyer and the Citizens Police Academy on the idea of the trophy for the event. E. Councilmember York discussed upcoming activities for Coppell High School and reminded everyone to be careful about the safety of the children going back to school. Councilmember Stover mentioned that the Coppell High School looks very impressive. Mayor Sheehan announced that the Coppell High School Cheerleader Bingo dinner is at 6:00 p.m., not 6:30 as stated on the signs around town. 24. Necessary Action Resulting from Executive Session. There was no action necessary under this item. CM08082000 Page 13 of 14 There being no further business to come before the City Council, the meeting was adjourned, Candy Sheehan, Mayor ATTEST: CM08082000 Page 14 of 14 MINUTES OF AUGUST 1S, 2000 The City Council of the City of Coppell met in Special Called Emergency Session on Tuesday, August 15, 2000, at 11:45 a.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Candy Sheehan, Mayor Larry Wheeler, Mayor Pro Tem Jayne Peters, Councilmember Pat Keenan, Councilmember Marsha Tunnell, Councilmember Bill York, Councilmember Councilmembers Garcia and Stover were absent from the meeting. Also present were City Manager Jim Witt ~i~ii!City Secretary Libby Bail. SPECIAL SESSION ...... i~!,~,~.~.: (Open:to the Public) Mayor Sheehan called the meeting to orderlj'~i ...... 2. Consider declaring. ah::ii'~:~::::Emergency State and implementing Phase' II o£ the Daily Water Consention Plan as set out in Chapter 3, Beetion 3-1-12 (B) of the Code of Ordinances of the City of Coppell. Presentations: ..... Jim Witt, City Manager, and Ken Griffin, Director of Engineering and Public Works, made presentations to Council. Action: Councilmember York moved to approve Resolution No. 2000-0815.1 declaring an Emergency State and implementing Phase II of the Daily Water Conservation Plan as set out in Chapter 3, Section 3-1-12 (B) of CM08152000 Page 1 of 2 the Code of Ordinances of the City of Coppell, effective immediately. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Wheeler and Councilmembers Peters, Keenan, Tunnell and York voting in favor of the motion. There being no further business to come before the City Council, the meeting was adjourned. Candy Sheehan, Mayor .ii::i :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .... .::::!!:!:i:i:i:~5:ff:5:i:i:i:i:!:!i:!:!:!:!:i: :~:~:::::::::::::::: Libby City Ball, Secretary ::i::i:::::i::ii~.i! .... :ii:::: "' CM08152000 Page 2 of 2 · ~ e ~ 4~ CITYs ~ MEETING: August 22, 2000 ITEM # ITEM CAPTION: Consider approval of Professional Services Contract to Phillips Swager Associates in the amount of $65,100.00 for architectural services associated with the Court expansion project; and authorizing the City Manager to sign. SUBMITTED BY: Sheri Moino TITLE: Facilities Manager STAFF COMMENTS: Staff recommends approval. BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: Funding for this contract is available in the Police/Courts CIP Fund DIR. INITIALS: I~ FIN. REVIEW:/~ CITY MANAGER REVIEW: ~. Agenda Request Form - Revised 5/00 Document Name: #court Abbreviated Standard Form of Agreement Between Owner and Architect AIA Document B151 - 1997 1997 Edition -Electronic Format This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D40 t. This document has been approved and endorsed by the American Subcontractors Association and the Associated Specialty Contractors, Inc. Copyright 1974, 1978, 1987, ©1997 by The American Institute of Architects. Reproduction of the material heroin or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will sob. ject the violator to legal prosecution. AGREEMENT made as of the __ day of August in the year Two Thousand (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) The City of Coppell 255 Parkway Blvd. P.O. Box 478 Coppell, Texas 75019 and the Architect: (Name, address and other information) Phillips Swager Associates 7557 Rambler Road, Suite 670 Dallas, Texas 75231 For the following Project: (Include detailed description of Project, location and address) Expansion and renovation of the Coppell Justice Center for the Municipal Court. The expansion will consist of approximately 820 sf of office area and a new covered patio to replace the existing to be removed for the expansion. The renovation will consist of approximately 1700 sf in the court clerks area and the existing office areas. A new exterior door will be added to the courtroom on the north elevation. (See proposed plan Attachment B - Renovation Option B.) The Owner and Architect agree as follows. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12. 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. AIA DOCUMENT B 151-ABBREVIATED OWNER-ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unl icensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecotion. This document was electronically produced with permission of the A1A and can be reproduced without violation until the date of expiration as noted below. Electronic Format B 151 - 1997 User Document: B 151 -~ 8/10/2000. AIA License Number 102426, which expires on 9/6/2000 -- Page #1 1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project. 1.4 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The ^.~h;f,~o, ohm, pre'.'ide-a Fre!iminzry eva!uaticn-~ the c~ ...... , .......... h~a,d,- ~.a .... f ....~;~"' bud"el 2.2.3 The A ~nh;f~pt ph.~ll ~G~rit~ ..... ,;th th,~. F~ ....~t- nlt~rr~at;w~ ,~nnrt-.ar.h~e t~ rl~e; .... rl nr, notrt,ntit~n ~t:'th,~ 2.2.4 Based on the mutually a~reed-upon program, schedule and construction budget requirements, the Architect shah prepare, rot approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship or Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate or Construction Cost based on current area, volume or similar conceptual estimating techniques. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and an~ adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, rot approval by the Owner, Design Development Documents consisting or drawings and other documents to fix and describe the size and character orthe Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner o~any adjustments to the preliminary estimate or Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjus~ents in the scope or qua~i~ or the ~roject or jn the construction budget authorized by the Owner, the Architect shall prepare, rot approval by the Constructio~ Documents consistin~ or Drawings and Specifications se~ing fu~h in detail the requirements rot the construction orthe Project. 2.4.2 The Archkect shah assist the ~wner in the preparation or the necessary bidding information, bidding rotins, the Conditions or the Contract, and the form oE Agreement bc~een the ~wner ~nd Contractor. 2.4.3 The Architect shah advise the ~wncr or an~ adjustments to previous prelimina~ estimates o~ Construction Cost ~nd~cated ~y chan~es in requirements or ~eneral market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibilit~ rot ~iin~ documents required rot the approva} or governmental authorities having jurisdiction owr the Project. 2.5 BIDDING OR NEGOTIATION PHASE The Architect, rollowing the Owner's approval oE the Construefort Documents and or the latest preliminary estimate Construction Cost, shah ~ssist the O~ner jn obtaining bids or negotiated proposals and assist in award~n~ and preparing contracts for construction. AIA D~CUMENT B 151 -ABB~VIATED O~ER-A~CHITECT AGrEEmENT - ] ~7 EDITI~ - AIA - ~OPY~HT 1997 - T~ AME~CAN INSTITUTE OF ARCHITECTS, 1735 NEW YO~ AVENUE N.W., WASH~TON, D.C 2~006-5292. WA~N~: UnHccnscd photocopying violates U.S. copyright laws and will subject ~e violator m legal prosecution. This document w~ electronically produced ~itb permission or ffic A1A and can bc reproduced without viohtion until the date of expiration ~ noted below. Electronic Fo~at B I User Document: B 1 ~ i -- 8/1G/2000. A IA License ~umber 1~2425, which expires on 9/~/2~00 -- Page 2.6 CONSTRUCTION PHASED--ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Paragraph 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 12, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 CERTIFICATES FOR PAYMENT 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. 2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. AIA DOCUMENT B I 51-ABBREVIATED OWNER-ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B15 1-1997 User Document: B I51 -- 8/10/2000. A1A License Number 102426, which expires on 9/6/2000 -- Page #3 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.'10 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 2.6.'1 '1 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.6.'12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. 2.6.'13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. 2.6.'14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 2.6.'15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 2.ti.'16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.'17 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall AIA DOCUMENT B 151 -ABBREVIATED OWNER-ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRiGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Fortnat B 151 - 1997 User Document: B151 -- 8/10/2000. AIA License Number 102426, which expires on 9/6/2000 -- Page #4 be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Subparagraph 2.6.17, shall be subject to mediation and arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in drawings, specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directires. 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and A1A DOCUMENT B 151-ABBREVIATED OWNER-ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the A1A and can be reproduced without violation until the date of expiration as noted below. Electronic Format B 151 - 1997 User Document: B151 -- 8/10/2000. AIA License Number 102426, which expires on 9/6/2000 -- Page #5 furnishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 o ....;d; 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.7 3,4,8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. AIA DOCUMENT B 151-ABBREVIATED OWNER-ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with pennissiou of the AIA and can be reproduced without violation until tbe date of expiration as noted below. Electronic Format B 151 - 1997 User Document: B151 -- 8/10/2000. AIA License Number 102426, which expires on 9/6/2000 -- Page #6 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 40WNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 4.2 The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.5 The Owner shall furnish the services of geotechnicat engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. 4.6 The Owner shall furnish the services of consultants other than those designated in Paragraph 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.4 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. AIA DOCUMENT B I51-ABBREVIATED OWNER-ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission oflbe A[A and can be reproduced without violation until the date of expiration ~ noted below. Electronic Format B 151 - 1997 User Document: B 151 -- 8/10/2000. AIA License Number 102426, which expires on 9/6/2000 -- Page #7 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. 5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. 5.2.4 Ifa fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Paragraph 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established AIA DOCUMENT B 151 -ABBREVIATED OWNER-ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B 151 - 1997 User Document: B 151 -- 8/10/2000. A1A License Number 102426, which expires on 9/6/2000 ~- Page #8 as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Subparagraph 5.2.5. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. 6.3 Except for the licenses granted in Paragraph 6.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Paragraph 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. ARTICLE 7 DISPUTE RESOLUTION 7.1 MEDIATION 7.1.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. 7.1.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. AIA DOCUMENT B 151-ABBREVIATED OWNER-ARCHITECT AGREEMENT - 1997 EDITION - A1A - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B 151 - 1997 User Document: B 151 -- 8/10/2000. AIA License Number 102426, which expires on 9/6/2000 -- Page #9 7.'1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 7.2 ARBITRATION .................... , ....... r ...............~ agree ........... , ........................................ 7.2.4 ~ ~,h;f~f;~. arising eut~ re~ating~ ,h;~ A ......... h~U inc!ude,~ ..... ~;a~,;~.~ ;a;nda[~ ~ Agreement ~"~ ~;,.~a~ the ~ ...... A~h;,~, ~.a ~fh .... f;h, sought~ ;oined. ...... = ........... , ..........., ....~ny ~ .....persen~ ...... ~ ~ Consent 7.2.5 The ...... a ,~na~na~ the 2rbitratorg ~-~;*-~+~ sh2!!~ ~-~ ~.d ;,,a ..... f mny~ entered upon~ 7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and Owner waive consequential damages for claims, disputes or other makers in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either pa~y's termination in accordance with A~icle 8. ARTICLE 8 TERMINATION OR SUSPENSION 8.'1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. lfthe Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. 8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail AIA DOCUMENT B 151-ABBREVIATED OWNER-ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed pbotocopyingviolates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B151-1997 User Document: B 151 -- 8/10/2000. A IA License Number 102426, which expires on 9/6/2000 -- Page #10 substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. 8.15 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement shall be govemed by the law of the principal place of business of the Architect, unless otherwise provided in Article 12. 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 9.4 To the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to AIA DOCUMENT B 151-ABBREVIATED OWNER-ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B 151 - 1997 User Document: B151 -- 8/10/2000. AIA License Number 102426, which expires on 9/6/2000 -- Page #11 make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. 0.10 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Article 12; .8 other similar direct Project-related expenditures. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or AIA DOCUMENT B 151-ABBREVIATED OWNER-ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B 151 - 1997 User Document: B151 -- 8/10/2000. A IA License Number 102426, which expires on 9/6/2000 -- Page #12 negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 An Initial Payment of Zero Dollars ($ 0 ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 For Basic Services, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of cotnpensation, including stipulated sums, multiples or percentages, and ident.i~ phases to which particular methods of compensation apply, if necessary.) Lump Sum: $65,100.00 Total 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Schematic Design Phase: Ten percent ( 10 %) Design Development Phase: Eighteen percent ( 18 %) Construction Documents Phase: Thirty-Five percent ( 35 %) Bidding or Negotiation Phase: Seven percent ( 7 %) Construction Phase: Thirty percent ( 30 %) Total Basic Compensation: one hundred percent (100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES '11.3.1 For Project Representation Beyond Basic Services, as described in Paragraph 3.2, compensation shall be computed as follows: To be negotiated. 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply, tf necessary.) Principal-in-Charge/Project Manager $130.00 per hour Project Architect $ 80.00 per hour Specification Writer $ 90.00 per hour Technician/Intern $ 65.00 per hour Secretarial $ 50.00 per hour AIA DOCUMENT B 151-ABBREVIATED OWNER-ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA aod can be reproduced without violation until the date of expiration as noted below. Electronic Format B151-1997 User Document: B I51 -- 8/10/2000. AIA License Number 102426, which expires on 9/6/2000 -- Page (See Article 11.5.3) 11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of one and one tenth ( 1.10 ) times the amounts billed to the Architect for such services. (ldentt:~ specific types of consultants in Article 12, if required) 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one and one tenth ( 1.10 ) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 If the Basic Services covered by this Agreement have not been completed within eight ( 8 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 1 t.3.2. 11.5.2 Payments are due and payable thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid ninety ( 90 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions o/other services, identify Addilional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) See attachment A This Agreement entered into as of the day and year first written above. OWNER (Signature) ~ (Signatur~e)~'~ Gregory G. Schon, AIA, Vice President (Printed name and title) (Printed name and title) AIA DOCUMENT B 151-ABBREVIATED OWNER-ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B 151 - 1997 User Document: B 151 -- 8/10/2000. AIA License Number 102426, which expires on 9/6/2000 -- Page # 14 ATTACHMENT A ARTICLE 12 OTHER CONDITIONS OR SERVICES 12.1 Effective October 1, 1995, the Texas Department of Licensing and Regulation is requiring review of all buildings defined as "public accommodation" by Section 301 (7) of the Americans with Disabilities Act (ADA). Review of the construction documents are subject to the following fees: Plan Reviews $380 per project Inspections $400 each Variance Request $100 each Those Charges for the Texas Department of Licensing and Regulation review and any other TDLR fees will be compensated per Article 10.2. 12.2 The Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, Suite 107, Austin, Texas 78758, telephone (512)458-1363, has jurisdiction over individuals licensed under the Architect's Registration Law, Texas Civil Statutes, Article 249a. 12.3 The Owner acknowledges that the Architect is a corporation and agrees that any claim made by the Owner arising out of any act or omission of any director, officer or employee of the Architect, in the execution or performance of this Agreement, shall be made against the Architect and not against such director, officer or employee. 12.4 The Owner acknowledges the Architect's construction documents as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the owner upon completion of the work and payment in full of all monies due to the Architect. The Owner agrees, to the fullest extent permitted by law, to indemnify and hold the Architect harmless from any claim, liability or cost (including reasonable attorneys' fees and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of the construction documents by the Owner or any person or entity that acquires or obtains the plans and specifications from or through the Owner without the written authorization of the Architect. 12.5 In recognition of the relative risks and benefits of the project to both the Owner and Architect, the risks have been allocated such that the Owner agrees, to the fullest extent permitted by law, to limit the liability of the Architect and his or her subconsultants to the Owner and to all construction contractors and subcontractors on the project for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of the Architect and his or her subconsultants to all those named shall not exceed the Architect's total fee for services received on this project, or $100,000.00, whichever is greater. Such claims and causes include, but are not limited to negligence, professional errors or omissions, strict liability, breach of contract or warranty. X :\ADM1N\CONTRACTXArticle l 2.wpd ARTICLE 12 (cont.) 12.6 Soil Supported Slabs vs. Structurally Suspended Slabs - A Brief Description of Systems and a Discussion of Associated Risks A. Soil Supported Slabs (generally referred to as Slabs-on-Grade): Soil supported slabs generally consist of a relatively thin reinforced concrete slab cast directly on soil. The soil is generally improved to reduce the potential for ground movement. Soil improvement (generally referred to as sub-grade treatment or sub-grade preparation) may consist of a number of techniques including, but not limited to, moisture conditioning of the existing soils, over-excavation, replacement and re-compaction, and importing and placing select fill. It is common to use combinations of these techniques. The Geotechnical Engineer includes written recommendations for soil improvement in the Geotechnical Investigation Report. Generally, a soil-supported slab is the least expensive option for ground floor construction. However, this system also carries the most risk for post construction movement. All soil- supported slabs are subject to movement. The Owner should understand and expect that movement will occur. At this site, the native soils are expansive clays and heave upward during wet, rainy seasons, and contract or settle during dry spells. Correspondingly, slab movement could be either upward or downward. Some portions of the slab will tend to reach equilibrium, or a point at which they no longer move. However, other portions of the slab will continue to move with each seasonal change, throughout the life of the building. Statements of potential vertical rise (PVR) are estimates. Soils are rarely homogenous materials of uniform depth with consistent moisture conditions. Therefore, the geotechnical engineer must balance the results of sampling, testing and engineering calculations, with experience and judgment to determine the potential for vertical rise. Statements of PVR are estimates that can be exceeded. They are intended as a guide or a reference point, and not an absolute maximum. Soil supported slabs are entirely dependent on the soil conditions and will move with the soil. Slab design has no influence on the magnitude of movement. Potential movement can only be minimized (not eliminated) by sub-grade preparation techniques. Many Owners are willing to accept the potential risk of slab movement and benefit from the lower initial construction costs. However, any slab movement (even a small fraction of an inch) has the potential to crack finish materials on floors, wall and even ceilings. In addition, the movement will not be uniform. Consequently, floors may not be level. The Owner of this project should consider the acceptability of these risks. Additional consideration should be given to the areas of the building with special requirements (i.e. rooms with super clean environments, sensitive equipment, or concentrated use by disabled individuals). Some Owners consider the cracks in finish materials and the non-level floors to be aesthetically and/or functionally unacceptable. Other Owners find the continual repair of finish materials to be an unacceptable expense. X :XADMIN\CONTRACTL~rticle 12 .wpd ARTICLE 12 (cont.) B. Structurally Suspended Floors: The alternative to a soil supported ground floor slab is a structurally suspended floor. Several types of suspended floor systems are common. They include both structural steel flames and concrete frames. Some systems utilize a crawl space below the floor and others are cast on biodegradable void forms. They all have one thing in common. They are isolated from the expansive soils. The risk of post construction movement in this system is diminished. However, the reduction of risk comes at a price. Structuratly suspended floor systems generally add several dollars per square foot (of suspended floor area) to the initial construction cost. At vehicular, storage or equipment areas, these additional costs may be substantially higher due to the heavier loading conditions. As stated above, most Owners elect to minimize the initial construction costs and accept the risk of slab movement. C. Selection of a System: The selection of a floor system is a decision involving the balancing of acceptable levels of risks, cost of construction, cost of maintenance, and potential benefits. It's the Owner's responsibility to make the decision as to the correct blend of these factors for this project. X:XADMIN\CONTRACT~ArticleI2.wpd ATTACHMENT T H r . C I T Y · 0 F COFFELL AGENDA REQUEST FORM CITY COUNCIl, MEETING: August 22, 2000 ITEM # ITEM CAPTION: Consider approval of a contract for the installation of lighting at three middle school tennis facilities to Groves Electric in the amount of $69,190.00, and authorizing the City Manager to sign. SUBMITTED BY: Gary Sims TITLE: Director of Parks and Leisure Services STAFF COMMENTS: On July 31, 2000, bids were received for the installation of lighting at a total of six courts at the three middle school locations. There was one bid received from Groves Electrical Services, Inc. for a total amount of $69,190.00. The city has worked with Groves in the past and the bid amount is within the estimated construction cost to perform this work. It is, therefore, recommended that this contract be awarded to Groves Electrical Services, Inc. in the amount of $69,190.00. BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: Funds are available fro~ the Park Bevelopment Fees collected. ~ "' ~i \ '. Din. INITIALS.~-~,LcrgN. REVIEW: ~ CITY MANAGER REVlE Ar~qrl~ D~nn,~et ~'nrm_ ~o~rieprl 9/QQ F'lnr~mpnt~.Tamla. TENNIS COURT LIGHTING BID Q-0700--02 T H E C I T Y O F COYYELL DATE: ,~T',~ y ~/-~a'~ o To: Purchasing Agent City of Coppell 255 Parkway Boulevard P.O. Box 478 Coppell, Texas 75019 In making the attached offer, the undersigned, as an independent Contractor, agrees to provide services according to the following attached specifications.. BID: Q-0700-02 TENNIS COURT LIGHTING SIGNATURE: '~'~" TENNIS COURT LIGHTING BID Q-0700-02 BID AFFIDAVIT The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all commodities upon which pdces are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation To Bid. The period of acceptance of this bid will be calendar daysJmm the date of the bid opening. (Period of acceptance will be ninety (90) calendar days unless otherwise indicated by Bidder.) STATE OF '7'e'~<~q .~ COUNTY OF Z) 4z-~ ,'l BEFORE ME, the undersigned authority. a Notary Public in and for the State of. 7'1( , on this day personally appeared~q~,~ who after being by me duly sworn, did depose and say: "l, /,2~,~ ~' am a duly authorized officedagent for (~.~w~ ~-"~,e,c~'t~,~-./'~tu/~/[,N~, and have been duly authorized to execute the foregoing on behalf of the said ~A~e_~ 5 e~u ~t I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business pdor to the official opening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the pdce of services/commodities bid on, or to influence any individual(s) to bid or not to bid thereon." Name and address of Bidder: ~r~,,~ ~,~,c.-7,,~e~ .,Pa, ial/~.~/ Telephone: (~'TZ) Uq'(, ,F'M7 by: Xg~-P--- c~- ~r,.~'~,.5 Title: ~ ~r~, D ~, ~ Signature; SUBSCRIBED AND SWORN to before me by the above named on this the :~ ( day of ~I'~-, ,~ 7' 2000. Charles L VandeZande NOTARy PUSUC State of Texas TENNIS coURT UGHTING BID Q-0700-82 BID NO.Q-0700.-02 INSURANCE REQUIREMENT AFFIDAVIT TO BE COMPLETED BY APPROPRIATE INSURANCE AGENT '.' :L: ,..: I, the undersigned agent, cedify that 1he insurance requirements ,contained jn this bid document have been reviewed by me with the below identified bidder. If the below ..-,:. ideni:i~ed bidder is awarded this contract by City el~ Coppell, I will be able, within ten (10) days after bidder is notified of such award, to furnish a valid insurance certificate to the'-.. * ,.I/Lf~S J. BOLTTELL ...... <7-(:'nature) Agent (Print) UTHWEST ' · Name of Insurance Carrier 8111 LBJ FREEWAY~..SUITE 875 Address of DA.LI~, TX 75251 City/State (972) 231-8277 Phone Number Where Agent May Be Contacted GROVES ELECTRICAL SERVICE, INC. B!dder's Name (Print or Type) SUBSCRIBED AND SWORN to before me by the above named on this the 78 day of Jb%Y . . ,2000 ~~ Notary Public in and for the _ _...%s te NOTE TO AGENT: tf this time requirement is not met. the City reserves the right to declare this bidder non- responsible'and award the contract to the next lowest bidder meeting the specifications. If you have any questions concerning these requirements, please contact the Purchasing Agent at (972) 304-3643_ BID Q-0700-02 Coppell, Texas a corporation organized and existing under the laws of the state of a partnership consisting of business name of ' , an individual. TO: Mr. Jim Ragsdill BID FOR: TENNIS COURT LIGHTING Purchasing Agent Coppell, Texas 75019 255 Parkway Blvd. Coppell, Texas 75019 The undersigned Bidder, pursuant to the foregoing Advertisement for Bids, has carefully examined the instruction to Bidders, this Proposal, the Supplementary Conditions, the Specifications, the Plans, and also the site of the work, and will provide all necessary labor, superintendence, machinery, equipment, tools, materials, services and other facilities to complete fully all the work as provided in the Contract Documents; and binds himself upon formal acceptance of his proposal to execute a contract and bonds, according to the prescribed forms, for the following pdces, to wit: UNIT PRICE EST. LABOR UNIT PRICE TOTAL ITEM QNTY DESCRIPTION MATERIAL PRICE 1 1 JOB TENNIS COURT LIGHTING. (written)ft~k, BASE BID: ,~-t The undersigned bidder agrees to begin work within (10) days after date of wdtten noUce to do so and substantially complete the work within I.., ~ calendar days. The notice to begin shall not be given until the Contract has been executed. TENNIS COURT LIGHTING BID Q-0700-02 CORPORATE ACKNOWLEDGMENT THE STATE OF "T'~,~' ~ ~ COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally ap eared: ' (Print Name) (Print Title) of <<Contractors>, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said <<Contractor>~, a corporation, that he was duly authorized to perform the same by appropriate resolution of the board of directors of such corporation and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ~J {. dayof ,,.T~-y' ,A.D.,200__ (~::)[/f,~2,~/~ry Public In and F County, THE STATE OF TEXAS COUNTY OF'D~S · BEFORE ME, the under'signed authority, a Notary Pubtic in and for said County and State, on this day personally appeared the undersigned, City Manager of the City of Coppall, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and:acknowledged to me that the same was the act of the said City of Coppall, Texas, a municipal corporation, that she was du[y authorized to perform the same by appropriate resolution of the City Council of the City of Coppall and that she executed the same as the act of the said City for purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the. 3 [ day of a~t~t,.,f, , A.D., 200~___ Notary Public In and For the State of Texas My Commission expires: 0 0 0 0 0 0 ~ ~ o o o o o o o 0 0 0 0 0 0 0 (D o mE E u E o .~ = mE 1210 ~ ~ ~ ~ ~ ~ ~0 ~ 0 ~ ~ ~ ~ ~ [ 0 ~ ~ oE 0 0 0 0 0 0 0 0 0 0 O 0 ~ ~ o o o o o o o o o o o o o O O O O O O O O O O O O O ~ ~ : o : w ~ E E E E ~ E ~ ~ E --- '~ '~ '~ '~ ~ '~ O '~ 0 c c ='c ~o c ~ e~ Z Z Z o · · ~.- -~ u~ ~0 ~ ~ o mc w~ o w '5 o o o ~ a m c c c a c w _ a Ea -- m m E~ c ~ ~ c ' ~ 0 · ~ = E '~ e ~ -- = o a ~ ~< _ ._ ~ a~ o o m .- '= mn E co> ~ c~ o ~ ~ u u e " ~ ' ~ '- ~ ~ := ~ z m ~ E ~.B o= ~ ~ ~5 0 ~ z 8~m 0 ~ ~ 0 ~ =~ ~ --- '- c3 m ~ c3 o a~ 5 e m_ --- 0 ~ -- Em o ~ w 0 I 0 m ~ eO eO CD C::) O C:} · r- '~' 0 'r_ '~ o -- n n zO n d d -= d 0 ~ o a~ .~ ..- -- E~ e o ~ 0 co LL~_ ,_ 0 -'=- '-- " 0 0 'u [L(D ~- o-- .,=, ~) co o .-=._.~n O_ cu o {9 ~c ., .- ,- 0 r~ 00 ~D (D (D o o o o CD 'F~ 'F_ 'M '~ o (D q) ¢D Q) 0 0 0 0 C",,I BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 KNOW ALL MEN BY THESE PRESENTS, That we, GROVES ELECTRICAL SERVICE, INC., as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF COPPELL,as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID --Dollars ($5%GAB--), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally firmly by these presents. WHEREAS, the Principal has submitted a bid for TENNIS COURT LIGHTING-COPPELL MIDDLE SCHOOL NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee, in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and matedal furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, othe.~se to remain in full force and effect. Signed and sealed this 31st day of July, 2000. GROVES ELECTRICAL SERVICE, INC. (Principal) (Seal) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA · ,,.~ By PAULINE L. LESCH, Attorney-in-Fact Printed in cooperation with the American Insljtute of Architects (AIA) by Travelers Casualty and Surety Company of Amedca. The language in this document conforms exactly to the language used in AIA Document A310, February 1970 edition. S-1869-G (07-97) IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, fights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. ' TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Naperville, Illinois 60563-8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF A_~IERICA, TRAVELERS CASUALTY AND SURETY CO~IPANY and FAR~MINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Napcrville, County of DuPagc, State of Illinois, (hcreinaftcr the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Pauline L. Lesch, Clem F. Lesch, Gary Matula, Stcvcn J. Zinecker or Beverly Webb * * of Lewisvi!le, TX, their true and lawful Attorney(s)-in-Fact, ~vith full power and authority hereby conferred to sign, execute and acknowledge, at any place within the Urdtcd States, or, if the following line be filled in, within the area there designated the following instrument(s): by his/her sole signature and act, any and all bonds, rccognAzances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorncy(s)-in-Fact, pursuant to the authority hcrein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Cfrporate Secretat] or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company' s name and seal with the Company' s seal bends, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the offtee of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President,. any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed x~ith the Company' s seal by a Secretary or Assistant Secretary., or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (8-97) CITY8 . COUNCIL MEETING: August 22, 2000 ITEM # ITEM CAPTION: Consider approval of an Interim Public Right-of-Way Use Agreement between the City of Coppell, TXU Communications Telecom Services Company d/b/a TXU Communications, a certificated telecommunications provider, and authorizing the City Manager to sign. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: tj t ~ DIR. INITIALS: FIN. REVIEW: ,:~,k/ CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: !TXU INTERIM PUBLIC RIGHT-OF-WAY USE AGREEMENT BETWEEN THE CITY OF COPPELL, TXU COMMUNICATIONS TELECOM SERVICES COMPANY d/b/a TXU COMMUNICATIONS, A CERTIFICATED TELECOMMUNICATIONS PROVIDER This Public Right-of-Way Use Agreement ("Agreement") is hereby made and entered into by and between the City of Coppell ("City"), a home rule municipal corporation organized under the laws of the State of Texas, and acting by and through its City Manager, its duly authorized agent and TXU Communications Telecom Services Company, a Texas Corporation, d/b/a TXU Communications ("Company"), acting by and through its authorized representative. The following statements are true and correct and constitute the basis of this Agreement: A. Company is a Certificated Telecommunications Provider CCTP"). A copy of Company's certificate of convenience and necessity, certificate of operating authority or service provider certificate of operating authority is attached hereto as Exhibit "A" and hereby made a part of this Agreement for all purposes. B. In accordance with Chapter 283 of the Loc. Gov't. Code, a CTP is entitled to construct conduit, cable, switches and related appurtenances and facilities and excavate within the Public Rights-of-Way in order to provide telecommunications services other than Cable Services. Company wishes to excavate in the Public Rights-of-Way in order to provide telecommunications services other than Cable Services in the City. C. In accordance with Chapter 283 of the Loc. Gov't. Code, a municipality may exercise police power-based regulations in the management of the use of its Public Rights-of- Way by a CTP in order to protect the health, safety and welfare of the public. The City wishes to set forth reasonable regulations and requirements in this Agreement for the use of the Public Rights-of-Way by Company and Company is willing to abide by such regulations. 1. DEFINITIONS Capitalized terms used in this Agreement and not otherwise defined within this Agreement shall have the following meanings: Access Line shall mean, unless the PUC adopts a different definition pursuant to Section 283.003 of the Texas Local Government Code, the same as in Local Government Code, Chapter 283. Act shall mean the Federal Communications Act of 1934, as amended by the Telecommunications Act of 1996. Affiliate shall mean any individual, partnership, association, joint stock company limited liability company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with, the entity in question. 1 35130 Cable Services shall mean the same as it is defined in the Federal Communications Act of 1934, as amended by the Telecommunications Act of 1996. Cable Television System shall mean the same as it is defined in the Federal Communications Act of 1934, as amended by the Telecommunications Act of 1996. Certificated Telecommunications Provider shall mean the same as it is defined in the Local Government Code, Chapter 283. Company shall mean TXU Communications Telecom Services Company d/b/a TXU Communications City shall mean the area within the corporate limits of the City of Coppell, Texas. Director shall mean the Director of the City's Engineering Services Department or authorized representative. Facilities shall mean all facilities placed in, on, under or above the Public Right-of-Way by or on behalf of Company, including, but not limited to, duct spaces, manholes, poles, conduit, underground and overhead passageways, and other equipment, structures and appurtenances and all associated physical devices in the Public Rights-of-Way used by Company for purposes other than the provision of Cable Services. FCC shall mean the Federal Communications Commission. Person shall mean an individual, a corporation, a limited liability company, a general or limited partnership, a sole proprietorship, a joint venture, a business trust or any other form of business entity or association. Public Rights-of-Way shall mean the same as it is defined in the Local Government Code, Chapter 283. PUC shall man the Public Utility Commission of Texas. Open Video System shall mean the same as it is defined in Title 47, Code of Federal Regulations, Section 76.1500. 2. PERMIT Company shall not initiate or have initiated any kind of construction, installation, maintenance, repairs or other work that requires the excavation, lane closure, or other physical use of the Public Rights-of-Way unless company first obtains a respective permit ("Permit") from the Director. The City will provide the Permit to Company free of charge following (i) full compliance with the prerequisites set forth in Section 3 of this Agreement and (ii) the Director's review of Company' s Permit application within a reasonable time following its submission to the Director. 2 35130 3. PREREQUISITES TO ISSUANCE OF CONSTRUCTION PERMIT 3.1 Registration. In order for the City to know which CTPs own Facilities in the City's Public Rights-of-Way, Company shall register with the City Manager and provide the following information at a minimum: (i) Company's name and (ii) the current name, address, and telephone number(s) of a contact employed by and with binding and decision-making authority for the Company and who is available twenty-four (24) hours per day. Company shall update and keep current its registration with the City at all times. 3.2 Application. Company shall submit an application for a Permit, including plan documents, to the Director at least ten (10) working days prior to the commencement of the respective use of the Public Rights-of-Way except (i) where waived by the Director in writing or (ii) in the event of an emergency response related to an existing Facility owned by Company. The Permit application shall include the following information at a minimum: (i) the name of Company; (ii) the current name, address and telephone number(s) of a contact employed by and with binding and decision-making authority for the Company and who is available twenty-four (24) hours per day; (iii) the name, address and telephone number(s) of any contractor or subcontractor that will be performing work in, on or above the Public Rights-of-Way; (iv) the proposed location of any construction and route of all Facilities that Company intends to install in, on, or above the Public Rights-of- Way; (v) the construction and/or installation methods that Company intends to employ in order to protect existing structures, fixtures and facilities within or adjacent to the portions of the Public Rights-of-Way that will be affected by Company's respective project; (vi) the dates and times that Company wishes to use the Public Rights-of-Way; (vii) shall submit detailed engineering drawings to scale, no larger than 24" x 36" which depicts the Right of Way width, street width and the location of the water, sanitary sewer and storm drainage systems currently located in such Right-of-Way; and (viii) proof of insurance and bonding requirements as required by applicable City Ordinances. Upon completion of construction, Company shall provide the Director copies of the "as built" documents for each installation in the Rights-of-Way. 3.3 Executed Public Right-of-Way Use Agreement. Company shall provide the Director with a fully executed copy of this Agreement upon submission of Company 's Permit application. 3.4 Compliance With All City Ordinances. Company agrees to comply with all City Ordinances on construction in the Public Rights-of-Way, and such ordinances the Company acknowledges it has either reviewed or had an opportunity to review. 3 35130 4. MUNICIPALITIES 4.1 Sunset. Company shall pay the City a quarterly fee calculated monthly and based upon the Access Line rates for the City adopted by the PUC in accordance with Section 283.055 of the Texas Local Government Code. 4.2 When Due. Company shall pay the Fee on a calendar quarterly basis to the City at the address provided in Section 7 of this Agreement. The Fee shall be due within forty-five (45) days following the last day of each quarter. 5. TERM This Agreement shall become effective on the date of its execution ("Effective Date"), and shall terminate upon the effectiveness of a City ordinance governing the use of the Public Rights-of-Way by CTPs and other public utilities. 6. CABLE SERVICES AND OPEN VIDEO SYSTEMS PROHIBITED Unless otherwise specifically allowed by law, Company shall not provide Cable Service or an Open Video System through its Facilities or initiate construction of a Cable System or Open Video System in the Public Rights-of-Way without a franchise awarded by the City in accordance with the Act. 7. NOTICES Any notices required pursuant to the provisions of this Agreement or provided by the City or Company to the other shall be (i) hand-delivered to the other party or (ii) mailed through the United States Postal Service, postage paid, certified mail, return receipt requested, addressed as follows: TO THE CITY: WITH A COPY TO: Jim Witt, City Manager Robert E. Hager, City Attorney City of Coppell NICHOLS, JACKSON, DILLARD, P.O. Box 478 HAGER &SMITH, LLP 255 Parkway Boulevard 1800 Lincoln Plaza Coppell, Texas 75019 500 N. Akard Dallas, Texas 75201 4 35130 TO COMPANY: WITH A COPY TO: Kenneth R. Whitton Keith E. Gamel Vice President Naman, Howell, Smith & Lee TXU Communications Telecom 221 West 6th Street Services Company Suite #1900 321 North First Street Austin, Texas 78726 Lufkin, Texas 75901 8. COMPLIANCE WITH LAWS Company agrees to comply with all federal, state and local laws; all ordinances, rules and regulations of the City, and all rules and regulations established by the Director in order to protect the public health, safety and welfare. 9. NO WAIVER The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any rights that the City may have, either under this Agreement or the law, shall not constitute a waiver of the City's rights to insist upon appropriate performance or to assert any such fight on any future occasion. 10. GOVERNING LAW AND VENUE This Agreement shall be construed pursuant to and in accordance with the laws of the United States of America and the State of Texas. If any action, whether real or asserted, at law or in equity, arises out of the terms of this Agreement, venue for such action shall lie exclusively in state court located in Dallas County, Texas, or the United States District court for the Northern District of Texas, Dallas Division, unless otherwise provided by law. 11. CONFERENCES At the request of either the City or Company, the City and Company shall meet at reasonable times and upon reasonable notice to discuss any aspect of this Agreement or Company 's use of the Public Rights-of-Way. 12. SEVERABILITY If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final order entered by a court of competent jurisdiction, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement, a court order shall be final only to the extent that all available legal rights and remedies pertaining to such order, including, without limitation, all available appeals, have been exhausted. 5 35130 13. HEADINGS NOT CONTROLLING Headings and titles that are used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 14. ENTIRETY OF AGREEMENT This Agreement contains the entire understanding and agreement between the City and the Company as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the terms and conditions of this Agreement. This Agreement shall not be amended unless agreed to in writing by both parties. CITY OF COPPELL, TEXAS TXU COMMUNICATIONS TELECOM SERVICES COMPANY d/b/a TXU COMUNICATIONS By: Jim Witt BX~n'. Kenneth R~ City Manager Title: Vice President ATTEST: By: Libby Ball, City Secretary APPROV AS O RM: APPROVED AS TO FORM: By: Robert E. ity Attorney By: Keith E. Gamel, Attorney 6 35130 RIGHT-OF-WAY USER REGISTRATION I. Company Name (User): TXU Communications Telecom Services Company Address: 321 North First Street, Lufkin, Texas 75901 Phone #: (936) 637-4423 Cellular Phone #: (935) 635-0689 2. Type of Facilities: (Check all that apply) Telecommunications Fiber Optic X Existing Franchise Agreement Existing License Agreement Other: (specify) 3. Contact Person(s) for R.O.W. User: (Use additional sheet(s) if needed.) a. Primary Contact Name: Mark Wilson Phone: (214) 875-6819 Contact Address: 300 S. St. Paul, 9tn Floor E-mail: mark. Wilson@txu.com Dallas, Texas 75201 b. Contact Name: Allan Joss Phone: (214) 875-6785 Contact Address: 300 S. St. Paul, 9th Floor E-maih allan.joss@txucom.com Dallas, Texas 75201 4. Emergency Contact(s): (Available 24-hours) a. Name: Allan Joss Phone: (214) 875-6785 Pager: (888) 510-8335 b. Name: Andrew Hendricksonn Phone: (214) 875-5354 Pager: (214) 408-9324 5. Contractor(s): (Performing work in right-of-way on behalf of User) a. Company: Chapman Construction Company, Inc. Contact Name: Calvin Hargrave Phone: (972) 547-5505 Address: 10011 W. University Pager: (817) 996-2054 McKinney, TX 75070 enneth R. Whitton lice President City of Coppell P.O. Box 478 Coppell, TX 75019 CITY~8~COUNCIL MEETING: August 22, 2000 ITEM # __ ITEM CAPTION: Consider authorizing the City Manager to execute necessary documents, including quit claim deeds, to acquire hike and bike trail road to Wagon Wheel Park. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS:~X~ DIR. INITIALS: FIN. REVIEW~J~ CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: !Deeds Coppell, Texas 75019 j 972-462-0022 COPPELL, TEXAS 75019 DATE: August 18, 2000 TO: Mayor and Council FROM: Clay Phillips, Deputy City Manager SUBJECT: Hike and Bike Trail and Power Easements Associated with the Duke- Weeks and Champion Developments For some time now, staff has been working with representatives from both Champion and Duke-Weeks regarding an old abandoned roadway easement that lies between their two pieces of property. On average the property in question is approximately 20 ft. wide running the entire length of their properties from Bethel Road to State Road. The roadway easement in question appears to be associated with the old alignment of State Road that at one time extended South from the State Road/Ruby Road intersection to Bethel Road. This roadway was used many years ago for farmers to transport their cotton crop and for other agricultural purposes. By now, you may be asking yourself what possible bearing could this information have on the agenda item you are being asked to consider. Over the years as properties have changed hands, this narrow stretch of property has been lef~ out of surveys not claimed by the property owner and now exists in a form of a "no man's land" that is not incorporated into either the Champion or Duke-Weeks properties. The City is now involved in this issue because we are attempting to gain an easement from TXU in order to run power from Bethel Road through this corridor to Wagon Wheel Park. In addition, we would also like to have an easement for the possible future location of a Hike and Bike Trail in this same corridor. TXU is unable to provide the power, as they cannot accept an easement from anyone other than the legal property owner. There are serious questions regarding who the legal property owner might be as of today. With all that as background, it is our recommendation that the City quit claim any interest it may have, if any, to both Champion and Duke-Weeks regarding this stretch of property. Both developers have agreed to combine their Surveys and create a new property line that will incorporate this piece of property equally into each of their respective developments. They in turn will grant TXU the necessary easements for the power to be placed in the corridor for the park development. They will also provide the City with the necessary easements should we decide to construct a Hike and Bike Trail through the corridor. In turn, we will be providing both developers hold harmless and indemnification agreements whereby the City will maintain liability for any issues arising out of the construction and use of a Hike and Bike Trail. Staff feels this is the most appropriate and beneficial manner in which to resolve this issue. We have no interest in owning this narrow strip of property as it would then be up to the City to maintain the property in question. Both developers have agreed that they will incorporate this property into their developments and maintain the property as they maintain the remainder of their developments. In proceeding in this fashion the City will obtain the necessary easements it needs, TXU will be able to obtain the necessary easement that it needs for our power supply purposes, and both developers will be able to commence their development projects in a much more cooperative and comprehensive fashion as their would no longer be property whose ownership is in question. The agenda item simply authorizes the City Manager to enter into the necessary agreements to accomplish this task. Those agreements will include quit claims, easement agreements, hold harmless agreements, indemnification agreements and possibly others that will ultimately allow the City to obtain the items we need to move forward with the development of Wagon Wheel Park while removing the maintenance responsibility for the property in question from the City. Please feel flee to call if you have any questions regarding this matter and we will certainly be available for comments during the City Council meeting. T H E: · C I T Y · O F C:O F LL AO ,NDA CITY COUNCIL MEETING: August 22, 2000 ITEM # ITEM CAPTION: Consider approval of a Contract Modification for VAI Architects for the design and construction documentation of the proposed Service Center, increasing the contract by $35,000.00, and authorizing the City Manager to sign. SUBMITTED BY: Gary Sims TITLE: Director of Parks and Leisure Services STAFF COMMENTS: On August 8, 2000, the City Council reviewed, and gave approval to continue developing, schematic drawings for the site layout, floor plan and elevations for the proposed Service Center. These plans reflect a scope of the building and site improvements that have increased from the original scope of the project. The detailing and intensity of design have increased above what was anticipated in the original contract scope. This change in the scope of work has necessitated this requested modification to the Professional Services Agreement with VAI. The cost for the Basic Services of the contract has increased from $150,000.00 to $200,000.00. The allowance for additional expenses (contract administration) shah be reduced from $35,000.00 to a total of $20,000.00, most of which will be handled outside the scope of this contract. BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: Funds for this contract are available in the Service Center CIP Accounts. DIR. INITIALS: IN. REV~W CITY MANAGER KEV]EW: ,'- RECEIVED , - MAP, 2 1 20,10 STATE OF TEXAS § CONTRA ECORDS CENTER § PERSONAL SERVICES C~IYY OF COPPELI coo r nAU AS § 3 5 8 This Agreement ("AGI~F-F~MENT') is made by and between the City of Coppe!l, Texas ("CITY") and Vidaud & Associates, Incorporated. C'VAF') acting by and through their authorized representatives. RECITALS: WHEREAS, the CITY desires to have designed a Service Center Building CFACH,ITY"), as defined in Exhibit "A" attached hueto and incorporated heroin; and WHEREAS, the CITY selected VAI to perform architectural services in accordance with the requirements in Chapter 2254 of the Texas Government Code; and WHY~REAS, the CITY desires to engage the services of VAI, as an independent contractor and not as an employee, for architectural sPA'vices related to the construction of the FACILITY on the terms and conditions provided in this AGREEMENT; and WHEREAS, VAI desires to render professional services for the CITY on the terms and conditions provided in this AGREEMENT~ NOW, THEREFORE, in exchange for the mutual covenants set forth hcrein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows: A, SCOPE OF WORK & PROJECT DESCBIFFION VAI shall enter into a contractual agreement with the CITY to provide bas[o professional services for the site layout, design and construction documents for the construction of the FACH,ITY in Coppel|, Texas. CITY desires to construct the FACILITY and related improvements on approximately three (~) acres of an overall forty-seven (47) acre site, owned by CITY and located at Coppell Road and Bethel Road in Coppell, Texas. The FACILITY shall consist of: A. Public Works and Leisure Services Office Building - 8,200 SF B. Attached Vehicle Bullcling with Senrice Bays - 4,400 SF, to include: ('~ I. Two (2) drive through bays~ and 2. Secured Tool and Parts Storage Area C. Climate Controlled Sign and Signal Shop (attached or unattached)- 3,000 SF PERSONAL SERVICES CONTRACT - Page 1 . ~1674 D. Freestanding Covered Vehicle Wash Bay with pressure wash and reclamation pit - 600 SF 1. Pressure wash and reclamation pit E. Freestanding Covered Equipment and Parts Storage - 14,000 SF, to include: I. Enclosed/gecured Space - 9,000 SF 2. Open/Unse~ured Space - 5,000 SF F. Freestanding 20' x 30', explosion proof Chemical Storage Building G. Above ground Fuel Tank and Dispensing facility to be relocated from existing getvice Center H. Paving 1. Concrete paving for City vehicles and equipment 2. Asphalt paving for visitor, staff'and storage areas I. Chain-link fencing around perimeter of site. B, SERVICES VAt agrees to provide f.or the development of archit~xrnl services related to the construction of.the FACILITY located in Coppell, Texas, as f.oHows: A. PKE-DESIGN (to be completed within 14 days from the date of execution of' 1. VAt shall condu~ a pre-planning meeting with the CITY to review the project scope and design schedule. At this meeting, VAI shall schedule initial meetings with the Parks & Leisure Services and Public Works - Utilities, Fleet and Streets departments. 2. VAt shall review available plans and docum~ts, including existing plans of. the new site, plans of. the existing Service Center and the CITY's space requirements/criteria. 3. VAI shall conduct Code and Zoning Analysis and meet with the f.oHowing CITY code officials to gather special design requirements: a. Planning b. Building Inspection: 1. Chief'Building Official 2. Fire Marshall 3. Environmental PERSONAL SERVICES CONTRACT- Page 2 316~4 4. VAI shall conduct a site inventory, including: a. Topographic Survey of the approximate three (3) acre site: 1. Field tying visible points required for final design; Field tie above ground visible improvements. b. Locate existing above ground utilities c. Visual validation of the existing Tree Survey d. Photograph the site and surrounding context. 5. Programming: a. VAI shall tour the existing Coppert Service Center and meet with the individual Department Managers to review the User's "Wishlist" for the building, identify special needs, discuss spatial relationships, identify existing equipment end furnishings to relocate the new building. The building and its contents are available for photographing the existing conditions. b. VAI shall prepare Programming Data, including spatial data for departments, room sizes, equipment/materials and functional relationship diagrams. c. VAI shall arrange meetings with several Municipalities in order for the CITY to tour other Service Centers that have been recen~y completed. B. PRELIMINARY DESIGN (to be completed within 14 days after approval of the · Pro-Design Phase): 1. VAI shall prepare and submit five (S) complete sets of the following items for the CITY' s review: a. Preliminary Design Drawings: 1. Topographic Survey indicating ground surface contours at one (1) foot intervals, supplemented by appropriate spot elevations accurate to 0. 1 foot elevation in areas where the FACILITY is proposed. 2. Preliminary Site Plan indicating proposed location of the I~ACII,1TY, landscaped areas, vehicular and pedestrian circulation, parking, outdoor storage areas, perimeter fencing and other related facilities. 3. Preliminary Floor Plans of FACHXFY indicating entries, office layouts, c~rculation and service areas. 4. Exterior Building Elevations including outdoor storage structures. PERSONAL SERVICES CONTRACT - Page 3 s~6~4 b. Brief outline of proposed design, including building materials and engineering systems. c. Preliminary Color/Sample Board: 1. Identifying proposed materials and colon for the exterior and interior of the FACILrrY. 2. Preliminary Cost Est~m_ate 2. VAI shall meet with the CITY to review design comments and to incorporate applicable comments into the design~ 3. After review, VAI shall present the Preliminary Design to the City Council. No other public hearings or presentations are required for this phase. 4. The CITY's approval of the Preliminary Design is required prior to be~-nin~ the Design Development Phase. C. DESIGN DEVELOPMENT (to be completed within 24 days after approval ofthe Preliminary Design Phase): 1. VAI shall prepare and submit five (5) complete sets of the following items for the CITY's review: a. Design Drawings including: 1. Civil: ~ Boundary Survey (1" = 50' scale): I. The survey will be performed in accordance with the Manual of Practice for Land Surveying in Texas for a Category 1A, Condition H survey, and will incorporate a boundary survey certificate. 2. Record research is to be provided by the CITY. If additional research is required to facilitate the boundary survey, this work shall be performed on a cost plus basis as additional services. 3. CITY shall provide VAI with an updated title commitment, including all schedules and exceptions, no later than' ten (10) working days before the proposed delivery date, in order to meet the project schedule. Names of the entities to be certified, including the buyer, seller, lender, title company, etc., is required five (5) working days before the proposed delivery date. PERSONAL SERVICES CONTRACT - Page 4 31674 b. Prdiminary Grading Plan indicating the elevation of the building and paveme~ areas, and drainage requirements. 2. Landscape: a. Planthtg Plan showing quantity, spedu, ~ and spacing of plantings. 3. Architectural: a. Final Site Plan including Service Center building, landscaped areas, vehicular and pedestrian circulation, parking, outdoor storage areas, perimeter fencing and other related facilities. b. Final Building Plans and Elevations c. Preliminary Building and Wall Sections, if ne~led to convey design concept. 4. Final Color/Sample Board (one (1) board) 5. Initial Development of' Engineering Systems, including civil, structural, mechanical, electrical and plumbing. 6. Copies of Proposed Equipment and Product "Cut-sheets" 7. Outline Specifications 8. Detailed Cost Estimate b. VAI shall submit documents for Building Inspection and Code review by the CITY. c. VAI shall meet with the CITY to review design comments and to incorporate applicable comments into the design. d. After review, VAI shall present the design to the City' s Planning and Zoning Board and the City Council for site plan review. No other public hearings or presentations shall be required. e. CITY shall approve the Design Development documents prior to beginning the Construction Document Phase. D. CONSTRUCTION DOCUIV~NTS (5O% Submittal to be completed within 30 days at~er approval of the Design Development Phase; 100% Submittal to be completed within 26 days after the approval of the 50% Sumittal): l. 50% Mid-point Submittal: a. VAI shall submit five (5) sets of construction documents to the CITY to review VAPs progress on the construction documents. The submittal shall include: 1. Construction Drawings: PERSONAL SERVICES CONTRACT - Page 5 31s74 a. Civil: 1. Final Grading Plan including existing and proposed ground contour lines, and spot elevations needed to grade the site for 2. Site Drainage 'Design including improvements to allow for proper storm water drainage of the site, such as proposed inlets, storms sewers, flumes, swales, headwalls and other drainage. 3. Overall Drainage Area map delineating drainage areas and storm sewer runoff data for the site and adjacent properties that may affect drairuige of this site. 4. Water & Sanitary Sewer Plan coordinating the location and layout of water and sanitary sewer services to serve the proposed FACILITY. 5. Dimension Control building comers and pavement curb lines, and preparation of paving details. 6. Erosion Control Plan design drawings and associated details only. SWP3 plan, including but not limited to the Notice of Intent (NOD, project description, inspection forms. Notice of Termination (NOD, etc, are included, and shall be prepared by the Contractor. b. Landscape: 1. Planting Plan - planting and arrangement of plant materials and betms. Quantity, species, sizes and spacing of materials shall be specified on each plan sheet. Fine grading of landscaped areas and area drain design for planting areas where required. 2. Irrigation Plan - zoned system to maximize efficient water mnnngement. The system will be designed to permit separate watering of turfgrass. Details for the proper installation of sprinkler heads, valves, pipe, service PERSONAL SERVICES CONTRACT - Page 6 31674 connection, controller and other items shall be indicated. c. Architectural: 1. Overall site plan 2. Floor pl~n~ and enlarged pnztlal plans 3. Roof plan and details 4. Exterior elevations and details 5. Building and wall sections 6. Refie~ve ceiling plan 7. Interior elevations and details 8. Door, window and finish schedule &: details 9. lVlillwork details 10. Exterior and interior signage 11. Miscellaneous details d. Structural: 1. Foundation Plans and Details, including pre- packaged above ground tanks 2. Roof'Plans and Framing Details 3. Mezzanine and miscellaneous details. 4. Tilt-wall details not including panel layout or detailing 5. Overh~d crane e. Mechanical: 1. Diagrammatic duct htyout 2. Diffuser and grille locations 3. Mechanical equipment locations, showing layout for med~tnical space and equipment schedules. 4. Mechanical details 5. Rdocation of existing equipment, including compressed air system, oil dispensing systems, etc. f. Electrical: PERSONAL SERVICES CONTRACT - Page 7 s1674 1. Coordination for utility service with electrical and telephone utility companies 2. Electric service and distribution 3. Lighting design - exterior and interior, including connection, circuiting and switching 4. Emergency Power distribution 5. Fire Alarm Systems 6. Panel, switchboard and lighting schedules 7. Connection of mechanical equipment g. Plumbing: i. Diagrammatic piping layouts 2. Plumbing details 3. Conceptual fire protection/sprinlcler system h. Specifications: 1. VAI shall obtain and review Division 0-1 ~om the City of Coppell Purchasing Agent 2. VAI sha]l edit and provide technical Divisions 2-16 i. Final Cost Estimate b. VAI shall submit the Construotion Documents for review and obtain approval of ADA Compliance with the required governing agencies. c. VAI shall meet with the CITY to review design comments and to inco,rporate applicable comments into the design. 2. 100% Final Snbrnittal: a. VAI shall submit the following documents 100°/5 complete and in the quantities indicated to the CITY for bidding: 1. Construction Drawings: a. One (1) copy ofelectronic files on CD b. One (1) full size set of'reproduc~ble originals c. Five (5) sets of'full size prints 2. Specifications: PERSONAL SERVICES CONTRACT - Page a. One (1) complete unbound set of original specifications including Divisions 0-16 b. Five (5) complete bound sets 3. Final Cost Estimate: a. Three (3) bound sets b. Final Platting (1" = 50' scale): 1. VAI shall submit the final plat for the proposed approximate three (3) acre site to the CITY for approval. 2. Record research shall be provided by the CITY. additional research is required to facilitate the boundary survey, this work shall be p.efformed as an additional service. 3. CITY shall provide VAI with an updated title commitment including all schedules and exceptions no later than five (5) working days before the proposed delivery date, in order to meet the project schedule. Names of the entities to be certified, including the buyer, seller, lender, title company, etc,. are also required. C. ADDITIONAL SERVICES The following items are not part of VAI's basic services and are considered additional services. These services may be providexi on an hourly basis at the request of the CITY. If required, these services shall be added by modification to the basic Agreement. A. Design Phase Services: 1. General: a. Design Modifications after approval of Design Devdopment; b. Revisions to Construction Documents following substantial completion, which are not due to design errors or omissions. c. Relocation, adjustment and/or demolition of existing improvements or infrastructure. 2. Civil: a. Design Calculations b. Retaining wall design PERSONAL SERVICES CONTRACT - Page 9 c. C.~otechnical consulting d. Off-she utility or drainage facility e~ensions which may be required to serve the property e. Flood plain studies or reclama~on plans, detention design or studies Tra~c engineer~g reports or studies g. Enviromental impact statements and assessments. 3. Landscape: a. Fountain or ornamental water feature design b. Tree surveys or mitigation plans c. Pump design for irrigation systems 4. Architectural: a. Masterplanning entire forty-seven (47) acre site b. 3-D CAD or Architectural Renderings c. Architectural Building/Site Model d. Interior Design, including space planning of furnishings and systems furniture. 5. Structural: a. Design Calculations b. Structural planter design 6. Mechanical, Electrical or Plumbing: a. Design Calculations b. Smoke evacuation systems c. Gas, telephone, and cable design 7. Bidding & Negotiation Phase Services: a. Distribution of Bid Sets b. Answering Bidder's Questions c. Distributing Addenda d. Conducting Pre-bid Meeting e. Attending Bid Opening f. Evaluating Bids and Check References including Dun & Bradstreet PERSONAL SERVICES CONTRACT- Page 10 31674 8. Construction Administration Phase Services: a. Only VM's Project Manager shall be required. Additional technical support shall be provided as necessary. b. Record Drawings prepared from the redline marlcups prepared by the Contractor. D. COMPENSATION 1. The CITY shall compensate the VAI for the architectural services as set forth in herein in an mount not to exceed Two Hundred Thousand Dollars and no cents ($200,000), calculated as follows: Basic Professional Services A. Pre-design $ 10,000 B. Preliminary Design 25,000 C. Design Development 40,000 D. Construction Documents ?5.000 Total Basic Services $ 150,000 Additional Services E. Bidding Negotiation $ 10,000 F. Construction Administration 25,000 Total Additional Services $ 35,000 2. In addition to the compensation in Section D(l), VAI may receive reimbursable expenses in an mount not to exceed Fifteen Thousand Dollars ($15,000.00), as outlined in Section E below. PERSONAL SERVICES CONTRACT- Page 11 31674 E. REIMBURSABLE EXPENSES 1. Reimbursable Expenses are in addition to compensation for VAI's basic services and include expenses incurred by VAI and VAPs consultant's that are directly related to this ,project. Reimbursable expenses include, but are not limited to: A. Transportation in connection with the project, authorized out-of-town travel and subsistence and electronic communications. B. Fees paid for securing approval of authorities having jurisdiction over the project. C. Reproductions, plots, standard form documents, postage, handling and delivery of documents. D. Rendering, models and mock-ups requested by the CITY. E. Photography, long distance phone calls, computer media and other direct project related expenditures. 2. Reimbursable expenses shall be invoiced at 1.15 times VM's actual cost. VAI shall provide receipts or other supporting documentation for all individual expenses. F. COMPUTER PROGRAMS/FORMAT REQUIR MENTS 1. VAI shall provide drawings, specifications and costs estimates in the following computer programs and formats: A. Drawings - AutoCAD v. 14 with VAI layering standards which are based on the AIA Drawing layer Standards. B. Specifications - AIA Masterspec in CSI Format produced on MS Word C. Cost Estimates - MS Excel spreadsheet using CSI Format identifying unit quantities, labor, material, contractor overhead and profit. G. CITY RESPONSIBILITIES 1. In a timely manner, the CITY shall provide the following information to VAI for use during design: A. Archeological and Environmental Impact Findings B. Existing Tree Survey (previously provided) PERSONAL SERVICES CONTRACT- Page 12 3~74 C. Geetechnical Survey and Keport, including pavement section and foundation design recommendations, transmitted to VM no later than the beginning of the Design Development Phase. D. Boundary Survey and Platting information. 2. The CITY will endeavor to provide accunle information but cannot guarantee the accuracy of any information provided. H, TERM The term of this AGREEMENT shall begin on the date of its execution by all parties. This AGREEMENT shall continue until VAI completes the services required herein to the satisfaction of the CITY, unless sooner terminated as provided herein. L ENTIRE AGREEMENT This AGREEMENT constitutes the sole and only al~'eement of the parties and supersedes any prior understandings or written or oral agreements between the parties with respect to this subject matter. J. ASSIGNMENT Neither this AGREEMENT nor any duties or obligations under it shall be assignable by VAI without the prior written consent of CITY. In the event of an assignment by the VM to. which the CITY has consented, the assignee or the assignee's legal representative shall agree in writing with the CITY to personally assume, perform, and be bound by all the covenants, obligations, and agreements contained in this AGREEMENT. K. AMENDMENT This AGREEMENT may be mended by the mutual written agreement of the parties. L GOVERNING LAW The validity of this AGREEMENT and any of its terms or provisions, as well as the rights and duties of the parties, shall be governed by the laws ofthe State of Texas; and venue for any action concerning this AGREEMENT shall be in Dallas County, Texas. PERSONAL SERVICES CONID. CT - Page 13 31674 M. NOTICE Any notice or other communication shall be in writing and shall be deemed given when sent Registered or Certified Mail, Postage Prepaid, in the United States IrisH. addressed as set forth below, or to such other address as either of the parties shall advise the other in writing. flintended for CITY: Jim Win City Manager City of Coppell 255 Parkway Blvd. Coppell, Texas 75019 If intended for VAI: Ken Crosby Principal Vidaud & Associates Incorporated 1 :} 549 Montfort Drive Suite 200 Dallas, Texas 75240-4503 N. LEGAL CONSTRUCTION 1. 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, il|egality, or unenForceabifity shall not effect any other provisions and the AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this AGREEMENT. 2. It is understood and agreed that VAI, in satisfying the conditions of this AGREEMENT, is acting independently and that the CITY assumes no responsibility or liabilities to any third party in connection with this AGREEMENT. All services to be performed by VAI under this AGREEMENT shall be in its capacity as an independent contractor and not as an agent or employee of the CITY. VAI 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 compliance with this AGREEMENT and any specifications, schedules or plans approved by the CITY. O. CAPTIONS I. The captions used in this AGREEMENT ar~ for convenience only and shall not affect in any way the meaning or interpretations of the provisions set forth herein. PERSONAL SERVICES CONTRACT- Page 14 31674 P. COUNTERPARTS 1. This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instnnnent. Q. TERMINATION 1. This AGREEMENT shall continue until termination by either party by giving thirty (30) calendar days prior written riolice to the other party. EXECUTED this ~.~--~_day of~"I~/L/L,~ ,a/v/./_ ~, 2000. .... ~I~OF C~J ATTEST: JIM ~i~ lVianager LIB~Y BAI~,it~ Secretmy APPROVED AS TO FORM: Br. OBEKT~ Attorney ~XZCUT~D t~ i"~ day of ~ .., 2000. VIDAUD & ASSOCIATES INCORPORATED By: ~tt, PERSONAL SERVICES CONTRACT- Page 15 a16'~4 CITY~ ~ . ~ COUNCIL MEETING: August 22, 2000 ITEM ITEM CAPTION: PUBLIC HEARING: To receive public comment concerning the Proposed 2000-2001 Municipal Budget. SUBMITTED BY: Jennifer Armstrong TITLE: Director of Finance STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: p\~( DIR. INITIALS :(~ FIN. REVIEW:(~ CITY MANAGER REVIEW: '~L5 Agenda Request Form - Revised 5/00 Document Name: $PHBUDG.DOC NOTICE OF PUBLIC HEARING PROPOSED 2000-2001 MUNICIPAL BUDGET A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, to receive public comment concerning the Proposed 2000-2001 Municipal Budget. The Public Hearing will be held on August 22, 2000 at 7:30 p.m. in the Council Chambers at the City Hall, 255 Parkway Boulevard, Coppell, Texas 75019. A copy of the Proposed Budget will be on file for public view in the office of the City Secretary at City Hall and at the William T. Cozby Public Library, 177 N. Heartz Road, Coppell, Texas 75019. ~ . CITY~4°COUNCIL MEETING: August 22, 2000 ITEM ITEM CAPTION: PUBLIC HEARING: To receive public comment concerning the Proposed 2000-2001 tax rate of .6486. SUBMITTED BY: Jennifer Armstrong TITLE: Director of Finance STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS: ~,,\~ DIR. INITIALg~ FIN. REVIEW::~I~ CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: $PHTAXRT.DOC , Notice of Public Hearing on Tax Increase The City of Coppell will hold a public hearing on a proposal to increase total tax revenues from properties on the tax roll in the preceding year by 6.29 percent. Your individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property and the tax rate that is adopted. The public hearing will be held on August 22, 2000 at 7:30 PM at Town Center, 255 Parkway, Coppell. FOR the proposal: Greg Garcia Jayne P. Peters Pat Keenan Marsha Tunnell Doug Stover Larry Wheeler Bill York AGAINST the proposal: None PRESENT and not voting: None ABSENT: None The following table compares taxes on an average home in this taxing unit last year to taxes proposed on the average home this year. Again, your individual taxes may be higher or lower, depending on the taxable value of your property. Last Year This Year Average residence homestead value $189,540 $209,421 General exemptions available $0 $0 (mount available on the average homestead, not including senior citizen's or disabled person's exemptions) Average taxable value $189,540 $209,421 Tax rate (per $100) 0.64860 0.64860 Tax $1,229.36 $1,358.30 Under this proposal, taxes on the average homestead would increase by $128.94 or 10.49 percent compared with last year's taxes. Comparing tax rates without adjusting for changes in property value, the tax rate would increase by $0.00 per $100 of taxable value or 0.00 percent compared to last year's tax rate. These tax rate figures are not adjusted for changes in the taxable value of property. PROPERTY TAX RATE INFORMATION THE CITY OF COPPELL HAS PROPOSED MAINTAINING A FLAT PROPERTY TAX RATE FOR THE 2000-01 BUDGET YEAR. HOWEVER, DUE TO THE CITY' S PROPERTY VALUATION GROWTH THAT HAS RESULTED IN AN INCREASE IN TAX REVENUES, THE CITY IS REQUIRED TO PUBLISH THE ADJOINING NOTICE OF PUBLIC HEARING. 1999-00 TAX RATE: $0.6486 2000-01 PROPOSED RATE: $0.6486 THE CITY OF COPPELL IS NOT INCREASING THE PROPERTY TAX RATE; HOWEVER, YOUR INDIVIDUAL PROPERTY TAXES MAY REMAIN THE SAME, INCREASE OR EVEN DECREASE, DEPENDING ON WHETHER YOUR PROPERTY VALUATION HAS CHANGED. CITY COUNCIL MEETING: August 22, 2000 ITEM It ~~ ITEM CAPTION: Consider approval of an Economic Development Incentive Agreement between the City of Coppell and the Coppell Independent School District, and authorizing the City Manager to sign. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: This item will authorize the City of Coppell to provide funding in escrow with the Coppell Independent School District, in the amount equal to the CISD estimated freeport tax loss. By providing the CISD with the above escrowed funds, the CISD will be in a position to repeal the freeport tax during their regularly scheduled meeting in September. The City currently has executed "In Lieu of Freeport Taxes" agreements with the applicable corporations and/or developer contributions to cover the amount to be escrowed with the CISD, said "in lieu of" agreements are payable no later than December 1, 2000. BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS: Agreements have been signed in an amount that viii cover the excro~ted funds. DIR. INITIALS: FEq. REVIEWf,~ CITY MANAGER REVrEW: Agenda Request Form- Rex4sed 5/00 Document Name: CISDFRPT Chad B.~ac...h...:33.001 .dg.c .......... . ................................ Page 11 DRAFT August 2, 2000 STATE OF TEXAS § § ECONOMIC DEVELOPMENT INCENTIVE § AGREEMENT COUNTY OF DALLAS § This Agreement (the "Agreement") is made by and between the City of Coppell, Texas (the "City") and the Coppell Independent School District (the "School") acting by the through their authorized officers and representatives. WHEREAS, the City is authorized by Tex. Loc. Govt Code §380.001 to provide economic development grants and incentives; and WHEREAS, the City has adopted programs for promoting economic development; and WHEREAS, the local option exemption of freeport goods under the Texas Constitution and Tex. Loc. Gov't Code §11.251 ("Freeport Goods")will promote economic development, increase tax base, stimulate growth and generate employment; and WHEREAS, the City and Dallas County have taken action to exempt Freeport Goods from ad valorera taxation; and WHEREAS, the School previously exercised the local option to tax Freeport Goods under the Texas Constitution and Tex. Prop. Tax Code § 11.251; and WHEREAS, the School has been requested to repeal its prior action and exempt Freeport Goods from ad valorem taxation beginning with the 2000 tax year; and WHEREAS, the exemption of Freeport Goods from ad valorem taxation will not adversely affect the School's funding from the State of Texas beginning the second tax year in which such exemption is in effect; and WHEREAS, the School estimates that it will lose One Million Two Hundred Fifty-Three Thousand Eight Hundred Five Dollars ($1,253,805) in tax revenue in the first tax year in which Freeport Goods are exempt from property taxation by the School (the "Estimated Freeport Loss"); and WHEREAS, private companies and businesses (the "Companies") have offered, if the School will take action to exempt Freeport Goods, to make cash payments to the School in an amount equal to the property taxes that would have been owed to the School for tax year 2000 based on the taxable value of Freeport Goods as determined by the Dallas Central Appraisal District ("Cash Payments"); and WHEREAS, the School is willing to take action to exempt Freeport Goods beginning tax ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 1 33001 ~Chad Beach- 33001 .doc .............. Page 21 DRAFT August 2, 2000 year 2000 provided the School has received the Cash Payments on or before October 1, 2000 in an amount of not less than One Million Two Hundred Fifty-Three Thousand Eight Hundred Five Dollars ($1,253,805); and WHEREAS, the Companies are willing to provide the Cash Payments to the School on or before December 1, 2000 provided the School takes action to exempt Freeport Goods beginning tax year 2000; and WHEREAS, the City has been requested to temporarily fund the Cash Payments until January 15, 2001; and WHEREAS, the School has agreed to assign its fights to receive the Cash Payments to the City; and WHEREAS, the School's adoption of Freeport exemption and the temporary funding of the Cash Payments by the City will promote economic development in the City; NOW THEREFORE in consideration of the foregoing and other valuable consideration the sufficiency and receipt of which is hereby acknowledged the parties agree as follows: TERM 1. The term of this Agreement shall begin on the last date all the parties have executed this Agreement (the "Effective date") and continue until later of (i) January 15, 2001, and (ii) the date the School has fully satisfied all of the terms and conditions hereof (the "Expiration Date"). ECONOMIC DEVELOPMENT INCENTIVES 2. Subject to the School's continued satisfaction of all the terms and conditions of this Agreement, the City agrees to provide an economic development grant to the School in the amount of One Million Two Hundred Fifty-Three Thousand Eight Hundred Five Dollars ($1,253,805) to temporarily fund the Cash Payments in accordance with the terms set forth herein (the "Grant") subject to the Schoor s obligation to refund the Grant as set forth herein. 3. The Grant shall be paid solely from lawfully available funds. Under no circumstances shall the City's obligations hereunder be deemed to create any debt within the meaning of any constitutional or statutory provisions. Consequently, notwithstanding any provision of this Agreement, the City shall have no obligation or liability to pay or provide any portion of the Grant unless the City appropriates funds to make such payments during the budget year in which the Grant is to be provided. 4. The City shall not be obligated to pay or provide the Grant to any financial ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 2 33001 [ChadBeach - 33001 .doc ...- ............. .......... _ ....... . .......... Page DRAFT August 2, 2000 institution or any third party on behalf of or for the benefit of the School. None of the City's obligations under this Agreement shall be pledged, assigned or otherwise encumbered in favor of any third party. PAYMENT AND REFUND OF INCENTIVES 5. The City shall provide the Grant (less the amount of any Cash Payments received by the School and/or City) by wire transfer to an insured interest bearing account designated by the School on or before October 1, 2000 which shall be held in escrow by the School ("Escrow Funds") until January 15, 2001 at which time such funds may be transferred to the School's general revenue fund subject to the terms and conditions of this Agreement and the School's obligation to refund the Escrow Funds hereunder. 6. The School shall refund to the City that portion of the Escrow Funds in excess of the actual amount of ad valorem taxes lost to the School as a result of the School taking action to exempt Freeport Goods for the 2000 tax year calculated by applying the School's tax rate for tax year 2000 to the value of the personal property that qualified for the exemption as Freeport Goods under Tex. Prop. Tax Code §11.251 for tax year 2000 as determined by the Dallas Central Appraisal District ("Freeport Tax Loss"). The determination by the Dallas Central Appraisal District as to the amount of value of personal property that is exempt from property taxation as Freeport Goods for tax year 2000 under Tex. Prop. Tax Code §11.251 shall be final. For purposes of calculating the Freeport Tax Loss, the determination by the Dallas Central Appraisal District shall be made as of July 25, 2000. 7. The School shall deposit any Cash Payments received from Companies in an insured interest bearing account and hold the same in escrow ("Cash Payment Escrow") until the School has fully satisfied all conditions set forth in Paragraph 9, at which time the Cash Payment Escrow shall be transferred to the City by wire transfer to an account designated by the City. CONDITIONS PRECEDENT TO TRANSFER OF ESCROW FUNDS 8. The following conditions precedent must be satisfied on or before January 15, 2001: a. The School shall take timely action in accordance with Tex. Const. art. VIII § 1-j(b) and Tex. Prop. Code §11.251 to exempt Freeport Goods beginning tax year 2000, and such action shall be effective beginning January 1, 2000. b. The School shall have entered into enforceable agreements with the Companies for the Cash Payments ("Agreements for Cash Payment"), in which the payment obligation to the School under such agreements, and any payments received by the School pursuant thereto ("Freeport ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT- Page 3 33001 L.?,bad B.e..a....c..h,,- 33001 .doc ..... . ........ Page DRAFT August 2, 2000 Payment"), collectively equal or exceed One Million Two Hundred Fifty- Three Thousand Eight Hundred Five Dollars ($1,253,805). c. The Dallas Central Appraisal District shall have recognized the action of the School to exempt Freeport Goods beginning tax year 2000. d. The School shall have executed and delivered to the City, an assignment of each Agreement for Cash Payment in the form attached hereto as Exhibit "A", (collectively referred to as the "Assignments"), each duly executed by the School. e. The School shall have delivered to the City a copy of each executed Agreement for Cash Payment and accounted for any payments made thereunder. f. The School shall have delivered to the City the opinion of the School's legal counsel, to the effect that: (i) School has full power, authority and legal right to enter into this Agreement, the Agreements for Cash payments, the Assignments and to consummate the transactions contemplated thereby; (ii) the execution, delivery and performance by School of its obligations under this Agreement, Agreements for Cash payments and the Assignments have been fully authorized by all requisite action, and no further action or approval is required in order to permit School to consummate the transactions contemplated thereby; (iii) this Agreement, the Agreements for Cash Payments and the Assignments have been duly executed and delivered by School; and (iv) that the opinion of counsel shall state that the City is justified and may rely upon the opinion of such other counsel ("Opinion of School Counsel"). g. There shall not exist any statute, constitutional provision, case law, opinion of the Texas Attorney General, or pending or threatened litigation which materially adversely affects the authority of either party to enter into this Agreement, the Assignments, the Agreements for Cash Payments, or to consummate any of the transactions contemplated thereby If the above conditions have not been fully satisfied on or before January 15, 2001, the School shall immediately refund the Grant ("Escrow Funds"). TERMINATION 9. In the event the School breaches any of the terms and conditions of this Agreement, then the City shall give the School written notice of such breach, and if the School has not cured the breach within thirty (30) days after receipt of such notice, this Agreement may ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 4 33001 i~6~'d Beach ~ 33001 .doc ................ . ............... Page 5~ DRAFT August 2, 2000 be terminated by the City by written notice to the School. The School's obligation to repay the Grant shall survive termination of this Agreement. 9. This Agreement may be terminated by mutual written agreement of the parties. REPAYMENT OF GRANT 10. In the event the School breaches any of the terms and conditions of this Agreement, then the School after expiration of the notice and cure periods provided above, shall immediately refund to the City the entirety of the Grant provided by the City; and the City shall immediately refund to the School any Cash Payments received by City less any cost or expense of collection thereof. REPRESENTATIONS AND COVENANTS 11. Each party represents and covenants that: (i) it has the authority to enter into this Agreement and to consummate the transactions contemplated thereby', and (ii) it has no current actual knowledge of any condition, including governmental regulations that would materially adversely affect such party's authority to enter into this Agreement and to consummate the transactions contemplated thereby. MISCELLANEOUS 12. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by: (i) personal delivery; (ii) courier; (iii) facsimile transmission ;or (iv) United States mail, postage prepaid, registered or certified mail, return receipt requested addressed to the party at its address set forth on the signature page of this Agreement or to such other person or address designated in writing by the applicable party 13. Governing Law. This Agreement is governed by the laws of the state of Texas; and the parties agree that exclusive venue for any action shall be in Dallas County, Texas. 14~ Entire Agreement. This Agreement contains the entire agreement of the parties relating to the subject matter covered herein. 15. Modifications. This Agreement may only be amended by a written agreement executed by both parties. 16. Assignment. This Agreement may not be assigned by either party without the express written consent of the other party. 17. Recitals. The recitals to this Agreement are incorporated herein. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 5 33001 Chad Beach - 33001 .doc ............ , ........................... ~ Pa..g...e..6. ~ DRAFT August 2, 2000 18. Severability. In the event any one or more of the provisions contained inn this Agreement shall for any reason be held invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect the other provisions, and it is the intention of the parties that in lieu of any provision that is found invalid or unenforceable, a provision be added to this Agreement which is legal, valid, and enforceable and is as similar as possible to the provision found to be invalid or unenforceable. 19. Counterparts. This Agreemere may be executed in counterparts. EXECUTED on this __ day of ,2000. CITY OF COPPELL, TEXAS By: JIM WITT, CITY MANAGER ATTEST: By: LIBBY BALL, CITY SECRETARY EXECUTED on this day of ,2000. COPPELL INDEPENDENT SCHOOL DISTRICT By: Name: Title: ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 6 33001 Chad Beach - 33003.doc .... .P..age ! ~ EXHIBIT "A" STATE OF TEXAS § § ASSIGNMENT COUNTY OF DALLAS § This Assignment is executed effective as of the __ day of 2000, by the Coppell Independent School District ("School") for the benefit of the City of Coppell, Texas ("City"). RECITALS: WHEREAS, the City and School entered into that certain Economic development Agreement dated the day of , 2000 ("Economic Development Agreement") pursuant to which the City agreed to provide an economic development grant of Dollars ("Grant") to temporarily fund certain cash payments to be paid the School ("Cash Payments") by private companies and businesses ("Companies") if the School takes action to exempt personal property defined as freeport goods under Tex. Const. art. VIII, §l -j(b) ("Freeport Goods") from ad valorera taxation beginning tax year 2000; and WHEREAS, the School and ("Company"), have entered into that certain Agreement dated the __day of 2000, ("Agreement for Cash Payment") pursuant to which Company has agreed to make a cash payment to the School, provided the School takes action to exempt Freeport Goods from ad valorem taxation beginning tax year 2000; and WHEREAS, this Assignment is being executed and delivered to the City pursuant to the Economic Development Agreement; NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, School does hereby TRANSFER, ASSIGN AND DELIVER unto the City, all of School's rights, interests, and benefits to receive and collect the Cash Payments under the Agreement for Cash Payment. 1. The School represents and warrants to the City that School has delivered to City a true and complete copy of the Agreement for Cash Payment and that the School' s interests in the Agreement for cash Payments has not been previously assigned or conveyed, and is not subject to any claim, setoff, or encumbrance. 2. The School agrees to the extent allowed by law to indemnify and hold City harmless against and from any loss, cost, liability, or expense (including, but not limited to attorneys fees and expenses) arising or resulting from School's failure to perform its obligations under the Agreement for Cash Payment. ASSIGNMENT - Page 1 33003 !Chad Beach- 33003.doc ~g~ ~ 3. Neither this Assignment nor any action by City shall constitute an assumption by City of any of the School' s obligations under the Agreement for Cash Payment, and the School shall continue to be liable and responsible for all its obligations thereunder. 4. After the effective date hereof, Company shall make the Cash Payments pursuant to the Agreement for Cash Payment to the City at 255 Parkway Boulevard, P.O. Box 478, Coppell, Texas 75019, Attn.: City Manager. EXECUTED as of this __ day of 2000. COPPELL INDEPENDENT SCHOOL DISTRICT By: Name: Title: ASSIGNMENT - Page 2 33003 CITY~ ~ . ° COUNCIL MEETING: August 22, 2000 ITEM # _~__ II I ITEM CAPTION: Consider approval of awarding Bid No. Q-0700-01 for newspaper advertising to the Citizens'Advocate for the period August 2000 to July 31, 2001. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: Request for Bid Q-0700-01 for newspaper advertising closed at 10 a.m. on Monday, July 31, 2000. Bids were sent to eight bidders and there were four bids received. Attached is a copy of the bid tabulations and a copy of two complaints against the current contractor, Citizens'Advocate. BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: Funds have been budgeted in the appropriate advertising accounts to cover the costs associated with this bid. ~\ DIR. INITIALS: FIN. REVIEW~ CITY MANAGER REVIEW:\X~ i Agenda Request Form - Revised 5/00 Document Name: !Newspaper (~ N t~ ILl LtJ LU I11 I11 ILl Z _J~-.tLI 0 Z o ,- >. n ~,ZUJ u~ _ e~ <~.-- ,~ E o..~- ~' o.'~ z o '~ -~-~a ~ ~o ~ ~ ~ ~ w ~>~ o o ~ o ~ ~ o ~ ~g ~ o o~c~ o .~ ~.~ o z ~8z z .~'E ~z .... ~ ~ z Coppell. Texas 75019 972-462-0022 COPPELL. TEXAS 75019 October 29, 1999 Ms. Jean Murph, President Citizens" Advocate P.O. Box 557 446 West Bethel Road Coppell, TX 75019 RE: Contract for Newspaper Adverlising On July 29, 1999, the City Council awarded Bid Number Q-0599-02 for Newspaper Advertising to the Citizens' Advocate for a one (1) year period beginning August 1, 1999 and ending July 31, 2000. One of the requirements of the bid and the contract is Fax Service which reads: "Successful bidder must be capable of receiving Fax transmissions from City of Coppell within their Facility." Further, it references "Pick-up Service" which reads "It is desirable that successful bidder provide without additional charge, service to the city, which includes the timely (possible "same day") pick-up at the City's site of the notices for publication. A requirement of the Texas Local Government code, Section 252.041 (a) states that a municipality issuing a sealed bid must advertise in a newspaper "at least once a week for two consecutive weeks. The date of the first publication must be before the 14th day before the date set to publicly open the bids and read them aloud." If either of the publication dates are not met, then the scheduled opening date must be extended. This adds additional time to the process of bidding and could cause delays in scheduled projects. On two (2) occasions recently, September 24, 1999 and October 1, 1999, bid notices were not included in the paper as requested. In both instances, the notices were faxed to your number 972-304-0203 prior to the deadline to be published. Please be advised that any further omissions will be considered as reasons to cancel this contract. If you have any questions or concerns, please feel free to contact me. Jim Ragsdill, CPP~ Purchasing Agent JR:bb MEMORANDUM June 21, 2000 TO: JIM RAGSDILL, PURCHASING AGENT FROM: ~ary L. Sieb, Director of planning & Community Services RE: Citizens Advocate advertising Over the years we have had some problems with Public Notice advertising in the Citizens Advocate; i.e., attaching the wrong map to a notice, an occasion where they printed a map backwards, etc. Most recently, a notice was published inaccurately, stating the zoning on a large area of property on DeForest Road was being considered for rezoning from Agriculture to Retail, where, in fact, the notice should have stated the zoning change being considered was from Agriculture and Retail to Single Family-12 (see attachment). The article on the front page of the paper was accurate, but the Public Heating notice was incorrect. This error caused great concern to various citizens who live near-by. bhj NOTICE OF PUBLIC HE G The City Council of the City of Coppell will hold a public heating on Tuesday, the 13m day of June, 2000, at 7:30 p.m., in the Coppell Town Center, for consideration of the Planning and Zoning Commission's recommendation relative to Case No. ZC-605(CI-D to consider a change in zoning from A (Agricultttre) and R (Retail) to SF-12 (Single Family-12) on approximately 24.7 acres of property located along the north side of DeForest Road, east of MacArthur Boulevard. All interested citizens of the City of Coppell and other parties of intere, st are invited to att~d this public hearing and participate in the same. Any citizen of the City or other party of interest may also express his or her opinion concerning this zoning change request by letter ~ to the City of Coppell Planning Department, 255 Parkway Boulevard, Coppell, TX 75019. C'IT'I~'nS ADVOC. A.TE Please publt-.h (t) time lulllILY, MAY 26, (D (D N (,D (/) CO Of) CO (/) CO LLI LLI LLI ILl LU ill (/) 0 I-- ,4, o_ ~ ~" (/) (/) C0 C/') (,0 CO t,~ 1:::: E)~ w w w w w w a.~O o O :Z u_ o6i OO[ _l--.- I--aa ._o c~ ~: co o~ co ~ co co ~ ~ LU LLI LU LLI LU l.lj ,,, ,o~ LLI ~ ¢D N 0 W W W W LLI LU ~o'~ s,~=,,- ,,,- "~E~' o ~ G I::l).,~,c:: 0 "o ~-o ~'~'~ ~Tz "' '- o ~ o ~ a~ o~ _>-~ e--~:e 3 ee,a_ ~ '*"" ._:e ~ >,,..- ,_ o os: ~'~o 8 8~''''"~ ~& ~_~ ~o-~co o¢,.~ ~o O~= OO'~ ~8~ e~ o o o_~c~i o z ~ Z,,- . CITY~ ~ ~ COUNCIL MEETING: August 22, 2000 ITEM St ~ ITEM CAPTION: Consider a resolution supporting the Texas Clean Air Working Group (TCAWG) efforts to seek legislative support in reducing mobile source emissions, creating incentives for commercial emissions reduction, and effective implementation and enforcement of the state implementation plan for the North Texas nonattainment area, and authorizing the Mayor to sign. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: ~) V DIR. INITIALS: FIN. REVIEW:~. CITY MANAGER REVIEW: Agenda Request Form o Revised 5/00 Document Name: !Airquality RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, SUPPORTING THE TEXAS CLEAN AIR WORKING GROUP (TCAWG) EFFORTS TO SEEK LEGISLATIVE SUPPORT IN REDUCING MOBILE SOURCE EMISSIONS, CREATING INCENTIVES FOR COMMERCIAL EMISSIONS REDUCTION, AND EFFECTIVE IMPLEMENTATION AND ENFORCEMENT OF THE STATE IMPLEMENTATION PLAN FOR THE NORTH TEXAS NONATTAINMENT AREA. WHEREAS, air quality impacts the public health as well as the economic health of our entire region and State; and WHEREAS, the Texas Legislature has an important role to play assisting all areas of the State to attain and maintain compliance with federal air quality standards, while maintaining a strong economy; and WHEREAS, a successful air quality compliance strategy can be accomplished through a cooperative approach in which all regions of the State -- urban, suburban and rural -- recognize their roles and stakes in the process; and WHEREAS, the integrated nature of the Texas economy provides statewide benefits when air quality compliance is achieved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS THAT: SECTION 1. The City of Coppell encourages efforts of the Texas Clean Air Working Group (TCAWG) to seek support and involvement of the 77th Texas Legislature for prudent and effective policies, strategies, and legislation, which will improve Texas air quality and meet the Federal Clean Air Act standards. SECTION 2. The TCAWG Interim Legislative Policy Statement (Exhibit A) is hereby adopted to reflect support of three priority policy areas to: (a) Develop an integrated strategy to reduce mobile source emissions; (b) Develop innovative financial incentives for commercial emissions reduction; and (c) Support the effective implementation and enforcement of the State Implementation Plan. SECTION 3. Copies of this resolution should be communicated to members of the Texas Legislative Delegation, the Dallas Regional Mobility Coalition (DRMC), the Texas Clean Air Working Group and other appointed and elected officials for consideration during the 77th Legislature. DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the day of ,2000. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: I.mBY BAll,, CITY SECRETARY ROBERT E. HZA'~, CITY ATTORNEY '~(~)~~~ AGENDA REQUEST FORM .~. -. ,~- ~ '/~'~ f~"~ CITY CO~Cm ~E~G: Au~st 22, 2000 ITEM ~ ] ~ CITY MANAGER'S REPORT A. Update on Wagon Wheel and MacArthur Parks. ~ ~i ~ '~~ CITY COUNCIL MEETING: August 22, 2000 ITEM # __~__ MAYOR AND COUNCIL REPORTS A. Report by Mayor Sheehan regarding National League of Cities Leadership Conference. B. Report by Mayor Sheehan regarding Teen Court. C. Report by Councilmember Keenan regarding a meeting with Katherine Ray of Ray and Associates. D. Report by Councilmember Peters regarding Bells Across America Celebration on September 17th. E. Report by Council member Peters regarding Senior Adult Services Gold Tournament on September 18th. E Report by Mayor Pro Tem Wheeler regarding TXU Fence Right-of-Way. CITY MANAGER'S REVIEW: