CP 2005-10-25
NOTICE OF CITY COUNCIL MEETING AND AGENDA
OCTOBER 25, 2005
DOUG STOVER, TIM BRANCHEAU, Place 1
Mayor Mayor Pro Tem
JAYNE PETERS, Place 2 BILLY FAUGHT, Place 5
BRIANNA HINOJOSA-FLORES, Place 3 THOM SUHY, Place 6
MARSHA TUNNELL, Place 4 BILL YORK, Place 7
JIM WITT, City Manager
MEETING TIME AND PLACE:
Call to Order 5:30 p.m. Council Chambers (Open to the Public)
Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public)
Regular Session 7:00 p.m. Council Chambers (Open to the Public)
Notice is hereby given that the City Council of the City of Coppell, Texas will
meet in Regular Called Session on Tuesday, October 25, 2005, at 5:30 p.m. for
Work Session, and Regular Session will begin at 7:00 p.m., to be held at Town
Center, 255 Parkway Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this
meeting may be convened into closed Executive Session for the purpose of
seeking confidential legal advice from the City Attorney on any agenda item
listed herein.
The 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:
ITEM # ITEM DESCRIPTION
1. Call to order.
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ITEM # ITEM DESCRIPTION
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Report by Rick Moore on Community Wireless.
B. Discussion regarding the building programming and funding level
for the proposed Senior Center facility at Grapevine Springs Park.
C. Discussion regarding Parking Ordinance.
D. Discussion regarding 2025 Strategic Planning Effort.
E. Discussion regarding nomination to Dallas Central Appraisal District.
F. Discussion of Agenda Items.
Adjourn Work Session.
PUBLIC ANNOUNCEMENTS
Public Service Announcements concerning local civic events and no Council
action is required or permitted.
REGULAR SESSION (Open to the Public)
3. Convene Regular Session.
4. Invocation.
5. Pledge of Allegiance.
6. Consider approval of a proclamation recognizing the City’s early
residents, and authorizing the Mayor to sign.
7. Consider approval of a proclamation naming November Coppell
Education Foundation Month, and authorizing the Mayor to sign.
8. Consider approval of a proclamation honoring Eagle Scout Nicholas
Morgan Fernandez, and authorizing the Mayor to sign.
9. Consider approval of a proclamation honoring Municipal Courts Week,
and authorizing the Mayor to sign.
10. Annual State of the Court Address presented by the Honorable Marian
Moseley.
11. Citizens' Appearances.
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ITEM # ITEM DESCRIPTION
CONSENT AGENDA
12. Consider approval of the following consent agenda items:
A. Consider approval of minutes: October 11, 2005.
B. Consider approval of canceling the second meetings in November
and December, being November 22, 2005 and December 27, 2005.
C. Consider approval of a grant between the City of Coppell, the
Coppell Education Development Corporation, and the Coppell
Independent School District for foreign language (ESOL) in the
amount of $930,000.00, and authorizing the City Manager to sign.
D. Consider approval of a grant between the City of Coppell, the
Coppell Education Development Corporation, and the Coppell
Independent School District for literacy in the amount of
$475,000.00, and authorizing the City Manager to sign.
E. Consider approval of a grant between the City of Coppell, the
Coppell Education Development Corporation, and the Coppell
Independent School District for foreign language (salaries) in the
amount of $225,000.00, and authorizing the City Manager to sign.
F. Consider approval of a grant between the City of Coppell, the
Coppell Education Development Corporation, and the Coppell
Independent School District for foreign language in the amount of
$565,000.00, and authorizing the City Manager to sign.
G. Consider approval of an ordinance abandoning a 538 square feet
of right-of-way along the southeast side of Lot 52, Block D Shadow
Ridge Estates Fourth Increment (466 Harris Street); and authorizing
the Mayor to sign.
H. Consider approval of a Resolution accepting the proposal for City
Depository and Banking Services of Frost National Bank; and
designating Frost National Bank as the City Depository; and
adopting a Depository Agreement, and authorizing the Mayor to
sign.
I. Consider approval of signing an Interlocal Purchasing Agreement
between City of Coppell and Dallas County, and authorizing the
Mayor to sign.
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ITEM # ITEM DESCRIPTION
J. Consider approval of awarding Bid No. Q-0905-01 for Newspaper
advertising to the Citizens’ Advocate for the period October 2005 to
October 2006, with the option to extend the Contract for (4) four
additional one year periods as it deems to be in the best interest of
the City, and authorizing the City Manager to sign.
K. Consider approval of renewing the service agreement with
Motorola, Inc. for the maintenance of all city radios and the
communication network in the amount of $50,757.60; and
authorizing the City Manager to sign.
L. Consider approval of the vacation of the Vista Ridge, Lot 1, Block K,
Minor Amending Plat, to allow the recordation of the Villas at Lake
Vista, Phase 1, Final Plat, in Denton County, Texas.
END OF CONSENT
13. Consider approval of awarding Bid/Contract # Q-0905-02 to Craig Olden,
Inc., for the construction of the Bethel Road I Drainage Phase 'A' project,
in an amount of $537,387.50, as provided for in CIP funds; and authorizing
the City Manager to sign.
14. Consider approval of a resolution authorizing the closure of Coppell Road
North at West Sandy Lake Road for a specified period during the summer
of 2006 and authorizing the Mayor to sign.
15. Consider approval of a contract between Coppell Recreational
Development Corporation and Dean Construction to add the extension
of water, storm sewer, sanitary sewer, electrical utilities, and a sidewalk for
the proposed restroom, along with a concrete slab for the shade shelter
at Wagon Wheel Park in the amount of $173,300.00, and authorizing the
City Manager and the President of the Coppell Recreation Development
Corporation to sign.
16. Consider approval of a Resolution approving a letter of support for the
creation of a Foreign Trade Zone to be located at 306 Airline Drive in
Coppell, Texas for World Factory, Inc., and authorizing the Mayor to sign.
17. Consider approval of a resolution nominating a candidate to the Board of
Directors of the Dallas Central Appraisal District, and authorizing the
Mayor to sign.
18. Necessary action resulting from Work Session.
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ITEM # ITEM DESCRIPTION
19. Mayor and Council Reports.
A. Report by Mayor Stover regarding 50th Birthday Celebration.
B. Report by Mayor Stover regarding Halloween activities at Aquatic
Center.
C. Report by Mayor Stover regarding Coppell Middle School North
Cans for Kids.
20. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember
Tunnell.
B. Coppell ISD – Councilmembers Faught and Suhy.
C. Coppell Seniors – Mayor Pro Tem Brancheau and Councilmember
Peters.
D. Dallas Regional Mobility Coalition - Councilmember Peters.
E. Economic Development Committee - Councilmembers Suhy and
York.
F. Metrocrest Hospital Authority - Councilmember Tunnell.
G. Metrocrest Medical Foundation - Councilmember Hinojosa-Flores.
H. Metrocrest Medical Services – Councilmember Hinojosa-Flores.
I. Metrocrest Social Service Center – Mayor Pro Tem Brancheau.
J. North Texas Council of Governments - Councilmember Tunnell.
K. NTCOG/Regional Emergency Management - Councilmember Suhy
L. North Texas Commission - Councilmember Peters.
M. Senior Adult Services - Councilmember Faught.
N. Town Center/Architectural Committee - Councilmember Hinojosa-
Flores.
Adjournment.
____________________________________
Douglas N. Stover, 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 21st day of October, 2005, at
__________________.
____________________________________
Libby Ball, City Secretary
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DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON
THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC
DOCUMENTS, COUNCIL PACKETS.
PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or
other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724
Carrying of a concealed handgun on these premises or at any official political meeting
in the City of Coppell is illegal.
Es ilegal llevar consigo un arma de fuego oculta, adentro de este edificio, o en
cualquier junta oficial de politica en la ciudad de Coppell.
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KEY TO COUNCIL GOALS ICONS
2006
Economic Development
• Aggressively pursue development partnership on Lesley tract
• Analyze large tract development opportunities
• Continue “hot spot” focus
• Develop strategy for use/sale of city-owned property
• Study revenue enhancements
• Continue focus on vacant retail revitalization
Quality Public Facilities & Infrastructure
• Examine funding opportunities for IMF
• Study continued use of ½-cent sales tax for parks
• Continue focus on local and regional transportation efforts
• Provide quality park and recreation facilities for all
Excellent City Services & High Citizen Satisfaction
• Continue strategic planning for future costs of service delivery
• Timely response with quality service delivery
• Initiate review and revisions of Code of Ordinances
• Develop methods to enhance communication efforts
• Promote citizen involvement
• Examine our effectiveness at participating in state/federal legislative process
Sense of Community
• Develop and support community special events
• Develop and support activities for teens
• Embark on a “Coppell 2025” vision effort
• Continue to evaluate cemetery issue
• Evaluate services and programs for our senior adult community
• Continue to partner with taxing entities serving our community, particularly our ISD’s
Fiscal Stability
• Continue and refine financial planning and forecasting
• Continue systematic management and reduction of debt and expenditures
• Balance expenditures with ability to maintain over time
• Perform cost analysis on all approved projects and programs prior to implementation
• Protect the sales tax base from Streamlined Sales Tax initiative
• Remain aware of external factors and developments that potentially impact the financial
condition of the city
Neighborhood Integrity & Code Enforcement
• Maintain communication with neighborhoods and the community
• Update the Master Plan and Zoning as required
• Continue proactive neighborhood integrity programs
• Access HOA common area maintenance expectations and obligations
Safe Community
• Maintain and improve existing excellent level of service
• Continue focus on Homeland Security
• Provide quality public education programs
• Continue traffic/speed control efforts
DATE: October 25, 2005
ITEM #:WS-2
AGENDA REQUEST FORM
WORK SESSION
A. Report by Rick Moore on Community Wireless.
B. Discussion regarding the building programming and funding level for the
proposed Senior Center facility at Grapevine Springs Park.
C. Discussion regarding Parking Ordinance.
D. Discussion regarding 2025 Strategic Planning Effort.
E. Discussion regarding nomination to Dallas Central Appraisal District.
F. Discussion of Agenda Items.
Agenda Request Form - Revised 02/04 Document Name:
%worksession
PARKS AND RECREATION DEPARTMENT
CITY COUNCIL WORK SESSION
Date: October 25, 2005
To: Mayor and City Council
From: Brad Reid, Director of Parks and Recreation
Re: Senior Citizen Center, Building Programming.
Background:
The Parks and Recreation Department will soon begin the process of determining the desirable
qualifications for the architect who will design the proposed Coppell Senior Center. In order to
make this determination, it will be necessary to instruct the potential candidates on the scope of
the project for a facility that currently has an extremely limited budget.
The 1999 Park Bond includes $1,200,000 for the construction of a new Senior Center. The
current proposed schedule for sale of these bonds is $100,000 in April of 2006, which is to be
used for the design of the building, and $1,100,000 in April of 2007, for the construction. In
1999, when the Park Bond was under consideration by the Bond Committee, the location of the
proposed center was unknown. A couple of assumptions were made in developing the
$1,200,000 budget. First, the assumption was made that the facility would be located in a park
with existing facilities such as parking, electricity, water and sewer. Next and most importantly,
the budget number was based on developing the building in phases, with the following amenities
included in the initial phase.
• The initial phase will include a reception area, two game rooms, warm-up kitchen with
nutrition area, a large gathering room, restrooms, storage and two offices.
• Landscaping of the site to include trees, shrubs, ground covers and grasses, all automatically
irrigated and a large patio on the rear of the building.
The 1999 Park Bond also includes $280,000 for Renovations at Grapevine Springs Park. These
funds are designated for repairs to the stone wall, parking lot expansion and restroom building.
Because the location of the proposed senior facility is adjacent to Grapevine Springs Park, these
funds could be added to the budget for the Senior Center to develop parking areas and exterior
accessible restrooms.
Excluded from the funding of the first phase but considered important for the program is
additional game/meeting spaces, an arts/crafts/hobby room, exercise room, pottery room and
associated storage spaces.
During the past couple of years, there have been discussions about the idea of making this facility
more than just a Senior Center. There are times during the week when the senior programming is
such that the building would not be in use, primarily at night and weekends. The prospect of
creating spaces in the building to serve the general population with meeting spaces and
community gathering opportunities is an additional need that this building could fulfill. The
seniors attending the existing center have discussed this possibility and there is agreement that
other uses could be accommodated during off-hours.
However, the idea of adding spaces to an already under-funded facility only adds to the amount
of extra funding needed. It is estimated that to develop a proper Senior Center that will fulfill the
needs of the aging population for years to come will need to be a minimum of 10,000 square feet.
This is only an estimate and is based on what other communities have constructed, and will be
further refined as the building program is developed. Existing facilities recently constructed in
other communities have been built for a range of between $140 per square foot, to about $230 per
square foot. In order to meet the desires of the Coppell community with respect to quality of
finishes, fixtures and furnishings, it is anticipated that such a facility will require a budget on the
higher end of this range. This number will include all amenities such as landscaping, patio and
parking lot.
Projections are that the senior population in Coppell will increase dramatically over the next few
years. Our Planning Department estimates that by the year 2013 the senior population will have
increased to 5,464 seniors, up from a total of 1,909 residents over the age of 60 in 2003. The
2003 number represents 5% of the total population of 38,000. The 2013 number represents 14%
of the total population.
City Council Action requested:
The desired outcome of the Work Session discussion is to answer these questions as relate to the
proposed facility:
1. Is the desire of the Council to add funding to the construction budget of the facility to
allow development of the senior program to the desired level?
2. Is the desire of the Council to add program spaces to this proposed facility and, therefore,
fund the additional spaces for multi-purpose/community activities?
3. If yes to the above, is it the desire to proceed with the project at a specific budget now, or
shall staff postpone the schedule of the construction in order to secure the necessary
additional funding?
DEPT: City Manager
DATE: October 25, 2005
ITEM #: 6
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a proclamation recognizing the City’s early residents, and authorizing
the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Historic
PROCLAMATION
WHEREAS, The early residents provided the deep roots for the Coppell
community to thrive and prosper; and
WHEREAS, Through their hard work and pioneer spirit of the time, they
provided the backbone from which the community grew; and
WHEREAS, The community begins to commemorate the 50th Anniversary
of becoming a City under Texas law; and
WHEREAS, These early residents provided the great tradition by which
Coppell has been known as a family-oriented community.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell,
on behalf of the Council and community at large, express my eternal gratitude to
the early residents for their planning and foresight.
IN WITNESS THEREOF, I have set my hand and caused the seal of the city
of Coppell to be affixed this 25th day of October, 2005.
_____________________________
Douglas N. Stover, Mayor
ATTEST:
_____________________
Libby Ball, City Secretary
DEPT: City Manager
DATE: October 25, 2005
ITEM #: 7
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a proclamation naming November COPPELL EDUCATION
FOUNDATION MONTH, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Education
PROCLAMATION
WHEREAS, the Coppell ISD Education Foundation believes that all parents and
community members can participate with the school district to enrich public education; and
WHEREAS, the Foundation seeks to encourage all students to work to their highest
potential by providing opportunities for unique educational experiences; and
WHEREAS, the Foundation encourages Coppell ISD teachers to implement innovative
instructional strategies by funding original programs and projects; and
WHEREAS, the Foundation believes in recognizing staff members for exemplary
teaching; and
WHEREAS, the Foundation is resolved, through the administration of its gifts, to
support education in Coppell ISD.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do commend
the directors of the Coppell Independent School District Education Foundation, and proclaim the
month of November as
"COPPELL ISD EDUCATION FOUNDATION MONTH"
and call upon all citizens to join me in recognizing the valuable work of the Education
Foundation and to work with them to support the staff and students of Coppell public schools.
IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell
to be affixed this ______day of October 2005.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
_______________________
Libby Ball, City Secretary
DEPT: City Manager
DATE: October 25, 2005
ITEM #: 8
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a proclamation honoring Eagle Scout Nicholas Morgan Fernandez, and
authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Scout
PROCLAMATION
WHEREAS, An Eagle Scout Court of Honor will be held for Nicholas Morgan
Fernandez on November 12, 2005, and this is the highest rank a Boy Scout may achieve;
and
WHEREAS, Lengthy preparation and hard work is required, merit badges have
to be earned, and a service project conceived, planned, managed, and completed in order
to achieve the rank of Eagle Scout; and
WHEREAS, As a member of Boy Scout Troop 840, Nicholas earned 39 merit
badges and replaced the ground gravel at the playground at First Baptist Church Coppell
as his service project. He also supervised the replanting of the flower beds surrounding
the playground area; and
WHEREAS, A junior at Coppell High School, Nicholas has enhanced the image
of Coppell and brought honor to our community through his initiative, dedication, and
perseverance in achieving the rank of Eagle Scout.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do
hereby proclaim November 12, 2005 as
NICHOLAS MORGAN FERNANDEZ DAY
IN WITNESS THEREOF, I have set my hand and caused the seal of the
City of Coppell to be affixed this _______ day of October, 2005.
_______________________________
Douglas N. Stover, Mayor
ATTEST:
_____________________
Libby Ball, City Secretary
DEPT: Municipal Court
DATE: October 25, 2005
ITEM #: 9
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a proclamation honoring Municipal Courts Week, and authorizing the
Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: &Municipal Courts Week
A PROCLAMATION OF THE CITY OF COPPELL, TEXAS,
PROCLAIMING THE WEEK OF
OCTOBER 31 THROUGH NOVEMBER 4, 2005,
AS MUNICIPAL COURT WEEK
WHEREAS, there are over 850 municipal courts and more than 1,250 municipal
judges in the State of Texas that handle over 7 million cases and more than 3,800 jury
trials every year; and
WHEREAS, municipal judges make up over one third of the entire state's
judiciary; and
WHEREAS, more people come in personal contact with municipal courts than all
other Texas courts combined, and the public perception of the entire Texas judicial
system is largely dependent upon the public’s experience in municipal court; and
WHEREAS, municipal courts serve as the local justice center for the
enforcement of local ordinances and fine-only state offenses that protect the peace and
dignity of our community; and
WHEREAS, municipal judges and court support personnel have pledged to be
ever mindful of their neutrality and impartiality, rendering equal service to all, and
conform to the standards set by the Canons of Judicial Conduct; and
WHEREAS, the municipal judges and clerks continually strive to improve the
administration of justice through participation in judicial education programs, seminars,
workshops and the annual meetings of their state and local professional organizations;
and
WHEREAS, it is most appropriate that we recognize the accomplishments of
over 850 Texas Municipal Courts, and of the Coppell Municipal Court Number 1, and
salute their critical role in preserving public safety, protecting the quality of life and
deterring future criminal behavior in Texas communities and in our community.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell,
Texas, and the City Council of the City of Coppell, Texas, do hereby recognize the week
of October 31 - November 4, 2005, as Municipal Court Week, and further extend
appreciation to the municipal judges and court clerks throughout Texas and to our
Presiding and Associate Municipal Judges and court support personnel for the vital
services they perform and their exemplary dedication to our community. I call upon all
residents of Coppell to join with the City Council in recognizing the vital service they
perform and their exemplary dedication to the community they represent.
DULY PROCLAIMED by the City Council of the City of Coppell, Texas, on this
the ______ day of ________________, 2005.
CITY OF COPPELL, TEXAS
___________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
___________________________________
LIBBY BALL, CITY SECRETARY
DEPT: Municipal Court
DATE: October 25, 2005
ITEM # 10
AGENDA REQUEST FORM
ITEM CAPTION: Annual State of the Court Address presented by the Honorable Marian Moseley.
GOAL(S):
EXECUTIVE SUMMARY: The Presiding Judge will update the Council of the current Municipal Court
operating status.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: State of the Court
DATE: October 25, 2005
ITEM #: 11
AGENDA REQUEST FORM
CITIZENS' APPEARANCES
ORDINANCE NO. 2001-964
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND
PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR
CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City
Council Meetings," be, and the same is hereby, amended to read as follows:
"ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
". . .
1-10-6.2.1 CITIZENS APPEARANCE
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign
a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers,
and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting.
Each speaker must state his or her name and address of residence. Presentations by individuals during the
"Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for
an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a
cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who
signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the
provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor,
individual, group or corporation (Charter Article 3, Section 3.12).
Agenda Request Form - Revised 09/02 Document Name: %citapp.doc
DEPT: City Secretary
DATE: Octobeer 25, 2005
ITEM #: 12/A
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of minutes: October 11, 2005
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: %minutes
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MINUTES OF OCTOBER 11, 2005
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, October 11, 2005, at 5:30 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Doug Stover, Mayor
Tim Brancheau, Mayor Pro Tem
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Thom Suhy, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt, City Secretary Libby Ball and City
Attorney Robert Hager.
ITEM # ITEM DESCRIPTION
1. Call to order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. City of Coppell vs. Barney Barnett, et al.
B. Section 551.072, Texas Government Code - Deliberation
regarding Real Property.
1. Sale of property east of Coppell Road, south of
Bethel Road and west of Park.
2. Sale of property east of Hammonds, south of Bethel
and west of Coppell Road.
Mayor Stover convened into Executive Session at 5:45 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 6:10 p.m. and opened the Work Session.
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WORK SESSION (Open to the Public)
3. Convene Work Session
A. Code Red Update.
B. Briefing on Parking Prohibition on City streets.
C. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Councilmember York led those present in the Invocation.
6. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
7. Introduction of the City’s Founding Families and consideration
of a Proclamation honoring them.
Presentation:
Mayor Stover recognized the members of Coppell’s early founding families
who were present at the meeting. He read the Proclamation and
presented it to the families who were present.
Action:
Councilmember Tunnell moved to approve a Proclamation honoring the
City's Founding Families. Mayor Pro Tem Brancheau seconded the
motion; the motion carried 7-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught, Suhy and
York voting in favor of the motion.
8. Consider approval of a proclamation proclaiming the week of
October 9th through 15th, 2005, as Fire Prevention Week, and
authorizing the Mayor to sign.
CM101105
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Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to Chief Halton, Deputy Chief Oates and former Chief Lee.
Action:
Councilmember Peters moved to approve a Proclamation proclaiming the
week of October 9th through 15th, 2005, as Fire Prevention Week, and
authorizing the Mayor to sign. Councilmember Faught seconded the
motion; the motion carried 7-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught, Suhy and
York voting in favor of the motion.
9. Consider approval of a Proclamation naming the week of
October 23 through October 31, 2005 as Red Ribbon Week, and
authorizing the Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to R. J. Harr and McGruff.
Action:
Councilmember Hinojosa-Flores moved to approve a Proclamation
naming the week of October 23 through October 31, 2005 as Red Ribbon
Week, and authorizing the Mayor to sign. Councilmember Suhy
seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell,
Faught, Suhy and York voting in favor of the motion.
10. Citizens' Appearances.
There were no citizen appearances.
CONSENT AGENDA
11. Consider approval of the following consent agenda items:
A. Consider approval of minutes: September 27, 2005.
CM101105
Page 4 of 11
B. Consider approval of entering into an Interlocal
Agreement with Northwest Dallas County Flood Control
District for sediment removal from box culverts beneath
Riverchase Drive, in an amount of $45,529.30 as provided
for in the Drainage Utility District fund; and authorizing
the Mayor to sign.
C. Consider approval of a Resolution amending Resolution
No. 010996.3, as heretofore amended, concerning Impact
fees, Engineering fees, and Library fees, and authorizing
the Mayor to sign.
D. Consider approval of an Ordinance amending Article 6-15,
Section 6-15-8 of the Code of Ordinances of the City of
Coppell by adding additional sign zones, and authorizing
the Mayor to sign.
E. Consider approval of a nine-month extension to the
expiration date of the Beltline Trade Center, Lot 1, Block
1, Minor Plat, to allow the development of an
approximate 375,000-square-foot warehouse distribution
building on 27.072 acres of property located along the
north side of Beltline Road, approximately 1,000 feet east
of North Lake Drive.
F. Consider approval of an Ordinance for a text amendment
to delete Article 26, Sections 12-26-0 through 12-26-7, HI
(Heavy Industrial) district and any other reference in
Chapter 12, Zoning, of the Code of Ordinances, and
authorizing the Mayor to sign.
G. Consider approval of an Ordinance amending the Land
Use Plan of the 1996 Comprehensive Master Plan from
Neighborhood Retail to Historic on 3.2 acres of property
along the south side of Bethel Road, east of Freeport
Parkway and a zoning change for Case No. ZC-618(CH)
from R (Retail) to H (Historic), to expand and incorporate
3.2 acres of property along the south side of Bethel Road,
east of Freeport Parkway into the designated Historic
district, and authorizing the Mayor to sign.
CM101105
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H. Consider approval of an Ordinance for a text amendment
to Chapter 12, Zoning, of the Code of Ordinances, Article
30, Sections 12-30-4, A (Agricultural) district; 12-30-5,
SF-ED (Single Family Estate District); and 12-30-12, LI
(Light Industrial) district, to require a Special Use Permit
for a temporary batch plant maintained in excess of one
hundred and eighty (180) days, and authorizing the Mayor
to sign.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A, B, C
carrying Resolution No. 2005-1011.1, D carrying Ordinance No. 2005-
1112, E, F carrying Ordinance No. 91500-A-419, G carrying Ordinance
No. 91500-A-420 and H carrying Ordinance No. 91500-A-421.
Councilmember Peters seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Tunnell, Faught, Suhy and York voting in favor of the motion.
12. PUBLIC HEARING:
Consider approval of the Old Coppell Townhomes, Lot 10R,
Block A, Replat, to allow the abandonment of a 5’ access
easement on the east side of Lot 10, 518 Mobley Way.
Councilmember Faught filed a Conflict of Interest Affidavit with the City
Secretary on this item and left the dais at this time.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve
the Old Coppell Townhomes, Lot 10R, Block A, Replat, to allow the
abandonment of a 5’ access easement on the east side of Lot 10, 518
Mobley Way. Councilmember Suhy seconded the motion; the motion
carried 6-0-1 with Mayor Pro Tem Brancheau and Councilmembers
CM101105
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Peters, Hinojosa-Flores, Tunnell, Suhy and York voting in favor of the
motion and Councilmember Faught abstaining by having filed a Conflict
of Interest Affidavit.
Councilmember Faught rejoined Council on the dais at this time.
13. PUBLIC HEARING:
Consider approval of Case No. S-1229-LI, Kidz Muze, zoning
change request from LI (Light Industrial) to S-1229-LI (Special
Use Permit-1229-Light Industrial), to allow the operation of an
approximate 22,000-square-foot indoor recreation/entertain-
ment center to be located at 989 W. Sandy Lake Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Faught moved to close the Public Hearing and approve
Case No. S-1229-LI, Kidz Muze, zoning change request from LI (Light
Industrial) to S-1229-LI (Special Use Permit-1229-Light Industrial), to
allow the operation of an approximate 22,000-square-foot indoor
recreation/entertain-ment center to be located at 989 W. Sandy Lake
Road, subject to the following conditions:
1) The property shall be developed in accordance with the Site Plan,
Floor Plan and Sign Plan.
2) Parking shall be provided as outlined in the letter dated August 15,
2005, from the property owner.
3) The hours of operation shall not exceed 9:30 a.m. to 9:30 p.m.,
seven days a week. This facility may remain open beyond these
stated hours during periodic lock-in or similar events.
4) The parking areas serving this facility shall remain lit during
nighttime the hours of operation.
CM101105
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Councilmember York seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Tunnell, Faught, Suhy and York voting in favor of the motion.
14. PUBLIC HEARING:
Consider approval of Case No. S-1230-C, The Dinner Station,
zoning change request from C (Commercial) to S-1230-C
(Special Use Permit-1230-Commercial), to allow the operation
of an approximate 1,960-square-foot food-assembly center to
be located at 757 S. MacArthur Road (Coppell Crossing).
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve
Case No. S-1230-C, The Dinner Station, zoning change request from C
(Commercial) to S-1230-C (Special Use Permit-1230-Commercial), to
allow the operation of an approximate 1,960-square-foot food-assembly
center to be located at 757 S. MacArthur Road (Coppell Crossing),
subject to the following conditions:
1) The property shall be developed in accordance with the Site Plan,
Floor Plan and Sign Plan.
2) The retail hours of operation shall not exceed 10 a.m. to 10 p.m.,
Monday through Saturday.
Councilmember Faught seconded the motion; the motion carried 7-0
with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-
Flores, Tunnell, Faught, Suhy and York voting in favor of the motion.
15. PUBLIC HEARING:
Consider approval of Case No. S-1228-C, Coppell Montessori
Academy, zoning change request from C (Commercial) to S-
CM101105
Page 8 of 11
1228-C (Special Use Permit-1228-Commercial), to allow the
construction of an approximate 11,700-square-foot day care
facility on 1.68 acres of property located along the north side
of Fitness Court, approximately 250-feet west of Denton Tap
Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve
Case No. S-1228-C, Coppell Montessori Academy, zoning change request
from C (Commercial) to S-1228-C (Special Use Permit-1228-Commercial),
to allow the construction of an approximate 11,700-square-foot day care
facility on 1.68 acres of property located along the north side of Fitness
Court, approximately 250-feet west of Denton Tap Road, subject to the
following condition:
1) Existing trees must be protected during construction, and a Tree
Removal Permit will be required prior to construction of the
“Future Phase.”
Councilmember Peters seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Tunnell, Faught, Suhy and York voting in favor of the motion.
16. Consider approval of the Denton Tap Development, Lot 3,
Block A, Minor Plat, to allow the construction of an
approximate 11,700-square-foot day care facility on 1.68 acres
of property located along the north side of Fitness Court,
approximately 250-feet west of Denton Tap Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
CM101105
Page 9 of 11
Action:
Councilmember Faught moved to approve the Denton Tap Development,
Lot 3, Block A, Minor Plat, to allow the construction of an approximate
11,700-square-foot day care facility on 1.68 acres of property located
along the north side of Fitness Court, approximately 250-feet west of
Denton Tap Road, subject to the following Engineering comments:
1) Include offsite drainage areas that affect the site. How and where
are these drainage areas being drained? Be advised that the
property to the east is being re-developed and has been re-platted.
2) The location and configuration of the proposed fire hydrant and
utilities will need to be revised. A second fire hydrant will be
required on the site. Additional comments will be generated upon
detailed engineering review.
Councilmember Suhy seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Tunnell, Faught, Suhy and York voting in favor of the motion.
17. Consider approval of an Ordinance for Case No. PD-211-S-1226-
H, Hard Eight Pit Bar-B-Q Restaurant with Private Club, zoning
change from R (Retail) to PD-211-S-1226-H (Planned
Development-211-Special Use Permit-1226-Historic), to attach
a Detail Site Plan to allow the development of an approximate
14,120-square-foot restaurant and private club, with outdoor
seating and cooking areas, on 1.9 acres of property located
along the south side of Bethel Road, east of Freeport Parkway,
and authorizing the Mayor to sign.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Action:
Councilmember York moved to approve Ordinance No. 91500-A-422 for
Case No. PD-211-S-1226-H, Hard Eight Pit Bar-B-Q Restaurant with
Private Club, zoning change from R (Retail) to PD-211-S-1226-H (Planned
Development-211-Special Use Permit-1226-Historic), to attach a Detail
Site Plan to allow the development of an approximate 14,120-square-foot
restaurant and private club, with outdoor seating and cooking areas, on
CM101105
Page 10 of 11
1.9 acres of property located along the south side of Bethel Road, east of
Freeport Parkway, and authorizing the Mayor to sign. Councilmember
Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell,
Faught, Suhy and York voting in favor of the motion.
18. Consider approval of awarding Bid/Contract # Q-0805-02 to
J.T. Dersner, Inc. for the construction of the Belt Line
Road/Denton Tap Road 16-Inch Water Line (Airline Drive to
Bethel Road) project, in an amount of $791,659.50, as
provided for in CIP funds; and authorizing the City Manager to
sign.
Presentation:
Ken Griffin, Director of Engineering and Public Works, made a
presentation to the Council.
Action:
Councilmember York moved to approve awarding Bid/Contract # Q-
0805-02 to J.T. Dersner, Inc. for the construction of the Belt Line
Road/Denton Tap Road 16-Inch Water Line (Airline Drive to Bethel Road)
project, in an amount of $791,659.50, as provided for in CIP funds; and
authorizing the City Manager to sign and authorize the City Engineer &
City Manager to negotiate for an early completion bonus.
Councilmember Suhy seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Tunnell, Faught, Suhy and York voting in favor of the motion.
19. Necessary action resulting from Work Session.
There was no action necessary under this item.
20. City Manager's Report.
A. Update on the 50th Anniversary Celebration.
City Manager Jim Witt updated Council on the upcoming October 29th
celebration at Andy Brown East.
CM101105
Page 11 of 11
21. Mayor and Council Reports.
A. Report by Mayor Stover regarding Metroplex Mayors’
Meeting.
B. Report by Mayor Stover regarding the North Lake North
Campus Forum.
A. Mayor Stover had no report from the Metroplex Mayors’ Meeting.
B. Mayor Stover advised he had attended the North Lake North
Campus Forum. The school will focus on night school and
weekend school and they are looking for a temporary facility to use
during the construction of the new campus. Completion of the
college is scheduled for the end of 2007 with classes to begin in the
Spring of 2008.
22. Necessary Action Resulting from Executive Session.
City Attorney Robert Hager advised he had briefed Council on the case of
the City of Coppell vs. Barney Barnett during Executive Session. He
reported that the City had been successful in obtaining an Agreed
Judgment that was entered on September 30, 2005. As a result of the
order the garage and the superstructure must be removed from the
premises on or before October 31st. In the event the property is sold, the
new owners are obligated to either obtain a new permit to take down the
materials or building something else or the City will have the right to go
in and remove the garage and the structures other than the original
house.
There was no action necessary under this item.
There being no further business to come before the City Council, the meeting
was adjourned.
____________________________________
, Mayor
ATTEST:
______________________________________
City Secretary
Douglas N. Stover
Libby Ball,
DEPT: City Secretary
DATE: October 25, 2005
ITEM #: 12/B
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of canceling the second meetings in November and December, being November 22, 2005 and
December 27, 2005.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: %cancel
DEPT: City Manager
DATE: October 25, 2005
ITEM #: 12/C
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a grant between the City of Coppell, the Coppell Education
Development Corporation, and the Coppell Independent School District for foreign language (ESOL) in the
amount of $930,000.00, and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:Funds for this grant will be provided by the ½ cent sales tax proceeds for the
CEDC.
Agenda Request Form - Revised 09/04 Document Name: !ESL
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 1
STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION
§
COUNTY OF DALLAS § GRANT AGREEMENT
This Educational Development Grant Agreement (“AGREEMENT”) is made by and
between the City of Coppell, Texas (“CITY”), Coppell Education Development Corporation
(“CEDC”) and the Coppell Independent School District (the “CISD”), acting by and through
their respective authorized officers.
W I T N E S S E T H :
WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide
educational development grants to publicly funded institutions through the CEDC for the
promotion of literacy, foreign language and career technology for a skilled workforce; and
WHEREAS, the CITY seeks to support programs for promoting literacy, foreign
language and career technology for a skilled workforce; and
WHEREAS, the CISD has submitted a grant application No. 2005-L03 to provide
funding for hiring instructors for ESOL (the PROJECT), which is designed to develop
proficiency in the English language for those students who enter the district as either non-English
speaking or limited English speaking; and
WHEREAS, the PROJECT will provide daily instruction for approximately 562 Pre-
Kindergarten through twelfth grade students from more than 50 countries; and
WHEREAS, CISD is in need of funding the salaries for seventeen (17) certified teachers
and three (3) instructional aides, and seeks the assistance of the CEDC for such assistance; and
WHEREAS, the CITY has determined that making an education development grant to
the CISD in accordance with this AGREEMENT will further the objectives of the CITY, will
benefit the CITY and the CITY’s inhabitants and will promote literacy in the CITY.
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged on the terms and
conditions hereinafter set forth, the parties agree as follows:
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2
GENERAL PROVISIONS
1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to
provide the CISD an education development grant (the “GRANT”) in the amount of Nine
Hundred Thirty Thousand Dollars and no cents ($930,000.00).
2.CISD agrees to utilize the GRANT to fund the salaries of seventeen (17) certified
teachers and three (3) instructional aides for approximately 446 pre-Kindergarten through twelfth
grade students.
3.CITY agrees to provide the GRANT of Nine Hundred Thirty Thousand Dollars and no
cents ($930,000.00) funds payable on a quarterly basis with the first payment to be made in
November 2005.
4. On a quarterly basis beginning no later than January 31, 2006 the CISD shall submit a
detailed list of expenditures for this GRANT to the CEDC. The detailed list shall include, but
not limited to, all personnel costs. CISD shall also submit no later than sixty (60) days after the
close of school year the number of students served, grade levels actually served, and any changes
in personnel during the period covered by this GRANT.
5. In the event the CISD breaches any of the terms of this AGREEMENT or fails to use
the GRANT for the purposes set forth herein, then the CISD, after expiration of the notice and
cure period described herein, shall be in default of this AGREEMENT. As liquidated damages
in the event of such default, the CISD shall, within thirty (30) days after demand, repay to the
CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of
receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of
default would be speculative and difficult to determine. Upon breach by CISD of any
obligations under this AGREEMENT, the CITY shall notify the CISD in writing, who shall
have thirty (30) days from receipt of the notice in which to cure such default. If CISD fails to
cure the default within the time provided herein, or, as such time period may be extended, then
the CITY at its sole option, shall have the right to terminate this AGREEMENT without further
notice to the CISD.
6. The terms and conditions of this AGREEMENT are binding upon the successors and
assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY and CEDC.
7. It is understood and agreed between the parties that CISD, in the use of the GRANT and
in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY
and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with
these actions. CISD agrees to indemnify and hold harmless the CITY and the CEDC from all
such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s
fees, of any nature whatsoever arising out of the CISD’s performance of the conditions under
this AGREEMENT.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3
8. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage pre-paid, certified mail, return receipt requested,
addressed to the party at the address set forth opposite the signature of the party.
9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for
any action concerning this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
10. 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 effect the other provisions, and the AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
EXECUTED this _______ day of _____________________, 2005.
CITY OF COPPELL, TEXAS
By: ______________________________________
JIM WITT, CITY MANAGER
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this _______ day of _____________________, 2005.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
ANTONIO ALTEMUS, PRESIDENT
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
ATTEST:
By: ______________________________________
SIGNED this ______ day of ________________, 2005.
COPPELL INDEPENDENT SCHOOL DISTRICT
By: ______________________________________
DR. JEFF TURNER, SUPERINTENDENT
Coppell Independent School District
200 S. Denton Road
Coppell, Texas 75019
ATTEST:
By: ______________________________________
CITY’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
2005, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 5
COPPELL EDUCATION DEVELOPMENT CORPORATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2005, by Antonio Altemus, President of the Coppell Education Development Corporation, on
behalf of said Corporation.
Notary Public, State of Texas
My Commission expires:
COPPELL INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2005, by Dr. Jeff Turner, Superintendent of Coppell Independent School District, on behalf of
said District.
____________________________________
Notary Public, State of Texas
My Commission expires:
_______________________
DEPT: City Manager
DATE: October 25, 2005
ITEM #: 12/D
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a grant between the City of Coppell, the Coppell Education
Development Corporation, and the Coppell Independent School District for literacy in the amount of $475,000.00,
and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS: Funds for this grant will be provided by the ½ cent sales tax proceeds for the
CEDC.
Agenda Request Form - Revised 09/04 Document Name: !Literary
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 1
STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION
§
COUNTY OF DALLAS § GRANT AGREEMENT
This Educational Development Grant Agreement (“AGREEMENT”) is made by and
between the City of Coppell, Texas (“CITY”), Coppell Education Development Corporation
(“CEDC”) and the Coppell Independent School District (the “CISD”), acting by and through
their respective authorized officers.
W I T N E S S E T H :
WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide
educational development grants to publicly funded institutions through the CEDC for the
promotion of literacy, foreign language and career technology for a skilled workforce; and
WHEREAS, the CITY seeks to support programs for promoting literacy, foreign
language and career technology for a skilled workforce; and
WHEREAS, the CISD has submitted a grant application No. 2005-L04 to provide
funding for nine (9) Literacy Intervention Support teachers in grades K-3 (the PROJECT); and
WHEREAS, the CISD has developed the PROJECT using trained, certified, effective
elementary teachers; and
WHEREAS, the PROJECT will provide additional classroom support in a small group
setting that is taught by literacy specialists to help students maximize their potential, accelerate
literacy skills and improve self-esteem and achievement; and
WHEREAS, CISD is in need of funding the salaries of nine (9) Literacy Intervention
Support Teachers, one (1) teacher per campus to develop literacy skills needed for academic
success and seeks the assistance of the CEDC for such assistance; and
WHEREAS, the CITY has determined that making an education development grant to
the CISD in accordance with this AGREEMENT will further the objectives of the CITY, will
benefit the CITY and the CITY’s inhabitants, and will promote literacy in the CITY.
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged on the terms and
conditions hereinafter set forth, the parties agree as follows:
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2
GENERAL PROVISIONS
1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to
provide the CISD an education development grant (the “GRANT”) in an amount not to exceed
Four Hundred Seventy-five Thousand Dollars and no cents ($475,000.00).
2.CISD agrees to utilize the GRANT to fund nine (9) Literacy Support Teachers, one (1)
teacher per campus to assist targeted students in grades K-3 to develop literacy skills needed for
academic success.
3.CITY agrees to provide the GRANT of Four Hundred Seventy-five Thousand Dollars
and no cents ($475,000.00) funds payable on a quarterly basis with the first payment to be made
in November 2005. Funds to be expended in accordance with the budget categories set forth in
the GRANT application.
4. On a quarterly basis beginning no later than January 31, 2006 the CISD shall submit a
detail list of expenditures for this GRANT to the CEDC. The detailed list of expenditures shall
include all personnel costs and other financial documents, which address the GRANT
expenditures by category as approved by the CEDC, and reflected in Item 3 of this
AGREEMENT. CISD shall also provide documentation related to the number of students
served, grade level served, and any changes in personnel during the period covered by this grant,
as well as any other information that reflects the success of the Literacy Intervention Support
Program.
5. In the event the CISD breaches any of the terms of this AGREEMENT or fails to use
the GRANT for the purposes set forth herein, then the CISD, after expiration of the notice and
cure period described herein, shall be in default of this AGREEMENT. As liquidated damages
in the event of such default, the CISD shall, within thirty (30) days after demand, repay to the
CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of
receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of
default would be speculative and difficult to determine. Upon breach by CISD of any
obligations under this AGREEMENT, the CITY shall notify the CISD in writing, who shall
have thirty (30) days from receipt of the notice in which to cure such default. If CISD fails to
cure the default within the time provided herein, or, as such time period may be extended, then
the CITY at its sole option, shall have the right to terminate this AGREEMENT without further
notice to the CISD.
6. The terms and conditions of this AGREEMENT are binding upon the successors and
assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY and CEDC.
7. It is understood and agreed between the parties that CISD, in the use of the GRANT and
in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY
and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with
these actions. CISD agrees to indemnify and hold harmless the CITY and the CEDC from all
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3
such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s
fees, of any nature whatsoever arising out of the CISD’s performance of the conditions under
this AGREEMENT.
8. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage pre-paid, certified mail, return receipt requested,
addressed to the party at the address set forth opposite the signature of the party.
9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for
any action concerning this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
10. 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 effect the other provisions, and the AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
EXECUTED this _______ day of _____________________, 2005.
CITY OF COPPELL, TEXAS
By: ______________________________________
JIM WITT, CITY MANAGER
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this _______ day of _____________________, 2005.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
ANTONIO ALTEMUS, PRESIDENT
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
ATTEST:
By: ______________________________________
SIGNED this ______ day of ________________, 2005.
COPPELL INDEPENDENT SCHOOL DISTRICT
By: ______________________________________
DR. JEFF TURNER, SUPERINTENDENT
Coppell Independent School District
200 S. Denton Road
Coppell, Texas 75019
ATTEST:
By: ______________________________________
CITY’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
2005, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 5
COPPELL EDUCATION DEVELOPMENT CORPORATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2005, by Antonio Altemus, President, Coppell Education Development Corporation, on behalf of
said corporation.
Notary Public, State of Texas
My Commission expires:
_______________________
COPPELL INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2005, by Dr. Jeff Turner, Superintendent of Coppell Independent School District, on behalf of
said District.
Notary Public, State of Texas
My Commission expires:
______________________
DEPT: City Manager
DATE: October 25, 2005
ITEM #: 12/E
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a grant between the City of Coppell, the Coppell Education
Development Corporation, and the Coppell Independent School District for foreign language (salaries) in the
amount of $225,000.00, and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS: Funds for this grant will be provided by the ½ cent sales tax proceeds for the
CEDC.
Agenda Request Form - Revised 09/04 Document Name: !Salaries
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 1
STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION
§
COUNTY OF DALLAS § GRANT AGREEMENT
This Educational Development Grant Agreement (“AGREEMENT”) is made by and
between the City of Coppell, Texas (“CITY”), Coppell Education Development Corporation
(“CEDC”) and the Coppell Independent School District (the “CISD”), acting by and through
their respective authorized officers.
W I T N E S S E T H :
WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide
educational development grants to publicly funded institutions through the CEDC for the
promotion of literacy, foreign language and career technology for a skilled workforce; and
WHEREAS, the CITY seeks to support programs for promoting literacy, foreign
language and career technology for a skilled workforce; and
WHEREAS, the CISD has submitted a grant application No. 2005-S02 to provide
funding for hiring 4.5 Spanish teachers to serve the nine elementary campuses (the PROJECT);
and
WHEREAS, the CISD has developed the PROJECT using certified Spanish teachers
who specialize in such field; and
WHEREAS, CISD is in need of funding the salaries of 4.5 Spanish teachers to provide
instruction in the Spanish language to students in grades K-5, and seeks the assistance of the
CEDC for such assistance; and
WHEREAS, the CITY has determined that making an education development grant to
the CISD in accordance with this AGREEMENT will further the objectives of the CITY, will
benefit the CITY and the CITY’s inhabitants and will promote foreign language in the CITY.
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged on the terms and
conditions hereinafter set forth, the parties agree as follows:
GENERAL PROVISIONS
1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to
provide the CISD an education development grant (the “GRANT”) in an amount not to exceed
Two Hundred Twenty-five Thousand Dollars and No Cents ($225,000.00).
2.CISD agrees to utilize the GRANT to fund 4.5 Spanish teachers to serve at nine CISD
campuses.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2
3.CITY agrees to provide the GRANT of Two Hundred Twenty-five Thousand Dollars
and No Cents ($225,000.00), funds payable on a quarterly basis with the first payment to be
made in November 2005. Funds to be expended in accordance with the budget categories set
forth in the GRANT application.
4. On a quarterly basis beginning no later than January 1, 2006 the CISD shall submit
personnel costs for this GRANT to the CEDC. The detailed expenditures shall include, but not
limited to, salaries, number of students served, grade levels actually served, copies of contracts,
and any changes in personnel during the period covered by this GRANT.
5. In the event the CISD breaches any of the terms of this AGREEMENT or fails to use
the GRANT for the purposes set forth herein, then the CISD, after expiration of the notice and
cure period described herein, shall be in default of this AGREEMENT. As liquidated damages
in the event of such default, the CISD shall, within thirty (30) days after demand, repay to the
CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of
receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of
default would be speculative and difficult to determine. Upon breach by CISD of any
obligations under this AGREEMENT, the CITY shall notify the CISD in writing, who shall
have thirty (30) days from receipt of the notice in which to cure such default. If CISD fails to
cure the default within the time provided herein, or, as such time period may be extended, then
the CITY at its sole option, shall have the right to terminate this AGREEMENT without further
notice to the CISD.
6. The terms and conditions of this AGREEMENT are binding upon the successors and
assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY and CEDC.
7. It is understood and agreed between the parties that CISD, in the use of the GRANT and
in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY
and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with
these actions. CISD agrees to indemnify and hold harmless the CITY and the CEDC from all
such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s
fees, of any nature whatsoever arising out of the CISD’S performance of the conditions under
this AGREEMENT.
8. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage pre-paid, certified mail, return receipt requested,
addressed to the party at the address set forth opposite the signature of the party.
9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for
any action concerning this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
10. 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,
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3
illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
EXECUTED this _______ day of _____________________, 2005.
CITY OF COPPELL, TEXAS
By: ______________________________________
JIM WITT, CITY MANAGER
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this _______ day of _____________________, 2005.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
Antonio Altemus, President
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
EXECUTED this ______ day of ________________, 2005.
COPPELL INDEPENDENT SCHOOL DISTRICT
By: ______________________________________
DR. JEFF TURNER, SUPERINTENDENT
Coppell Independent School District
200 S. Denton Road
Coppell, Texas 75019
ATTEST:
By: ______________________________________
CITY’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
2005, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 5
COPPELL EDUCATION DEVELOPMENT CORPORATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2005, by Antonio Altemus, President, Coppell Education Development Corporation, on behalf of
said Corporation.
Notary Public, State of Texas
My Commission expires:
________________________
COPPELL INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2005, by Dr. Jeff Turner, Superintendent of Coppell Independent School District, on behalf of
said District.
Notary Public, State of Texas
My Commission expires:
________________________
DEPT: City Manager
DATE: October 25, 2005
ITEM #: 12/F
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a grant between the City of Coppell, the Coppell Education
Development Corporation, and the Coppell Independent School District for foreign language in the amount of
$565,000.00, and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS: Funds for this grant will be provided by the ½ cent sales tax proceeds for the
CEDC.
Agenda Request Form - Revised 09/04 Document Name: !Spanish
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 1
STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION
§
COUNTY OF DALLAS § GRANT AGREEMENT
This Educational Development Grant Agreement (“AGREEMENT”) is made by and
between the City of Coppell, Texas (“CITY”), Coppell Education Development Corporation
(“CEDC”) and the Coppell Independent School District (the “CISD”), acting by and through
their respective authorized officers.
W I T N E S S E T H :
WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide
educational development grants to publicly funded institutions through the CEDC for the
promotion of literacy, foreign language and career technology for a skilled workforce; and
WHEREAS, the CITY seeks to support programs for promoting literacy, foreign
language and career technology for a skilled workforce; and
WHEREAS, the CISD has submitted a grant application No. 2005-S01 to provide
funding for hiring Spanish teachers for grades nine to twelve at the high school (the PROJECT),
to provide daily instruction in order to satisfy a state graduation requirement; and
WHEREAS, the CISD has developed the PROJECT using certified Spanish teachers
who specialize in such field; and
WHEREAS, CISD is in need of funding the salaries of eleven (11) Spanish teachers, and
seeks the assistance of the CEDC for such assistance; and
WHEREAS, the CITY has determined that making an education development grant to
the CISD in accordance with this AGREEMENT will further the objectives of the CITY, will
benefit the CITY and the CITY’s inhabitants and will promote foreign language in the CITY.
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged on the terms and
conditions hereinafter set forth, the parties agree as follows:
GENERAL PROVISIONS
1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to
provide the CISD an education development grant (the “GRANT”) in an amount not to exceed
Five Hundred Sixty-five Thousand Dollars and No Cents ($565,000.00).
2.CISD agrees to utilize the GRANT to fund eleven (11) Spanish teachers at Coppell High
School.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2
3.CITY agrees to provide the GRANT of Five Hundred Sixty-five Thousand Dollars and
No Cents ($565,000.00), funds payable on a quarterly basis with the first payment to be made in
November 2005. Funds to be expended in accordance with the budget categories set forth in the
GRANT application.
4. On a quarterly basis beginning no later than January 1, 2006 the CISD shall submit
personnel costs for this GRANT to the CEDC. The detailed expenditures shall include, but not
limited to, salaries, number of students served, grade levels actually served, copies of contracts,
and any changes in personnel during the period covered by this GRANT.
5. In the event the CISD breaches any of the terms of this AGREEMENT or fails to use
the GRANT for the purposes set forth herein, then the CISD, after expiration of the notice and
cure period described herein, shall be in default of this AGREEMENT. As liquidated damages
in the event of such default, the CISD shall, within thirty (30) days after demand, repay to the
CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of
receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of
default would be speculative and difficult to determine. Upon breach by CISD of any
obligations under this AGREEMENT, the CITY shall notify the CISD in writing, who shall
have thirty (30) days from receipt of the notice in which to cure such default. If CISD fails to
cure the default within the time provided herein, or, as such time period may be extended, then
the CITY at its sole option, shall have the right to terminate this AGREEMENT without further
notice to the CISD.
6. The terms and conditions of this AGREEMENT are binding upon the successors and
assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY and CEDC.
7. It is understood and agreed between the parties that CISD, in the use of the GRANT and
in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY
and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with
these actions. CISD agrees to indemnify and hold harmless the CITY and the CEDC from all
such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s
fees, of any nature whatsoever arising out of the CISD’S performance of the conditions under
this AGREEMENT.
8. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage pre-paid, certified mail, return receipt requested,
addressed to the party at the address set forth opposite the signature of the party.
9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for
any action concerning this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
10. 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,
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3
illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
EXECUTED this _______ day of _____________________, 2005.
CITY OF COPPELL, TEXAS
By: ______________________________________
JIM WITT, CITY MANAGER
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this _______ day of _____________________, 2005.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
Antonio Altemus, President
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
EXECUTED this ______ day of ________________, 2005.
COPPELL INDEPENDENT SCHOOL DISTRICT
By: ______________________________________
DR. JEFF TURNER, SUPERINTENDENT
Coppell Independent School District
200 S. Denton Road
Coppell, Texas 75019
ATTEST:
By: ______________________________________
CITY’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
2005, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 5
COPPELL EDUCATION DEVELOPMENT CORPORATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2005, by Antonio Altemus, President, Coppell Education Development Corporation, on behalf of
said Corporation.
Notary Public, State of Texas
My Commission expires:
________________________
COPPELL INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2005, by Dr. Jeff Turner, Superintendent of Coppell Independent School District, on behalf of
said District.
Notary Public, State of Texas
My Commission expires:
________________________
DEPT: Engineering
DATE: October 25, 2005
ITEM #: 12/G
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an ordinance abandoning a 538 square feet of right-of-way along the southeast side of Lot 52,
Block D Shadow Ridge Estates Fourth Increment (466 Harris Street); and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
The Engineering Department has been contacted concerning the abandonment of a portion of the existing right-of-
way easement on the southeast side of Lot 52, Block D Shadow Ridge Estates Fourth Increment (466 Harris
Street). The city has no utilities in this easement. The franchise utility companies have stated that they have no
utilities in the easement and no plans to utilize the right-of-way in the future.
Staff recommends approval of the abandonment of the 538 square feet of right-of-way and will be available to
answer any questions at the Council meeting.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: #466 Harris abandonment
MEMORANDUM
TO:Mayor and City Council
FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works
DATE: October 25, 2005
REF:Consider approval of an ordinance abandoning 538 square feet of right-of-way along
the southeast side of Lot 52, Block D Shadow Ridge Estates Fourth Increment (466
Harris Street); and authorizing the Mayor to sign.
Since early this year, the Engineering Dept. has been working with the property owner at 466
Harris Street concerning a proposed encroachment of a wall and fence into existing city right-of-
way. This particular piece of property has a prior history with the City of Coppell concerning
encroachments into the right-of-way.
On July 1, 1997, the City of Coppell approved a license agreement to allow an encroachment of
a pool, deck and fence into the right-of-way of Bethel School Rd. The encroachment was noted
during a re-survey of the property prior to a sale. The property owner had some concern about
the pool only being allowed via a license agreement which has termination clauses in favor of the
city. Therefore, the property owner subsequently requested that the City of Coppell abandon a
three-foot portion of the existing Bethel School Rd. right-of-way that included the pool and a
small portion of the existing deck. The three-foot abandonment of right-of-way was approved by
City Council on August 12, 1997.
When the pool was originally constructed, there was fill dirt placed in the yard and a wooden
wall built for support purposes with a fence built on top of the wooden wall. That wooden wall
is now deteriorating and the property owner is interested in replacing the wall with a modular
stone wall and replacing the existing fence.
The property owner has some concern that the prior approved license agreement could be a
detriment to the future sale of the property and is requesting that the City of Coppell abandon
sufficient right-of-way along Bethel School Rd. so that the proposed wall and new fence will be
entirely contained within property at 466 Harris Street. The included survey plat by Harry
Rowell shows the prior abandonment in 1997 that included the pool and a portion of the deck;
and the crosshatched areas show the proposed abandonment of an additional 538 square feet of
the Bethel School Rd. right-of-way. The abandonment of the right-of-way will take the property
line right up to the edge of the existing sidewalk along Bethel School Rd. The current wooden
wall and wooden fence is approximately one foot away from the edge of the sidewalk. Again, it
is allowed in the city right-of-way because of a prior license agreement approved by City
Council.
There are no utilities within this portion of the city's right-of-way and the city has no future plans
to widen and/or utilize the portion of the right-of-way requested to be abandoned. Because there
are no existing utilities and the city has no plans for the future use of this right-of-way and the
fact that the property owner is attempting to enhance the existing wall and fence adjacent to
Bethel School Rd., the Engineering Dept. has no objections to the city considering the
abandonment of the 538 square feet of right-of-way of Bethel School Rd. in favor of the adjacent
property owner at 466 Harris Street, providing the property owner purchases the right-of-way at
the fair market value of $1,235.25.
Staff will be available to answer any questions at the Council meeting.
1
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ABANDONING A RIGHT OF WAY EASEMENT, LOCATED ON
LOT 52, BLOCK D SHADOW RIDGE ESTATES FOURTH
INCREMENT AS DESCRIBED IN EXHIBITS "A" AND "B"
ATTACHED HERETO, IN FAVOR OF THE ABUTTING
PROPERTY OWNER; PROVIDING THAT SUCH ABANDONMENT
SHALL BE IN EXCHANGE FOR THE PAYMENT BY THE
ABUTTING PROPERTY OWNER OF THE FAIR MARKET VALUE
OF THE PORTION OF THE RIGHT OF WAY EASEMENT TO BE
ABANDONED; PROVIDING THAT SUCH ABANDONMENT
SHALL BE THE INTEREST WHICH THE CITY MAY LEGALLY
AND LAWFULLY ABANDON; PROVIDING THAT SAID
ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED THAT
MAY BE RECORDED WITH THE COUNTY CLERK OF DALLAS
COUNTY TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell has determined that the right of
way easement located on Lot 52, Block D Shadow Ridge Estates Fourth Increment, an
Addition to the City of Coppell, Texas and more particularly described in Exhibits "A" and
"B" attached hereto, is no longer needed for City services; and
WHEREAS, the abutting property owner desires that said right of way easement be
abandoned and in consideration thereof has agreed to pay to the City of Coppell, Texas, the
fair market value of the property as established by an appraisal; and
WHEREAS, a proper appraisal has been conducted establishing the fair market
value of the easement to be abandoned to be $1,235.25;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1.That the City Council of the City of Coppell, Texas has
determined that the right of way easement located on Lot 52, Block D Shadow Ridge Estates
Fourth Increment, an Addition to the City of Coppell, Texas, and more particularly described
in Exhibits "A" and "B", attached hereto and made a part hereof for all purposes, is no longer
needed or necessary for public purposes and should be, and is hereby, abandoned in favor of
the abutting property owner, in exchange for the payment of the fair market value of the
easement to be abandoned.
SECTION 2.That the fair market value of the said right of way easement being
abandoned has been determine by an appraisal to be $1,235.25.
2
SECTION 3.That upon payment of $1,235.25 to the City by the abutting
property owner, this abandonment ordinance shall constitute a Quitclaim Deed in favor of
the abutting property owner, and a certified copy of the same may be filed in the Deed
Records of Dallas County, Texas, to indicate such abandonment.
SECTION 4.That the abandonment provided for herein shall extend only to
the public right, title and interest which the City of Coppell, Texas, may have in and to said
utility easement, and shall be construed to extend only to such interests that the governing
body of the City of Coppell, Texas , may legally and lawfully abandon.
SECTION 5.That this ordinance shall become effective from and after its
passage as the law and charter in such case provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _____
day of __________, 2005.
APPROVED:
__________________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
__________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
DEPT: Finance
DATE: October 25, 2005
ITEM #: 12/H
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a Resolution accepting the proposal for City Depository and Banking
Services of Frost National Bank; and designating Frost National Bank as the City Depository; and adopting a
Depository Agreement, and authorizing the its execution by the City Manager; and authorizing the Mayor to sign
the Resolution.
GOAL(S):
EXECUTIVE SUMMARY: See attached memo and analysis.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: $BankBid-1AR(Consent)
MEMORANDUM
Date:October 19, 2005
To:Mayor & City Council
From:Jennifer Armstrong, Director of Finance
Via:Jim Witt, City Manager
Subject:Depository Contract for the Period December 1, 2005 through
November 30, 2010
Submitted for your consideration and approval is a resolution awarding the Bank Depository
Contract to Frost National Bank. The depository agreement is for a five- (5) year period
beginning December 1, 2005 and ending on November 30, 2010. The bank awarded the contract
will provide banking and related services to the City during the term of the agreement.
Sealed bids were received from Frost National Bank, Comerica, Bank of America, Bank of
Texas and J P Morgan Chase. The sealed bids were opened and publicly accepted on September
6, 2005. The bids have been reviewed and evaluated, and a copy of staff’s analysis of the
proposals has been included in your packet.
Based on our analysis, the bid presented by Frost National Bank is the most cost effective, will
provide the highest level of customer service, and is of the greatest overall benefit to the City.
Coppell should experience a 30 to 40 percent reduction in our monthly service fees under the
terms of this new agreement. Frost has also agreed to increase the rate of interest to 95 percent of
the Fed Fund rate on our overnight automated sweep to a repurchase agreement.
Therefore, based on the account analysis calculations, the overnight repurchase agreement
interest rate and other considerations, staff recommends the Bank Depository Contract be
awarded to Frost National Bank for the period of December 1, 2005 through November 30, 2010.
City of CoppellDepository ContractCost Analysis for ServicesFrost National Frost Bank of B of A JP Morgan Bank of B of Texas ComericaService Quantity Bank Cost America Cost J P Morgan Cost Texas Cost Comerica CostAccount Maintenance5 4.00$ 20.00$ 10.00$ 50.00$ 5.00$ 25.00$ 5.00$ 25.00$ 11.70$ 58.50$ Statements Rendered6 - - - - - - - 4.55 27.30 Credits Posted810 0.20 162.00 0.30 243.00 0.30 243.00 0.20 162.00 0.4225 342.23 Controlled Disbursements1 25.00 25.00 125.00 125.00 20.00 20.00 75.00 75.00 Balance & Activity Services1 50.00 50.00 25.00 25.00 5.00 5.00 - - - - Special Signature Req - Base2 3.00 6.00 - - 10.00 20.00 - - Not Available - Special Signature Req - Items1,178 0.03 35.34 - - - - - - Not Available - Debits Posted1,925 0.03 57.75 0.08 154.00 0.08 154.00 0.10 192.50 0.104 200.20 Deposits Min Change Order1 5.00 5.00 2.00 2.00 - - 5.00 5.00 ON US Items397 0.03 11.91 0.02 7.94 0.025 9.93 - - 0.0195 7.74 Teller - OTC123 1.00 123.00 2.00 246.00 0.30 36.90 - - 0.4225 51.97 Local RCPC2,135 0.04 85.40 0.02 42.70 0.025 53.38 0.04 85.40 0.039 83.27 Other 11th Fed City 172 0.05 8.60 0.03 5.16 0.025 4.30 0.04 6.88 0.0455 7.83 Local Statewide Clearings4,713 0.04 188.52 0.01 47.13 0.025 117.83 0.04 188.52 0.065 306.35 Transit Clearing1,576 0.05 78.80 0.03 47.28 0.025 39.40 0.04 63.04 0.065 102.44 11th Fed RCPC Items124 0.05 6.20 0.03 3.72 0.025 3.10 0.04 4.96 0.0455 5.64 11th Fed Country Items23 0.05 1.15 0.03 0.69 0.025 0.58 0.04 0.92 0.0455 1.05 Local City Items305 0.035 10.68 0.01 3.05 0.025 7.63 0.04 12.20 0.0325 9.91 Deposit Corrections5 2.00 10.00 3.00 15.00 2.00 10.00 5.00 25.00 3.4125 17.06 Returned Items14 1.00 14.00 2.00 28.00 2.00 28.00 1.50 21.00 3.25 45.50 w/Telephone Notification 5.00 - N/A 5.00 - - Reclear30 1.00 30.00 2.00 60.00 2.00 60.00 1.50 45.00 2.7625 82.88 Stop Payments1 5.00 5.00 1.00 1.00 5.00 5.00 5.00 5.00 7.80 7.80 Wire Transfers Repetitive 5.00 - Non-Repetitive28 7.00 196.00 4.00 112.00 3.00 84.00 5.50 154.00 5.25 147.00 Phone Call Notification - 5.00 - - - - Book Transfer - Non Rep2 4.00 8.00 4.00 8.00 2.00 4.00 0.50 1.00 0.65 1.30 Incoming Fed Wires4 5.00 20.00 4.00 16.00 5.00 20.00 5.00 20.00 6.50 26.00 Wire Advices Mailed12 1.50 18.00 1.00 12.00 1.00 12.00 - - 3.90 46.80 CM Account Transfer15 - 2.00 30.00 - - 0.50 7.50 0.65 9.75 Nurmerical Check SortCD ROM Service per Disk1 5.00 5.00 - 25.00 25.00 16.25 16.25 CD Rom - Per Item2,391 0.02 47.82 0.02 47.82 0.03 71.73 0.02 47.82 0.0293 70.06 Cash Manager Images8 0.05 0.40 0.02 0.16 1.00 8.00 - - 0.2275 1.82
City of CoppellDepository ContractCost Analysis for ServicesFrost National Frost Bank of B of A JP Morgan Bank of B of Texas ComericaService Quantity Bank Cost America Cost J P Morgan Cost Texas Cost Comerica CostReadyPay Svcs/Positive Pay 1,673 - - 0.05 83.65 0.08 133.84 Flat Fee 80.00 Flat Fee 39.50 Positive Pay Rejects1 0.10 0.10 - - - - Flat Fee 5.00 0.65 0.65 Software 1 - - ACH Services Monthly Fee1 10.00 10.00 25.00 25.00 25.00 25.00 5.00 5.00 16.25 16.25 Origination - Transmission3,201 0.04 128.04 0.05 160.05 0.08 256.08 0.06 192.06 0.078 249.68 Credits Posted411 0.06 24.66 0.10 41.10 0.30 123.30 0.08 32.88 0.4225 173.65 Debits Posted283 0.06 16.98 0.10 28.30 0.08 22.64 0.08 22.64 0.104 29.43 ACH Return Item8 1.00 8.00 3.50 28.00 5.00 40.00 2.00 16.00 2.60 20.80 Entry Reversal1 10.00 10.00 7.50 7.50 20.00 20.00 5.00 5.00 13.00 13.00 ACH Addendum Record5 0.05 0.25 0.01 0.05 - - 5.00 25.00 0.0195 0.10 ACH Debit/Credit to ACH File6 0.04 0.24 Automated Balance ReportingPrevious Day Maintenance 1 10.00 10.00 50.00 50.00 Previous Day Items2,423 0.02 48.46 0.08 193.84 0.03 72.69 0.026 63.00 Sweep Account1 50.00 50.00 50.00 50.00 - - 50.00 50.00 50.00 50.00 Zero Balance Account1 10.00 10.00 10.00 10.00 16.25 16.25 ZBA Transfer - Credits10 0.4225 4.23 ZBA Transfer - Debits19 - - 5.00 95.00 - - 10.00 10.00 0.104 1.98 Investment Custody Services Account Maintenance 1 10.00 10.00 10.00 10.00 - - - - Account Billing Fees 1 25.00 25.00 - - - - Clearing Fees 2 20.00 40.00 50.00 100.00 25.00 50.00 - - Late Delivery Fees 25.00 - - - - - Change Delivery Fees 25.00 - - - - - Asset Value as of M/E p/$10,000 3,800 0.01 38.00 Transaction Fees 2 10.00 20.00 16.50 33.00 40.00 80.00 - - Pledging- Pledge 1 - - 20.00 20.00 - - - - - Release 1 - - 20.00 20.00 - - - - - Substitution 1 - - - - - - - -
City of CoppellDepository ContractCost Analysis for ServicesFrost National Frost Bank of B of A JP Morgan Bank of B of Texas ComericaService Quantity Bank Cost America Cost J P Morgan Cost Texas Cost Comerica CostTotal Monthly Checking Cost 1,639.30$ 2,064.30$ 1,997.46$ 1,624.01$ 2,480.13$ Sweep/Repo Analysis 95% - Feds Fund Rate No Stated Rate 85% of Fed Funds Equiv to 85% of Fed Funds RateChecking Interest Rate 91 day T-Bill + 45 pts 91 day T-Bill - 15 pts 91 Day T-Bill 91 Day T-Bill 85% of Fed Funds Rate Funds Availability Same Day Ledger Credit Current Day Ledger Immediate CreditInitial Start-up Assistance Initial 90 Day Waiver of Fees 2,500$ Initial 30 Day Waiver of Fees4,917.89$ 1,624.01$
City of CoppellDepository Bid Analysis - FrostOctober-05Scoring Range 0 - 4Criteria Ability to perform requested servicesWeight 20%Score Able to perform: 4 0.80 Criteria Cost of proposed servicesWeight 15%Score Low Bid after start-up grant: 4 0.60 Criteria Effective rates paid on repo Weight 10%Score Highest stated rate for overnight repo: 4 0.40 Criteria Quality of Reports RequestedWeight 10%Score Meets Requirements: 3 0.30 Criteria Securities Clearance & SafekeepingWeight 10%Score Middle: 2 0.20 Criteria Ability to provide Cash Mgmt servicesWeight 10%Score Can provide requested services: 4 0.40 Criteria Experience with Local Governments & LocationWeight 15%Score Numerous Governmental Customers: 4 0.60 Criteria Completeness of Bid DocumentsWeight 10%Score Complete: 4 0.40 Total Score 3.70
City of CoppellDepository Bid Analysis - Bank of AmericaOctober-05Scoring Range 0 - 4Criteria Ability to perform requested servicesWeight 20%Score Able to perform: 4 0.80 Criteria Cost of proposed servicesWeight 15%Score 2nd Highest: 2 0.30 Criteria Effective rates paid on repo Weight 10%Score No Stated Rate: 1 0.10 Criteria Quality of Reports RequestedWeight 10%Score Meets Requirements: 3 0.30 Criteria Securities Clearance & SafekeepingWeight 10%Score Highest Cost: 1 0.10 Criteria Ability to provide Cash Mgmt servicesWeight 10%Score Can provide requested services: 4 0.40 Criteria Experience with Local Governments & LocationWeight 15%Score Numerous Governmental Customers: 4 0.60 Criteria Completeness of Bid DocumentsWeight 10%Score Complete: 4 0.40 Total Score 3.00
City of CoppellDepository Bid Analysis - JP MorganOctober-05Scoring Range 0 - 4Criteria Ability to perform requested servicesWeight 20%Score Able to perform: 4 0.80 Criteria Cost of proposed servicesWeight 15%Score Middle: 2 0.30 Criteria Effective rates paid on repo Weight 10%Score 85% of Feds Fund Rate: 2 0.20 Criteria Quality of Reports RequestedWeight 10%Score Meets Requirements: 3 0.30 Criteria Securities Clearance & SafekeepingWeight 10%Score Middle: 2 0.20 Criteria Ability to provide Cash Mgmt servicesWeight 10%Score Can provide requested services: 4 0.40 Criteria Experience with Local Governments & LocationWeight 15%Score Numerous Governmental Customers: 4 0.60 Criteria Completeness of Bid DocumentsWeight 10%Score Complete: 4 0.40 Total Score 3.20
City of CoppellDepository Bid Analysis - Bank of TexasOctober-05Scoring Range 0 - 4Criteria Ability to perform requested servicesWeight 20%Score Able to perform: 4 0.80 Criteria Cost of proposed servicesWeight 15%Score Very Competitive w/Frost: 4 0.60 Criteria Effective rates paid on repo Weight 10%Score 85% of Feds Fund rate: 2 0.20 Criteria Quality of Reports RequestedWeight 10%Score Meets Requirements: 3 0.30 Criteria Securities Clearance & SafekeepingWeight 10%Score No Charge: 4 0.40 Criteria Ability to provide Cash Mgmt servicesWeight 10%Score Can provide requested services: 4 0.40 Criteria Experience with Local Governments & LocationWeight 15%Score Numerous Governmental Customers: 4 0.60 Criteria Completeness of Bid DocumentsWeight 10%Score Complete: 4 0.40 Total Score 3.70
City of CoppellDepository Bid Analysis - ComericaOctober-05Scoring Range 0 - 4Criteria Ability to perform requested servicesWeight 20%Score Able to perform: 4 0.80 Criteria Cost of proposed servicesWeight 15%Score Highest: 1 0.15 Criteria Effective rates paid on repo Weight 10%Score No Stated Repo Rate: 1 0.10 Criteria Quality of Reports RequestedWeight 10%Score Meets Requirements: 3 0.30 Criteria Securities Clearance & SafekeepingWeight 10%Score No Charge: 4 0.40 Criteria Ability to provide Cash Mgmt servicesWeight 10%Score Can provide requested services: 4 0.40 Criteria Experience with Local Governments & LocationWeight 15%Score Numerous Governmental Customers: 4 0.60 Criteria Completeness of Bid DocumentsWeight 10%Score Complete: 4 0.40 Total Score 3.15
1
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS,
APPROVING THE BANK DEPOSITORY AGREEMENT AND DESIGNATING FROST
NATIONAL BANK AS THE CITY DEPOSITORY; ADOPTING THE PROPOSAL
ATTACHED HERETO AND MADE PART OF; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City has given notice and requested proposals from all the banks doing
business within the City for provision of the City’s depository and banking services, and
WHEREAS, applications were received, opened and publicly accepted on September 6,
2005;
WHEREAS, after review and consideration of the proposals received, it is the determination
of the City Council that Frost National Bank be designated as the City Depository.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1.
That the proposal for City depository and banking services submitted by Frost National
Bank be the agreement for City depository and banking services, and attached hereto and made a
part hereof for all purposes be and the same are hereby approved.
SECTION 2.
That Frost National Bank shall be designated as the Depository for the funds of the City
of Coppell, Texas, from and after the execution of the depository agreement and the effective
date set forth therein.
SECTION 3.
That the bank shall qualify as a Depository by providing security for the City’s funds to
be deposited with the bank within five (5) days after the date of the execution and return of the
resolution by the bank in accordance with State Law.
2
SECTION 4.
That the City Manager is hereby authorized to execute the agreement attached hereto
and any other documents necessary to enter into the Depository Agreement designating Frost
National Bank as the City’s Depository Bank. This agreement is for a five (5) year period beginning
December 1, 2005 and ending November 30, 2010.
DULY PASSED AND ADOPTED by the City Council of the City of Coppell, Texas, on
the ______ day of ________________, 2005.
CITY OF COPPELL, TEXAS
______________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
______________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
____________________________________
ROBERT E. HAGER, CITY ATTORNEY
DEPOSITORY AGREEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENT:
COUNTY OF DALLAS §
This agreement is made and entered into by and between the City of Coppell, Texas (hereinafter
referred to as "City"), and Frost National Bank (hereinafter referred to as "Bank"), and to which witness
the following:
WHEREAS, the City received bids from banks desiring to be designated as the City
Depository; and
WHEREAS, on the 25th day of October, 2005, the Bank was designated as the City Depository
for the City; now, therefore, in consideration of the mutual benefits, consideration, covenants and
conditions contained herein, the parties agree as follows:
1. TERMS
The Bank has been duly selected by the City as the Depository of certain funds of the City from
the 1st day of December, 2005, through the 30th day of November 2010, or thereafter until the
successor depository shall have been duly selected and qualified according to state law. This contract
shall be automatically extended up to ninety (90) days if the City is actually proceeding with re-bidding
procedures but, for whatever reason, cannot finalize the bidding or selection process by the end of the
contract period.
2. TERMINATION
The Bank or City may cancel this agreement at any time upon ninety (90) days prior written
notice of its intent to terminate.
3. BANKING SERVICES TO BE PROVIDED
The Bank agrees to provide the following materials and services without charge (Unless
otherwise provided for in the attached Schedule of Fees):
A. Customary demand deposit account services for as many accounts as may be required
by the City. All account analysis charges will be waived for the first 90 days (three
months) for the depository contract.
B. Provide complete investment services including assistance in acquiring investment
securities, counseling, reporting and safekeeping services for securities owned.
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C. Provide bank money orders, traveler's checks and cashier checks as required by the
City.
D. Provide a night depository and locking depository bags.
E. All checks deposited by the City that do not clear the first time shall be submitted a
second time before returning them to the City. Returned checks that don’t clear on
the second attempt shall be returned to the City within two business days. The City
shall receive same day telephone notification of all returned items in excess of
$5,000.
F. Provide stop payment services via telephone or on-line notification.
G. Provide wire transfer service. It is understood that the City of Coppell uses the wire
transfer service as a means of accelerating various types of payments within one (1)
hour of secondary approval.
H. Provide monthly bank statements on each account within five (5) working days of
closing date to the City of Coppell, Attn. Finance Dept, P.O. Box 9478, Coppell, TX
75019. Statements are to reflect transactions beginning with the first day of the
month and ending with the last day of the month and include all accompanying
checks and deposit tickets in numerical order. The City requires the copies of cleared
checks be provided on CD-ROM.
I. Provide collected and ledger balances as often as daily.
J. Provide ledger credit on the same day as deposits occur (holidays and weekends
excepted). This includes same day credit on wire transfers on funds from Federal
and State Governments, and same day credit on warrants issued by the State
Comptroller.
K. Provide remittance service to various paying agents for required principal and/or
interest payments on bonds.
L. Monitor City investment securities held by depository bank to provide same day
credit to the appropriate City account(s) automatically upon maturities, and provide
deposit slips at maturity dates.
M. Honor Federal Reserve depository transfer checks drawn on the City's account which
are authorized by the City.
N. Provide coin wrappers and accept bulk coins for deposit.
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O. Provide fire proof safekeeping and storage of City back-up data.
P. Provide courtesy of cashing City employee's payroll checks.
Q. Provide free checking accounts for City employees.
R. Provide direct deposit payroll for City employees.
S. Other Banking services available to full-time employees. (Attached)
T. Supply deposit slips according to quality, quantity, design and specifications
established by the City.
U. Lock Box services when required.
V. ACH services when required with Blocking/Filtering Capabilities.
W. Daylight Overdrafts when required.
X. Controlled Disbursement Accounts.
Y. Zero Balance Accounts
Z. Positive Pay services including payee comparison at no charge.
AA. PC On-Line Banking
BB. All other Bank services without charge except for those prohibited by State or
Federal regulations or stated in the Schedule of Fees.
4. DEMAND ACCOUNTS
Demand Deposit Account:
This account will receive all deposits and wires. The Bank will initiate all transfers to the
zero balance accounts daily. The rate of interest per annum the Depository shall pay the City
is 35 basis points below the previous month’s average of the three month U.S. Treasury Bills
at weekly auction. In no event shall the interest rate be less than 2% during the term of this
agreement.
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5. CONTROLLED DISBURSEMENT ACCOUNTS
General Account:
This account will receive deposits transferred from the Operating Account for payment of
the City's expenses.
6. ZERO BALANCE ACCOUNTS
Payroll Account:
This account will receive deposits transferred from the operating account for payment of the
City's payroll.
Self Funded Health Plan:
This account will receive deposits transferred from the operating account for payment of
insurance claims.
7. INTEREST RATE ON LOANS TO THE CITY
Loans will be made to the City based on credit at a rate negotiated per annum to pay current
operating expenditures as may be appropriated by ordinance with such loans to be repaid out
of the first current tax collection.
Loans will be made to the City based on credit at the rate negotiated per annum to pay non-
operating expenditures and/or purchase equipment or other expenditures as may be
appropriated by ordinance with such loans to be repaid on a scheduled basis as agreed to by
the City and by the bank.
8. OVERDRAFTS IN DEMAND ACCOUNTS
In the event a check is presented on any City account where there exists insufficient funds
available for payment, the City will require the Depository to pay said checks and promptly
notify the Finance Department regarding the overdraft position. To the extent that overdrafts
do exceed balances in other demand accounts, we will be charged Frost National Bank's
Prime Rate per annum interest thereon. There is no charge for daylight overdrafts.
9. COLLATERAL SECURITIES FOR DEPOSITS
The Bank shall furnish to the City collateral in an amount and conditioned as provided by the
laws of Texas and pursuant to the Bank’s “Security Agreement”. The City will accept as
collateral for its certificates of deposits and other evidences of deposit the following
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securities: (All securities should be rated as to investment quality by a nationally recognized
investment rating firm and having received a rating of not less than "A" or its equivalent).
(The pledged securities must conform with the Public Funds Investment Act as amended,
which includes but is not limited to the following).
A. Obligations of the United States of American, its agencies and instrumentalities.
B. Direct obligations of the State of Texas or its agencies and instrumentalities.
C. Other obligations, the principal of and interest on which are unconditionally
guaranteed by the State of Texas or United States of America.
D. Obligations of the State, agencies thereof, Counties, Cities, and other political
subdivisions of any state having been rated as investment quality by a nationally
recognized investment rating firm, and having received a rate of not less than "A" or
its equivalent.
Certificates of Deposit and other evidences of deposit shall be collateralized at market or par,
whichever is lower, for U.S. Treasury Bills, Notes and Bonds with a remaining maturity of
three years or less and at 105% of market or par, whichever is lower, for other securities. All
funds on deposit with the Bank to the credit of the City shall be secured by the Bank in
accordance with and as provided for the in the Texas Public Funds Collateral Act (Chapter
2257 of the Texas Government Code, as amended).
Collateral may be audited at least annually by the city's independent accountants and may be
audited by the City at any time during normal business hours of the safekeeping bank. The
audit of the collateral by the City's independent accountants of the City is to ascertain that
Governmental Accounting Standards Board Statement #3 is adhered to and the financial
institution is complying accordingly.
The financial institution with which the City invests and/or maintains other deposits shall
provide monthly, and as requested by the City, a listing of the City's certificates of deposit
and other deposits at the institution and listing of the collateral pledged to the City marked to
current market prices. The listing shall include total pledged securities itemized by:
Name
Type/description
Par Value
Current Market Value
Maturity Date
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The City and the financial institution shall assume responsibility for ensuring that collateral
is sufficient. When the need for collateral with the Bank is expected to increase on any given
day or over a series of days, the City hereby agrees to notify the Bank of such expected
increase at least one business day prior to the expected date the additional deposits are
expected to be received.
The Depository may substitute approved securities in the pledge account so long as the total
value of securities pledged meets the required levels. Substitutions may be made after
obtaining written authorization from the Director of Finance of the City of Coppell or his/her
appointed designee. The Depository may also request permission to release securities
whenever the total amount pledged is in excess of the City's requirements. There will be no
charge for pledging, releasing, substituting and safekeeping of securities used to collateralize
the City’s accounts.
The City will require the Bank to attach to the contract the certified resolutions of the board
of directors that set forth the City’s security interest in the collateral supporting City deposits
as required in the Collateral Provision of FIRREA. The certification must meet all of the
requirements of FIRREA and FDIC policies that apply to the City’s security interest in the
pledged collateral and must specify the officers of the Bank who are authorized to sign
agreements with the City.
10. SAFEKEEPING
Securities pledged as collateral for certificates of deposit or other evidences of deposit and
for repurchase agreements shall be retained in safekeeping in a third party safekeeping bank
in the State of Texas, Federal Reserve Bank, or the Federal Home Loan Bank at no charge to
the City. The investments purchased by the City, may be retained in a third party safekeeping
bank or in the depository bank's trust department in the city's name. The City, the financial
institution, and the safekeeping bank (s) shall operate in accordance with a “Safekeeping
Agreement” signed by all three parties. The City shall always hold the original safekeeping
receipt for its investments and for pledged collateral. The City's designated official (s) must
approve release of collateral in writing prior to its removal from the safekeeping account.
The “Safekeeping Agreement” shall clearly state the Federal Reserve Bank or the
safekeeping bank is instructed to release the collateral to the City if the City has determined
the Bank has failed to pay on any accounts, has been closed by a regulatory authority, or is in
default of this agreement, and if the instructions for release have been formally requested by
the City’s governing body.
The “Safekeeping Agreement” shall have the signatories from the Federal Reserve Bank as
trustee, the Bank and the City.
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11. INVESTMENTS
The City of Coppell intends to manage its own investment portfolio. Therefore, the City
reserves the right to withdraw, from time to time, any amount of funds of the City on deposit
in any City account to invest those funds in accordance with the City's investment policy.
A. Investments - General
All investment decisions shall be approved by the City before execution. The City may
order investments either by phone or by written notification.
All investments purchased by the City shall be purchased "delivery versus payment". That
is, the City shall authorize the release of it's funds only after it has received notification from
the safekeeping bank that a purchased security has been received in the City's safekeeping
account. This notification may be oral, but will be followed up in writing with the original
safekeeping receipt.
The City must have confirmation from its safekeeping bank that collateral pledged from a
financial institution is in the City's account before investing in Certificates of Deposit or
other evidences of deposit at the financial institution. The confirmation may be oral, but
must be followed up in writing with the original safekeeping receipt. There will be no
safekeeping fees when the Bank serves as the City’s broker/dealer on an individual
investment.
B. Investments - Repurchase Agreements
The Bank agrees to sell those U.S. Securities in which the City can legally invest its excess
demand deposit balances to the City, on or before 3:00 p.m. each regular business day to
provide overnight and weekend investments to the City through the use of an automatic
sweep to a "repurchase agreement," and simultaneously, with the sale, agrees to repurchase
on or before 11:00 a.m. on the next following day of business, the same securities at the
same price as sold, with interest calculated on the invested amount. Bank holidays falling on
Friday or Monday will be included in the weekend "Repurchase Agreement" and the interest
calculation for a weekend "Repurchase Agreement", including bank holiday, will be
calculated on the invested amount.
Interest earnings resulting from each repurchase agreement shall be paid to the City on the
day of repurchase by providing deposit slips showing each account and the amount of
interest deposited to the account.
- 8 -
The Bank agrees to pay the City interest on each repurchase agreement at the rate of 95% of
the Fed Fund rate on the date which the repurchase agreement is executed. The City reserves
the right to enter into repurchase agreements for periods of time longer than overnight and
weekends as may be agreed upon by the financial institution and the City.
12. TIME DEPOSIT MATURITIES OCCURRING SUBSEQUENT TO DEPOSITORY
AND BANK SERVICES AGREEMENT TERMINATION DATE
All time deposits, certificates of deposit or other investment securities which have not
matured on the termination date of the finally approved depository contract shall remain on
deposit with the same depository under the same terms and conditions in effect during said
contract until the date such time deposits have matured.
13. DEPOSIT OF FUNDS
The City pledges to the depository that all funds over which the City has control will be
deposited in the depository bank. The Bank agrees that the City reserves the right to invest
the City's funds in lawful securities other than depository issued certificates of deposit with
full cooperation of the depository bank. If requested by the City, depository bank agrees to
assist the City in investing funds which are not invested in depository bank issued
certificates of deposit.
14. MISCELLANEOUS
A. The Bank shall use its best efforts to notify the City in writing within ten (10) days of
any changes in federal or state regulations or laws that would thereafter materially
affect the depository agreement. The Bank shall also notify the City of any services
that become available to the City throughout the contract.
B. This contract is governed by the laws of the State of Texas. Venue for any action to
construe or enforce this Agreement shall be in Dallas County, Texas.
C. There shall be a review of the services of the Bank at least annually to evaluate the
working relationship between the City and the Bank. The objective of the review
shall be to address any problems or issues, and to discuss the procedures involved in
reaching a mutual resolution.
D. The Bank will ensure this Agreement has been approved by the Board of Directors
and such approval is evidenced by a resolution of the Bank’s Board of Director’s
adopted at the meeting at which this Agreement was approved. This action is further
reflected in the minutes of such meeting and such approval is binding on the Bank.
- 9 -
E. Any notice required to be given by any term of this Agreement or otherwise may be
given as follows:
City of Coppell
Attention: Jennifer Armstrong, Director of Finance
P.O. Box 9478
Coppell, Texas 75019
Frost National Bank
Attention: Tom Frost, III, Executive Vice-President
P O Box 1600
San Antonio, TX 78296
EXECUTED in duplicate originals this ___ day of ________________, 2005.
FROST NATIONAL BANK
By: _______________________________
ATTEST:
By: _________________________________
Secretary
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CITY OF COPPELL, TEXAS
By: _________________________________
Jim Witt, City Manager
ATTEST:
By: _________________________________
Libby Ball, City Secretary
APPROVED AS TO FORM:
______________________________
Robert E. Hager, City Attorney
ADMIN\DEPOSTRY.AGM
DEPT: Human Resources
DATE: October 25, 2005
ITEM #: 12/I
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of signing an Interlocal Purchasing Agreement between City of Coppell and
Dallas County, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: Interlocal Agreement between City
of Coppel and Dallas County
MEMORANDUM
TO:Vivyon Bowman, Director Administrator of Human Resources
FROM: Jerod Anderson, Purchasing Agent
DATE:October 17, 2005
REF: Interlocal Agreement with Dallas County
Permitted under the authority of Chapter 271 V.T.C.A, Local Government Code, Cooperative
Purchasing Program and Sections 791.001-791.029 of the Texas Government Code we would
like to create an Interlocal Agreement with Dallas County. Dallas County has awarded contracts
for several items, including pavement sealer. The Interlocal Agreement would allow the City of
Coppell to purchase from these contracts and any future contracts if they are favorable for the
city. This program is similar to the many other Interlocal Agreements that the City currently
participates in.
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF COPPELL AND DALLAS COUNTY, TEXAS
This agreement is made this ___________ day of __________, 2005, between the City of
Coppell, Texas and Dallas County, Texas, both acting through their duly authorized
agents:
WHEREAS, the contract is made as permitted under the authority of Chapter 271
V.T.C.A, Local Government Code, Cooperative Purchasing Program and Sections
791.001-791.029 of the Texas Government Code. The Cities of Coppell and Dallas
County wish to enter into this Interlocal Agreement to set for the terms and conditions
upon which the Cities of Coppell and Dallas County may purchase various goods and
services commonly utilized by both entities; and
NOW, THEREFORE, in consideration of the foregoing and the mutual promises,
covenants and obligations as set forth herein, the Cities of Coppell and Dallas County
agree as follows:
WITNESSETH:
1. The Cities of Coppell and Dallas County will work cooperatively to provide a
program for the purchase of various goods and services commonly utilized by both
Cities (the Cooperative Purchasing Program), and under such Program may purchase
goods and services from vendors under present and future contracts with either or
both entities.
2. The Cities of Coppell and Dallas County may enter into individual contracts with
vendors under the Cooperative Purchasing Program provided for under this
Agreement. The Cities shall be individually responsible for payment directly to the
vendor and for the vendor’s compliance with all conditions of delivery and quality of
purchased items under such individual contracts.
3. The term of this Agreement shall become effective on the date of execution and
continue in full force and effect thereafter until terminated by either party on thirty
(30) days written notice to the other party.
EXECUTED by the parties hereto on the day and year first above written:
City of Coppell Dallas County
By By
Title Title
Date Date
DEPT: Human Resources
DATE: October 11, 2005
ITEM #: 12/J
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of awarding Bid No. Q-0905-01 for Newspaper advertising to the Citizens’
Advocate for the period October 2005 to October 2006, with the option to extend the Contract for (4) four additional
one year periods as it deems to be in the best interest of the City, and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: Newspaper Advertisement
CITY OF COPPELLBID NO. Q-0905-01NEWSPAPER ADVERTISING SPECIFICATIONS AND BID TABULATIONPAGE 1Citizens Advocate Coppell Gazette1. Notice of Competitive Sealed Bids/ProposalsNotice of competitive sealed bids/proposals must be published at least once a week fortwo consecutive weeks in a newspaper published in the municipality. The date of the firstpublication must be before the 14th day before the date set to let the contract. Yes NoYES YES2. Notice of Sale of Surplus or Salvage PropertyNotice of a sale of surplus or salvage property must be published on or after the 30th daybut before the 10th day before the date of the sale in a newspaper of general circulation in theCity. Yes NoYES YES3. Notice of ElectionNotice of election must be published in the territory that is in the jurisdiction of theauthority responsible for giving the notice or in a newspaper of general circulation in theterritory if none is published in the jurisdiction of the authority responsible for giving the notice.This notice must be published at least once, not earlier than the 30th day or later than the 10thday before election day. Yes NoYES YES4. Notice of Election Precinct Boundary ChangeNotice of election precinct boundary change must be published in a newspaper in the Cityonce a week for three consecutive weeks beginning with the first week following the week inwhich an order changing a City election precinct boundary is adopted. Yes NoYES YES5. Notice of Tabulation TestNotice of tabulation test must be published at least 48 hours before the date of the test in anewspaper published in the territory that is covered by the election and ins in the jurisdiction ofthe authority responsible for giving the notice or in a newspaper of general circulation in theterritory if none is published in the jurisdiction of the authority responsible for giving the notice.Yes NoYES YES
CITY OF COPPELLBID NO. Q-0905-01NEWSPAPER ADVERTISING SPECIFICATIONS AND BID TABULATIONPAGE 26. Notice of Sale of Real EstateNotice of sale of real estate must be published in the English language once a week forthree consecutive week preceding such sale, in some newspaper published in said City. Thefirst of said publications must appear not less than twenty days immediately preceding the dayof sale. Such newspapers shall be entitled to charge for such publication at a rate equal to butnot in excess of the published word or line rate of that newspaper for such class of advertising.Yes NoYES YES7. Notice of Abandoned VehicleNotice of abandoned vehicle must be by one publication in one newspaper of generalcirculation in the area where the motor vehicle was abandoned. The notice by publication maycontain multiple listings of abandoned vehicles, must be published within the time requirementsprescribed for notice by certified mail, and must have the same contents required for a notice bycertified mail. Yes NoYES YES8. Notice of EstrayNotice of estray and the impoundment of the estray must be advertised in a newspaper ofgeneral circulation in the City at least twice during the next fifteen (15) days. Yes NoYES YES9. Notice of Effective Calculated Tax Rate/Budget HearingsRequirements for these notices change annually. The 1989 regulations are as follows:Effective and rollback tax rates must be published in a newspaper of general circulationand must be printed in at least 8-point type. Hearing notices titled "Notice of PublicHearing on Tax Increase" and "Notice of Vote on Tax Increase" must be published in anewspaper using at least a quarter-page in a standard size or tabloid-size newspaper.Make the ad's headline in 18-point type or larger. Do not publish in the legal or classifiedsection of the newspaper. Publish the ad at least seven days before the date of the publichearing. Yes NoYES YES10. Notice of Revenue SharingA notice of the availability of the audit report must be published in a newspaper of generalcirculation serving the recipient's geographic area. Yes NoYES YES11. Notice of Census ReportA notification that the use report is available for public inspection must be published in anewspaper within thirty (30) days after the report is filed. Yes NoYES YES12. Notice of Public Hearing for Traffic ControlAdvance notice of public hearing shall be given by publishing in a newspaper of generalcirculation in the City. The notice must be published not later than the seventh day orearlier than the 30th day before the day of the hearing. Yes NoYES YES
CITY OF COPPELLBID NO. Q-0905-01NEWSPAPER ADVERTISING SPECIFICATIONS AND BID TABULATIONPAGE 313. Notice of ReplatsNotice of the application for revision of subdivision plat must be printed in a newspaper ofgeneral circulation in the City at least three times within the period beginning on the 30thday and ending on the seventh day before the date of the meeting. Yes NoYES YES14. Notice of Canceling SubdivisionsWhen such application is so filed, notice of such application must be published in somenewspaper, published in the English language, in such City for at least three weeks prior toaction. Yes NoYES YES15. Notice/Citation of Probate ProceedingsThe citation or notice shall be published once in a newspaper of general circulation in theCity in which the proceedings are pending, and said publication shall be not less than ten (10)days before the return day thereof, exclusive of the date of publication. Yes NoYES YES
CITY OF COPPELLBID NO. Q-0905-01NEWSPAPER ADVERTISING SPECIFICATIONS AND BID TABULATIONPAGE 41. Is your principal place of business in the State of Texas? Yes No YES YES2. If the answer to question 1 is "yes," no further information is necessary; if "no," pleaseindicate: a. In which state is your principal place of business located: b. Does that state favors resident bidders (bidders in your state) by some dollarincrement or percentage? Yes No c.If "yes" to question "b," what is that dollar increment or percentage? 1. Total number of paid subscriptions for the six-month period prior to bidsubmission based on audits or certified copies:4520 7662. Total number newspapers distributed to paid subscribers within the City of Coppell: Total number newspapers distributed within the City of Coppell thrown:400020076672443. Documentation showing general geographical distribution throughout the City isincluded with the bid response: Yes NoYES YES4. Pick-up service is available. Yes No YES YES5. Same-day pick-up is service available. Yes No YES YES6. FAX equipment is available for receipt of transmissions. Yes No YES YES7. State FAX number.972-304-0203 972-398-42508. Days of week the newspaper is published. FRIDAY WEDNESDAY9. Normal business hours. 8:30 A.M. TO 5:00 P.M. 8:00 A.M. TO 5:00 P.M.10. To notify of publication pick-up, contact:Department:Name:Phone number:AdvertisingKathryn Walker972-462-8192Legal AdvertisingDarla Bishop972-398-423311. To cancel notice/publication, contact:Department: Name:Phone number:AdvertisingKathryn Walker972-462-8192Legal AdvertisingDarla Bishop972-398-4233
CITY OF COPPELLBID NO. Q-0905-01NEWSPAPER ADVERTISING SPECIFICATIONS AND BID TABULATIONPAGE 512. To correct notice/publication, contact:Department:Name: Phone number:AdvertisingKathryn Walker972-462-8192Legal AdvertisingDarla Bishop972-398-423313. Insertion deadlines (day & time) for publication on:a. Sundayb. Mondayc. Tuesdayd. Wednesdaye. Thursdayf. Fridayg. SaturdayAny day up to Wed. at 4:30 p.m.Publication DateN/AN/AN/AMONDAY @ 4 –Legal Classified SectionN/AN/AN/A14. Taking into consideration insertion deadlines, and assuming notification by the City thata pick-up for publication is needed, state proposed schedule for pick-up of Citydocuments for publication:Publication ona. Sundayb. Mondayc. Tuesdayd. Wednesdaye. Thursdayf. Fridayg. SaturdayNotification Needed by Pick-up TimeAny Day up until 4:30 p.m.Wed. at 4:30 p.m.Notification Needed by Pick-up TimeN/AN/AN/AMONDAY @ 10AM MONDAY 1 PMN/AN/AN/A15. Statement of policy regarding omissions:We would publish at our expense oraccording to the City’s directionStar Community Newspapers maintainsan excellent record of publication for legalnotices, however, we shall be held liablefor failure to publish for reasons beyondour control. Notices will be published inthe next available publication at noadditional cost.
CITY OF COPPELLBID NO. Q-0905-01NEWSPAPER ADVERTISING SPECIFICATIONS AND BID TABULATIONPAGE 616. Statement of policy regarding cancellations:Cancellations may be make up untiltime of publication, 4:30 p.m.,Wednesday, at no chargePlease notify of cancellations promptly.Advertisers canceling after the finalpagination deadline may be responsiblefor full ad cost. Insertions cancelledbefore final deadline will not be charged.17. For legal notices (standard notices, with boldface "Legal Notice" heading)(INCLUDE SAMPLES OF TYPE SIZES WITH BID RESPONSE)\Sizes Available6,8,9,10,12,14,18,24,36,48,72Cost Per Line6-14 pt, = 23 cents18+ = 50 centsCost Per Inch6+= $2.00Sizes Available8 pt & above (or as requested)Cost Per Inch$9.25 (Legal Advertising Only))18. For other notices (e.g., "Notice of Effective Calculated Tax Rate,""Notice of Proposed Elected Officials Salaries," etc., with boldfaceheading)(INCLUDE SAMPLES OF TYPE SIZES WITH BID RESPONSE)Sizes Available6,8,9,10,12,14,18,24 and largerCost Per Line6-14 pt, = 23 cents18+ = 40-50 centsCost Per Inch6+= $2.00Sizes Available8 pt & above (or as requested)Cost Per Inch$9.25 (Legal Advertising Only))19. For maps or special drawings (camera-ready art work provided bythe City of Coppell)(INCLUDE SAMPLES OF TYPE SIZES WITH BID RESPONSE)Sizes Available6,8,9,10,12,14,18,24 and largerCost Per Line6-14 pt, = 23 cents18+ = 50 centsCost Per Inch6+= $2.00Sizes Available8 pt & above (or as requested)Cost Per Inch$9.25 (Legal Advertising Only20. Type style of bid for items No. 17, 19, and 20: Times, Helvetica, etc. Bookman or as requested
CITY OF COPPELLBID NO. Q-0905-01NEWSPAPER ADVERTISING SPECIFICATIONS AND BID TABULATIONPAGE 721. It is desirable for successful bidder to provide nine (9) copies of theirnewspaper, free of charge, to various City of Coppell offices. a. Is bidder willing to provide copies? Yes No b. If so, how many copies.YESAt least 9, typically 50-60YesUp to Nine (9)22. Percent discount off of current rate for items not herein listed. 50% 20% off Retail Ads50% of Recruitment Advertising23. CONTINUITY OF PUBLICATIONS: Bidder must indicate whetheror not they can provide continuous weekly publications (i.e.published minimum of 52 weeks per year). Yes No* If answer is NO, bidder must indicate what weeks, or days, they will not publish apaper.YES YESMEET ALL SPECIFICATIONSBIDDER DOESBIDDER DOES NOTYES YESNOTES:
DEPT: Police
DATE: October 25, 2005
ITEM #: 12/K
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of renewing the service agreement with Motorola, Inc. for the maintenance of all city radios and
the communication network in the amount of $50,757.60; and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
This service contract is an annual contract that is funded out of the Police Department budget yearly.
FINANCIAL COMMENTS: Funds have been budgeted in the Police Department’s E-911 Services account for
this contract. (01-10-01-4130)
Agenda Request Form - Revised 09/04 Document Name: )motorola-1AR
Ver. 4.9 Build 1000
Agreement Order # :0621062050824
Supersedes Agreement #(s) :618000566,,,,
Date:8/22/2005
Required P.O.:No
Company Name:City of Coppell Customer # :1011985134
Attn:Jerod Anderson Bill to Tag # :0005
Billing Address:P.O. Box 9478 Contract Start Date:10/01/2005
City, State, Zip:Coppell, Tx 75019 Contract End Date:09/30/2006 3
Customer Contact:Jerod Anderson Anniversary Date:1
Phone:972-304-3643 Payment Cycle:Annually 1
Fax: Tax Exempt:Yes 1
PO # :
Qty Monthly Ext Extended
$ 2,968.68 $ 35,624.16
2
26
5
128
13
16
14
$ 1,570.88 $ 18,850.56
3
5
1
1
23
22
5
4
3
1
$ 4,539.56 $ 54,474.72
$ -
$ 4,539.56 $ 54,474.72
TAXES $0.00 $0.00
GRAND TOTAL $ 4,539.56 $ 54,474.72
SUBCONTRACTOR(S) CITY STATE
DFW Communications Irving TX
MCS 2000 Control station
STX Portables
XTL 5000 Mobile
Motorola's Service Terms & Conditions, a copy of which is attached to this Service
I received Statements of Work that describe the services provided on this Agreement.
Description
SVC01SVC1422 Local Radio Combo Package
Model/Option
SVC447AC ENH: GTX MOBILE
SVC647AA
SVC687AA
SVC691AA
ENH: SPECTRA (EXCEPT SPECTRA ASTRO & SPECTRA RR)
ENH: SPECTRA MOTORCYCLE ASTRO
ENH: MTS2000
Multi unit charger
ENH: MTX 800/900 SERIES
SVC652AA
SVC700AA ENH: XTS3000 (COSMO)
SVC512AC ENH: SPECTRA CONSOLETTE
SVC02SVC0030 SP - Local Repair with OnSite Response
Convertacom
MCS 2000 Mobiles
Mactrac Mobile MDT units
Charger conditioner
SUBTOTAL - RECURRING SERVICES
SUBTOTAL - ONE-TIME EVENT SERVICES
TOTALSPECIAL INSTRUCTIONS - ATTACH STATEMENT OF WORK FOR PERFORMANCE
DESCRIPTIONS
Console operator Positions
Sirens
Attn: National Service Support
1307 East Algonquin Road
Schaumburg, IL 60196
(800) 247-2346
THIS SERVICE AMOUNT IS SUBJECT TO STATE & LOCAL TAXING
JURISDICTIONS, TO BE VERIFIED BY MOTOROLA.
SERVICE AGREEMENT
SPC v4.9 Build 1000 Release Date: 01/01/05
AUTHORIZED CUSTOMER SIGNATURE TITLE
DATE
Jerod Anderson
CUSTOMER (PRINT NAME)
Customer Support Manager
MOTOROLA REPRESENTATIVE (SIGNATURE) TITLE DATE
Derek Johnson 972-675-5742 972-675-5148
MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE FAX
Agreement, is incorporated herein by this reference
SPC v4.9 Build 1000 Release Date: 01/01/05
DEPT: Planning
DATE: October 25, 2005
ITEM #: 12/L
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the vacation of the Vista Ridge, Lot 1, Block K, Minor Amending Plat, to allow the
recordation of the Villas at Lake Vista, Phase 1, Final Plat, in Denton County, Texas.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: October 20, 2005
Decision of P&Z Commission: Approval (7-0) with Commissioners Borchgardt, Foreman, Hall, Haas,
Kittrell, McCaffrey and Reese voting in favor. None opposed.
See the attached Separate Instrument to be filed with Denton County, TX.
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @VR L1, BK, vacation 1-AR (C)
Item #10
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Vista Ridge Addition, Lot 1, Block K, Plat Vacation
P & Z HEARING DATE: October 20, 2005
C.C. HEARING DATE: October 25, 2005
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: Southeast corner of MacArthur Blvd. and Lake Vista Drive
SIZE OF AREA: 22.024 acres
CURRENT ZONING: PD-202-TH-1 (Planned Development-202-Townhouse-1)
REQUEST: Vacation of the Minor Amending Plat of Vista Ridge Addition, Lot 1,
Block K, to allow for the recording of the Final Plat for the Villas at
Lake Vista, Phase 1.
APPLICANT: Dowdey, Anderson & Associates, Inc.
Daniel Heischman
5225 Village Creek Dr., Suite 200
Plano, TX 75093
(972) 931-0694
Fax: (972) 931-9538
HISTORY: This property was originally platted in the City of Lewisville in 1986
and was subsequently annexed into the City of Coppell. In 2002, the
Planning Director administratively approved a Minor Amending Plat
for this property, which revised the alignment of the southern
property line of this lot.
In 2003 the Planning and Zoning Commission initiated a rezoning
from LI (Light Industrial) to HC (Highway Commercial) on this
Item #10
Page 2 of 3
property as part of a rezoning effort to place HC zoning on properties
abutting and in close proximity to S.H. 121. In conjunction with the
zoning change, an amendment to the 1996 Comprehensive Master
Plan was also approved changing the land use from Light
Industrial/Showroom to Mixed Use.
In August 2004 Council approved a rezoning and a preliminary plat
to allow a 155-lot townhouse residential PD for this property. Also
approved was an amendment to the Comprehensive Master Plan,
revising the land use designation from Mixed Use to Medium
Density Residential.
On November 18, 2004, the Planning and Zoning Commission
approved a Final Plat for Phase 1 (12.7 acres) to allow for the
construction of 93 townhouse units and 13 common areas. Two
extensions to the 6-month expiration (June 14th and July 26, 2005)
were granted by City Council. The infrastructure is now in place, and
construction of the first phase of the townhome development is
eminent.
TRANSPORTATION:MacArthur Boulevard is a P6D improved four-lane-divided thoroughfare
contained within a 110-foot right-of-way. Lake Vista Drive is an
improved street located in the City of Lewisville, with a 70-foot
right-of-way.
SURROUNDING LAND USE & ZONING:
North – office buildings; City of Lewisville zoning
South –vacant at levee, residential to the south; A (Agriculture) and PD-132,
Single Family-9
East – vacant and park land; City of Lewisville zoning
West - vacant; PD-199-HC (Planned Development-199-Highway
Commercial)
COMPREHENSIVE PLAN: The 2003 amendment to the Comprehensive Plan of May
1996 shows the property as suitable for mixed-use
development.
DISCUSSION: As detailed above, this property has had a long platting and zoning
history. This request is simply to vacate the existing plat on the property to
allow for the filing of the Final Plat for the Villas at Lake Vista, Phase 1.
Item #10
Page 3 of 3
Normally once a property is platted, all subsequent plats are processed as
replats and approved through a Public Hearing process. State Law
provides an alternative to the replatting process, whereas the plat can be
vacated entirely, and the new Final Plat filed. However, per Section
212.013(a) of the Local Government Code, ….
“The plat is vacated when a signed, acknowledged instrument
declaring the plat vacated is approved and recorded in the manner
prescribed for the original plat”.
Attached is a copy of the separate Plat Vacation instrument that is be
signed by the property owner, the Planning and Zoning Commission
Chairman, the Mayor and the City Secretary. Once executed, it may be
filed with Denton County. Immediately following the filing of this
instrument, the Final Plat for the Villas at Lake Vista, Phase 1, shall be
filed.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the Vacation of the Minor Amending
Plat of the Vista Ridge Addition, Lot 2, Block K, subject to the following
condition:
1) The Final Plat for the Villas of Lake Vista, Phase 1, shall be
filed at the time that the plat vacation is filed with Denton
County.
ALTERNATIVES
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Plat Vacation Instrument
2) Minor Amending Plat of Vista Ridge Addition, Lot 1, Block K
DEPT: Engineering
DATE: October 25, 2005
ITEM #: 13
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of awarding Bid/Contract # Q-0905-02 to Craig Olden, Inc., for the construction of the Bethel
Road I Drainage Phase 'A' project, in an amount of $537,387.50, as provided for in CIP funds; and authorizing the
City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Approval of this drainage improvement project will allow for the development of adjacent property in advance of
the Bethel Road reconstruction project.
Staff recommends award of the contract to Craig Olden, Inc., in an amount of $537,387.50 with an estimated
completion time of 110 calendar days. Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS: Funds for this project are available from the Street CIP bond proceeds.
Agenda Request Form - Revised 09/04 Document Name: #Bethel Road Drainage
MEMORANDUM
TO:Mayor and City Council
FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works
DATE: October 25, 2005
REF:Consider approval of awarding Bid/Contract # Q-0905-02 to Craig Olden, Inc., for
the construction of the Bethel Road I Drainage Phase 'A' project, in an amount of
$537,387.50, as provided for in CIP funds; and authorizing the City Manager to sign.
This project is a spin-off portion of the overall Bethel Road project from the Grapevine city limit
line to Freeport Parkway. It is necessary to bid this portion separately and construct it at this
time so that development can take place at the southeast corner of Freeport Pkwy. and Bethel Rd.
(the proposed Hard Eight site). The project generally consists of construction of a multi-barrel
box culvert from the intersection of Freeport Pkwy./Bethel Rd. southward to the existing creek.
A headwall will be constructed at the creek and gabions will be provided for slope stabilization
along the creek bank. Also, grading will take place from the outfall to the south side of the
existing culverts beneath Bethel Rd. immediately east of Loch Lane (see exhibit). At one time,
this portion of the creek was considered 'Waters of the US' and we worked with the US Army
Corps of Engineers for over two years to obtain permits. We recently convinced the Corps of
Engineers that the portion of the creek south of Bethel Rd. over to Freeport Pkwy. was not
'Waters of the US', and did not need to be permitted for construction purposes.
On October 11, 2005, eleven bids were received and opened for the construction of the Bethel
Road Drainage - Phase 'A' project. The bids ranged from $488,352.80 to $1,159,366, and the
calendar days on the project ranged from 110 to 320.
The low bidder on the project, Mike Albert, Inc., did not provide the bid affidavit as required by
the contract documents. Upon review of his bid and the other ten bids, the purchasing agent
determined that Mike Albert, Inc.'s bid was non-responsive and therefore the bid was rejected.
The next lowest bidder was Craig Olden, Inc., in an amount of $537,387.50. Craig Olden, Inc.,
has successfully completed several projects within the City of Coppell.
Staff recommends award of the contract for the construction of the Bethel Road I Drainage Phase
'A' project to Craig Olden, Inc., in an amount of $537,387.50, with an estimated completion time
of 110 calendar days. Staff will be available to answer any questions at the Council meeting.
Bethel Road Drainage - Phase 'A' Project ST 99-05Bid Q-0905-02 BID TABULATIONPage 1 of 2Mike Albert, Inc.Craig Olden, Inc.Jeske Construction Co.Iowa Bridge CulvertHumphry & MortonConst.ItemQuantityUnitDescriptionEngineer'sEstimateUnit PriceTotal PriceUnit PriceTotal PriceUnit PriceTotal PriceUnit PriceTotal PriceUnit PriceTotal PriceI-11LSMobilization5,000.005,000.0022,000.0022,000.007,700.007,700.0050,000.0050,000.0010,000.0010,000.00I-21LSSite Preparation4,000.004,000.0011,000.0011,000.003,000.003,000.005,500.005,500.0013,90.0013,900.00I-31LSRem and Dispose Exist Headwall 1,000.001,000.002,500.002,500.003,500.003,500.003,500.003,500.0010,540.0010,540.00I-45,208CYBox Culvert and Channel Excavation10.0052,080.0010.0052,080.0012.0062,496.0011.0057,288.0012.4664,891.68I-5582CYBorrow & Embankment5.002,910.005.002,910.0011.006,402.0016.009,312.0026.3915,358.98I-610CYSubgrade Failure Repair 50.00500.0050.00500.0070.00700.00100.001,000.0042.10421.00I-7154LFCement Treated Base Backfill50.007,700.0057.008,778.0052.008,008.0030.004,620.00125.0019,250.00I-8582CY1.5' x 3' PVC Coated Gabion Structures160.0093,120.00143.0083,226.00158.0091,956.00150.0087,300.00215.00125,130.00I-9291CY3' x 3' PVC Coated Gabion Structures160.0046,560.00143.0041,613.00158.0045,978.00150.0043,650.00164.0047,724.00I-1029CY1' Gabion Mattress Structures160.004,640.00143.004,147.00158.004,582.00150.004,350.00284.008,236.00I-11138.49LF3 Barrel- 5' x 10' Multi Box Culvert920.00127,410.80950.00131,565.501,021.00141,398.29900.00124,641.00908.00125,748.92I-1285LF4 Barrel-5' x 10' Multi Box Culvert, Ext& Connect Exist. Box Culvert & RCP1,145.0097,325.001,240.00105,400.001,190.00101,150.001,150.0097,750.001,219.00103,615.00I-131EANon-Skewed Parallel Wing Wall 4,300.004,300.008,000.008,000.007,153.007,153.006,500.006,500.006,800.006,800.00I-141LSRestore Disturbed Area4,800.004,800.004,500.004,500.006,900.006,900.008,500.,008,500.003,400.003,400.00I-15282LSRelocate & Lower Existing 8" WL50.0014,100.0096.0027,072.0072.0020,304.0092.0025,944.0059.0016,638.00I-161LSTransition to existing BoxCulvert/Bethel 500.00500.006,500.006,500.004,560.004,560.004,500.004,500.005.000.005,000.00I-171LSTraffic Control Plan3,300.003,300.002,000.002,000.006,840.006,840.007,500.007,500.005,600.005,600.00I-181LSErosion Control Plan8,000.008,000.002,000.002,000.007,100.007,100.003,000.003,000.006,200.006,200.00I-19507LFTrench Safety System1.00507.005.002,535.001,774.501,774.503.001,521.004.902,484.30I-201EAConnect to Ex. 8" WL500.00500.002,500.002,500.002,580.002,580.003,000.003,000.001,500.001,500.00I-211EA16" x 8" Tapping Sleeve & Valve3,700.003,700.008,300.008,300.0017,050.0017,050.008,500.008,500.003,300.003,300.00I-2225SYAsphalt Rem & Repl120.003,000.0074.001,850.001,525.001,525.0075.001,875.0074.001,850.00I-2350LF8" Ductile Iron Pipe50.002,500.0098.004,900.007,050.007,050.00105.005,250.0070.003,500.00I-242EA18" Storm Drain450.00900.00750.001,500.001,300.001,300.00600.001,200.00600.001,200.00Calendar Days120 Days110 Days150 Days120 Days175 Days$500,000.00• $ 488,352.80• Nonresponsive No Bid Affidavit$ 537,376.50$ 561,006.79$ 566,201.00$ 602,287.88
Bethel Road Drainage - Phase 'A' Project ST 99-05Bid Q-0905-02 BID TABULATIONPage 2 of 2GeotechnicalEnvironmental Sys.Laughley Bridge Const.Linder Construction Co.Inc.Rebcon, Inc.Ark Contracting ServicesEarth Builders Inc.ItemQuantityUnitDescriptionUnitPriceTotal PriceUnitPriceTotal PriceUnitPriceTotal PriceUnitPriceTotal PriceUnitPriceTotal PriceUnitPriceTotal PriceI-11LSMobilization30,000.0030,000.0085,000.0085,000.0068,000.0068,000.0080,000.0080,000.0044,500.0044,500.0060,000.0060,000.00I-21LSSite Preparation26,000.0026,000.0030,000.0030,000.0019,000.0019,000.0074,000.0074,000.0065,000.0065,000.0075,000.0075,000.00I-31LSRem and Dispose Exist Headwall 3,500.003,500.005,000.005,000.005,000.005,000.005,000.005,000.008,000.008,000.0012,000.0012,000.00I-45,208CYBox Culvert and Channel Excavation12.2563,798.0015.0078,120.0012.0062,496.0015.0078,120.0016.0083,328.0020.00104,160.00I-5582CYBorrow & Embankment24.4014,200.8025.0014,550.0031.0018,042.0025.0014,550.0020.0011,640.0018.0010,476.00I-610CYSubgrade Failure Repair 94.25942.50100.001,000.0065.00650.00125.001,250.0035.00350.0035.00350.00I-7154LFCement Treated Base Backfill113.4017,463.60100.0015,400.00200.0030,800.00180.0027,720.00140.0021,560.00500.0077,000.00I-8582CY1.5' x 3' PVC Coated Gabion Structures180.90105,283.80160.0093,120.00184.00107,088.00150.0087,300.00166.0096,612.00225.00130,950.00I-9291CY3' x 3' PVC Coated Gabion Structures159.7046,472.70160.0046,560.00173.0050,343.00150.0043,650.00158.0045,978.00225.0065,475.00I-1029CY1' Gabion Mattress Structures141.004,089.00160.004,640.00200.005,800.00150.004,350.00175.005,075.00250.007,250.00I-11138.49LF3 Barrel- 5' x 10' Multi Box Culvert895.00123,948.55980.00135,720.201,350.00186,961.501,300.00180,037.001,320.00182,806.801,900.00263,131.00I-1285LF4 Barrel-5' x 10' Multi Box Culvert, Ext &Connect Exist. Box Culvert & RCP1,218.70103,589.501,300.00110,500.001,600.00136,000.001,400.00119,000.001,700.00144,500.002,800.00238,000.00I-131EANon-Skewed Parallel Wing Wall Sta. 21+73.493,400.003,400.0025,000.0025,000.007,100.007,100.009,000.009,000.0015,000.0015,000.0018,000.0018,000.00I-141LSRestore Disturbed Area33,000.0033,000.006,000.006,000.006,000.006,000.008,000.008,000.0015,000.0015,000.0015,000.0015,000.00I-15282LSRelocate & Lower Existing 8" WL92.7026,141.4078.0021,996.0055.0015,510.00105.0029,610.00140.0039,480.0080.0022,560.00I-161LSTransition to existing Box Culvert/Bethel 10,000.0010,000.004,500.004,500.005,700.005,700.0015,000.0015,000.0010,500.0010,500.006,500.006,500.00I-171LSTraffic Control Plan2,500.002,500.0012,000.0012,000.0015,600.0015,600.002,000.002,000.0010,000.0010,000.0010,000.0010,000.00I-181LSErosion Control Plan4,500.004,500.0015,000.0015,000.0015,000.0015,000.005,000.005,000.0010,000.0010,000.0012,000.0012,000.00I-19507LFTrench Safety System2.601,318.202.001,014.008.004,056.001.00507.0020.0010,140.002.001,014.00I-201EAConnect to Ex. 8" WL600.00600.002,500.002,500.001,500.001,500.001,200.001,200.006,000.006,000.002,000.002,000.00I-211EA16" x 8" Tapping Sleeve & Valve4,200.004,200.003,600.003,600.003,600.,003,600.007,000.007,000.0010,000.0010,000.0015,000.0015,000.00I-2225SYAsphalt Rem & Repl340.008,500.0050.001,250.00200.005,000.00220.005,500.00120.003,000.00160.004,000.00I-2350LF8" Ductile Iron Pipe79.503,975.0064.003,200.0050.002,500.00125.006,250.00160.008,000.00150.007,500.00I-242EA18" Storm Drain3,000.006,000.002,500.005,000.00700.001,400.001,800.003,600.002,500.005,000.001,000.002,000.00Calendar Days225 Days245 Days320 Days180 Days150 Days180 DaysTOTALS$ 643,423.05$ 720,670.20$ 773,146.50$ 807,644.00$ 851,469.80$ 1,159,366.00
From: Jerod Anderson
To:Ken Griffin
Date: Wed, Oct 12, 2005 3:36 PM
Subject: Bethel Road Dainage Bid
On Tuesday, October 11, 2005, Bid Q-0905-02 Bethel Road Drainage-Phase 'A'
Project 99-05 closed. Eleven (11) bids were received. Mike Albert, the
apparent low bidder, failed to complete the bid affidavit included in the
bidding documents. All other vendors completed the form. Therefore, Mike
Albert's bid should be considered incomplete and not accepted.
DEPT: Engineering
DATE: October 25, 2005
ITEM #: 14
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a resolution authorizing the closure of Coppell Road North at West Sandy Lake Road for a
specified period during the summer of 2006 and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Approval of this resolution will allow the closure of Coppell Road North to provide for a safer reconstruction of
West Sandy Lake Road during the summer of 2006.
Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: #Coppell Road North
MEMORANDUM
TO:Mayor and City Council
FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works
DATE: October 25, 2005
REF:Consider approval of a resolution authorizing the closure of Coppell Road North at
West Sandy Lake Road for a specified period during the summer of 2006 and
authorizing the Mayor to sign.
The City of Coppell is in the process of finalizing the construction plans and bid documents for
the reconstruction of West Sandy Lake Road from S.H. 121 to Coppell Road North. It is
anticipated that the contract will go out for bids in the first week of November 2005, with a bid
opening the first part of December 2005, and a potential bid award December 13, 2005 or
January 10, 2006.
To correctly build the intersection of Sandy Lake Road and Coppell Road North, it is necessary
to place approximately 7 feet of fill on Coppell Road. Placing this much fill on narrow roadway
sections creates an unsafe working condition and also an unsafe condition for the motoring
public. In a situation very similar to this in 2001, the City allowed the closure of the
Mockingbird/Belt Line intersection for a specified period while the contractor constructed the
intersection.
Because this intersection serves as a route to and from the Coppell High School, it is my opinion
that it should not be impacted during the school year. It also provides access to S.H. 121 for
various sections of the Villages of Cottonwood Creek, Asbury Manor and the Mansions by the
Lake. However, those areas also have an alternate route to S.H. 121 by utilizing the turn-around
off of Coppell Road that allows vehicles to go under the bridge of S.H. 121 and Denton Creek
and then merging into southbound traffic on to S.H. 121. While that might not be an optimum
route to obtain access to southbound S.H. 121, it at least is an alternate route.
The timeline proposed for the closure of Coppell Road to Sandy Lake Road during the summer
of 2006 is anytime from June 5, 2006 to August 11, 2006. This is the typical time that the school
is closed during the summer.
One approach we are taking to the reconstruction of West Sandy Lake Road, because of the
volume of traffic and the developing businesses along both sides, is to provide a strong incentive
for early completion of the project. In essence, for the award of the project you not only consider
the base bid, but also the number of days bid. Addison has been utilizing this technique on
several projects with great success recently. It provides a strong incentive for the contractor to
quickly and successfully complete the project. Under this bidding scenario, the concept of
'Substantially Complete' is no longer utilized. The only thing that constitutes an incentive is
when the project is completely complete. To truly expedite the construction of this project,
Coppell Road North will need to be closed at the intersection of Sandy Lake Road. So, not only
are there safety issues for the contractors and motoring public, but there is also considerations of
expediting the project by allowing the closure of Coppell Road North at Sandy Lake Road.
Staff recommends approval of a resolution allowing the contractor on West Sandy Lake Road to
close the intersection of Coppell Road North with Sandy Lake Road for a specified period during
the summer of 2006. Staff will be available to answer any questions at the Council meeting.
1 53435
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS,
AUTHORIZING THE CITY ENGINEER, IN CONJUNCTION WITH THE
CONTRACTOR, TO CLOSE COPPELL ROAD NORTH, AT ITS
INTERSECTION WITH WEST SANDY LAKE ROAD, DURING PERIOD
OF CONSTRUCTION OF WEST SANDY LAKE ROAD; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, West Sandy Lake Road must undergo reconstruction in the near future; and
WHEREAS, during the period of said reconstruction, traffic will be impaired; and
WHEREAS, staff believes that such reconstruction would be safer and more expeditious
if the City Engineer, in conjunction with the Contractor authorized to perform such
reconstruction, is permitted to close Coppell Road North during the period of construction; and
WHEREAS, after consideration the City Council has determined that it would be in the
best interest of the City and its citizens to provide for a safer and more expeditious reconstruction
process by permitting Coppell Road North to be closed during the period of construction;
expeditious
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1.That the City Engineer, in conjunction with the Contractor for the West
Sandy Lake Road reconstruction, is hereby authorized to undertake the necessary steps to close
Coppell Road North, at its intersection with West Sandy Lake Road during the period of
construction.
SECTION 2.That the traffic engineer is authorized and directed to erect signs and official
traffic control devices as is necessary to give notice as provided herein
SECTION 3.That this Resolution shall take effect immediately from and after its passage
as the law and charter in such cases provide.
2 53435
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2005.
APPROVED:
_________________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
DEPT: Parks & Recreation
DATE: October 25, 2005
ITEM #: 15
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a contract between Coppell Recreational Development Corporation and Dean Construction to
add the extension of water, storm sewer, sanitary sewer, electrical utilities, and a sidewalk for the proposed
restroom, along with a concrete slab for the shade shelter at Wagon Wheel Park in the amount of $173,300.00, and
authorizing the City Manager and the President of the Coppell Recreation Development Corporation to sign.
GOAL(S):
EXECUTIVE SUMMARY:
The Coppell Recreation Development Corporation has placed a restroom on the west side of Wagon Wheel Park as
a high priority for the further enjoyment of the participants at the park. Approval of this contract will authorize
work to extend electrical, storm sewer, sanitary sewer and water utilities to service the proposed restroom facility
for the park. It will also allow Dean Construction to install a slab and retaining wall for the shade shelter and
sidewalks for access to these facilities.
This contract was approved by the CRDC at a special called meeting on October 12, 2005.
FINANCIAL COMMENTS: Funds are available from the CRDC ½ cent sales tax proceeds for this contract.
Agenda Request Form - Revised 09/04 Document Name: ^Dean Contract-1AR.doc
MEMORANDUM
TO:Mayor and City Council
FROM:Brad Reid, Director of Parks and Recreation
DATE:October 25. 2005
REF:Consider approval of a contract with Dean Construction to add the extension of
water, storm sewer, sanitary sewer with grease trap, electrical utilities, and a sidewalk for the
proposed restroom, along with a concrete slab for the shade shelter at Wagon Wheel Park in the
amount of $173,300.00, and authorizing the City Manager and the President of the Coppell
Recreation Development Corporation to sign.
The CRDC has made the restroom at the west side of Wagon Wheel Park a high priority for the
past few years. In the fiscal year 04-05, they funded this restroom and contracted with ROMTEC
to supply and install a restroom/concession building. This contract did not include the extension
of utilities to the building, nor sidewalks to access the parking lot, existing walks, or trails.
This contract with Dean will include the water, sanitary sewer and electrical extensions,
installation of a grease trap for the concession, sidewalk connections, a storm sewer basin with
piping, and a concrete slab, retaining wall and hand railing for the proposed shade shelter. This
work will provide all necessary construction to allow the installation of the restroom and shade
shelter for field #6 and the west-side practice areas.
The restroom project has been delayed for a number of reasons, but should be back on track with
the award of this contract. It is anticipated that the restroom/concession stand will be open for the
beginning of the Spring '06 ball season.
Because of the complexity of the project and the history of development at Wagon Wheel Park,
the CRDC awarded this contract to Dean Construction. Personnel at Dean are intimately familiar
with the existing facilities at the park and the project will benefit greatly by having them
involved. This project was not bid through the normal city purchasing process because it is a
CRDC project, and therefore not required to follow the same rules, and due to the good working
relationship the CRDC has developed with Dean Construction on this park over the years.
The request is respectfully submitted for City Council consideration of approval of this contract
with Dean Construction in the amount of $173,300 for improvements at Wagon Wheel Park, and
authorizing the City Manager and the President of the CRDC to sign. Thank you for your
consideration.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019
COPPELL RECREATION DEVELOPMENT CORPORATION
STANDARD FIXED PRICE AGREEMENT
FOR THE CONSTRUCTION OF
WAGON WHEEL PARK IMPROVEMENTS
WAGON WHEEL PARK IMPROVEMENTS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 2
STATE OF TEXAS §
§
§ CONTRACT FOR CONSTRUCTION
§
COUNTY OF DALLAS §
This Contract ("CONTRACT") is made by and between the Coppell Recreation Development Corporation
("CRDC"), a Texas nonprofit organization, and Dean Construction ("CONTRACTOR"), acting by and through
their authorized representatives for the benefit of the City of Coppell, Texas ("OWNER").
RECITALS:
WHEREAS, the CRDC wishes to have developed UTILITY IMPROVEMENTS, SHELTER
CONCRETE SLAB, AND SIDEWALKS AT WAGON WHEEL PARK ("PROJECT"); and
WHEREAS, the CRDC shall act by and through the OWNER's Director of Parks and Recreation; and
WHEREAS, the CONTRACTOR desires to render Services for the CRDC on the terms and conditions
provided in this CONTRACT for the benefit of the OWNER;
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:
A. SCOPE OF PROJECT
The scope of the PROJECT includes the following, as per plans and specifications as prepared by Halff &
Associates:
1. Clearing, grubbing, demolition and other normal site preparation.
2. Drainage, including surface and subsurface storm sewer.
3. Earthwork including mass grading and fine grading.
4. Utility work related to the proposed restroom facility as follows:
a. Extension of electrical utilities
b. Installation of sanitary sewer for proposed restroom facility
c. Extension of water line
d. Installation of a curb and curb inlet for storm water control at the existing parking lot.
5. Structural Slab for a proposed shade shelter for the practice fields and field #six to include:
a. Concrete Structural Slab for a 60’x60’ shade shelter.
b. Concrete retaining wall for the proposed shade shelter slab.
c. Metal safety handrail
WAGON WHEEL PARK IMPROVEMENTS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 3
ARTICLE I
THE CONTRACT AND THE CONTRACT
DOCUMENTS
1.1 THE CONTRACT
1.1.1 The Contract between the CRDC and
the Contractor, of which this Agreement is a part,
consists of the Contract Documents. It shall be
effective on the date this Agreement is executed by
the last party to execute it.
1.2. THE CONTRACT DOCUMENTS
1.2.1 The Contract Documents consist of this
Agreement, the Specifications, the Drawings, the
Project Manual, all Change Orders and Field Orders
issued hereafter, any other amendments hereto
executed by the parties hereafter, together with the
following (if any):
Documents not enumerated in this Paragraph 1.2.1
are not Contract Documents and do not form part of
this Contract.
1.3 ENTIRE AGREEMENT
1.3.1 This Contract, together with the
Contractor's performance and payment bonds for the
Project, all General Conditions, Special Conditions,
Plans and Specifications, and Addenda attached
thereto, constitute the entire and exclusive agreement
between the CRDC and the Contractor with reference
to the Project. Specifically, but without limitation,
this Contract supersedes any bid documents and all
prior written or oral communications, representations
and negotiations, if any, between the CRDC and
Contractor not expressly made a part hereof.
1.4 NO PRIVITY WITH OTHERS
1.4.1 Nothing contained in this Contract shall
create, or be interpreted to create, privity or any other
contractual agreement between the CRDC and any
person or entity other than the Contractor.
1.5 INTENT AND INTERPRETATION
1.5.1 The intent of this Contract is to require
complete, correct and timely execution of the Work.
Any Work that may be required, implied or inferred
by the Contract Documents, or any one or more of
them, as necessary to produce the intended result
shall be provided by the Contractor for the Contract
Price.
1.5.2 This Contract is intended to be an
integral whole and shall be interpreted as internally
consistent. What is required by any one Contract
Document shall be considered as required by the
Contract.
1.5.3 When a word, term or phrase is used in
this Contract, it shall be interpreted or construed,
first, as defined herein; second, if not defined,
according to its generally accepted meaning in the
construction industry; and third, if there is no
generally accepted meaning in the construction
industry, according to its common and customary
usage.
1.5.4 The words "include", "includes", or
"including", as used in this Contract, shall be deemed
to be followed by the phrase, "without limitation".
1.5.5 The specification herein of any act,
failure, refusal, omission, event, occurrence or
condition as constituting a material breach of this
Contract shall not imply that any other, non-specified
act, failure, refusal, omission, event, occurrence or
condition shall be deemed not to constitute a material
breach of this Contract.
1.5.6 Words or terms used as nouns in this
Contract shall be inclusive of their singular and plural
forms, unless the context of their usage clearly
requires a contrary meaning.
1.5.7 The Contractor shall have a continuing
duty to read, carefully study and compare each of the
Contract Documents, the Shop Drawings, the Product
Data, and any Plans and Specifications, and shall
give written notice to the CRDC of any
inconsistency, ambiguity, error or omission which the
Contractor may discover with respect to these
documents before proceeding with the affected Work.
The issuance, or the express or implied approval by
the CRDC or the Architect of the Contract
Documents, Shop Drawings or Product Data shall not
relieve the Contractor of the continuing duties
imposed hereby, nor shall any such approval be
evidence of the Contractor's compliance with this
Contract. The CRDC has requested the Architect to
only prepare documents for the Project, including the
Drawings and Specifications for the Project, which
are accurate, adequate, consistent, coordinated and
sufficient for construction. HOWEVER, THE CRDC
WAGON WHEEL PARK IMPROVEMENTS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 4
MAKES NO REPRESENTATION OR
WARRANTY OF ANY NATURE WHATSOEVER
TO THE CONTRACTOR CONCERNING SUCH
DOCUMENTS. By the execution hereof, the
Contractor acknowledges and represents that it has
received, reviewed and carefully examined such
documents, has found them to be complete, accurate,
adequate, consistent, coordinated and sufficient for
construction, and that the Contractor has not, does
not, and will not rely upon any representation or
warranties by the CRDC concerning such documents
as no such representation or warranties have been or
are hereby made. Further, the Contractor represents
and warrants that it has had a sufficient opportunity
to inspect the Project site and assumes any and all
responsibility for inadequacies or ambiguities in the
plans, drawings or specifications as well as for latent
conditions of the site where the work is to be
performed.
1.5.8 As between numbers and scaled
measurements on the Drawings and in the Design, the
numbers shall govern, as between larger scale and
smaller scale drawings, the larger scale shall govern.
1.5.9 Neither the organization of any of the
Contract Documents into divisions, sections,
paragraphs, articles, (or other categories), nor the
organization or arrangement of the Design, shall
control the Contractor in dividing the Work or in
establishing the extent or scope of the Work to be
performed by Subcontractors.
1.6 OWNERSHIP OF
CONTRACT DOCUMENTS
1.6.1 The Contract Documents, and each of
them, shall remain the property of the CRDC. The
Contractor shall have the right to keep one record set
of the Contract Documents upon completion of the
Project; provided, however, that in no event shall
Contractor use, or permit to be used, any or all of
such Contract Documents on other projects without
the CRDC's prior written authorization.
ARTICLE II
THE WORK
2.1 The Contractor shall perform all of the
Work required, implied or reasonably inferable from,
this Contract.
2.2 WORK
2.2.1 The term "Work" shall mean whatever
is done by or required of the Contractor to perform
and complete its duties under this Contract, including
the following: construction of the whole or a
designated part of the Project; furnishing of any
required surety bonds and insurance, and the
provision or furnishing of labor, supervision,
services, materials, supplies, equipment, fixtures,
appliances, facilities, tools, transportation, storage,
power, permits and licenses required of the
Contractor, fuel, heat, light, cooling and all other
utilities as required by this Contract. The Work to be
performed by the Contractor is generally described as
follows:
Improvements to Wagon Wheel Park
2.2.2 The Contractor shall be responsible for
paying for and procuring all materials and labor and
furnishing all services necessary or appropriate for
the full performance of the Work and the for the full
completion of the Project. All materials shall be new
and materials and workmanship shall be of good
quality. Upon request, the Contractor shall furnish
satisfactory proof of the type, kind, and quality of
materials.
ARTICLE III
CONTRACT TIME
3.1 TIME AND LIQUIDATED DAMAGES
3.1.1 The Contractor shall commence the
Work within 10 days of receipt of a written Notice to
Proceed, and shall achieve Substantial Completion of
the Work no later than sixty (60) calendar days from
the date specified in the Notice to Proceed. The
parties acknowledge that time is of the essence in the
performance of the terms of this Contract. The term
WAGON WHEEL PARK IMPROVEMENTS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 5
“calendar days” shall mean any and all days of the
week or month, no days being excepted. It is
contemplated by the parties that the progress of the
Work may be delayed by certain conditions beyond
the control of the parties; these delays have been
contemplated by the parties and considered in the
time allotted for performance specified herein and
includes, but is not limited to delays occasioned on
account of adverse weather, temporary unavailability
of materials, shipment delays, and the presence and
potential interference of other contractors who may
be performing work at the Project site unrelated to
this agreement.
The number of calendar days from the date on which
the Work is permitted to proceed, through the date set
forth for Substantial Completion, shall constitute the
"Contract Time".
3.1.2 The Contractor shall pay the CRDC the
sum of $-0- per day for each and every calendar day
of unexcused delay in achieving Substantial
Completion beyond the date set forth herein for
Substantial Completion of the Work. Any sums due
and payable hereunder by the Contractor shall be
payable, not as a penalty, but as liquidated damages
representing an estimate of delay damages likely to
be sustained by the CRDC, estimated at or before the
time of executing this Contract. When the CRDC
reasonably believes that Substantial Completion will
be inexcusably delayed, the CRDC shall be entitled,
but not required, to withhold from any amounts
otherwise due the Contractor an amount then
believed by the CRDC to be adequate to recover
liquidated damages applicable to such delays. if and
when the Contractor overcomes the delay in
achieving Substantial Completion, or any part
thereof, for which the CRDC has withheld payment,
the CRDC shall promptly release to the Contractor
those funds withheld, but no longer applicable, as
liquidated damages.
3.1.3 In the event that the Contractor achieves
certification of substantial completion prior to the
scheduled completion date, the CRDC shall pay to
the Contractor the sum of $-0- per day for each
calendar day that substantial completion is certified
in advance of the scheduled completion date.
3.1.4 No claim shall be made by the
Contractor to the CRDC, and no damages, costs or
extra compensation shall be allowed or paid by the
CRDC to the Contractor for any delay or hindrance
from any cause in the progress or completion of the
Work or this Contract. The Contractor’s sole remedy
in the event of any delay or hindrance shall be to
request time extensions by written change orders as
provided for hereinafter. Should the Contractor be
delayed by an act of the CRDC, or should the CRDC
order a stoppage of the Work for sufficient cause, an
extension of time shall be granted by the CRDC by
written authorization upon written application, which
extension shall not be unreasonably denied, to
compensate for the delay.
3.1.5 The CRDC shall have the authority to
suspend the Work wholly or in part for such period or
periods of time as it may deem appropriate due to
unsuitable conditions considered unfavorable for the
proper prosecution of the Work or for the failure of
the Contractor to carry out instructions from the
CRDC or CRDC’s representative. During any period
in which the Work is stopped or during which any of
the Work is not actively in progress for any reason,
Contractor shall properly protect the site and the
Work from damage, loss or harm.
3.2 SUBSTANTIAL COMPLETION
3.2.1 "Substantial Completion" shall mean
that stage in the progression of the Work when the
Work is sufficiently complete in accordance with this
Contract that the CRDC can enjoy beneficial use or
occupancy of the Work and can utilize the Work for
its intended purpose, even though minor
miscellaneous work and/or adjustment may be
required.
3.3 TIME IS OF THE ESSENCE
3.3.1 All limitations of time set forth in the
Contract Documents are of the essence of this
Contract.
ARTICLE IV
CONTRACT PRICE
4.1 THE CONTRACT PRICE
4.1.1 The CRDC shall pay, and the
Contractor shall accept, as full and complete payment
for all of the Work required herein, the fixed sum of
$173,300.00.
The sum set forth in this Paragraph 4.1 shall
constitute the Contract Price which shall not be
WAGON WHEEL PARK IMPROVEMENTS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 6
modified except by written Change Order as provided
in this Contract.
ARTICLE V
PAYMENT OF THE CONTRACT PRICE
5.1 SCHEDULE OF VALUES
5.1.1 Within ten (10) calendar days of the
effective date hereof, the Contractor shall submit to
the CRDC and to the Architect a Schedule of Values
allocating the Contract Price to the various portions
of the Work. The Contractor's Schedule of Values
shall be prepared in such form, with such detail, and
supported by such data as the Architect or the CRDC
may require to substantiate its accuracy. The
Contractor shall not imbalance its Schedule of Values
nor artificially inflate any element thereof. The
violation of this provision by the Contractor shall
constitute a material breach of this Contract. The
Schedule of Values shall be used only as a basis for
the Contractor's Applications for Payment and shall
only constitute such basis after it has been
acknowledged and accepted in writing by the
Architect and the CRDC.
5.2 PAYMENT PROCEDURE
5.2.1 The CRDC shall pay the Contract Price
to the Contractor as provided below.
5.2.2 PROGRESS PAYMENTS - Based upon the
Contractor's Applications for Payment submitted to
the Architect and upon Certificates for Payment
subsequently issued to the CRDC by the Architect,
the CRDC shall make progress payments to the
Contractor on account of the Contract Price.
5.2.3 On or before the 25th day of each
month after commencement of the Work, the
Contractor shall submit an Application for Payment
for the period ending the 15th day of the month to the
Architect in such form and manner, and with such
supporting data and content, as the CRDC or the
Architect may require. Therein, the Contractor may
request payment for ninety percent (90%) of that
portion of the Contract Price properly allocable to
Contract requirements properly provided, labor,
materials and equipment properly incorporated in the
Work, less the total amount of previous payments
received from the CRDC. Such Application for
Payment shall be signed by the Contractor and shall
constitute the Contractor's representation that the
Work has progressed to the level for which payment
is requested in accordance with the Schedule of
Values, that the Work has been properly installed or
performed in full compliance with this Contract, and
that the Contractor knows of no reason why payment
should not be made as requested. Thereafter, the
Architect will review the Application for Payment
and may also review the Work at the Project site or
elsewhere to determine whether the quantity and
quality of the Work is as represented in the
Application for Payment and is as required by this
Contract. The Architect shall determine and certify
to the CRDC the amount properly owing to the
Contractor. The CRDC shall make partial payments
on account of the Contract Price to the Contractor
within thirty (30) days following the Architect's
receipt and approval of each Application for
Payment. The amount of each partial payment shall
be the amount certified for payment by the Architect
less such amounts, if any, otherwise owing by the
Contractor to the CRDC or which the CRDC shall
have the right to withhold as authorized by this
Contract. The Architect's certification of the
Contractor's Application for Payment shall not
preclude the CRDC from the exercise of any of its
rights as set forth in Paragraph 5.3 herein below.
5.2.4 The Contractor warrants that title to all
Work covered by an Application for Payment will
pass to the CRDC no later than the time of payment.
The Contractor further warrants that upon submittal
of an Application for Payment, all Work for which
payments have been received from the CRDC shall
be free and clear of liens, claims, security interest or
other encumbrances in favor of the Contractor or any
other person or entity whatsoever.
5.2.5 The Contractor shall promptly pay each
Subcontractor out of the amount paid to the
Contractor on account of such Subcontractor's Work,
the amount to which such Subcontractor is entitled.
In the event the CRDC becomes informed that the
Contractor has not paid a Subcontractor as herein
provided, the CRDC shall have the right, but not the
duty, to issue future checks in payment to the
Contractor of amounts otherwise due hereunder
naming the Contractor and such Subcontractor as
joint payees. Such joint check procedure, if
employed by the CRDC, shall create no rights in
favor of any person or entity beyond the right of the
named payees to payment of the check and shall not
be deemed to commit the CRDC to repeat the
procedure in the future.
WAGON WHEEL PARK IMPROVEMENTS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 7
5.2.6 No progress payment, nor any use or
occupancy of the Project by the CRDC shall be
interpreted to constitute an acceptance of any Work
not in strict accordance with this Contract.
5.3 WITHHELD PAYMENT
5.3.1 The CRDC may decline to make
payment, may withhold funds, and, if necessary, may
demand the return of some or all of the amounts
previously paid to the Contractor, to protect the
CRDC from loss because of:
(a) defective Work not remedied by the
Contractor nor, in the opinion of the
CRDC, likely to be remedied by the
Contractor;
(b) claims of third parties against the
CRDC or the property;
(c) failure by the Contractor to pay
Subcontractors or others in a prompt
and proper fashion;
(d) evidence that the balance of the Work
cannot be completed in accordance with
the Contract for the unpaid balance of
the Contract Price,
(e) evidence that the Work will not be
completed in the time required for
substantial or final completion;
(f) persistent failure to carry out the Work
in accordance with the Contract;
(g) damage to the CRDC or a third party to
whom the CRDC is, or may be, liable.
In the event that the CRDC makes
written demand upon the Contractor for amounts
previously paid by the CRDC as contemplated in this
Subparagraph 5.3.1, the Contractor shall promptly
comply with such demand. The CRDC shall have no
duty to third parties to withhold payment to the
Contractor and shall incur no liability for a failure to
withhold funds.
5.4 UNEXCUSED FAILURE TO PAY
5.4.1 If within fifteen (15) days after the date
established herein for payment to the Contractor by
the CRDC, the CRDC, without cause or basis
hereunder, fails to pay the Contractor any amount
then due and payable to the Contractor, then the
Contractor may after ten (10) additional days' written
notice to the CRDC and the Architect, and without
prejudice to any other available rights or remedies it
may have, stop the Work until payment of those
amounts due from the CRDC have been received.
Late payments shall not accrue interest or other late
charges.
5.5 SUBSTANTIAL COMPLETION
5.5.1 When the Contractor believes that the
Work is substantially complete, the Contractor shall
submit to the Architect a list of items to be completed
or corrected. When the Architect on the basis of an
inspection determines that the Work is in fact
substantially complete, it will prepare a Certificate of
Substantial Completion which shall establish the date
of Substantial Completion, shall state the
responsibilities of the CRDC and the Contractor for
Project security, maintenance, heat, utilities, damage
to the Work, and insurance, and shall fix the time
within which the Contractor shall complete the items
listed therein. Guarantees required by the Contract
shall commence on the date of Substantial
Completion of the Work. The Certificate of
Substantial Completion shall be submitted to the
CRDC and the Contractor for their written
acceptance of the responsibilities assigned to them in
such certificate.
Upon Substantial Completion of the Work, and
execution by both the CRDC and the Contractor of
the Certificate of Substantial Completion, the CRDC
shall pay the Contractor an amount sufficient to
increase total payments to the Contractor to one
hundred percent (100%) of the Contract Price less
three hundred percent (300%) of the reasonable cost
as determined by the CRDC and the Architect for
completing all incomplete Work, correcting and
bringing into conformance all defective and
nonconforming Work, and handling all unsettled
claims.
5.6 COMPLETION AND FINAL PAYMENT
5.6.1 When all of the Work is finally
complete and the Contractor is ready for a final
inspection, it shall notify the CRDC and the Architect
thereof in writing. Thereupon, the Architect will
make final inspection of the Work and, if the Work is
complete in full accordance with this Contract and
this Contract has been fully performed, the Architect
will promptly issue a final Certificate for Payment
WAGON WHEEL PARK IMPROVEMENTS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 8
certifying to the CRDC that the Project is complete
and the Contractor is entitled to the remainder of the
unpaid Contract Price, less any amount withheld
pursuant to this Contract. If the Architect is unable to
issue its final Certificate for Payment and is required
to repeat its final inspection of the Work, the
Contractor shall bear the cost of such repeat final
inspection(s) which cost may be deducted by the
CRDC from the Contractor's final payment.
5.6.1.1 If the Contractor fails to achieve final
completion within the time fixed therefor by the
Architect in its Certificate of Substantial Completion,
the Contractor shall pay the CRDC the sum set forth
herein above as liquidated damages per day for each
and every calendar day of unexcused delay in
achieving final completion beyond the date set forth
herein for final completion of the Work. Any sums
due and payable hereunder by the Contractor shall be
payable, not as a penalty, but as liquidated damages
representing an estimate of delay damages likely to
be sustained by the CRDC, estimated at or before the
time of executing this Contract. When the CRDC
reasonably believes that final completion will be
inexcusably delayed, the CRDC shall be entitled, but
not required, to withhold from any amounts
otherwise due the Contractor an amount then
believed by the CRDC to be adequate to recover
liquidated damages applicable to such delays. If and
when the Contractor overcomes the delay in
achieving final completion, or any part thereof, for
which the CRDC has withheld payment, the CRDC
shall promptly release to the Contractor those funds
withheld, but no longer applicable, as liquidated
damages.
5.6.2 The Contractor shall not be entitled to
final payment unless and until it submits to the
Architect its affidavit that all payrolls, invoices for
materials and equipment, and other liabilities
connected with the Work for which the CRDC,
property might be responsible, have been fully paid
or otherwise satisfied; releases and waivers of lien
from all Subcontractors of the Contractor and of any
and all other parties required by the Architect or the
CRDC; consent of Surety, if any, to final payment. If
any third party fails or refuses to provide a release of
claim or waiver of lien as required by the CRDC, the
Contractor shall furnish a bond satisfactory to the
CRDC to discharge any such lien or indemnify the
CRDC from liability.
5.6.3 The CRDC shall make final payment of
all sums due the Contractor within ten (10) days of
the Architect's execution of a final Certificate for
Payment.
5.6.4 Acceptance of final payment shall
constitute a waiver of all claims against the CRDC by
the Contractor except for those claims previously
made in writing against the CRDC by the Contractor,
pending at the time of final payment, and identified
in writing by the Contractor as unsettled at the time
of its request for final payment.
5.6.5 Under no circumstance shall Contractor
be entitled to receive interest on any payments or
monies due Contractor by the CRDC, whether the
amount on which the interest may accrue is timely,
late, wrongfully withheld, or an assessment of
damages of any kind.
ARTICLE VI
THE CRDC
6.1 INFORMATION, SERVICES AND THINGS
REQUIRED FROM CRDC
6.1.1 The CRDC shall furnish to the
Contractor, at the time of executing this Contract, any
and all written and tangible material in its possession
concerning conditions below ground at the site of the
Project.
Such written and tangible material is furnished to the
Contractor only in order to make complete disclosure
of such material and for no other purpose. By
furnishing such material, the CRDC does not
represent, warrant, or guarantee its accuracy either in
whole, in part, implicitly or explicitly, or at all, and
shall have no liability therefor. The CRDC shall also
furnish surveys, legal limitations and utility locations
(if known), and a legal description of the Project site.
6.1.2 Excluding permits and fees normally
the responsibility of the Contractor, the CRDC shall
obtain all approvals, easements, and the like required
for construction and shall pay for necessary
assessments and charges required for construction,
use or occupancy of permanent structures or for
permanent changes in existing facilities.
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CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 9
6.1.3 The CRDC shall furnish the Contractor,
free of charge, one copy of the Contract Documents
for execution of the Work.
6.2 RIGHT TO STOP WORK
6.2.1 If the Contractor persistently fails or
refuses to perform the Work in accordance with this
Contract, or if the best interests of the public health,
safety or welfare so require, the CRDC may order the
Contractor to stop the Work, or any described portion
thereof, until the cause for stoppage has been
corrected, no longer exists, or the CRDC orders that
Work be resumed. In such event, the Contractor shall
immediately obey such order.
6.3 CRDC'S RIGHT TO PERFORM WORK
6.3.1 If the Contractor's Work is stopped by
the CRDC under Paragraph 6.2, and the Contractor
fails within seven (7) days of such stoppage to
provide adequate assurance to the CRDC that the
cause of such stoppage will be eliminated or
corrected, then the CRDC may, without prejudice to
any other rights or remedies the CRDC may have
against the Contractor, proceed to carry out the
subject Work. In such a situation, an appropriate
Change Order shall be issued deducting from the
Contract Price the cost of correcting the subject
deficiencies, plus compensation for the Architect's
additional services and expenses necessitated
thereby, if any. If the unpaid portion of the Contract
Price is insufficient to cover the amount due the
CRDC, the Contractor shall pay the difference to the
CRDC.
ARTICLE VII
THE CONTRACTOR
7.1 The Contractor is again reminded of its
continuing duty set forth in Subparagraph 1.5.7. The
Contractor shall perform no part of the Work at any
time without adequate Contract Documents or, as
appropriate, approved Shop Drawings, Product Data
or Samples for such portion of the Work. If the
Contractor performs any of the Work knowing it
involves a recognized error, inconsistency or
omission in the Contract Documents without such
notice to the Architect, the Contractor shall bear
responsibility for such performance and shall bear the
cost of correction.
7.2 The Contractor shall perform the Work
strictly in accordance with this Contract.
7.3 The Contractor shall supervise and
direct the Work using the Contractor's best skill,
effort and attention. The Contractor shall be
responsible to the CRDC for any and all acts or
omissions of the Contractor, its employees and others
engaged in the Work on behalf of the Contractor.
7.3.1 The Contractor shall give adequate
attention to the faithful prosecution of the Work and
the timely completion of this Contract, with authority
to determine the manner and means of performing
such Work, so long as such methods insure timely
completion and proper performance.
7.3.2 The Contractor shall exercise all
appropriate means and measures to insure a safe and
secure jobsite in order to avoid and prevent injury,
damage or loss to persons or property.
7.4 WARRANTY
7.4.1 The Contractor warrants to the CRDC
that all labor furnished to progress the Work under
this Contract will be competent to perform the tasks
undertaken, that the product of such labor will yield
only first-class results, that materials and equipment
furnished will be of good quality and new unless
otherwise permitted by this Contract, and that the
Work will be of good quality, free from faults and
defects and in strict conformance with this Contract.
All Work not conforming to these requirements may
be considered defective.
7.5 The Contractor shall obtain and pay for
all permits, fees and licenses necessary and ordinary
for the Work. The Contractor shall comply with all
lawful requirements applicable to the Work and shall
give and maintain any and all notices required by
applicable law pertaining to the Work.
7.6 SUPERVISION
7.6.1 The Contractor shall employ and
maintain at the Project site only competent
supervisory personnel. Absent written instruction
from the Contractor to the contrary, the
superintendent shall be deemed the Contractor's
authorized representative at the site and shall be
authorized to receive and accept any and all
communications from the CRDC or the Architect.
WAGON WHEEL PARK IMPROVEMENTS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 10
7.6.2 Key supervisory personnel assigned by the
Contractor to this Project are as follows:
NAME FUNCTION
____________________ ____________________
____________________ ____________________
____________________ ____________________
____________________ ____________________
____________________ ____________________
So long as the individuals named above remain
actively employed or retained by the Contractor, they
shall perform the functions indicated next to their
names unless the CRDC agrees to the contrary in
writing. In the event one or more individuals not
listed above subsequently assume one or more of
those functions listed above, the Contractor shall be
bound by the provisions of this Subparagraph 7.6.2 as
though such individuals had been listed above.
7.7 The Contractor, within fifteen (15) days of
commencing the Work, shall submit to the CRDC
and the Architect for their information, the
Contractor's schedule for completing the Work. The
Contractor's schedule shall be revised no less
frequently than monthly (unless the parties otherwise
agree in writing) and shall be revised to reflect
conditions encountered from time to time and shall
be related to the entire Project. Each such revision
shall be furnished to the CRDC and the Architect.
Failure by the Contractor to strictly comply with the
provisions of this Paragraph 7.7 shall constitute a
material breach of this Contract.
7.8 The Contractor shall continuously
maintain at the site, for the benefit of the CRDC and
the Architect, one record copy of this Contract
marked to record on a current basis changes,
selections and modifications made during
construction. Additionally, the Contractor shall
maintain at the site for the CRDC and Architect the
approved Shop Drawings, Product Data, Samples and
other similar required submittals. Upon final
completion of the Work, all of these record
documents shall be delivered to the CRDC.
7.9 SHOP DRAWINGS, PRODUCT
DATA AND SAMPLES
7.9.1 Shop Drawings, Product Data, Samples
and other submittals from the Contractor do not
constitute Contract Documents. Their purpose is
merely to demonstrate the manner in which the
Contractor intends to implement the Work in
conformance with information received from the
Contract Documents.
7.9.2 The Contractor shall not perform any
portion of the Work requiring submittal and review
of Shop Drawings, Product Data or Samples unless
and until such submittal shall have been approved by
the Architect. Approval by the Architect, however,
shall not be evidence that Work installed pursuant
thereto conforms with the requirements of this
Contract.
7.10 CLEANING THE SITE
AND THE PROJECT
7.10.1 The Contractor shall keep the site
reasonably clean during performance of the Work.
Upon final completion of the Work, the Contractor
shall clean the site and the Project and remove all
waste, rubbish, temporary structures, and other
materials together with all of the Contractor's
property therefrom. Contractor shall dispose of all
refuse at a Texas Natural Resource Conservation
Commission approved landfill. The Contractor shall
further restore all property damaged during the
prosecution of the Work and shall leave the site in a
clean and presentable condition. No additional
payment shall be made by the CRDC for this work,
the compensation having been considered and
included in the contract price.
7.11 ACCESS TO WORK AND INSPECTIONS
7.11.1 The CRDC and the Architect shall have
access to the Work at all times from commencement
of the Work through final completion. The
Contractor shall take whatever steps necessary to
provide access when requested. When reasonably
requested by the CRDC or the Architect, the
Contractor shall perform or cause to be performed
such testing as may be necessary or appropriate to
insure suitability of the jobsite or the Work’s
compliance with the Contract requirements.
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CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 11
7.12 INDEMNITY AND DISCLAIMER
7.12.1 CRDC SHALL NOT BE LIABLE OR
RESPONSIBLE FOR, AND SHALL BE
INDEMNIFIED, DEFENDED, HELD HARMLESS
AND RELEASED BY CONTRACTOR FROM
AND AGAINST ANY AND ALL SUITS,
ACTIONS, LOSSES, DAMAGES, CLAIMS, OR
LIABILITY OF ANY CHARACTER, TYPE, OR
DESCRIPTION, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, AND
ATTORNEY'S FEES FOR INJURY OR DEATH TO
ANY PERSON, OR INJURY OR LOSS TO ANY
PROPERTY, RECEIVED OR SUSTAINED BY
ANY PERSON OR PERSONS, INCLUDING THE
CONTRACTOR, OR PROPERTY, ARISING OUT
OF, OR OCCASIONED BY, DIRECTLY OR
INDIRECTLY, THE PERFORMANCE OF
CONTRACTOR UNDER THIS AGREEMENT,
INCLUDING CLAIMS AND DAMAGES ARISING
IN WHOLE OR IN PART FROM THE
NEGLIGENCE OF CRDC, WITHOUT,
HOWEVER, WAIVING ANY GOVERN-MENTAL
IMMUNITY AVAILABLE TO THE CRDC
UNDER TEXAS LAW AND WITHOUT WAIVING
ANY DEFENSES OF THE PARTIES UNDER
TEXAS LAW. THE PROVISIONS OF THIS
INDEMNI-FICATION ARE SOLELY FOR THE
BENEFIT OF THE PARTIES HERETO AND NOT
INTENDED TO CREATE OR GRANT ANY
RIGHTS, CONTRACTUAL OR OTHERWISE, TO
ANY OTHER PERSON OR ENTITY. IT IS THE
EXPRESSED INTENT OF THE PARTIES TO THIS
AGREEMENT THAT THE INDEMNITY
PROVIDED FOR IN THIS CONTRACT IS AN
INDEMNITY EXTENDED BY CONTRACTOR TO
INDEMNIFY AND PROTECT CRDC FROM THE
CONSEQUENCES OF THE CONTRACTOR’S AS
WELL AS THE CRDC’s NEGLIGENCE,
WHETHER SUCH NEGLIGENCE IS THE SOLE
OR PARTIAL CAUSE OF ANY SUCH INJURY,
DEATH, OR DAMAGE. IN ADDITION,
CONTRACTOR SHALL OBTAIN AND FILE
WITH CRDC A STANDARD CERTIFICATE OF
INSURANCE AND APPLICABLE POLICY
ENDORSEMENT EVIDENCING THE REQUIRED
COVERAGE AND NAMING THE CRDC, CITY
OF COPPELL AS AN ADDITIONAL INSURED
ON THE REQUIRED COVERAGE.
7.12.2 The Contractor will secure and maintain
Contractual Liability insurance to cover this
indemnification agreement that will be primary and
non-contributory as to any insurance maintained by
the CRDC for its own benefit, including self-
insurance. In addition, Contractor shall obtain and
file with Owner City of Coppell a Standard
Certificate of Insurance and applicable policy
endorsement evidencing the required coverage and
naming the owner City of Coppell as an additional
insured on the required coverage.
7.12.3 In claims against any person or entity
indemnified under this Paragraph 7.12 by an
employee of the Contractor, a Subcontractor, anyone
directly or indirectly employed by them or anyone for
whose acts they may be liable, the indemnification
obligation under this Paragraph 7.12 shall not be
limited by a limitation on amount or type of damages,
compensation or benefits payable by or for the
Contractor or a Subcontractor under workers'
compensation acts, disability benefit acts or other
employee benefit acts.
7.13 NONDISCRIMINATION
7.13.1 The Contractor shall not discriminate in
any way against any person, employee or job
applicant on the basis of race, color, creed, national
original, religion, age, sex, or disability where
reasonable accommodations can be effected to enable
the person to perform the essential functions of the
job. The Contractor shall further insure that the
foregoing nondiscrimination requirement shall be
made a part and requirement of each subcontract on
this Project.
7.14 PREVAILING WAGE RATES
7.14.1 The Contractor shall comply in all
respects with all requirements imposed by any laws,
ordinances or resolutions applicable to the Project
with regard to the minimum prevailing wage rates for
all classes of employees, laborers, subcontractors,
mechanics, workmen and persons furnishing labor
and services to the Project. The Coppell Recreation
Development Corporation and The City of Coppell
have adopted a Prevailing Wage Rate Schedule,
available to the Contractor by request, which
specifies the classes and wage rates to be paid to all
persons. The Contractor shall pay not less than the
minimum wage rates established thereby for each
class, craft or type of labor, workman, or mechanic
employed in the execution of this Contract. The
failure of the Contractor to comply with this
requirement shall result in the forfeiture to the City of
Coppell of a sum of not less than Sixty Dollars
($60.00) for each person per day, or portion thereof,
that such person is paid less than the prevailing rate.
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Upon request by the CRDC, Contractor shall make
available for inspection and copying its books and
records, including but not limited to its payroll
records, account information and other documents as
may be required by the CRDC to insure compliance
with this provision.
7.15 JOB SITE SAFETY PRECAUTIONS
7.15.1 The Contractor shall at all times
exercise reasonable precautions for the safety of its
employees, laborers, subcontractors, mechanics,
workmen and others on and near the jobsite and shall
comply with all laws, ordinances, regulations, and
standards of federal, state and local safety laws and
regulations. The Contractor shall provide such
machinery guards, safe walk-ways, ladders, bridges,
and other safety devices as may be necessary or
appropriate to insure a safe and secure jobsite and
shall require its subcontractors to comply with this
requirement. The Contractor shall immediately
comply with any and all safety requirements imposed
by the Architect during the progress of the Work.
7.16 WARNING DEVICES AND BARRICADES
7.16.1 The Contractor shall furnish and maintain
such warning devices, barricades, lights, signs,
pavement markings, and other devices as may be
necessary or appropriate or required by the Architect
to protect persons or property in, near or adjacent to
the jobsite, including . No separate compensation
shall be paid to the Contractor for such measures.
Where the Work is being conducted in, upon or near
streets, alleys, sidewalks, or other rights-of-way, the
Contractor shall insure the placement, maintenance
and operation of any and all such warning devices as
may be required by the City of Coppell and shall do
so until no longer required by the City. Such devices
shall be in compliance with and conform to the
manual and specifications for the uniform system of
traffic control devices adopted by the Texas
Department of Transportation.
7.17 PROTECTION OF UTILITIES
AND OTHER CONTRACTORS
7.17.1 The Contractor shall use best efforts to
leave undisturbed and uninterrupted all utilities and
utility services provided to the jobsite or which
presently exists at, above or beneath the location
where the Work is to be performed. In the event that
any utility or utility service is disturbed or damaged
during the progress of the Work, the Contractor shall
forthwith repair, remedy or restore the utility at
Contractor’s sole expense.
7.17.2 The Contractor understands and
acknowledges that other contractors of the CRDC or
of other entities may be present at the jobsite
performing other work unrelated to the Project. The
Contractor shall use best efforts to work around other
contractors without impeding the work of others
while still adhering to the completion date established
herein. In the event that the Contractor’s work is or
may be delayed by any other person, the Contractor
shall immediately give notice thereof to the Architect
and shall request a written Change Order in
accordance with the procedures set forth by this
Contract. The Contractor’s failure to provide such
notice and to request such Change Order shall
constitute a waiver of any and all claims associated
therewith.
ARTICLE VIII
CONTRACT ADMINISTRATION
8.1 THE ARCHITECT
8.1.1 When used in this Contract the term
“Architect” does not necessarily denote a duly
licensed, trained or certified architect; as used herein,
the term shall be used interchangeably and shall
mean a designated Architect, Engineer, or Contract
Administrator (who may not be an architect or
engineer) for the CRDC, said person to be designated
or redesignated by the CRDC prior to or at any time
during the Work hereunder. The Architect may be an
employee of the CRDC, or may be retained by the
CRDC, as an independent contractor but, in either
event, the Architect’s duties and authority shall be as
set forth hereinafter. The Contractor understands and
agrees that it shall abide by the decisions and
instructions of the Architect notwithstanding the
contractual relationship between the CRDC and
Architect. All of the CRDC’s instructions to the
Contractor shall be through the Architect.
In the event the CRDC should find it necessary or
convenient to replace the Architect, the CRDC shall
retain a replacement Architect and the status of the
replacement Architect shall be that of the former
Architect.
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8.2 ARCHITECT'S ADMINISTRATION
8.2.1 The Architect, unless otherwise directed
by the CRDC in writing, will perform those duties
and discharge those responsibilities allocated to the
Architect as set forth in this Contract. The Architect
shall be the CRDC's representative from the effective
date of this Contract until final payment has been
made.
8.2.2 The CRDC and the Contractor shall
communicate with each other in the first instance
through the Architect.
8.2.3 The Architect shall be the initial
interpreter of the requirements of the drawings and
specifications and the judge of the performance
thereunder by the Contractor. The Architect shall
render written or graphic interpretations necessary for
the proper execution or progress of the Work with
reasonable promptness on request of the Contractor.
8.2.4 The Architect will review the
Contractor's Applications for Payment and will
certify to the CRDC for payment to the Contractor,
those amounts then due the Contractor as provided in
this Contract.
8.2.5 The Architect shall have authority to
reject Work which is defective or does not conform
to the requirements of this Contract. If the Architect
deems it necessary or advisable, the Architect shall
have authority to require additional inspection or
testing of the Work for compliance with Contract
requirements.
8.2.6 The Architect will review and approve,
or take other appropriate action as necessary,
concerning the Contractor's submittals including
Shop Drawings, Product Data and Samples. Such
review, approval or other action shall be for the sole
purpose of determining conformance with the design
concept and information given through the Contract
Documents.
8.2.7 The Architect will prepare Change
Orders and may authorize minor changes in the Work
by Field Order as provided elsewhere herein.
8.2.8 The Architect shall, upon written
request from the Contractor, conduct inspections to
determine the date of Substantial Completion and the
date of final completion, will receive and forward to
the CRDC for the CRDC's review and records,
written warranties and related documents required by
this Contract and will issue a final Certificate for
Payment upon compliance with the requirements of
this Contract.
8.2.9 The Architect's decisions in matters
relating to aesthetic effect shall be final if consistent
with the intent of this Contract.
8.3 CLAIMS BY THE CONTRACTOR
8.3.1 The Architect shall determine all claims
and matters in dispute between the Contractor and
CRDC with regard to the execution, progress, or
sufficiency of the Work or the interpretation of the
Contract Documents, including but not limited to the
plans and specifications. Any dispute shall be
submitted in writing to the Architect within seven (7)
days of the event or occurrence or the first
appearance of the condition giving rise to the claim
or dispute who shall render a written decision within
a reasonable time thereafter. The Architect’s
decisions shall be final and binding on the parties. In
the event that either party objects to the Architect’s
determination as to any submitted dispute, that party
shall submit a written objection to the Architect and
the opposing party within ten (10) days of receipt of
the Architect’s written determination in order to
preserve the objection. Failure to so object shall
constitute a waiver of the objection for all purposes.
8.3.2 Pending final resolution of any claim of
the Contractor, the Contractor shall diligently
proceed with performance of this Contract and the
CRDC shall continue to make payments to the
Contractor in accordance with this Contract.
8.3.3 CLAIMS FOR CONCEALED, LATENT OR
UNKNOWN CONDITIONS - The Contractor expressly
represents that it has been provided with an adequate
opportunity to inspect the Project site and thoroughly
review the Contract Documents and plans and
specifications prior to submission of its bid and the
CRDC’s acceptance of the bid. Subject to the
conditions hereof, Contractor assumes full
responsibility and risk for any concealed, latent or
unknown condition which may affect the Work. No
claims for extra work or additional compensation
shall be made by Contractor in connection with
concealed, latent or unknown conditions except as
expressly provided herein. Should concealed, latent
or unknown conditions encountered in the
performance of the Work (a) below the surface of the
ground or (b) in an existing structure be at variance
with the conditions indicated by this Contract, or
should unknown conditions of an unusual nature
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differing materially from those ordinarily
encountered in the area and generally recognized as
inherent in Work of the character provided for in this
Contract, be encountered, the Contract Price shall be
equitably adjusted by Change Order upon the written
notice and claim by either party made within seven
(7) days after the first observance of the condition.
As a condition precedent to the CRDC having any
liability to the Contractor for concealed or unknown
conditions, the Contractor must give the CRDC and
the Architect written notice of, and an opportunity to
observe, the condition prior to disturbing it. The
failure by the Contractor to make the written notice
and claim as provided in this Subparagraph shall
constitute a waiver by the Contractor of any claim
arising out of or relating to such concealed, latent or
unknown condition and the Contractor thereby
assumes all risks and additional costs associated
therewith.
8.3.4 CLAIMS FOR ADDITIONAL COSTS - If the
Contractor wishes to make a claim for an increase in
the Contract Price, as a condition precedent to any
liability of the CRDC therefor, the Contractor shall
give the Architect written notice of such claim within
seven (7) days after the occurrence of the event, or
the first appearance of the condition, giving rise to
such claim. Such notice shall be given by the
Contractor before proceeding to execute any
additional or changed Work. The failure by the
Contractor to give such notice and to give such notice
prior to executing the Work shall constitute a waiver
of any claim for additional compensation.
8.3.4.1 In connection with any claim by the
Contractor against the CRDC for compensation in
excess of the Contract Price, any liability of the
CRDC for the Contractor's costs shall be strictly
limited to direct costs incurred by the Contractor and
shall in no event include indirect costs or
consequential damages of the Contractor. The
CRDC shall not be liable to the Contractor for claims
of third parties, including Subcontractors. The CRDC
shall not be liable to the Contractor for any claims
based upon delay to the Contractor for any reason
whatsoever including any act or neglect on the part of
the CRDC.
8.3.5 CLAIMS FOR ADDITIONAL TIME - If the
Contractor is delayed in progressing any task which
at the time of the delay is then critical or which
during the delay becomes critical, as the sole result of
any act or neglect to act by the CRDC or someone
acting in the CRDC's behalf, or by changes ordered
in the Work, unusual delay in transportation,
unusually adverse weather conditions not reasonably
anticipated, fire or any causes beyond the
Contractor's control, then the date for achieving
Substantial Completion of the Work shall be
extended upon the written notice and claim of the
Contractor to the CRDC and the Architect, for such
reasonable time as the Architect may determine. Any
notice and claim for an extension of time by the
Contractor shall be made not more than seven (7)
days after the occurrence of the event or the first
appearance of the condition giving rise to the claim
and shall set forth in detail the Contractor's basis for
requiring additional time in which to complete the
Project. In the event the delay to the Contractor is a
continuing one, only one notice and claim for
additional time shall be necessary. If the Contractor
fails to make such claim as required in this
Subparagraph, any claim for an extension of time
shall be waived. The procedures and remedies
provided by this provision shall be the sole remedy of
Contractor and Contractor shall not assert nor be
entitled to any additional delays or damages
associated therewith.
8.4 FIELD ORDERS
8.4.1 The Architect shall have authority to
order minor changes in the Work not involving a
change in the Contract Price or in Contract Time and
not inconsistent with the intent of the Contract. Such
changes shall be effected by Field Order and shall be
binding upon the Contractor. The Contractor shall
carry out such Field Orders promptly.
8.5 MEDIATION
8.5.1 In the event that a dispute arises under
the terms of this Contract, following an adverse
determination by the Architect and proper
preservation of the issue as required herein, the
parties agree to submit to mediation. In such event,
the parties shall agree to a designated person to serve
as mediator and each party shall be responsible for
payment of one-half of the total mediation fees. The
parties shall submit the dispute to mediation as soon
as practical and in no event later than one (1) year
after the Architect’s written decision on the matter.
At least one designated representative of each party
must attend and participate in good faith in an effort
to resolve the matters in dispute.
8.5.2 In no event shall the foregoing
provision justify or authorize any delay in the
progress of the Work; the parties shall abide by the
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decision of the Architect in accomplishing the timely
completion of the Project.
ARTICLE IX
SUBCONTRACTORS
9.1 DEFINITION
9.1.1 A Subcontractor is an entity which has a
direct contract with the Contractor to perform a
portion of the Work. No Subcontractor shall be in
privity with the CRDC.
9.2 AWARD OF SUBCONTRACTS
9.2.1 Upon execution of the Contract, the
Contractor shall furnish the CRDC, in writing, the
names of persons or entities proposed by the
Contractor to act as a Subcontractor on the Project.
The CRDC shall promptly reply to the Contractor, in
writing, stating any objections the CRDC may have
to such proposed Subcontractor. The Contractor
shall not enter into a subcontract with a proposed
Subcontractor with reference to whom the CRDC has
made timely objection. The Contractor shall not be
required to subcontract with any party to whom the
Contractor has objection.
9.2.2 All subcontracts shall afford the
Contractor rights against the Subcontractor which
correspond to those rights afforded to the CRDC
against the Contractor herein, including those rights
afforded to the CRDC by Subparagraph 12.2.1
below. All subcontracts shall incorporate by
reference the provisions hereof and shall provide that
no claims, causes or demands shall be made by any
Subcontractor against the CRDC.
9.2.3 The Contractor shall indemnify, defend
and hold harmless the CRDC from and against any
and all claims, demands, causes of action, damage,
and liability asserted or made against the CRDC by
or on behalf of any Subcontractor.
ARTICLE X
CHANGES IN THE WORK
10.1 CHANGES PERMITTED
10.1.1 Changes in the Work within the general
scope of this Contract, consisting of additions,
deletions, revisions, or any combination thereof, may
be ordered without invalidating this Contract, by
Change Order or by Field Order.
10.1.2 Changes in the Work shall be
performed under applicable provisions of this
Contract and the Contractor shall proceed promptly
with such changes.
10.2 CHANGE ORDER DEFINED
10.2.1 Change Order shall mean a written
order to the Contractor executed by the CRDC and
the Architect, issued after execution of this Contract,
authorizing and directing a change in the Work or an
adjustment in the Contract Price or the Contract
Time, or any combination thereof. The Contract
Price and the Contract Time may be changed only by
written Change Order.
10.3 CHANGES IN THE CONTRACT PRICE
10.3.1 Any change in the Contract Price
resulting from a Change Order shall be determined as
follows: (a) by mutual agreement between the CRDC
and the Contractor as evidenced by (1) the change in
the Contract Price being set forth in the Change
Order, (2) such change in the Contract Price, together
with any conditions or requirements related thereto,
being initialed by both parties and (3) the
Contractor's execution of the Change Order, or (b) if
no mutual agreement occurs between the CRDC and
the Contractor, then, as provided in Subparagraph
10.3.2 below.
10.3.2 If no mutual agreement occurs between
the CRDC and the Contractor as contemplated in
Subparagraph 10.3.1 above, the change in the
Contract Price, if any, shall then be determined by the
Architect on the basis of the reasonable expenditures
or savings of those performing, deleting or revising
the Work attributable to the change, including, in the
case of an increase or decrease in the Contract Price,
a reasonable allowance for direct job site overhead
and profit. In such case, the Contractor shall present,
in such form and with such content as the CRDC or
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the Architect requires, an itemized accounting of
such expenditures or savings, plus appropriate
supporting data for inclusion in a Change Order.
Reasonable expenditures or savings shall be limited
to the following: reasonable costs of materials,
supplies, or equipment including delivery costs,
reasonable costs of labor, including social security,
old age and unemployment insurance, fringe benefits
required by agreement or custom, and workers'
compensation insurance, reasonable rental costs of
machinery and equipment exclusive of hand tools
whether rented from the Contractor or others,
reasonable costs of premiums for all bonds and
insurance, permit fees, and sales, use or other taxes
related to the Work, and reasonable cost of direct
supervision and jobsite field office overhead directly
attributable to the change. In no event shall any
expenditure or savings associated with the
Contractor's home office or other non-jobsite
overhead expense be included in any change in the
Contract Price. Pending final determination of
reasonable expenditures or savings to the CRDC,
payments on account shall be made to the Contractor
on the Architect's Certificate for Payment.
10.3.3 If unit prices are provided in the
Contract, and if the quantities contemplated are so
changed in a proposed Change Order that application
of such unit prices to the quantities of Work proposed
will cause substantial inequity to the CRDC or to the
Contractor, the applicable unit prices shall be
equitably adjusted.
10.4 MINOR CHANGES
10.4.1 The Architect shall have authority to
order minor changes in the Work not involving a
change in the Contract Price or an extension of the
Contract Time and not inconsistent with the intent of
this Contract. Such minor changes shall be made by
written Field Order, and shall be binding upon the
CRDC and the Contractor. The Contractor shall
promptly carry out such written Field Orders.
10.5 EFFECT OF EXECUTED
CHANGE ORDER
10.5.1 The execution of a Change Order by the
Contractor shall constitute conclusive evidence of the
Contractor's agreement to the ordered changes in the
Work, this Contract as thus amended, the Contract
Price and the Contract Time. The Contractor, by
executing the Change Order, waives and forever
releases any claim against the CRDC for additional
time or compensation for matters relating to or
arising out of or resulting from the Work included
within or affected by the executed Change Order.
10.6 NOTICE TO SURETY; CONSENT
10.6.1 The Contractor shall notify and obtain
the consent and approval of the Contractor's surety
with reference to all Change Orders if such notice,
consent or approval are required by the Contractor's
surety or by law. The Contractor's execution of the
Change Order shall constitute the Contractor's
warranty to the CRDC that the surety has been
notified of and consents to, such Change Order and
the surety shall be conclusively deemed to have been
notified of such Change Order and to have expressly
consented thereto.
ARTICLE XI
UNCOVERING AND CORRECTING WORK
11.1 UNCOVERING WORK
11.1.1 If any of the Work is covered contrary
to the Architect's request or to any provisions of this
Contract, it shall, if required by the Architect or the
CRDC, be uncovered for the Architect's inspection
and shall be properly replaced at the Contractor's
expense without change in the Contract Time.
11.1.2 If any of the Work is covered in a
manner not inconsistent with Subparagraph 11.1.1
above, it shall, if required by the Architect or CRDC,
be uncovered for the Architect's inspection. If such
Work conforms strictly with this Contract, costs of
uncovering and proper replacement shall by Change
Order be charged to the CRDC. If such Work does
not strictly conform with this Contract, the
Contractor shall pay the costs of uncovering and
proper replacement.
11.2 CORRECTING WORK
11.2.1 The Contractor shall immediately
proceed to correct Work rejected by the Architect as
defective or failing to conform to this Contract. The
Contractor shall pay all costs and expenses associated
with correcting such rejected Work, including any
additional testing and inspections, and reimbursement
to the CRDC for the Architect's services and
expenses made necessary thereby.
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11.2.2 If within one (1) year after Substantial
Completion of the Work any of the Work is found to
be defective or not in accordance with this Contract,
the Contractor shall correct it promptly upon receipt
of written notice from the CRDC. This obligation
shall survive final payment by the CRDC and
termination of this Contract. With respect to Work
first performed and completed after Substantial
Completion, this one year obligation to specifically
correct defective and nonconforming Work shall be
extended by the period of time which elapses
between Substantial Completion and completion of
the subject Work.
11.2.3 Nothing contained in this Paragraph
11.2 shall establish any period of limitation with
respect to other obligations which the Contractor has
under this Contract. Establishment of the one year
time period in Subparagraph 11.2.2 relates only to the
duty of the Contractor to specifically correct the
Work.
11.3 CRDC MAY ACCEPT DEFECTIVE
OR NONCONFORMING WORK
11.3.1 If the CRDC chooses to accept
defective or nonconforming Work, the CRDC may
do so. In such event, the Contract Price shall be
reduced by the greater of (a) the reasonable cost of
removing and correcting the defective or
nonconforming Work, and (b) the difference between
the fair market value of the Project as constructed and
the fair market value of the Project had it not been
constructed in such a manner as to include defective
or nonconforming Work. If the remaining portion of
the unpaid Contract Price, if any, is insufficient to
compensate the CRDC for its acceptance of defective
or nonconforming Work, the Contractor shall, upon
written demand from the CRDC, pay the CRDC such
remaining compensation for accepting defective or
nonconforming Work.
ARTICLE XII
CONTRACT TERMINATION
12.1 TERMINATION BY THE CONTRACTOR
12.1.1 If the Work is stopped for a period of
ninety (90) days by an order of any court or other
public authority, or as a result of an act of the
Government, through no fault of the Contractor or
any person or entity working directly or indirectly for
the Contractor, the Contractor may, upon ten (10)
days' written notice to the CRDC and the Architect,
terminate performance under this Contract and
recover from the CRDC payment for the actual
reasonable expenditures of the Contractor (as limited
in Subparagraph 10.3.2 above) for all Work executed
and for materials, equipment, tools, construction
equipment and machinery actually purchased or
rented solely for the Work, less any salvage value of
any such items.
12.1.2 If the CRDC shall persistently or
repeatedly fail to perform any material obligation to
the Contractor for a period of fifteen (15) days after
receiving written notice from the Contractor of its
intent to terminate hereunder, the Contractor may
terminate performance under this Contract by written
notice to the Architect and the CRDC. In such event,
the Contractor shall be entitled to recover from the
CRDC as though the CRDC had terminated the
Contractor's performance under this Contract for
convenience pursuant to Subparagraph 12.2.1
hereunder.
12.2 TERMINATION BY THE CRDC
12.2.1 FOR CONVENIENCE
12.2.1.1 The CRDC may for any reason
whatsoever terminate performance under this
Contract by the Contractor for convenience. The
CRDC shall give written notice of such termination
to the Contractor specifying when termination
becomes effective.
12.2.1.2 The Contractor shall incur no further
obligations in connection with the Work and the
Contractor shall stop Work when such termination
becomes effective. The Contractor shall also
terminate outstanding orders and subcontracts. The
Contractor shall settle the liabilities and claims
arising out of the termination of subcontracts and
orders. The CRDC may direct the Contractor to
assign the Contractor's right, title and interest under
terminated orders or subcontracts to the CRDC or its
designee.
12.2.1.3 The Contractor shall transfer title and
deliver to the CRDC such completed or partially
completed Work and materials, equipment, parts,
fixtures, information and Contract rights as the
Contractor has.
12.2.1.4 (a) The Contractor shall submit a
termination claim to the CRDC and
the Architect specifying the amounts
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due because of the termination for
convenience together with costs,
pricing or other data required by the
Architect. If the Contractor fails to
file a termination claim within one (1)
year from the effective date of
termination, the CRDC shall pay the
Contractor, an amount derived in
accordance with subparagraph (c)
below.
(b) The CRDC and the Contractor may
agree to the compensation, if any, due
to the Contractor hereunder.
(c) Absent agreement to the amount due
to the Contractor, the CRDC shall
pay the Contractor the following
amounts:
(i) Contract prices for labor, materials,
equipment and other services
accepted under this Contract;
(ii) Reasonable costs incurred in
preparing to perform and in
performing the terminated portion of
the Work, and in terminating the
Contractor's performance, plus a fair
and reasonable allowance for
overhead and profit thereon (such
profit shall not include anticipated
profit or consequential damages),
provided however, that if it appears
that the Contractor would have not
profited or would have sustained a
loss if the entire Contract would have
been completed, no profit shall be
allowed or included and the amount
of compensation shall be reduced to
reflect the anticipated rate of loss, if
any;
(iii) Reasonable costs of settling and
paying claims arising out of the
termination of subcontracts or orders
pursuant to Subparagraph 12.2.1.2 of
this Paragraph. These costs shall not
include amounts paid in accordance
with other provisions hereof.
The total sum to be paid the Contractor under this
Subparagraph 12.2.1 shall not exceed the total
Contract Price, as properly adjusted, reduced by the
amount of payments otherwise made, and shall in no
event include duplication of payment.
12.2.2 FOR CAUSE
12.2.2.1 If the Contractor persistently or
repeatedly refuses or fails to prosecute the Work in a
timely manner, abandons the jobsite and fails to
resume work within five (5) days of written notice
thereof by the CRDC, fails to grant or allow access to
the jobsite by the CRDC or Architect, fails to supply
enough properly skilled workers, supervisory
personnel or proper equipment or materials, fails to
make prompt payment to Subcontractors or for
materials or labor, persistently disregards laws,
ordinances, rules, regulations or orders of any public
authority having jurisdiction, or otherwise is guilty of
a violation of a material provision of this Contract,
then the CRDC may by written notice to the
Contractor, without prejudice to any other right or
remedy, terminate the employment of the Contractor
and take possession of the site and of all materials,
equipment, tools, construction equipment and
machinery thereon owned by the Contractor and may
finish the Work by whatever methods it may deem
expedient. In such case, the Contractor shall not be
entitled to receive any further payment until the
Work is finished.
12.2.2.2 If the unpaid balance of the Contract
Price does not exceed the cost of finishing the work,
including compensation for the Architect's additional
services and expenses made necessary thereby, such
difference shall be paid by the Contractor to the
CRDC. This obligation for payment shall survive the
termination of the Contract.
12.2.2.3 In the event the employment of the
Contractor is terminated by the CRDC for cause
pursuant to Subparagraph 12.2.2 and it is
subsequently determined by a Court of competent
jurisdiction that such termination was without cause,
such termination shall thereupon be deemed a
Termination for Convenience under Subparagraph
12.2.1 and the provisions of Subparagraph 12.2.1
shall apply.
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ARTICLE XIII
INSURANCE
13.1 CONTRACTOR SHALL
MAINTAIN INSURANCE
13.1.1 The Contractor at his own expense shall
purchase, maintain and keep in force during the life
of this contract, adequate insurance that will protect
the Contractor and/or any Additional Insured from
claims which may arise out of or result from
operations under this contract. The insurance required
shall provide adequate protections from all claims,
whether such operations be by the Contractor or by
any Additional Insured or by any Subcontractor or by
anyone directly or indirectly employed by any of
them, or by anyone whose acts of any of them may
be liable and from any special hazards, such as
blasting, which may be encountered in the
performance of this contract in the amounts as shown
below in Paragraph 13.2.1.
13.1.2 The Contractor shall not commence
work on any Contract in the City of Coppell until the
Contractor has obtained all the insurance required
under this paragraph and such insurance has been
approved by the City.
13.2 TYPES AND AMOUNTS OF
CONTRACTOR’S INSURANCE
13.2.1. The Contractor shall furnish and
maintain during the life of the contract adequate
Worker's Compensation and Commercial General
Liability (Public) Insurance in such amounts as
follows:
Type of Insurance Amount
Worker's Compensation as set forth in the Worker's
Compensation Act.
Commercial General $1,000,000 Each
Accident/Occurrence.
Liability (Public) $1,000,000 Aggregate
$1,000,000 Products &
Completed Operations
Aggregate.
CRDC’s Protective $600,000 per occurrence
Liability Insurance $1,000,000 aggregate
Excess/Umbrella Liability $1,000,000 per occurrence
w/drop down coverage
Endorsement CG 2503 Amendment Aggregate
Limit of Insurance per
Project or CRDC's and
Contractor's Protective
Liability Insurance for the
Project.
Automobile Liability $500,000 Combined
single limit per
occurrence.
13.3 ADDITIONAL INSURED
The Coppell Recreation Development Corporation
and the City of Coppell shall be named as an
additional insured on the Commercial General
Liability (Public), Protective Liability, and
Excess/Umbrella Liability Insurance Policies
furnished by the Contractor.
13.4 WRITTEN NOTIFICATION
Each insurance policy shall contain a provision
requiring that thirty (30) days prior to expiration,
cancellation, non-renewal or any material change in
coverage, a notice there of shall be given by certified
mail to the Division of Purchasing, City of Coppell,
255 Parkway Blvd., Coppell, Texas, 75019.
13.5 PREMIUMS AND ASSESSMENTS
Companies issuing the insurance policies shall have
no recourse against the City for payment of any
premiums or assessments for any deductibles which
are at the sole responsibility and risk of the
Contractor.
13.6 CERTIFICATE OF INSURANCE
Proof that the insurance is in force shall be furnished
to the City on City of Coppell Standard Certificate of
Insurance Forms. In the event any insurance policy
shown on the Certificate of Insurance has an
expiration date that is prior to the completion and
final acceptance of the project by the CRDC, the
contractor shall furnish the City proof of identical
continued coverage no later than thirty (30) days
prior to the expiration date shown on the Certificate
of Insurance.
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13.7 PRIMARY COVERAGE
The coverages provided herein shall be primary and
noncontributory with any other insurance maintained
by the City of Coppell, Texas, for its benefit,
including self insurance.
13.8 WORKER’S COMPENSATION
INSURANCE COVERAGE
13.8.1 The Contractor shall:
(1) provide coverage for its employees
providing services on a project, for the
duration of the project based on proper
reporting of classification codes and
payroll amounts and filing of any
coverage agreements;
(2) provide a certificate of coverage showing
workers' compensation coverage to the
governmental entity prior to beginning
work on the project;
(3) provide the governmental entity prior to
the end of the coverage period, a new
certificate of coverage showing extension
of coverage, if the coverage period shown
on the contractor's current certificate of
coverage ends during the duration of the
project;
(4) obtain from each person providing
services on a project, and provide to the
governmental entity:
(A) a certificate of coverage, prior to that
person beginning work on the project,
so the governmental entity will have
on file certificates of coverage
showing coverage for all persons
providing services on the project; and
(B) no later than seven days after receipt
by the contractor, a new certificate of
coverage showing extension of
coverage, if the coverage period
shown on the current certificate of
coverage ends during the duration of
the project;
(5) retain all required certificates of coverage
on file for the duration of the project and
for one year thereafter;
(6) notify the governmental entity in writing
by certified mail or personal delivery,
within 10 days after the contractor knew
or should have known, of any change that
materially affects the provision of
coverage of any person providing services
on the project;
(7) post a notice on each project site
informing all persons providing services
on the project that they are required to be
covered, and stating how a person may
verify current coverage and report failure
to provide coverage. This notice does not
satisfy other posting requirements
imposed by the Act or other commission
rules. This notice must be printed with a
title in at least 30 point bold type and text
in at least 19 point normal type, and shall
be in both English and Spanish and any
other language common to the worker
population. The text for the notices shall
be the following text provided by the
Texas Worker’s Compensation Comm-
ission on the sample notice, without any
additional words or changes:
REQUIRED WORKERS' COMPENSATION
COVERAGE
"The law requires that each person working on this
site or providing services related to this construction
project must be covered by workers' compensation
insurance. This includes persons providing, hauling,
or delivering equipment or materials, or providing
labor or transportation or other service related to the
project, regardless of the identity of their employer or
status as an employee."
"Call the Texas Workers' Compensation Commission
at 512-440-3789 to receive information on the legal
requirement for coverage, to verify whether your
employer has provided the required coverage, or to
report an employer's failure to provide coverage."
and
(8) contractually require each person with
whom it contracts to provide services on a
project, to:
(A) provide coverage based on proper
reporting of classification codes
and payroll amounts and filing of
WAGON WHEEL PARK IMPROVEMENTS
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any coverage agreements for all of
its employees providing services on
the project, for the duration of the
project;
(B) provide a certificate of coverage to
the contractor prior to that person
beginning work on the project;
(C) include in all contracts to provide
services on the project the language
in subsection (e)(3) of this rule;
(D) provide the Contractor, prior to the
end of the coverage period, a new
certificate of coverage showing
extension of coverage, if the
coverage period shown on the
current certificate of coverage ends
during the duration of the project;
(E) obtain from each other person with
whom it contracts, and provide to
the Contractor:
(i) a certificate of coverage,
prior to the other person
beginning work on the
project; and
(ii) prior to the end of the
coverage period, a new
certificate of coverage
showing extension of the
coverage period, if the
coverage period shown on
the current certificate of
coverage ends during the
duration of the project;
(F) retain all required certificates of
coverage on file for the duration of
the project and for one year
thereafter;
(G) notify the governmental entity in
writing by certified mail or
personal delivery, within 10 days
after the person knew or should
have known, of any change that
materially affects the provision of
coverage of any person providing
services on the project; and
(H) contractually require each other
person with whom it contracts, to
perform as required by sub-
paragraphs (A) - (H) of this
paragraph, with the certificate of
coverage to be provided to the
person for whom they are
providing services.
ARTICLE XIV
MISCELLANEOUS
14.1 LAWS AND ORDINANCES
14.1.1 The Contractor shall at all times and in
all respects observe and comply with all federal, state
and local laws, ordinances, and regulations applicable
to the Project and Work. The Contractor shall further
insure that all Subcontractors observe and comply
with said laws, ordinances and regulations.
14.2 GOVERNING LAW
14.2.1 The Contract shall be governed by the
laws of the State of Texas. Venue for any causes of
action arising under the terms or provisions of this
Contract or the Work to be performed hereunder shall
be in the courts of Dallas County, Texas.
14.3 SUCCESSORS AND ASSIGNS
14.3.1 The CRDC and Contractor bind
themselves, their successors, assigns and legal
representatives to the other party hereto and to
successors, assigns and legal representatives of such
other party in respect to covenants, agreements and
obligations contained in this Contract. The
Contractor shall not assign this Contract without
written consent of the CRDC.
14.4 SURETY BONDS
14.4.1 If the Contract Price exceeds the sum of
$25,000.00, the Contractor shall furnish separate
performance and payment bonds to the CRDC, and
the City of Coppell according to the requirements set
out in the bid documents and state statutes to
guaranty full and faithful performance of the Contract
and the full and final payment of all persons
supplying labor or materials to the Project. Each
bond required by the bid documents or state statute
shall set forth a penal sum in an amount not less than
WAGON WHEEL PARK IMPROVEMENTS
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the Contract Price. Each bond furnished by the
Contractor shall incorporate by reference the terms of
this Contract as fully as though they were set forth
verbatim in such bonds. In the event the Contract
Price is adjusted by Change Order executed by the
Contractor, the penal sum of both the performance
bond and the payment bond shall be deemed
increased by like amount. The performance and
payment bonds furnished by the Contractor shall be
in form suitable to the CRDC and shall be executed
by a surety, or sureties, reasonably suitable to the
CRDC and authorized to do business in the State of
Texas by the State Board of Insurance.
14.4.2 If the Contract Price exceeds the sum of
$25,000.00, the Contractor, upon execution of the
Contract and prior to commencement of the Work,
shall furnish to the CRDC and the City of Coppell a
two-year maintenance bond in the amount of one
hundred percent (100%) of the Contract Price
covering the guaranty and maintenance prescribed
herein, written by an approved surety authorized and
duly licensed to conduct business in the State of
Texas. The cost of said maintenance bond shall be
included in the Contractor’s unit bid prices and shall
be paid by the Contractor.
14.5 SEVERABILITY
14.5.1 The provisions of this Contract are
herein declared to be severable; in the event that any
term, provision or part hereof is determined to be
invalid, void or unenforceable, such determination
shall not affect the validity or enforceability of the
remaining terms, provisions and parts, and this
Contract shall be read as if the invalid, void or
unenforceable portion had not be included herein.
14.6 AMENDMENTS
14.6.1 This Contract may be amended by the
parties only by a written agreement duly executed by
both parties. The failure of the CRDC to object to
any nonperformance or nonconforming work or to
enforce any provision hereof shall in no event be
regarded as or construed to be a waiver, release or
modification of any term or provision in this
Contract, nor shall such failure to object or enforce
stop the CRDC from insisting on strict compliance
with this Contract or from recovering damages, costs
or expenses arising as a result of such
nonperformance or nonconforming work.
14.7 NOTICES
14.6.1 All notices required by this Contract
shall be presumed received when deposited in the
mail properly addressed to the other party or
Architect at the address set forth herein or set forth in
a written designation of change of address delivered
to all parties and the Architect.
WAGON WHEEL PARK IMPROVEMENTS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 23
CORPORATE ACKNOWLEDGMENT
THE STATE OF ____________________
COUNTY OF ______________________
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally
appeared:
_______________________________ _______________________________
(Print Name) (Print Title)
of _____________________________, the Contractor designated herein above, known to me to be the person and
officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of
the said Contractor, a corporation, that he was duly authorized to perform the same by appropriate resolution of the
board of directors of such corporation and that he executed the same as the act and deed of such corporation for the
purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _____ day of ________________, A.D., 200__.
__________________________________________
Notary Public In and For
__________________County, _________________
My Commission expires: _________________
CITY MANAGER’S ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this
day personally appeared the undersigned, City Manager of the City of Coppell, Texas, a municipal corporation,
known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged
to me that the same was the act of the said City of Coppell, Texas, a municipal corporation, that he/she was duly
authorized to perform the same by appropriate resolution of the City Council of the City of Coppell and that he/she
executed the same as the act of the said City for purpose and consideration therein expressed, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of ____________, A.D.,
200__.
__________________________________
Notary Public in and for the State of Texas
My Commission expires: __________________
WAGON WHEEL PARK IMPROVEMENTS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 24
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS: That
________________________________________________________________whose address is
______________________________________________________________________________
hereinafter called Principal, and
____________________________________________________, a corporation organized and
existing under the laws of the State of _______________ and fully licensed to transact business
in the State of Texas, as Surety, are held and firmly bound unto the CITY OF COPPELL,
TEXAS a municipal corporation organized and existing under the laws of the State of Texas, a
municipal corporation organized and existing under the laws of the State of Texas, hereinafter
called "Owner”, in the penal sum of ___________________________________
________________________________________________ dollars ($_____________ ) plus
________________________ percent of the stated penal sum as an additional sum of money
representing additional court expenses, attorney's fees, and liquidated damages arising out of or
connected with the below identified Contract in lawful money of the United States, to be paid in
Dallas County, Texas, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by
these presents. This Bond shall automatically be increased by the amount of any Change Order
or Supplemental Agreement which increases the Contract price, but in no event shall a Change
Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of
this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract with the City of Coppell, the Owner, dated the __________ day of
___________, A.D., 2005, which is made a part hereof by reference, for the
______________________________________________________________________________
______________________________________________________________________________
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
its duties and make prompt payment to all persons, firms, subcontractors, corporations and
claimants supplying labor and/or material in the prosecution of the Work provided for in said
Contract and any and all duly authorized modifications of said Contract that may hereafter be
made. notice of which modification to the Surety is hereby expressly waived; the this obligation
shall be void; otherwise it shall remain in full force and effect.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to Contract or to the Work
performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall
in anywise affect its obligation on this Bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be
performed thereunder.
This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated
Civil Statutes, and any other applicable statues of the State of Texas.
WAGON WHEEL PARK IMPROVEMENTS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 25
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Tarrant County or Dallas County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising out of such suretyship,
as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the
State of Texas.
IN WITNESS WHEREOF, this instrument is executed in ___________copies, each one
of which shall be deemed an original, this, the__________ day of ________________., 2005.
PRINCIPAL
___________________________________
ATTEST: By: ________________________________
Name: ______________________________
_______________________________ Title _______________________________
SURETY
____________________________________
ATTEST: By _________________________________
Name ______________________________
_______________________________ Title _______________________________
The Resident Agent of the Surety in Tarrant or Dallas County, Texas, for delivery of notice and
service of the process is:
Name:
_________________________________________________________________________
Street Address:
__________________________________________________________________
NOTE:Date of Payment Bond must be date of Contract If Resident Agent is not a corporation,
give a person's name.
WAGON WHEEL PARK IMPROVEMENTS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 26
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS: That
________________________________________________________________whose address is
______________________________________________________________________________
hereinafter called Principal, and ___________________________________________________,
a corporation organized and existing under the laws of the State of _______________ and fully
licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the
CITY OF COPPELL, TEXAS, a municipal corporation organized and existing under the laws of
the State of Texas, a municipal corporation organized and existing under the laws of the State of
Texas, hereinafter called "Owner”, in the penal sum of _________________________________
________________________________________________ dollars ($_____________ ) in lawful
money of the United States, to be paid in Dallas County, Texas, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors
jointly and severally, firmly by these presents. This Bond shall automatically be increased by the
amount of any Change Order or Supplemental Agreement which increases the Contract price, but
in no event shall a Change Order or Supplemental Agreement which reduces the Contract price
decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract with the City of Coppell, the Owner, dated the __________ day of
___________, A.D., 2005, which is made a part hereof by reference, for the
______________________________________________________________________________
______________________________________________________________________________
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
its duties and make prompt payment to all persons, firms, subcontractors, corporations and
claimants supplying labor and/or material in the prosecution of the Work provided for in said
Contract and any and all duly authorized modifications of said Contract that may hereafter be
made. notice of which modification to the Surety is hereby expressly waived; the this obligation
shall be void; otherwise it shall remain in full force and effect.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to Contract or to the Work
performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall
in anywise affect its obligation on this Bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be
performed thereunder.
This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated
Civil Statutes, and any other applicable statues of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Tarrant County or Dallas County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising out of such suretyship,
as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the
State of Texas.
WAGON WHEEL PARK IMPROVEMENTS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 27
EXECUTION
EXECUTED this _________ day of ____________________, 2005.
COPPELL RECREATION DEVELOPMENT CORP.
CITY OF COPPELL, TEXAS
By: ___________________________________
VICTOR BURKE, President
ATTEST:
By: _______________________________
MARK TEPPER, Secretary
EXECUTED this _________ day of ____________________, 2005.
CITY OF COPPELL, TEXAS
By:
JIM WITT, CITY MANAGER
ATTEST:
By:
LIBBY BALL, City Secretary
APPROVED AS TO FORM:
By: _______________________________
ROBERT HAGER, City Attorney
EXECUTED this _________ day of ____________________, 2005.
DEAN CONSTRUCTION
By: ___________________________________
DON DEAN
__________________________________________________________________
NOTE:Date of Payment Bond must be date of Contract If Resident Agent is not a corporation,
give a person's name.
c i t y o f c o p p e l lPARKS AND RECREATION DEPARTMENTRestroom Location
c i t y o f c o p p e l lPARKS AND RECREATION DEPARTMENTParking LotBatting CagesField #6
DEPT: City Manager's Office
DATE: October 25, 2005
ITEM #: 16
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Resolution approving a letter of support for the creation of a Foreign Trade Zone to be
located at 306 Airline Drive in Coppell, Texas for World Factory, Inc., and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY: World Factory, Inc. is requesting a letter of support from the City of Coppell to
modify the existing boundaries of Foreign Trade Zone (FTZ) No. 168 to include 306 Airline Drive. This letter of
support is just one step in the process to receive FTZ status for World Factory, Inc.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !World Factory FTZ Res - 1 AR
October 25, 2005
Mr. Dennis Puccinelli
Foreign-Trade Zones Board
U.S. Department of Commerce
FCB-Suite 4100W
1401 Constitution Ave., NW
Washington D.C. 20230
Re: Foreign Trade Zone Application
Dear Mr. Puccinelli,
Please accept this letter of support for the Dallas/Fort Worth Foreign Trade Zone No. 168
application to establish a Foreign Trade Zone facility located at 306 Airline Drive, Coppell,
Texas 75019. The City of Coppell is very active in promoting economic development and
business retention for the City. This facility is bringing new business to our city. We are always
willing to support businesses in ways that will help create more jobs and aid in their continued
success.
The establishment of a Foreign Trade Zone and the associated economic benefits that it
provides to companies, especially on an international trading basis, is consistent with the City’s
economic development objectives.
We ask for the Foreign Trade Zone Board to give this application a favorable decision at the
soonest possible date. If the City can be of any further assistance, please do not hesitate to call
upon us.
Sincerely,
Douglas N. Stover
Mayor
1 77174
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, SUPPORTING THE ESTABLISHMENT OF A FOREIGN TRADE ZONE TO
BE LOCATED AT 306 AIRLINE DRIVE, COPPELL, TEXAS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council has been presented with a request from World Factory,
Inc. for the City to support the establishment of a foreign trade zone at 306 Airline Drive,
Coppell, Texas 75019; and
WHEREAS, the City Council finds that the establishment of a foreign trade zone would
generate employment and enhance economic development within the community.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1.That the City Council of the City of Coppell, Texas, does hereby support
the establishment of a foreign trade zone located at 306 Airline Drive, Coppell, Texas 75019 for
World Factory, Inc.
SECTION 2.This Resolution shall become effective immediately from and after its
passage, as the law and charter in such cases provide.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
the _______ day of _______________, 2005.
APPROVED:
DOUGLAS N. STOVER, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
2 77174
ROBERT E. HAGER, CITY ATTORNEY
(PGS/si 10/17/05)
DEPT: City Manager
DATE: October 25, 2005
ITEM #: 17
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a resolution nominating a candidate to the Board of Directors of the
Dallas Central Appraisal District, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !DCAD
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS,
NOMINATING __________________________ AS A CANDIDATE
TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE
DALLAS CENTRAL APPRAISAL DISTRICT.
WHEREAS, The Chief Appraiser of the Dallas Central Appraisal District has been
charged with the responsibility of conducting the election process to determine the membership
of the Board of Directors of the Dallas Central Appraisal District, according to the Property Tax
Code of Texas; and
WHEREAS, each of the incorporated cities and towns, except for the city of Dallas,
shall have the right to nominate by an official resolution one (1) candidate as a member of the
Board of Directors; and
WHEREAS, the said cities and towns shall, from among the nominations received, elect
by a majority vote, with each city and town being entitled to one (1) vote, a member of the Board
of Directors.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
THAT the Council of the city of Coppell, Texas does hereby nominate
________________________ as a candidate to be a member of the Board of Directors of the
Dallas Central Appraisal District.
DULY PASSED by the City Council of the city of Coppell, Texas, this the _______ day
of October, 2005.
APPROVED:
______________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_______________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
DATE: October 25, 2005
ITEM #: 18
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
DATE: October 25, 2005
ITEM #: 19
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding 50th Birthday Celebration.
B. Report by Mayor Stover regarding Halloween activities at Aquatic Center
C. Report by Mayor Stover regarding Coppell Middle School North Cans for Kids.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
DATE: October 25, 2005
ITEM #: 20
AGENDA REQUEST FORM
COUNCIL COMMITTEE REPORTS
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell.
B. Coppell ISD – Councilmembers Faught and Suhy.
C. Coppell Seniors – Mayor Pro Tem Brancheau and Councilmember Peters.
D. Dallas Regional Mobility Coalition - Councilmember Peters.
E. Economic Development Committee - Councilmembers Suhy and York.
F. Metrocrest Hospital Authority - Councilmember Tunnell.
G. Metrocrest Medical Foundation - Councilmember Hinojosa-Flores.
H. Metrocrest Medical Services – Councilmember Hinojosa-Flores.
I. Metrocrest Social Service Center – Mayor Pro Tem Brancheau.
J. North Texas Council of Governments - Councilmember Tunnell.
K. NTCOG/Regional Emergency Management - Councilmember Suhy
L. North Texas Commission - Councilmember Peters.
M. Senior Adult Services - Councilmember Faught.
N. Town Center/Architectural Committee - Councilmember Hinojosa-Flores.
Agenda Request Form - Revised 06/03 Document Name: %ccommreport
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: October 25, 2005
Department Submissions:
Item Nos. 9, 10, 12/I and 12/J were placed on the Agenda for the
above-referenced City Council meeting by the Human Resources
Department. I have reviewed the Agenda Requests (and any backup if
applicable) and hereby submit these items to the City Council for
consideration.
____________________
Human Resources Department
Item No. 12/K was placed on the Agenda for the above-referenced City
Council meeting by the Police Department. I have reviewed the Agenda
Request (and any backup if applicable) and hereby submit this item to the
City Council for consideration.
____________________
Police Department
Item Nos. 12/G, 13 and 14 were placed on the Agenda for the above-
referenced City Council meeting by the Engineering Department. I have
reviewed the Agenda Requests (and any backup if applicable) and hereby
submit these items to the City Council for consideration.
____________________
Engineering Department
Item No. 12/L was placed on the Agenda for the above-referenced City
Council meeting by the Planning Department. I have reviewed the
Agenda Request (and any backup if applicable) and hereby submit this item
to the City Council for consideration.
____________________
Planning Department
Item No. 15 was placed on the Agenda for the above-referenced City
Council meeting by the Parks Department. I have reviewed the Agenda
Request (and any backup if applicable) and hereby submit this item to the
City Council for consideration.
____________________
Parks Department
Financial Review:
I certify that I have reviewed all the items submitted for consideration on
the Agenda for the above-referenced City Council Meeting and have inserted
any financial comments where appropriate.
____________________
Finance Department
City Manager Review:
I certify that I have reviewed the complete Agenda and Packet for the
above-referenced City Council Meeting and hereby submit the same to the
City Council for consideration.
____________________
City Manager