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Verizon-AG 981013AGENDA REQUEST FORM CITY COUNCIL MRETING: 1998 ITEM # ITEM CAPTION: Consider approval of an Economic Development Incentive Agreement between the City of Coppell and GTE, and authorizing the Mayor to sis~. TITI~4~_~ity_IVI ~a~/ STAFF RECO : APPROVAL APP¢OVED STAFF COMMENTS: This item is the first of two agreements resulting from the resolution Council passed in support of the GTE development. The resolution was passed on July 20, 1998. The agreement is an economic development incentive agreement in which GTE agrees to build and occupy two 250,000 square foot buildings each, with approximately 1,000 employees. The agreement stipulates that tho City of Coppell will waive certain development fees, provided GTE *umtuq4tins occupancy of the facility with the required employee threshold being met for a minimum of ton years. In addition, the agreement contains remedies for the City of Coppell should GTE hil to maintain tho property as required by the agreement. The second agreement, a tax abatement agreement, will come forward following its presentation to the Economic Development Partnership. St~ff is recommonding approval of this economic development incentive agreement as it will enable staff to issue building permits to allow the project to begin construction. BUDGET AMT. $ FINANCIAL COMMENTS:~ DIR. INITIALS: Agenda Reque~ Form AMT. EST. $ +/- BUI~.$ FIN. REVIEW:<!~ CITY ~L~IqA. GER Document Name: STATE OF TEXAS COUNTY OF DAI.I~s,S ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT This Economic Development Incentive Agreement ("AGREEMENT") is made by and between the City of Coppell, Texas ("CITY"), and GTE Realty Corporation ("GTE"), acting by and through their respective authorized officers. WITNESSETlt: WltEREAS, the enhancement of the local economy is. in the best interest of the citizens of the CITY; and WltF~REAS, economic development incentives encourage businesses and companies to locate or expand operations in the CITY; and WltEREAS, the CITY has adopted programs for promoting economic development incentives; and WHEREAS, the CITY is authorized pursuant to Section 380, Texas Local Government Code to provide economic development incentives; and WHEREAS, GTE owns or is under contract to purchase approximately twenty-four (24) acres of land located on the southeast side of State Highway 121 between Corporate Park Boulevard and Copper Road in Coppell, Texas described in Exhibit "A" attached hereto (the "PREMISES"); and. WHEREAS, GTE intends to construct on the PREMISES two (2) five-story office buildings Building "A" and Building "B" of approximately 249,000 square feet each and associated parking (the "IMPROVEMENTS"); and WHEREAS, GTE holds or will hold an option to purchase approximately ten (10) acres of land to the east and adjacent to the PREMISES for future development of a Phase II project; and WHEREAS, GTE intends to occupy the IMPROVEMENTS and continuously operate, maintain and use the PREMISES as an office building for a period of at least ten (10) consecutive years commencing on the date the last certificate of occupancy is issued for the IMPROVEMENTS; and WltEREAS, GTE intends to create and fill at least two thousand (2,000) employment positions at the IMPROVEMENTS and to maintain and fill the same number of employment Economic Development Incentive Agreement - Page 1 s819822 positions each year at the IMPROVEMENTS for a period of at least ten (10) consecutive years commencing on the last date a certificate of occupancy is issued for the IMPROVEMENTS; and WHEREAS, GTE has advised the CITY that a contributing factor that would induce GTE to construct the IMPROVEMENTS and for GTE to purchase, occupy and continuously operate the IMPROVEMENTS as an office building would be an agreement by the CITY to provide an economic development incentive to GTE to defray a portion of the cost to be incurred as a consequence of developing the IMPROVEMENTS and locating within the CITY; and WHEREAS, the taxable value of Building "A" to be constructed on the PREMISES will be no less than Nineteen Million Dollars ($19,000,000) excluding the land as of January 1 of the year immediately following the issuance of a certificate of occupancy for the building and as of January 1 of each year therea~er for a period of four (4) consecutive years; and WHEREAS, the taxable value of Building "B" to be constructed on the PREMISES will be no less than N'meteen Million Dollars ($19,000,000) excluding the land as of January 1 of the year immediately following the issuance of a certificate of occupancy for the building and as of January 1 of each year thereai~er for a period of four (4) consecutive years; and WHEREAS, GTE intends to locate and maintain tangible personal property (excluding inventory and supplies) in each building (Building "A" and Building "B") on the PREMISES with a taxable value of at least Eight Million Dollars ($8,000,000) as of January I of the year immediately following the issuance of a certificate of occupancy for the respective Building, and as of January 1 of each year therea~er for a period of four (4) consecutive years; and WHEREAS, the CITY has found and determined that making a conditional economic development incentive grant to GTE in accordance with this AGREEMENT will further the objectives of the CITY and will benefit the CITY and its inhabitants. NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions hereinafter set forth and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE I Tel-m 1. This AGREEMENT shall commence on the date on which all parties hereto have executed this AGREEMENT and continue for a period often (10) years following the issuance of the last certificate of occupancy for the IMPROVEMENTS. Economic Development Incentive Agreement - Page 2 ss~9822 ARTICLE H Economic Development Grant 2. Subject to GTE's continued satisfaction of all the terms and conditions of this AGREEMENT, CITY agrees to provide the following economic development grant: CITY agrees to the extent allowed by law to accelerate the approval process for development of the PREMISES and the IMPROVEMENTS. CITY agrees pursuant to a separate tax abatement agreement to provide a tax abatement of fifty (50%) percent of the added value to the real property constituting the PREMISES and fifty (50%) percent of the value of the tangible personal property, excluding inventory, to be added to the PREMISES. CITY agrees to cooperate with GTE for the installation of a traffic signal at the intersection of State Highway 121 service road and Coppell Road, and/or at the intersection of State Highway 121 service road and Corporate Drive. CITY agrees subject to events of "Force Majeure," to accelerate the planned improvement of CoppeH ROad by convening Coppell Road from a two lane asphalt road to a two lane concrete curb and guttered street including off-site various facilities as may be required to eliminate any need for on-site storm water detention for the PREMISES, to be completed on or before December 31, 1999 in accordance with the plans and specifications set forth in Exhibit "B" attached hereto. CITY agrees to provide GTE a credit against or otherwise waive current and future roadway impact fees and water/wastewater impact fees to be assessed against the PREMISES as a result of the development described herein, which are in excess of Twenty Thousand Dollars ($20,000) for the PREMISES. The parties agree that the CITY shall not be required to pay a refund in cash or cash equivalent for any portion of such credit or waiver to GTE or any other party. Conditions to Economic Development Grant 3. GTE shah construct or cause to be constructed on the PREMISES, two (2) five- story office buildings, Building "A" and Building "B", of approximately 249,000 square feet each (and other ancillary facilities such as reasonably requked parking and landscaping more fully described in submittals filed by GTE with the CITY from time to time in order to obtain a building permit) (the "IMPROVEMENTS"). The cost of Building "A" shall be at least Nineteen Million Dollars ($19,000,000). The cost of Building "B" shall be at least Nineteen Million Dollars ($19,000,000). The approximate location of such IMPROVEMENTS would be shown on a site Economic Development Incentive Agreement - Page 3 ss19822 plan of the PREMISES to be submitted to the CITY. The TAXABLE VALUE of Building "A", excluding land, shall be no less than Nineteen Million Dollars ($19,000,000) as of January 1 of the year immediately following the issuance of a certificate of occupancy for the building and as of January 1 each year thereat~er for a period of four (4) consecutive years. The TAXABLE VALUE of Building "B", excluding land, shall be no less than Nineteen Million Dollars ($19,000,000) as of January 1 of the year immediately following the issuance of a certificate of occupancy for the building and as of January 1 each year thereaRer for a period of four (4) consecutive years. Building "A" must be completed on or before October 31, 1999, and Building "B" must be completed on or before December 31, 2000, in accordance with all applicable state and local laws, codes, and regulations, (or value waiver thereof) provided however GTE shall have such additional time to complete and maintain the IMPROVEMENTS as may be required in the event of "Force Majuere," if GTE is diligent and faithfully pursuing completion of the IMPROVEMENTS. For this purpose, "Force Majuere" shall mean any contingency, or cause beyond the reasonable control of GTE, including, without limitation, acts of God or public enemy, war, riot, civic commotion, insurrection, adverse weather, government or defacto governmental action (unless caused by acts or omissions of GTE), fires, explosions, or floods, strikes, slow down or work stoppages. 4. GTE or an a~ate of GTE shall locate and maintain tangible personal property, excluding inventory, in each building (Building "A" and Building "B") on the PREMISES with a taxable value of at least Eight Million Dollars ($8,000,000) as of January 1 of the year immediately following the issuance of a certificate of occupancy for the respective building and as of January 1 of each year thereafter for a period of four (4) consecutive years. 5. GTE or an affaliate of GTE shall occupy the PREMISES and continuously operate, maintain and use the I~REMISES as an off, ce building for a period of at least ten (10) consecutive years commencing on the date a certificate of occupancy is issued for the IMPROVEMENTS. 6. GTE or an aifdiate of GTE shall create and fill at least one thousand (1,000) employment positions at Building "A" and will maintain and fill the same number of employment positions at Building "A" each year thereafter for a period of at least ten (10) consecutive years commencing on or before December 31 of the calendar year immediately following the issuance of a certificate of occupancy for Building "A". GTE or an atYaliate of GTE shall create and fill at least one thousand (1,000) employment positions at Building "B" and will maintain and fill the same number of employment positions at Building "B" each year thereafter for a period of at least ten (10) consecutive years commencing on or before December 31 of the calendar year immediately following the issuance of a certificate of occupancy for Building "B". Failure of GTE to employ and maintain employment in accordance with the terms of this AGREEMENT shall be considered, an event of default under this AGREEMENT. In the event of a voluntary or involuntary termination of an employee, which termination causes the number of employees to fall below the number required pursuant to this AGREEMENT, GTE shall not be in default of this AGREEMENT provided however the required number of employees is re-established within Economic Development Incentive Agreement - Page 4 sslgg22 sixty (60) days of termination. Two (2) or more part-time employees totaling thirty hours or more per week may substituted for one full-time employee. To receive credit for an employee, the employee must be retained for a period of not less than forty-five (45) consecutive days, provided, however, the failure of a replacement employee to remain employed for such forty-five (45) day period shall not result in a failure of GTE to re-establish the required number of employees, as provided above. GTE shall supply to the CITY copies of all quarterly Texas Employment Commission Employment Reports and such other information as may be requested by the CITY which document compliance with these employment provisions. ARTICLE III Termination 7. In the event GTE fails to meet any of the conditions of this AGREEMENT, then CITY shall give GTE written notice of such failure, and if GTE has not cured such failure within thirty (30) days at, er receipt of such written notice, this AGREEMENT subject to the provisions of Paragraph 8 below, may be terminated by the CITY without further notice. Recapture of Grant 8. In the event GTE fails in the performance of any of the following conditions: (i) completion of the IMPROVEMENTS in accordance with this AGREEMENT or in accordance with applicable State or local laws, code or regulations; Cfi) has any delinquent ad valorem or State sales taxes owed to the CITY (provided GTE retains the right to timely and properly protest such taxes or assessment); Ctii) upon the occurrence of an '*Event of Bankruptcy or Insolvency"; or (iv) breaches any of the terms and conditions of this AGREEMENT, then CITY, at~er the expkation of the notice and cure periods provided above, shall be in default of this AGREEMENT. For purposes hereof; an "Event of Bankruptcy or Insolvency" shall mean the dissolution or termination of GTE's existence, insolvency, appointment of receiver for any part of GTE's property and such appointment is not terminated within sixty (60) days at, er such appointment is initially made, any general assignment for the benefit of creditors or the commencement of any proceedings under any bankruptcy or insolvency laws by or against GTE and such proceedings are not dismissed within sixty (60) days after the filing thereof. As liquidated damages in the event of such default, GTE shall, within thirty (:30) days after demand, pay to the CITY an amount equal to the total economic development incentive grant provided by the CITY to GTE consisting of the total cost of construction of Coppell Road from State Highway 121 to Corporate Park incurred by the CITY and the total dollar amount of credit/waiver of roadway and water/wastewater impact fees [in excess of Twenty Thousand Dollars ($20,000)] applied to the PREMISES; provided however if GTE is not in default or otherwise breached this AGREEMENT with respect to Building "A", but is in default or has breached the AGREEMENT with respect to Building "B", the liquidated damages shah be in an amount equal to fifty percent (50%) of the cost of construction of Coppell Road from State Highway 121 to Corporate Park incurred by Economic Development Incentive Agreement - Page 5 ss~gs:2 the CITY and the total amount of credit/waiver of roadway and water/wastewater impact fees in excess of Twenty Thousand Dollars ($20,000) applicable to Building "B". The parties acknowledge that actual damages in the event of&fault would be speculative and difficult to determine. ARTICLE V MISCELLANEOUS No Conflicts of Interest 9. The CITY represents and warrants that the PREMISES or any adjacent property upon which the IMPROVEMENTS is to be located is not owned by any officer or employee of the CITY. Binding Agreement 10. The terms and conditions of this AGREEMENT are binding upon the successors and assigns of aH parties hereto. This AGREEMENT may not be assigned without the express written consent of CITY, except to an affiliate of GTE for which consent shall not be required. Limitation on Liability 11. It is understood and agreed between the parties that GTE, in the development of the IMPROVEMENTS and satisfying the conditions of this AGREEMENT, is acting independently, and the ~ assumes no responsibilities or liabilities to third parties in connection with these actions. GTE agrees to indemnify and hold harmless the CITY fi.om all such claims, suits, and causes of actions, liabilities and expenses, including reasonable attorney's fees, of any nature whatsoever arising out of its respective obligations (but not the obligations of the CITY or other party) under this AGREEMENT. 12. It is aclcnowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create any partnership or joint venture among the parties. The CITY, past, present and future officers, elected officials, employees and agents of the CITY do not assume any responsibilities or liabilities to any third party in connection with the development of the IMPROVEMENTS or the design, construction or operation of the IMPROVEMENTS. In addition, GTE acknowledges and agrees that there shall be no recourse to any of the aforesaid parties, who shall incur no liability in respect of any claims based upon or relating to this AGREEMENT. Authorization 13. This AGREEMENT was authorized by City Councik authorizing the undersigned to execute this AGREEMENT on behalf of the CITY. Economic Development Incentive Agreement - Page 6 ss19822 14. GTE represents that it has full capacity and authority to grant all fights and assume all obligations that it has granted and assumed under this AGREEMENT. Notice 15. All notices required by this AGREEMENT shall be addressed to the following, or other such party or address as either party designates in writing, by certified mail, postage prepaid or by hand-delivery: If intended for GTE, to: Attn: Ronald Kulpinski, President GTE Realty Corporation 5221 N. O'Connor Blvd. Suite 290 HQL 02A13 Irving, Texas 75039 Ii'intended for CITY, to: City of Coppeli, Texas Ann: City Manager 255 Parkway Boulevard P.O. Box 478 Coppell, Texas 75019 Entire Agreement 16. This AGREEMENT is the entire AGREEMENT between the parties with respect to the subject matter covered in this AGREEMENT other than the Tax Abatement Agreement. There is no other collateral oral or written AGREEMENT between the parties that in any manner relates to the subject matter of this AGREEMENT, except as provided in the Exhibits attached hereto. Governing Law 17. The validity of the AGREEMENT and any of its terms and provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action concerning this AGREEMENT shall be in the State District Court of Dallas County, Texas. Amendment 18. This AGREEMENT may be mended by the mutual written agreement of the parties. Economic Development Incentive Agreement - Page 7 ss~gs22 Legal Construction 19. In the event any one or more of the provisions contained in the AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and the AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 20. The provisions of this AGREEMENT are hereby declared covenants running with the PREMISES and are fully binding on all successors, heirs, and assigns of GTE who acquires any right, title, or interest in or to the PREMISES or any part thereof. Any person who acquires any right, title, or interest in or to the PREMISES, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this AGREEMENT with respect to the right, title or interest in such PREMISES. Recordation of Agreement 21. A certified copy of this AGREEMENT shall be recorded in the Deed Records of Dallas County, Texas. Recitals 22. The recitals to this AGREEMENT are incorporated herein. EXECUTEO on this ~ day of ~d~¢f , 1998. ATTEST: CITY OF COPPELL, TEXAS KATHI.F. FN ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMITH, CITY ATTORNEY Economic Development Incentive Agreement - Page EXECUTED on this (O~' dayof 0 cJVe)~)~C ,1998. GTE~ :"~ co~o~ //~ Economic Development Incentive Agreement - Page 9 ss~gg22 GTE'S ACKNOWLEDGME~NT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the /a~~' day of C.~©~_~% 19~_~,? by Ronald Kulpinski, President of GTE Realty Corporation, on behalf of said corporation. My Commission expires: / Notary Public, State of Texas Economic Development Incentive Agreement - Page 10 ss~9822 CITY'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the/.-~ day of t~C '?~ge'/- , 19 ~ by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. Notary Public, State of Texas Economic Development Incentive Agreement - Page EXHIBIT "A" DESCRIPTION OF PREMISES BEING a 23.4418 acre tract of land out of the T.W. Cousy Survey Abstract No. 317, and including part of Phase I, Block ]I, of One Twenty One Business Park as recorded in Volume 81094, Page 2568, Map Records, Dallas County, Texas and being more particularly described as follows: BEGINNING at a 5/8" iron rod set for comer in the easterly line of State Highway 121 (variable width R.O.W.) and the north line of Corporate Park Boulevard (60' R.O.W.), and said comer also being the southwest comer of said Phase I, Block II; THENCE N44°12'00"E, along said easterly right-of-way and leaving the north right-of-way of said Corporate Park Boulevard, a distance of 752.03 feet to a 5/8" iron rod set for corner; THENCE N49°40'49"E, a distance of 339.48 feet to a 5/8" iron rod set for comer in the south line of Coppell Road (variable width R.O.W.); THENCE S89°55'53"E, with said south line, a distance of 79.33 feet to a 5/8" iron rod set for corner in the south line of Coppell Road; THENCE S88°35'00"E, along the centerline of Coppell Road, a distance of 979.25 feet to a 5/8" iron rod set for comer; THENCE S 01025'00'' W, departing said centerline, a distance of 110.37 feet to a 5/8" iron rod set for corner; THENCE S 46°34'16'' W, a distance of 968.04 feet to a 5/8" iron rod set for corner; THENCE S01°33'45"W, a distance of 93.33 feet to a 5/8" iron rod set for comer in the abovementioned north line of Corporate Park Boulevard; THENCE N88°26' 15"W, along said north line of Corporate Park Boulevard, a distance of 891.21 feet to a 5/8" iron rod set for comer at the beginning of a curve to the right having a central angle of 42°38'00'', a radius of 339.73 feet, a tangent of 132.57 feet and a chord bearing and distance of N 67°07'00"W, 247.00 feet; THENCE continuing along said north line and along said curve to the right, an arc distance of 252.79 feet to a 5/8" iron rod set for corner; THENCE N45°48'00"W, continuing along said north line, a distance of 20.47 feet to the POINT OF BEGINNING and containing 1,021,123 square feet or 23.4418 acres of land, more or less. Economic Development Incentive Agreement -Page 12 SS19822 - "Exhibit B" - COPPELL RD. :GTE SITE >- z_ 4~' (TYP.) I L/MI TS OF CONS TRUC TION I I Il PARKWAY IJ..I lARK NORTH SCALE: 1" = 500' i,i IDALWOOD SANDY LAKE RD. o Attachment 'A ' SCOPE OF SERVICES RESPONSIBILITIES OF O~ER BASIC SERVICES PART 1: FNI will provide the following civil en~neering services for the paving and drainage improvements for Coppell Road fi:om S.H. 121 to Sandy Lake Road and design of a 12" waterline along the northern part of Coppell Road to connect to existing 12'~' waterline in S.H. 121 and 10" waterline in Coppell Ro.ad. This Scope of Services outlines the proposed civil services that will be provided. A. CONCEPTUAL DESIGN I. The Engineer shall walk the current alignment of the paving improvements to verify existing ground conditions. When requested by the City, the Engineer shall attend preliminary conferences with authorized representatives of the City regarding the project and such other conferences as may be necessary in thc opinion of the City so that thc plans and specifications which are to be developed hereunder by the Engineer, will result in providing facilities wh/ch are economical in design and conform to instruction from the City. The Engineer shall attend such conferences with officials of other agencies including other engineering and/or surveying firms under contract with the City, as may be necessary in the opinion of the City for coordination of the proposed paving and related improvements with the requirements of such other agencies. It shall be the Engineer's duty hereunder to secure necessary information fi:om such agencies. Engineer shall contact TxDOT to determine feasibility of installing west portion of 12" waterline in S.H. 121 right-of-way. o The Engineer shall advise the City with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The Engineer shall also advise the City concerning the results of same. Such surveys, tests, and investigations shall be made only upon authorization by the City. During the conceptual design phase, the Engineer shall coordinate with all utilities as to any proposed utility lines or the need for adjustment to the existing utility lines within the pwject limits. The information obtained shall be shown on the conceptual plans and addressed in the conceptual design report. The Engineer shall show on the conceptual, preliminary, and final plans the location of the proposed utility lines, existing utility lines, and any adjustments and/or relocation of the existing lines based on information provided by the respective utility company. Exhibit B _ The Engineer shall prepare a maximum of' two conceptual design alternatives for tho waterline and paving improvements based on the information provided by the City. Conceptual designs will include horizontal layout, vertical grades, and a few representative cross sections. Special attention will be given to the existing 90-degree curve on Coppeli Road. Recommendations, with design speed, for thc 90odegree curve will be provided at conceptual design. 7. The Engineer shall provide necessary design field surveys for his use in the preparation of plans and specifications. The Engineer shall also provide sufficient property surveys to prepare the necessary fight-of-way documents and related exhibits for acquisition of fight-of- way. City shall acquire right-of-way with use of Engineer's documents. 8. Engineer shall attend necessary review meetings with the City to finalize the alignment of the proposed waterline and the horizontal and vertical aliL_,nment of Coppeli Road. ,' · 9. The Engineer shall furnish for City review two (2) copies each of the conceptual engineering plans at a scale of 1"=20' and a written report on the project in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the City, including layouts, preliminary right-of-way needs, opinion of probable cost for each alternate proposed, and the Engineer's recommendation(s). 10. The Engineer shall supply conceptual plans to all utility companies, including but not limited to franchised utilities and pipeline companies that have existing and proposed facilities within the limits of the Project 11. The Engineer shall attend a maximum of 4 meetings for the conceptual design phase under Basic Services Part 1. B. PRELIMINARY DESIG~ The Engineer shall meet with the City to discuss the conceptual design plans and report, and the Engineer will then proceed with preparation of the preliminary design of the project incorporating all comments received from the City and agreed upon by both the City and the Engineer into the plans. The Engineer shall provide detailed design data, profiles, cross-sections where appropriate, opinions of probable cost, and furnish two (2) copies of detailed preliminary design plans, in ACAD Rel. 14 format at I"--20, to the City for review. The Engineer shall indicate on the plans the location of existing and proposed utilities and storm drains. Preliminary plans shall include an overall drainage area map, runoff computation and drainage designs for drainage facilities to convey ultimate developed runoff in accordance with the City's drainage design requirements. After receipt of preliminary design review comments from the City, the Engineer shall attend necessary meetings with the City to discuss plans for the proposed waterline and Coppell Road. The Engineer shall resolve all preliminary design issues and then commence preparation of the final design plans and specification/contract documents. 4. The Engineer shall supply preliminary plans to all utility companies, including but not limited to franchised utilities and pipeline companies that have existing and proposed facilities within the limits of the project. 5. The Engineer shall attend a maximum of 3 meetings for the preliminary design phase under Basic Services Part 1. C. FINAL PLANS. CONTRACT DOCUMENTS/SPECIFICATION~ Incorporating all City review comments from the preliminary design submittal, the Engineer will complete the final plans, prepare contract documents/specifications, and a final opinion of probable cost for the authorized construction units. This shall include summaries of bid items and quantifies, but the Engineer does not guarantee that Contractor bids will not vary from such opinion. Each of these items (2 copies each) shall be submitted to the CRy for final approval. Final plans shall generally include the following: a. Detailed plans, designs, layout and typical sections for the 12" waterline improvements. The location of the proposed waterline will be within the ROW of Coppell Road. Engineer shall make contact with TxDOT to determine feasibility of installing west portion of 12" waterline in S.H. 121 fight-of-way. Detailed plan and profile drawings for the Coppell Road paving improvements. This design will include the intersection at Sandy Lake Road and the connection with the S.H. 121 frontage road. A construction sequencing plan to coordinate the earthwork, waterline, and roadway construction. A general traffic control plan will be prepared using the Texas Manual on Uniform Traffic Control Devices to address traffic flow during construction. Plan and profile drawings for the construction of the storm drain system required for Coppell Road. Standard waterline and paving details for the proposed water system improvements from Freese and Nichols and City standards. Only details that differ from Coppell standards will be included with the final construction plans. An erosion and sediment control plan for construction activity and for completed construction of the waterline and paving improvements. The erosion and sediment control plan will be based on Coppell standards. g. Proposed streetlights and conduit on plans. Engineer shall coordinate street lighting with T.U. Eleelrie. h. Conduit for irrigation. i. Conduit for future traffic lights at Sandy Lake and S. H. 12I. After receipt of final plan/specification/contract document review comments from the City, the Engineer shall attend a maximum of three (3) plan review meetings. The review meetings will be conducted to address review comments and to take action on items to produce the final construction documents. Two (2) sets of plans and specifications will be provided at each of the three review meetings. The plans will be marked "Review Plans" and will be for review purposes only. One set of the pertinent "R. eview Plans" plan sheets will be submitted to each of the pHvate utility companies for review of'utility clearances. Upon final approval of the plans by the City, the Engineer shall provide the City twenty (20) sets of plans and contract documents marked "Approved for Construction." These plans will be used for bidding the project. As directed by the City, additional sets of plans, specifications, and bid documents as are necessary in the receipt of bids for construction and as are required in the execution of the construction contracts, shall be furnished by Freese and Nichols and shall be paid for by the City at actual cost of reproduction. The original drawings of all plans shall be plotted in ink on approved plastic film sheets, or as otherwise approved by the City Engineer, and shall become the property of the City. City may use such drawings in any manner it desires provided, however, that the Enginee[ shall not be liable for the use of such drawings t'or any project other than the project described herein. CONSTRUCTION ADMINISTRATION The Engineer will assist the City in the advertisement for bids by preparing Notice to Bidders for required newspaper advertising and placing notice with Texas Contractor magazine and Dodge Report. The Engineer will attend a pre-bid meeting if deemed necessary by the City. The Engineer shall assist in the tabulation and review of all bids received for the construction of the improvements, and shall make recommendations to the City concerning these bids. At any time during the construction of this project, the Engineer shall advise on special review shop drawings required of the Contractor by the Construction Contract(s). Such review shall be for general conformance with the design concept and general compliance with the plans and specifications under the Construction Contract(s). After selection of Contractor(s) and award of contract(s) by the City, the Engineer will assist in the preparation of contract documents, including contract, performance, payment, and maintenance bonds and all other related City forms required to initiate conslruction on the project(s). The Engineer will furnish the City with four (4) executed and four (4) conformed copies of each set of the contract documents for the selected Contractor(s). Engineer will attend a pre-construction conference with City staff, Contractor(s), and all affected utility companies. The City shall be responsible for coordinating the location and personnel to attend the conference. Engineer will provide periodic field representation and will monitor construction progress as often as Engineer deems necessary. However, once every two (2) weeks the Engineer shall attend a scheduled meeting with the City's project inspector and the Contractor(s) to discuss the construction progress. A written report shall'be provided to the City after each of these bi-weekly meetings. The maximum required number of meetings for construction administration, not including the final inspection, under Basic Services Part 1 is 13. - Exhibit B 7. Engineer will consult and advise the City regarding the need for any contract change orders and will prepare change orders as required for City approval. 8. Engineer will be available for interpretation of plans and specifications as may be required by the Contractor(s) in the field. 9. The Engineer will, with assistance from the City Inspector on the project(s), prepare and process monthly and final pay requests from the Contractor(s) to the City. I0. Engineer will provide, in conjunction with the City, a final inspection of the project and provide a "punch list" of deficient items to the Contractor(s). 11. Engineer will revise construction drawings as necessary to adequately reflect any revisions in the construction from that which was represented on the plans and/or specifications. 12. Engineer will provide the City with one (1) set of mylar reproducible "Record Drawings" within 30 days aider the completion of the project including updated digital files of the new construction for use in the City's computerized mapping system in ACAD Rel. 14 format. The Engineer shall provide field design surveying services for a strip topographic survey along the current alignment of Coppell Road. Surveys will include property monuments, fight-of-way monuments, fences, pavements, signs, utility markers, visible utilities and appurtenances, ditches, culverts, driveways, limits of brash, trees greater than 6" diameter, landscaping, and other existing features along the proposed alignment. Elevations along the alignment will be measured at the edge of pavement, ditch flowllnes, right-of-way line and other pertinent locations. Elevations will be based on City and TxDOT datum established in the field. Surveys shall be completed in ACAD Rel. 14 format. This survey will be used in conjunction with existing and proposed plans and CADD files provided by the City and TxDOT that will show any improvements constructed along Coppell Road. The Surveyor will establish horizontal and vertical control points along the road and will mark for future use during construction. BASIC SERVICES PART 2: FNI will provide services under Basic Services Part 2 on an hourly basis with a maximum not to exceed amount. Any savings below the maximum amount will be passed on to the City. A. GEOTECHNICAL SERVICES The Engineer will contract with Rone Engineers, a local geotechnical testing company, to perform four soil borings along Coppell Road. A geotechnical report will be prepared identi~ting at a minimum soil conditions, limits of rock, groundwater depths, subgrade and pavement recommendations, borrow material requirements and trench material. B. EASEMENT/ROW DOCUMENTS The Engineer will prepare metes and bounds descriptions and survey exhibits for the requh-ed right-of-way acquisitions, permanent utility easements, and temporary construction/slope easements.