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CP 2024-09-10City Council City of Coppell, Texas Meeting Agenda 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers6:00 PMTuesday, September 10, 2024 WES MAYS KEVIN NEVELS Mayor Mayor Pro Tem JIM WALKER RAMESH PREMKUMAR Place 1 Place 5 BRIANNA HINOJOSA-SMITH BIJU MATHEW Place 2 Place 6 DON CARROLL MARK HILL Place 3 Place 7 MIKE LAND City Manager Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session at 6:00 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 E. Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. As authorized by Section 551.127, of the Texas Government Code, one or more Councilmembers or employees may attend this meeting remotely using videoconferencing technology. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: 1.Call to Order 2.Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.071, Texas Government Code - Consultation with City Attorney. Consultation with City Attorney and special legal counsel, regarding City Page 1 City of Coppell, Texas Printed on 9/6/2024 September 10, 2024City Council Meeting Agenda of Coppell, et. al. vs. Glenn Hegar, Texas Comptroller of Public Accounts. 3.Work Session (Open to the Public) 1st Floor Conference Room Citizen comments will not be heard during the Work Session, but will be heard during the Regular Session under Citizens' Appearance. A.Discussion regarding agenda items. B.Discussion regarding a new community health and wellness initiative. C.Presentation of FY 25 Work Plan. Wellness Memo.pdf FY25 Work Plan Memo.pdf FY25WorkPlan- Draft.pdf Attachments: Regular Session 4.Invocation 7:30 p.m. 5.Pledge of Allegiance Proclamations 6.Presentation of a Proclamation proclaiming the month of September as “Senior Center Month.” Proclamation.pdfAttachments: 7.Presentation of a Proclamation naming "National Night Out" on Tuesday, October 1, 2024; providing for City Council support and endorsement of National Night Out festivities. Proclamation.pdfAttachments: 8.Citizens’ Appearance 9.Consent Agenda A.Consider approval of the Minutes: August 27, 2024. CM 2024-08-27.pdfAttachments: B.Consider approval for award of a design contract with Walter P. Moore; for the design of bank stabilization repairs along Denton Creek in Andy Brown West; in the amount of $269,500.00; utilizing the Drainage Utility District (DUD) Fund; and authorizing the City Manager to sign all necessary documents. Memo.pdf Exhibit.pdf Proposal.pdf Attachments: Page 2 City of Coppell, Texas Printed on 9/6/2024 September 10, 2024City Council Meeting Agenda C.Consider approval to enter into a professional services contract with Kimley Horn Associates; for the development of a water system condition assessment plan; in the amount of $198,800.00; as budgeted in the Water/Sewer fund; and authorizing the City Manager to sign all necessary documents. Memo.pdf Scope of Services.pdf Attachments: D.Consider approval of the Fifth Amended and Restated Interlocal Cooperation Agreement by and between the City of Coppell and Denton County Transportation Authority to provide transportation services for Coppell businesses; and authorizing the Mayor to sign. Memo.pdf Interlocal Agreement.pdf Attachments: E.Consider approval of an Interlocal Agreement renewal between the City of Coppell and SPAN, Inc., for the provision of transit services for older persons, persons with disabilities, and veterans; authorizing the Mayor to sign and the City Manager to execute any necessary documents. Memo.pdf Interlocal Agreement.pdf Presentation.pdf Attachments: F.Consider approval of a purchase for the replacement of baseball spectator shade structures at the Wagon Wheel Park Baseball Complex, from Shade Structures, Inc. DBA USA Shade, in the amount of $166,180.63 as provided for the Coppell Recreation Development Corporation (CRDC) fund, with contract pricing through BuyBoard, Contract No. 679-22; and authorizing the City Manager to sign all necessary documents. Memo.pdf Quote.pdf Attachments: G.Consider award of Bid No. Q-0824-03 to Custard Construction Services for exterior painting at City recreational facilities, in the amount of $109,223.53 as budgeted in the Coppell Recreation Development Corporation (CRDC) fund; and authorizing the City Manager to sign all necessary documents. Memo.pdf Bid Tabulation.pdf Attachments: H.Consider accepting the resignation of Will Watkins from the Smart City Board. Memo.pdf Resignation.pdf Attachments: Page 3 City of Coppell, Texas Printed on 9/6/2024 September 10, 2024City Council Meeting Agenda I.Consider accepting the resignation of Taryn Natzic from the Future Oriented Approach to Residential Development (FOARD) Task Force. Memo.pdf Resignation.pdf Attachments: J.Consider approval of a Resolution of the City Council of the City of Coppell, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the Company's 2024 rate review mechanism filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the settlement; approving an attachment establishing a benchmark for pensions and retiree medical benefits; finding the rates to be set by the tariffs to be just and reasonable and in the public interest; requiring the Company to reimburse ACSC's reasonable ratemaking expenses; determining that this Resolution was passed in accordance with the requirements of the Texas Open Meetings Act; and authorizing the Mayor to sign. Memo.pdf Resolution.pdf CY23 MTX RRM - Tariffs.pdf CY23 MTX RRM - Pension Benchmark.pdf CY23 MTX RRM - Average Bill.pdf Attachments: End of Consent Agenda 10.Consider approval of awarding bid #Q-0824-01; Emergency Water System Interconnects; to Tellus Consulting, LLC; in the amount of $1,284,692.03; funded from bond funds; and authorizing the City Manager to sign all necessary documents. Memo.pdf Exhibit.pdf Bid Tabulation.pdf Recommendation of Award.pdf Attachments: 11.Consider approval of a Guaranteed Max Price Agreement between the City of Coppell (Owner) and Byrne Construction Services (Construction Manager) for the construction of City of Coppell Service Center Improvements Project; in the amount of $10,208,609.00; funded with proceeds from the Certificate of Obligation Bonds, Series 2024; and authorizing the City Manager to sign all necessary documents. Memo.pdf Proposal.pdf Attachments: 12.Consider approval of award into contract with Kleinfelder; for the materials testing services associated with the construction of the Service Center Improvements Project; in the amount of $60,475.00; funded with Page 4 City of Coppell, Texas Printed on 9/6/2024 September 10, 2024City Council Meeting Agenda proceeds from the Certificate of Obligation Bonds, Series 2024; and authorizing the City Manager to sign all necessary documents. Memo.pdf Proposal.pdf Attachments: 13.Consider approval of an Amendment to the Master Agreement with Gallagher Construction Services; for the construction management of the Service Center Improvements Project; in the amount of $409,412.00; funded with proceeds from the Certificate of Obligation Bonds, Series 2024; and authorizing the City Manager to sign all necessary documents. Memo.pdf Proposal.pdf Attachments: 14.City Manager Reports, Project Updates, Future Agendas, and Direction from Work Session 15.Mayor and Council Reports on Recent and Upcoming Events. 16.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 17.Necessary Action from Executive Session 18.Adjournment ________________________ Wes Mays, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 6th day of September, 2024, at _____________. ______________________________ Ashley Owens, City Secretary Page 5 City of Coppell, Texas Printed on 9/6/2024 September 10, 2024City Council Meeting Agenda PUBLIC NOTICE - 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 seventy-two (72) hours – three (3) business days ahead of the scheduled program, service, and/or meeting. To make arrangements, contact Kori Allen, ADA Coordinator, or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). This publication can be made available in alternative formats, such as Braille or large print, by contacting Kori Allen, ADA Coordinator, or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). Page 6 City of Coppell, Texas Printed on 9/6/2024 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7642 File ID: Type: Status: 2024-7642 Agenda Item Executive Session 1Version: Reference: In Control: City Council 09/03/2024File Created: Final Action: Exec 9/10/24File Name: Title: Consultation with City Attorney and special legal counsel, regarding City of Coppell, et. al. vs. Glenn Hegar, Texas Comptroller of Public Accounts. Notes: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7642 Title Consultation with City Attorney and special legal counsel, regarding City of Coppell, et. al. vs. Glenn Hegar, Texas Comptroller of Public Accounts. Summary Page 1City of Coppell, Texas Printed on 9/6/2024 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7633 File ID: Type: Status: 2024-7633 Agenda Item Work Session 1Version: Reference: In Control: City Council 09/03/2024File Created: Final Action: WKS 9/10File Name: Title: A.Discussion regarding agenda items. B.Discussion regarding a new community health and wellness initiative. C.Presentation of FY 25 Work Plan. Notes: Sponsors: Enactment Date: Wellness Memo.pdf, FY25 Work Plan Memo.pdf, FY25WorkPlan- Draft.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7633 Title A.Discussion regarding agenda items. B.Discussion regarding a new community health and wellness initiative. C.Presentation of FY 25 Work Plan. Summary Page 1City of Coppell, Texas Printed on 9/6/2024 1 MEMORANDUM To: Mayor and City Council From: Mike Land, City Manager Date: September 10, 2024 Reference: Discussion regarding a new community health and wellness initiative. Mayor Wes Mays will lead a discussion regarding the potential development of a new initiative. 1 MEMORANDUM To: Mayor and City Council From: Traci Leach, Deputy City Manager Date: September 10, 2024 Reference: FY25 Annual Work Plan Introduction: This agenda item is presented to obtain City Council consideration and feedback on the proposed FY25 Work Plan. Background: The proposed FY 2025 Council Goals and Staff Work Plan was developed in response to the work and direction provided by the City Council during the January 2024 Council Retreat, with some additional input around the Vision 2040 Plan. The results of the Council’s work were incorporated into the development of the proposed 2024-25 Budget and provides the direction for staff’s activities in accomplishing the Council’s stated goals for the upcoming fiscal year. The document is formatted as it has been in the past to reflect the Vision 2040 Pillars and Goals. The first column identifies the 2040 Pillar. The second column identifies the 2040 Goals as prioritized by the Council during the January retreat and in support of the specific pillar. The third column identifies the work plan objectives in support of the Council adopted pillars and goals. Work on these items will begin after October 1, 2024 with the start of the new fiscal year. Benefit to the Community: As a community, Coppell has been intentional about future planning, as reflected in Vision 2030 and Vision 2040 Strategic Plans. Over the years, City Councils have been faithful in their execution and pursuit of the goals and priorities identified in the City’s respective Strategic Plans. Continuing to focus on implementation of Vision 2040 Strategic Plan will progress our community forward. Legal Review: N/A Fiscal Impact: N/A Recommendation: This is a work session discussion, and no action is recommended. Icon Goal FY 25Work Plan Objective Responsibility Status Complete Year Two of the Allyship Initiative Evolution EX Host mini neighborhood summits CD Explore refit and refurbishment of older housing stock Explore design standards of redevelopment PW/CD Establish programs to protect the unique character of single-family community oasis nodes Explore funding options for neighborhood beautification grants CD Implement the Coppell Active Adult Network CD Explore accessory dwelling units for coverage requirements CD Explore multi-generational housing options CD Explore options to provide Old Town patrons with real-time parking information PW/ES/CD Explore wayfinding and site amenity map solutions CMO/PW Explore the creation of an Arts District designation in conjunction with the Coppell Arts Center including affordable housing for artists, maker space, art studios, and incubators CD Formalize autonomous shuttle feasibility study/partner with county PW Partner with Small Business Development Center to host a training classes for businesses in Old Town CD Include and create a special area plan into the comp plan update CD Conduct an education campaign to business about the changes to code and ordinances CD Hold public engagement about the Comprehensive Plan CD Explore findings from retail survey with retail consultant CD Encourage redevelopment of "hot spots" along commercia/retail corridors as major creativity zones Study 3-D printing center in Carrollton ES/CD Explore design standards of redevelopment PW/CD Complete the development scenarios financial modeling study CD Provide connectivity and applications to support city staff/resources ES Explore use of AI/RPA within the organization to offload repetitive tasks to technology and free employees to focus on higher value tasks ALL Pillar Five: Create Business and Innovation Nodes 2040 Strategy Pillar Four: Future-Oriented Approach to Residential Housing Pillar Three: Enhance the Unique "Community Oasis" Experience Develop a "sense of neighborhood" at an appropriate scale Explore new options for 55 plus (or aging in place) that maintain high standard of living while reducing footprint Support the Old Town area and concept Pillar 7: Apply Smart City Approach to Resource Management Build backbone of Smart Operating Systems for all resource management Explore future trends in retail and re-purposing commercial areas Work with the commercial/ warehouse district on future Version 2.0 and encourage redevelopment of ‘hot spots’ along commercial/retail corridors as major creativity zones DRAFT Icon Goal FY 25Work Plan Objective Responsibility Status Incorporate conversations about creative revenue sources and stratgies to control expenditures as part of Five Year Forecast process SFE Implement budget software to reduce OT & organization’s time spent to allow for more impact with human services SFE Explore procurement opportunities/programs to reduce cost SFE Build a benefits design strategy with a three-year plan EX Educate community about stewardship efforts CMO Complete Community Experiences Master Plan CE Complete WWTPC feasibility study CE Implement additional payment methods & keep abreast of new trends in how customers prefer to make payments SFE Provide more opportunities to engage with citizens to share information and increase knowledge of total government finances/budget/taxes SFE Begin Veterans Memorial construction CE/PW Begin dog park construction CE/PW Complete Magnolia Park trail CE/PW Begin MacArthur Park inclusive playground project CE/PW Upgrade A/V system used to broadcast public meetings CMO/ES Complete Fire Station 5 construction PW/FD Begin Royal Lane reconstruction PW Complete Service Center PW Begin Justice Center Renovation/Expansion PW/PD Complete Village Parkway Redundancy Project PW Explore 2nd water source PW Transition to compensation maintenance plan EX/SFE/CMO Roll out quarterly Camp Hedgehog for new employees EX Implement learning and development plan and provide dedicated learning opportunities for employees EX Explore strategies to integrate Smart City branding into the overall Marketing Strategy CMO Evaluate knowledge, skills, abilities needed for workforce of future All The City will maintain a quality work force to serve the community. City Services will be provided in a manner that ensures high levels of customer satisfaction As a fiduciary, the City will ensure that there are adequate financial resources to support City services. City Infrastructure will be wellmaintained and consistent with the Council's value proposition. Foundation: Sustainable Government DRAFT Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7638 File ID: Type: Status: 2024-7638 Agenda Item Proclamations 1Version: Reference: In Control: Parks and Recreation 09/03/2024File Created: Final Action: Senior Center Month ProclamationFile Name: Title: Presentation of a Proclamation proclaiming the month of September as “Senior Center Month.” Notes: Sponsors: Enactment Date: Proclamation.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7638 Title Presentation of a Proclamation proclaiming the month of September as “Senior Center Month.” Page 1City of Coppell, Texas Printed on 9/6/2024 PROCLAMATION WHEREAS, older Americans are significant members of our society, investing their wisdom and experience to help enrich and strengthen their community; and WHEREAS, the Coppell Senior and Community Center has acted as a catalyst for mobilizing the creativity, energy, vitality, and commitment of the older residents of Coppell; and WHEREAS, through the wide array of services, programs, and activities the Coppell Senior and Community Center empowers adults 50 and over of Coppell to contribute to their own health and well-being; and WHEREAS, the Coppell Senior and Community Center will continue to affirm the dignity, self-worth, and independence of adults 50 and over in Copell by tapping their experiences, skills, and knowledge and enabling their continued contributions to our community. NOW THEREFORE, I, Wes Mays, Mayor of the City of Coppell, do hereby proclaim the month of September as "SENIOR CENTER MONTH” in the City of Coppell, and I encourage all citizens to recognize the special contributions of the Senior Center members and the special efforts of the staff who work every day to enhance the well-being of the older citizens in our community. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this 10th day of September 2024. ________________________________ Wes Mays, Mayor ATTEST: _______________________________ Ashley Owens, City Secretary Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7641 File ID: Type: Status: 2024-7641 Agenda Item Proclamations 1Version: Reference: In Control: City Council 09/03/2024File Created: Final Action: NNO ProclamationFile Name: Title: Presentation of a Proclamation naming "National Night Out" on Tuesday, October 1, 2024; providing for City Council support and endorsement of National Night Out festivities. Notes: Sponsors: Enactment Date: Proclamation.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7641 Title Presentation of a Proclamation naming "National Night Out" on Tuesday, October 1, 2024; providing for City Council support and endorsement of National Night Out festivities. Summary Page 1City of Coppell, Texas Printed on 9/6/2024 PROCLAMATION WHEREAS, The National Association of Town Watch is sponsoring the 41st Annual edition of an important nationwide crime and drug prevention event on October 1, 2024, called “National Night Out;” and WHEREAS, The annual “National Night Out” provides a unique opportunity for Coppell, Texas to join forces with thousands of other communities across the country in promoting cooperative police and community drug prevention efforts; and WHEREAS, The City of Coppell is celebrating the 33rd anniversary of participating in this great crime prevention program; and WHEREAS, It is essential that all citizens of Coppell, Texas be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs, and violence in Coppell, Texas; and WHEREAS, Police-Community partnerships, neighborhood awareness and safety, and cooperation are important themes of the “National Night Out” program; and WHEREAS, Neighborhood Crime Watch plays a vital part in assisting the Coppell Police Department through joint crime prevention efforts in Coppell. NOW, THEREFORE, I, Wes Mays, Mayor of the City of Coppell, do hereby proclaim Tuesday, October 1, 2024, as “NATIONAL NIGHT OUT” in the City of Coppell, Texas. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this 10th day of September 2024. Wes Mays, Mayor ATTEST: Ashley Owens, City Secretary Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7632 File ID: Type: Status: 2024-7632 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 09/03/2024File Created: Final Action: 8/27 MinutesFile Name: Title: Consider approval of the Minutes: August 27, 2024. Notes: Sponsors: Enactment Date: CM 2024-08-27.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7632 Title Consider approval of the Minutes: August 27, 2024. Summary Page 1City of Coppell, Texas Printed on 9/6/2024 255 E. Parkway Boulevard Coppell, Texas 75019-9478 City of Coppell, Texas Minutes City Council 6:00 PM Council ChambersTuesday, August 27, 2024 WES MAYS KEVIN NEVELS Mayor Mayor Pro Tem JIM WALKER RAMESH PREMKUMAR Place 1 Place 5 BRIANNA HINOJOSA-SMITH BIJU MATHEW Place 2 Place 6 DON CARROLL MARK HILL Place 3 Place 7 MIKE LAND City Manager Wes Mays;Jim Walker;Brianna Hinojosa-Smith;Don Carroll;Kevin Nevels;Ramesh Premkumar and Biju Mathew Present 7 - Mark HillVirtual1 - Also present were Deputy City Managers Traci Leach and Kent Collins, City Attorney Bob Hager, City Secretary Ashley Owens, and Deputy City Secretary Phoebe Stell. The City Council of the City of Coppell met in Regular Session on Tuesday, August 27, 2024, at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Call to Order1. Mayor Wes Mays called the meeting to order, determined that a quorum was present and convened into the Executive Session at 6:00 p.m. Executive Session (Closed to the Public) 1st Floor Conference Room2. Section 551.071, Texas Government Code - Consultation with City Attorney. A.Consultation with City Attorney regarding Chapter 102 of the Texas Local Government Code and Chapter 26 of the Texas Tax Code. Discussed under Executive Session Page 1City of Coppell, Texas August 27, 2024City Council Minutes Work Session (Open to the Public) 1st Floor Conference Room3. Mayor Wes Mays adjourned the Executive Session at 6:24 p.m. and convened into the Work Session at 6:30 p.m. A.Discussion regarding agenda items. B.Discussion regarding Emergency Management. C.Discussion regarding Workforce Transit. Presented in Work Session Regular Session Mayor Wes Mays adjourned the Work Session at 7:13 p.m. and convened into the Regular Session at 7:30 p.m. Invocation 7:30 p.m.4. Ashley Hewitt with Church of Jesus Christ of Latter-day Saints gave the invocation. Pledge of Allegiance5. Mayor Wes Mays led the audience in the Pledge of Allegiance. Citizens’ Appearance6. Mayor Wes Mays asked for those who signed up to speak: 1)Dan Koller, 521 Anderson Avenue, spoke in regard to Coppell High School football. 2)Alex Stein, 7509 Inwood Road, spoke in regard to the Dallas Cowboys. Consent Agenda7. At the request of Mayor Pro Tem Kevin Nevels, Consent Agenda Item D was considered separately. A.Consider approval of the Minutes: August 13, 2024. A motion was made by Mayor Pro Tem Kevin Nevels, seconded by Councilmember Ramesh Premkumar, that Consent Agenda Items A, B, C, and E be approved. The motion passed by unanimous vote. B.Consider approval of an Ordinance amending the Code of Ordinances, by amending Article 8-3 “Parking”, Section 8-3-1(A) of the Code of Ordinances, by making it unlawful to stop, stand, or park a vehicle at all times on a segment of Bethel Road; and authorizing the Mayor to sign. A motion was made by Mayor Pro Tem Kevin Nevels, seconded by Councilmember Ramesh Premkumar, that Consent Agenda Items A, B, C, and E be approved. The motion passed by unanimous vote. Page 2City of Coppell, Texas August 27, 2024City Council Minutes Enactment No: OR 2024-1611 C.Consider approval of an ordinance abandoning a right of way dedication all streets, alleys, sidewalks and bridges being now private streets noted as Blackberry Drive, in favor of the property owner; and authorizing the Mayor to sign. A motion was made by Mayor Pro Tem Kevin Nevels, seconded by Councilmember Ramesh Premkumar, that Consent Agenda Items A, B, C, and E be approved. The motion passed by unanimous vote. Enactment No: OR 2024-1612 D.Consider approval to award a Design and Build Emergency Repair Contract to Knight Erosion Control, Inc., dba KEC Engineering & Construction, for design and construction of stabilization measures for a section of streambank along Cottonwood Creek in Andy Brown Central park, utilizing the Drainage Utility District (DUD) Fund, Fund Balance, in the amount of $274,143.99; and authorizing the City Manager to sign any necessary documents. Mayor Pro Tem Kevin Nevels recused himself during the discussion and vote in regard to Consent Item D. A motion was made by Councilmember Don Carroll, seconded by Councilmember Ramesh Premkumar, that Consent Item D be approved. The motion passed by unanimous vote. E.Consider approval to award Bid #Q-0824-02 LSP (Life Safety Park) Storage Expansion, for extension of the vehicle storage building, in the amount of $139,162.85, to Triton GC, LLC; and authorizing the City Manager to sign any necessary documents. A motion was made by Mayor Pro Tem Kevin Nevels, seconded by Councilmember Ramesh Premkumar, that Consent Agenda Items A, B, C, and E be approved. The motion passed by unanimous vote. End of Consent Agenda 8.PUBLIC HEARING: Consider approval of a Resolution granting a distance variance of two hundred and forty-one (241') feet to St. Ann’s Catholic Parish for a temporary event, from the 300-foot prohibited requirement, for the on-premise sale of alcoholic beverages, with an address being 180 Samuel Boulevard; and authorizing the Mayor to sign. City Secretary Ashley Owens gave a presentation to City Council. The applicant, Ken Whisler, was present to answer questions of City Council. Mayor Wes Mays opened the Public Hearing and stated that no one had signed up to speak. A motion was made by Councilmember Brianna Hinojosa-Smith, seconded by Page 3City of Coppell, Texas August 27, 2024City Council Minutes Mayor Pro Tem Kevin Nevels, to close the Public Hearing and approve this agenda item. The motion passed by unanimous vote. Enactment No: RE 2024-0827.1 9.PUBLIC HEARING: To receive public comment on the proposed 2024-25 Budget for the Coppell Crime Control and Prevention District. Director of Strategic Financial Engagement Kim Tiehen gave a presentation to City Council. Mayor Wes Mays opened the Public Hearing and stated that no one had signed up to speak. A motion was made by Councilmember Don Carroll, seconded by Councilmember Ramesh Premkumar, to close the Public Hearing. The motion passed by unanimous vote. 10.PUBLIC HEARING: To receive public comment concerning the proposed 2024-25 Municipal Budget and consider approval of an Ordinance approving and adopting the budget for the City of Coppell, Texas for the fiscal year of October 1, 2024, through September 30, 2025; and authorizing the Mayor to sign. Director of Strategic Financial Engagement Kim Tiehen gave a presentation to City Council. Mayor Wes Mays opened the Public Hearing and stated that no one had signed up to speak. A motion was made by Mayor Pro Tem Kevin Nevels, seconded by Councilmember Brianna Hinojosa-Smith, to close the Public Hearing and approve the agenda item as presented. The motion failed by the following vote: Aye - 3: Mayor Pro Tem Kevin Nevels, Councilmember Brianna Hinojosa-Smith, Councilmember Mark Hill Nay - 4: Councilmember Jim Walker, Councilmember Don Carroll, Councilmember Ramesh Premkumar, Councilmember Biju Mathew A motion was made by Councilmember Jim Walker, seconded by Councilmember Ramesh Premkumar, to close the Public Hearing and approve the agenda item with the following amendments to the proposed budget and proposed budget Ordinance: 1. Reduce property tax revenues of the General Fund by $300,000 and increase interest income of the General Fund by $300,000. The net impact on General Fund Revenues and total revenues of the City is zero Page 4City of Coppell, Texas August 27, 2024City Council Minutes 2. Decrease General Fund expenditures by $120,000 from $105,615,584 to $105,495,584. 3. Decrease total expenditures of all funds of the City from $180,057,867 to $179,937,867. The motion passed by unanimous vote. Enactment No: OR 2024-1613 11.PUBLIC HEARING: To receive public comment concerning the proposed 2024-25 tax rate of $0.462222 and consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes for the tax year 2024 at $0.462222 on each one hundred dollars ($100) assessed value of taxable property, on which $0.392071 is for operations and maintenance and $0.070151 is for interest and sinking; and authorizing the Mayor to sign. Director of Strategic Financial Engagement Kim Tiehen gave a presentation to City Council. Mayor Wes Mays opened the Public Hearing and stated that no one had signed up to speak. A motion was made by Councilmember Biju Mathew, seconded by Councilmember Jim Walker, to close the Public Hearing and amend the proposed property tax rate ordinance; and that the property tax rate be increased by the adoption of a tax rate of .458632, which is effectively a 3.96 percent increase in the tax rate. The motion passed by unanimous vote. Enactment No: OR 2024-1614 12.Consider ratification of the vote on the FY 2024-25 annual budget which results in more revenue from ad valorem taxes than the previous year. Director of Strategic Financial Engagement Kim Tiehen gave a presentation to City Council. A motion was made by Councilmember Ramesh Premkumar, seconded by Councilmember Don Carroll, to approve the agenda item. The motion passed by unanimous vote. City Manager Reports, Project Updates, Future Agendas, and Direction from Work Session 13. City Manager Mike Land gave the following report: S. Belt Line - The contractor is continuing to work on the digital sign installation. Woodhurst - The utilities are complete. They are working on paving from Duck Pond Park to Heartz. Page 5City of Coppell, Texas August 27, 2024City Council Minutes DART - Currently working on the S. Coppell Road crossing. Fire Station 5 - The grade beams are completed and the underground utilities are underway. The first big slab pour is expected in a couple of weeks. Mayor and Council Reports on Recent and Upcoming Events.14. Mayor Wes Mays gave the following report: The City is currently seeking passionate individuals to be a part of ten boards and commissions that help guide development, future needs, regulations, and more for Coppell! Applications are now open on the City website. Applications will be accepted through Friday, September 20, 2024, and must be completed during this time period to be considered. Thank you to our residents who have participated in the water conservation program this summer. The annual usage report is showing a decrease in the amount of water that has been used so far this summer. Our water conservation program is proving to be successful. Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. 15. A.Report on Metrocrest Services - Councilmember Biju Mathew Councilmember Biju Mathew gave his report on Metrocrest Services. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 16. Mayor Pro Tem Kevin Nevels announced that Coppell ISD will hold an election regarding the tax rate; information about the election can be found on the district’s website. He also clarified that the School District and the City are two separate entities. Necessary Action from Executive Session17. There was no action resulting from Executive Session. Adjournment18. There being no further business before this Council, the meeting adjourned at 9:13 p.m. Page 6City of Coppell, Texas August 27, 2024City Council Minutes ________________________ Wes Mays, Mayor ATTEST: ________________________ Ashley Owens, City Secretary Page 7City of Coppell, Texas Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7620 File ID: Type: Status: 2023-7620 Agenda Item Consent Agenda 1Version: Reference: In Control: Public Works 08/20/2024File Created: Final Action: ABW Stabilization RepairsFile Name: Title: Consider approval for award of a design contract with Walter P. Moore; for the design of bank stabilization repairs along Denton Creek in Andy Brown West; in the amount of $269,500.00; utilizing the Drainage Utility District (DUD) Fund; and authorizing the City Manager to sign all necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Exhibit.pdf, Proposal.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7620 Title Consider approval for award of a design contract with Walter P. Moore; for the design of bank stabilization repairs along Denton Creek in Andy Brown West; in the amount of $269,500.00; utilizing the Drainage Utility District (DUD) Fund; and authorizing the City Manager to sign all necessary documents. Summary Fiscal Impact: The fiscal impact of this agenda item is $269,500 from the fund balance of the Drainage Utility District (DUD) Fund. Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 9/6/2024 Master Continued (2023-7620) Page 2City of Coppell, Texas Printed on 9/6/2024 1 MEMORANDUM To: Mayor and City Council From: Aaron Tainter, P.E., Assistant Director of Public Works Mike Garza, P.E., Director of Public Works Date: September 10, 2024 Reference: Consider approval for award of a design contract to Walter P. Moore; for construction plans of stabilization measures for two sections of streambank along Denton Creek in Andy Brown West Park; utilizing the Drainage Utility District (DUD) Fund, Fund Balance, in the amount of $269,500.00; and authorizing the City Manager to sign all necessary documents. 2040: Sustainable Government Introduction: The purpose of this agenda item is to request approval for a design contract to Walter P. Moore for construction plans of stabilization measures for two sections of streambank along Denton Creek in Andy Brown West Park; utilizing the Drainage Utility District (DUD) Fund, in the amount of $269,500; and authorizing the City Manager to sign all necessary documents. Background: This project involves designing permanent stabilization measures for two sections of streambank along Denton Creek in Andy Brown West Park. This erosion is a threat to the concrete trail along the south of the creek and given that this area of Denton Creek is located on city-owned property, the city is responsible for maintenance and repair. One of the areas includes the site of a temporary repair completed this spring where a tree fell into Denton Creek. This project is for design purposes only. The actual construction of the permanent stabilization measures will be awarded at a subsequent meeting. Benefit to the Community: The streambank stabilization measures will protect the Andy Brown West Park trail facilities, prevent further erosion and reduce downstream sedimentation allowing the community to continue enjoying these amenities. 2 Legal Review: Standard professional services agreements are periodically reviewed by the City Attorney. Fiscal Impact: The fiscal impact of this agenda item is $269,500 from the Drainage Utility District (DUD) Fund, fund balance. Recommendation: The Public Works Department recommends approval of this contract. Proposed Trail Bank Stabilization, Andy Brown Park West City of Coppell Created in CIVIL3D 1 INCH = 1 MILE 0 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2024.dwg\ABW DENTON CREEK Created on: 3 September 2024 by Scott Latta 1/2 1/2 1 1 INCH = FT. 0 200 200 100 Proposed Trail Bank Stabilization, Andy Brown Park West City of Coppell Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2024.dwg\ABW DENTON CREEK Created on: 3 September 2024 by Scott Latta 2/2 AREA OF PROPOSED TRAIL BANK STABILIZATION D E N T O N C R E E K N DENTON TAP RD PROFESSIONAL SERVICES AGREEMENT PAGE 1 OF 4 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF COPPELL, TEXAS, AND WALTER P MOORE FOR THE ANDREW BROWN WEST PARK – DENTON CREEK STABILIZATION PROJECT This Agreement for Professional Services, hereinafter called “Agreement,” is entered into by the City of Coppell, Texas, a municipal corporation, duly authorized to act by the City Council of said City, hereinafter called “City,” and Walter P Moore, a Texas corporation, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional services to City. City and Consultant when mentioned collectively shall be referred to as the “Parties.” W I T N E S S E T H: WHEREAS, City desires to obtain professional engineering services in connection with the ANDREW BROWN WEST PARK – DENTON CREEK STABILIZATION PROJECT, hereinafter called “Project”; For the mutual promises and benefits herein described, City and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under the same or similar circumstances by competent members of their profession in the locality. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders; however, the City understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4. Compensation of Consultant. City agrees to pay to Consultant for satisfactory completion of all services included in this Agreement a total fee of $269,500.00 for the Project as set forth and described in Exhibit B – Compensation/Pricing Schedule and incorporated herein as if written word for word. Lump sum fees shall be billed monthly based on the percentage of completion. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. Direct Costs for expenses such as mileage, copies, scans, sub-consultants, and similar costs are included in fees and shall be billed as completed. Consultant agrees to submit statements to City for professional services no more than once per PROFESSIONAL SERVICES AGREEMENT PAGE 2 OF 4 month. These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred, if any, and City shall endeavor to make prompt payments. Each statement submitted by Consultant to City shall be reasonably itemized to show the amount of work performed during that period. If City fails to pay Consultant within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written notice to City, suspend professional services until paid. Nothing contained in this Agreement shall require City to pay for any work that is unsatisfactory as reasonably determined by City or which is not submitted in compliance with the terms of this Agreement. The Scope of Services shall be strictly limited. City shall not be required to pay any amount in excess of the original proposed amount unless City shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. 5. City’s Obligations. City agrees that it will (i) designate a specific person as City’s representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special City requirements, or other pertinent information known to City, when necessitated by a project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance of Consultant’s work for City, (iv) make prompt payments in response to Consultant’s statements, and (v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all information and services provided by City or City’s representatives. 6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of payment in full therefore, Consultant agrees to provide City with copies of all materials and documents prepared or assembled by Consultant under this Agreement and City may use them without Consultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at City's risk. Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for the work it performs for City. 7. City Objection to Personnel. If at any time after entering into this Agreement, City has any reasonable objection to any of Consultant’s personnel, or any personnel, professionals and/or consultants retained by Consultant, Consultant shall promptly propose substitutes to whom City has no reasonable objection, and Consultant’s compensation shall be equitably adjusted to reflect any difference in Consultant’s costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies. Consultant shall submit to City proof of such insurance prior to commencing any work for City. 9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, PROFESSIONAL SERVICES AGREEMENT PAGE 3 OF 4 INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. IN THE EVENT THAT CITY AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS. 10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by personal delivery, in writing, or by registered or certified mail to the following addresses: Walter P Moore Ernest Fields, P.E. Senior Principal 500 N. Akard, Suite 2300 Dallas, TX 75201 City of Coppell Michael Garza, P.E. Director of Public Works 265 Parkway Blvd Coppell, TX 75019 11. Termination. The obligation to provide further services under this Agreement may be terminated by either Party in writing upon thirty (30) calendar days’ notice. In the event of termination by City, Consultant shall be entitled to payment for services rendered through receipt of the termination notice. 12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to anyone except City and Consultant, and contains the entire agreement between the Parties. Oral modifications to this Agreement shall have no force or effect. 13. Assignment and Delegation. Neither City nor Consultant may assign their rights or delegate their duties without the written consent of the other Party. This Agreement is binding on City and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any City officer, employee or agent. 14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision had never been contained herein. 15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirements of the City Charter and the City’s Code of Ordinances and will abide by the same. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ. 16. Venue. The Parties herein agree that this Agreement shall be enforceable in Coppell, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Dallas County, Texas. PROFESSIONAL SERVICES AGREEMENT PAGE 4 OF 4 17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non-binding mediation. 18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 19. Signatories. City warrants and represents that the individual executing this Agreement on behalf of City has full authority to execute this Agreement and bind City to the same. Consultant warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Consultant to same. IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of _______________________, 20____. Walter P Moore By: Signature Ernest Fields, P.E. Printed Name Senior Principal Title Date CITY OF COPPELL, TEXAS By: Signature Printed Name Title Date August 30, 2024 EXHIBIT A: SCOPE OF SERVICES SCOPE OF CIVIL ENGINEERING SERVICES PROJECT DESCRIPTION The project includes stabilization of three sections of streambank along Denton Creek in Coppell, Texas. Erosion has been observed at multiple locations near Andrew Brown Park West just upstream of Denton Tap Road. The following improvements will be included: Location A: The south bank of the channel has experienced slope movement creating safety concerns and potential damage to the park trail. A gabion wall and/or other streambank stabilization devices will be designed to stabilize the slope and to protect the existing trail. A consideration for the design will be to relocate the trail. Location B: The south bank of the channel is experiencing erosion that threatens the existing trail upstream of Denton Tap bridge. A gabion wall and/or other streambank stabilization devices will be constructed to stabilize the slope and to protect the existing trail. A consideration for the design will be to relocate the trail. Limits of study are shown in Exhibit C. Should the City of Coppell (CITY) wish to include design of additional repair recommendations, additional services will be required. The scope of services for this project will generally be to provide surveying, geotechnical investigation, USACE Section 404 Permitting, structural design, grading plan, cost estimates, erosion control and prepare construction plans, details and special specifications and bidding documents required for construction of these improvements. Limited construction phase services are also included in the project services. PRE-PROJECT SERVICES I. Emergency repair support A. Provide engineering support to the CITY as it pertains to the coordination of a temporary emergency repair in the spring of 2024. BASIC SERVICES II. Schematic and Preliminary Engineering Design A. Project Management and Oversight 1. Provide Project Management services including project coordination and communications with CITY, subconsultant coordination, monthly status updates, and maintaining a project schedule, assuming a 180 (calendar) day task order duration. 2. Attend meetings with CITY which will include the project kickoff and 60% design review. 3. QA/QC – Perform internal review of 30% and 60% submittals. CITY OF COPPELL – Andrew Brown Park West Stream Stabilization SCOPE OF CIVIL ENGINEERING SERVICES Page 2 of 16 B. Data Collection 1. Site Visits – Perform engineering field visit for the project location during development of design. 2. Existing Data Review - coordinate with CITY staff to obtain record documents, as-builts, utility plans, street plans, plats, existing easement information, and the like for the project area. C. Schematic Design Plans (30%) 1. Provide a schematic plan view of the improvements needed to correct erosion and to stabilize the channel. Determine general dimensions of the heights and lengths of the improvements. 2. Provide an initial construction cost estimate of the improvements for budgetary purposes. D. Preliminary Design (60%) 1. Prepare Preliminary Plans a) Establish preliminary horizontal and vertical alignment of repairs. b) Prepare cross-sections of proposed erosion protection indicating the general orientation of the improvements with respect to the channel. c) Establish design concepts for repair of areas of poor drainage and erosion. d) Locate utility crossings, adjacent utilities, and other improvements within a limit of twenty feet beyond the proposed improvement at each site. (1) Contact franchise utility companies such as gas, telephone, cable TV, and electricity to obtain record information for horizontal and vertical data for their facilities. Identify which utilities must be protected or relocated. (2) Tie locations of exposed utilities to the local control network. When underground utilities are uncovered, tie locations to the local control network. e) Establish preliminary easement needs including permanent and temporary construction easements. Show all existing easements on the plans. f) Document and photograph current channel conditions and identify potential locations of construction access and staging. CITY OF COPPELL – Andrew Brown Park West Stream Stabilization SCOPE OF CIVIL ENGINEERING SERVICES Page 3 of 16 2. Prepare a preliminary opinion of probable cost for the proposed solution. The purpose of the opinion is to confirm that the project is in general accordance with the construction budget. It is not a guarantee of the construction cost. 3. Submit to CITY electronic copy (pdf) of preliminary plan drawings. 60% plans submittal will contain Cover Sheet, Temporary Erosion Control and Tree Protection, General Notes, Typical Details, Plan, and Sections of the proposed structure. 4. Meet with CITY to review and discuss the preliminary plan drawings and engineering comments. 5. Distribute one set of preliminary drawings to local utility companies to obtain information regarding impacts to their facilities. III. H&H Modeling and Documentation A. Data Collection 1. Obtain topographic LiDAR data to supplement field survey. 2. Obtain existing hydraulic model of Denton Creek from City of Coppell B. Existing Conditions 1. Add cross-sections to existing hydraulic model in locations relevant to proposed project. 2. Pre-Project conditions hydraulic results will be reviewed and velocities defined for the impacted reaches of the creek. C. Proposed Conditions 1. Using the existing conditions models as a base, update cross-section geometries to reflect preliminary proposed design. It is anticipated that no changes to hydrology will be required. 2. Coordinate with Civil Engineer on necessary modifications to the Post- Project design to arrive at a final engineering design. 3. Update the Post-Project Conditions HEC-RAS model to confirm that the proposed solution does not adversely affect stream hydraulics (100-year water surface elevation, valley storage, or stream velocities). D. Documentation 1. Prepare a memo describing the source of the hydraulic data, the changes incorporated into the models to represent proposed conditions, and documenting changes to water surface elevation, velocity, and channel volume below the 100-year water surface elevation. Describe design improvements implemented to offset any impacts caused by the project. 2. Prepare graphic exhibits to show the areas of proposed modifications and the limits of the 100-year floodplain associated with the proposed project. 3. Submit a draft memorandum, models, and documentation to the City of Coppell, accompanying the 60% level engineering construction plans. CITY OF COPPELL – Andrew Brown Park West Stream Stabilization SCOPE OF CIVIL ENGINEERING SERVICES Page 4 of 16 4. Following receipt of Drainage Study and Construction Plans comments, address comments and submit final drainage study to accompany final construction drawings submittal. 5. Address up to two rounds of comments, including changes in alignment of proposed improvements, to obtain City of Coppell acceptance of documentation E. Documentation & Review 1. Provide a memo documenting that the proposed project does not adversely affect stream hydraulics. The report will include a written narrative and summary output tables. 2. Provide hydraulic workmap exhibits showing existing and proposed floodplains. 3. Respond to comments from CITY. IV. Final Engineering Design A. Project Management and Oversight 1. Provide Project Management services including project coordination and communications with CITY, subconsultant coordination, monthly status updates, and maintaining a project schedule, assuming a 180 (calendar) day task order duration. 2. Attend meetings with CITY which will include the 90% design review. 3. QA/QC – Perform internal review of 90% and 100% submittals. B. Final Design (90% and 100% Sealed Submittals) 1. Meet with CITY to discuss the preliminary design submittal and incorporate comments from into final design plans. 2. Finalize plan for proposed improvements. 3. Revise preliminary plans and incorporate comments from CITY. 4. Incorporate comments from the utility companies. If necessary, coordinate with utility companies to locate and uncover utilities which conflict with the proposed erosion control structure. Tie the location of uncovered utilities to the local control network. 5. Incorporate standard details into the plans and prepare additional details as required. 6. Prepare final technical specifications for the erosion control structures. C. Revise the quantity estimate and prepare a revised estimate of probable construction cost based on the final design of the project. D. Update hydraulic model and documentation to reflect final design. CITY OF COPPELL – Andrew Brown Park West Stream Stabilization SCOPE OF CIVIL ENGINEERING SERVICES Page 5 of 16 E. Assist in preparing final bid documents. CITY will provide standard contract documents for preparation of the project manual. The following information to be supplied by the Engineer shall include: 1. One copy of the finalized technical specifications. 2. Project specific information for use with CITY standard construction agreement form, including the notice to contractors, bid proposal and contract bid schedule forms. 3. Electronic (pdf) set of final drawings. F. Coordinate between owners and CITY regarding this access and CITY preparation of temporary access and construction easements, if required. Engineer will provide the Contractor and CITY with site access information and agreement concepts. G. Provide necessary Storm Water Pollution Prevention Concept Plans in accordance with CITY requirements. V. Construction Administration A. The Engineer will assist CITY in the advertisement for bids--prepare Notice to Bidders for required newspaper advertising --and place notice with Texas Contractor magazine and Dodge Report. B. Attend the pre-bid conference. C. Attend the bid opening and provide tabulation and analysis of the bids received and furnish recommendations on the award of the contract or the appropriate action to be taken by CITY. 1. Evaluate the lowest and second lowest bidder. Bid evaluation will include the contractor’s: a) Past work history b) Financial resources c) Physical resources to produce the project 2. Provide a summary of the bid analysis to CITY for use in selection and award of the construction project. D. Assist CITY staff in conducting one pre-construction conference with the Contractor. E. Assist CITY in arranging for testing of materials and laboratory control during construction, which is to be conducted at CITY’s expense. F. Perform two site visits to the site each month (maximum of 12 total visits) to observe the progress and the quality of work and to attempt to determine if the work is proceeding in accordance with the Contract Documents. If the Engineer is requested to visit the site more frequently, the requested visits shall be considered an Additional Service. In performing the services above, the Engineer CITY OF COPPELL – Andrew Brown Park West Stream Stabilization SCOPE OF CIVIL ENGINEERING SERVICES Page 6 of 16 will endeavor to protect CITY against defects and deficiencies; however, it is understood that the Engineer does not guarantee the Contractor’s performance, nor is the Engineer responsible for supervision of the Contractor’s operation and employees. The Engineer shall not be responsible for the acts or omissions of any person at the Project sites or otherwise performing any of the work of the Project. G. Review concrete mix design, samples, catalog data, shop drawings, laboratory tests, shop mill tests of material and test equipment and other submittal information to assure conformity with construction plans. Provide written responses to requests for information or clarification. H. Attend coordination meetings with contractors, inspection personnel, and City representatives. I. The Engineer will, with assistance from CITY Inspector on the project(s), prepare and process monthly and final pay requests from the Contractor(s) to CITY. J. Interpret intent of the drawings and technical specifications for CITY and the Contractor. Respond to contractor's verbal technical questions. K. Conduct, in company with CITY representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Contract Documents. L. Revise the construction drawings in accordance with the information furnished by construction Contractor reflecting the changes in the Project made during construction. The Engineer shall submit one set of “as-builts” to the Engineering Inspector for review and approval. Upon approval, CITY shall have the drawings processed in the following quantities and formats: 1. Electronic (pdf) set of plans shall be submitted to the Engineering Department from Design Engineer. 2. Updated digital files of the new construction for use in CITY computerized mapping system. SPECIAL SERVICES I. Field Survey – WPM will contract with Weaver Consultants Group for these services. Each location shall include as follows: A. PREPARATION OF BATHYMETRIC SURVEY 1. Establish a horizontal and vertical control network and control baselines for the project area using GPS. (NAD83 (2011) Texas State Plane, North Central Zone, FIPS 4202, US FEET and NAVD88) and will tie into a FEMA ERM if possible. 2. Due to thick woods and brush, it will be necessary to cut line to the creek bank and water’s edge as necessary to acquire topographical survey data at appropriate intervals. 3. Perform topographic survey to map edge of water, top of slope, and current water elevation. 4. Perform bathymetric survey on a semi-regular grid spacing using remote- controlled GPS depth-sounder boat. CITY OF COPPELL – Andrew Brown Park West Stream Stabilization SCOPE OF CIVIL ENGINEERING SERVICES Page 7 of 16 5. Develop CAD surface model of creek bottom based on bathymetric data. 6. Collect ordinary high-water markings as provided by other third-party experts. 7. This survey will be performed only within the limits of Areas A, B, and C as shown on the attached Exhibit C. Deliverables: 3D CAD file with surface model of existing creek bottom B. PREPARATION OF TOPOGRAPHIC SURVEY 1. Establish a horizontal and vertical control network and control baselines for the project area using GPS, or provided previous design control. WCG will attempt to reestablish original site control as provided by client. a) If on Texas State Plane system, a Grid to Surface scale factor will be provided. b) Benchmark information will be provided for benchmarks used in this effort. 2. All existing visible improvements on and immediately adjacent to project limits, including edges of pavement, curb, gutter, abutments, rip rap, natural ground elevations, visible erosion damage, grade breaks, fences, etc. 3. Due to thick woods and brush, it will be necessary to cut line to navigate the project area. Trees 6” and larger within the limited topographic survey areas shown on Exhibit A. 4. Elevations within limits of observed topographic features, breaklines, tops and toes of ground, erosion/scour areas, as necessary to produce an accurate and representative 3D CAD surface suitable for engineering design purposes. 5. Location of visible on-site utilities including tops and flow lines of inlets, manholes, and water valves. 6. Property boundary lines will be shown in their approximate location based on boundary corners found in the field. Not a boundary survey. 7. Produce, review, and deliver 3D TIN surface in Civil 3D for client’s use in engineering plan set. 8. This survey will be performed only within the limits of Areas A, B, and C, and/or to fill in the “Gap Areas” between Areas A-C and the bridge. Deliverables: 3D CAD file with surface model of existing ground II. Geotechnical Engineering – WPM will contract with Reed Engineering for these services. Field Investigation – Considering the scope of services, the type of structures, and anticipated site geology, it is recommended subsurface conditions be evaluated with a total of seven sample borings including five truck-mounted rig borings and two borings drilled with portable, hand-held drilling equipment. A. The truck-mounted rig borings will be extended 5 feet into unweathered shale, or to a depth of 30 feet, whichever occurs first. Boring depths of 30 feet are estimated for the truck-mounted rig borings. The borings drilled with portable, hand-held drilling equipment will be extended to the limiting depth of the equipment. Boring depths of 15 feet are estimated for the hand -drilled borings. The truck-mounted rig borings will be sampled continuously to a depth of six feet, and at maximum five-foot intervals thereafter. Samples of cohesive soils will be CITY OF COPPELL – Andrew Brown Park West Stream Stabilization SCOPE OF CIVIL ENGINEERING SERVICES Page 8 of 16 obtained using three-inch diameter pushed tubes. Cohesionless soils (sands and gravels) will be sampled and evaluated in-situ by use of the Standard Penetration test (SPT). Unweathered shale, if encountered, will be evaluated in-situ using the Texas Department of Transportation (TxDOT) cone penetrometer. The hand- drilled borings will be sampled continuously to completion using pushed tubes. Observations will be made in the open borings subsequent to drilling to evaluate ground water conditions. Borings will be backfilled with drill cuttings at the completion of field operations. Settlement of boreholes may occur over time. Reed Engineering Group, Ltd. will not be responsible for any settlement of boreholes that may occur after initial backfilling. Precautions will be taken during the field investigation to avoid damage to underground utilities and structures. However, Reed Engineering Group, Ltd. will not be liable for damage to utilities or structures not identified on plans provided to us, or improperly located in the field by other parties. Reasonable precautions will also be taken to avoid damage to surface improvements (such as concrete flatwork, landscaping, and irrigation systems). However, Reed Engineering Group, Ltd. will not be liable for damage to surface improvements that may occur during the course of the field investigation. Borings will be field-located using GPS (Global Positioning System) technology. The accuracy of our unit is reportedly within plus or minus one meter. B. Laboratory Investigation – Samples will be visually classified by the project engineer or engineering geologist in accordance with the Unified Soil Classification System (USCS). Each sample of cohesive soil will be evaluated for consistency by use of a pocket penetrometer test. Selected samples will be subjected to classification tests and tests to evaluate strength and deformation characteristics. Anticipated classification tests consist of Atterberg Limits, moisture content, and partial grain size determinations. Strength and deformation will be evaluated by use of unconfined compression tests. C. Engineering Services – The results of the field and laboratory investigations will be evaluated and presented with recommendations in a bound report. The report will address the following: 1. description of the soil and ground water conditions as they relate to the performance and construction of the project. 2. foundation alternatives to include constructability and magnitude of anticipated movement; 3. lateral earth pressures for design of retaining walls; 4. recommendations for design or permanent soil nails or rock anchors, including allowable pull-out; and 5. earthwork and testing recommendations. III. USACE Section 404 Permitting – WPM will contract with VRX for these services. A. Delineations of the boundaries of wetlands and other features will be conducted within the approximate City of Coppell Andrew Brown Park West Erosion project areas as shown on Exhibit C. 1. VRX will perform a field investigation of the proposed project areas to determine the extent of observed water features. VRX will follow the 1987 U.S. Army Corps of Engineers (USACE) Wetlands Delineation Manual and March 2010 USACE Regional Supplement to the Corps of Engineers Wetland CITY OF COPPELL – Andrew Brown Park West Stream Stabilization SCOPE OF CIVIL ENGINEERING SERVICES Page 9 of 16 Delineation Manual to delineate wetlands, other regulations (e.g., 33 CFR 328.3(e)), guidance to delineate non-wetland water features, and in accordance with the Supreme Court’s decision in Sackett v. EPA and amendments to 40 CFR 120.2 and 33 CFR 328.3 regarding the revised definition of waters of the U.S. 2. Water features will be flagged and mapped using a Global Positioning System (GPS). The GPS system is capable of sub -meter accuracy. B. Waters of the U.S. Delineation Report – Information gathered during the delineation will be incorporated into the Water Feature Delineation Report. This report will be prepared in accordance with USACE guidelines and shall include the following: 1. General purpose statement regarding the Water Feature Delineation Report. 2. Methods Used: a) Description of the approach used to delineate wetlands and other water features. b) Description of the conventions used to map the limits of wetlands and other water features. 3. Results of the Delineation: a) Vicinity map depicting the locations of the sites and showing the limits of the site investigated. b) Approximate size of areas evaluated for WOTUS. c) Name and characterization of the nearest waterway. d) Description of physical features of the properties. e) Information on existing site conditions for present and past land uses. f) Characterization of hydrology. g) Identification of named waterways. h) Characterization of vegetative communities and dominant species. i) Characterization of soils. j) Description of riparian or upland buffer features. k) Photographs with the date that the photos were taken. l) 100-year floodplain map with project area defined. m) Aerial photograph with project areas defined. n) USGS 7.5-minute topographic quad with project areas defined. 4. Conclusions: a) Description of size/dimensions of WOTUS, such as linear feet and approximate distance between ordinary high-water marks for open waters (streams). b) Map depicting potential WOTUS with the type (e.g., forested wetland) within the project area. C. Impact Assessment & Permitting Scenario Letter – VRX will review design plans provided by Walter P. Moore to evaluate impacts to WOTUS, as identified and delineated in the Water Feature Delineation Report. VRX will calculate impacts and provide appropriate Section 404 permitting scenarios. The particular type of permit will be determined as design plans are developed. A letter will be provided addressing the impacts assessment and the permit scenario for the project. CITY OF COPPELL – Andrew Brown Park West Stream Stabilization SCOPE OF CIVIL ENGINEERING SERVICES Page 10 of 16 D. USACE Nationwide Permit Preconstruction Notification – If necessary, VRX shall provide Walter P. Moore with a PCN for the project, including the following, as appropriate: 1. The purpose of, and need for, the project. 2. A delineation, proposed determination, and characterization of wetlands and other water features, and a description of the project’s likely impacts on the aquatic environment, including a brief characterization of each impact to WOTUS. 3. Maps clearly showing all known temporary and permanent elements of the project. 4. Detailed plan, profile, and cross-sections views of all work (with ordinary high-water mark or wetland boundary shown) 5. A written discussion of alternatives considered and rationale for selected alternative. 6. An assessment of the adverse and/or beneficial effects of the proposed project. 7. Documentation that the amount of area impacted is the minimum necessary to accomplish the project, anticipated impacts due to changes in preconstruction contours, and documentation that changes would not result in more than minimal adverse impacts on the aquatic environment. 8. A discussion of threatened and/or endangered species for the project area. 9. A discussion documenting whether any cultural resources would be affected by, or are in the vicinity of, the permit area. Cultural resources within the project corridor will be assessed using the Texas Historical Commission’s (THC) electronic Texas Review and Compliance (eTRAC) system. Note, if investigation by an archeologist is required, VRX will request this as additional services and will subcontract this activity. 10. Information on hydrology and hydraulics. E. Compensatory Mitigation – If the USACE requires compensatory mitigation, the mitigation plan will include the following, as appropriate: 1. A discussion of the goals and objectives. 2. A discussion of efforts to avoid and minimize impacts to WOTUS. 3. A discussion of the alternatives that were considered for the proposed project. 4. A discussion of the direct and indirect permanent and temporary adverse project impacts to WOTUS both on-site and off-site. 5. A table summarizing the WOTUS impacts. 6. A functional analysis discussion of the WOTUS that would be adversely impacted by the proposed project. 7. Proposed mitigation banking credits. IV. Aerial Drone Creekbank LiDAR Survey – WPM will contract with Smartdrone for these services. A. In field collection (aerial & RTK check shots) B. Set OPUS corrected control point (if none given) C. Set orthomosaic ground elevation targets. D. Deliverables: 1. 1’ Contours as DWG file, 2. Orthomosaic (<2cm ALTA Horizontal Accuracy, TIF) 3. 2D Planimetrics & Linework CITY OF COPPELL – Andrew Brown Park West Stream Stabilization SCOPE OF CIVIL ENGINEERING SERVICES Page 11 of 16 ADDITIONAL SERVICES Additional Services to be performed by Engineer, if authorized by CITY, which are not included in the above-described basic services, are described as follows: A. Assisting CITY with public meetings or hearings to inform residents; B. Performing title searches and examination of deed records; C. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications; D. Providing full time site inspection during construction of the project; E. Performing designs for trench safety and retaining walls, etc. which are not included in the above Scope of Services; F. Revisions to plans as result of revisions after completion of original final design (unless to correct error on original plans); G. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including preparation of engineering data and reports for assistance to CITY; H. Assisting CITY in claims disputes with the Contractor(s); I. Assisting CITY in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by Engineer on a fee basis negotiated by the respective parties outside of and in addition to this Agreement; J. Providing ROW surveys or dedications, easement documents, boundary surveys, plats, elevation certificates, environmental assessments and surveys, and SUE; K. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance other than listed in the above Scope of Services, and other assistance required to address environmental issues; L. Any Corps of Engineers work including but not limited to meetings with the Corps of Engineers staff, wetlands mitigation, Individual Permitting or any other work not listed in the Scope of Services; M. Attending homeowners and/or Council meetings including preparation of all displays, reports, or other data for use at such meetings; N. Preparation of plans and/or specifications related to the relocation of utilities; O. Fees for permits and advertising; CITY OF COPPELL – Andrew Brown Park West Stream Stabilization SCOPE OF CIVIL ENGINEERING SERVICES Page 12 of 16 P. Flood plain reclamation plans; Q. Consulting services by others not included in proposal; R. Inspection and testing services during construction; S. Preparation and processing monthly or final construction pay estimates. T. Determination of a floodway or Preparation of a Request for Letter of Map Revision or Conditional Letter of Map Revision, or any work pertaining to it. U. Mussel Survey & Relocation CITY OF COPPELL – Andrew Brown Park West Stream Stabilization SCOPE OF CIVIL ENGINEERING SERVICES Page 13 of 16 City of Coppell Andrew Brown Park West Stream Stabilization Fee Schedule Pre-project Services Emergency Repair Support $8,500 Basic Services Fee 30% Submittal Project Management (Cost Estimate, Meetings, QC, etc.) $15,510 Schematic Design $29,800 Schematic Drafting $16,500 60% Submittal Project Management (Cost Estimate, Meetings, QC, etc.) $13,380 Preliminary Design $27,615 Preliminary Drafting $7,920 90% Submittal & 100% Sealed Submittal Project Management (Cost Estimate, Meetings, QC, etc.) $13,600 Final Design $16,770 Final Drafting $6,600 Hydraulic Modeling & Memo $30,260 Construction Administration Project Management (Meetings, Submittal Reviews, etc) $7,100 As-Builts $1,665 Site Visits $4,150 Final Walk Through $1,710 Basic Services Fee $192,580 Basic Services Fee Summary Schematic Engineering $61,810 Preliminary Engineering $48,915 Final Engineering $67,230 Construction Admin $14,625 Special Services Geotechnical Study $8,000 Topographic Survey $27,920 Topo Survey Gap Areas $8,900 Environmental Delineation & Impact Assessment $23,000 Reimbursables $600 TOTAL FEE $269,500 Exhibit B CITY OF COPPELL – Andrew Brown Park West Stream Stabilization SCOPE OF CIVIL ENGINEERING SERVICES Page 14 of 16 Exhibit C CITY OF COPPELL – Andrew Brown Park West Stream Stabilization SCOPE OF CIVIL ENGINEERING SERVICES Page 15 of 16 CITY OF COPPELL – Andrew Brown Park West Stream Stabilization SCOPE OF CIVIL ENGINEERING SERVICES Page 16 of 16 TaskWeek 1Week 2Week 3Week 4Week 5Week 6Week 7Week 8Week 9Week 10Week 11Week 12Week 13Week 14Week 15Week 16Week 17Week 18Week 19Week 20Week 21Week 22Week 23Week 24Week 25Week 26Week 27Week 28Week 29Week 30Week 31Week 32Week 33Week 34Week 35Week 36Week 37Week 38Week 39Week 40Week 41Week 42Week 43Week 44Notice to ProceedSchematic DesignProject KickoffSurveyEnvironmental30% Design and DraftingSubmit to CityCity ReviewMeet with CityPreliminary Design60% Design and DraftingSubmit to CityCity ReviewMeet with CityH&H StudyPreliminary ModelingSubmit to CityCity ReviewMeet with CityFinal Modeling Submit to CityFinal Design90% Design and DraftingSubmit 90% to CityCity ReviewAddress City CommentsFinal DesignSubmit Final CDs to City35 Calendar Days44 Weeks133 Calendar Days70 Calendar Days84 Calendar DaysCity of CoppellAndrew Brown Park West Stream StabilizationDesign Schedule Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7637 File ID: Type: Status: 2024-7637 Agenda Item Consent Agenda 1Version: Reference: In Control: Public Works 09/03/2024File Created: Final Action: Water System Cond. AssessmentFile Name: Title: Consider approval to enter into a professional services contract with Kimley Horn Associates; for the development of a water system condition assessment plan; in the amount of $198,800.00; as budgeted in the Water/Sewer fund; and authorizing the City Manager to sign all necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Scope of Services.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7637 Title Consider approval to enter into a professional services contract with Kimley Horn Associates; for the development of a water system condition assessment plan; in the amount of $198,800.00; as budgeted in the Water/Sewer fund; and authorizing the City Manager to sign all necessary documents. Summary Fiscal Impact: The fiscal impact of this item is $198,800 as budgeted in the water/sewer fund. Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 9/6/2024 1 MEMORANDUM To: Mayor and City Council From: James Meier, P.E., Assistant Director of Public Works Mike Garza, P.E., Director of Public Works Date: September 10, 2024 Reference: Consider approval to enter into a professional services contract with Kimley Horn Associates in the amount of $198,800.00 for the development of a water system condition assessment plan; as budgeted from the Water/Sewer fund; and authorizing the City Manager to sign all necessary documents. 2040: Sustainable Government Introduction: The purpose of this agenda item is to consider approval to enter into a professional services contract with Kimley Horn Associates in the amount of $198,800.00, for the development of a water system condition assessment plan, as budgeted from the water/sewer fund. Background: In 2015, staff began developing an asset management plan for the utility infrastructure which includes the sanitary sewer system, water system, and storm drainage system. A key component of this plan is conducting condition assessments to establish maintenance and replacement schedules. The city has completed condition assessments of the sanitary sewer and portions of the storm sewer as these gravity-fed systems are relatively easy to inspect. However, the water system is pressurized making the required inspection technology more complex and less cost-effective. This contract, referred to as Phase 1 (the planning phase), involves assistance in determining the best approach for conducting condition assessments of the water system at specific locations and selecting appropriate methods. It also includes support in developing a replacement strategy for smaller lines, such as those in residential neighborhoods. Additionally, this contract will provide a condition assessment of the pumps at our pump station. Following this contract, Phase 2 (the implementation phase) would involve performing the system- wide condition assessments. Phase 3 (construction phase) would then focus on designing and constructing any improvements identified through these assessments. 2 Benefit to the Community: To provide sustainable government, the development of a condition assessment plan for our water infrastructure will help us understand the current condition of the water distribution system, prioritize maintenance and future line replacements, and improve water system operations. Legal Review: Standard professional services agreements are periodically reviewed by the City Attorney. Fiscal Impact: The fiscal impact of this item is $198,800.00, as budgeted in the water/sewer fund. Recommendation: Public Works recommends approval of this contract. Page 1 of 6 ATTACHMENT A SCOPE OF SERVICES PROJECT NAME: Water System Condition Assessment Plan Development PROJECT UNDERSTANDING This project consists of assisting the City in developing a plan for how to assess the condition of critical water infrastructure (12-inch and larger transmission water lines and water pump station) and develop a process for identifying a replacement schedule for smaller neighborhood type infrastructure. SCOPE OF PROFESSIONAL SERVICES TASK 1: GENERAL ITEMS AND MEETINGS A.Record Research - Work with City staff to obtain all available record drawings, studies, GIS files, maintenance records, etc. associated with the water system infrastructure. B.Kick-off Meeting -Conduct kick-off meeting with the City to confirm the goals, schedule, and deliverables for the project. C.Miscellaneous Meetings – Conduct up to two (2) meetings with City to discuss evaluation. D.Project Site Visit – Conduct up to two (2) site visits to investigate existing infrastructure. One (1) visit is assumed for water line investigations and one (1) visit is assumed for the pump station. E.Report Review Meeting - Conduct meeting with City to review draft technical memorandum. F.Project Management – Prepare project schedule, conduct internal project meetings, prepare monthly invoices, and prepare project deliverables. TASK 2: CRITICAL WATER INFRASTRUCTURE PLANNING This task consists of identifying and evaluating the City’s critical water infrastructure which is defined as water transmission lines 12-inch and greater in diameter. This task involves evaluating possible technologies and methods available for condition assessment and determining what should be utilized for critical infrastructure. This task does not include the actual assessments. Those activities will be performed in a future task. A.Condition Assessment Evaluation for Concrete Pipe (30-inch and 24-inch transmission mains from pumping station to elevated storage tanks) 1.Evaluate options for leak detection. 2.Evaluate options to determine structural integrity. 3.Review pipe record drawings, manufacturer’s lay drawings and historical maintenance records. Page 2 of 6 4.Develop recommendations for methods, limits of assessment, and pipeline improvements required to perform assessment. Design of pipeline improvements is not included in this scope of work. 5.Prepare opinion of construction cost (OPCC) for pipeline improvements required to allow for selected inspections. 6.Coordinate with inspection companies and determine estimated cost for selected inspection. B.Condition Assessment Evaluation for Non-Concrete Pipe (12-inch and 16-inch transmission mains within the water system, assumed to be a combination of Ductile Iron and PVC) 1.Evaluate options for leak detection. It is assumed that technologies considered will not require insertion of equipment into the pipe. 2.Review water system GIS data and historical maintenance records. 3.Develop recommendations for methods and limits of assessment. 4.Coordinate with inspection companies and determine estimated cost for selected inspection. TASK 3: SMALL DIAMETER WATER LINE REPLACEMENT STRATEGY This task consists of assisting the City in developing a replacement strategy for small diameter (12-inch and smaller) neighborhood type water lines. Replacement may be needed due to age, pipe material, size, and/or maintenance history. It is assumed that up to ten (10) replacement projects will be identified as part of this task. A.Review historical maintenance records and identify locations with a history of water line breaks. Identify areas for replacement due to maintenance history. B.Review size of existing small diameter water lines and identify areas where lines require upsizing to meet City minimum diameter requirements or increase available flow. No modeling is including in this task to identify undersized lines; sizing will be based solely on City’s system knowledge. C.Review material of existing small diameter water lines and identify locations where existing pipe material no longer meets the City’s design requirements. D.Develop OPCCs for replacements identified. 1.A detailed OPCC will be developed for one sample neighborhood replacement project. This OPCC will be used to develop a standard project cost per linear foot that will be used to developed cost projections for the remainder of projects identified. Detailed OPCCs will not be prepared for every project. E.Work with City to develop criteria to be utilized to rank replacements required. Utilize criteria to develop a priority list. F.Evaluate options for leak detection. It is assumed that technologies considered will not require insertion of equipment into the pipe. Identify locations where City may consider performing leak detection in the future. Future inspection recommendations will incorporate priority list developed in subtask E. G.Coordinate with City to understand yearly budget for smaller diameter replacements. Utilize budget to plan out yearly replacements. Page 3 of 6 TASK 4: PUMP STATION EVALUATION This task consists of evaluating the City’s existing pump station and water supply. As part of this task, options for increasing system redundancy will be evaluated. A.Review City’s contracted wholesale water supply, pumping station capacities, storage tank capacity, water service connections, and historical demands. Evaluate demands vs capacities to determine bottlenecks, potential failure points, and amount of redundancy available. B.Review existing Village Parkway Pump Station record drawings to understand facility’s capacities and constraints. Discuss with City staff facility operations parameters, limitations, and constraints to understand required future improvements and flexibility needed. Develop OPCCs for improvements identified. C.Evaluate power supply and communications for pump station. Identify single points of failure and provide recommendations for improvements to power and communications resiliency. D.Perform XAK-PAC Facility Evaluation. This consists of performing individual tests on all six (6) of the existing pumps at the Village Parkway pump station. This task consists of the following: 1.Pre-Evaluation Site Visit. Visit pump station site to be evaluated along with City staff to determine necessary pre-work that will be required to perform pump evaluation. 2.Pre-Evaluation Summary. Provide a summary of work that needs to be completed by the City before testing is conducted. Work is expected to include, but is not limited to, installation of tap assemblies, functional testing of isolation valves, providing SCADA data, providing applicable pump curves and record drawings, and City staff coordination to complete pump evaluations. Consultant will not be able to begin final evaluation until all items detailed in this summary are completed. 3.Pump Evaluations. Conduct pump performance tests of each pump. Pump performance tests will include flow, discharge head, suction head, NPSHa, surge data, vibration, rotational speed, and input power measurements where possible. Power measurements will only be possible for 600 volt and below. Perform the following tests for each operational pump. 4.Condition Assessments. Conduct a condition assessment of each pump and associated piping. Condition assessments will include major pump components and a numerical condition ranking from 1 to 5 including notes regarding significant defects. Photos and details will be provided for components with conditions equal to 4 or 5. Portions of the evaluation requiring confined space entry will not be performed. 5.Pump Performance Report. Provide an engineering report summarizing the data collection process, findings, criticality, and recommendations for each pump. TASK 5: TECHNICAL MEMORANDUM A.Prepare a technical memorandum describing the recommendations for condition assessment and replacements. Memorandum will include anticipated design and inspection costs associated with selected condition assessment approach as well as an OPCC for any modifications needed to the pipeline to facilitate the condition assessment. Memorandum will also include replacement strategy for small diameter water lines and OPCCs. B.Incorporate comments and provide a final memorandum. C.Deliverables Page 4 of 6 1.Provide PDF copy of draft technical memorandum 2.Provide PDF copy of final technical memorandum Page 5 of 6 ADDITIONAL SERVICES Any services not specifically provided for in the above scope will be considered additional services and can be performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: ·Assisting City or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by Consultant on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. ·Sampling, testing, or analysis beyond that specifically included in the Scope of Services referenced herein above. ·Preparing applications and supporting documents for government grants, loans, or planning advances, and providing data for detailed applications. ·Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the Town. ·Providing professional services associated with the discovery of any hazardous waste or materials in the project route. ·Providing additional presentations to the City Council. ·Providing construction staking, additional platting, or other surveying services not identified in the above Scope of Services. ·Providing any easement acquisition services. ·Attending additional public meetings during the project. ·Preparation of Easement Documents ·Perform any materials testing. ·Perform welding and coating inspections. ·Prepare construction documents for pipeline modifications needed to facilitate pipeline inspection. ·Any services not listed in the Scope of Services. Page 6 of 6 ATTACHMENT B COMPENSATION The Consultant will provide the Scope of Services detailed in Tasks 1 through 5 for a lump sum fee. TASK 1 – General Items and Meetings $25,500.00 TASK 2 – Critical Water Infrastructure Planning $46,500.00 TASK 3 – Small Diameter Water Line Replacement Strategy $43,500.00 TASK 4 – Pump Station Evaluation $64,300.00 TASK 5 – Technical Memorandum $19,000.00 TOTAL $198,800.00 Additional services will be negotiated at the time they are identified. Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7629 File ID: Type: Status: 2023-7629 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 08/29/2024File Created: Final Action: DCTA ILA - workforce transit extensionFile Name: Title: Consider approval of the Fifth Amended and Restated Interlocal Cooperation Agreement by and between the City of Coppell and Denton County Transportation Authority to provide transportation services for Coppell businesses; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Interlocal Agreement.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7629 Title Consider approval of the Fifth Amended and Restated Interlocal Cooperation Agreement by and between the City of Coppell and Denton County Transportation Authority to provide transportation services for Coppell businesses; and authorizing the Mayor to sign. Summary This contract allows the city to extend the current workforce transit program by one year. All services and contract details remain the same. Fiscal Impact: The fiscal impact is $50,000 as budgeted in the fiscal year 2025 General Fund budget. Staff Recommendation: Staff recommends approval. Strategic Pillar Icon: Page 1City of Coppell, Texas Printed on 9/6/2024 Master Continued (2023-7629) Create Business and Innovation Nodes Page 2City of Coppell, Texas Printed on 9/6/2024 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: September 10, 2024 Reference: Consider approval of the Fifth Amended and Restated Interlocal Agreement by and between the City of Coppell and Denton County Transportation Authority to provide transportation services for Coppell businesses; and authorizing the Mayor to sign. 2040: Create Business and Innovation Nodes Introduction: In partnership with Denton County Transportation Authority (DCTA) and Lyft, the City of Coppell started a workforce transit test program for Coppell businesses on October 1, 2019. The one-year program was established to study trends and gauge the need for a long-term solution to workforce transit in Coppell. Background: The program usage has gradually increased each year as more businesses and individuals have learned about the program. Businesses have shared that it has been a beneficial tool to help them attract employees, and it has been very beneficial for employees that would have otherwise had to walk to work. This program is part of our business attraction and retention efforts, which are essential components of economic development for a community. City Council has previously approved a one-year extension to the contract with DCTA four times. The current ILA will expire on September 30, 2024. Ridership continues to increase and is being utilized by a larger number of companies. The service is being utilized seven days a week across different shift times throughout the day. Ridership is spread throughout the community, so it is being utilized by a variety of types of businesses. Coppell currently has over 20 businesses that have signed up and/or have employees that utilize the Workforce Transit program. On average, there are approximately 150 - 250 rides per month, and there are typically anywhere from 15 – 20 unique riders each month. Ridership is still heavily concentrated on the west side of town, but the number of riders on the east side of town is growing. Staff worked with DCTA to create unique ridership codes for each participating business, but some riders are still utilizing the original code, which makes it difficult to identify the exact number of riders per business. 2 Staff will continue to work on having riders switch to the unique code for their business. Staff will also revamp the marketing materials and do another extensive marketing push for the program to reach new and existing businesses that are not currently utilizing the program. Staff believes that the utilization of a first-mile, last-mile connection will increase after the DART Silver Line is open and operating. Exploring other options for service such as fixed route service might become more viable at that time, but until then, staff believes this is the best option for the first- mile, last-mile connection. Staff is requesting to extend the ILA with DCTA to continue the program an additional year to continue analyzing ridership trends and data in hopes that utilization will grow even larger. Lyft will continue providing all mobility services, and DCTA will administer the contract and provide all administrative and operational services associated with the program. The City of Coppell will make monthly payments to DCTA for reimbursement of all costs associated with services provided by Lyft and the monthly administrative fee. Partnering with Lyft for the mobility service provides the greatest amount of flexibility for this program. Everything about the program will remain the same. Lyft will continue to pick up from the six designated transit stops, which include the DART Trinity Mills Station, the DCTA Hebron Station, the DART Belt Line Station, the DART Bus stop at Saintsbury and Belt Line, the DART Bus Stop at Regent and Royal and the Trinity Metro TEXRail stop at the Grapevine-Main Street station. Lyft will transport passengers to the businesses located within the City of Coppell. The budget for the program is $50,000. Staff anticipates spending the entire budget in FY 24-25. Staff has consistently received feedback from the businesses that this program has provided great benefits, and the hope is that this upcoming year will provide even greater benefit as the ridership grows. Staff will continue to monitor the data on ridership so that an analysis can be provided on the long-term needs for workforce transit in Coppell. Benefit to the Community: By attracting and retaining businesses in Coppell, residents have an opportunity to find employment close to home, and the revenue from businesses helps offset the tax rate for residents. Legal Review: City Attorney reviewed the Interlocal Agreement. Fiscal Impact: The fiscal impact of this agreement is $50,000.00, as budgeted in the fiscal year 2025 General Fund budget. Recommendation: Staff recommends approval. Page 1 DCTA and City of Coppell Fifth Amended and Restated Interlocal Cooperation Agreement STATE OF TEXAS § § FIFTH AMENDED AND RESTATED § INTERLOCAL COOPERATION § AGREEMENT COUNTY OF DENTON § This Fifth Amended and Restated Interlocal Cooperation Agreement (“Agreement”) is made by and between Denton County Transportation Authority (“DCTA”) and the City of Coppell, Texas (“Coppell”), (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives. RECITALS WHEREAS, Coppell is a home-rule municipality and local governmental entity located within the State of Texas and in the counties of Dallas and Denton; and WHEREAS, DCTA is a coordinated county transportation authority created under Chapter 460 of the Texas Transportation Code; and WHEREAS, the Parties have agreed on the terms and conditions for DCTA to deploy first/last mile workforce mobility solutions within the city limits of Coppell and between transit stations located outside of the city limits, as set forth in Section 3.1(b) of this Agreement, through use of a mobility provider; and WHEREAS, the Parties previously entered into that certain Interlocal Cooperation Agreement dated September 24, 2019, for purposes of providing transportation services to meet the mobility needs of Coppell businesses and residents (the "Original Agreement"); WHEREAS, the Parties previously entered that certain First Amended and Restated Interlocal Cooperation Agreement on September 30, 2020, extending the Term of the Agreement for one (1) year, beginning October 1, 2020 and continuing through September 30, 2021; and WHEREAS, the Parties previously entered that certain Second Amended and Restated Interlocal Cooperation Agreement on October 7, 2021, extending the Term of the Agreement for one (1) year, beginning October 1, 2021 and continuing through September 30, 2022; a WHEREAS, the Parties previously entered that certain Third Amended and Restated Interlocal Cooperation Agreement on September 27, 2022, extending the Term of the Agreement for one (1) year, beginning October 1, 2022 and continuing through September 30, 2023; and WHEREAS, the Parties previously entered that certain Fourth Amended and Restated Interlocal Cooperation Agreement on September 29, 2023, extending the Term of the Agreement for one (1) year, beginning October 1, 2023 and continuing through September 30, 2024; and Page 2 DCTA and City of Coppell Fifth Amended and Restated Interlocal Cooperation Agreement WHEREAS, due to the success of the program, the Parties desire to enter into this Fifth Amended and Restated Interlocal Cooperation Agreement to extend the Term of the Agreement for one (1) year, beginning October 1, 2024 and continuing through September 30, 2025; and WHEREAS, the Parties are authorized to enter into this Agreement pursuant to the Interlocal Cooperation Act (“Act”), Chapter 791, Texas Government Code; and WHEREAS, DCTA and Coppell are units of local government that have the statutory authority under the Act to perform the services set forth in this Agreement; and WHEREAS, pursuant to Chapter 460 of the Texas Transportation Code, DCTA is authorized to enter into this Agreement with Coppell to provide transportation services; and NOW, THEREFORE, for and in consideration of the mutual promises and covenants set forth in this Agreement, and other valuable consideration, the receipts and sufficiency of which is hereby acknowledged, the Parties agree as follows: Article I Purpose 1.1 The purpose of this Agreement is to provide for the administration and operation of mobility services to improve access to jobs within the city limits of Coppell for trips originating in a defined geofence to destinations located in the geofence and to/from designated transit stops as defined in section 3.1(b). Mobility services may include DCTA directly providing transportation to employees and residents in Coppell or through third-party service providers that directly contract with DCTA, including but not limited to taxi providers and transportation network companies (TNCs). 1.2 DCTA may execute a task order for a period not to exceed twelve (12) months with a contracted mobility provider (e.g. Lyft) to deploy first/last mile mobility services in the city limits of Coppell and as defined in section 3.1(b). The hours and days of operation shall be agreed upon by the Parties and adjusted based on ridership. 1.3 DCTA has entered into an appropriate mobility services provider agreement to provide their services herein; and, DCTA shall receive assurances under such agreement regarding the services provided herein; and, Coppell’s sole responsibility shall be to fund such services. Article II Term 2.1 Term. The Term of this Agreement shall begin on October 1, 2024 and continue for the period ending on September 30, 2025 unless sooner terminated as provided herein (the “Term”). Page 3 DCTA and City of Coppell Fifth Amended and Restated Interlocal Cooperation Agreement 2.2 Termination. Either Party may terminate this Agreement, with or without cause, by giving sixty (60) days prior written notice to the other Party. After the Initial Term, the required notice to terminate shall be at least ninety (90) days. Article III Services 3.1 DCTA shall provide the Mobility Services as follows: (a) Beginning on October 1, 2024, DCTA shall deliver the Mobility Services during the hours and days of operation as mutually agreed upon by the Parties and based on ridership. (b) Mobility services will initially be provided generally within the city limits to serve the workforce population and to and from designated transit stops and stations that fall outside the Coppell city limits. Specific parameters will be determined through the Task Order process and in coordination with DCTA and Coppell. Location of mobility services and geofence boundaries may be amended in writing as mutually agreed upon by the Parties and based on ridership trends. (c) The Parties shall work together to analyze and review ongoing service levels and alternative Mobility Service delivery methods and cost estimates to meet the long-term public transit needs of Coppell. (d) During the Term of this Agreement, DCTA shall provide all administrative and operational services associated with the Mobility Services including, but not limited to, employment and management of necessary and sufficient personnel, contract management of third-party providers, billing, customer service, program management, and data reporting and analytics. (e) During the Term of this Agreement, Coppell shall be responsible for all primary marketing and outreach efforts, with ancillary support provided by DCTA. Article IV Compensation and Fees 4.1 DCTA Compensation. DCTA shall be reimbursed for one-hundred percent (100%) of all costs for services invoiced from the mobility provider associated with this agreement, and an administrative fee per the schedule in Exhibit 1. Total costs shall not exceed fifty thousand dollars ($50,000) in a twelve (12) month period, unless amended as mutually agreed upon in writing by the parties. 4.2 Invoicing. On or before the last day of each calendar month during the Term of this Agreement, DCTA shall prepare a written invoice to Coppell including number of trips, operating expenses, and administrative management fees for the services provided in the previous month. Page 4 DCTA and City of Coppell Fifth Amended and Restated Interlocal Cooperation Agreement 4.3 Payment. Coppell shall pay DCTA within thirty (30) days of the receipt of each monthly invoice. 4.4 Current Revenues. To the extent applicable, Coppell and DCTA acknowledge that Coppell shall make payment of the aforementioned sums from current revenues. Coppell further agrees to make all appropriations reasonable and necessary to effectuate the terms of, and its responsibilities under, this Agreement. However, the Parties recognize that the continuation of this Agreement after the close of any given fiscal year of Coppell, September 30 of each calendar year, shall be subject to approval by Coppell’s City Council. This approval may be presumed if the City Council includes funding for the Mobility Services in an adopted budget. This Agreement cannot be an unfunded liability of Coppell in violation of the Texas Constitution’s unfunded debt prohibition applicable to home-rule cities. The Parties agree that this Agreement may be terminated by Coppell with notice as provided herein, without any penalty or liability to Coppell except for monies owed DCTA for Mobility Services provided pursuant to this Agreement and for any costs incurred for demobilization, in the event Coppell’s City Council fails to approve or appropriate funds for any continuation of this Agreement. 4.5 Fares. Customers utilizing the first/last mile service will pay a fare that shall be subsidized by Coppell. The subsidy and amount paid by the passenger shall be mutually agreed upon by DCTA and Coppell. 4.6 Additional Services. In an effort to provide the best Mobility Services possible, DCTA may work with additional third-party service providers to enhance service delivery to Coppell. At all times, DCTA shall be responsible for contracting directly with the third-parties and shall be responsible for ensuring the overall customer experience and complying with this Agreement. Furthermore, DCTA shall be responsible for managing the cost of such service providers within the mutually agreed funding authorizations established and approved between DCTA and Coppell. Article V Dispute Resolution The Parties agree to make a good faith effort to resolve through informal discussions any disagreement or other dispute between them in connection with this Agreement (a “Dispute”). If a Dispute cannot be resolved through informal discussions, before seeking an alternative remedy, either Party must submit a written complaint to the other Party setting out the basis of the complaint and a proposed resolution to the Dispute. The Party receiving the complaint must respond in writing within twenty-one (21) days after receipt of the complaint, by accepting the proposed resolution, rejecting the proposed resolution, or proposing an alternative resolution to the Dispute. If the proposed resolution is rejected, the Parties may seek alternative remedies as they deem appropriate. If an alternative resolution is proposed, the recipient of that alternative proposal shall, within twenty-one (21) days after receipt, either accept the alternative or reject it. If it is rejected, the Parties may seek alternative remedies as they deem appropriate. Subject to the procedure outlined in this section, both Parties will have all legal remedies allowed to them by applicable law. The provisions of this section are strictly limited in scope to serve as a prerequisite to the Page 5 DCTA and City of Coppell Fifth Amended and Restated Interlocal Cooperation Agreement enforcement of remedies under this Agreement. Failure by either Party to raise a Dispute through this process shall not constitute waiver or acceptance of an alleged violation of this Agreement. Article VI Insurance During the Term of this Agreement, the mobility provider shall maintain and enforce during the Term, at the mobility provider’s own expense, at least the following coverages: (a) Workers’ Compensation Insurance in accordance with state statutory laws, including Employers’ Liability with minimum limits of $1,000,000 each Accident; (b) Commercial General Liability Insurance including, but not limited to, product and completed operations, personal and advertising injury and contractual liability coverage with minimum limits of $1,000,000 Each Occurrence; $2,000,000 General Aggregate; and (c) Commercial Auto Liability Insurance including a minimum combined single limit of $1,000,000 each accident and Uninsured/Underinsured motorist coverage with a minimum combined single limit of $1,000,000. The mobility provider will include Coppell as an additional insured via blanket endorsement under the mobility provider’s commercial general liability insurance policy. All policies maintained shall be written as primary policies, not contributing with and not supplemental to coverage Coppell may carry and will contain a waiver of subrogation against Coppell and its insurance carrier(s) with respect to all obligations assumed by the mobility provider under this Agreement. The fact that the mobility provider has obtained the insurance required hereunder shall in no manner lessen or otherwise affect such mobility provider’s other obligations or liabilities set forth in this Agreement. Article VII Miscellaneous 7.1 Entire Agreement. This Agreement constitutes the sole and only agreement between the Parties and supersedes any prior understandings written or oral agreements between the Parties with respect to this subject matter. 7.2 Assignment. This Agreement may not be assigned by either Party without the prior written consent of the other Party. 7.3 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors and permitted assigns. 7.4 Governing Law. The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall exclusively be in the State District Court of Page 6 DCTA and City of Coppell Fifth Amended and Restated Interlocal Cooperation Agreement Denton County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 7.5 No Waiver of Liability. The Parties acknowledge that neither Party is an agent, servant, or employee of the other Party, and each Party agrees it is responsible for its own individual negligent acts or omissions or other tortious conduct, as well as such acts and deeds of its contractors, agents, representatives, and employees, during the performance of this Agreement without waiving any governmental immunity available to the Parties under Texas law and other applicable law, and without waiving any available defenses under Texas law and other applicable law. Further, in the execution and performance of this Agreement, the Parties do not waive, and neither Party shall be deemed to have waived, any other immunity or defense that would otherwise be available to each Party as a local governmental entity and/or political subdivision of the State of Texas. 7.6 Amendments. This Agreement may be amended by the mutual written agreement of the Parties. 7.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 7.8 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for DCTA: With Copy to: Paul Cristina Joseph J. Gorfida, Jr. Interim Chief Executive Officer Nichols, Jackson, L.L.P. DCTA 500 North Akard 1955 Lakeway Drive, Suite 260 1800 Ross Tower Lewisville, Texas 75067 Dallas, Texas 75201 Phone: 972-221-4600 Phone: 214-965-9900 If intended for City of Coppell: Mike Land City Manager 255 Parkway Blvd. P. O. Box 9478 Coppell, Texas 75019 Phone: 972-304-3618 Page 7 DCTA and City of Coppell Fifth Amended and Restated Interlocal Cooperation Agreement 7.9 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the Parties hereto. 7.10 Exhibits. The Exhibits attached hereto are incorporated herein. 7.11 Recitals. The recitals to this Agreement are incorporated herein and made a part hereof for all purposes. 7.12 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 7.13 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination hereof. 7.14 Approval of Parties. Whenever this Agreement requires or permits the approval or consent to be given by a Party, the Parties agree that such approval or consent shall not be unreasonably withheld, conditioned or delayed. 7.15 No Third-Party Beneficiary. Nothing in this Agreement shall be construed as creating or giving rise to any rights of third-parties or any persons other than the Parties hereto. 7.16 Recordkeeping and Right to Inspect Records. Each Party shall have mutual access to, and the right to examine, all books, documents, papers, and other records of the other Party involving transactions relating to this Agreement. Each Party shall have access during normal business hours to all necessary facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Agreement. Each Party shall give the other Party advanced written notice of at least forty-eight (48) business hours of intended audits. (signature page to follow) Page 8 DCTA and City of Coppell Fifth Amended and Restated Interlocal Cooperation Agreement EXECUTED this _______ day of _____________________, 2024. Denton County Transportation Authority By: ___________________________________ Paul Cristina, President and CEO APPROVED AS TO FORM: By: ___________________________________ Joseph J. Gorfida, Jr., General Counsel EXECUTED this _______ day of _____________________, 2024. City of Coppell, Texas a home-rule municipality By: ____________________________________ Wes Mays, Mayor APPROVED AS TO FORM: By: ____________________________________ Robert E. Hager, Coppell City Attorney Exhibit 1 DCTA and City of Coppell Fifth Amended and Restated Interlocal Cooperation Agreement EXHIBIT 1 AGENCY Service Rendered Cost Allocation Per Year $50,000 Denton County Transportation Authority Contracted Mobility Provider Service: Direct invoiced costs Approximately $28,125 Administrative Fee: Contract management, billing, administration, reporting, data analytics, and customer service Approximately 60% of the direct invoiced costs City of Coppell Marketing and Outreach Approximately $5,000 TOTAL: $50,000 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7631 File ID: Type: Status: 2024-7631 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 08/30/2024File Created: Final Action: SPAN ILA - FY 24-25File Name: Title: Consider approval of an Interlocal Agreement renewal between the City of Coppell and SPAN, Inc., for the provision of transit services for older persons, persons with disabilities, and veterans; authorizing the Mayor to sign and the City Manager to execute any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Interlocal Agreement.pdf, Presentation.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7631 Title Consider approval of an Interlocal Agreement renewal between the City of Coppell and SPAN, Inc., for the provision of transit services for older persons, persons with disabilities, and veterans; authorizing the Mayor to sign and the City Manager to execute any necessary documents. Summary The renewal of this ILA will continue the services SPAN currently provides to Coppell residents for an additional year. Fiscal Impact: The fiscal impact of this item is $39,528.00, as budgeted and provided from undesignated fund balance. Staff Recommendation: Staff recommends approval. Page 1City of Coppell, Texas Printed on 9/6/2024 Master Continued (2024-7631) Strategic Pillar Icon: Implement Innovative Transportation Networks Page 2City of Coppell, Texas Printed on 9/6/2024 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: September 10, 2024 Reference: Consider approval of an Interlocal Agreement renewal between the City of Coppell and SPAN, Inc., for the provision of transit services for older persons, persons with disabilities, and veterans; authorizing the Mayor to sign and the City Manager to execute any necessary documents. 2040: Implement Innovative Transportation Networks Introduction: This is the annual contract renewal between the City of Coppell and SPAN, Inc. for residential and paratransit services for older persons, persons with disabilities, and veterans. Background: The City of Coppell initially entered into an agreement with SPAN, Inc. (“SPAN”) in 2016 to provide shared transportation services, by appointment, for older adults aged 60 and over, those who have a mobility impairment, and veterans. SPAN manages the application process and provides subsidized transportation services to eligible Coppell residents and caretakers for doctor appointments, daily errands, libraries and recreation programs, life skills programs, employment and other approved locations within the designated service area. The service is only available to eligible riders that are residents of Coppell. To use SPAN transit, passengers must first submit an application to SPAN. Upon receipt of the approved applications, passengers receive a written notice and may begin scheduling trips. Passengers request transportation directly through SPAN. All SPAN vehicles are equipped with wheelchair lifts or ramps. SPAN provides door to door services and all drivers are trained to assist individuals who may have a mobility impairment and or use assistive devices. The designated service area includes all of Coppell and surrounding areas in close proximity to Coppell city limits. Thus far in fiscal Year 2023-24, SPAN provided 1,220 one-way transportation trips for 26 unduplicated riders between October 2023-July 2024. Ridership for the current fiscal year has increased 15% compared to the same October-July timeframe from last fiscal year. The 1,220 one- way transportation trips for the current fiscal year were for the following purposes: 2 • 49% to dialysis or medical purposes • 18% to the Coppell Senior & Community Center or other recreational purposes • 12% to education services • 10% to Life Skills programs • 9% for employment purposes • 2% to shopping trips for necessities To account for inflationary costs, such as increases in fuel and fleet maintenance costs, the local rate per trip will increase from $20.24 to $21.96 per one-way trip. SPAN has also increased the minimum timeframe to request transportation from 24 hours to 48 hours prior to the trip date. This change allows more time to create the daily trip routes and will help decrease the number of declined trips for scheduling purposes. Both changes are reflected in the new interlocal agreement. The projected maximum trip rate for the proposed contract is 150 per month. Funding for the service through 2023 was provided by the CARES Act as dispensed through SPAN. The CARES Act funding has been depleted and the service is now being funded through the general fund. Benefit to the Community: Coppell’s rate per one-way trip will be $21.96 per rider and the rider is responsible for a trip fare of $3.00 each way. The nature of the trips are medical services, recreational activities, education services, life skills programs, employment and necessary shopping trips. The residents utilizing SPAN would not otherwise have residential and paratransit options to receive these necessary services. This transportation service is secondary to, and not in lieu of, or as a substitution for transportation services available through or funded by Medicare and/or Medicaid, or any other insurance program or provider. Legal Review: This contract was reviewed by the City Attorney. Fiscal Impact: The fiscal impact of this item is $39,528.00, as budgeted and provided from undesignated fund balance. Recommendation: The Community Development Department recommends approval of this item. INTERLOCAL AGREEMENT FOR SERVICES Page 1 of 11 STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL AGREEMENT FOR SERVICES THIS SERVICE AGREEMENT ("Agreement") is entered into by and between Coppell, Texas ("CITY"), acting by and through its duly authorized designee and Span, Inc., ("SPAN”), a Texas non-profit corporation operating in Denton County, Texas as an organization described in Section 501(c)(3) of the Internal Revenue Code, acting by and through its duly authorized Executive Director. The CITY or SPAN may hereinafter be referred to individually as a “Party” or collectively as “Parties.” RECITALS: WHEREAS, SPAN enables people to live as fully and independently as possible by providing nutrition, transportation and social services to older persons, persons with disabilities, veterans, and the general public; and WHEREAS, the success of or failure of the SPAN's purposes and goals has a relation to the health and welfare of the citizens of the CITY; and WHEREAS, the CITY is charged with the responsibility of promoting and preserving the health, safety, peace, good government, and welfare of its citizens; and WHEREAS, the CITY recognizes that it needs transportation alternatives for its elderly, and disabled citizens to seek routine medical care and to deal with daily routine matters, and the CITY desires to assist and provide public transportation to said citizens; and WHEREAS, CITY desires to engage SPAN as an independent contractor, and not as a joint venture, partnership, or employee, to provide the transportation services described herein; and WHEREAS, SPAN is authorized as a non-profit corporation, authorized under the Texas Transportation Code to provide this type of transportation to municipalities found in whole or in part within Denton County, Texas; and WHEREAS, SPAN desires to provide transportability services for CITY on the terms and conditions set forth in this Agreement. INTERLOCAL AGREEMENT FOR SERVICES Page 2 of 11 NOW THEREFORE, in exchange for the mutual covenants set forth herein, and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows: Article I Term 1.01. This Agreement shall commence on October 1, 2024 ("Effective Date") and continue until September 30, 2025. 1.02. Either Party may terminate this Agreement by giving thirty (30) days prior written notice to the other Party, subject to federal requirements related to public transportation. Article II Service 2.01. In accordance with this Agreement, SPAN shall provide door-to-door demand response transit services to the CITY’s residents who are sixty (60) years of age or older and persons with documented disabilities, or sixty-five (65) years or older and persons with documented disabilities when 5310 funds are used in support of this Agreement ("Riders"). 2.02. Riders shall be picked up within service area and taken anywhere in the SPAN/CITY transit service destination area shown on Exhibit "A" hereto (“Service Area”), at a cost to the Riders of Three Dollars ($3.00). The Riders shall remit the total fare recited in this section at or prior to the time the service is rendered. SPAN Transportation policy and procedures are attached hereto and incorporated herein as Exhibit "B" ("the Policy"). 2.03. Situations may arise when Riders call and request service that is not identified as a part of the Service Area. SPAN may make a request to the CITY’s appointed representative to accommodate the Rider by temporarily transporting outside of the Service Area. The Service Area may be more permanently amended at the request of either Party, if both Parties mutually agree to such amendment of Exhibit A in writing. 2.04. Riders may call at least two (2) days in advance, but no more than two (2) weeks in advance, to set up appointments for pick-up and drop off. Rider may schedule ride by calling SPAN's Transportation Office at 940-382-1900, weekdays between the hours of 8:00 a.m. and 2:00 p.m. 2.05. Demand response transit service is available between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, excluding Saturday, Sunday, major holidays and subject to capacity constraints and availability. INTERLOCAL AGREEMENT FOR SERVICES Page 3 of 11 Article III Schedule of Work 3.01. SPAN shall provide all equipment, facilities, qualified employees, training, and insurance necessary to establish a demand response transit service for the Riders. SPAN shall further establish, operate, and maintain an accounting system for this program that will allow for a tracking of services provided to Riders and a review of the financial status of the program. SPAN shall also track and break down the information regarding the number of one-way trips it provides to Riders. 3.02. SPAN will be responsible for verifying and documenting the eligibility of Riders. SPAN reserves the right to determine on an individual basis whether SPAN has the capability to safely transport a Rider, based on the information provided. If SPAN determines that a Rider cannot safely be transported, SPAN shall decline transportation and shall provide documentation as to the reason why service was declined. 3.03. The CITY shall have the right to review the activities and financial records kept incident to the services provided to the Riders by SPAN under this Agreement. In addition, SPAN shall provide monthly ridership information to the CITY appointed designee specifically identifying the number of Rider trips including rider origination, destination, and purpose. 3.04. SPAN will inform riders that their trips to the doctor or dentist’s office, drug store or other location may qualify as a Medicaid eligible trip. SPAN will direct potential Medicaid eligible riders to call Texas Health and Human Services to schedule free transportation through Medicaid by calling toll free 1-877-633-8747 (TTY: 1-800- 735-2989) or 1-877-MED-TRIP, Monday through Friday between 8:00 a.m. and 5:00 p.m., at least two days before their appointment or trip. Article IV Compensation and Method of Payment 4.01. The CITY agrees to pay a reasonable fee for service of $21.96 per trip. The projected trip count for October 1, 2024 – September 30, 2025 is One Thousand Eight Hundred (1,800) with an annual FY 2025 CITY contribution of Thirty Nine Thousand Thirty-Eight Dollars ($39,528). Riders shall pay SPAN a price per one-way trip of Three Dollars ($3.00), to be collected by SPAN at the time of such trip. 4.02. The Fee is based on an average of approximately One Hundred-Fifty (150) one-way trips per month. If fewer than 150 one-way trips are used in any given month, the accrued trips shall continue to roll forward monthly until the end of this Agreement. INTERLOCAL AGREEMENT FOR SERVICES Page 4 of 11 4.03. SPAN will notify and work with CITY if demand is higher than projected and amend the contribution amount if agreed to by both parties of the AGREEMENT. 4.04. It is further understood and agreed that the service provided hereunder shall be secondary to and not in lieu of or as a substitute for transportation services available through or funded by Medicare and/or Medicaid or any other program, insurance, or provider. 4.05. If an otherwise eligible Rider contacts SPAN for service and the Rider’s trip does not qualify for payment by the CITY under this Agreement and/or there are no remaining trips or funding available under this Agreement for such trip, SPAN may offer its service to such Rider in the Service Area at the total cost of Twenty One Dollars and Ninety-Six Cents ($21.96) per one-way trip, which is to be collected by SPAN at the time of such trip. Article V Devotion of Time, Personnel, and Equipment 5.01. SPAN shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. Should CITY require additional services not included under this Agreement, SPAN shall make reasonable effort to provide such additional services within the time schedule without decreasing the effectiveness of the performance of services required under this Agreement and shall be compensated for such additional services on a time and materials basis, in accordance with SPAN' s standard hourly rate schedule, or as otherwise agreed between the Parties. 5.02. To the extent reasonably necessary for SPAN to perform the services under this Agreement, SPAN shall be authorized to engage the services of any agents, assistants, persons, or corporations that SPAN may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be included as part of the total compensation to be paid SPAN hereunder and shall not otherwise be reimbursed by CITY unless otherwise agreed to in writing. 5.03. The CITY shall not be required to furnish any facilities, equipment, or personnel necessary to perform the services required under this Agreement unless otherwise provided herein. The Services provided under this Agreement are based on availability. INTERLOCAL AGREEMENT FOR SERVICES Page 5 of 11 5.04 SPAN reserves the right to suspend or terminate Riders who violate SPAN’s policies and procedures. Article VI Miscellaneous 6.01. Entire Agreement. This Agreement constitutes the sole and only agreement between the Parties and supersedes any prior understandings written or oral agreements between the Parties with respect to this subject matter. 6.02. Assignment. Neither Party may assign this Agreement without the prior written consent of the other Party. 6.03. Successor and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. 6.04. Mediation. In the event of any dispute regarding this Agreement or the terms contained herein, the Parties hereto agree that they shall submit such dispute to non- binding mediation, prior to any litigation being filed. 6.05. Governing Law. The laws of the State of Texas shall govern this Agreement without regard to any conflict of law rules; and venue for any action concerning this Agreement shall be in Denton County, Texas or the Federal courts having jurisdiction over claims arising in Denton County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 6.06. Amendments. This Agreement may be amended by the mutual written agreement of the Parties. 6.07. Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 6.08. Independent Contractor. It is understood and agreed by and between the Parties that SPAN, in satisfying the conditions of this Agreement, is acting independently. All services to be performed by SPAN pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of CITY. SPAN shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. Nothing contained herein shall constitute or provide for as a INTERLOCAL AGREEMENT FOR SERVICES Page 6 of 11 waiver of the CITY’s immunity under state or federal law. 6.09. Notice. Any notice required or permitted to be delivered hereunder may be sent by electronic mail, first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for CITY: Wes Mays, Mayor Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019 972-304-3673 – facsimile With a copy to: Robert E. Hager Nichols, Jackson, Dillard, Hager & Smith, LLP 1800 Ross Tower 500 N. Akard Street Dallas, Texas 75201 214-965-0010 - facsimile If intended for SPAN: Michelle McMahon Executive Director Span, Inc. 1800 Malone Street Denton, Texas 76201 940-382-2224 - Office 6.10. Insurance. (a) SPAN shall during the term hereof maintain in full force and effect the following insurance: (1) a comprehensive commercial general liability policy of insurance for bodily injury, death, and property damage insuring against all claims, demands or actions relating to SPAN' s performance of services INTERLOCAL AGREEMENT FOR SERVICES Page 7 of 11 pursuant to this Agreement with a minimum combined single limit of not less than $1,000,000.00 per occurrence for injury to persons (including death), and for property damage with an aggregate of $2,000,000.00. (2) policy of automobile liability insurance covering any vehicles owned and/or operated by SPAN, its officers, agents, and employees, and used in the performance of this Agreement with policy limits of not less than $5,000,000.00 combined single limit and aggregate for bodily injury and property damage. (3) statutory Worker's Compensation Insurance at the statutory limits and Employers Liability covering all of SPAN' s employees involved in the provision of services under this Agreement with policy limit of not less than $500,000.00; and (b) All policies of insurance shall be endorsed and contain the following provisions: (1) provide CITY, its officers, and employees with indemnification under all applicable coverage with the exception of Workers Compensation insurance; (2) provide for at least thirty (30) days prior written notice to CITY for cancellation of the insurance; (3) provide for a waiver of subrogation against CITY for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. SPAN shall provide written notice to CITY of any material change of or to the insurance required herein. (c) All insurance companies providing the required insurance shall be authorized to transact business in Texas. (d) A certificate of insurance and copies of the policy endorsements evidencing the required insurance shall be submitted prior to commencement of services and upon request by CITY. 6.11. In performing services under this Agreement, the relationship between the CITY and SPAN is that of an independent contractor. No term or provision of this Agreement or act of SPAN in the performance of this Agreement shall be construed as making SPAN the agent, servant, or employee of the CITY. It is expressly understood that the CITY assumes no operational supervision, control or oversight to the services provided under this Agreement. CITY does not have any ownership or beneficial interest in the business; and does not share any profits or losses generated from the business. 6.12. Indemnification. CITY SHALL NOT BE LIABLE FOR ANY LOSS, INTERLOCAL AGREEMENT FOR SERVICES Page 8 of 11 DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF SPAN PURSUANT TO THIS AGREEMENT. SPAN HEREBY WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS "CITY") FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY OR BREACH OF CITY’S OBLIGATIONS HEREUNDER. SPAN AGREES TO INDEMNIFY AND SAVE HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS' FEES AND COSTS OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY SPAN'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF SPAN, ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO NEGLIGENCE OF CITY, IN WHOLE OR IN PART, IN WHICH CASE SPAN SHALL INDEMNIFY CITY ONLY TO THE EXTENT OR PROPORTION OF NEGLIGENCE ATTRIBUTED TO SPAN AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT JURISDICTION). SPAN'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY SPAN UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 6.13. Confidentiality Clause. Subject to the requirements of the Texas Public Information Act or as required by Court order, both Parties agree to endeavor to take all reasonable measures to keep in confidence the confidential data and information of any Party that another Party may know or access during performance of this Agreement (“Confidential Information”), and shall not disclose, make available or assign such Confidential Information to any third Party without the prior written consent of the Party providing the information except as required by the Texas Public Information Act or Court order 6.14. Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all the Parties hereto. 6.15. Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. INTERLOCAL AGREEMENT FOR SERVICES Page 9 of 11 6.16. Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. [Signature Page to Follow] INTERLOCAL AGREEMENT FOR SERVICES Page 10 of 11 EXECUTED this ______ day of ___________________,2024 COPPELL, TEXAS By: _________________________________ Wes Mays, Mayor ATTEST: By: _________________________________ Ashley Owens, Secretary Approved as to form By: _________________________________ Robert Hager, City Attorney EXECUTED this ______ day of ___________________,2024 SPAN, INC By: _________________________________ Michelle McMahon, Executive Director INTERLOCAL AGREEMENT FOR SERVICES Page 11 of 12 EXHIBIT A SERVICE AREA INTERLOCAL AGREEMENT FOR SERVICES Page 12 of 12 EXHIBIT B TRANSPORTATION POLICIES AND PROCEDURES Attached as separate document, which may be amended from time to time. Coppell Presentation FY 2025 Who is Span/Meals on Wheels of Denton County? Span, Inc has been serving the Denton County residents for 50 years! We have enabled people in our county, to live as fully and independently as possible by consistently providing nutritious meals, reliable and safe transportation to our vulnerable seniors, people with disabilities, honored veterans, and other members of the public. Span Transportation is a demand response program that provides shared ride services for Coppell Residents. Because of city contributions, we are able to provide low-cost fares to riders over the age of 60 and people with disabilities, going anywhere in Coppell’s contracted service area. Each one-way trip is $3.00 Approved Trip Purposes: •Medical •Shopping •Public Libraries •Senior Programs •Employment •Education •Nutrition •Recreation •Life Skills Programs Our Transportation Team DRIVERS: •Trained, Credentialed, and Fully Vetted •Represented on the Span Safety Committee •Mission Minded •Developing Professional Relationships DISPATCH: •Client Reservations •Friendly and Helpful Customer Service •Driver Liaison/Constant Communication •Experienced and Tenured Staff SCHEDULING: •Software Assisted Route Scheduling •Ensure Service Quality and Efficiency •Maximize Rider Access to Trips •Applied Route and Driving Experience •Thirty-Four Fully ADA Compliant Vehicles (34) •Professional Preventative Maintenance and Repair Staff •Utilize a Software Maintenance Module to track PM and repairs. •Vehicles Maintained in State of Good Repair (SGR) •Audited by TxDOT, NCTCOG, and DPS •Eight (8) new Mini-Buses Delivered in August 2023 •All Vehicles Stored and Maintained at Secure Centralized Facility Our Fleet •Reservation Window move from 1 – 14 days to 2 – 14 days •Increase the number of people we can serve •More efficient Schedules •Updated “Helpful Information” for new and existing Riders •Based on Frequent Rider Questions •Input from Staff Policies and Procedures 2025 •In FY 2024, October 2023 through July 2024, Span provided 1220 one-way transportation trips. •The projected monthly trip count is One Hundred Fifty (150) in FY 2025. •The Rate is $21.96 per one-way trip. •The October 1, 2024 – September 30, 2025 Budget Request for Local Contribution is $39,528.00. •FY 2024 Unduplicated Riders: Twenty-Six (26) City Support Thank You from Span! Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7533 File ID: Type: Status: 2023-7533 Agenda Item Consent Agenda 1Version: Reference: In Control: Parks and Recreation 06/25/2024File Created: Final Action: WW Spectator ShadeFile Name: Title: Consider approval of a purchase for the replacement of baseball spectator shade structures at the Wagon Wheel Park Baseball Complex, from Shade Structures, Inc. DBA USA Shade, in the amount of $166,180.63 as provided for the Coppell Recreation Development Corporation (CRDC) fund, with contract pricing through BuyBoard, Contract No. 679-22; and authorizing the City Manager to sign all necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Quote.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7533 Title Consider approval of a purchase for the replacement of baseball spectator shade structures at the Wagon Wheel Park Baseball Complex, from Shade Structures, Inc. DBA USA Shade, in the amount of $166,180.63 as provided for the Coppell Recreation Development Corporation (CRDC) fund, with contract pricing through BuyBoard, Contract No. 679-22; and authorizing the City Manager to sign all necessary documents. Summary See attached memo. Fiscal Impact: The fiscal impact of this agenda item is $166,180.63, with $97,800 provided for in the budget of the Coppell Recreation Development Corporation (CRDC) fund and the remaining $68,380.63 from CRDC fund balance. Staff Recommendation: Page 1City of Coppell, Texas Printed on 9/6/2024 Master Continued (2023-7533) The Community Experiences Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 9/6/2024 1 MEMORANDUM To: Mayor and City Council From: David Ellison, Park Operations Manager Via: Jessica Carpenter, Director of Community Experiences Date: September 10, 2024 Reference: Consider approval of a purchase for the replacement of baseball spectator shade structures at the Wagon Wheel Park Baseball Complex, from Shade Structures, Inc. DBA USA Shade, in the amount of $166,180.63 as provided for the Coppell Recreation Development Corporation (CRDC) fund, with contract pricing through BuyBoard, Contract No. 679-22; and authorizing the City Manager to sign all necessary documents. 2040: Sustainable City Government: Excellent and Well-Maintained City Infrastructure and Facilities Introduction: The purpose of this agenda item is to seek approval for the replacement of the five (5) spectator shade structures at the Wagon Wheel Baseball Complex from Shade Structures, Inc. DBA USA Shade, in the amount of $166,180.63 as budgeted in the Coppell Recreation Development Corporation (CRDC) fund, with contract pricing through BuyBoard, Contract No. 679-22. This item was budgeted in the 2023-2024 CRDC Work Plan at a cost of $97,800. The additional $68,380.63 needed for this project is available in the CRDC fund balance. Background: The baseball spectator shade structures provide relief from the sun and heat during games for both teams and spectators. They also provide protection from foul balls hit into the area. These shade structures are designed to have a life expectancy of approximately 10 years depending on environmental conditions. The existing shade structures were installed in 2009 by USA Shade. With the repainting of city amenities at this facility including the shade structure framing, the old material will have to be removed and it is recommended to install new shade structure material. The rising costs of materials and labor impacted the cost of this project from the amount budgeted in the 2023-2024 CRDC Work Plan. 2 Benefit to the Community: The replacement of these spectator shade structures will provide relief from the sun and heat for the baseball teams and spectators. It will also give athletic field patrons a safer and more enjoyable experience. Legal Review: The City Purchasing Division has reviewed this item and approves this contracting method. Fiscal Impact: The fiscal impact of this agenda item is $166,180.63, as provided for in the Coppell Recreation Development Corporation (CRDC) fund, and CRDC fund balance. Recommendation: The Community Experiences Department recommends approval of this item. www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Wagon Wheel Park – Buy Board #679-22 Fabric Replacement Proposal Pricing Valid for 30 Days Project Information: Sales Information: Purchaser: City of Coppell Community Experiences Contact: Ellison, David Sales Rep: Staib, Halle Project Name: Wagon Wheel Phone: (972) 462-5119 Phone: (832) 405-0888 Quote No: TX0724HS15568-R0 Email: dellison@coppelltx.gov Email: Halle.Staib@usa- shade.com Billing Address Information: Shipping Address Information: Jobsite Information: Name: City of Coppell Community Experiences Name: City of Coppell Community Experiences Name: City of Coppell Community Experiences Address: 255 Parkway Blvd Address: 345 Freeport Pkwy Address: 255 Parkway Blvd City: Coppell City: Coppell City: Coppell State: TX State: TX State: TX Zip Code: 75019 Zip Code: 75019 Zip Code: 75019 Contact: David Ellison Contact: David Ellison Contact: David Ellison Email: dellison@coppelltx.gov Email: dellison@coppelltx.gov Email: dellison@coppelltx.gov Phone: (972) 462-5119 Phone: (972) 462-5119 Phone: (972) 462-5119 NOTE : This message is intended only for the use of the individual to whom it is addressed, and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, CORPORATE ADDRESS: 2580 Esters Blvd., Suite 100 DFW Airport, TX 75261 MAILING ADDRESS: P.O. Box 3467 Coppel, TX 75019 REMITTANCE ADDRESS: P.O. Box 734158 Dallas, TX 75373- 4158 SOUTHERN CALIFORNIA: 1085 N. Main Street, Suite C Orange, CA 92867 NORTHERN CALIFORNIA: 927 Enterprise Way, Suite A Napa, CA 94558 ARIZONA: 2415 S. 18th Place Phoenix, AZ 85024 LAS VEGAS: 3111 So. Valley View Blvd. Suite B-117 Las Vegas, NV 89102 www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any unauthorized disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by phone and return the original message to the applicable address above. PRODUCTS PRICING TOTALS: PAYMENT TERMS Unit Total See Total Below Payment terms subject to credit evaluation and approval Shipping/Handling *Subject to market fluctuation Included ENGINEERING REQUIREMENTS SUBTOTAL See Total Below Building Code Wind Loads Snow Loads Sales Tax Exempt Engineering Excluded ENGINEERING NOTES Installation Included TOTAL PRICE $166,180.63 SCOPE OF WORK/NOTES Quote includes the fabric and installation of 5 grommeted wrap-around shade structures located at Wagon Wheel Park. Each panel is measured but the large section measurements are listed below. Field #1: 51’ x 43’ x 52’ Field #2: 51.25’ x 42’ x 51.25’ Field #3: 51.5’ x 43.5’ x 51.5’ Field #4: 51.5’ x 43.5’ x 51.5; Field #5: 51.5’ x 43.5’ x 51.25’ Approximately 21,000 sq ft Fabric type is Shadesure in color Royal Blue *Warranty is not valid for the fabric due to the structures not being ours and their being grommeted. * INCLUSIONS / EXCLUSIONS INCLUDED / EXCLUDED ENGINEERING REQUIREMENTS INCLUDED / EXCLUDED INSTALLATION - MISCELLANEOUS Excluded Sealed Drawings & Calculations Excluded Prevailing Wage / Certified Payroll Excluded Permit Fee Excluded Union Wages Excluded Fencing Excluded Water and Electrical Excluded Payment and Performance Bonds Construction Assumptions www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 1) The designated area for our structures will be accessible by drive-up for unloading of our trucks and equipment, including personnel man-lifts, forklifts, etc. Should a crane be required and direct access not available, additional costs for such will be submitted by a Change Order. 2) Our pricing is based on the ability to perform all of our work with clear, sequential, and continuous access without interruption during normal daytime working hours. We have assumed one mobilization for the installation of foundations, steel and fabric; if additional mobilizations are required, there will be an additional charge. We will require exclusive access to the area for our work during the construction process. 3) Our pricing does not include daily site delays accessing the work areas. USA SHADE will submit a Change Order for any delays caused by other trades which interfere or cause us to stop working. 4) We will require site sanitary facilities and refuse containers by others within 200 feet of our work. 5) USA SHADE will leave its work and materials in a clean condition at the conclusion of our work. 6) Barricades and public security requirements are not included. 7) Unless specifically included in this proposal, this agreement does not include, and Company will not provide, services, labor, or materials for any of the following work: (a) removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA; (b) moving Owner’s property around the installation site; (c) repair or replacement of any Purchaser or Owner-supplied materials; or (d) repair of damage to existing surfaces that may occur when construction equipment and vehicles are being used in the normal course of construction. 8) Pricing for foundation design is based on drilled pier footings. In the event the geotechnical report requires an alternate configuration, any additional costs incurred will be submitted to the client by a Change Order. 9) Digging of our foundations will not be constrained by any existing concrete or utilities. USA SHADE will not be responsible for moving or repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation. 10) Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair, resulting in delay, will result in additional charges unless they are detailed on as-built site drawings provided to USA SHADE or marked on the ground and communicated to USA SHADE in writing prior to installation. www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 GENERAL TERMS & CONDITIONS AND WARRANTY 1) Proposal: The above proposal is valid for 15 days from the date first set forth above. After 15 days, we reserve the right to increase prices due to the rise in cost of raw materials, fuel, or other cost increases. When applicable, USA SHADE & Fabric Structures reserves the right to implement a surcharge for significant increases in raw materials, including, but not limited to; fuel, steel, and concrete. Due to the duration of time between proposals, contracts, and final installation, USA SHADE & Fabric Structures reserves the right to implement this surcharge, when applicable. 2) Purchase: By executing this proposal, or submitting a purchase order pursuant to this proposal (which shall incorporate the terms of this agreement specifically by reference) which is accepted by USA SHADE & Fabric Structures (the “Company”), the purchaser identified above (“you” or the “Purchaser”) agrees to purchase Shade Structures brand shade structures (“Structures”) and the services to be provided by the Company, as detailed in the “Structure Pricing” and “General Scope of Work” sections of this agreement, above, or in the relevant purchase order accepted by the Company, for use by Purchaser or for installation by Company or Purchaser on behalf of a third-party who will be the ultimate owner of the Structures (the ultimate owner of a Structure, whether Purchaser or a third-party, being the “Owner”). 3) Short Ship Claims: Purchaser has 15 days from receipt of the structures to file a short ship report in writing to its sales representative. Company will not honor claims made after this time. 4) Short Ship Claims: Purchaser has 15 days from receipt of the structures to file a short ship report in writing to its sales representative. Company will not honor claims made after this time. 5) Bonding Guidelines: If Purchaser will use or provide the Structures and Services for an Owner other than Purchaser (including, without limitation, as a subcontractor of Purchaser), Purchaser will include the following statement in Purchaser’s contract with Owner: “The manufacturer’s warranty for the Shade Structures brand shade structures is a separate document between USA SHADE & Fabric Structures and the ultimate owner of the Shade Structures brand shade structures, which will be provided to the ultimate owner at the time of completion of the installation and other services to be provided by USA SHADE & Fabric Structures. Due to surety requirements, any performance and/or payment bond will cover only the first year of the USA SHADE & Fabric Structures warranty.” 6) Insurance Requirements: Company is not required to provide any insurance coverage in excess of Company’s standard insurance. A copy of the Company’s standard insurance is available for your review prior to acceptance of the Company’s proposal. www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 7) Payment: Terms of payment are defined in the “Pricing Details” section and are specific to this contract. For purposes of this agreement, “Completion” is defined as being the point at which the Structure is suitable for its intended use, the issue of occupancy consent, or a final building department approval is issued, whichever occurs first. Progress billing and payment will be required. All payments must be made to Shade Structures, Inc., P.O. Box 734158, Dallas, TX 75373-4158. Company may use all remedies available to it under current laws including, but not limited to, filing of liens against the property and using a collection agency or the courts to secure the collection of the outstanding debt. 8) Lien Releases: Upon request by Owner, Company will issue appropriate partial lien releases as corresponding payments are received from Purchaser, but prior to receiving final payment from Purchaser or Owner. Company will provide a full release of liens upon receipt of final payment. In accordance with state laws, Company reserves the right to place a lien on the property if final payment has not been received 10 days prior to the filing deadline for liens. 9) Site Plan Approval, Permit/s, Permit Fees, Plans, Engineering Drawings, and Surveying: Site plan approval, permits, permit fees, plans, engineering drawings, and surveying are specifically excluded from this agreement and the Services unless specified under the “General Scope of Work”. The Company does not in any way warrant or represent that a permit or site plan approval for construction will be obtained. Sealed engineered drawings that are required but not included in the “General Scope of Work” will result in an additional cost to Purchaser. 10) Manufacturing & Delivery: Manufacturing lead-time from Company’s receipt of the “Notice To Proceed” is approximately 6 to 8 weeks for standard structures, and 8 to 12 weeks for custom structures. Delivery is approximately 1 week thereafter. Delivery of structures may be prior to or at start of assembly. Please note that these timelines do not include approval or permitting timeframes. 11) Return Policy for USA Shade: At USA Shade, we strive to provide high-quality shade structures that are built to order and tailored to meet the unique needs of our customers. Due to the nature of our business and the customization involved, we have implemented the following return policy: 1. No Cancellations or Changes: Once an order has been released for production, we cannot accept any cancellations or changes to the order. It is crucial for customers to review their order details carefully before finalizing the purchase. 2. No Returns: Due to the customized nature of our shade structures, we do not accept returns. Once the order has been delivered and installed, it is considered a final sale. We encourage customers to thoroughly assess their requirements and specifications before ordering. 3. Product Quality Assurance: We take pride in delivering high-quality shade structures that meet industry standards. Our products undergo rigorous quality control measures to ensure they meet or exceed customer expectations. In the unlikely event that there is a manufacturing defect or an issue with the product, please get in touch with our customer service department immediately for assistance. www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 4. Warranty Coverage: Our shade structures are backed by a warranty against manufacturing defects or material faults. If you encounter any issues the warranty covers, please take a look at our warranty policy for more instructions on how to proceed. 5. Customer Support: We are committed to providing excellent customer service throughout your purchasing journey. If you have any questions or concerns or need help with your order, our dedicated customer support team is here to help. Don’t hesitate to contact us via phone, email, or our website's contact form, and we will gladly assist you. It is essential for customers to understand and acknowledge these terms and conditions before placing an order with USA Shade. Customers agree to abide by this return policy by proceeding with a purchase. 12) Concealed Conditions: ”Concealed conditions” include, without limitation, water, gas, sprinkler, electrical and sewage lines, post tension cables, and steel rebar. This agreement is based solely on observations the Company was able to make either by visual inspection or by dra wings and/or plans submitted by Owner at the time this agreement was bid. If additional Concealed Conditions are discovered once work has commenced, which were not visible at the time this proposal was bid, Company will stop work and indicate these unforeseen Concealed Conditions to Purchaser or Owner so that Purchaser and Company can execute a Change Order for any additional work. In any event, any damage caused by or to unforeseen Concealed Conditions is the sole responsibility of the Purchaser and Company shall not be held liable for any such damage. Soil conditions are assumed to be soil that does not contain any water, hard rock (such as limestone, caliche, etc.), rocks larger than 4 inches in diameter, or any other condition that will require additional labor, equipment and/or materials not specified by the Purchaser or Owner in the bidding process. Any condition requiring additional labor, equipment, and/or materials to complete the drilling or concrete operations will require a Change Order before Company will complete the process. Price quotes are based on a drilled pier footing. Any variation will incur additional charges (i.e. spread footings, concrete mat, sand, water, landfill, etc.). Costs for footing and installation do not include any allowance for extending below frost lines (the additional costs for which vary by geographical region) 13) Changes in the Work: During the course of this project, Purchaser may order changes in the work (both additions and deletions). Additionally, an approving agency may require changes in the work from the original design or engineering quoted and provided by the Company (both additions and deletions.) The cost of these changes will be determined by the Company, and a Change Order form must be completed and signed by both the Purchaser and the Company, which will detail the “General Scope of the Change Order”. Should any Change Order be essential to the completion of the project, and the Purchaser refuses to authorize such Change Order, then Company will be deemed to have performed its part of the project, and the project and services will be terminated. Upon such termination, Company will submit a final billing to Purchaser for payment, less a labor allowance for work not performed but including additional charges incurred due to the stoppage. No credit will be allowed for materials sold and supplied, which will remain the property of the Purchaser. 14) Indemnification: To the fullest extent permitted by law, Purchaser shall indemnify, defend, and hold harmless the Company and its consultants, agents, and employees or any of them www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 from and against claims, damages, losses and expenses, including, but not limited to, attorneys’ fees related to the installation of the Structure or performance of the services, provided that such claim, damage, loss, or expense is attributable to bodily injury to, sickness, disease, or death of a person, or to injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of the Purchaser or its agents, employees, or subcontractors, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in Section 15. 15) Statement of Limited Warranty: • The structural integrity of all supplied steel is warranted for ten years. • If assembly is provided by the Company, workmanship of the structure is covered for one year, including labor for the removal of any failed part, disassembly (if necessary), cost of shipping, and reassembly. • All steel surface finishes are warranted for one year. • Shadesure™, Colourshade® FR, eXtreme 32™, Commercial 95™, SaFRshade™, and Monotec 370™ fabrics all carry a ten year limited manufacturer’s warranty against failure from significant fading, deterioration, breakdown, outdoor heat, cold, or discoloration. Should the fabric need to be replaced under the warranty, the Company will manufacture and ship a new replacement fabric at no charge for the first six years, thereafter pro-rated at 20% per year over the remaining four years. The following are exceptions to the preceding warranty terms: o Shadesure™ fabrics in Red, Yellow, Atomic Orange, Electric Purple, Zesty Lime, Cinnamon, Olive, and Mulberry carry a five year pro-rated o Fabric tops attached to Coolbrella™ structures carry a three year warranty; o Individual fabric tops measuring greater than 40’ in length are covered by a non-prorated five year warranty; o Precontraint 502™ waterproof membrane is subject to an eight year pro - rated warranty. • Sewing thread is warranted for ten years. • These limited warranties are effective from the date of sale, or, if assembly is provided by the Company, upon receipt by Company from Purchaser of a completed and signed “Customer Checklist and Sign-off” form. • In its sole discretion, the Company will repair and or/replace defective structures, products or workmanship, or refund that portion of the price related to the defective product, labor, or service rendered. • The Company reserves the right, in cases where certain fabric colors have been discontinued, to offer the Purchaser or Owner a choice of available alternative colors to replace the warranted fabric. The Company does not guarantee that any particular color will be available for any period of time, and reserves the right to discontinue any www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 color for any reason, without recourse by the Purchaser or Owner of the discontinued fabric color. • Should the Purchaser or Owner sell the structures to another party, the warranty cannot be transferred to the new owner without a complete and thorough on-site inspection performed by a Company representative. Please contact the Company at warranty@usa-shade.com for more details. • All warranty claims covering Company supplied structures, products, and services must be submitted by Purchaser or Owner in writing to the Company within thirty days from the date of discovery of the alleged defect and must include a detailed description and applicable photographs of the alleged defect or problem. Warranty claims should be submitted by email to warranty@usa-shade.com. • Purchaser or Owner agrees that venue for any court action to enforce these limited warranties shall be in the City or County of Dallas in the State of Texas, USA. • These limited warranties are void if: o the supplied structures, products, services and/or labor are not paid for in full; o the structures are not assembled in strict compliance with USA SHADE specifications; o any changes, modifications, additions, or attachments are made to the structures in any way, without prior written approval from the Company. Specifically, no signs, objects, fans, light fixtures, etc. may be hung from the structures, unless specifically engineered by the Company. • These limited warranties do not cover defects and/or damages caused by: o normal wear and tear; o misuse, willful or intentional damage, vandalism, contact with chemicals, cuts and Acts of God (i.e. tornado, hurricane, micro/macros burst, earthquake, wildfires, etc.); o ice, snow or wind loads in excess of the designed load parameters engineered for the supplied structures; o use, maintenance, neglect, repair, and/or service inconsistent with the Company’s written care and maintenance instructions, provided with the order. • The limited warranties explicitly exclude: o workmanship related to assembly not provided by the Company or its agents; o fabric curtains, valances, and flat vertical panels; o fabric tops installed on structures that were not engineered and originally supplied by the Company. • THE COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, LIQUIDATED, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF REVENUE, PROFIT, USE OR GOODWILL, WHETHER BASED UPON CONTRACT, TORT www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT OR SERVICE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE FOR ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY. • THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR THE COMPANY’S PRODUCTS AND SERVICES, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. PURCHASER, BY ACCEPTANCE AND USE OF THIS LIMITED WARRANTY, WAIVES ANY RIGHTS IT WOULD OTHERWISE HAVE TO CLAIM OR ASSERT THAT THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. Colourshade ® and eXtreme 32™ are registered trademarks of Multiknit Pty. Ltd. Commercial 95™ and SaFRshade™ are registered trademarks of Gale Pacific USA Inc Monotec 370™ is a registered trademark of PRO-KNIT Industries Pty. Ltd. Precontraint 502™ is a registered trademark of Serge Ferrari North America, Inc. 16) Assembly/Installation: • Company will notify Purchaser of the scheduled assembly date. Owner agrees to have an owner representative meet the assembly crew at the job site on the scheduled assembly date to verify the exact location where the structure(s) is to be placed. • Labor for the removal, assembly, and/or freight charges will only be covered by Company in instances where the structures supplied and installed by Company are determined by the Company to be defective. In all cases where structures are not installed by Company, all labor for the removal, assembly, and/or freight of the structures will be the Purchaser’s responsibility. • Installation prices are based on a single mobilization charge. If additional mobilizations are required, there will be additional charges. • If the requested services require Company access to Owner’s premises, Company will be provided access to the Owner’s premises free and clear of debris, automobiles, or other interference Monday ~ Friday during the hours of 8:00am to 6:00pm, and Company will have access to water and electrical facilities during installation. Additional charges will apply if utilities are not easily accessible. Where applicable, all vehicles will be moved prior to Company’s crew beginning any installation. • Company will not be responsible for moving or repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation. • Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair resulting in delay will result in additional charges unless they are detailed on as-built site drawings provided to Company or marked on the ground and communicated to Company in writing prior to fabrication and installation. www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 17) Installation/Assembly on-site: Where installation/assembly is part of the services, Purchaser must provide the Company with a detailed drawing prepared by or for the Owner showing exactly where the structures are to be assembled as well as detailing any obstacles or other impediments that may cause the assembly process to be more difficult. Any fixture(s), e.g., playground, pools, etc., that the structures are to be assembled over must also be detailed, along with their peak heights (if applicable). 18) Site/Use Review by Purchaser: Company relies on the Purchaser to determine that the structures ordered are appropriate and safe for the Owner’s installation site and/or intended use. Company is not responsible for damages or injuries resulting from collisions by moving objects or persons with the structure post(s). Company can recommend, or supply at additional cost, padding for posts from a third party manufacturer. 19) Preparatory Work: Where installation/assembly is part of the services and in the event that the foundation or job site is not suitable or ready for assembly to begin on the scheduled day, a Delay of Order notification must be sent to Company at least 4 working days prior, in order to allow Company to reschedule the project. In the event that Company is not notified and incurs an expense in attempting to execute the assembly, a re-mobilization charge may be charged to Purchaser before Company will reschedule the assembly. 20) Delegation: Subcontractors: The services and the manufacturing and assembly of the structures may be performed by subcontractors under appropriate agreements with the Company. 21) Force Majeure: Impracticability: The Company shall not be charged with any loss or damage for failure or delay in delivering or assembling of the structures when such failure or delay is due to any cause beyond the control of the Company, due to compliance with governmental regulations or orders, or due to any Acts of God, strikes, lockouts, slowdowns, wars, or shortages in transportation, materials or labor. 22) Dispute Resolution: Any controversy or claim arising out of or related to this agreement must be settled by binding arbitration administered in Dallas, TX by a single arbitrator selected by the parties or by the American Arbitration Association, and conducted in accordance with the construction industry arbitration rules. Judgment upon the award may be entered in any court having jurisdiction thereof. 23) Entire Agreement; No Reliance: This agreement represents and contains the entire agreement between the parties. Prior discussion or verbal representations by the parties that are not contained in this agreement are not part of this agreement. Purchaser hereby acknowledges that it has not received or relied upon any statements or representations by Company or its agents which are not expressly stipulated herein, including without limitation any statements as to the structures, warranties, or services provided hereunder. 24) No Third-Party Beneficiaries: This agreement creates no third-party rights or obligations between Company and any other person, including any Owner who is not also a Purchaser. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of this agreement. www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 25) Governing Law: The agreement will be construed and enforced in accordance with the laws of the State of Texas. 26) Assignment: Purchaser may not assign this agreement, by operation of law or otherwise, without the prior written consent of Company. The agreement shall be binding upon and insure to the benefit of the Company and the Purchaser, and their successors and permitted assigns. 27) Electronic Signatures. Each party agrees that the electronic signatures of the parties to this Agreement, whether digital or encrypted, including but not limited to the use of a typed name, are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including but not limited to typed or email electronic signatures. PURCHASER: SELLER: Shade Structures, Inc. DBA USA Shade NOTE: All purchase orders and contracts should be drafted in the name of Shade Structures, Inc. Signature: By: Title: Date: Signature: By: Title: Date: Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7534 File ID: Type: Status: 2023-7534 Agenda Item Consent Agenda 1Version: Reference: In Control: Parks and Recreation 06/25/2024File Created: Final Action: Painting of City AmenitiesFile Name: Title: Consider award of Bid No. Q-0824-03 to Custard Construction Services for exterior painting at City recreational facilities, in the amount of $109,223.53 as budgeted in the Coppell Recreation Development Corporation (CRDC) fund; and authorizing the City Manager to sign all necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Bid Tabulation.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7534 Title Consider award of Bid No. Q-0824-03 to Custard Construction Services for exterior painting at City recreational facilities, in the amount of $109,223.53 as budgeted in the Coppell Recreation Development Corporation (CRDC) fund; and authorizing the City Manager to sign all necessary documents. Summary See attached memo. Fiscal Impact: The fiscal impact of this agenda item is $109,223.53, as budgeted in the Coppell Recreation Development Corporation (CRDC) fund. Staff Recommendation: The Community Experiences Department recommends approval. Strategic Pillar Icon: Page 1City of Coppell, Texas Printed on 9/6/2024 Master Continued (2023-7534) Sustainable Government Page 2City of Coppell, Texas Printed on 9/6/2024 1     MEMORANDUM      To: Mayor and City Council     From: David Ellison, Park Operations Manager Jessica Carpenter, Director of Community Experiences   Date: September 10, 2024   Reference: Consider award of Bid No. Q-0824-03 to Custard Construction Services for exterior painting at City recreational facilities, in the amount of $109,223.53 as budgeted in the Coppell Recreation Development Corporation (CRDC) fund; and authorizing the City Manager to sign all necessary documents.   2040: Sustainable Government       Introduction:    The purpose of this agenda item is to award a bid to Custard Construction Services for the exterior painting of City facilities maintained by the Community Experiences Department in the amount of $109,223.53. This item was included in the 2023-2024 CRDC Work Plan at a cost of $123,200.00. Background:   On August 2, 2024, the Community Experiences Department solicited bids for exterior painting of City facilities maintained by the Community Experiences Department. On August 22, 2024, four (4) vendors submitted bids for consideration by staff. Please see the bid-tabulation document that is attached. The painting bid packet featured a Base Bid Section shown as “Schedule A” and an Alternate Bid Section shown as “Schedule B”. Schedule A includes the prepping and painting of amenities at the Wagon Wheel Park facility. Those amenities include baseball spectator stand handrails and fencing, baseball field spectator shade beams, a baseball gazebo, the soccer practice pavilion, soccer spectator structures, baseball/soccer electrical boxes, baseball foul poles, trail walkway fencing to baseball Field 6, and Field 6 pavilion fencing. The six items listed in Schedule B include prepping and painting of baseball concession stand metal inserts, 80 light posts at the Wagon Wheel Park facility, Thweatt Park fencing, and North Levee Trail fencing. Schedule B was also added to allow staff to have the option to ensure that maintenance and expectation needs were being met at various areas within the Community Experiences Parks. 2 The bid packet informed bidders that this was a ‘Best Value’ bid and would be rated based on the following criteria: Experience and Qualifications, References, Price, and Alternate Bids. Based on this criterion, staff rated each submittal to choose the contractor with the overall best value for the City of Coppell. While Custard Construction did not submit the lowest cost bid, City staff rated their bid to be best value based on the criteria included in the bid packet. Benefit to the Community: Improving beautification and ensuring that the maintenance expectations are met for the Community. Legal Review: City Attorney has reviewed the bid. Fiscal Impact: The fiscal impact of this agenda item is $109,223.53, as budgeted in the Coppell Recreation Development Corporation (CRDC) fund. Recommendation: The Community Experiences Department recommends approval of this item. Item Number Custard Construction Services Concord Commercial Services Prestige Building Group Industrial Coating & More 1 1,907.03$ 1,890.00$ 3,750.00$ 11,779.22$ 2 12,022.57$ 20,000.00$ 7,500.00$ 23,558.44$ 3 22,330.00$ 20,300.00$ 17,500.00$ 32,392.86$ 4 2,404.51$ 2,600.00$ 4,000.00$ 3,533.77$ 5 6,947.69$ 3,430.00$ 5,500.00$ 3,533.77$ 6 12,636.14$ 13,000.00$ 6,500.00$ 20,613.64$ 7 3,565.31$ 2,085.00$ 1,500.00$ 3,533.77$ 8 3,935.67$ 4,980.00$ 3,600.00$ 7,067.53$ 9 2,507.34$ 3,480.00$ 2,700.00$ 4,711.69$ 10 3,233.66$ 2,480.00$ 2,500.00$ 5,889.61$ Subtotal 71,489.92$ 74,245.00$ 55,050.00$ 116,614.30$ Item Number Custard Construction Services Concord Commercial Services Prestige Building Group Industrial Coating & More 1 1,454.33$ 1,164.00$ 1,200.00$ 1,766.88$ 2 27,057.96$ 12,800.00$ 16,800.00$ 23,558.44$ 3 1,817.92$ 2,088.00$ 1,600.00$ 3,533.77$ 4 2,766.39$ 3,200.00$ 1,600.00$ 5,889.61$ 5 3,293.33$ 3,750.00$ 3,000.00$ 11,779.22$ 6 1,343.68$ 2,400.00$ 1,600.00$ 6,478.57$ Subtotal 37,733.61$ 25,402.00$ 25,800.00$ 53,006.49$ TOTAL COST 109,223.53$ 99,647.00$ 80,850.00$ 169,620.79$ BASE BID: PRICING SCHEDULE A ALTERNATE BID: PRICING SCHEDULE B City of Coppell #Q-0824-03 City Facilities Exterior Painting - As Read Bid Tabulation August 22, 2024 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7640 File ID: Type: Status: 2024-7640 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 09/03/2024File Created: Final Action: SC Member ResignationFile Name: Title: Consider accepting the resignation of Will Watkins from the Smart City Board. Notes: Sponsors: Enactment Date: Memo.pdf, Resignation.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7640 Title Consider accepting the resignation of Will Watkins from the Smart City Board. Summary Fiscal Impact: None Staff Recommendation: Staff recommends approval. Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 9/6/2024 1 MEMORANDUM To: Mayor and City Council From: Ashley Owens, City Secretary Date: September 10, 2024 Reference: Consider accepting the resignation of Will Watkins from the Smart City Board. 2040: Sustainable Government Introduction: The purpose of this agenda item is to accept the resignation of Will Watkins from the Smart City Board. The City Secretary’s Office recommends leaving the position vacant and filling the position during the annual appointment process in the Fall. The position’s term expires December 31, 2025. Benefit to the Community: The vacant position will allow for a new volunteer to join the board for the remainder of the unexpired term. Legal Review: N/A Fiscal Impact: N/A Recommendation: Staff recommends accepting the resignation. From:Phoebe Stell To:Ashley Owens Subject:Fwd: Smart City Board Attendance Date:Saturday, August 31, 2024 2:18:37 PM FYI Phoebe From: Will Watkins Sent: Saturday, August 31, 2024 1:46:02 PM To: Phoebe Stell <phoebe.stell@coppelltx.gov> Cc: Josh Littrell <JLittrell@coppelltx.gov> Subject: Re: Smart City Board Attendance Hello Phoebe, my daughter has began athletics on Monday nights. Please accept my resignation effective immediately. Thanks Will Watkins, PE m On Thu, Aug 29, 2024 at 12:31 PM Phoebe Stell <phoebe.stell@coppelltx.gov> wrote: Hi Mr. Watkins! I am reaching out regarding your attendance to the Smart City Board meetings. While we understand everyone is busy with family and work- related activities, our boards cannot function without regular attendance by their members. Our records indicate you have missed two scheduled meetings this year. The next step after the third absence is for our office to notify City Council and for Council to consider your appointment. We appreciate your participation and thank you for your cooperation in this matter! If you have any questions, feel free to reply to this email or call us at 972-304-3669. Thank you, Phoebe Stell Deputy City Secretary City of Coppell Direct: 972-304-7016 469-724-6266 coppelltx.gov Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7643 File ID: Type: Status: 2024-7643 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 09/04/2024File Created: Final Action: FOARD ResignationFile Name: Title: Consider accepting the resignation of Taryn Natzic from the Future Oriented Approach to Residential Development (FOARD) Task Force. Notes: Sponsors: Enactment Date: Memo.pdf, Resignation.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7643 Title Consider accepting the resignation of Taryn Natzic from the Future Oriented Approach to Residential Development (FOARD) Task Force. Summary Fiscal Impact: N/A Staff Recommendation: Staff recommends approval. Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 9/6/2024 1 MEMORANDUM To: Mayor and City Council From: Ashley Owens, City Secretary Date: September 10, 2024 Reference: Consider accepting the resignation of Taryn Natzic from the Future Oriented Approach to Residential Development (FOARD) Task Force. 2040: Sustainable Government Introduction: The purpose of this agenda item is to accept the resignation of Taryn Natzic from the FOARD Task Force. The City Secretary’s Office recommends leaving the position vacant and filling the position during the annual appointment process in the Fall. The position’s term expires December 31, 2024. Benefit to the Community: The vacant position will allow for a new volunteer to join the board for a full two-year term in January 2025. Legal Review: N/A Fiscal Impact: N/A Recommendation: Staff recommends accepting the resignation. From:Mindi Hurley To:Ashley Owens Subject:Fwd: FOARD Position Date:Wednesday, September 4, 2024 9:18:14 AM Get Outlook for iOS From: Taryn Natzic Sent: Monday, July 22, 2024 12:08 PM To: Mindi Hurley <MHurley@coppelltx.gov> Subject: Re: FOARD Position Hi Mindi, We will no longer be Coppell residents as of September 10. That is a sad sentence to type out. :( I’m going to do my best to attend the August meeting but won’t know if I will be available till a bit closer. It will just depend on what activities are happening with our home sale/purchase. Thanks Taryn Natzic > On Jun 20, 2024, at 4:56 PM, Taryn Natzic wrote: > > Hi Mindi, > > My husband has accepted a job with Exxon as part of an acquisition and it is requiring us to relocate to Houston. I’m not completely sure of the timeline but we are trying to relocate by the end of the summer. Once I have more details, I’ll share and can give more specifics on when my last meeting will be. > > Thank you for selecting me for this board. I had hopes of being able to contribute much longer. None the less, I have learned a great deal from my involvement. > > Thanks > Taryn Natzic > > Sent from my phone Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7644 File ID: Type: Status: 2024-7644 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 09/04/2024File Created: Final Action: Atmos 2024File Name: Title: Consider approval of a Resolution of the City Council of the City of Coppell, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the Company's 2024 rate review mechanism filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the settlement; approving an attachment establishing a benchmark for pensions and retiree medical benefits; finding the rates to be set by the tariffs to be just and reasonable and in the public interest; requiring the Company to reimburse ACSC's reasonable ratemaking expenses; determining that this Resolution was passed in accordance with the requirements of the Texas Open Meetings Act; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Resolution.pdf, CY23 MTX RRM - Tariffs.pdf, CY23 MTX RRM - Pension Benchmark.pdf, CY23 MTX RRM - Average Bill.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7644 Title Consider approval of a Resolution of the City Council of the City of Coppell, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the Company's 2024 rate review mechanism filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the settlement; approving an attachment establishing a benchmark for pensions and retiree medical benefits; finding the rates to be set by the Page 1City of Coppell, Texas Printed on 9/6/2024 Master Continued (2024-7644) tariffs to be just and reasonable and in the public interest; requiring the Company to reimburse ACSC's reasonable ratemaking expenses; determining that this Resolution was passed in accordance with the requirements of the Texas Open Meetings Act; and authorizing the Mayor to sign. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: [Enter Staff Recommendation Here] Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 9/6/2024 1 MEMORANDUM To: Mayor and City Council From: Kent Collins, P.E., Deputy City Manager Date: September 10, 2024 Reference: Consider approval of a Resolution of the City Council of the city of Coppell, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division regarding the Company’s 2024 rate review mechanism filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the settlement; finding the rates to be set by the tariffs to be just and reasonable and in the public interest; requiring the Company to reimburse ACSC’s reasonable ratemaking expenses; determining that this resolution was passed in accordance with the requirements of the Texas open meetings act; and authorizing the Mayor to sign. 2040: Sustainable City Government Introduction: The proposed Resolution declares that existing rates are unreasonable, which is necessary to adopt new tariffs, and approves a negotiated settlement between ACSC cities and Atmos Energy Corporation to adopt tariffs that reflect rate adjustments consistent with the settlement. The effective date for new rates is October 1, 2024. The attachments include the Resolution, tariff summary and average bill comparisons. Background: The City, along with 181 other Mid-Texas cities served by Atmos Energy Corporation, Mid-Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC”). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation). That settlement created a substitute rate review process, referred to as Rate Review Mechanism (“RRM”), as an alternate for future filings under the GRIP statute. ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by ignoring declining expenses and increasing revenues while rewarding the Company for increasing capital investment on an annual basis. The GRIP process does not allow any review of the reasonableness 2 of capital investment and does not allow cities to participate in the Railroad Commission’s review of annual GRIP filings or allow recovery of Cities’ rate case expenses. The Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full hearing) and rate increases go into effect without any material adjustments. In ACSC’s view, the GRIP process unfairly raises customers’ rates without any regulatory oversight. In contrast, the RRM process has allowed for a more comprehensive rate review and annual evaluation of expenses and revenues, as well as capital investment. Since 2007, there have been several modifications to the original RRM Tariff. The most recent iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018. On or about April 1, 2024, the Company filed a rate request pursuant to the RRM Tariff adopted by ACSC members. The Company claimed that its cost-of-service in a test year ending December 31, 2023, entitled it to additional system-wide revenues of $196.8 million. Application of the standards set forth in ACSC’s RRM Tariff reduces the Company’s request to $182.5 million, $132.6 million of which would be applicable to ACSC members. After reviewing the filing and conducting discovery, ACSC’s consultants concluded that the system-wide deficiency under the RRM regime should be $149.6 million instead of the claimed $182.5 million. After several settlement meetings, the parties have agreed to settle the case for $164.7 million. This is a reduction of $32.1 million to the Company’s initial request. This includes payment of ACSC’s expenses. The Effective Date for new rates is October 1, 2024. ACSC members should take action approving the Resolution/Ordinance before September 30, 2024. Atmos generated rate tariffs attached to the Resolution/Ordinance that will generate $164.7 million in additional revenues. Atmos also prepared a Proof of Revenues supporting the settlement figures. ACSC consultants have agreed that Atmos’ Proof of Revenues is accurate. The impact of the settlement on average residential rates is an increase of $5.52 on a monthly basis, or 6.84%. The increase for average commercial usage will be $13.39 or 3.44%. Atmos provided bill impact comparisons containing these figures. The Legislature’s GRIP process allowed gas utilities to receive annual rate increases associated with capital investments. The RRM process has proven to result in a more efficient and less costly (both from a consumer rate impact perspective and from a ratemaking perspective) than the GRIP process. Given Atmos Mid-Tex’s claim that its historic cost of service should entitle it to recover $196.8 million in additional system-wide revenues, the RRM settlement at $164.7 million for ACSC members reflects substantial savings to ACSC cities. Settlement at $164.7 million is fair and reasonable. Benefit to Community: The proposed Resolution will approve Atmos RRM Tariff that reflects negotiated rates that are less than originally requested by Atmos Mid-Tex and are considered to be fair and reasonable. Legal Review: The City Attorney has reviewed this item. 3 Fiscal Impact: There is no fiscal impact associated with this item. Recommendation: Staff recommends approval of the Resolution. 1 RESOLUTION NO. ___________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY’S 2024 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHMENT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND THE ACSC’S LEGAL COUNSEL. WHEREAS, the City of Coppell, Texas (“City”) is a gas utility customer of Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee (“ACSC”), a coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the 2 Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in 2018; and WHEREAS, on about April 1, 2024, Atmos Mid-Tex filed its 2024 RRM rate request with ACSC Cities based on a test year ending December 31, 2023; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2024 RRM filing through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues identified in the Company’s RRM filing; and WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $164.7 million on a system-wide basis with an Effective Date of October 1, 2024; and WHEREAS, ACSC agrees that Atmos’ plant-in-service is reasonable; and WHEREAS, with the exception of approved plant-in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS, the attached tariffs (Attachment 1) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Attachment 2); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable expenses associated with RRM applications. 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. That the findings set forth in this Resolution are hereby in all things approved. Section 2. That, without prejudice to future litigation of any issue identified by ACSC, the City Council finds that the settled amount of an increase in revenues of $164.7 million on a system-wide basis represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex’s 2024 RRM filing, is in the public interest, and is consistent with the City’s authority under Section 103.001 of the Texas Utilities Code. Section 3. That despite finding Atmos Mid-Tex’s plant-in-service to be reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. Section 4. That the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment 1, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $164.7 million on a system-wide basis, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. Section 5. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex’s next RRM filing shall be as set forth on Attachment 2, attached hereto and incorporated herein. Section 6. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company’s 2024 RRM filing. 4 Section 7. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Resolution, it is hereby repealed. Section 8. That the meeting at which this Resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 9. That if any one or more sections or clauses of this Resolution is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Resolution, and the remaining provisions of the Resolution shall be interpreted as if the offending section or clause never existed. Section 10. That consistent with the City Ordinance that established the RRM process, this Resolution shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after October 1, 2024. Section 11. That a copy of this Resolution shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas Brocato, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. 2557/38/8872169 5 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, BY A VOTE OF ____ TO ____, ON THIS THE 10th DAY OF SEPTEMBER 2024. Wes Mays, Mayor ATTEST: Ashley Owens, City Secretary APPROVED AS TO FORM: ______________________________ Robert E. Hager, City Attorney MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: R – RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 22.95 per month Rider CEE Surcharge $ 0.05 per month 1 Total Customer Charge $ 23.00 per month Commodity Charge – All Ccf $0.58974 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. 1Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2024. Attachment 1 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: C – COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 81.75 per month Rider CEE Surcharge $ 0.00 per month 1 Total Customer Charge $ 81.75 per month Commodity Charge – All Ccf $ 0.19033 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Presumption of Plant Protection Level For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal, regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer believes it needs to be modeled at an alternative plant protection volume, it should contact the company at mdtx-div-plantprotection@atmosenergy.com. 1 Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2024. . Attachment 1 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I – INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 200 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 200 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,587.75 per month First 0 MMBtu to 1,500 MMBtu $ 0.6553 per MMBtu Next 3,500 MMBtu $ 0.4799 per MMBtu All MMBtu over 5,000 MMBtu $ 0.1029 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled “Daily Price Survey.” Replacement Index In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Attachment 1 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I – INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Presumption of Plant Protection Level For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal, regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer believes it needs to be modeled at an alternative plant protection volume, it should contact the company at mdtx-div-plantprotection@atmosenergy.com. Attachment 1 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T – TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer’s agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,587.75 per month First 0 MMBtu to 1,500 MMBtu $ 0.6553 per MMBtu Next 3,500 MMBtu $ 0.4799 per MMBtu All MMBtu over 5,000 MMBtu $ 0.1029 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest “midpoint” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” during such month, for the MMBtu of Customer’s monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer’s receipt quantities for the month. Attachment 1 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T – TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled “Daily Price Survey.” Replacement Index In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Attachment 1 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Provisions for Adjustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi +(HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA i = WNAF i x q ij Where q ij is the relevant sales quantity for the jth customer in ith rate schedule. Attachment 1 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 9.52 0.1526 88.98 0.7485 Austin 8.87 0.1343 213.30 0.9142 Dallas 12.38 0.2024 185.59 1.0974 Waco 8.71 0.1219 130.62 0.7190 Wichita Falls 10.20 0.1394 117.78 0.6435 Weather Normalization Adjustment (WNA) Report On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Attachment 1 Line No. DescriptionPension Account PlanPost-Employment Benefit PlanPension Account PlanPost-Employment Benefit PlanSupplemental Executive Benefit PlanAdjustment Total(a) (b) (c) (d) (e) (f) (g)1Proposed Benefits Benchmark - Fiscal Year 2024 Willis Towers Watson Report as adjusted1,402,365$ (1,146,665)$ 2,186,549$ (4,070,086)$ 278,107$ 2 Allocation Factor 45.93% 45.93% 82.00% 82.00% 100.00%3Proposed Benefits Benchmark Costs Allocated to Mid-Tex (Ln 1 x Ln 2)644,172$ (526,717)$ 1,792,929$ (3,337,394)$ 278,107$ 4 O&M and Capital Allocation Factor100.00% 100.00% 100.00% 100.00% 100.00%5Proposed Benefits Benchmark Costs to Approve (Ln 3 x Ln 4)644,172$ (526,717)$ 1,792,929$ (3,337,394)$ 278,107$ (1,148,903)$ 67 O&M Expense Factor (WP_F-2.3, Ln 2)81.70% 81.70% 38.85% 38.85%11.24%89Summary of Costs to Approve:10Total Pension Account Plan526,315$ 696,536$ 1,222,851$ 11Total Post-Employment Benefit Plan(430,349)$ (1,296,547)$ (1,726,896) 12Total Supplemental Executive Benefit Plan31,256$ 31,256 13Total (Ln 10 + Ln 11 + Ln 12)526,315$ (430,349)$ 696,536$ (1,296,547)$ 31,256$ (472,789)$ ATMOS ENERGY CORP., MID-TEX DIVISIONMID-TEX RATE REVIEW MECHANISMPENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVALTEST YEAR ENDING DECEMBER 31, 2023Shared ServicesMid-Tex DirectAttachment 2 LineNo.Current Proposed AmountPercent(b) (c) (d) (e)1Rate R @ 42.8 Ccf2 Customer charge22.25$ 3 Consumption charge 42.8 CCF X 0.48567$ = 20.79 4 Rider GCR Part A 42.8 CCF X 0.27958$ = 11.97 5 Rider GCR Part B 42.8 CCF X 0.47494$ = 20.33 6 Subtotal 75.34$ 7 Rider FF & Rider TAX 75.34$ X 0.07196 = 5.42 8 Total80.76$ 910 Customer charge22.95$ 11 Consumption charge 42.8 CCF X 0.58974$ = 25.24 12 Rider GCR Part A 42.8 CCF X 0.27958$ = 11.97 13 Rider GCR Part B 42.8 CCF X 0.47494$ = 20.33 14 Subtotal80.49$ 15 Rider FF & Rider TAX 80.49$ X 0.07196 = 5.79 16 Total86.28$ 5.52$ 6.84%17(a)ATMOS ENERGY CORP., MID-TEX DIVISIONMID-TEX RATE REVIEW MECHANISMAVERAGE BILL COMPARISON - BASE RATESTEST YEAR ENDING DECEMBER 31, 2023ChangeDescription LineNo.Current Proposed AmountPercent(b) (c) (d) (e)(a)ATMOS ENERGY CORP., MID-TEX DIVISIONMID-TEX RATE REVIEW MECHANISMAVERAGE BILL COMPARISON - BASE RATESTEST YEAR ENDING DECEMBER 31, 2023ChangeDescription18Rate C @ 363.6 Ccf19 Customer charge72.00$ 20 Consumption charge 363.6 CCF X 0.18280$ = 66.47 21 Rider GCR Part A 363.6 CCF X 0.27958$ = 101.67 22 Rider GCR Part B 363.6 CCF X 0.33806$ = 122.93 23 Subtotal 363.07$ 24 Rider FF & Rider TAX 363.07$ X 0.07196 = 26.13 25 Total389.20$ 2627 Customer charge81.75$ 28 Consumption charge 363.6 CCF X 0.19033$ = 69.21 29 Rider GCR Part A 363.6 CCF X 0.27958$ = 101.67 30 Rider GCR Part B 363.6 CCF X 0.33806$ = 122.93 31 Subtotal375.56$ 32 Rider FF & Rider TAX 375.56$ X 0.07196 = 27.03 33 Total402.59$ 13.39$ 3.44%34 LineNo.Current Proposed AmountPercent(b) (c) (d) (e)(a)ATMOS ENERGY CORP., MID-TEX DIVISIONMID-TEX RATE REVIEW MECHANISMAVERAGE BILL COMPARISON - BASE RATESTEST YEAR ENDING DECEMBER 31, 2023ChangeDescription35Rate I @ 1335 MMBTU36 Customer charge 1,382.00$ 37 Consumption charge 1,335 MMBTU X 0.7484$ = 998.94 38 Consumption charge 0 MMBTU X 0.5963$ = - 39 Consumption charge 0 MMBTU X 0.2693$ = - 40 Rider GCR Part A1,335 MMBTU X 2.7303$ = 3,644.33 41 Rider GCR Part B 1,335 MMBTU X 0.7337$ = 979.37 42 Subtotal 7,004.64$ 43 Rider FF & Rider TAX 7,004.64$ X 0.07196 = 504.08 44 Total 7,508.72$ 4546 Customer charge1,587.75$ 47 Consumption charge 1,335 MMBTU X 0.6553$ = 874.67 48 Consumption charge 0 MMBTU X 0.4799$ = - 49 Consumption charge 0 MMBTU X 0.1029$ = - 50 Rider GCR Part A 1,335 MMBTU X 2.7303$ = 3,644.33 51 Rider GCR Part B 1,335 MMBTU X 0.7337$ = 979.37 52 Subtotal7,086.12$ 53 Rider FF & Rider TAX 7,086.12$ X 0.07196 = 509.94 54 Total7,596.06$ 87.34$ 1.16%55 LineNo.Current Proposed AmountPercent(b) (c) (d) (e)(a)ATMOS ENERGY CORP., MID-TEX DIVISIONMID-TEX RATE REVIEW MECHANISMAVERAGE BILL COMPARISON - BASE RATESTEST YEAR ENDING DECEMBER 31, 2023ChangeDescription56Rate T @ 4645 MMBTU57 Customer charge 1,382.00$ 58 Consumption charge 1,500 MMBTU X 0.5684$ = 852.60 59 Consumption charge 3,145 MMBTU X 0.4163$ = 1,309.08 60 Consumption charge 0 MMBTU X 0.0893$ = - 61 Rider GCR Part B 4,645 MMBTU X 0.7337$ = 3,407.90 62 Subtotal 6,951.58$ 63 Rider FF & Rider TAX 6,951.58$ X 0.07196 = 500.26 64 Total 7,451.84$ 6566 Customer charge1,587.75$ 67 Consumption charge 1,500 MMBTU X 0.6553$ = 982.95 68 Consumption charge 3,145 MMBTU X 0.4799$ = 1,509.08 69 Consumption charge 0 MMBTU X 0.1029$ = - 70 Rider GCR Part B 4,645 MMBTU X 0.7337$ = 3,407.90 71 Subtotal7,487.68$ 72 Rider FF & Rider TAX 7,487.68$ X 0.07196 = 538.84 73 Total8,026.52$ 574.68$ 7.71% Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7621 File ID: Type: Status: 2023-7621 Agenda Item Agenda Ready 1Version: Reference: In Control: Public Works 08/20/2024File Created: Final Action: Emergency Interconnects ContractFile Name: Title: Consider approval of awarding bid #Q-0824-01; Emergency Water System Interconnects; to Tellus Consulting, LLC; in the amount of $1,284,692.03; funded from bond funds; and authorizing the City Manager to sign all necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Exhibit.pdf, Bid Tabulation.pdf, Recommendation of Award.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7621 Title Consider approval of awarding bid #Q-0824-01; Emergency Water System Interconnects; to Tellus Consulting, LLC; in the amount of $1,284,692.03; funded from bond funds; and authorizing the City Manager to sign all necessary documents. Summary Fiscal Impact: The fiscal impact of this item is $1,284,692.03 as provided by 2020 Bond proceeds. Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 9/6/2024 1 MEMORANDUM To: Mayor and City Council From: Aaron Tainter, P.E., Assistant Director of Public Works Mike Garza, P.E., Director of Public Works Date: September 10, 2024 Reference: Consider approval of awarding bid #Q-0824-01, Emergency Water System Interconnects, to Tellus Consulting, LLC, in the amount of $1,284,692.03; funded from bond funds; and authorizing the City Manager to sign all necessary documents. 2040: Sustainable Government Introduction: The purpose of this agenda item is to consider approval of awarding bid #Q-0824-01, Emergency Water System Interconnects, to Tellus Consulting, LLC, in the amount of $1,284,692.03; funded from bond funds. Background: The City of Coppell receives treated water from one source (Dallas Water Utilities) at one location (Village Parkway Pump Station) and then pumps the treated water into the distribution system and to the customers. This project was developed to establish other emergency sources of treated water in the event the city is unable to receive it at Village Parkway. Once complete, the city would be able to operate under a low-demand scenario until normal operations were restored at Village Parkway. In December 2022, the City Council approved interlocal agreements with the City of Lewisville and the City of Grapevine to establish emergency water interconnections between Coppell and each of the two cities. These agreements are part of our ongoing effort to reduce water system risks through the Water System Redundancy Project. This project involves the construction of three interconnects: two with Lewisville and one with Grapevine. The city has sold bonds to cover the costs associated with all redundancy project efforts. Bids for the project were opened on August 8, 2024, and the city received two bids. Tellus was the lowest qualified bidder and has successfully completed similar projects around the metroplex, including work for the City of Grapevine. The contract duration for this project is set at 180 days. 2 Benefit to the Community: To provide Sustainable Government, the emergency interconnects will enhance the resiliency and redundancy of the city drinking water distribution system. Legal Review: The city’s standard construction contracts are periodically reviewed by the City Attorney. Fiscal Impact: The fiscal impact of this item is $1,284,692.03 as provided by 2020 Bond proceeds. Recommendation: Public Works recommends approval of this contract. Proposed Water Line Interconnect Denton Tap Road, MacArthur Blvd and Bethel Rd City of Coppell Project WA20-03A Created in CIVIL3D 1 INCH = 1 MILE 0 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2024.dwg\ABC COTTONWOOD CREEK Created on: 3 September 2024 by Scott Latta 1/4 1/2 1 1 INCH = FT. 0 40 40 20 Proposed Water Line Interconnect N Denton Tap Road City of Coppell Project WA20-03A Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2024.dwg\WA20-03A INTERCONNECT Created on: 3 September 2024 by Scott Latta 2/4N DENTON TAP RDPROPOSED WATER LINE INTERCONNECT EXISTING WATER LINE 1 INCH = FT. 0 40 40 20 Proposed Water Line Interconnect N MacArthur Blvd City of Coppell Project WA20-03A Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2024.dwg\WA20-03A INTERCONNECT Created on: 3 September 2024 by Scott Latta 3/4N MacARTHUR BLVD PROPOSED WATER LINE INTERCONNECT EXISTING WATER LINE SH 12 1 1 INCH = FT. 0 150 150 75 Proposed Water Line Interconnect W Bethel Rd City of Coppell Project WA20-03A Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2024.dwg\WA20-03A INTERCONNECT Created on: 3 September 2024 by Scott Latta 4/4 W BETHEL RD PROPOSED WATER LINE INTERCONNECT EXISTING WATER LINE CREEKVIEW DR BID TABULATION BGE, INC. Project Name: Emergency Water System Interconnects with the City of Lewisville and City of Grapevine Project No. WA 20-03A Bid No. Q-0824-01 City of Coppell, Texas Bid Date: Thursday, August 8, 2024 BGE Job No. 10782-00 BASE BID 1 Mobilization, Bonds, and Insurance (Location 1)1 LS $ 20,224.78 $ 20,224.78 $ 30,000.00 $ 30,000.00 $ 20,000.00 $ 20,000.00 2 SWPPP (Location 1)1 LS 2,654.23$ $ 2,654.23 2,500.00$ $ 2,500.00 3,000.00$ 3,000.00$ 3 Traffic Control Plan (Location 1)1 LS $ 5,113.75 $ 5,113.75 $ 6,000.00 $ 6,000.00 $ 15,000.00 $ 15,000.00 4 Clearing/Site Prep (Location 1)1 LS 3,769.80$ $ 3,769.80 6,000.00$ $ 6,000.00 10,000.00$ 10,000.00$ 5 12" PVC Waterline (Location 1)91 LF $ 275.38 $ 25,059.58 $ 255.00 $ 23,205.00 $ 105.00 $ 9,555.00 6 21" Casing BOTOC, including 12" PVC Waterline (Location 1)115 LF 705.03$ $ 81,078.45 2,300.00$ $ 264,500.00 300.00$ 34,500.00$ 7 12" 250 Pressure Class Ductile Iron Waterline (Location 1)27 LF $ 232.53 $ 6,278.31 $ 450.00 $ 12,150.00 $ 120.00 $ 3,240.00 8 12" Gate Valve (Location 1)4 EA 4,955.56$ $ 19,822.24 6,000.00$ $ 24,000.00 3,600.00$ 14,400.00$ 9 6" Waterline (Location 1)18 LF 121.63$ $ 2,189.34 220.00$ $ 3,960.00 $ 60.00 $ 1,080.00 10 6" Gate Valve (Location 1)2 EA 2,031.49$ $ 4,062.98 4,300.00$ $ 8,600.00 2,700.00$ 5,400.00$ 11 Fire Hydrant Assembly (Location 1)2 EA 7,553.17$ $ 15,106.34 16,000.00$ $ 32,000.00 $ 5,600.00 $ 11,200.00 12 Connection to Existing Water Main (Location 1)2 EA 6,124.50$ $ 12,249.00 15,500.00$ $ 31,000.00 4,500.00$ 9,000.00$ 13 Ductile Iron Fittings (Location 1)1.7 TN 9,832.34$ $ 16,714.98 30,000.00$ $ 51,000.00 $ 5,000.00 $ 8,500.00 14 Emergency Interconnect Vault (inc. Control Valve, Meter, & hatch) (Location 1)1 EA 182,203.95$ $ 182,203.95 285,500.00$ $ 285,500.00 400,000.00$ 400,000.00$ 15 Trench Safety System (All Depths) (Location 1)136 LF 40.13$ $ 5,457.68 5.00$ $ 680.00 $ 2.00 $ 272.00 16 Water Main Testing (Location 1)1 EA 998.24$ $ 998.24 6,500.00$ $ 6,500.00 4,500.00$ 4,500.00$ 17 Sawcut, Remove & Replace Full Depth Concrete Pavement (Location 1)10 SY 274.61$ $ 2,746.10 400.00$ $ 4,000.00 $ 90.00 $ 900.00 18 Sawcut, Remove & Replace Concrete Curb (Location 1)10 LF 72.82$ $ 728.20 200.00$ $ 2,000.00 20.00$ 200.00$ 19 Sawcut, Remove & Replace Concrete Sidewalk (Location 1)10 SY 182.27$ $ 1,822.70 250.00$ $ 2,500.00 $ 20.00 $ 200.00 20 Soil Sod (Location 1)165 SY 18.75$ $ 3,093.75 25.00$ $ 4,125.00 12.00$ 1,980.00$ 21 Tree Removal (Location 1)2 EA 1,875.00$ $ 3,750.00 3,500.00$ $ 7,000.00 $ 1,000.00 $ 2,000.00 22 Tree Replacement (Location 1)2 EA 2,735.00$ $ 5,470.00 6,000.00$ $ 12,000.00 1,000.00$ 2,000.00$ 23 Irrigation Repair (Location 1)1 EA 1,125.00$ $ 1,125.00 4,000.00$ $ 4,000.00 $ 5,000.00 $ 5,000.00 24 Mobilization, Bonds, and Insurance (Location 2) 1 LS 15,225.30$ $ 15,225.30 20,000.00$ $ 20,000.00 20,000.00$ 20,000.00$ 25 SWPPP (Location 2)1 LS 2,390.23$ 2,390.23$ 6,000.00$ $ 6,000.00 $ 3,000.00 $ 3,000.00 26 Traffic Control Plan (Location 2)1 LS 3,493.74$ 3,493.74$ 6,000.00$ $ 6,000.00 5,000.00$ 5,000.00$ 27 Clearing/Site Prep (Location 2)1 LS 3,789.80$ 3,789.80$ 6,000.00$ $ 6,000.00 $ 5,000.00 $ 5,000.00 28 12" PVC Waterline (Location 2)78 LF 253.66$ 19,785.48$ 255.00$ $ 19,890.00 105.00$ 8,190.00$ 29 12" 250 Pressure Class Ductile Iron Waterline (Location 2)27 LF 232.53$ 6,278.31$ 450.00$ $ 12,150.00 $ 120.00 $ 3,240.00 30 12" Gate Valve (Location 2)4 EA 4,955.56$ 19,822.24$ 6,000.00$ $ 24,000.00 3,600.00$ 14,400.00$ 31 6" Waterline (Location 2)16 LF 121.63$ 1,946.08$ 200.00$ $ 3,200.00 $ 60.00 $ 960.00 32 6" Gate Valve (Location 2)2 EA 2,031.49$ 4,062.98$ 4,300.00$ $ 8,600.00 2,700.00$ 5,400.00$ 33 Fire Hydrant Assembly (Location 2)2 EA 7,553.37$ 15,106.74$ 16,000.00$ $ 32,000.00 $ 5,600.00 $ 11,200.00 34 Connection to Existing Water Main (Location 2)2 EA 6,124.50$ 12,249.00$ 15,500.00$ $ 31,000.00 4,500.00$ 9,000.00$ 35 Ductile Iron Fittings (Location 2)1.5 TN 9,172.65$ 13,758.98$ 30,000.00$ $ 45,000.00 $ 5,000.00 $ 7,500.00 36 Emergency Interconnect Vault (inc. Control Valve, Meter, & hatch) (Location 2)1 EA 178,557.45$ 178,557.45$ 258,000.00$ $ 258,000.00 400,000.00$ 400,000.00$ 37 Trench Safety System (All Depths) (Location 2)121 LF 37.52$ 4,539.92$ 5.00$ $ 605.00 $ 2.00 $ 242.00 38 Water Main Testing (Location 2)1 EA 980.39$ 980.39$ 7,500.00$ $ 7,500.00 4,500.00$ 4,500.00$ 39 Sawcut, Remove & Replace Concrete Curb (Location 2)10 LF 72.82$ 728.20$ 200.00$ $ 2,000.00 $ 20.00 $ 200.00 40 Sawcut, Remove & Replace Concrete Sidewalk (Location 2)6 SY 182.72$ 1,096.32$ 400.00$ $ 2,400.00 20.00$ 120.00$ 41 Soil Sod (Location 2)149 SY 18.75$ 2,793.75$ 25.00$ $ 3,725.00 $ 12.00 $ 1,788.00 42 Irrigation Repair (Location 2)1 EA 1,126.34$ 1,126.34$ 4,000.00$ $ 4,000.00 5,000.00$ 5,000.00$ 43 Franchise Utility Relocation (Location2)3 EA 4,000.00$ 12,000.00$ 8,500.00$ $ 25,500.00 $ 1,000.00 $ 3,000.00 44 Mobilization, Bonds, and Insurance (Location 3)1 LS 25,725.73$ 25,725.73$ 50,000.00$ $ 50,000.00 45,000.00$ 45,000.00$ 45 SWPPP (Location 3) 1 LS 5,096.23$ 5,096.23$ 12,000.00$ $ 12,000.00 $ 12,000.00 $ 12,000.00 46 Traffic Control Plan (Location 3)1 LS 3,823.74$ 3,823.74$ 12,000.00$ $ 12,000.00 8,000.00$ 8,000.00$ 47 Clearing/Site Prep (Location 3)1 LS 8,888.70$ 8,888.70$ 12,000.00$ $ 12,000.00 $ 15,000.00 $ 15,000.00 48 12" PVC Waterline (Location 3)1091 LF 118.53$ 129,316.23$ 255.00$ $ 278,205.00 105.00$ 114,555.00$ 49 12" PVC Waterline BOTOC (Location 3)125 LF 253.10$ 31,637.50$ 2,300.00$ $ 287,500.00 $ 300.00 $ 37,500.00 50 12" 250 Pressure Class Ductile Iron Waterline (Location 3)34 LF 239.64$ 8,147.76$ 450.00$ $ 15,300.00 120.00$ 4,080.00$ 51 12" Gate Valve (Location 3) 4 EA 4,955.56$ 19,822.24$ 6,000.00$ $ 24,000.00 $ 3,600.00 $ 14,400.00 52 12" Check Valve (Location 3) 1 EA 14,582.44$ 14,582.44$ 35,600.00$ $ 35,600.00 6,000.00$ 6,000.00$ 53 5' Manhole 1 EA 12,769.50$ 12,769.50$ 18,000.00$ $ 18,000.00 $ 8,000.00 $ 8,000.00 54 6" Waterline (Location 3)20 LF 121.63$ 2,432.60$ 200.00$ $ 4,000.00 60.00$ 1,200.00$ 55 6" Gate Valve (Location 3)2.0 EA 1,980.75$ 3,961.50$ 4,300.00$ $ 8,600.00 $ 2,700.00 $ 5,400.00 56 Fire Hydrant Assembly (Location 3)2 EA 6,841.92$ 13,683.84$ 16,000.00$ $ 32,000.00 5,600.00$ 11,200.00$ 57 Connection to Existing Water Main (Location 3)2 EA 6,124.50$ 12,249.00$ 15,500.00$ $ 31,000.00 $ 4,500.00 $ 9,000.00 58 Ductile Iron Fittings (Location 3)2 TN 5,624.88$ 11,249.76$ 30,000.00$ $ 60,000.00 5,000.00$ 10,000.00$ 59 Emergency Interconnect Vault (inc. Control Valve, Meter, & hatch) (Location 3)1 EA 197,383.63$ 197,383.63$ 360,000.00$ $ 360,000.00 $ 400,000.00 $ 400,000.00 60 Trench Safety System (All Depths) (Location 3)1,145 LF 2.88$ 3,297.60$ 5.00$ $ 5,725.00 2.00$ 2,290.00$ 61 Water Main Testing (Location 3)1 EA 2,144.00$ 2,144.00$ 15,600.00$ $ 15,600.00 $ 4,500.00 $ 4,500.00 62 Sawcut, Remove & Replace Full Depth Concrete Pavement (Location 3)37 SY 206.38$ 7,636.06$ 355.00$ $ 13,135.00 90.00$ 3,330.00$ 63 Sawcut, Remove & Replace Concrete Curb (Location 3)13 LF 72.82$ 946.66$ 200.00$ $ 2,600.00 $ 20.00 $ 260.00 64 Sawcut, Remove & Replace Concrete Sidewalk (Location 3)8 SY 182.72$ 1,461.76$ 250.00$ $ 2,000.00 20.00$ 160.00$ 65 Hydromulch Seeding (Location 3)1289 SY 3.12$ 4,021.68$ 15.00$ $ 19,335.00 $ 2.00 $ 2,578.00 66 Tree Removal (Location 3)4 EA 1,875.00$ 7,500.00$ 3,500.00$ $ 14,000.00 1,000.00$ 4,000.00$ 67 Tree Replacement (Location3)4 EA 2,733.17$ 10,932.68$ 6,000.00$ $ 24,000.00 $ 1,000.00 $ 4,000.00 68 Irrigation Repair (Location 3)1 EA 1,529.54$ 1,529.54$ 7,500.00$ $ 7,500.00 7,500.00$ 7,500.00$ 1,284,692.03$ 2,711,900.00$ 1,799,620.00$ Bidders Submitted Total: Unit Price Item Cost Unit Price Item Cost Unit Price Item CostItem No. Item Description Quantity Unit 4000 N. Big Spring Street, Ste 230 802 N. Kealy Avenue, Ste. 101 Midland, TX 79705 Lewisville, TX 75057 BIDDER 1 BIDDER 2 ENGINEER Tellus Consulting, LLC Canary Construction, Inc. BGE, INC. August 15, 2024 Michael Garza, P.E. Director of Public Works City of Coppell 265 E. Parkway Blvd. Coppell, Texas 75019 Re.: Emergency Water System Interconnects with the City of Lewisville and City of Grapevine Project No. WA 20-03 Dear Mr. Garza: On August 8th, the City of Coppell publicly opened bids for the above referenced project. The finalized bid tabulation is attached, and the results are summarized below. BIDDER BID TOTAL Tellus Consulting, LLC $1,284,692.03 Canary Construction, Inc. $2,711,900.00 The City of Coppell requested BGE evaluate the references of the lowest bidder, Tellus Consulting, LLC. Feedback received from the references is described below for the City’s review. Tellus Consulting, LLC Tellus Consulting, LLC provided references for four municipalities for which they were a contractor or subcontractor on previous projects. We contacted the four municipalities where the projects were constructed. We received feedback from three of the four municipalities. Their feedback is described below. Tellus Consulting, LLC was a subcontractor for a water main replacement in the City of Arlington. Mr. Jason Fowler from the City stated that the main contractor had brought Tellus Consulting in as a subcontractor in order to quicken the project schedule. The overall work performed was per spec without requiring change orders. There was issue with communication and response time, more management than expected. However, it is not a problem where they would not be recommended as a contractor for a project. Insert Addressee August 16, 2024 Page 2 Tellus Consulting was a contractor for the City of Grapevine for a water line replacement project. Mr. Daniel Steinhouer from the City gave a positive review. The work completed was to specifications and on time with schedule. Communication with city inspectors for water line tie in and testing was not an issue. There was no loss in project time due to material procurement and no significant issues or complaints with nearby residents or business owners around the project space. If given the opportunity, Tellus Consulting would be chosen again for another project. Tellus Consulting was also a contractor for the City of Frisco as a part of The Grove public improvements. Mr. John Hockett gave another positive review. Similar to the above, the work performed was on time and within specifications. There were no schedule delays due to contractor ability or communication. If given the opportunity, Tellus Consulting would be chosen again for another project. Based on the positive reviews from the references provided by the contractor on similar water line projects, we have no exceptions to awarding the contract to the lowest bidder, Tellus Consulting, LLC, in the amount of $1,284,692.03. If you have any questions, please let me know. Sincerely, Dale Son, PE BGE Job 10782-00 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7634 File ID: Type: Status: 2024-7634 Agenda Item Agenda Ready 1Version: Reference: In Control: Public Works 09/03/2024File Created: Final Action: Service Center Construction ServicesFile Name: Title: Consider approval of a Guaranteed Max Price Agreement between the City of Coppell (Owner) and Byrne Construction Services (Construction Manager) for the construction of City of Coppell Service Center Improvements Project; in the amount of $10,208,609.00; funded with proceeds from the Certificate of Obligation Bonds, Series 2024; and authorizing the City Manager to sign all necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Proposal.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7634 Title Consider approval of a Guaranteed Max Price Agreement between the City of Coppell (Owner) and Byrne Construction Services (Construction Manager) for the construction of City of Coppell Service Center Improvements Project; in the amount of $10,208,609.00; funded with proceeds from the Certificate of Obligation Bonds, Series 2024; and authorizing the City Manager to sign all necessary documents. Summary Fiscal Impact: The fiscal impact of this package is $10,208,609.00 and will be funded with proceeds from the Certificate of Obligation Bonds, Series 2024. Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Page 1City of Coppell, Texas Printed on 9/6/2024 Master Continued (2024-7634) Sustainable Government Page 2City of Coppell, Texas Printed on 9/6/2024 1 MEMORANDUM To: Mayor and City Council From: Mike Garza, P.E., Director of Public Works Jessica Carpenter, Director of Community Experiences Jamie Brierton, Capital Programs Administrator Date: September 10, 2024 Reference: Consider approval of a Guaranteed Max Price Agreement between the City of Coppell (Owner) and Byrne Construction Services (Construction Manager) for the construction of City of Coppell Service Center Improvements Project, in the amount of $10,208,609.00, funded with proceeds from the Certificate of Obligation Bonds, Series 2024, and authorizing the City Manager to sign all necessary documents. 2040: Sustainable Government Introduction: Consider approval of a Guaranteed Max Price Agreement between the City of Coppell (Owner) and Byrne Construction Services (Construction Manager) for the construction of City of Coppell Service Center Improvements Project, in the amount of $10,208,609.00, funded with proceeds from the Certificate of Obligation Bonds, Series 2024, and authorizing the City Manager to sign all necessary documents. Background: In 2015, Phase I of the Service Center Improvements began, which primarily focused on civil and sitework improvements and foundational elements for Phase II structures. Phase II of the Service Center Improvements began in 2016 and included a bulk material storage enclosure, a covered vehicle and equipment storage area, an auction storage building, and a secondary driveway connecting the Service Center to South Coppell Road. Space planning for Phase III began in 2017 with architectural space assessments that continued to evolve through 2021. The architectural recommendation was to build a separate office structure to house offices, work rooms, traffic management space, and other meeting spaces and to remodel the existing structure to support field staff. The Service Center houses office and field teams from both Public Works and Community Experiences Departments. 2 In December of 2022, City Council awarded the architectural design scope to Parkhill Architects. In 2023, Byrne was selected as the Construction Manager at Risk (CMAR) through a Request for Proposals process and has been working with the City during the Preconstruction Phase of the project. The Guaranteed Maximum Price (GMP) for the construction of the Service Center Improvements Project is the next step in the construction. On August 13, 2024, Byrne Construction Services, the Construction Manager for this project opened subcontractor bids. The following attachments to the GMP are provided: A.1 Cost Summary A.2 Alternates A.3 Unit Costs A.4 Project Schedule A.5 Contract Documents A.6 Allowances A.7 Qualifications and Clarifications The total GMP contract value will be $10,208,609.00 upon approval by the City Council. The tentative construction commencement is late September 2024, with an anticipated schedule of 20 months for construction, allowing for scheduled completion May 2026. Benefit to the Community: Approving the Guaranteed Max Price (GMP) for Byrne Construction Services will allow the construction of the Service Center Improvements Project to proceed on schedule. Legal Review: The City Attorney has reviewed the contract. Fiscal Impact: The fiscal impact of this package is $10,208,609.00 and will be funded with proceeds from the Certificate of Obligation Bonds, Series 2024. Recommendation: The Public Works and Community Experiences Departments are recommending approval of this contract. EXHIBIT “H” CONSTRUCTION ON PUBLIC PROPERTY STATEMENT OF OWNERSHIP AND FUNDING JOB NO. 1701 Coppell Service Center 1. The name, address, and primary business telephone number of the primary obligee: Coppell Service Center 816 South Coppell Road Coppell, Texas 75019 2. The name and address of the surety on the payment bond provided by the primary obligor to which any notice of claim should be sent: Liberty Mutual Insurance 450 Plymouth Rd., Suite 400 Plymouth Meeting, PA 79462-8284 3. A statement from the primary obligee that funds are available and have been authorized for the full contract amount for the construction of the improvements. The following funds are available and have been authorized for the construction of the improvements. ____$10,208,609.00___ Available Funds ___________________________ __________________________ Signature of Owner (Primary Obligee) Title ___________________________ Date Document A133® – 2019 Exhibit A Guaranteed Maximum Price Amendment Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:20:44 ET on 08/30/2024 under Order No.4104247118 which expires on 11/26/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1114457703) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201™–2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This Amendment dated the 3rd day of September in the year 2024 , is incorporated into the accompanying AIA Document A133™–2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price dated the 3rd day of September in the year 2024 (the "Agreement") (In words, indicate day, month, and year.) for the following PROJECT: (Name and address or location) Coppell Service Center 816 S. Coppell Road Coppell, Texas 75019 THE OWNER: (Name, legal status, and address) City of Coppell 255 Parkway Blvd. Coppell, Texas 75019 THE CONSTRUCTION MANAGER: (Name, legal status, and address) Thos. S. Byrne, Inc. dba Byrne Construction Services 551 E. Berry Street Fort Worth, Texas 76110 TABLE OF ARTICLES A.1 GUARANTEED MAXIMUM PRICE A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION A.3 INFORMATION UPON WHICH AMENDMENT IS BASED A.4 CONSTRUCTION MANAGER’S CONSULTANTS, CONTRACTORS, DESIGN PROFESSIONALS, AND SUPPLIERS ARTICLE A.1 GUARANTEED MAXIMUM PRICE § A.1.1 Guaranteed Maximum Price Pursuant to Section 3.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager’s Fee plus the Cost of the Work, as that term is defined in Article 6 of the Agreement. § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Ten Million Two Hundred Eight Thousand Six Hundred Nine Dollars ($ 10,208,609.00 ), Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:20:44 ET on 08/30/2024 under Order No.4104247118 which expires on 11/26/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1114457703) 2 subject to additions and deductions by Change Order as provided in the Contract Documents. § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, including allowances; the Construction Manager’s contingency; alternates; the Construction Manager’s Fee; and other items that comprise the Guaranteed Maximum Price as defined in Section 3.2.1 of the Agreement. (Provide itemized statement below or reference an attachment.) See Exhibit A.1 – Cost Estimate Summary Sheet § A.1.1.3 The Construction Manager’s Fee is set forth in Section 6.1.2 of the Agreement. § A.1.1.4 The method of adjustment of the Construction Manager’s Fee for changes in the Work is set forth in Section 6.1.3 of the Agreement. § A.1.1.5 Alternates § A.1.1.5.1 Alternates, if any, included in the Guaranteed Maximum Price: Item Price See Exhibit A.2 - Alternates. § A.1.1.5.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Exhibit A. Upon acceptance, the Owner shall issue a Modification to the Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance See Exhibit A.2 - Alternates § A.1.1.6 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) See Exhibit A.3 – Unit Costs ARTICLE A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § A.2.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ ]The date of execution of this Amendment. [ X ]Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) Date of Commencement shall be determined when a Notice to Proceed has been issued and a building permit is available for issuance. If a date of commencement of the Work is not selected, then the date of commencement shall be the date of execution of this Amendment. § A.2.2 Unless otherwise provided, the Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. The Contract Time shall be measured from the date of commencement of the Work. § A.2.3 Substantial Completion § A.2.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Construction Manager shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information.) Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:20:44 ET on 08/30/2024 under Order No.4104247118 which expires on 11/26/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1114457703) 3 [ ]Not later than ( ) calendar days from the date of commencement of the Work. [ X ]By the following date: See Exhibit A.4 – Project Schedule § A.2.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Construction Manager shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date See Exhibit A.4 – Project Schedule § A.2.3.3 If the Construction Manager fails to achieve Substantial Completion as provided in this Section A.2.3, liquidated damages, if any, shall be assessed as set forth in Section 6.1.6 of the Agreement. ARTICLE A.3 INFORMATION UPON WHICH AMENDMENT IS BASED § A.3.1 The Guaranteed Maximum Price and Contract Time set forth in this Amendment are based on the Contract Documents and the following: § A.3.1.1 The following Supplementary and other Conditions of the Contract: Document Title Date Pages See Exhibit A.5 – Contract Documents § A.3.1.2 The following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Amendment.) See Exhibit A.5 – Contract Documents List Section Title Date Pages § A.3.1.3 The following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Amendment.) See Exhibit A.5 – Contract Documents List Number Title Date § A.3.1.4 The Sustainability Plan, if any: (If the Owner identified a Sustainable Objective in the Owner’s Criteria, identify the document or documents that comprise the Sustainability Plan by title, date and number of pages, and include other identifying information. The Sustainability Plan identifies and describes the Sustainable Objective; the targeted Sustainable Measures; implementation strategies selected to achieve the Sustainable Measures; the Owner’s and Construction Manager’s roles and responsibilities associated with achieving the Sustainable Measures; the specific details about design reviews, testing or metrics to verify achievement of each Sustainable Measure; and the Sustainability Documentation required for the Project, as those terms are defined in Exhibit C to the Agreement.) Title Date Pages Not Applicable Other identifying information: § A.3.1.5 Allowances, if any, included in the Guaranteed Maximum Price: (Identify each allowance.) Byrne Construction Services Coppell Service Center – GMP Exhibit “A.1” Cost Summary See attached Cost Summary dated September 3, 2024. A CENTURY OF EXCELLENCE551 E. Berry StreetFort Worth, Texas 76110(817) 335-3394Fax (817) 877-5507Date:September 3, 2024 19,798 sqftBid Package #Bid Package DescriptionGuaranteed Maximum PriceCost/SF Notes010020 Temporary Construction 406,940$ 20.55$ 010021 Temporary Shower Trailer 42,134$ 2.13$ 023000 Demolition 68,658$ 3.47$ 033000 Concrete 573,188$ 28.95$ Alt 1: Additional Lighting at Parking 22,005$ 1.11$ 036500 Polished & Stained Concrete 110,501$ 5.58$ 044000 Masonry 246,733$ 12.46$ 051000 Structural Steel 399,742$ 20.19$ 061000 Rough Carpentry 57,961$ 2.93$ 062000 Architectural Woodwork 155,632$ 7.86$ 071000 Waterproofing & Sealants 70,818$ 3.58$ 074100 Roofing 270,437$ 13.66$ 074200 Metal Wall Panels & Soffits 103,699$ 5.24$ 081000 Doors, Frames & Hardware 98,805$ 4.99$ 084000 Glass & Glazing 508,558$ 25.69$ 092000 Plaster / EIFS 42,130$ 2.13$ 092500 Drywall & Acoustical 587,961$ 29.70$ 093000 Tile 111,150$ 5.61$ 096600 Resilient Flooring & Base 75,766$ 3.83$ 099100 Painting 118,402$ 5.98$ 100000 Specialties 123,435$ 6.23$ 101400 Signage 42,533$ 2.15$ 106500 Operable Partitions 50,125$ 2.53$ 107500 Flagpoles 9,647$ 0.49$ 114300 Residential Appliances 30,000$ 1.52$ Allowance122000 Window Treatment 32,451$ 1.64$ 210000 Fire Protection 119,058$ 6.01$ 220000 Plumbing230000 HVAC260000 Electrical 896,930$ 45.30$ Alt 1: Additional Lighting at Parking 111,731$ 5.64$ 270000 Communications (Voice/Data) 211,871$ 10.70$ 274000 Audio / Video Systems 112,893$ 5.70$ Allowance279000 Emergency Responder Radio Coverage 42,000$ 2.12$ Allowance280000 Security & Access Control 154,043$ 7.78$ Allowance310000 Earthwork 196,691$ 9.93$ 310001 Enabling 65,208$ 3.29$ 313116 Termite Treatment 750$ 0.04$ 321213 Asphalt Paving 150,850$ 7.62$ 321410 Fencing & Gates 18,670$ 0.94$ 321700 Pavement Markings 20,455$ 1.03$ 323000 Site Improvements 125,209$ 6.32$ 329000 Landscape & Irrigation 186,602$ 9.43$ 330000 Site Utilities 361,602$ 18.26$ Cost of Work Subtotal 8,354,111$ 421.97$ Cost Estimate Summary SheetCoppell Service Center Remodel & AdditionGuaranteed Maximum Price1,220,137$ 61.63$ Page 1 of 2 Cost Summary - GMP A CENTURY OF EXCELLENCE551 E. Berry StreetFort Worth, Texas 76110(817) 335-3394Fax (817) 877-5507Date:September 3, 2024 19,798 sqftBid Package #Bid Package DescriptionGuaranteed Maximum PriceCost/SF NotesCost Estimate Summary SheetCoppell Service Center Remodel & AdditionGuaranteed Maximum PriceContractor Contingency 3.00% 250,623$ 12.66$ Owner Contingency 2.00% 167,082$ 8.44$ Building Permit ExcludedConstruction Costs Subtotal 8,771,817$ 443.07$ CGL & Umbrella Insurance 0.96% 98,105$ 4.96$ Builder's Risk Calc. 20,775$ 1.05$ Payment & Performance Bond Calc. 87,709$ 4.43$ Construction Costs & Insurance Subtotal 8,978,406$ 453.50$ General Conditions & General Requirements 908,867$ 45.91$ Subtotal 9,887,273$ 499.41$ Preconstruction FeeVia Separate AgreementCMAR Fee 3.25% 321,336$ 16.23$ Project Total 10,208,609$ 515.64$ Page 2 of 2 Cost Summary - GMP Byrne Construction Services Coppell Service Center – GMP Exhibit “A.2” Alternates No Alternates are included in this GMP. Byrne Construction Services Coppell Service Center – GMP Exhibit “A.3” Unit Costs The following Unit Costs are included in this GMP. Belled Piers Add (per lf) Deduct (per lf) 18” $51.09 ($7.60) 24” $78.61 ($12.57) These unit costs are subcontractor costs and do not include Byrne markups for insurances, bonds, fee, etc. Byrne Construction Services Coppell Service Center – GMP Exhibit “A.4” Project Schedule See attached Project Schedule dated August 30, 2024. Activity IDActivityODRDStartFinishCoppell Service CenterCoppell Service CenterCoppell Service CenterCoppell Service CenterCoppell Service CenterCoppell Service CenterPreConstructionPreConstructionPreConstructionPreConstructionPreConstructionPreConstructionA1060Issue 100% Design Development Documents0001-Mar-24 A01-Mar-24 AA2880Issue 50% Contract Documents8018-Mar-24 A29-Mar-24 AA2930Issue 95% Contract Documents15029-Mar-24 A26-Apr-24 AA1110Issue 100% Contract Documents0021-Jun-24 AGMP Development & ApprovalGMP Development & ApprovalGMP Development & ApprovalGMP Development & ApprovalGMP Development & ApprovalGMP Development & ApprovalA1072Byrne Review of CD Doc's & Bid Packages5024-Jun-24 A28-Jun-24 AA1121Public Advertisement #11030-Jun-24 A30-Jun-24 AA1080100% CD Doc's & Bid Packages Out to Bid20001-Jul-24 A30-Jul-24 AA1129Public Advertisement #21006-Jul-24 A06-Jul-24 AA1119PreBid Meeting / Site Walk (1:30PM)1016-Jul-24 A16-Jul-24 AA1100Final RFI's from Subcontractors0019-Jul-24 AA1096Final Addendum Issued by Design Team4022-Jul-24 A25-Jul-24 AA1120Bid Day0031-Jul-24 AA1122Subcontractor Bid Scope Review10001-Aug-24 A14-Aug-24 AA1123GMP Development5015-Aug-24 A21-Aug-24 AA1142City of Coppell Council Approval of GMP10622-Aug-24 A09-Sep-24A1130Notice to Proceed for Procurement0010-Sep-24A1310Notice to Proceed Construction Start1123-Sep-2423-Sep-24PermittingPermittingPermittingPermittingPermittingPermittingA1132City Permit Review30024-Jun-24 A06-Aug-24 AA2620Submit 100% CD Doc's for Permitting0024-Jun-24 AA2630Permit Comments Received from City0006-Aug-24 AA2640Design Team Prepare Response to City Comments5007-Aug-24 A13-Aug-24 AA2650City Review of Design Team Responses10014-Aug-24 A27-Aug-24 AA2660Building Permit Issued0027-Aug-24 AConstructionConstructionConstructionConstructionConstructionConstructionKey Dates / MilestonesKey Dates / MilestonesKey Dates / MilestonesKey Dates / MilestonesKey Dates / MilestonesKey Dates / MilestonesA3140Construction - Phase 1383823-Sep-2413-Nov-24A3160Construction - Phase 225425414-Nov-2414-Nov-25A3170Construction - Phase 310010017-Nov-2510-Apr-26A3150Project Closeout - Phase 3202013-Apr-2608-May-26Phase 1 - North ParkingPhase 1 - North ParkingPhase 1 - North ParkingPhase 1 - North ParkingPhase 1 - North ParkingPhase 1 - North ParkingMobilization & BuyoutMobilization & BuyoutMobilization & BuyoutMobilization & BuyoutMobilization & BuyoutMobilization & BuyoutA1210Issue LOI's | Sub Buyout & Purchasing - All Phases252511-Sep-2415-Oct-24A2670Office Trailer | Delivery & Connect Utilities5523-Sep-2427-Sep-24A1225Tree Survey I Tree Protection - Phase 12223-Sep-2424-Sep-24A2710SWPPP | Erosion Control - Phase 12223-Sep-2424-Sep-24A1215Site Survey & Dimensional Control - Phase 11124-Sep-2424-Sep-24A1245Temporary Site Fencing - Phase 11124-Sep-2424-Sep-24A1235Locate Existing Utilities - Phase 12225-Sep-2426-Sep-24Parking Lot AdditionParking Lot AdditionParking Lot AdditionParking Lot AdditionParking Lot AdditionParking Lot AdditionA3020Site Paving & Landscape Demo2227-Sep-2430-Sep-24A3030Excavation and Grading2201-Oct-2402-Oct-24A3040Parking Lot Subgrade Prep (Lime)7703-Oct-2411-Oct-24Q4Q1Q2Q3Q4Q1Q2Q320252026Issue 100% Design Development DocumentsIssue 50% Contract DocumentsIssue 95% Contract DocumentsIssue 100% Contract DocumentsByrne Review of CD Doc's & Bid PackagesPublic Advertisement #1100% CD Doc's & Bid Packages Out to BidPublic Advertisement #2PreBid Meeting / Site Walk (1:30PM)Final RFI's from SubcontractorsFinal Addendum Issued by Design TeamBid DaySubcontractor Bid Scope ReviewGMP DevelopmentCity of Coppell Council Approval of GMPNotice to Proceed for ProcurementNotice to Proceed Construction StartCity Permit ReviewSubmit 100% CD Doc's for PermittingPermit Comments Received from CityDesign Team Prepare Response to City CommentsCity Review of Design Team ResponsesBuilding Permit IssuedConstruction - Phase 1Construction - Phase 2Construction - Phase 3Project Closeout - Phase 3Issue LOI's | Sub Buyout & Purchasing - All PhasesOffice Trailer | Delivery & Connect UtilitiesTree Survey I Tree Protection - Phase 1SWPPP | Erosion Control - Phase 1Site Survey & Dimensional Control - Phase 1Temporary Site Fencing - Phase 1Locate Existing Utilities - Phase 1Site Paving & Landscape DemoExcavation and GradingParking Lot Subgrade Prep (Lime)Remaining Level of EffortActual Level of EffortActual WorkRemaining WorkCritical Remaining WorkMile...Coppell Service CenterGMP Schedule 8.30.24 Project Start Date: 01-Mar-24 Project Finish Date: 13-May-26 Data Date: 30-Aug-24 Page 1 of 5Exhibit A.4 Activity IDActivityODRDStartFinishA3090Concrete Curb/Gutter & Sidewalks5514-Oct-2418-Oct-24A3050HMAC Installation3321-Oct-2423-Oct-24A3060Striping & Signage1124-Oct-2424-Oct-24A3080Landscape & Irrigation5524-Oct-2430-Oct-24Project Closeout - Phase 1Project Closeout - Phase 1Project Closeout - Phase 1Project Closeout - Phase 1Project Closeout - Phase 1Project Closeout - Phase 1A3550Parking Lot & Site Final Clean1128-Oct-2428-Oct-24A3530Byrne Punchlist4431-Oct-2405-Nov-24A3540City Final Inspections2231-Oct-2401-Nov-24A3070Public Turnover for Parking0001-Nov-24A3580Architect Punchlist5506-Nov-2412-Nov-24A3570Phase 1 - Complete1113-Nov-2413-Nov-24Phase 2 - New AdditionPhase 2 - New AdditionPhase 2 - New AdditionPhase 2 - New AdditionPhase 2 - New AdditionPhase 2 - New AdditionMajor Submittals and ProcurementMajor Submittals and ProcurementMajor Submittals and ProcurementMajor Submittals and ProcurementMajor Submittals and ProcurementMajor Submittals and ProcurementA1180Structural Steel Shop Dwgs. - Generate - Phase 2202025-Sep-2422-Oct-24A1150Foundation Rein Shop Dwgs. A/E Review - Phase 2101002-Oct-2415-Oct-24A1170BIM Shop Dwg Coord UG Bldg. & Site Generate - Phase 2101002-Oct-2415-Oct-24A1190BIM Sho Dwg Coord - UG Bldg & Site A/E Review - Phase 2101016-Oct-2429-Oct-24A1220BIM Shop Dwg Coord - Overhead MEP - Phase 2 - Generate101016-Oct-2429-Oct-24A1200Structrual Steel Shop Dwg. - A/E Review - Phase 2101023-Oct-2405-Nov-24A1270BIM Shop Dwg. Coord - Overhead MEP - Phase 2 - A/E Review101030-Oct-2412-Nov-24A1160Site Utility Submittals - A/E Review101006-Nov-2419-Nov-24A1260Structural Steel Fabrication - Phase 2252506-Nov-2412-Dec-24A1280Overhead MEP Procurement (Ductwork, Lighting, etc.) - Ph 2202013-Nov-2412-Dec-24MobilizationMobilizationMobilizationMobilizationMobilizationMobilizationA1140Locate Existing Utilities - Phase 25531-Oct-2406-Nov-24A1250Site Survey & Dimensional Control - Phase 21131-Oct-2431-Oct-24A1205Tree Survey | Tree Protection - Phase 21104-Nov-2404-Nov-24A1230SWPPP | Erosion Control - Phase 23304-Nov-2406-Nov-24A1204Temporary Site Fencing - Phase 23304-Nov-2406-Nov-24SiteworkSiteworkSiteworkSiteworkSiteworkSiteworkA1144Demo Existing Site & Misc. Paving/HMAC5514-Nov-2420-Nov-24A2560Earthwork - Slab Prep7721-Nov-2403-Dec-24A1240Storm Drain101004-Dec-2417-Dec-24A1290Water5518-Dec-2426-Dec-24A1300Sanitary Sewer5527-Dec-2403-Jan-25A2320Asphalt Coating & Detached Parking151525-Jun-2516-Jul-25A2680Sidewalks | Hardscape202017-Jul-2513-Aug-25A2690Irrigation151514-Aug-2503-Sep-25A2700Landscaping202004-Sep-2502-Oct-25AdditionAdditionAdditionAdditionAdditionAdditionBuilding Foundation & StructureBuilding Foundation & StructureBuilding Foundation & StructureBuilding Foundation & StructureBuilding Foundation & StructureBuilding Foundation & StructureA2730Pier Layout1104-Dec-2404-Dec-24A2740Drilled Piers (Belled)121205-Dec-2420-Dec-24A3130Structural Steel Delivery0013-Dec-24A2830Grade Beams151523-Dec-2415-Jan-25A2750Underground MEP101016-Jan-2529-Jan-25Q4Q1Q2Q3Q4Q1Q2Q320252026Concrete Curb/Gutter & SidewalksHMAC InstallationStriping & SignageLandscape & IrrigationParking Lot & Site Final CleanByrne PunchlistCity Final InspectionsPublic Turnover for ParkingArchitect PunchlistPhase 1 - CompleteStructural Steel Shop Dwgs. - Generate - Phase 2Foundation Rein Shop Dwgs. A/E Review - Phase 2BIM Shop Dwg Coord UG Bldg. & Site Generate - Phase 2BIM Sho Dwg Coord - UG Bldg & Site A/E Review - Phase 2BIM Shop Dwg Coord - Overhead MEP - Phase 2 - GenerateStructrual Steel Shop Dwg. - A/E Review - Phase 2BIM Shop Dwg. Coord - Overhead MEP - Phase 2 - A/E ReviewSite Utility Submittals - A/E ReviewStructural Steel Fabrication - Phase 2Overhead MEP Procurement (Ductwork, Lighting, etc.) - Ph 2Locate Existing Utilities - Phase 2Site Survey & Dimensional Control - Phase 2Tree Survey | Tree Protection - Phase 2SWPPP | Erosion Control - Phase 2Temporary Site Fencing - Phase 2Demo Existing Site & Misc. Paving/HMACEarthwork - Slab PrepStorm DrainWaterSanitary SewerAsphalt Coating & Detached ParkingSidewalks | HardscapeIrrigationLandscapingPier LayoutDrilled Piers (Belled)Structural Steel DeliveryGrade BeamsUnderground MEPRemaining Level of EffortActual Level of EffortActual WorkRemaining WorkCritical Remaining WorkMile...Coppell Service CenterGMP Schedule 8.30.24 Project Start Date: 01-Mar-24 Project Finish Date: 13-May-26 Data Date: 30-Aug-24 Page 2 of 5Exhibit A.4 Activity IDActivityODRDStartFinishA2870FRP - Slab-on-Grade (One Pour)8830-Jan-2510-Feb-25A3100Concrete Cure (Floor Grinding)101011-Feb-2524-Feb-25A3110Initial Exposed Concrete Floor Grinding 80%6625-Feb-2504-Mar-25A3120Storm Shelter Concrete Walls & Ceiling151525-Feb-2517-Mar-25A2760Structural Steel Erection202018-Mar-2514-Apr-25A3190Roof Decking & Misc. Steel Detailing5515-Apr-2521-Apr-25Exterior Facade & RoofingExterior Facade & RoofingExterior Facade & RoofingExterior Facade & RoofingExterior Facade & RoofingExterior Facade & RoofingA3200Exterior Wall Framing151515-Apr-2505-May-25A3210Roofing151506-May-2527-May-25A3520Sheathing & Waterproofing7706-May-2514-May-25A3220Brick Veneer (Includes Scaff Setup & Removal)353515-May-2503-Jul-25A3230Mechanical Screen Wall Panels5528-May-2503-Jun-25A3270Roofing Dried-In1128-May-2528-May-25A3240EIFS System101006-Jun-2519-Jun-25A3250Fiber Cement Architectural Wall Panel101013-Jun-2526-Jun-25A3280Glass and Glazing7713-Jun-2523-Jun-25A3290Building Dry-In1124-Jun-2524-Jun-25A3260Metal Panels5507-Jul-2511-Jul-25Interior FinishesInterior FinishesInterior FinishesInterior FinishesInterior FinishesInterior FinishesA3300Delivery of Exterior & Interior HM Door Frames1111-Feb-2511-Feb-25A3310Interior Partition Layout2215-Apr-2516-Apr-25A3180Overhead MEP Rough-In252529-May-2502-Jul-25A3320Frame Interior Walls121226-Jun-2514-Jul-25A3330In Wall MEP/Security/AV & Data Rough-In151511-Jul-2531-Jul-25A3340One Side Interior Walls101025-Jul-2507-Aug-25A3430IT / Data OH Wire Pull5501-Aug-2507-Aug-25A3350In-Wall Inspection1108-Aug-2508-Aug-25A3360Close Walls101011-Aug-2522-Aug-25A3370Hard Ceilings and Interior Soffits5511-Aug-2515-Aug-25A3380Tape, Bed, Float and Paint (First Coat)151518-Aug-2505-Sep-25A3400Ceramic Tile101018-Aug-2529-Aug-25A3410Ceiling Grid131309-Sep-2525-Sep-25A3390Ceiling Systems202012-Sep-2509-Oct-25A3440Toilet Accessories & Specialties5523-Sep-2529-Sep-25A3420Millwork7726-Sep-2506-Oct-25A3480Paint - Final Coat101026-Sep-2509-Oct-25A3470Exposed Concrete Flooring - Final Grind5530-Sep-2506-Oct-25A3460Flooring5502-Oct-2508-Oct-25A3450Drop Ceiling Tile5507-Oct-2513-Oct-25A3490MEP Trimout181810-Oct-2504-Nov-25A3500Signage2210-Oct-2513-Oct-25A3510Window Treatments2210-Oct-2513-Oct-25Project Closeout - Phase 2Project Closeout - Phase 2Project Closeout - Phase 2Project Closeout - Phase 2Project Closeout - Phase 2Project Closeout - Phase 2A3560Permanent Power (Panel HA to BHA Energized)0022-Aug-25A3590Conditioned Air0011-Sep-25A2940Byrne Punchlist101010-Oct-2523-Oct-25Q4Q1Q2Q3Q4Q1Q2Q320252026FRP - Slab-on-Grade (One Pour)Concrete Cure (Floor Grinding)Initial Exposed Concrete Floor Grinding 80%Storm Shelter Concrete Walls & CeilingStructural Steel ErectionRoof Decking & Misc. Steel DetailingExterior Wall FramingRoofingSheathing & WaterproofingBrick Veneer (Includes Scaff Setup & Removal)Mechanical Screen Wall PanelsRoofing Dried-InEIFS SystemFiber Cement Architectural Wall PanelGlass and GlazingBuilding Dry-InMetal PanelsDelivery of Exterior & Interior HM Door FramesInterior Partition LayoutOverhead MEP Rough-InFrame Interior WallsIn Wall MEP/Security/AV & Data Rough-InOne Side Interior WallsIT / Data OH Wire PullIn-Wall InspectionClose WallsHard Ceilings and Interior SoffitsTape, Bed, Float and Paint (First Coat)Ceramic TileCeiling GridCeiling SystemsToilet Accessories & SpecialtiesMillworkPaint - Final CoatExposed Concrete Flooring - Final GrindFlooringDrop Ceiling TileMEP TrimoutSignageWindow TreatmentsPermanent Power (Panel HA to BHA Energized)Conditioned AirByrne PunchlistRemaining Level of EffortActual Level of EffortActual WorkRemaining WorkCritical Remaining WorkMile...Coppell Service CenterGMP Schedule 8.30.24 Project Start Date: 01-Mar-24 Project Finish Date: 13-May-26 Data Date: 30-Aug-24 Page 3 of 5Exhibit A.4 Activity IDActivityODRDStartFinishA2960Building / Site Final Clean5510-Oct-2516-Oct-25A2970Owner Training5517-Oct-2523-Oct-25A2990Architect Punchlist and Closeout151524-Oct-2513-Nov-25A2950City Final Inspections5505-Nov-2511-Nov-25A2980Phase 2 - Substantial Completion3312-Nov-2514-Nov-25A3000Owner FF&E & Move into New Addition101017-Nov-2502-Dec-25A3010Final Completion202017-Nov-2516-Dec-25Phase 3 - RemodelPhase 3 - RemodelPhase 3 - RemodelPhase 3 - RemodelPhase 3 - RemodelPhase 3 - RemodelRemodel BuildingRemodel BuildingRemodel BuildingRemodel BuildingRemodel BuildingRemodel BuildingBuilding Foundation Revisions & UG RoughBuilding Foundation Revisions & UG RoughBuilding Foundation Revisions & UG RoughBuilding Foundation Revisions & UG RoughBuilding Foundation Revisions & UG RoughBuilding Foundation Revisions & UG RoughA2790Salvage Existing Items & Deliver to Owner2203-Dec-2504-Dec-25A3870Make Safe for Demo & Existing System Tracing5503-Dec-2509-Dec-25A3860Demolition of Interior Space101010-Dec-2523-Dec-25A3830Saw Cut & Remove Existing Slab for Plumbing UG Rough2226-Dec-2529-Dec-25A3840UG Plumbing Rough-In7730-Dec-2508-Jan-26A3850Pour Back Slab at Plumbing Rough Locations2209-Jan-2612-Jan-26Interior FinishesInterior FinishesInterior FinishesInterior FinishesInterior FinishesInterior FinishesA3600Delivery Interior HM Door Frames1126-Dec-2526-Dec-25A3760Exposed Concrete Flooring - Final Grind7726-Dec-2506-Jan-26A3610Interior Partition Layout1106-Jan-2606-Jan-26A3620Overhead MEP Rough-In (Includes Cable Tray)151507-Jan-2627-Jan-26A3630Frame Interior Walls7707-Jan-2615-Jan-26A3640In Wall MEP/Security/AV & Data Rough-In101013-Jan-2626-Jan-26A2820Existing Roof Tie-In2216-Jan-2619-Jan-26A3650One Side Interior Walls7723-Jan-2602-Feb-26A3660IT / Data OH Wire Pull5528-Jan-2603-Feb-26A3670In-Wall Inspection1103-Feb-2603-Feb-26A3680Close Walls7704-Feb-2612-Feb-26A3690Hard Ceilings and Interior Soffits3304-Feb-2606-Feb-26A3700Tape, Bed, Float and Paint (First Coat)101009-Feb-2620-Feb-26A3710Ceramic Tile151509-Feb-2627-Feb-26A3720Ceiling Grid9923-Feb-2605-Mar-26A3770Toilet Accessories & Specialties2202-Mar-2603-Mar-26A3740Millwork & Lockers3306-Mar-2610-Mar-26A3750Paint - Final Coat101006-Mar-2619-Mar-26A3800Drop Ceiling Tile5511-Mar-2617-Mar-26A3780Flooring5511-Mar-2617-Mar-26A3790MEP Trimout151512-Mar-2601-Apr-26A3810Signage2220-Mar-2623-Mar-26A3820Window Treatments2220-Mar-2623-Mar-26Project Closeout - Phase 3Project Closeout - Phase 3Project Closeout - Phase 3Project Closeout - Phase 3Project Closeout - Phase 3Project Closeout - Phase 3A2410Final Clean5502-Apr-2608-Apr-26A2390Byrne Punchlist5502-Apr-2608-Apr-26A2370City Final Inspections5502-Apr-2608-Apr-26A2380Owner Training5509-Apr-2615-Apr-26A2840Phase 3 - Substantial Completion2209-Apr-2610-Apr-26Q4Q1Q2Q3Q4Q1Q2Q320252026Building / Site Final CleanOwner TrainingArchitect Punchlist and CloseoutCity Final InspectionsPhase 2 - Substantial CompletionOwner FF&E & Move into New AdditionFinal CompletionSalvage Existing Items & Deliver to OwnerMake Safe for Demo & Existing System TracingDemolition of Interior SpaceSaw Cut & Remove Existing Slab for Plumbing UG RoughUG Plumbing Rough-InPour Back Slab at Plumbing Rough LocationsDelivery Interior HM Door FramesExposed Concrete Flooring - Final GrindInterior Partition LayoutOverhead MEP Rough-In (Includes Cable Tray)Frame Interior WallsIn Wall MEP/Security/AV & Data Rough-InExisting Roof Tie-InOne Side Interior WallsIT / Data OH Wire PullIn-Wall InspectionClose WallsHard Ceilings and Interior SoffitsTape, Bed, Float and Paint (First Coat)Ceramic TileCeiling GridToilet Accessories & SpecialtiesMillwork & LockersPaint - Final CoatDrop Ceiling TileFlooringMEP TrimoutSignageWindow TreatmentsFinal CleanByrne PunchlistCity Final InspectionsOwner TrainingPhase 3 - Substantial CompletionRemaining Level of EffortActual Level of EffortActual WorkRemaining WorkCritical Remaining WorkMile...Coppell Service CenterGMP Schedule 8.30.24 Project Start Date: 01-Mar-24 Project Finish Date: 13-May-26 Data Date: 30-Aug-24 Page 4 of 5Exhibit A.4 Activity IDActivityODRDStartFinishA2850Architect Punchlist101009-Apr-2622-Apr-26A2430Owner FF&E101013-Apr-2624-Apr-26A2860Final Completion202016-Apr-2613-May-26Q4Q1Q2Q3Q4Q1Q2Q320252026Architect PunchlistOwner FF&EFinal CompletionRemaining Level of EffortActual Level of EffortActual WorkRemaining WorkCritical Remaining WorkMile...Coppell Service CenterGMP Schedule 8.30.24 Project Start Date: 01-Mar-24 Project Finish Date: 13-May-26 Data Date: 30-Aug-24 Page 5 of 5Exhibit A.4 Byrne Construction Services Coppell Service Center – GMP Exhibit “A.5” Contract Documents See attached Contract Documents List dated September 3, 2024. Date: Sheet Original Sheet Name Date 00 31 32 06/21/24 Geotechnical Data 01 26 00 06/21/24 Contract Modification Procedures 01 30 00 06/21/24 Administrative Requirements 01 30 01 06/21/24 RFI Form 01 30 01.1 06/21/24 C106-2022 01 33 00 06/21/24 Submittal Procedures 01 40 00 06/21/24 Quality Requirements 01 42 00 06/21/24 References 01 45 29 06/21/24 Testing Laboratory Services 01 57 13 06/21/24 Temporary Erosion and Sediment Control 01 57 23 06/21/24 Storm Water Pollution Prevention Plan 01 60 00 06/21/24 Product Requirements 01 70 00 06/21/24 Execution and Closeout Requirements 01 73 00 06/21/24 Execution 01 91 13 06/21/24 General Commissioning Requirements 02 41 19 06/21/24 Selective Demolition 03 10 00 06/21/24 Concrete Forming and Accessories 03 20 00 06/21/24 Concrete Reinforcing 03 30 00 06/21/24 Cast-In-Place Concrete 03 35 43 06/21/24 Polished Concrete Finishing 04 05 23 06/21/24 Through-Wall and Wall Substrate Flashing System 04 26 13 06/21/24 Masonry Veneer 05 12 00 06/21/24 Structural Steel Framing 05 21 00 06/21/24 Steel Joist Framing 05 31 00 06/21/24 Steel Decking 05 50 00 06/21/24 Metal Fabrications 06 10 00 06/21/24 Rough Carpentry 06 16 00 06/21/24 Sheathing 06 41 16 06/21/24 Plastic-Laminate-Clad Architectural Cabinets 06 42 16 06/21/24 Flush Wood Paneling 07 21 00 06/21/24 Thermal Insulation 07 24 13 06/21/24 Polymer-Based Exterior Insulation & Finish System (EIFS) 07 26 00 06/21/24 Vapor Retarders 07 27 26 06/21/24 Fluid-Applied Membrane Air Barriers 07 31 13 06/21/24 Asphalt Shingles 07 42 13.13 06/21/24 Formed Metal Wall Panels 07 42 93 06/21/24 Soffit Panels 07 46 46 06/21/24 Fiber Cement Siding 07 52 16 06/21/24 Styrene-Butadiene-Styrene (SBS) Modified Bituminous Membrane Roofing 07 62 00 06/21/24 Sheet Metal Flashing and Trim 07 71 00 06/21/24 Roof Specialties 07 84 13 06/21/24 Penetration Firestopping 07 84 43 06/21/24 Joint Firestopping 07 92 00 06/21/24 Joint Sealants 07 92 19 06/21/24 Acoustical Joint Sealants 07 95 13.13 06/21/24 Interior Expansion Joint Cover Assemblies 07 95 13.16 06/21/24 Exterior Expansion Joint Cover Assemblies SPECIFICATIONS Guaranteed Maximum Price A CENTURY OF EXCELLENCE 9/3/2024 Coppell Service Center Remdel & Addition Coppell Texas Contract Documents List 551 E Berry St. Fort Worth, TX 76110 817/335/3394 FAX 817/877-5507 Page 1 of 6 Contract Documents List Date: Sheet Original Sheet Name Guaranteed Maximum Price A CENTURY OF EXCELLENCE 9/3/2024 Coppell Service Center Remdel & Addition Coppell Texas Contract Documents List 551 E Berry St. Fort Worth, TX 76110 817/335/3394 FAX 817/877-5507 08 11 13 06/21/24 Hollow Metal Doors and Frames 08 14 16 06/21/24 Flush Wood Doors 08 31 13 06/21/24 Access Doors and Frames 08 41 13 06/21/24 Aluminum-Framed Entrances and Storefronts 08 41 26 06/21/24 All-Glass Entrances and Storefronts 08 71 00 06/21/24 Door Hardware 08 80 00 06/21/24 Glazing 09 22 16 06/21/24 Non-Structural Metal Framing 09 29 00 06/21/24 Gypsum Board 09 30 13 06/21/24 Ceramic Tiling 09 51 13 06/21/24 Acoustical Ceiling Baffle 09 65 13 06/21/24 Resilient Base and Accessories 09 68 13 06/21/24 Tile Carpeting 09 77 00 06/21/24 Fiberglass Reinforced Wall Panels 09 90 00 06/21/24 Painting 09 91 13 06/21/24 Exterior Painting 09 96 11 06/21/24 High-Performance Coatings 10 14 16 06/21/24 Plaques 10 14 19 06/21/24 Dimensional Letter Signage 10 14 23 06/21/24 Panel Signage 10 14 23.16 06/21/24 Room-Identification Panel Signage 10 21 13.19 06/21/24 Plastic Toilet Compartments 10 22 39 06/21/24 Folding Panel Partitions 10 28 13 06/21/24 Toilet Accessories 10 44 13 06/21/24 Fire Protection Cabinets 10 44 16 06/21/24 Fire Extinguishers 10 51 13 06/21/24 Metal Lockers 10 82 13 06/21/24 Rooftop Equipment Screens 11 30 13 06/21/24 Residential Appliances 12 24 13 06/21/24 Roller Shades 12 36 61.19 06/21/24 Quartz Agglomerate Countertops 21 05 00 06/21/24 Common Work Results for Fire Suppression 21 13 13 06/21/24 Wet-Pipe Sprinkler Systems 22 05 29 06/21/24 Hangers and Supports for Plumbing Piping 22 07 00 06/21/24 Plumbing Insulation 22 11 00 06/21/24 Facility Water Distribution 22 13 00 06/21/24 Facility Sanitary Sewerage 22 14 00 06/21/24 Facility Storm Drainage 22 33 00 06/21/24 Electric Domestic Water Heaters 22 40 00 06/21/24 Plumbing Fixtures 23 05 00 06/21/24 General Mechanical Requirements 23 05 00.20 06/21/24 Basic Mechanical Materials and Methods 23 05 29 06/21/24 Hangers and Supports for HVAC Piping and Equipment 23 05 53 06/21/24 Identification for HVAC Piping and Equipment 23 05 93 06/21/24 Testing, Adjusting, and Balancing for HVAC 23 07 00 06/21/24 HVAC Insulation 23 09 00 06/21/24 BAS Instrumentation and Controls 23 09 93 06/21/24 BAS Sequence of Operations 23 23 00 06/21/24 Refrigerant Piping Page 2 of 6 Contract Documents List Date: Sheet Original Sheet Name Guaranteed Maximum Price A CENTURY OF EXCELLENCE 9/3/2024 Coppell Service Center Remdel & Addition Coppell Texas Contract Documents List 551 E Berry St. Fort Worth, TX 76110 817/335/3394 FAX 817/877-5507 23 31 00 06/21/24 HVAC Ducts and Casings 22 33 00 06/21/24 Air Duct Accessories 23 34 00 06/21/24 HVAC Fans 23 36 00 06/21/24 Air Terminal Units 23 37 00 06/21/24 Air Outlets and Inlets 23 74 16.11 06/21/24 Packaged, Small-Capacity, Rooftop Air Conditioning Units 23 74 16.12 06/21/24 Packaged, Intermediate-Capacity, Rooftop Air Conditioning Units 23 81 26.10 06/21/24 Ductless-Split System Air Conditioners 23 82 00 06/21/24 Convection Heating and Cooling Units 26 05 00 06/21/24 Basic Electrical Methods 26 05 13 06/21/24 Building Wire and Cable 26 05 19 06/21/24 Equipment Wiring System 26 05 26 06/21/24 Grounding and Bonding 26 05 29 06/21/24 Supporting Devices 26 05 33 06/21/24 Conduit 26 05 33.16 06/21/24 Boxes 26 05 36 06/21/24 Cable Trays 26 05 53 06/21/24 Electrical Identification 26 05 73 06/21/24 Power System Studies 26 12 16 06/21/24 Dry-Type, Medium-Voltage Transformers 26 18 39 06/21/24 Enclosed Motor Controllers 26 24 16 06/21/24 Switchboards and Panelboards 26 27 26 06/21/24 Wiring Devices 26 28 16.16 06/21/24 Enclosed Switches 26 41 00 06/21/24 Facility Lightning Protection 26 51 00 06/21/24 Interior Lighting 27 00 10 06/21/24 Supplemental Requirements for Communications 27 05 26 06/21/24 Grounding and Bonding for Communications Systems 27 05 28 06/21/24 Pathways for Communications Systems 27 05 36 06/21/24 Cable Trays for Communications Systems 27 05 44 06/21/24 Sleeves and Sleeve Seals for Communications Pathway and Cabling 27 05 53 06/21/24 Identification for Communications Systems 27 11 00 06/21/24 Communications Equipment Room Fittings 27 11 16 06/21/24 Communications Racks, Frames, and Enclosures 27 13 13 06/21/24 Communications Copper Backbone Cabling 27 13 23 06/21/24 Communications Optical Fiber Backbone Cabling 27 15 13 06/21/24 Communications Copper Horizontal Cabling 27 15 23 06/21/24 Communications Optical Fiber Horizontal Cabling 28 31 00 06/21/24 Fire Alarm Systems 31 20 00.10 06/21/24 Earth Moving for Facility 31 23 00 06/21/24 Excavation, Trenching, and Backfilling 31 23 16 06/21/24 Trench Safety Systems 31 25 13 06/21/24 Silt Fence 31 25 53 06/21/24 Inlet Protection 31 31 16 06/21/24 Termite Control 31 63 29 06/21/24 Drilled Concrete Piers and Shafts 32 13 13 06/21/24 Concrete Paving 32 13 16 06/21/24 Decorative Concrete Paving 32 13 30 06/21/24 Site Concrete Paving Page 3 of 6 Contract Documents List Date: Sheet Original Sheet Name Guaranteed Maximum Price A CENTURY OF EXCELLENCE 9/3/2024 Coppell Service Center Remdel & Addition Coppell Texas Contract Documents List 551 E Berry St. Fort Worth, TX 76110 817/335/3394 FAX 817/877-5507 32 13 73 06/21/24 Concrete Paving Joint Sealants 32 17 23 06/21/24 Pavement Markings 32 17 26 06/21/24 Tactile Warning Surfacing 32 31 19 06/21/24 Decorative Metal Fences and Gates 32 33 00 06/21/24 Site Furnishing 32 84 00 06/21/24 Landscape Irrigation System 32 91 13 06/21/24 Soil Preparation 32 92 00 06/21/24 Turf and Grasses 32 93 00 06/21/24 Plants 33 11 13 06/21/24 Water Supply System 33 12 33 06/21/24 Water Meters 33 31 13 06/21/24 Sanitary Sewer 33 40 00 06/21/24 Underground Storm Sewer and Appurtenances 33 41 13 06/21/24 Polyvinyl Chloride Pipe Storm Drains 33 44 05 06/21/24 Site Underdrains G-001 06/21/24 Cover Sheet & Index G-011 06/21/24 Symbols, Legends & Abbreviations G-021 06/21/24 Accessibility Standards G-022 06/21/24 Accessibility Standards G-101 06/21/24 Life Safety Information G-102 06/21/24 Storm Shelter Information G-111 06/21/24 Phasing Plan C-100 06/21/24 Final Plat C-101 06/21/24 Existing Conditions C-102 06/21/24 Overall Site Plan CD101 06/21/24 Removal Plan CE101 06/21/24 Erosion Control Plan CE501 06/21/24 Erosion Control Details CS101 06/21/24 Construction Plan CS102 06/21/24 Construction Plan - Alternate CS103 06/21/24 Point Map CS104 06/21/24 Jointing Plan CS501 06/21/24 Paving Details CS502 06/21/24 Paving Details CS503 06/21/24 Paving Details CG101 06/21/24 Overall Grading Plan CG102 06/21/24 Grading Plan - Area A CH101 06/21/24 Pre-Development Drainage Area Map CH102 06/21/24 Post-Development Drainage Area Map CU101 06/21/24 Utility Plan CU102 06/21/24 Storm Drain Plan CU103 06/21/24 Storm Drain Plan Enlargement CU104 06/21/24 Storm Drain Profile CU501 06/21/24 Utility Details CU502 06/21/24 Utility Details CU503 06/21/24 Utility Details CU504 06/21/24 Utility Details LP-01 06/21/24 Overall Landscape Plan Drawings Page 4 of 6 Contract Documents List Date: Sheet Original Sheet Name Guaranteed Maximum Price A CENTURY OF EXCELLENCE 9/3/2024 Coppell Service Center Remdel & Addition Coppell Texas Contract Documents List 551 E Berry St. Fort Worth, TX 76110 817/335/3394 FAX 817/877-5507 LP-02 06/21/24 Landscape Plan Enlargement LP-03 06/21/24 Landscape Plan Enlargement LP-04 06/21/24 Courtyard Plan Enlargement LP-05 06/21/24 Landscape Details LP-06 06/21/24 Landscape Details LP-07 06/21/24 Landscape Details LP-08 06/21/24 Landscape Details LI-001 06/21/24 Irrigation Notes & Schedules LI-002 06/21/24 Irrigation As-Built Drawings LI-003 06/21/24 Irrigation As-Built Drawings LI-004 06/21/24 Irrigation As-Built Drawings LI-01 06/21/24 Overall Irrigation Plan LI-02 06/21/24 Irrigation Plan Enlargement LI-03 06/21/24 Irrigation Details S-001 06/21/24 General Notes S-002 06/21/24 Typical Foundation Details S-003 06/21/24 Typical Foundation Details S-004 06/21/24 Typical Framing Details S-005 06/21/24 Light Gauge Steel Details S-006 06/21/24 Special Inspections IBC 2015 S-007 06/21/24 Storm Shelter Information S-100 06/21/24 Storm Shelter Foundation Plan and Details S-101 06/21/24 Storm Shelter Framing Plan and Details S-111 06/21/24 Foundation Plan S-121 06/21/24 Roof Framing Plan S-201 06/21/24 Frame Elevations S-501 06/21/24 Foundation Details S-511 06/21/24 Framing Details S-512 06/21/24 Framing Details S-901 06/21/24 3D Views AS-101 06/21/24 Architectural Site Plan AD-101 06/21/24 Demolition Plan - First Floor AD-104 06/21/24 Demolition Plan - Roof A-001 06/21/24 Architectural / Interior Legends A-002 06/21/24 Interior Partition Schedule A-111 06/21/24 Dimensioned Floor Plan A-121 06/21/24 Annotated Floor Plan A-131 06/21/24 Reflected Ceiling Plan A-141 06/21/24 Roof Plan A-201 06/21/24 Exterior Elevations A-211 06/21/24 Interior Elevations A-212 06/21/24 Interior Elevations A-213 06/21/24 Interior Elevations A-301 06/21/24 Building Sections A-311 06/21/24 Wall Sections A-312 06/21/24 Wall Sections A-313 06/21/24 Wall Sections A-315 06/21/24 Millwork Sections A-401 06/21/24 Enlarged Plans Page 5 of 6 Contract Documents List Date: Sheet Original Sheet Name Guaranteed Maximum Price A CENTURY OF EXCELLENCE 9/3/2024 Coppell Service Center Remdel & Addition Coppell Texas Contract Documents List 551 E Berry St. Fort Worth, TX 76110 817/335/3394 FAX 817/877-5507 A-402 06/21/24 Enlarged Plans A-403 06/21/24 Enlarged Reflected Ceiling Plans A-501 06/21/24 Plan Details A-502 06/21/24 Section Details A-503 06/21/24 Section Details A-504 06/21/24 Ceiling Details A-601 06/21/24 Door & Glazing Schedule A-605 06/21/24 Aluminum Frame Schedule A-701 06/21/24 Door & Glazing Details A-702 06/21/24 Door & Glazing Details A-901 06/21/24 3D Views I-001 06/21/24 Interior Legends & Abbreviations I-111 06/21/24 Floor Finish Plan I-121 06/21/24 Wall Finish Plan - First Floor I-131 06/21/24 Furniture Plan - First Floor F-101 06/21/24 Fire Protection Demolition Plan F-111 06/21/24 Fire Protection Plan P-001 06/21/24 Plumbing Abbreviations & Legends P-101 06/21/24 Plumbing Demolition Plan P-111 06/21/24 Plumbing Plan P-112 06/21/24 Plumbing Roof Plan P-501 06/21/24 Plumbing Details P-601 06/21/24 Plumbing Schedules M-001 06/21/24 Mechanical Abbreviations & Legends M-101 06/21/24 Mechanical Demolition Plan M-111 06/21/24 Mechanical Plan M-112 06/21/24 Mechanical Roof Plan M-501 06/21/24 Mechanical Details M-601 06/21/24 Mechanical Schedules E-001 06/21/24 Electrical Abbreviations & Legend E-100 06/21/24 Electrical Site Plan E-101 06/21/24 Electrical Site Plan Alternate E-102 06/21/24 Electrical Demolition Plan E-111 06/21/24 Electrical Lighting Plan E-121 06/21/24 Electrical Power Plan E-123 06/21/24 Mechanical Equipment Electrical Plan E-131 06/21/24 Electrical Communications Plan E-501 06/21/24 Electrical Riser Diagram & Details E-601 06/21/24 Electrical Schedules 1 E-602 06/21/24 Electrical Schedules 2 1 07/24/24 Addendum 1 Addenda Page 6 of 6 Contract Documents List Byrne Construction Services Coppell Service Center – GMP Exhibit “A.6” Allowances The allowances indicated below are included in this GMP. 1. Communications $211,871 2. Audio/Video Systems $112,893 3. Emergency Responder Radio Coverage $42,000 4. Security & Access Control $154,043 5. Hot/Cold Placement of Concrete $20,000 6. Pier Overage $20,000 7. Cast Stone Cornerstone $5,000 8. Building Plaque $6,000 9. Appliances $30,000 Byrne Construction Services Coppell Service Center – GMP Exhibit “A.7” Qualifications & Clarifications See attached Qualifications & Clarifications dated September 3, 2024. A CENTURY OF EXCELLENCE551 E. Berry StreetFort Worth, Texas 76110(817) 335-3394Fax (817) 877-5507Date:September 3, 2024General Conditions:1 A Contractor's Construction Contingency of 3% is included in this GMP, and is intended for construction use only. Owner contingency is included at 2%.2 A construction fee of 3.25% is included on the cost summary, and is based upon the total construction cost.3 Builders Risk Insurance is included and based upon the total cost.4 CGL & Umbrella Insurance is included and based upon the total cost.5 Payment and Performance bonds for Byrne have been included on the cost summary, and are based upon the total cost.6 The CM pre-construction services fee is excluded from this GMP.7 All costs associated with approvals, easements, assessments, fees, deposits, charges, permits, studies, impact fees, tap fees, services fees, or similar, required by any governing agency to include County, City, State, or Federal entities, in addition to any and all utility entities are specifically excluded.8 Building permit cost is excluded.9 Testing Lab services for materials, mock-ups, or delegated engineering components are to be provided by the Owner, and are excluded.10 Testing of building components for water or air intrusion is not included and is to be provided by the Owner.11 Design Fees or services are not included. Where required in the specifications, the Construction Manager will provide design calculations and information provided by the Trade Contractors to the Architect and Engineer for approval and acceptance of the design.12 The CM does not warrant of guarantee functionality of the design with the Owner's requirements. The CM relies upon the designers to provide and implement the Owner's requirements into the design documents.13 All initial and final survey’s and plats required by the City are by the Owner.14 All electrical costs associated with construction are included.15 All water costs associated with construction are included.16 This GMP is to be reviewed as a whole; not as individual line items.Temporary Construction Cost of Work Items:1 Sales and remodel taxes are excluded.2 This GMP is based upon electronic design document files and models being available to all subcontractors at no additional cost.3 All furnishings, fixtures, and equipment are excluded from this GMP, unless specifically noted in the GMP detail.4 All hazardous or contaminated material and soil testing, remediation, investigation, and abatement is excluded.5 Site is assumed to be free of any contaminates, unencumbered, and ready to begin excavation work.6 Initial design models shall be provided by the design team to Byrne. BIM coordination and clash detection is included for structure and M/E/P during construction for the new building only.7 All costs associated with temporary fencing and gates is included in a phased application. Refer to Byrne Site Logistics Plan for assumptions made.Qualifications & ClarificationsCoppell Service Center Remodel & AdditionGuaranteed Maximum PricePage 1 of 3 Qs & Cs - GMP A CENTURY OF EXCELLENCE551 E. Berry StreetFort Worth, Texas 76110(817) 335-3394Fax (817) 877-5507Date:September 3, 2024Qualifications & ClarificationsCoppell Service Center Remodel & AdditionGuaranteed Maximum PriceGeneral Comments:1 Material and Labor Shortages – If serious or unusual price escalation, or material and/or labor shortages are experienced due to causes beyond the Contractor’s control following the execution of this Contract, and to the extent such escalation and/or shortages increase the cost of construction or cause the Contractor to incur delays to the critical path that cannot be avoided despite the exercise of reasonable professional diligence, Contractor shall provide Owner with notice of such shortages and their potential cost and/or schedule impact and a change order shall issue to adjust the Contract Sum and Contract Time accordingly.2 This project will be phased per direction of the Owner in 3 phases. It is understood that the project will hold 2 substantial completion certificates and warranties associated will begin when Substantial Completion is achieved at the end of each phase. Project retainage will be available for release for the funds associated with Phase 2 once Substantial Completion is achieved.Division 2 - Existing Conditions:1 Demolition is included as shown and specified.Division 3 - Concrete:1 3" sand cushion in included in lieu of 3" granular fill under slab on grade.2 An allowance of $20,000 is included for hot/cold placement of concrete.3 An allowance of $20,000 is included for pier overage.Division 4 - Masonry:1 Included as shown and specified.Division 5 - Metals:1 AISC Certifications of the steel fabricator and erector are excluded, however AISC standards will be followed.Division 6 - Wood, Plastics and Composites:1 AWI Quality Certification Program Labels, Certificates and Registration Fee are excluded.2 Certified wood materials and chain of custody certificates are excluded.Division 7 - Thermal and Moisture Protection:1Aluminum composite panels (ACM) include ACCUMET's dry-joint system, thickness: 4mm FR ACM, full range of colors, framing: 16 ga. galvanized hat sections, trims/flashings: 0.040" aluminum, break metal flashings to match panels.2 Formed wall panels include Pac Clad Flush Panels, profile: flush, gauge: 0.040", panel coverage: 11", colors/finishes: as selected from Manufacturer's full range, trims/flashings: 0.032" flats to match panels.3 Includes aluminum metal decking on canopies by AVAdek.Division 8 - Openings:1 Hollow metal doors and frames are included as manufactured by Ceco, an ASSA Abloy Company.Division 9 - Finishes:1 EIFS includes repairs to be made at the tie-in at the existing building.Division 10 - Specialties:1 Included as shown and specified.Division 11 - Equipment:1 An allowance of $30,000 is included for residential appliances.Page 2 of 3 Qs & Cs - GMP A CENTURY OF EXCELLENCE551 E. Berry StreetFort Worth, Texas 76110(817) 335-3394Fax (817) 877-5507Date:September 3, 2024Qualifications & ClarificationsCoppell Service Center Remodel & AdditionGuaranteed Maximum PriceDivision 12 - Furnishings:1 Window treatments are included as shown and specified.Division 13 - Special Construction: Not ApplicableDivision 14 - Conveying Equipment: Not ApplicableDivision 21 - Fire Suppression:1 Included as shown and specified.Division 22 - Plumbing:1 Included as shown and specified.Division 23 - Heating, Ventilating and Air Conditioning:1 Included as shown and specified.2 Commissioning Agent and Services are included.3 Roof top equipment screening is included.Division 26 - Electrical:1 Included as shown and specified.2 Existing light poles to be salvaged and returned to the Owner at an on-site location.3 Includes lightning protection system.Division 27 - Communications & Audio Visual:1 An allowance of $211,871 is included for data & communications cabling/systems.2 An allowance of $112,893 is included for Audio/Visual Systems.3 An allowance of $42,000 is included for an Emergency Responder Radio Coverage (ERRC) system. This allowance includes $2,000 for testing prior to system design & installation.Division 28 - Electronic Safety and Security:1 An allowance of $154,043 is included for Security & Access Control systems.Division 31 - Earthwork:1 Site demolition and earthwork are included as shown and specified.Division 32 - Exterior Improvements:1 Included as shown and specified.Division 33 - Utilities:1 Included as shown and specified.2 Water meter & tap fees are excluded.Page 3 of 3 Qs & Cs - GMP ISSUE 05/13/2024 City of Coppell Service Center 816 S. Coppell Road. Coppell, Texas Byrne Construction Services 551 E. Berry Fort Worth, TX 76110 Site Logistics Plan Phase 1SL .01 ISSUE 05/13/2024 City of Coppell Service Center 816 S. Coppell Road. Coppell, Texas Byrne Construction Services 551 E. Berry Fort Worth, TX 76110 Site Logistics Plan Phase 1SL .02 ISSUE 05/13/2024 City of Coppell Service Center 816 S. Coppell Road. Coppell, Texas Byrne Construction Services 551 E. Berry Fort Worth, TX 76110 Site Logistics Plan Phase 2SL .03 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7636 File ID: Type: Status: 2024-7636 Agenda Item Agenda Ready 1Version: Reference: In Control: Public Works 09/03/2024File Created: Final Action: Service Center Geotech ContractFile Name: Title: Consider approval of award into contract with Kleinfelder; for the materials testing services associated with the construction of the Service Center Improvements Project; in the amount of $60,475.00; funded with proceeds from the Certificate of Obligation Bonds, Series 2024; and authorizing the City Manager to sign all necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Proposal.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7636 Title Consider approval of award into contract with Kleinfelder; for the materials testing services associated with the construction of the Service Center Improvements Project; in the amount of $60,475.00; funded with proceeds from the Certificate of Obligation Bonds, Series 2024; and authorizing the City Manager to sign all necessary documents. Summary Fiscal Impact: The fiscal impact of this contract approval is $60,475.00 to be funded with proceeds from the Certificate of Obligation Bonds, Series 2024. Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 9/6/2024 Master Continued (2024-7636) Page 2City of Coppell, Texas Printed on 9/6/2024 1 MEMORANDUM To: Mayor and City Council From: Mike Garza, P.E., Director of Public Works Jessica Carpenter, Director of Community Experiences Jamie Brierton, Capital Programs Administrator Date: September 10, 2024 Reference: Consider approval of award to enter into a contract with Kleinfelder; for the materials testing services associated with the construction of the Service Center Improvements Project; in the amount of $60,475.00; funded with proceeds from the Certificate of Obligation Bonds, Series 2024; and authorizing the City Manager to sign all necessary documents. 2040: Sustainable Government Introduction: This agenda item is to consider approval of award to enter into a contract with Kleinfelder; for the materials testing services associated with the construction of the Service Center Improvements Project, in the amount of $60,475.00 funded with bond proceeds, and authorize the City Manager to sign all necessary documents. Background: The best practices protocol is to ensure proper testing of the geotechnical and structural materials utilized and placed during the construction of the Service Center Improvements Project. The work being observed and tested includes earthwork, piers, concrete, masonry, and steel. Kleinfelder is an approved geotechnical engineering and testing firm selected by the city through a qualifications-based selection process. Kleinfelder was selected from the list of approved firms based on their experience and capacity to complete the work. The city negotiated both scope and fee with Kleinfelder to meet the needs of the project. Benefit to the Community: The construction of the Service Center Improvements Project will increase the level of service to the community. Approval of this contract will ensure proper testing of the earthwork and structural elements. 2 Legal Review: The City’s attorney has reviewed the contract. Fiscal Impact: The fiscal impact of this contract approval is $60,475.00 to be funded with proceeds from the Certificate of Obligation Bonds, Series 2024. Recommendation: The Public Works Department and Community Experiences Department recommend approval of this contract. DFW24P171256R1 Page 1 of 5 August 15, 2024 © 2024 Kleinfelder www.kleinfelder.com Revision No. 1: August 20, 2024 7805 Mesquite Bend Drive, Suite 100, Irving, TX 75063 p | 972.868.5900 f | 972.409.0008 August 15, 2024 Revision No. 1: August 20, 2024 Kleinfelder Project No.: DFW24P171256R1 Mrs. Jamie Brierton, PE City of Coppell Engineering and Public Works 816 S. Coppell Road Coppell, Texas 75019 Subject: Proposal for Construction Observation and Materials Testing Services Coppell Service Center Remodel and Addition Coppell, Texas Dear Mrs. Brierton: Kleinfelder is pleased to present this proposal to provide construction materials testing and/or observation services for the proposed Service Center Remodel and Addition project in Coppell, Texas. BACKGROUND AND PROJECT UNDERSTANDING Based on our discussion with you and our interpretation of the project plans, we understand that this project consists of construction of expansion and remodel of the existing service scenter facility to be located at 816 S. Coppell Road in Coppell, TX. For preparation of this proposal, we have received project plans and specifications by Parkhill Architects (date June 21,2024). The building is generally planned to be a structural steel framed facility with reinforced concrete slab-on-grade supported on drilled pier foundations and will include a reinforced concrete storm shelter. The project activities will generally consist of: • Drilled Pier Observation • Observe and proof-roll existing subgrade material • General site grading and backfill of onsite utilities • Reinforced concrete grade beams and floor slabs over void forms • Reinforced concrete sidewalks and paving • Special Inspections of reinforcing steel, welded/bolted connections of steel framing members and reinforced concrete for the proposed Storm Shelter structure • Structural steel framing (welded and bolted connections) DFW24P171256R1 Page 2 of 5 August 15, 2024 © 2024 Kleinfelder www.kleinfelder.com Revision No. 1: August 20, 2024 KLEINFELDER 7805 Mesquite Bend Drive, Suite 100, Irving, TX 75063 p | 972.868.5900 f | 972.409.0008 SCOPE OF SERVICES The following scope of services is based, in part, on project plans and specifications and is limited to providing testing and/or observations for the previously mentioned construction activities. Our services are anticipated to be performed on a part-time basis as scheduled by your designated representatives; however, certain construction activities such as drilled pier operations and/or moisture conditioning of the building pad will require full-time observation and testing. To most effectively serve the client and facilitate the construction process, our services should be scheduled 24-hour in advance. We understand that the construction process incorporates a large degree of variability and as such, we will do our best to accommodate scheduling calls made on the same day as our services are needed but we cannot guarantee that we can satisfy service requests made on the same day as the services are needed to be performed. Earthwork Perform earthwork (soils) observation and testing services including: • Obtain field samples and perform laboratory moisture/density relations tests (standard Proctor- ASTM D698) and soil classification tests (liquid limit, plastic limit and percent finer than no. 200 sieve analysis) for each soil type encountered during the construction process (native soils, proposed fill soils and lime-treated materials). • Perform in-place nuclear moisture/density tests at the proposed rate of 1/2,500 square feet of fill placed for building pad and general site fill and 1 per 100 LF of utility backfill or a minimum of 3 tests per lift per day, unless otherwise directed by the client. • Fill/backfill operations will be tested on a periodic basis as completed by the contractor. Pier Observation Perform field testing and observation services during installation of drilled shaft foundations. These services will include: • Observe and document drilling operations on a full-time basis • Observe placement of grout and perform sampling/testing as specified • Cast cylinders compression specimens at a frequency of one set for every placement date or one set every 100 cubic yards of concrete 4x8 cylinders or fraction thereof placed per day through additional samples can be cast if approved by the client. • Concrete compressive strength tests will be performed on sample 4x8 cylinders with one tested at 7 days, three tested at 28 days and one remaining cylinder will be serve as a hold • Assume trips on the following day to retrieve compression samples, unless Kleinfelder personnel are already scheduled for onsite activities Cast-In-Place Concrete Perform field testing and observation services during concrete placement events for the following elements: grade beams, walls, floor slabs, site paving and flatwork. Concrete field testing and observation services will include: • Observe and document reinforcing steel placement within grade beams, walls and floor slabs • Observe and document installation of adhesive and mechanical anchors installed in concrete and masonry elements, as required by specifications or requested by client DFW24P171256R1 Page 3 of 5 August 15, 2024 © 2024 Kleinfelder www.kleinfelder.com Revision No. 1: August 20, 2024 KLEINFELDER 7805 Mesquite Bend Drive, Suite 100, Irving, TX 75063 p | 972.868.5900 f | 972.409.0008 • Sample concrete and record ambient air and concrete temperature measurements • Measurement of slump and total air content • Cast concrete sample cylinder sets at a frequency of one set for every 100 cubic yards of concrete or fraction thereof placed per day for each type of concrete placed. A concrete sample set will consist of 5 sample cylinders, though additional samples can be cast if approved by the client. Each sample cylinder will be approximately 4 inches in diameter by 8 inches high. As an alternative, 6-inch diameter by 12 inches high sample cylinders may be utilized if required by the project requirements or if requested by the client. • Concrete compressive strength tests will be performed on sample cylinders with one tested at 7 days and three tested at 28 days. The remaining cylinder will serve as a “hold” specimen if additional testing is required or if the 28-day design strength is not met. • Additional cylinders may be cast for early-age testing, if requested and approved by the owner; however, they have not been included in this proposal estimate. • Contractor is responsible for providing means of onsite secure, proper storage of concrete samples. • Assume separate trips for retrieval of concrete cylinder samples on the day following concrete placement, unless Kleinfelder personnel are already scheduled to be onsite for other activities. Structural Steel Observation of structural steel framing, which will include: • Verify approved Welder Performance Qualification records and approved Welding Procedure Specifications applicable to the project elements • Perform visual observations of field welded and bolted structural steel connections, according to current AWS Structural Welding Code; observations provided on a periodic basis • Perform Ultrasonic Testing of full-penetration moment welded connections; observations/testing provided for 100% of welds, or as required by client • Perform periodic inspections of during fabrication of structural steel; assume up to 2 visits to the fabrication shop for inspections Masonry Observation of masonry operations, which will include: • Periodic observation of reinforcing steel placement and CMU spaces to be grouted prior to grouting operations • Periodic observation and documentation of mortar/grout mixing procedures • Ambient and mortar/grout temperature determinations • Sample CMU grout and cast grout compressive strength specimens at the proposed rate of 1 set of 4 specimens per 5,000 square feet of wall, or as directed by client • Compressive strength determination of grout samples with 1 tested at 7 days, and 2 tested at 28 days and 1 retained as a “hold” specimen, for additional testing as needed • Sample masonry mortar and cast compressive strength specimens at the proposed rate of 1 set of 6 specimens per 5,000 square feet of wall, or as directed by client • Compressive strength determination of mortar samples with 3 tested at 7 days, and 3 tested at 28 days DFW24P171256R1 Page 4 of 5 August 15, 2024 © 2024 Kleinfelder www.kleinfelder.com Revision No. 1: August 20, 2024 KLEINFELDER 7805 Mesquite Bend Drive, Suite 100, Irving, TX 75063 p | 972.868.5900 f | 972.409.0008 • Assume periodic trips for sampling/testing of CMU mortar and grout materials • Obtain samples of composite CMU masonry prisms for compressive strength testing, to be prepared by the masonry contractor. Samples are intended to represent construction of the structural masonry walls and will consist of proposed CMU blocks constructed with grout and mortar joints. • Anticipate 1 set of 3 masonry prisms prior to masonry wall construction, and additional sets at a frequency of 3 per 5,000 SF of wall, or as requested by the client. Project Administration, Dispatching, and Reporting Kleinfelder’s office staff, including administrators and supervisory technicians will assist in the management of the project as follows: • Coordinate field and laboratory services with the client or their designated representative and dispatch our field staff as scheduled. • Process, finalize, and distribute all field and laboratory test reports. Project Management & Construction Meeting Attendance A project manager from our office will manage this project and attend meetings as follows: • Manage the project operation and services delivery, review and finalize field and laboratory reports, and coordinate with the client and contractor(s) throughout the duration of the project. • Attend pre-construction or pre-activity meetings, as requested by client. • Attend project meetings as requested for the duration of the project. • Provide general material engineering consultation as requested. Additional Services Additional observation or testing services (including stand-by time for contractor delays) not identified above may become necessary over the course of any given project. Kleinfelder can provide other services not listed above if these services are desired, following our receipt of appropriate authorization. COMPENSATION We have estimated a budget of $60,475.00 for the proposed scope of work for this project. If project costs approach this amount, we will contact you for approval to increase the budget. The invoicing for this project will use the actual quantity of services and the attached Schedule of Fees. This amount will not be exceeded without prior approval. City of Coppell and Kleinfelder may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensation. Technician time for field services will be billed portal-to-portal in hourly increments following the minimum 1 hour. Overtime rates will apply to services provided before 7 AM and after 5 PM. Kleinfelder will communicate when the fees for services have reach 80% of the above value. Services provided by Kleinfelder will be consistent with the engineering standards prevailing at the time and in the area that the work is performed; no other warranty, express or implied, is intended. DFW24P171256R1 Page 5 of 5 August 15, 2024 © 2024 Kleinfelder www.kleinfelder.com Revision No. 1: August 20, 2024 KLEINFELDER 7805 Mesquite Bend Drive, Suite 100, Irving, TX 75063 p | 972.868.5900 f | 972.409.0008 LIMITATIONS Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder’s profession practicing in the same locality, under similar conditions and at the date the services are provided. Our conclusions, opinions and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. Even with diligent monitoring, construction defects may occur. In all cases the contractor is solely responsible for the direction and the quality of the work, adherence to plans and specifications, and repair of defects. This proposal is valid for a period of 45 days from the date of this proposal, unless a longer period is specifically required by the RFP in which case that time frame will apply. This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without Kleinfelder’s express permission. TERMS OF ENGAGEMENT Services will be provided in accordance with the existing Master Services Agreement between Kleinfelder and the City of Coppell (dated August 2, 2021). Please indicate your approval of the proposal by signing and returning the attached Work Order and returning to our office. A fully executed copy will be returned to you. Any modifications of the attached language must be accepted by both parties and may result in an increase in scope and compensation. Acceptance of the proposal indicates the City of Coppell’s review and understanding of the scope of services, budget and terms. * * * We appreciate the opportunity to provide you with this proposal and look forward to working with you on this project. If you have any questions or wish to discuss, please contact Joel Peters at 214.876.5559 or jdpeters@kleinfelder.com. You can also reach us at the office at 972.868.5900. Sincerely, KLEINFELDER, INC. Texas Registered Engineering Firm F-16438 Timothy Pickens Joel D. Peters, PE Supervisory Technician Senior Project Manager Attachment: Fee Schedule Work Order Basis of Charges A.Earthwork Observation and Testing Field Technician 75.00 hourly $65.00 $4,875.00 Field Technician (OT)hourly $97.50 $0.00 Nuclear Density Gauge (per day)20.00 each $75.00 $1,500.00 Standard Proctor, 4" 3.00 each $260.00 $780.00 Atterberg Limits 3.00 each $115.00 $345.00 Sieve Analysis ‐200 3.00 each $80.00 $240.00 Lime Series 1.00 each $215.00 $215.00 Trip Charge 20.00 trip $30.00 $600.00 Subtotal: $8,555.00 B. Pier Observation Field Technician 100.00 hourly $80.00 $8,000.00 Field Technician (OT)hourly $120.00 $0.00 Concrete Cylinders 15.00 each $23.00 $345.00 Vehicle Charge 15.00 trip $30.00 $450.00 Subtotal: $8,795.00 C.Concrete/Masonry, Reinforcing Steel Observation and Testing Field Technician 200.00 hourly $65.00 $13,000.00 Field Technician (OT)hourly $97.50 $0.00 Concrete Cylinders 200.00 each $25.00 $5,000.00 Masonry Mortar Compression 15.00 each $40.00 $600.00 Masonry Grout Compression 15.00 each $40.00 $600.00 Trip Charge 40.00 trip $30.00 $1,200.00 Subtotal: $20,400.00 D.Structural Steel Observation and Testing Structural Steel Technician, CWI Estimated $11,000.00 Subtotal: $11,000.00 E.Project Management, Administration and Final Reporting Project Manager 30.00 hourly $175.00 $5,250.00 Senior Geotechnical Engineer 5.00 hourly $265.00 $1,325.00 Dispatch / Field Coordination 30.00 hourly $90.00 $2,700.00 Administration / Clerical 35.00 hourly $70.00 $2,450.00 Subtotal: $11,725.00 Budget Total:$60,475.00 Notes & Assumptions •Overtime rates will be charged at 1.5 times standard hourly rate, and apply to hours worked before 7 AM and after 5 PM. • A minimum one (1) hour is applied for field services. •All vehicle charges account for a roundtrip originating at Kleinfelder's Irving, Texas office to the project site. •Additions or deletions to this work scope (estimated quantities) will be adjusted based on the established unit prices shown. This total estimate will not be exceeded without prior written approval of the client. CITY OF COPPELL ‐ Coppell Service Center Remodel and Addition PROJECT ESTIMATE AND SCHEDULE OF FEES CONSTRUCTION MATERIALS ENGINEERING AND TESTING SERVICES SERVICES Qty. UNIT RATE TOTAL Cost+10% DFW24P171256 © 2024 Kleinfelder August 15, 2024 Client Master Services Agreement – Work Order (USA) July 2014 WORK ORDER Issued Pursuant to The Client Master Services Agreement effective as of August 2, 2021 by and between City of Coppell (Client) and Kleinfelder, Inc. (Kleinfelder). Client Name: City of Coppell Kleinfelder Project No: TBD Project Name: Coppell Service Center Remodel and Addition Work Order Type: (Check One) Time-and-Materials Fixed-Price Kleinfelder Office: Dallas, Texas Subcontractor Reference No: TBD Kleinfelder Contact Name: Joel Duin, PE 1. SCOPE OF WORK: See Proposal DFW24P171256 (Continue on additional page, if needed) 2. LOCATION/CLIENT FACILITY INVOLVED: Coppell, Texas 3. PERIOD OF PERFORMANCE: See Proposal DFW24P171256 4. AUTHORIZED FUNDING: $60,475 5. SPECIAL PROVISIONS: See Proposal DFW24P171256 NOTICE TO PROCEED IS GIVEN ON (DATE): CLIENT: KLEINFELDER: By: ___________________________________ By: ___________________________________ Printed Name: Printed Name: Title: Title: Address: Address: DFW24P171256 Page 1 of 1 __________Kleinfelder © 2024 Kleinfelder __________ Client BASIS OF CHARGES 1.Listed herein are typical prices for services most frequently performed by Kleinfelder. Prices for other services provided by the firm or other services not listed will be given upon request, as well as special quotations for programs involving volume work. 2.Invoices will be issued on a periodic basis, or upon completion of a project, whichever is sooner. The net cash amount of this invoice is payable on presentation of the invoice. If not paid within 30 days after the date of the invoice, the unpaid balance shall be subject to a FINANCE CHARGE of 1.5% per month, which is an ANNUAL PERCENTAGE RATE of 18%. 3.A two-hour minimum charge will be made for all field services. Technical professional time for field services is billed portal-to-portal, in hourly increments following the minimum 2 hours. 4.Hours worked before 7 a.m. / after 5 p.m. Monday through Friday and time worked in excess of 8 hours per day will be charged at 1.5 times the hourly rate. Additionally, weekend (Saturday and Sunday) and holiday work will be charged at 1.5 times the hourly rate. 5.Per Diem will be charged at a rate of $127 per day per person or expenses plus 15%, whichever is greater. Travel by vehicle will be charged at $0.65 per mile plus personnel time. Per Diem and travel will be charged for all projects in excess of 50 miles from the local Kleinfelder office. Travel expenses, such as airfare, will be charged at cost plus 15%. 6.Outside services will include a 15% markup unless otherwise noted. 7.We are protected by Worker's Compensation Insurance (and/or Employer's Liability Insurance), and by Public Liability Insurance for bodily injury and property damage and will furnish certificates thereof upon request. We assume the risk of damage to our own supplies and equipment. If your contract or purchase order places greater responsibilities upon us or requires further insurance coverage, we, specifically directed by you, will take out additional insurance (if procurable) to protect us at your expense, but we shall not be responsible for property damage from any cause, including fire and explosion, beyond the amounts of coverage of our insurance. 8.The attached schedule of fees will be valid for one calendar year. Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7635 File ID: Type: Status: 2024-7635 Agenda Item Agenda Ready 1Version: Reference: In Control: Public Works 09/03/2024File Created: Final Action: Service Center Construction ManagementFile Name: Title: Consider approval of an Amendment to the Master Agreement with Gallagher Construction Services; for the construction management of the Service Center Improvements Project; in the amount of $409,412.00; funded with proceeds from the Certificate of Obligation Bonds, Series 2024; and authorizing the City Manager to sign all necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Proposal.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7635 Title Consider approval of an Amendment to the Master Agreement with Gallagher Construction Services; for the construction management of the Service Center Improvements Project; in the amount of $409,412.00; funded with proceeds from the Certificate of Obligation Bonds, Series 2024; and authorizing the City Manager to sign all necessary documents. Summary Fiscal Impact: The fiscal impact of this Agenda Item is $409,412.00; funded with proceeds from the Certificate of Obligation Bonds, Series 2024. Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 9/6/2024 Master Continued (2024-7635) Page 2City of Coppell, Texas Printed on 9/6/2024 1 MEMORANDUM To: Mayor and City Council From: Mike Garza, P.E., Director of Public Works Jessica Carpenter, Director of Community Experiences Jamie Brierton, Capital Programs Administrator Date: September 10, 2024 Reference: Consider approval of an Amendment to the Master Agreement with Gallagher Construction Services, for the construction management of the Service Center Improvements Project, in the amount of $409,412.00; from funded with proceeds from the Certificate of Obligation Bonds, Series 2024; and authorizing the City Manager to sign all necessary documents. 2040: Sustainable Government Introduction: This item is presented to consider approval of an amendment to the master agreement with Gallagher Construction Services, for the construction management of the Service Center Improvements Project in the amount of $409,412.00, funded with bond proceeds, and authorize the City Manager to sign all necessary documents. Background:   Gallagher Construction Services has a Master Agreement with the City of Coppell. Each new facility construction project requires a separate contract amendment to be executed. The Service Center Improvements project is designed and the award of the Guaranteed Maximum Price for construction is a companion item on this agenda. It is advantageous to the project to include program and construction management and owner’s representation as part of the Construction Manager at Risk form of project delivery. Gallagher’s scope also includes field visits and oversight during construction as well as pricing review, schedule management, progress review and owner’s representation. Gallagher has assisted the city with successful completion of numerous past projects, including Fire Station 4 and the Coppell Arts Center. Benefit to the Community:     The construction of the Service Center Improvements Project will improve the level of service to the community by providing appropriate space for staff to work. Approval of this contract will significantly increase the likelihood of successful project delivery.    2 Legal Review:     This is an amendment to a Master Services Agreement, that was previously reviewed by the City Attorney.      Fiscal Impact:     The fiscal impact of this Agenda Item is $409,412.00; funded with proceeds from the Certificate of Obligation Bonds, Series 2024. Recommendation:     The Public Works Department and Community Experiences Department recommend approval of this amendment. FOURTH AMENDMENT TO MASTER AGREEMENT FOR PROGRAM MANAGEMENT SERVICES, PAGE 1 FOURTH AMENDMENT TO MASTER AGREEMENT FOR PROGRAM MANAGEMENT SERVICES BETWEEN CITY OF COPPELL AND GALLAGHER CONSTRUCTION COMPANY, LP Date: September 10, 2024 Project: City of Coppell Service Center Owner: City of Coppell 255 Parkway Blvd. Coppell, TX 75019 Program Manager: Gallagher Construction Company, LP 3501 Token Dr., Suite 100 Richardson, TX 75082 Architect: Parkhill 3000 Internet Blvd., Suite 500 Frisco, Texas 75034 This Fourth Amendment to Master Agreement for Program Management Services is made and entered into as of the date first entered above by and between City of Coppell (hereinafter referred to as “Owner”) and Gallagher Construction Company, LP (hereinafter referred to as “Program Manger”), and amends that agreement between Owner and Program Manger entered into for the above referenced Project. WHEREAS, Owner and Program Manager entered into that certain agreement for services related to the above referenced Project (“Agreement”), said Agreement consisting of Master Agreement and WHEREAS, the parties desire to amend the Agreement as set forth herein; NOW, THEREFORE, FOR AND IN CONSIDERATION of the terms hereinafter established, Owner and Program Manager hereby agree to the following amendments to the Contract: Add Exhibit A4 Fee Schedule – Service Center Refer to Attachment Service Center Budget - $11,697,492 Design Phase – Complete Bid Phase – Complete Construction Phase – 14 months Program Management Fee: $409,412 FOURTH AMENDMENT TO MASTER AGREEMENT FOR PROGRAM MANAGEMENT SERVICES, PAGE 2 OWNER: CITY OF COPPELL IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates indicated below. EXECUTED this _________ day of ____________________, 2024. CITY OF COPPELL, TEXAS By: __________________________________ Program Manager: GALLAGHER CONSTRUCTION COMPANY, LP EXECUTED this __________ day of ________________, 2024. GALLAGHER CONSTRUCTION COMPANY, LP By: ___________________________________ Jeff Fisher, President Exhibit A-4 City of Coppell Fee Schedule Program Management 2024-2025 Service Center 8/23/2024 Project Fee Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25 Apr-25 May-25 Jun-25 Jul-25 Aug-25 Sep-25 Oct-25 Nov-25 Fire Station $5 409,412$ 29,243$ 29,243$ 29,243$ 29,243$ 29,243$ 29,243$ 29,243$ 29,243$ 29,243$ 29,243$ 29,243$ 29,243$ 29,243$ 29,253$ 2024 2025