CP 2008-04-08
NOTICE OF CITY COUNCIL MEETING AND AGENDA
APRIL 8, 2008
DOUG STOVER, BRIANNA HINOJOSA-FLORES, Place 3
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5
JAYNE PETERS, Place 2 MARVIN FRANKLIN, 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)
ISO Ceremony Immediately Following Council Chambers (Open to the Public)
Executive Session Immediately Following 1st Fl. Conf. Room (Closed 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, April 8, 2008, at 5:30 p.m. for an ISO
Ceremony and Presentation, with Executive Session immediately following, Work
Session will follow immediately thereafter, 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
AT THIS TIME A CEREMONY AND PRESENTATION WILL BE HELD
REGARDING THE ISO RATING OF THE CITY OF COPPELL.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
1. Mira Mar vs. City of Coppell.
2. The City of Coppell and Coppell Independent School District
opposition to a change of zoning request of the Billingsley
Corporation in the City of Dallas, Zoning Case Number Z045-
107; and City of Coppell vs. CB Parkway Business Center VI, et
al in the County Court at Law No. 3; and CB Parkway Business
Center, et al vs. City of Coppell, et al; and City of Dallas vs.
Douglas Stover, et al in the 191st District Court; and City of
Coppell, et al vs. City of Dallas, et al in the 101st District Court.
B. Section 551.072, Texas Government Code - Deliberation regarding
Real Property.
1. Purchase of real property west of Denton Tap/south of Bethel
Road.
2. Oil and Gas Lease of City-owned property.
C. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. ED Prospects East and West of Beltline/Denton Tap and south
of Bethel Road.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Waste Management Franchise and Services.
B. Discussion regarding Board & Commission Schedule.
C. Discussion of Agenda Items.
Adjourn Work Session.
PUBLIC ANNOUNCEMENTS
Public Service Announcements concerning local civic events and no Council
action is required or permitted.
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ITEM # ITEM DESCRIPTION
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
7. Presentation by Becky Ratliff regarding Project Graduation.
8. Presentation of Memorandum of Support for the Coppell Nature Park,
from North Lake College and the Friends of Coppell Nature Park.
9. Consider approval of a proclamation naming the month of April 2008 as
Cancer Awareness Month, and authorizing the Mayor to sign.
10. Citizens' Appearances.
CONSENT AGENDA
11. Consider approval of the following consent agenda items:
A. Consider approval of minutes: March 25, 2008.
B. Consider approval of a resolution ratifying the incorporation of the
Coppell Economic Development Foundation, providing for
ratification of past acts of the Foundation for and on behalf of
economic development in the City, and authorizing the Mayor to
sign.
C. Consider approval of the Camp-Do-It-All Standards of Care and
authorizing the Mayor to sign.
D. Consider approval of an Ordinance for Case No. S-1238R-C, Kegs N
Cellar, a zoning change from S-1238-C (Special Use Permit-1238-
Commercial) to S-1238R-C (Special Use Permit-1238 Revised-
Commercial) to allow an additional 23-square-foot attached sign
on the west elevation in addition to the two existing attached signs
for the 2,850-square-foot convenience/retail store located at 777 S.
MacArthur Blvd., #413 and authorizing the Mayor to sign.
E. Consider approval of an Ordinance for Case No. S-1245-TC, DeVine
Cellars, a zoning change from TC (Town Center) to S-1245-TC
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ITEM # ITEM DESCRIPTION
(Special Use Permit-1245-Town Center), to allow the operation of a
2,272-square-foot retail/convenience store and restaurant, located
in the Town Center Addition, along the east side of Denton Tap
Road north of Town Center Blvd and authorizing the Mayor to sign.
F. Consider approval of an Ordinance for two text amendments to
the Coppell Zoning Ordinance; Sec. 12-29-3.3 adding “(P) Signs
which advertise or refer to the sale or consumption of alcoholic
beverages by words or symbols” to types of signs are specifically
prohibited, and Sec. 12-29-4.3(A)i, requiring individually mounted
letters in the industrial districts and authorizing the Mayor to sign.
END OF CONSENT
12. PUBLIC HEARING:
Consider approval of Case No. PD-215R-LI, Victron Energy, a zoning
change request from PD-215-LI (Planned Development-215-Light Industrial)
to PD-215R-LI (Planned Development-215 Revised-Light Industrial) as
revised, to allow red & yellow striping and internally illuminated signage on
the gas pump canopy and internally illuminated signage on two sides of
an eight-foot tower extension located along I.H. 635 on 2.34 acres of
property within the City of Coppell and the City of Irving, located south of
I.H. 635, east of Royal Lane.
13. Consider approval of the Rolling Oaks Memorial Center, Lot 1, Block A,
Minor Plat, to dedicate right-of-way, establish fire lanes and easements for
Phase 1 development of the memorial center (SUP-1244-LI) on
approximately 15.5 acres of property located at the northeast corner of
Freeport Parkway and Ruby Road (400 S. Freeport Parkway).
14. PUBLIC HEARING:
Consider approval of Case No. PD-209R-C, TownOaks Centre, zoning
change request from PD-209-C (Planned Development-209-Commercial)
to PD-209R-C (Planned Development-209 Revised-Commercial) to allow
an increase in the allowable size of a proposed attached sign from 25.6
square feet to 64.7 square feet, for Tuesday Morning, on property located
at the southeast corner of Sandy Lake Road and Denton Tap Road.
15. PUBLIC HEARING:
Consider approval of Case No. PD-222R2-LI, Duke Lesley Addition Lot 2,
Block A, zoning change request from PD-222-LI (Planned Development-
222-Light Industrial) to PD-222R2-LI (Planned Development-222 Revision 2-
Light Industrial) to amend the PD conditions to allow for attached building
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ITEM # ITEM DESCRIPTION
signage which exceeds the size and number requirements of the Zoning
Ordinance for Hemispheres, located along the north side of Dividend
Drive, approximately 1,200 feet west of S. Belt Line Road,
16. Consider approval of an Ordinance for Case No. PD-223R-C, Chase Bank
(Kimbel Addition), a zoning change from PD-223-C (Planned
Development-223-Commercial) to PD-223R-C (Planned Development-223
Revised-Commercial) to attach a revised Detail Site Plan to allow the
development of a 3,889-square-foot bank with three drive-thru lanes on
0.70 acres of property, located at the southeast corner of MacArthur
Boulevard and Village Parkway and authorizing the Mayor to sign.
17. Consider approval of awarding Bid/Contract # Q-0108-01 to Tiseo Paving
Company, for the construction of the Coppell Road Project #ST 00-03
(Sandy Lake Road to Cooper Lane), in an amount of $3,057,846.30, as
provided for in CIP funds; and authorizing the City Manager to sign.
18. Consider approval to award Bid Q-0208-01 Rolling Oaks Memorial Center
Cemetery to The Fain Group in the amount not to exceed $2,945,000.00
per budgeted in CIP funds. Including agreement with Stewart Enterprises
for construction allocation schedule costs in the minimum amount of
$261,533.00 and requiring City Manager to sign.
19. Consider approval of accepting the resignation of Mahesh Guduru from
the Library Board and appointing a new member to fill the unexpired
term.
20. Mayor and Council Reports.
A. Report by Mayor Stover regarding Metroplex Mayors Meeting.
B. Report by Mayor Stover regarding Carter BloodCare Drive.
21. Necessary action resulting from Work Session.
22. Necessary action resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
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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 4th day of April, 2008, at
__________________.
____________________________________
Libby Ball, City Secretary
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).
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KEY TO COUNCIL GOALS ICONS
2007 — 2012
Maintain Sustainable, Financially Sound City Government with Excellent Services
• Maintain quality customer service resulting in 90+% customer satisfaction ratings
• Ensure adequate resources to support defined services and service levels
• Retain reserves consistent with city policy
• Invest in the city’s future: operations & capital
• Ensure residents are aware of city vision, goals, services and programs
Develop & Revitalize Commercial Areas & Corridors
• Continue development: corporate offices and major distribution businesses
• Revitalize aged or deteriorating strip centers
• Maintain and expand business tax base
• Develop a quality hotel serving residents and guests
• Retain and support expansion of current businesses located in Coppell
Maintain & Upgrade City Infrastructure
• Maintain and improve quality of roads, alleys, and sidewalks
• Improve quality of storm water management systems
• Improve and maintain quality of city facilities
• Facilitate efficient traffic flow within and through the city
• Improve municipal utilities where necessary and maintain existing
Develop an Alive Old Coppell – A Community Destination
• Develop a community destination: residents think of Old Coppell as a place to go
• Attract small, niche retail businesses
• Attract more restaurants
• Maintain and expand the Farmers’ Market
• Attract non-residents to come and return for dining, shopping and entertainment
Maintain Attractive, Livable Neighborhoods with Quality Homes
• Protect the integrity and identity of current neighborhoods
• Enhance the attractiveness of neighborhood infrastructure (trees, streetscapes)
• Maintain and increase property values in older homes
• Have infill developments that add value to the neighborhood
• Have a high percentage of owner-occupied single-family homes
Create a City for a Lifetime
• Provide leisure and recreational opportunities for all family generations
• Maintain a reputation as a safe community for all
• Have all generations and diverse populations feel welcome
• Maintain top quality schools in partnership with ISD’s
• Rejuvenate community events with a high level of participation
AGENDA REQUEST FORM
DATE: April 8, 2008
ITEM #: ES-2
EXECUTIVE SESSION
A. Section 551.071, Texas Government Code – Consultation with City Attorney.
1. Mira Mar vs. Cityof Coppell.
2. The City of Coppell and Coppell Independent School District opposition to
a change of zoning request of the Billingsley Corporation in the City of
Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway
Business Center VI, et al in the County Court at Law No. 3; and CB
Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas
vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et
al vs. City of Dallas, et al in the 101st District Court.
B. Section 551.072, Texas Government Code – Deliberation regarding Real
Property.
1. Purchase of real property west of Denton Tap/south of Bethel Road.
2. Oil and Gas Lease of City-owned property.
C. Section 551.087, Texas Government Code – Economic Development
Negotiations.
1. ED Prospects East and West of Beltline/Denton Tap and south of Bethel
Road.
Agenda Request Form - Revised 02/04 Document Name: %exsessn
AGENDA REQUEST FORM
DATE: April 8, 2008
ITEM #: WS-3
WORK SESSION
A. Discussion regarding Waste Management Franchise and Services.
B. Discussion regarding Board/Commission Schedule.
C. Discussion of Agenda Items.
Agenda Request Form - Revised 02/07 Document Name: %wksessn
M E M O R A N D U M
DATE: March 10, 2008
TO: Mayor and City Council
FROM: Jim Witt, City Manager
SUBJECT: Request from Waste Management to extend franchise agreement through
May 2014. Present agreement ends May 2010.
We were approached 30 days ago by Waste Management about a possible extension to their
franchise agreement. They have provided a “preliminary” proposal for discussion, and the following
is a summary of key components.
Before proceeding here is some history:
*The original agreement with Waste Management was in 1980. The 2000 rate was $10.85 and 2007
rate was $14.14 but included yard waste recycling. Removing that cost from 2007 rate, the apples-
to-apples cost was $12.17. This represents an annual increase of 1.6% or 12.3% over the seven
years.
*Based on the present contract, the rate will be adjusted in April to $14.72 based on CPI.
PROPOSAL
*Six-year term through May 2014.
*Replace plastic recycling bins with 65 gallon cart for recycling.
*Move price to $14.87 in June 2008 and hold that price for three years until May 2011.
*CPI increases not to exceed 4% in 2012 and 2013.
*Increase commercial and roll-off rates by 2% in 2009, 2010 and 2011 and by CPI not to exceed 4%
in 2012 and 2013.
Mayor and City Council
March 10, 2008
Page Two
*Offer a “rental” 95 gallon trash or yard trimming cart at $3 per month or two for $5. Minimum 12
months.
*Waste Management will provide $10,000 in community support. City direction whether one time
or multiple events.
*Waste Management will provide 50 special event boxes and 12 roll-offs as in-kind to the City each
year for events.
*Regarding a natural disaster allocation policy, Waste Management agrees to accept $15,000 in
excess costs in responding to storm damage situations. We pay for anything above that. In 2007
Waste Management spent $11,800 in responding to storm damage needs. If the $15,000 is not used,
City receives a rebate check for the entire amount or what is left.
GENERAL RECOMMENDATION
Based on what we have seen so far, the City Manager is supportive. Recent “biddings” of solid
waste services has led to confusion in service delivery and reduced services. The proposal seems
financially sound and fair. There are some consumer and staff concerns:
1. Replacing the recycling bins with a 65 gallon cart. Need community input.
2. Renting the “95” gallon cart. Not a mandate, but are we setting a precedent?
3. Need to increase special event boxes to not to exceed 100 and roll-offs to 15 for City events.
4. Staff would like to have Waste Management bill all commercial accounts for consistency.
5. Implement permanent senior citizen assistance program. (Call JW for details.)
6. Develop a multifamily complex recycling program.
7. Add additional materials to recycling list.
8. Assess, for sustainability purposes, once a week pickup.
JW:kb
Collection Frequency Per Week City Trash Recycling Bulky Waste Yard Trimmings Contractor Coppell 2/week 1/week with recycle bin 1/week **1/week Waste Management Carrollton 1/week with cart Every other week with cart 1/week 1/week Allied and has own landfill Grapevine 2/week 1/week with recycle bin 1/week 1/week Allied Irving 2/week 1/week with blue bags 1/week 1/week City and has own landfill Lewisville 2/week 2/month with 64 gallon cart 1/week 2/week Waste Management Flower Mound 1/week 1/week with recycle bin 2/month 2/month Allied Frisco 1/week with 95 gallon cart 1/week with 95 gallon cart 1/month **1/week CWD Plano 1/week with cart Every other week with cart 1/month **1/week City The Colony 1/week with 95 gallon cart 1/week with 95 gallon cart 2/month **1/week summer 2/month winter Allied Farmers Branch 2/week No curbside, bins located in City 1/week 2/week City and has own landfill Little Elm 1/week with 95 gallon cart 1/week with 95 gallon cart 2/month 2/month CWD Highland Village 1/week 1/week with blue bags 1/week **1/week Waste Management Corinth 1/week 1/week Call as needed 1/week Waste Management Dallas 1/week with cart 1/week with cart or blue bags 1/month 1/month City and has own landfill Fort Worth 1/week with cart 1/week with cart 1/month 1/week City and has own landfill Arlington 2/week 1/week with recycle bin 1/week 1/week ADC and has own landfill ** - Yard trimmings are not taken to the landfill
The proposal for trash and recycling carts was brought before the Keep Coppell
Beautiful Board on March 27, 2008. The board was in complete agreement with
one change to the recycling schedule, which would enhance environmental
concerns and offset costs.
• The recycling cart size should be upgraded to 95 gallons. Recycling should
be picked up every other week instead of weekly.
The proposal does not include items that are in the current contract, as there is an
understanding after talking with John Klaiber, that these items will stay the same.
PROPOSAL
• Waste Management shall provide, deliver and maintain 95-gallon carts for
recycling to each residential customer within the City,
Recycling will be picked up every other week. Recyclables will no longer be
collected from the 18-gallon bins. After the first six months of the program, the
City may ask Waste Management to supply a smaller recycling container, in
place of the 95-gallon cart.
Waste Management shall provide 25 additional carts per year to the City for the
City to distribute as it sees fit.
PROPOSAL
• Waste Management shall provide, deliver and maintain 95-gallon carts for
trash.
Trash will be picked up once a week. After the first six months of the program,
the City may ask Waste Management to supply a smaller residential trash
container. A second or third trash container may be supplied to a resident upon
request by the resident. Residents will be charged for additional trash
containers.
After the first six months of the program, all trash must be placed inside the
trash cart. Any trash left outside the carts may not be picked up by Waste
Management. After six months, the only items that do not have to be placed in
carts are bulky waste, (white goods, furniture and other oversize waste) and
properly prepared yard trimmings for recycling. In addition, Waste
Management shall provide annual curbside Christmas tree collection.
Waste Management shall provide 25 additional carts per year to the City for the
City to distribute as it sees fit.
PROPOSAL
• Waste Management shall continue once a week pick-up for bulky waste and
yard trimmings recycling with pick-up being the same weekday as trash and
recycling pickup.
PROPOSAL
• Recycling and trash carts that have been damaged will be exchanged or
repaired within 5 working days of notification to Waste Management. If the
damage is not due to Waste Management servicing or a defect in materials
and/or workmanship, a fee may be charged to the customer. Waste
Management will exchange containers as needed to maintain a good
appearance considering normal wear, and weathering.
PROPOSAL
• Contract with Waste Management shall have a six year term.
PROPOSAL
• Waste Management shall provide the City of Coppell $10,000 per year in
community support.
PROPOSAL
• Waste Management would include a “natural disaster resource allocation”
policy. This will provide that Waste Management accepts the exposure to
the first $15,000 of “excess costs” in responding to a disaster. In the event
the City does not use the full amount of this policy, Waste Management will
issue a check to the City for the difference between the $15,000 and the
amount actually used in that given contract year.
PROPOSAL
• Seniors and handicapped persons residing alone or with other seniors or
handicapped persons that are unable to roll the carts to the end of the drive
will be rolled to the truck by Waste Management at no extra charge.
PROPOSAL
• Waste Management shall help develop a program for multi-family recycling
within a specified time frame.
PROPOSAL
• Upon mutual consent between the city and the contractor, other recyclable
materials may be added for collection and disposal as recyclable materials,
as recyclable markets for those materials are established
PROPOSAL
• Waste Management shall bill all commercial accounts.
The following is the proposed schedule for Board & Commission Interviews. Please let
us know if you wish to make any changes by April 9th. If you are comfortable with this
schedule, we will put these interview dates and times on the Application Form and go to
print on April 10th.
Tuesday, August 5 - American Red Cross Representative
Monday, August 11 - Park Board
Monday, August 18 - Board of Adjustment
Tuesday, August 19 - Keep Coppell Beautiful
Wednesday, August 20 - Economic Development Committee
Wednesday, August 27 - Planning & Zoning Commission
Thursday, August 28 - Library Board
No one on Special Counsel or Conduct Review Board is up this year. And we did not list
for Animal Services because only the veterinarian is up this time and Heather is calling
Dr. Garfield to see if he wants to remain in that position.
The other item we will need to know is if you want to only interview #1 choices for
boards who have more than 20 applicants.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Manager
April 8, 2008
7
✔
PRESENTATION
Presentation by Becky Ratliff regarding Project Graduation.
!Graduation
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
Parks and Recreation
April 8, 2008
8
✔
PRESENTATION
Presentation of Memorandum of Support for the Coppell Nature Park, from North Lake College and the Friends of
Coppell Nature Park.
Dr. Herlinda M. Glasscock, President of North Lake College will be present to convey a letter to the Mayor and City
Council indicating support for the Coppell Nature Park and the further planning of a Nature Education Center. Lou
Duggan from Friends of Coppell Nature Park will also be present to discuss recent events at the Park.
^NLC Memo of Support
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager
April 8, 2008
9
✔
PROCLAMATION
Consider approval of a proclamation naming the month of April 2008 as CANCER AWARENESS MONTH, and
authorizing the Mayor to sign.
Staff recommends approval.
!Relay
PROCLAMATION
WHEREAS, Relay for Life is a celebration of life honoring patients who have triumphed
over cancer. There are millions of living witnesses that cancer can be cured, despite the fact that
this dread disease is an alarming national killer; and
WHEREAS, Relay for Life is the major fund-raiser for the American Cancer Society
nationwide, purchasing durable medical equipment and supplies, as well as funding research for
a cure for cancer; and
WHEREAS, Thanks to the increasing knowledge in the biological and medical sciences,
we are nearing a solution to the problem of cancer, but we must not lessen our efforts until the
battle has been won completely; and
WHEREAS, The American Cancer Society has worked unceasingly to inform and
educate the public concerning this disease, and has contributed greatly to the continuous battle
against one of society’s prime destroyers.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do hereby
recognize the importance to this community of the work done by the American Cancer Society
Relay for Life, and proclaim the month of April 2008 as
“CANCER AWARENESS MONTH”
in the city of Coppell. I also call upon members of the community to join with me in the
continuing crusade against cancer by participating in the American Cancer Society Relay for
Life event at Wagon Wheel Park on April 26.
IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to
be affixed this _____ day of April 2008.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
_________________________
Libby Ball, City Secretary
AGENDA REQUEST FORM
DATE: April 8, 2008
ITEM #: 10
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
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
April 8, 2008
11/A
✔
PROCEDURAL
Consider approval of minutes: March 25, 2008.
Minutes of the City Council meeting held on March 25, 2008.
Staff recommends approval.
%minutes
cm032508
Page 1 of 9
MINUTES OF MARCH 25, 2008
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, March 11, 2008 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
Mayor Pro Tem Brianna Hinojosa-Flores (late arrival)
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Marvin Franklin, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt, City Secretary Libby Ball and
City Attorney Robert Hager.
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. The City of Coppell and Coppell Independent
School District opposition to a change of
zoning request of the Billingsley Corporation in
the City of Dallas, Zoning Case Number Z045-
107; and City of Coppell vs. CB Parkway
Business Center VI, et al in the County Court
at Law No. 3; and CB Parkway Business Center,
et al vs. City of Coppell, et al; and City of
Dallas vs. Douglas Stover, et al in the 191st
District Court; and City of Coppell, et al vs.
City of Dallas, et al in the 101st District Court.
B. Section 551.072, Texas Government Code -
Deliberation regarding Real Property.
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1. Purchase of real property east of Denton
Tap/north of Beltline and west of Denton
Tap/south of Bethel Road.
C. Section 551.087, Texas Government Code –
Economic Development Negotiations.
1. ED Prospects East and West of Beltline/Denton
Tap and south of Bethel Road.
2. Discussion regarding Economic Development
Negotiations.
Mayor Pro Tem Hinojosa-Flores arrived prior to convening
Executive Session.
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 6:59 p.m. and opened the Regular
Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discuss Council Retreat.
B. Discuss Board/Commission Interview Schedule.
C. Discussion of Agenda Items.
Due to time constraints, the Work Session was held after the
Regular Session.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Councilmember York led those present in the Invocation.
6. Pledge of Allegiance.
Matt Trovalli from Troop 807 led those present in the Pledge of
Allegiance.
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7. Consider approval of a proclamation naming the month of
April 2008 as Cancer Awareness Month, and authorizing
the Mayor to sign.
Mayor Stover advised that this item would be postponed until the
April 8th meeting.
8. Consider approval of a proclamation naming April 5, 2008
as Arbor Day and authorizing the Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented
the same to Brad Reid, Director of Parks & Recreation.
Action:
Councilmember Tunnell moved to approve a proclamation naming
April 5, 2008 as Arbor Day and authorizing the Mayor to sign.
Councilmember Franklin seconded the motion; the motion carried
7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers
Brancheau, Peters, Tunnell, Faught, Franklin and York voting in
favor of the motion.
9. Report by Keep Coppell Beautiful Board.
Presentation:
Brent Wooten, Keep Coppell Beautiful Chair, made a presentation
to Council regarding the board’s semi-annual report and discussed
Keep Coppell Earthfest.
James Halpin, Youth Advisor, made a presentation to Council.
10. Citizens' Appearances.
There was no one signed up to speak under this item.
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CONSENT AGENDA
11. Consider approval of the following consent agenda items:
A. Consider approval of minutes: March 11, 2008.
B. Consider approval of the annual review of the
written Debt Policy of the City of Coppell.
Action:
Councilmember Faught moved to approve Consent Agenda Items A
and B. Mayor Pro Tem Hinojosa-Flores seconded the motion; the
motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin
and York voting in favor of the motion.
12. Consider approval of an Ordinance of the City of Coppell,
Texas, approving an amendment to Ordinance No. 2007-
1181, the budget for Fiscal Year October 1, 2007 through
September 30, 2008, and authorizing the Mayor to sign.
Presentation:
Jennifer Miller, Director of Finance, made a presentation to the
Council.
Action:
Councilmember York moved to approve Ordinance No. 2008-1192
approving an amendment to Ordinance No. 2007-1181, the budget
for Fiscal Year October 1, 2007 through September 30, 2008, and
authorizing the Mayor to sign. Councilmember Peters seconded
the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-
Flores and Councilmembers Brancheau, Peters, Tunnell, Faught,
Franklin and York voting in favor of the motion.
13. Consider approval of an ordinance of the City of Coppell,
Texas, amending the Code of Ordinances, Chapter 9, by
adding Article 9-10 to provide for the prepayment for
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gasoline and diesel fuel at retail fuel businesses; and
authorizing the Mayor to sign.
Presentation:
Roy Osborne, Police Chief, made a presentation to the Council.
Action:
Councilmember Tunnell moved to approve Ordinance No. 2008-
1193 amending the Code of Ordinances, Chapter 9, by adding
Article 9-10 to provide for the prepayment for gasoline and diesel
fuel at retail fuel businesses; and authorizing the Mayor to sign.
Councilmember Franklin seconded the motion; the motion carried
7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers
Brancheau, Peters, Tunnell, Faught, Franklin and York voting in
favor of the motion.
14. Consider approval of awarding Design/Build services as
outlined in Buy Board Job Contracting Proposal #258-07
to Jamail & Smith Construction Company, for the design
and construction of the Wagon Wheel Storage Facility to
be located at 345 Freeport Parkway, in the amount of
$295,423.00, and authorizing the City Manager and
CRDC President to execute a contract after approval as to
form by the city attorney.
Presentation:
Brad Reid, Director of Parks and Recreation, made a presentation
to the Council.
Action:
Mayor Pro Tem Hinojosa-Flores moved to approve the awarding
Design/Build services as outlined in Buy Board Job Contracting
Proposal #258-07 to Jamail & Smith Construction Company, for
the design and construction of the Wagon Wheel Storage Facility to
be located at 345 Freeport Parkway, in the amount of $295,423.00,
and authorizing the City Manager and CRDC President to execute
a contract after approval as to form by the city attorney.
Councilmember Franklin seconded the motion; the motion carried
7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers
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Brancheau, Peters, Tunnell, Faught, Franklin and York voting in
favor of the motion.
15. Mayor and Council Reports.
A. Report by Mayor Stover regarding Clean Coppell
Earthfest on April 5 from 9:00 a.m. to 1:00 p.m. at
Town Center.
Mayor Stover announced Clean Coppell Earthfest Saturday, April
5th at 9:00 a.m. Clay Phillips will coordinate the Council’s clean-
up project.
16. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD –
Councilmember Tunnell.
B. Coppell ISD – Councilmembers Peters and Faught.
C. Coppell Seniors – Councilmembers Brancheau and
Faught.
D. Dallas Regional Mobility Coalition – Councilmember
Peters.
E. Economic Development Committee – Mayor Pro Tem
Hinojosa-Flores and Councilmember Franklin.
F. International Council for Local Environmental
Initiatives (ICLEI) – Councilmember Brancheau
G. Metrocrest Hospital Authority – Councilmember
Tunnell.
H. Metrocrest Medical Foundation – Councilmember
Tunnell.
I. Metrocrest Medical Services – Mayor Pro Tem
Hinojosa-Flores.
J. Metrocrest Social Service Center – Councilmember
Tunnell.
K. North Texas Council of Governments –
Councilmember Brancheau.
L. NTCOG/Regional Emergency Management –
Councilmember Franklin.
M. North Texas Commission – Councilmember York.
N. Senior Adult Services – Councilmember Faught.
A. Councilmember Tunnell announced CFBISD will have their
Teacher Job Fair on April 5 at Ranchview High School.
Kindergarten Roundup is scheduled for April 7 at Riverchase
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Elementary. The first day of school is set for August 25.
LISD will host their Teacher Job Fair April 12 at Flower
Mound High School and their Kindergarten Roundup at
Rockbrook Elementary April 14-18. A Bond Election is being
held May 10.
B. Councilmember Faught informed Council that the soccer
teams have started playoffs.
C. Councilmember Faught announced trips scheduled for April:
Dallas Arboretum, Lonestar Park in Grand Prairie and
Winstar. There is also a Candidate Forum set for April 14 to
meet the School Board and City Council candidates.
D. Councilmember Peters reported TXDOT will be hosting its
annual forum in Austin April 20-22. Texas Transportation
Commission will be hosting its forum May 28-29.
E. Councilmember Franklin said the Economic Development
Committee met March 5 and discussed the sign ordinance,
economic development hot spots and the tax incentive policy.
He also stated that Duke Realty won the Best Real Estate
Deal of the Year Award for the Lesley Tract at the Dallas
Business Journal Annual Banquet.
F. Nothing to report.
G. Councilmember Tunnell informed the Council that the
Hospital Partners of America and the Metrocrest Hospital
Authority signed a long term lease for Trinity Medical Center
in Carrollton.
H. Nothing to report.
I. Mayor Pro Tem Hinojosa-Flores thanked Representative Jim
Jackson for his donation of updated computer software for
the computers at the clinic.
J. Councilmember Tunnell announced two upcoming
tournaments: April 22 is the Metrocrest Social Services Golf
Classic at Indian Creek Golf Course and the Farmers Branch
Rotary Golf Tournament April 28 at Riverchase Golf Club.
April 24 is the Volunteer Recognition Banquet.
K. Nothing to report.
L. Nothing to report.
M. Nothing to report.
N. Councilmember Faught reported that a new mission
statement was released following the Strategic Planning
Retreat.
At this time, Mayor Stover convened into Work Session.
Councilmember York left the meeting.
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WORK SESSION (Open to the Public)
17. Convene Work Session
A. Discuss Council Retreat.
B. Discuss Board/Commission Interview Schedule.
18. Necessary action resulting from Work Session.
There was no action necessary under this item.
19. Necessary action resulting from Executive Session.
Action:
Councilmember Peters moved to approve an oil an gas lease
with Chief Exploration and Development LLC for 33.0647
acres of land located east of Moore Road and north of
Beltline and authorize the Mayor to sign. Mayor Pro Tem
Hinojosa-Flores seconded the motion; the motion carried 6-0
with Mayor Pro Tem Hinojosa-Flores and Councilmembers
Brancheau, Peters, Tunnell, Faught and Franklin voting in
favor of the motion.
Action:
Councilmember Brancheau moved to approve the second
amendment to Economic Development Agreement with
Coppell Hard Eight, Ltd. and authorize the City Manager to
sign. Councilmember Faught seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Tunnell, Faught and
Franklin voting in favor of the motion.
There being no further business to come before the City Council, the
meeting was adjourned.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
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Libby Ball, City Secretary
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager
April 8, 2008
11/B
✔
RESOLUTION
Consider approval of a resolution ratifying the incorporation of the Coppell Economic Development Foundation,
providing for ratification of past acts of the Foundation for and on behalf of economic development in the City, and
authorizing the Mayor to sign.
Staff recommends approval.
!Economic
CITY OF COPPELL, TEXAS
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, RATIFYING THE INCORPORATION OF
THE COPPELL ECONOMIC DEVELOPMENT FOUNDATION;
PROVIDING FOR RATIFICATION OF PAST ACTS OF THE
FOUNDATION FOR AND ON BEHALF OF ECONOMIC
DEVELOPMENT IN THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City has engaged in economic development within the City of
Coppell, Texas; and,
WHEREAS, the City Council was aware of and understood the need to
incorporate an economic development foundation to facilitate economic development
within the City of Coppell; and,
WHEREAS, the City Manager, Assistant City Manager and City Attorney had
previously advised the city council of the need for formation of the foundation in order to
undertake certain economic development programs; and
WHEREAS, the City Council knew and understood that a corporation would be a
Texas Nonprofit Corporation and be organized for the purpose of facilitating certain
economic development programs; and
WHEREAS, the Coppell Economic Development Corporation was incorporated
on March 21, 2004; and
WHEREAS, the City Council had not formally authorized such independent
foundation for the purposes of providing grants in support of economic development and
other public purposes within the City and now desires to do so.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1: That the City Council hereby ratifies the formation of the Coppell
Economic Development Foundation, as a Texas non profit corporation, and desires to
continue and require the continued operation of said Foundation.
SECTION 2: That this resolution shall take effect immediately from and upon
its adoption and it is so resolved.
PASSED AND APPROVED by the City Council of the City of Coppell, Texas
on the _____ day of ____________, 2008.
APPROVED:
Douglas N. Stover, Mayor
ATTEST:
________________________________
Libby Ball, City Secretary
APPROVED AS TO FORM:
________________________________
Robert Hager, City Attorney
(REH/cdb 03/25/08)
TM 26289.2.000
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
Parks and Recreation
April 8, 2008
11/C
✔
PROCEDURAL
Consider approval of the Camp-Do-It-All Standards of Care and authorizing the Mayor to sign.
This item is submitted annually to Council to adhere to guidelines for state exemption to Day Care licensing standards.
These guidelines apply to all camp situations, including summer programs (Camp-Do-It-All and Kidz Connect) and
other school holidays (Thanksgiving and Spring Break, as well as individual days that the schools are closed).
Staff recommends approval of these Standards.
^Standards of Care - 1 AR
1
CITY OF COPPELL YOUTH CAMP PROGRAMS
STANDARDS OF CARE
The Standards of Care are intended to be minimum standards by which the City of Coppell Parks
& Recreation Department will operate the City's Youth Camp Programs. The programs operated
by the City are recreational in nature and are not day care programs.
GENERAL ADMINISTRATION
Organization
A. The governing body of the City of Coppell Youth Camp Programs is the Coppell
City Council.
B. City of Coppell Youth Camp Programs will be licensed under the State of Texas
Health Services Department.
C. Implementation of the Youth Programs Standards of Care is the responsibility of
the Parks & Recreation Department Director and Departmental employees.
D. Youth Program ("Program") to which these Standards of Care will apply is the
Summer Recreation Program and selected days off from the school calendar.
E. Each Youth Program site will have available for public and staff review a current
copy of the Standards of Care.
F. Parents of participants will be provided a current copy of the Standards of Care
during the registration process.
G. Criminal background checks will be conducted on prospective Youth Program
employees. If results of the criminal check indicate that an applicant has been
convicted of any of the following offenses, he or she will not be considered for
employment:
(1) a felony or a misdemeanor classified as an offense against a person or
family;
(2) a felony or misdemeanor classified as public indecency;
(3) a felony or misdemeanor violation of any law intended to control the
possession or distribution of any controlled substance;
(4) any offense involving moral turpitude;
(5) any offense that would potentially put youth participants or the City of
Coppell at risk.
2
Definitions
A. City: City of Coppell
B. City Council: City Council of the City of Coppell
C. Department: Parks & Recreation Department of The City of Coppell
D. Youth Programs or Program: City of Coppell Youth Programs currently
consisting of the Summer Recreation Program and selected days off from school.
E. Program Manual: Notebook of policies, procedures, required forms, and
organizational and programming information relevant to Coppell Youth
Programs.
F. Director: City of Coppell Parks & Recreation Department Director or his or her
designee.
G. Parks & Recreation Manager: City of Coppell Parks and Recreation
Department’s Recreation Manager.
H. Recreation Services Supervisor: City of Coppell Parks & Recreation Department
Recreation Services Supervisor.
I. Site Director: City of Coppell Parks & Recreation Department
Seasonal/Temporary Programmer who has been assigned administrative
responsibility for a Coppell Youth Program.
J. Program Counselor: City of Coppell Parks & Recreation Department
Seasonal/Temporary employee who has been assigned responsibility to
implement the City's Youth Program.
K. Program Site: Area and facilities where Coppell Youth Programs are held
consisting of the Coppell Independent School District Campus and the Aquatic
and Recreation Center.
L. Participant: A youth whose parent(s) have completed all required registration
procedures and determined to be eligible for a Coppell Youth Program.
M. Parent(s): This term will be used to represent one or both parent(s) or adults who
have legal custody and authority to enroll their child(ren) in Coppell Youth
Programs.
N. Employee(s): Term used to describe people who have been hired to work for the
City of Coppell and have been assigned responsibility for managing,
administering, or implementing some portion of the Coppell Youth Programs.
O. Recreation Center: The Coppell Independent School District campuses or the
Aquatics and Recreation Center which hosts the Summer Recreation Program
and selected days off from school.
P. Water Front Director: City of Coppell Parks & Recreation Department Aquatics
Operation Supervisor or Head Lifeguard as assigned by the Recreation Manager.
3
Inspections/Monitoring/Enforcement
A. A monthly inspection report will be initiated by the Site Director of each
Program to confirm that the Standards of Care are being met.
(1) Inspection reports will be sent to the Recreation Services Supervisor for
review and kept on record for at least two years.
(2) The Parks & Recreation Department’s Recreation Manager will review
the report and establish deadlines and criteria for compliance with the
Standards of Care.
B. The Recreation Manager will make visual inspections of the Program based on
the following schedule:
(1) The Summer Recreation Program will be inspected twice during its
summer schedule. In addition, selected days at the Aquatics and
Recreation Center will be visited during the school year.
C. Complaints regarding enforcement of the Standards of Care will be directed to
the Site Director. The Site Director will be responsible to take the necessary
steps to resolve the problems. The Site Director will record complaints regarding
enforcement of the Standards of Care and their resolution. The Recreation
Services Supervisor will address serious complaints regarding enforcement of the
Standards of Care and the complaint and resolution will be noted.
D. The Parks & Recreation Department’s Recreation Manager will make an annual
report to the City Council on the overall status of the Youth Program and its
operation relative to compliance with the adopted Standards of Care.
Enrollment
A. Before a child can be enrolled a parent must sign registration forms that contain
the child's:
(1) name, address, home telephone number;
(2) name and address of parents and telephone number during Program
hours;
(3) the names and telephone numbers of people to whom the child can be
released or names of those who may not pick them up;
(4) a statement of the child's special problems or needs;
(5) emergency medical authorization;
(6) proof of residency when appropriate; and
(7) a liability, photo and movie waiver
4
Suspected Abuse
Program employees will report suspected child abuse or neglect in accordance with the
Texas Family Code.
STAFFING - RESPONSIBILITIES AND TRAINING
Site Director Qualifications
A. Site Director will be Seasonal/Temporary professional employees of the City of
Coppell Parks & Recreation Department and will be required to have all
Recreation Site Director qualifications as outlined in this document.
B. Site Director must be at least 21 years old
C. Site Director must have a bachelor's degree from an accredited college or
university. Acceptable degrees include:
(1) Recreation Administration or General Recreation
(2) Physical Education, Secondary or Elementary Education
(3) Any other comparable degree plan that would lend itself to working in a
public recreation environment
D. Site Director must have two years experience planning and implementing
recreational activities.
E. Site Director must pass a background investigation including testing for illegal
substances.
F. Site Director must have successfully completed a course in First Aid and Cardio-
Pulmonary Resuscitation (CPR) based on either American Heart Association or
American Red Cross standards.
G. Site Director must be able to furnish proof of a clear tuberculosis test within 12
months prior to their employment date.
Site Director's Responsibilities
A. Site Directors are responsible to administer the Programs' daily operations in
compliance with the adopted Standards of Care.
B. Recreation Services Supervisor and Site Directors are responsible to recommend
for hire, supervise, and evaluate Counselors. Camp management shall ascertain
and have on record information, such as a letter of reference, attesting to the
character and integrity of each staff member, and information, such as training
certificates, attesting to the ability of each staff member to perform the tasks
required in his or her position.
C. Site Directors are responsible for planning, implementing, and evaluating
programs.
5
D. Site Directors will be considered Camp Health Officers. Duties will consist of,
but not limited to: dispensing of medication and first aid, records management of
incidences, emergencies, and camper’s health files.
Counselor Qualifications
A. Counselors will be Seasonal/Temporary employees of the Parks & Recreation
Department.
B. Counselors working with children must be age 16 17 or older and have
completed high school; however, each site will have at least one employee 18
years old or older present at all times.
C. Counselors should be able to consistently exhibit competency, good judgment,
and self-control when working with children.
D. Counselors must relate to children with courtesy, respect, tolerance, and patience.
E. Counselors must have successfully completed a course in First Aid and CPR
based on either American Heart Association or American Red Cross standards.
An exception can be made for no more than one staff person at each site and that
person shall successfully complete a First Aid and CPR course within two weeks
of starting work.
F. Each Counselor must be able to furnish proof of a clear tuberculosis test within
the 12 months prior to their employment date.
G. Counselors must pass a background investigation including testing for illegal
substances.
Counselor Responsibilities
A. Counselors will be responsible to provide participants with an environment in
which they can feel safe, can enjoy wholesome recreation activities, and can
participate in appropriate social opportunities with their peers.
B. Counselors will be responsible to know and follow all City, Departmental, and
Program standards, policies and procedures that apply to Coppell Parks and
Recreation Youth Programs.
C. Counselors must ensure that participants are released only to an authorized parent
or an authorized adult designated by the parent. All Program sites will have a
copy of the Department approved plan to verify the identity of a person
authorized to pick up a participant if that person is not known to the Counselor.
Training/Orientation
A. The Department is responsible for providing training and orientation to Program
employees in working with children and for specific job responsibilities.
Recreation Service Supervisor will provide each Counselor and Site Director
with a Program manual specific to the Youth Program.
B. Program employees must be familiar with the Standards of Care for Youth
Program operation as adopted by the City Council.
6
C. Program employees must be familiar with the Program's policies including
discipline, guidance, and release of participants as outlined in the Program
Manual.
D. Program employees will be trained in appropriate procedures to handle
emergencies by the Recreation Services Supervisor/professionals in the field.
E. Program employees will be trained in areas including City, Departmental, and
Program policies and procedures, provision of recreation activities, safety issues,
child psychology, and organization.
F. Program employees will be required to sign an acknowledgement that they
received the required training.
OPERATIONS
Staff-Participant Ratio
A. In a Coppell Youth Program, the standard ratio of participants to Counselors
shall not exceed 20 to 1. In the event a Counselor is unable to report to the
Program site, a replacement will be assigned. The camp director shall not be
included in the supervisor to camper ratio in camps serving over 50 campers at a
time.
B. Each participant shall have a Program employee who is responsible for him or
her and who is aware of the participant's habits, interests, and any special
problems as identified by the participant's parent(s) during the registration
process.
Discipline
A. Program employees will implement discipline and guidance in a consistent
manner based on the best interests of Program participants.
B. There must be no cruel or harsh punishment or treatment.
C. Program employees may use brief, supervised separation from the group if
necessary.
D. As necessary, Program employees will initiate discipline reports to the parent(s)
of participants. Parents will be asked to sign discipline reports to indicate they
have been advised about specific problems or incidents.
E. A sufficient number and/or severe nature of discipline reports as detailed in the
Program Manual may result in a participant being suspended from the Program.
F. In instances where there is a danger to participants or staff, offending participants
will be removed from the Program site as soon as possible.
7
Programming
A. Program employees will attempt to provide activities for each group according to
the participants' ages, interests, and abilities. The activities must be appropriate
to participants' health, safety, and well being. The activities also must be flexible
and promote the participants' emotional, social, and mental growth.
B. Program employees will attempt to provide indoor and outdoor time periods that
include:
(1) Alternating active and passive activities;
(2) Opportunity for individual and group activities, and
(3) Outdoor time each day weather permits.
Communication
A. The Program site will have a mobile phone to allow the site to be contacted by
Parks & Recreation personnel or for making emergency calls.
B. The Site Director will post the following telephone numbers adjacent to a mobile
phone accessible to all Program employees at the site:
(1) Coppell Ambulance or Emergency Medical Services;
(2) Coppell Police Department;
(3) Coppell Fire Department;
(4) Coppell Independent School District campuses;
(5) Numbers at which parents may be reached;
(6) The telephone number for the site itself.
Transportation
A. Before a participant may be transported to and from city sponsored activities, a
transportation form, completed by the parent of the participant, must be filed with
the Site Director.
B. First Aid supplies and a First Aid and emergency care guide will be available in
all Program vehicles that transport children.
C. All Program vehicles used for transporting participants must have available a 6-
BC portable fire extinguisher which will be installed in the passenger
compartment of the vehicle and must be accessible to the adult occupants.
8
FACILITY STANDARDS
Safety
A. Program employees will inspect the Program site daily to detect sanitation and
safety concerns that might affect the health and safety of the participants. A
daily inspection report will be completed by Program employees and kept on file
by the Site Director.
B. Buildings, grounds, and equipment on the Program site will be inspected,
cleaned, repaired, and maintained to protect the health of the participants.
C. Program equipment and supplies must be safe for the participants' use.
D. Program employees must have First Aid supplies readily available at each site,
during transportation to an off-site activity, and for the duration of any off-site
activity.
E. Program air conditioners, electric fans, and heaters must be mounted out of
participants' reach or have safeguards that keep participants from being injured.
F. Program porches and platforms more than 30 inches above the ground must be
equipped with railing participants can reach.
G. All swing seats at the Program site must be constructed of durable, lightweight,
relatively pliable material.
H. Program employees must have First Aid supplies readily available to staff in a
designated location. Program employees must have an immediately accessible
guide to First Aid and emergency care.
I. Restrooms will be inspected on a frequent basis to insure that no undesirable
activity is occurring. Manual logs will be included with inspection reports
indicated above to show that staff checks restrooms.
Fire
A. In case of fire, danger of fire, explosion, or other emergency, Program
employees' first priority is to evacuate the participants to a designated safe area.
B. The Program site will have an annual fire inspection by the local Fire Marshall,
and the resulting report will detail any safety concerns observed. The report will
be forwarded to the Director of Parks & Recreation who will review and
establish deadlines and criteria for compliance. Information from this report will
be included in the Director of Parks & Recreation annual report to the Council.
C. The Program site must have at least one fire extinguisher approved by the Fire
Marshall readily available to all Program employees. The fire extinguisher is to
be inspected monthly by the Site Director, and a monthly report will be
forwarded to the Recreation Manager who will keep the report on file for a
minimum of two years. All Program employees will be trained in the proper use
of fire extinguisher.
9
D. Fire drills will be initiated at Program sites based on the following schedule:
(1) Summer Recreation Program: A fire drill twice during the session.
Health
A. Illness or Injury
(1) A participant who is considered to be a health or safety concern to other
participants or employees will not be admitted to the Program.
(2) Illnesses and injuries will be handled in a manner to protect the health of
all participants and employees.
(3) Program employees will follow plans to provide emergency care for
injured participants with symptoms of an acute illness as specified in the
Program manual.
(4) Program employees will follow the recommendation of the Texas
Department of Health concerning the admission or readmission of any
participant after a communicable disease.
B. Program employees will administer medication only if:
(1) Parent(s) complete and sign a medication form that provides
authorization for staff to dispense medication with details as to time and
dosages. The form will include a hold harmless clause to protect the
City.
(2) Prescription medications are in the original containers labeled with the
child's name, a date, directions, and the physician's name. Program
employees will administer the medication only as stated on the label.
Program employees will not administer medication after the expiration
date.
(3) Nonprescription medications are to be labeled with the child's name and
the date the medication was brought to the Program. Nonprescription
medication must be in the original container. Program employees will
administer it only according to label direction.
(4) Medication dispensed will be limited to routine oral ingestion not
requiring special knowledge or skills on the part of Program employees.
The Program employees will administer no injections.
(5) Program employees must ensure medications are inaccessible to
participants or, if it is necessary to keep medications in the refrigerator
(when available), medications will be kept separate from food.
C. Toilet Facilities
(1) The Program site will have inside toilets located and equipped so
children can use them independently and Program staff can supervise as
needed.
10
(2) There must be one flush toilet for every 15 females and 15 males.
Urinals may be counted in the ratio of toilets for males, but they must not
exceed 70% of the total number of toilets.
(3) An appropriate and adequate number of lavatories will be provided.
(4) Hand cleanser is required at all times.
D. Sanitation
(1) The Program facilities must have adequate light, ventilation, and heat.
(2) The Program must have an adequate supply of water meeting the
standards of the Texas Department of Health for drinking water and
ensure that it will be supplied to the participants in a safe and sanitary
manner.
(3) Program employees must see that garbage is removed from buildings
daily.
E. Water Safety
(1) An adult waterfront director shall be in charge of all waterfront activities.
While waterfront activities are in progress, the waterfront director or an
adult certified lifeguard assistant shall be in the immediate vicinity of the
campers, supervising the program.
(2) All campers’ swimming ability will be tested on their first fieldtrip to the
pool. Children shall then be confined to the limits of swimming skills for
which they have been classified.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
PLANNING
April 8, 2008
11/D
✔
ORDINANCE
Consider approval of an Ordinance for Case No. S-1238R-C, Kegs N Cellar, a zoning change from S-1238-C (Special
Use Permit-1238-Commercial) to S-1238R-C (Special Use Permit-1238 Revised-Commercial) to allow an additional
23-square-foot attached sign on the west elevation in addition to the two existing attached signs for the
2,850-square-foot convenience/retail store located at 777 S. MacArthur Blvd., #413 and authorizing the Mayor to sign.
On February 21, 2008, the Planning Commission unanimously
recommended approval of this zoning change (7-0). Commissioners
Frnka, Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voted in
favor, none opposed.
On March 11, 2008, Council unanimously approved this zoning change
(5-0).
Staff recommends APPROVAL.
@S-1238R-C, KNCellar ORD 1-AR (con)
1 TM 26254.2.000
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY
OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A
CHANGE IN ZONING FROM S-1238-C (SPECIAL USE PERMIT-1238-
COMMERCIAL) TO S-1238R-C (SPECIAL USE PERMIT-1238 REVISED-
COMMERCIAL) TO ALLOW AN ADDITIONAL 23-SQUARE-FOOT
ATTACHED SIGN ON THE WEST ELEVATION, IN ADDITION TO THE
TWO EXISTING ATTACHED SIGNS ON THE 2,850-SQUARE-FOOT
CONVENIENCE/RETAIL STORE LOCATED AT 777 S. MACARTHUR
BLVD., #413, AND BEING MORE PARTICULARLY DESCRIBED IN
EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN;
PROVIDING FOR THE APPROVAL OF THE BUILDING ELEVATIONS
WITH ATTACHED AND PROPOSED SIGNS, ATTACHED HERETO AS
EXHIBIT “B”; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive
Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally,
and to all persons interested and situated in the affected area and in the vicinity thereof, the said
governing body is of the opinion that Zoning Application No. S-1238R-C should be approved, and in
the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and
Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and
the same is hereby amended by granting a change in zoning from S-1238-C (Special Use Permit-
1238-Commercial) to S-1238R-C (Special Use Permit-1238 Revised-Commercial) to allow an
additional 23-square-foot attached sign on the west elevation in addition to the two existing attached
signs for the 2,850-square-foot convenience/retail store located at 777 S. MacArthur Blvd., #413,,
for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes.
2 TM 26254.2.000
SECTION 2. That Special Use Permit-1238-C for a 2,850-square-foot convenience/retail
store shall be revised subject to the following special conditions:
(A) Except as amended herein, the property shall be developed in accordance with
Ordinance 91500-A-458, which is incorporated herein as set forth in full and hereby
republished.
(B) One 23-square-foot attached sign shall be permitted on the west elevation, in addition
to the two existing attached signs on the north and south elevations.
. SECTION 3. That the Building Elevations with Attached and Proposed Signs shall be in strict
conformance with Exhibit “B”, which is attached hereto and made a part hereof for all purposes, are
hereby approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
3 TM 26254.2.000
SECTION 8. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 9. That any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10. That this ordinance shall take effect immediately from and after its passage and
the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2008.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb) [JDD reviewed only 03/21/06]
EXHIBIT “A”
LEGAL DESCRIPTION
Keg N Cellar located:
Lot 4, Block 1 of Coppell Crossing
being a subdivision in the City of Coppell,
known as;
777 South MacArthur Boulevard, Suite 413
Coppell, Texas 75019
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
PLANNING
April 8, 2008
11/E
✔
ORDINANCE
Consider approval of an Ordinance for Case No. S-1245-TC, DeVine Cellars, a zoning change from TC (Town Center)
to S-1245-TC (Special Use Permit-1245-Town Center), to allow the operation of a 2,272-square-foot retail/convenience
store and restaurant, located in the Town Center Addition, along the east side of Denton Tap Road north of Town
Center Blvd and authorizing the Mayor to sign.
On February 21, 2008, the Planning Commission unanimously
recommended approval of this zoning change (7-0). Commissioners
Frnka, Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voted in
favor, none opposed.
On March 11, 2008, Council unanimously approved this zoning change
(5-0).
Staff recommends APPROVAL.
@S-1245-TC, DCellars ORD 1-AR (con)
1 TM 26253.2.000
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY
OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A
CHANGE IN ZONING FROM TC (TOWN CENTER) TO S-1245-TC
(SPECIAL USE PERMIT-1245-TOWN CENTER), TO ALLOW THE
OPERATION OF A 2,272-SQUARE-FOOT RETAIL/CONVENIENCE
STORE AND RESTAURANT, LOCATED IN THE TOWN CENTER
ADDITION, LOT 2, BLOCK 3, ALONG THE EAST SIDE OF DENTON TAP
ROAD NORTH OF TOWN CENTER BLVD, 240 NORTH DENTON TAP,
SUITE 490, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT
“A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING
FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, ELEVATIONS
AND SIGN PLAN ATTACHED HERETO AS EXHIBITS “B”, “C”, “D” AND E,
RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING
A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive
Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally,
and to all persons interested and situated in the affected area and in the vicinity thereof, the said
governing body is of the opinion that Zoning Application No. S-1245-TC should be approved, and in
the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and
Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and
the same is hereby amended to grant a change in zoning from TC (Town Center) to S-1245-TC
(Special Use Permit-1245-Town Center), to allow the operation of a 2,272-square-foot
retail/convenience store and restaurant, located in the Town Center Addition, Lot 2, Block 3, along
the east side of Denton Tap Road north of Town Center Blvd, and being more particularly described
in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to special conditions.
2 TM 26253.2.000
SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to the
following special conditions:
A. The development shall be in accordance with the Site Plan, Floor Plan and Sign
Elevations.
B. Hours of operation shall be limited to 10:00 o’clock a.m. to 10:00 o’clock p.m.
Monday through Thursday; 10:00 o’clock a.m. to 12:00 o’clock p.m. (midnight)
Friday and Saturday; and between 12:00 o’clock p.m. (noon) and 6 o’clock p.m. on
Sunday.
SECTION 3. That the Site Plan, Floor Plan, Elevations and Sign Plan, attached hereto as
Exhibits “B”, “C”, “D” and “E”, respectively, and made a part hereof for all purposes, are hereby
approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
3 TM 26253.2.000
be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 8. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 9. That any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10. That this ordinance shall take effect immediately from and after its passage and
the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2008.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb [reviewed only] 3/25/08)
EXHIBIT “A”
LEGAL DESCRIPTION
DeVine Cellars to be located:
Lot 2, Block 3 of the Town Center Addition,
being a subdivision in the City of Coppell,
known as;
240 North Denton Tap Road, Suite 490
Coppell, Texas 75019
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
PLANNING
April 8, 2008
11/F
✔
ORDINANCE
Consider approval of an Ordinance for two text amendments to the Coppell Zoning Ordinance; Sec. 12-29-3.3 adding
“(P) Signs which advertise or refer to the sale or consumption of alcoholic beverages by words or symbols” to types of
signs are specifically prohibited, and Sec. 12-29-4.3(A)i, requiring individually mounted letters in the industrial districts
and authorizing the Mayor to sign.
On February 21, 2008, the Planning Commission recommended
approval of two text amendments to the Coppell Zoning Ordinance;
Sec. 12-29-3.3 and Sec. 12-29-4.3(A)i (6-1). Commissioners Frnka,
Shute, Haas, Fox, Sangerhausen and Kittrell voted in favor.
Commissioner Shipley was opposed.
On March 11, 2008, Council unanimously approved the above text
amendments to the Sign Ordinance (5-0).
Staff recommends APPROVAL.
@TA, Sec.12-29-3&4 ORD 1-AR (con)
1
TM 26252.2.000
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE ZONING ORDINANCE NO. 91500, BY AMENDING SEC. 12-29-3.3,
ADDING “(P) SIGNS WHICH ADVERTISE OR REFER TO THE SALE
OR CONSUMPTION OF ALCOHOLIC BEVERAGES BY WORDS OR
SYMBOLS” TO TYPES OF SIGNS ARE SPECIFICALLY PROHIBITED,
AND SEC. 12-29-4.3(A)i, REQUIRING INDIVIDUALLY MOUNTED
LETTERS ON ATTACHED SIGNS IN THE INDUSTRIAL DISTRICTS;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY CLAUSE OF A FINE NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That Ordinance No. 91500 of the City of Coppell, Texas as
heretofore amended be and the same is hereby amended by amending Section 12-29-3, by
adding Subsection (P) to read as follows:
Sec. 12-29-3. Provisions for all zoning districts.
. . . . .
3. Prohibited signs: The following types of signs are specifically prohibited.
. . . . .
“(P) Signs which advertise or refer to the sale or consumption of alcoholic
beverages by words or symbols.”
. . . . .
. . . . .”
SECTION 2. That Ordinance No. 91500 of the City of Coppell, Texas, as heretofore
amended, be, and the same is hereby amended by repealing Section 12-29-4.3 (A)i. and replacing
2
TM 26252.2.000
with a new Section 12-29-4.3 (A)i, deleting the language, “and the requirement for individually
mounted letters”, which shall hereinafter read as follows:
i. Attached signs shall consist of individually-mounted channel letters in
white, ivory, black or neutral colors. In the event that a building has
existing attached signs of all one color, not compliant with the colors
specified herein, then the new sign may either match the color of the
existing signs on the building, or be white, ivory, black or neutral. It is the
intent of this provision that all tenant signage be the same color in any
individual building. Raceways shall match the color of the materials to
which they are mounted. All illumination shall be limited to white or off-
white. Logos in any color shall be permitted, but shall not exceed 20
percent of the area of the sign. Attached signs in areas zoned Light
Industrial are exempt from the color and logo size restrictions. Refer to 12-
29-4.3(D) for additional regulations on attached signs in Industrial zoned
areas.
SECTION 3. That all ordinances and provisions of the Ordinances of the City of Coppell,
Texas in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all
other provisions not in conflict with the provisions of this ordinance shall remain in full force and
effect.
SECTION 4. That should any word, phrase, paragraph, section or portion of this
ordinance, or of the Ordinances, as amended hereby, be held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said ordinance or of the Ordinances,
as amended hereby, which shall remain in full force and effect.
SECTION 5. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Ordinances, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
3
TM 26252.2.000
SECTION 6. That any person, firm or corporation violating any of the provisions of this
ordinance or of the ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and,
upon conviction in the municipal court of the City of Coppell, Texas, shall be subject to a fine not to
exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day said
violation is continued shall constitute a separate offense.
SECTION 7. That this ordinance shall become effective immediately from and after its
passage and publication of the caption as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _____ day of
__________, 2008.
APPROVED:
________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
__________________________________
ROBERT E. HAGER, CITY ATTORNEY
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
PLANNING
April 8, 2008
12
✔
PUBLIC HEARING
Consider approval of Case No. PD-215R-LI, Victron Energy, a zoning change request from PD-215-LI (Planned
Development-215-Light Industrial) to PD-215R-LI (Planned Development-215 Revised-Light Industrial) as revised, to allow
red & yellow striping and internally illuminated signage on the gas pump canopy and internally illuminated signage on
two sides of an eight-foot tower extension located along I.H. 635 on 2.34 acres of property within the City of Coppell
and the City of Irving, located south of I.H. 635, east of Royal Lane.
The following P&Z conditions remain outstanding:
1. Revise the tower signage to include only an 8’ x 8’ internally illuminated shell. (No modifications made to the tower
signage proposal)
2. Eliminate the canopy modifications from the proposal. (The yellow/red stripe has been eliminated from the
proposal; however, the internally illuminated red signage remains)
On February 21, 2008, the Planning Commission unanimously
recommended approval of this zoning change (7-0), subject to the
above-stated conditions. Commissioners Frnka, Shute, Haas, Fox,
Sangerhausen, Shipley and Kittrell voted in favor, none opposed.
Staff recommends APPROVAL.
@01 PD-215R-LI, Victron Energy 1-AR
ITEM #6
PAGE 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case No. : PD-215R-LI, Victron Energy
P&Z HEARING DATE: January 17, 2008 (Held under advisement until the February 21
hearing)
C.C. HEARING DATE: February 12, 2008 (Rescheduled for the March 11 Council
meeting)
STAFF REP: Matt Steer, City Planner
LOCATION: South of I.H. 635, east of Royal Lane
SIZE OF AREA: 2.34 acres of property
CURRENT ZONING: PD-215-LI (Planned Development-215-Light Industrial)
PREVIOUS REQUEST: Zoning change request to PD-215R-LI (Planned Development-215
Revised-Light Industrial) to allow a red & yellow canopy with a sign
and a 40-foot tall pole sign to be located along I.H. 635.
REVISED REQUEST: Zoning change request to PD-215R-LI (Planned Development-215
Revised-Light Industrial) to allow red & yellow striping and
internally illuminated red signage on the gas pump canopy and
internally illuminated signage on two sides of an eight-foot tower
extension.
APPLICANT: Applicant:
The Ratliff Group, LLC
Bennett Ratliff
P.O. Box 949
Coppell, Texas 75019
Phone: 972.915.0000
Fax: 972.462.0020
ITEM #6
PAGE 2 of 4
HISTORY: In February 2002, City Council approved a request by the current
property owner to abandon the right-of-way for Cotton Road,
which previously abutted this property to the south. One-half of
the right-of-way was acquired by the property owner to the north
and the remaining one-half to the property owner to the south,
DFW Airport. During this abandonment process, all utility
companies were contacted. All signed off with no conditions
except for TXU (which was Oncor at that time), who requested an
easement be retained due to the active facilities that were within
this right-of-way. This abandonment action increased the size of
the subject tract by approximately 0.3902 of an acre or 16,995
square feet. In August 2006, a minor plat and rezoning from LI
(Light Industrial) to PD-215-LI (Planned Development 215-Light
Industrial) was approved for this site resulting in the development
of a 4,248-square-foot convenience store, 1,414-square-foot
restaurant and a 5,104-square-foot canopy over six gas pumps.
The existing billboard on the northwest corner of the site was
allowed to remain, although staff had recommended its removal.
TRANSPORTATION: Lyndon B. Johnson Freeway (IH-635) is a freeway with variable
width right-of-way. Royal Lane is designated as a 6-lane divided
thoroughfare with 110’ right-of-way.
SURROUNDING LAND USE & ZONING:
North – Lyndon B. Johnson Freeway (IH 635, LBJ Freeway)
East – Lyndon B. Johnson Freeway (IH 635, LBJ Freeway)
South – Undeveloped; DFW Airport Property
West – Undeveloped; DFW Airport Property
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for Light
Industrial/Showroom uses.
DISCUSSION: This is a two part request: 1) a 40-foot high pole “can sign” with a
100-square-foot illuminated plastic face and 2) a change in the
color of the gas canopy from beige to bright yellow with a red
vinyl stripe and an illuminated red “Shell” sign. Signs attached to
canopies, pole signs and can signs are specifically prohibited by
Section 12-29-3 of the Zoning Ordinance. Monument signs and
attached, building signage with white channel letters are only the
types permitted. A 40-square-foot monument sign (exhibit
attached) has already been permitted and constructed at the
northwest corner of the site. Building signage (exhibit attached)
has been permitted and attached to both the north and west
facades (white channel letters with a black shadow). There is a
ITEM #6
PAGE 3 of 4
31-square-foot “Deli Select” and a 22-square-foot “Gateway” sign
on the Royal Lane facade and a 31-square -foot “Deli Select” sign
on the LBJ facade. These signs are smaller in area than what
could potentially be permitted- 77 square-feet allowed along the
LBJ side and 83 square-feet along the Royal side. Because
visibility is key to this site, staff could support a minor deviation
from the sign ordinance to allow for a small amount of canopy
signage if done tastefully. A 2.5-foot x 7.5-foot “Shell” sign
matching the style of the existing attached signage (white
channel letters with a black shadow) at each face of the
northwest corner of the canopy could be supported by staff. All
the other requests are recommended for denial, as they are in
direct conflict with the Ordinance.
At the January 17th Planning Commission meeting, members
voted to hold this case under advisement until the February
hearing so the applicant could address concerns regarding
various issues. The issues revolved around developing a
compromise between what is allowed by Ordinance and what
would be acceptable for this site, given its unique location.
The applicant’s representative met with Planning staff,
corresponded through telephone conversations and e-mails, and
has attempted to address some of the concerns of the Planning
Commission. In summary, here’s what is proposed:
1) In lieu of the 40’ pole sign, the existing tower is
proposed to be increased by 8’ (proposed height
increase from 33’ to 41’) and a standard 8’ x 8’
illuminated “Shell” can sign built into two sides (west
and east sides).
2) The requested canopy signage is the same as
previously proposed– painted yellow with a red vinyl
stripe and illuminated red “Shell’ lettering.
Although better than the previous request, staff still has
reservations in recommending approval. Canopy signage is
specifically prohibited by Ordinance based on aesthetic reasons.
The Committee to Improve the Visual Image of Coppell (CIVIC)
Report of 1997 called for the elimination and prevention of visual
clutter and specifically outlined signage and billboards as such.
This site already has a very large billboard on the most visible
corner and it would not be appropriate to paint the canopy
yellow with a red vinyl stripe and attach red signage to it. This is
the first impression of the building when driving on the eastbound
exit ramp from LBJ, and when approaching it from Royal. In a
compromise given in the previous request, staff recognized the
visibility of the canopy from the east bound exit ramp off LBJ and
ITEM #6
PAGE 4 of 4
recommended canopy signage to match that of the building.
Staff is still comfortable with allowing a 2.5-foot x 7.5-foot “Shell”
sign to match the style of the existing attached signage (white
channel letters with a black shadow) at each face of the
northwest corner of the canopy without the red/yellow striping,
and still has not received a compromise proposal of canopy
signage from the applicant.
With regard to the elimination of the pole sign, staff is pleased, but
still a bit hesitant in recommending the “standard” 8’ x 8’ internally
illuminated attached can sign. The height of the tower attached
to the building is proposed to be extended 8’, reaching 41’ to the
peak. The tower will now be the focal point of the building and a
standard can sign will not add anything to its architectural appeal
and will definitely take away from it. Staff can support signage in
this location, but not this particular type, and has urged the
applicant to “think outside the box”, and come up with something
that “adds” to the building.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending DENIAL of this request and APPROVAL of
signage on the canopy as follows:
1. Two, 2.5’ x 7.5’ “Shell” signs.
2. White channel letters with a black shadow to match the
existing building signage.
3. Located on each face of the northwest corner of the
canopy.
With regard to the tower signage, revise the proposed sign type to
be a cast stone externally illuminated shell logo or a halo-type
sign with a reverse lit clam shell with a red background.
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) Previously Approved Elevations with dimensions
2) Applicant’s Revised Signage Request Summary
3) West Elevation
4) Can Sign Detail
5) Canopy Signage Plan
6) Photo Simulation of the West Elevation
7) Photo Simulation of the East Elevation)
THE RATLIFF GROUP, L.L.C.
P.O. BOX 949 Õ COPPELL, TX 75019
972/915-0000 Õ FAX 972/462-0020
WWW.RATLIFFGROUP.COM
March 5, 2008
City of Coppell
P.O Box 9478
Coppell, Texas 75019
Attention: Matt Steer, AICP
Reference: PD-215R-LI, Victron Energy
Dear Matt:
Per our telephone conversations, please postpone the above referenced case until the City Council
meeting on March 25 or April 8, 2008. Please let us know when we will be posted for
consideration by the City Council.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Bennett Ratliff, President
THE RATLIFF GROUP, L.L.C.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ ȱ
PLANNING
April 8, 2008
13
✔
PRESENTATION
Consider approval of the Rolling Oaks Memorial Center, Lot 1, Block A, Minor Plat, to dedicate right-of-way, establish
fire lanes and easements for Phase 1 development of the memorial center (SUP-1244-LI) on approximately 15.5 acres
of property located at the northeast corner of Freeport Parkway and Ruby Road (400 S. Freeport Parkway).
There are no P&Z conditions.
On March 20, 2008, The Planning Commission unanimously
recommended approval of this Minor Plat with no conditions (6-0).
Commissioners Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell
voted in favor, none opposed.
Staff recommends APPROVAL.
@02 ROM Center, L1, BA, MP 1-AR
ITEM # 4
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Rolling Oaks Memorial Center
Lot 1, Block A, Minor Plat
P&Z HEARING DATE: March 20, 2008
C.C. HEARING DATE: April 8, 2008
STAFF REP.: Marcie Diamond, Assistant Director of Planning
LOCATION: Northeast corner of Freeport Parkway and Ruby
Road (400 S. Freeport Parkway)
SIZE OF AREA: 15.5 acres of property (Phase I of a 33.5-acre
development)
CURRENT ZONING: S-1244-LI, (Special Use Permit-1244-Light Industrial)
REQUEST: To dedicate right-of-way, establish fire lanes and
easements for Phase 1 development of the
memorial center.
APPLICANT: Mike Daniel, P.E., R.P.L.S.
Nathan D. Maier
8080 Park Lane, Suite 600
Dallas, Texas 75231
214-739-4741
FAX: 214-739-5961
HISTORY: The subject property was acquired by the City of
Coppell for municipal purposes in the year 2000.
In May of this year, Council approved a Letter of
ITEM # 4
Page 2 of 3
Intent with Stewart Enterprises, Inc. to allow the
development, long term lease and operation of
a funeral home on this 33.5 acre tract of land.
On November 12, 2007 City council approved S-
1244-LI to allow the development of a Municipal
Cemetery and ancillary uses including a detail
site plan for Phase 1 including: Mortuary,
Columbarium, Pavilion and burial areas.
On March 11, 2008 Council approved a contract
and lease agreement to allow the construction
and operation of this facility.
TRANSPORTATION: Freeport Parkway is a four-lane divided
thoroughfare built within 90 feet of right-of-way.
Ruby Road is a two-lane undivided thoroughfare
built within 60 feet of right-of-way.
SURROUNDING LAND USE & ZONING:
North – single family home and Alford Media; “LI”,
(Light Industrial)
South – The Container Store;”PD-186R5-LI”,
(Planned Development-186-Revised 5-Light
Industrial)
East - Oak Park Village & Golden Triangle Mobile
Home Parks; “2F-9”, (Two-Family-9)
West - Wagon Wheel Park;”LI”, (Light Industrial)
COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan shows
the property as suitable for light
industrial/showroom uses.
DISCUSSION: This request is to subdivide 15.5 acres of property
to allow the first phase development of a
combination cemetery/funeral home which will
include three buildings: a full-service mortuary
(including administrative offices), an enclosed
columbarium building, and an open-air pavilion
for memorial services held in conjunction with
ITEM # 4
Page 3 of 3
burials. Various easements are being established
for water lines and drainage. The proposed 24-
foot-wide fire lane will encircle the mortuary
building and provide access to the columbarium
and pavilion, as well as Freeport Parkway and
Ruby Road.
This plat meets all technical requirements of the
Subdivision Ordinance, and therefore warrants
approval.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of Rolling Oaks
Memorial Center, Lot 1, Block A, Minor Plat, with
no conditions.
ALTERNATIVES:
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
Minor Plat
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
PLANNING
April 8, 2008
14
✔
PUBLIC HEARING
Consider approval of Case No. PD-209R-C, TownOaks Centre, zoning change request from PD-209-C (Planned
Development-209-Commercial) to PD-209R-C (Planned Development-209 Revised-Commercial) to allow an increase
in the allowable size of a proposed attached sign from 25.6 square feet to 64.7 square feet, for Tuesday Morning, on
property located at the southeast corner of Sandy Lake Road and Denton Tap Road.
P&Z recommended approval, subject to the following conditions:
1. Modify the size of this attached sign to be a maximum of 33 square feet.
2. The sign shall be removed within 30 days of this lease space being vacated.
3. All future signage that is not in compliance with the regulations of the Sign Ordinance shall require an amendment
to this Planned Development District.
The applicant has submitted a revised exhibit with a 33 square foot sign, stating that Tuesday Morning continues to
object to the reduction in size, and is still requesting a 62.7 square foot sign.
It will require a 3/4 vote of City Council overrule P&Z Commission's recommended 33 square foot sign.
On March 20, 2008, The Planning Commission recommended approval
of this zoning change (4-2), subject to the above-stated conditions.
Commissioners Haas, Fox, Sangerhausen, and Shipley voted in favor.
Commissioners Shute and Kittrell opposed.
Staff recommends APPROVAL.
@03 PD-209R-C, TownOaks Ctr 1-AR
ITEM # 5
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case No.: PD-209R-C, TownOaks Centre
P&Z HEARING DATE: March 20, 2008
C.C. HEARING DATE: April 8, 2008
STAFF REP.: Marcie Diamond, Assistant Director of Planning
LOCATION: Southeast corner of Sandy Lake Road and Denton Tap
Road
SIZE OF AREA: Nine (9) acres of property
CURRENT ZONING: PD-209-C (Planned Development-209-Commercial)
REQUEST: A zoning change request to PD-209R-C (Planned
Development-209 Revised-Commercial) to allow an
increase in the allowable size of a proposed attached
sign from 25.6 square feet to 64.7 square feet, for
Tuesday Morning.
APPLICANT: Alen Hinckley
Coppell Village, LTD.
12201 Merit Drive, Suite 170
Dallas, Texas 75251
(972) 991-4600
FAX: (972) 991-7500
HISTORY: This property was originally platted into four lots in 1984.
Lot 1 was platted for a restaurant pad site (now vacant),
Lots 2 and 4 for “strip” retail and Lot 3 for a Minyards
ITEM # 5
Page 2 of 3
grocery store. In March of that year, the Board of
Adjustment granted a variance to the required 10-foot
front yard, decreasing the landscape setback to seven
feet. The applicant contended that they had already
drawn the plans, etc, prior to the adoption of the
ordinance requiring 10 feet of landscaping and that
providing the 10 feet would create a hardship (current
ordinances would require a minimum of 15 feet of
landscaping along street rights-of-way).
In January 2005, Council approved placing this
property under a Planned Development District to
allow a revised elevation and variances to the sign
ordinance including a 150-square-foot attached sign
for Fitness Express, and two 63-square feet, externally-lit
monument signs with variances to the setback
requirements.
TRANSPORTATION: Denton Tap Road is a six-lane divided thoroughfare built
to standard within a 120-foot right-of-way.
SURROUNDING LAND USE & ZONING:
North –Frost Bank and Tom Thumb shopping center; TC
(Town Center)
South –Braewood shopping center; C (Commercial)
East–Braewood West subdivision; SF-7 (Single Family-7)
West– McDonalds, Exxon gas station; R (Retail)
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the
property as suitable for mixed uses.
DISCUSSION: As discussed above, this property has received several
variances allowing non-compliant landscaping and
signage. Most recently, a PD was established allowing
the 150 square foot Express Fitness sign. This sign has
raised questions in the community as to how such a
large sign received approval in this shopping center.
The current request is to allow another oversized sign for
lease space next to Express Fitness.
ITEM # 5
Page 3 of 3
Tuesday Morning is intending to occupy 11,521 square
feet of the former grocery store. As shown on the site
plan, this lease space is irregularly shaped, but will only
have 25’7” wide footage, thus allowing a 25’7” square
foot sign. The applicant is requesting a 64.7 square foot
sign (not including the black back plate) which is over
twice the size that would be permitted. Staff sees no
justification for this variance. As staff did not support
the variance for Express Fitness, which is significantly less
(in percentage increase) than what is being requested
here; staff can not support this request. The signage on
the remainder of the center appears to be complaint
with size regulations of the Sign Ordinance, and this is a
precedent that does not need to be set in our retail
areas.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending DENIAL of PD-209R-C, TownOaks
Centre, PD amendment to allow a 64.7 square foot sign
for Tuesday Morning, and APPROVAL of a 25’ 7” sign in
compliance with the Sign Ordinance.
ALTERNATIVES:
1) Recommend approval of the request
2) 2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later
date
ATTACHMENTS:
1) Color Rendering of Comparison of Applicant’s
Request and Staff Recommendation.
2) Color Building Elevations with rendered sign.
3) Sign Details
4) Site Plan with black and white elevations
Request: 64.7 square foot signStaff Recommendation: 25’7” square foot sign
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ ȱ
PLANNING
April 8, 2008
15
✔
PUBLIC HEARING
Consider approval of Case No. PD-222R2-LI, Duke Lesley Addition Lot 2, Block A, zoning change request from PD-222-LI
(Planned Development-222-Light Industrial) to PD-222R2-LI (Planned Development-222 Revision 2-Light Industrial) to
amend the PD conditions to allow for attached building signage which exceeds the size and number requirements of
the Zoning Ordinance for Hemispheres, located along the north side of Dividend Drive, approximately 1,200 feet west
of S. Belt Line Road,
The are no remaining outstanding P&Z conditions.
On March 20, 2008, The Planning Commission unanimously
recommended approval of this zoning change (6-0), subject to the
above-stated conditions. Commissioners Shute, Haas, Fox,
Sangerhausen, Shipley and Kittrell voted in favor. None opposed.
Staff recommends APPROVAL.
@04 PD-222R2-LI, DLA, L2, BA 1-AR
ITEM # 6
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case No.: PD-222R2-LI, Duke Lesley
Lot 2, Block A
P&Z HEARING DATE: March 20, 2008
C.C. HEARING DATE: April 8, 2008
STAFF REP.: Gary L. Sieb, Director of Planning
LOCATION: North side of Dividend Drive, approximately 1,200
feet west of S. Belt Line Road
SIZE OF AREA: 37 acres of property
CURRENT ZONING: PD-222-LI, (Planned Development-222-Light
Industrial)
REQUEST: A zoning change request to PD-222R2-LI (Planned
Development-222 Revision 2-Light Industrial) to
amend the PD conditions to allow for attached
building signage which exceeds the size and
number requirements of the Zoning Ordinance
for Hemispheres.
APPLICANT: Owner: Applicant:
Duke Realty Corporation Starlite Sign
Jeff Thornton Debbie Stellar
14241 N. Dallas Parkway 7923 E. McKinney
Suite 1000 Denton, TX. 76208
Dallas, TX. 75254 (940) 382-8850
(972) 361-6717 Fax: (940) 380-0167
Fax: (972) 361-6802
ITEM # 6
Page 2 of 4
HISTORY: City Council approved a zoning change from
“A” Agriculture to “LI” Light Industrial on a 112-
acre parcel of the 186-acre Duke-Lesley property
on December 12, 2006. On April 10, 2007,
rezoning was approved, changing the “LI” to
Planned Development (PD-222-LI). This zoning
change allowed a parking ration of one parking
space per each 5,000 square feet of warehouse
area (our normal requirement is 1/1000), and
landscaping to screen truck courts rather than
the normally required masonry wall on this 112-
acre property. A Detail Site Plan and Plat to
allow a 755,394-square-foot office/warehouse
building on 36.2 acres of that property was also
approved at that same public hearing. The
applicant has now requested modification of our
sign regulations for the 755,000-square-foot
warehouse building.
TRANSPORTATION: Dividend Drive is a four-lane divided
thoroughfare contained within a 90 foot right of
way, and is adjacent to this property on two
sides, the south and west.
SURROUNDING LAND USE & ZONING:
North- Middle School West, warehousing; “C”
Commercial and “PD-222R-LI”, Planned
Development, Light Industrial
South- vacant; PD-221-HC, Planned Development
–Highway Commercial
East- vacant; PD-222-LI, Planned Development,
Light Industrial
West-vacant, LBJ Freeway; PD-221 HC, Planned
Development-Highway Commercial
COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan, as
amended, shows the property as suitable for light
industrial/warehouse use.
ITEM # 6
Page 3 of 4
DISCUSSION: This request involves a 36-acre parcel with a
recently completed 755,000-square-foot
warehouse building. A portion of the building
has been leased to Hemispheres, a furniture
company. The purpose of the request is to apply
for a number of oversized signs to be attached to
the building.
As a general rule, we utilize the PD for a variety of
reasons, not the least to accommodate
reasonable requests for variances to the
development code when those code
requirements seem unreasonable. In this
instance, the applicant can comply with our sign
regulations by reducing the size of signage by
eliminating “customer pick up” and relocating
one “customer entrance” and one “distribution”
sign.
In visiting the site, the applicant has already
placed a sign on the building that basically
complies with our suggestion. Elimination of the
“customer pick up” under the main sign results in
building signage size (196 square feet) which
meets city code. By moving the “customer
entrance” sign to inside the building, above the
entrance doors, and affixed to the glass
addresses where the customer entrance is
located, and can be easily seen from outside the
building. Customers must enter through a door
and placement above the entrance doors is an
easy fix, has been applied elsewhere in Coppell,
and if done, would comply with our sign
ordinance.
The applicant also requests two signs on the west
end of the building. Again, staff preference is to
locate the “distribution” signage inside the
building and attach it above the entry doors in
similar fashion as suggested for the “customer
pick up” signage above. The “Hemisphere” sign
would be in compliance If that is done, the one
sign per occupant requirement of the ordinance
would be met.
ITEM # 6
Page 4 of 4
Finally, included with this request is a submission
regarding directional signage. The ordinance
allows on-site directional signs but they can not
exceed 3 square feet. The request here is for a
six square foot sign. Three square feet directional
signage has served this community well in the
past, the majority of directional signage in the
community does not exceed three square feet;
staff can not support this sign enlargement
request.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending DENIAL of the request as
submitted, APPROVAL of two, blue “Hemisphere”
attached signs (already in place) only, with
“customer pick-up” and “distribution” signs to be
located inside the building above the
appropriate entrance doors. Directional signage
should be limited to 3 square feet.
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) Series of 8 ½ inch by 17 inch exhibits of
signage requests (8 pages)
Landlord Sign Package Approval
Landlord Signature Date
Upon arrival at the job site, if you find any differences
between the drawings and the actual physical
characteristics of the building which may require
repositioning of the signs, or if someone on the job
site tells you to install the signs in a different position
than is called for on the drawings, stop immediately
and call one of the following for authorization:
Starlite Sign - Debbie Stellar / 817-465-4602;
Hobby Lobby Store Planning - Larry Hostetter / 405-745-1178
or Jack Johnston / 405-745-1351;
Failure to do so may result in the installer having to bear
the expense of reinstalling the sign in the correct position.
(As Shown)
N/A Pg. 1 of 8Hemispheres
Point West VII
Coppell, TX
Debbie Stellar
G. Owens N/A
0706-009r13
Paula Saffle
2370 3-28-08
(As Shown)
N/A
SITE PLAN
N.T.S.
“DISTRIBUTION”
“HEMISPHERES CUSTOMER PICKUP”
DIRECTIONAL
“HEMISPHERES”Pg. 2 of 8Hemispheres
Point West VII
Coppell, TX
Debbie Stellar
G. Owens N/A
0706-009r13
Paula Saffle
2370 3-28-08
Construct & Install Using Only U.L. Listed Components
& In Accordance w/ National Electrical Sign Code
(As Shown)
PARTIAL SOUTH ELEVATION (LEFT END)
SCALE: 3/32”= 1'-0"45’-0”NOTE:
MUST SECURE MODIFICATION
OF PLANNED DEVELOPMENT
700’-0” STOREFRONT
CHANNEL LETTERS
SCALE: 3/32”= 1'-0"
35’-3”8’-0”56”4’-0”
32 + 146.2 = 178.2
31’-4”
8’-0” x 4’-0” = 32
4’-8” x 31’-4” = 146.2
SEE DETAILS ON PG. 6 Pg. 3 of 8Hemispheres
Point West VII
Coppell, TX
Debbie Stellar
G. Owens N/A
0706-009r13
Paula Saffle
2370 3-28-08
Construct & Install Using Only U.L. Listed Components
& In Accordance w/ National Electrical Sign Code
(As Shown)45’-0”PARTIAL WEST ELEVATION (RIGHT END)
SCALE: 3/32”= 1'-0"
520’-6” STOREFRONT
8’-0” x 35’-3” = 2824”WINDOW VINYL
SCALE: ¾”= 1'-0"
58”
INSTALL INSIDE BEHIND GLASS
CHANNEL LETTERS
SCALE: 3/32”= 1'-0"
35’-3”8’-0”56”28’-1 ½”21”SEE DETAILS ON PG. 6 Pg. 4 of 8CUSTOMER ENTRANCE
1006”OPAQUE WHITE VINYL
APPLIED 2ND SURFACE
ON TRANSOM
Hemispheres
Point West VII
Coppell, TX
Debbie Stellar
G. Owens N/A
0706-009r13
Paula Saffle
2370 3-28-08
(As Shown)
PARTIAL WEST ELEVATION (LEFT END)
SCALE: 3/32”= 1'-0"45’-0”1’-2” x 8’-0” = 9.3 SQ. FT.
520’-6” STOREFRONT
Pg. 5 of 84”WINDOW VINYL
SCALE: ¾”= 1'-0"
35 ½”
DISTRIBUTION
1006”OPAQUE WHITE VINYL
APPLIED 2ND SURFACE
ON TRANSOM
Hemispheres
Point West VII
Coppell, TX
Debbie Stellar
G. Owens N/A
0706-009r13
Paula Saffle
2370 3-28-08
(1) 20amp 120v circuit required
Construct & Install Using Only U.L. Listed Components
& In Accordance w/ National Electrical Sign Code
(As Shown)
See Elevation Pgs.
5” .063 ALUM. RETURNS PREFINISHED WHITE
5” .063 ALUM. RETURNS PREFINISHED WHITE
1/8” #2114 BLUE ACRYLIC FACE
1/8” #7328 WHITE ACRYLIC FACE
2” BLACK JEWELITE TRIM
1” BLACK JEWELITE TRIM
NON-CORROSIVE MOUNTING SCREW IN ANCHOR
NON-CORROSIVE MOUNTING SCREW IN ANCHOR
WEEP HOLES FOR DRAINAGE
WEEP HOLES FOR DRAINAGE
#3630-137 EUROPEAN BLUE VINYL OUTLINE APPLIED FIRST SURFACE
BLUE LED LIGHTING (5/FT.)
WHITE LED LIGHTING
.063 ALUMINUM BACK
.063 ALUMINUM BACK
A
A
C
C
E
E
G
G
I
I
J
H
H
F
F
D
D
B
B
“HEMISPHERES” LETTERLOK CHANNEL LETTERS
“CUSTOMER PICK UP” LETTERLOK CHANNEL LETTERS
LED POWER SUPPLY
LED POWER SUPPLY
PRIMARY WIRING
PRIMARY WIRING
WALL
SECTION - “HEMISPHERES”
N.T.S.
A
C
D
E
F
G
H
B
I
WALL
SECTION - “CUSTOMER PICK UP”
N.T.S.
A
C
D
E
F
G
H
B
I
J
Pg. 6 of 8Hemispheres
Point West VII
Coppell, TX
Debbie Stellar
G. Owens N/A
0706-009r13
Paula Saffle
2370 3-28-08
(As Shown)
1’-6” x 2’-0” = 3
DOUBLE-FACE DIRECTIONAL SIGN - (1) REQUIRED
SCALE : 1 ½”= 1'-0"3”24”18”2” SQ. TUBE ALUMINUM FRAME PTD. PMS 281 DK. BLUE
.063 ALUMINUM FACES PTD. PMS 281 DK. BLUE w/#02 REFLECTIVE WHITE VINYL COPY
(ATTACH TO SQ. TUBE FRAME w/LORDS ADHESIVE)
A
B
DOUBLE-FACE DIRECTIONAL SIGN
CUSTOMER
PICK UP3”4 ¾”Pg. 7 of 8Hemispheres
Point West VII
Coppell, TX
Debbie Stellar
G. Owens N/A
0706-009r13
Paula Saffle
2370 3-28-08
N.T.S.
See Details Pg. 8 of 8DAY SIMULATION
NIGHT SIMULATION
Hemispheres
Point West VII
Coppell, TX
Debbie Stellar
G. Owens N/A
0706-009r13
Paula Saffle
2370 3-28-08
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ ȱ
PLANNING
April 8, 2008
16
✔
ORDINANCE
Consider approval of an Ordinance for Case No. PD-223R-C, Chase Bank (Kimbel Addition), a zoning change from
PD-223-C (Planned Development-223-Commercial) to PD-223R-C (Planned Development-223 Revised-Commercial) to
attach a revised Detail Site Plan to allow the development of a 3,889-square-foot bank with three drive-thru lanes on
0.70 acres of property, located at the southeast corner of MacArthur Boulevard and Village Parkway and authorizing
the Mayor to sign.
On February 21, 2008, the Planning Commission recommended
approval of this zoning change (6-1). Commissioners Frnka, Shute,
Haas, Fox, Shipley and Kittrell voted in favor. Commissioner
Sangerhausen was opposed.
On March 11, 2008, Council approved this zoning change (4-1).
Staff recommends APPROVAL.
@05 PD-223R-C, Chase Bk ORD 1-AR
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM PD-223-C (PLANNED
DEVELOPMENT-223-COMMERCIAL) TO PD-223R-C (PLANNED
DEVELOPMENT-223 REVISED-COMMERCIAL) TO ATTACH A
DETAIL SITE PLAN TO ALLOW THE DEVELOPMENT OF A 3,889-
SQUARE-FOOT BANK WITH THREE DRIVE-THRU LANES ON 0.70
ACRES OF PROPERTY, LOCATED AT THE SOUTHEAST CORNER OF
MACARTHUR BOULEVARD AND VILLAGE PARKWAY AND BEING
MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED
HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES;
PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN,
LANDSCAPE PLAN, ELEVATION/SIGN PLAN, ATTACHED HERETO
AS EXHIBITS “B, C, AND D”, RESPECTIVELY; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City
of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-223R-C
and S-1114-C should be approved, and in the exercise of legislative discretion have concluded that
the Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended by granting a change in zoning from PD-223-C (Planned
Development-223-Commercial) to PD-223R-C (Planned Development-223 Revised-
Commercial) to attach a Detail Site Plan to allow the development of a 3,889-square-foot bank
TM 26251.2.000
2
with three drive-thru lanes on 0.70 acres of property, located at the southeast corner of
MacArthur Boulevard and Village Parkway and being more particularly described in Exhibit “A”,
attached hereto and made a part hereof for all purposes as depicted on the site plan.
SECTION 2. This Planned Development shall be developed and used only in accordance
with the detail site plan, landscape plan, elevation/sign plan and the development standards as
follows:
A. Except as amended herein, the property shall be developed in accordance
with Planned Development Ordinance, Ordinance 91500-A-472, which is
incorporated herein as set forth in full and hereby republished.
SECTION 3. The property shall be developed and used in accordance with the C
(Commercial) development standards under the Coppell Zoning Ordinance, except as amended in
the development regulations as indicated on the detail site plan, landscape plan, elevation/sign plan
attached hereto as Exhibits “B, C, and D” , respectively, and made a part hereof for all purposes,
which are hereby approved and the Planned Development standards for said Planned Development.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended and as amended herein.
SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so
TM 26251.2.000
3
decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 7. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 8. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 9. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2008.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb Reviewed & Revised 3/31/08)
Legal Description
Where as Centurion Trust, Armada Capital, LP. Tr. Mercury Resources Group, LP. Tr, Papa John’s U.S.A.,
Inc., UEI EMPP, Trustee are the owner of a tract of land situated in the B.B.B. & C.R.R. SURVEY, Abstract
199 and EDWARD COOK SURVEY, Abstract 300, and being all of Lots 7,8,9,10,11,12,13, and 14 of the
KIMBEL ADDITION, an addition to the city of Coppell as recorded in Volume 77219, Page 999 of the Plat
Records of Dallas County, Texas (DRDCT), and being more particularly described as follows:
Commencing at an “X” cut set at the intersection of a northerly right‐of‐way line of SANDY LAKE ROAD (a
variable width right‐of‐way) and the easterly right‐of‐way line of MACARTHUR BOULEVARD (a 100 foot
Right‐of way);
Thence along the easterly right‐of‐way of said MACTHUR BOULEVARD North 02 degrees 17 minutes 22
seconds West a distance of 308.05 to the POINT OF BEGINNING;
Thence along the easterly right‐of‐way of said MACTHUR BOULEVARD North 02 degrees 17 minutes 22
seconds West a distance of 235.12 to an “X” cut in concrete for corner, said point being at the
intersection of the easterly right‐of‐way line of said MACTHUR BOULEVARD and the southerly right‐of‐
way line of VILLAGE PARKWAY (a 60 foot right of way);
Thence departing the easterly right‐of‐way line of said MACTHUR BOULEVARD and along the southerly
right‐of‐way line of said VILLAGE PARKWAY North 87 degrees 47 minutes 26 seconds East, a distance of
139.95 feet to a ½ inch iron rod with a red plastic cap stamped “WAI” set for corner, said iron rod being
the northwest corner of Lot 16 of the KIMBEL ADDITION, an addition to the City of Coppell, Texas, as
recorded in Volume 2002205, Page 4796 of the Deed Records of Dallas County, Texas (DRDCT);
Thence departing the southerly right‐of‐way line of said VILLAGE PARKWAY and along the said lot line
South 02 degrees 17 minutes and 22 seconds East, a distance of 219.92;
Thence along said lot line North 87 degrees 47 minutes and 26 seconds East, a distance of 139.95 feet to
the POINT OF BEGINNING;
CONTAINING within these metes and bounds 0.706 acres or 30,778 square feet of land more or less.
Bearings contained within this field note description are based upon the Kimbel Addition Replat
containing Lot 8R, dated 06/12/07.
EXHIBIT ‘A’
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Engineering
April 8, 2008
17
✔
CONTRACT/BID or PROPOSAL
Consider approval of awarding Bid/Contract # Q-0108-01 to Tiseo Paving Company, for the construction of the
Coppell Road Project #ST 00-03 (Sandy Lake Road to Cooper Lane), in an amount of $3,057,846.30, as provided for in
CIP funds; and authorizing the City Manager to sign.
Approval of this contract will allow the reconstruction of Coppell Road to begin in early summer 2008.
Staff will be available to answer any questions at the council meeting.
Funds are available from the 2006 Street Bond issue. These bonds were issued for Coppell Road and as a repayment
of funds advanced by Street CIP interest. This repayment was not specifically identified for a project and will be
allocated to Coppell Road.
Staff recommends award of the bid for the Coppell Road project to
Tiseo Paving Company.
#Coppell Rd Bid Award
MEMORANDUM
TO: Mayor and City Council
FROM: Keith R. Marvin, P.E., Project Engineer
DATE: April 8, 2008
REF: Consider approval of awarding Bid/Contract # Q-0108-01 to Tiseo Paving
Company for the construction of the Coppell Road Project #ST 00-03 (Sandy
Lake Road to Cooper Lane) in an amount of $ 3,057,846.30, as provided for in
CIP funds; and authorizing the City Manager to sign.
On March 6, 2008 the City of Coppell received and opened six bids for the reconstruction of
Coppell Road, from Cooper Lane to Sandy Lake Road. The six bids ranged from a low bid of
$2,307,344.30 to a high of $3,322,152.75. The engineer’s estimate for the project was
$2,600,000.
This project is designed to replace the current 24 foot wide asphalt street with a 34 foot wide
concrete street with improved drainage, utilities, and a new sidewalk on both sides of the road.
Due to the confined nature of the project and the considerable grade changes, it was determined
that the safest option was to limit traffic to one-way only for the duration of the project. After
reviewing traffic patterns and consulting with the Fire Department we determined the best option
would be to allow traffic in the northbound direction from just south of Cooper Lane to Sandy
Lake Road. We recently mailed out approximately 1600 letters with the attached exhibit showing
alternate routes to Wilson Elementary, and ways around the project for those impacted by this
closure. We will be hosting a public meeting at Wilson on April 15, 2008 to discuss the project
with area residents.
In an effort to minimize the duration of this project we have provided for a substantial incentive
for early completion. It was our opinion that this project would take between 12 to 18 months to
complete. Our opinion was that a contractor with enough incentive would come in and really
think about the approach to the project and find a way to expedite the project. As such we have
set the contract time on this project at 365 calendar days. We are providing a $1,000 per day
incentive for early completion. We have also provided for an incentive of $200,000 for
completion by the end of the 2008 calendar year.
The day after the bid opening we contacted Texas United Excavators, the low bidder, to begin
the process of evaluating their bid and reviewing their qualifications. Three days later we
received a letter stating that they had made errors in their bid and that they would like to revise
their bid. The provisions of our bid documents do not allow for changes after the time of bid
opening. We then met with Texas United to discuss the problems with their bid, and their overall
qualifications to complete the project. Part of the problem with the bid was that they had never
bid a job of this magnitude as a prime contractor. This firm is in the process of making the
transition from a utility subcontractor to a prime contractor. Based on their qualifications and the
outcome of this meeting, we deemed Texas United Excavators to be a non-responsive bidder on
this project. As a non-responsive bidder, their bid has been thrown out and cannot be considered
for award.
The next Low bidder was Tiseo Paving with a bid of $2,857,846.30. Tiseo is a firm that is very
familiar to us. They have been the successful bidder on our last three major roadway projects.
Tiseo is a good paving contractor, and we have been pleased with the final product on the
projects they have completed for us to date. We met with their representatives on March 25,
2008 to discuss how they would approach the project. We had specific questions about how they
would maintain access to Wilson Elementary and the adjacent homes and subdivisions. We also
discussed how they would schedule the project and who their subcontractors would be. They
were able to answer all of our questions and appeared to have thought out their approach to the
project. They expressed a desire to try and earn at least some of the incentive offered for early
completion.
Upon approval of this contract, Tiseo Paving will begin the process of acquiring the materials for
the job and scheduling subcontractors. We have told them that when the contracts are finalized
they would be able to begin some on-site work activities, but that they will not be able to close
the road to southbound traffic until June 9, 2008. This is the Monday after school lets out for the
summer break. The project time begins counting on that day and runs through June 8, 2009.
Staff recommends the award of the Coppell Road project from Cooper Lane to Sandy Lake Road
to Tiseo Paving Company in the amount of $3,057,846.30, with 365 calendar days. This award
amount includes the $200,000 incentive that is included in the contract. Only that portion of the
incentive amount that the contractor actually earns would be paid out at the end of the project.
Staff will be available to answer any questions at the council meeting.
Huitt-ZollarsCONSULTING ENGINEERSENGINEER'S ESTIMATE: $BID DATE: March 6,2008BID TIME: 2:00 P.M.ITEM NO.DESCRIPTION OF ITEMS QUANTITY UNIT UNIT COST TOTALUNIT COST TOTALUNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL1Mobilization1LS$60,000.00 $60,000.00$115,000.00 $115,000.00$253,097.00 $253,097.00 $150,000.00 $150,000.00 $150,000.00 $150,000.00 $150,000.00 $150,000.002Traffic Control1LS$40,000.00 $40,000.00$39,500.00 $39,500.00$58,146.00 $58,146.00 $78,000.00 $78,000.00 $49,000.00 $49,000.00 $150,000.00 $150,000.003Preparing Right-of-Way1LS$20,000.00 $20,000.00$155,500.00 $155,500.00$22,764.00 $22,764.00 $93,000.00 $93,000.00 $30,000.00 $30,000.00 $110,000.00 $110,000.004Unclassified Street Excavation18,169CY$4.50 $81,760.50$6.40 $116,281.60$9.87 $179,328.00 $11.94 $216,937.86 $11.00 $199,859.00 $6.75 $122,640.755Sawcut, Remove & Dispose of Existing Concrete Paving3,610SY$6.00 $21,660.00$5.55 $20,035.50$9.50 $34,295.00 $4.94 $17,833.40 $18.00 $64,980.00 $5.75 $20,757.506Sawcut, Remove & Dispose of Existing HMAC Paving10,700SY$2.40 $25,680.00$3.40 $36,380.00$3.61 $38,627.00 $4.04 $43,228.00 $4.00 $42,800.00 $5.75 $61,525.007Remove and Dispose of Concrete Sidewalk9,274SF$1.15 $10,665.10$0.55 $5,100.70$0.64 $5,935.36 $0.48 $4,451.52 $1.00 $9,274.00 $0.75 $6,955.508Remove Existing Brick Pavers & Replace with Stamped Concrete1,597SF$15.00 $23,955.00$11.50 $18,365.50$16.73 $26,717.81 $12.56 $20,058.32 $16.00 $25,552.00 $13.00 $20,761.0094" Thick Reinforced Concrete Sidewalk18,068SF$2.85 $51,493.80$3.90 $70,465.20$4.30 $77,692.40 $3.63 $65,586.84 $3.50 $63,238.00 $4.25 $76,789.00106" Thick Reinforced Concrete Sidewalk24,336SF$2.85 $69,357.60$4.50 $109,512.00$4.11 $100,020.96 $3.92 $95,397.12 $4.25 $103,428.00 $3.75 $91,260.00116"Reinforced Concrete Drive1,065SY$32.00 $34,080.00$46.75 $49,788.75$46.69 $49,724.85 $42.36 $45,113.40 $45.00 $47,925.00 $36.00 $38,340.00128" Reinforced Concrete Pavement with 6" Monolithic Curb15,933SY$31.50 $501,889.50$36.30 $578,367.90$38.30 $610,233.90 $39.54 $629,990.22 $37.00 $589,521.00 $40.50 $645,286.50136" Reinforced Concrete Alley Pavement77SY$50.00 $3,850.00$75.00 $5,775.00$45.30 $3,488.10 $48.89 $3,746.53 $60.00 $4,620.00 $44.50 $3,426.50146" HMAC Pavement for Streets & Driveways836SY$31.50 $26,334.00$32.00 $26,752.00$39.12 $32,704.32 $34.21 $28,599.56 $30.00 $25,080.00 $27.00 $22,572.0015Temporary HMAC Pavement7,000SY$7.80 $54,600.00$16.00 $112,000.00$12.75 $89,250.00 $30.60 $214,200.00 $27.00 $189,000.00 $25.00 $175,000.0016Lime Stabilized Sub-Grade18,667SY$2.20 $41,067.40$1.75 $32,667.25$2.76 $51,520.92 $2.20 $41,067.40 $3.50 $65,334.50 $3.25 $60,667.7517Hydrated Lime (42 #/SY)392TON$107.00 $41,944.00$110.00 $43,120.00$123.60 $48,451.20 $125.00 $49,000.00 $110.00 $43,120.00 $125.25 $49,098.0018Flexible Crushed Stone Base Driveway95SY$15.00 $1,425.00$30.00 $2,850.00$63.44 $6,026.80 $11.28 $1,071.60 $15.00 $1,425.00 $44.00 $4,180.0019Restore Parkway and Disturbed Areas1LS$30,925.00 $30,925.00$50,500.00 $50,500.00$72,738.70 $72,738.70 $57,100.00 $57,100.00 $30,000.00 $30,000.00 $140,000.00 $140,000.0020Barrier Free Ramps51EA$650.00 $33,150.00$1,300.00 $66,300.00$600.00 $30,600.00 $805.00 $41,055.00 $700.00 $35,700.00 $1,275.00 $65,025.0021Sidewalk Retaining Wall1,635SFVW$22.50 $36,787.50$31.50 $51,502.50$23.10 $37,768.50 $25.10 $41,038.50 $25.00 $40,875.00 $32.75 $53,546.25224" Round Reflective and Non-Reflective Buttons822EA$16.00 $13,152.00$5.25 $4,315.50$7.70 $6,329.40 $6.00 $4,932.00 $7.00 $5,754.00 $5.75 $4,726.5023Reflective Pavement Striped506LF$3.65 $1,846.90$7.50 $3,795.00$3.72 $1,882.32 $8.50 $4,301.00 $10.00 $5,060.00 $7.75 $3,921.5024Reflective Pavement Markings4EA$110.00 $440.00$105.00 $420.00$104.50 $418.00 $120.00 $480.00 $250.00 $1,000.00 $110.00 $4,400.0025Road Sign Supports and Assemblies (Relocation)39EA$215.00 $8,385.00$367.50 $14,332.50$690.18 $26,917.02 $775.00 $30,225.00 $700.00 $27,300.00 $725.00 $28,275.0026Remove and Relocate Existing Street Light Assembly4EA$5,650.00 $22,600.00$3,500.00 $14,000.00$9,955.00 $39,820.00 $4,000.00 $16,000.00 $3,800.00 $15,200.00 $3,800.00 $15,200.0027Irrigation Modifications1LS$3,745.00 $3,745.00$12,600.00 $12,600.00$18,700.00 $18,700.00 $15,000.00 $15,000.00 $11,000.00 $11,000.00 $20,000.00 $20,000.0028Remove Existing Pipe1,720LF$13.00 $22,360.00$5.25 $9,030.00$15.45 $26,574.00 $8.12 $13,966.40 $11.00 $18,920.00 $5.75 $9,890.0029Remove Existing Inlet4EA$925.00 $3,700.00$525.00 $2,100.00$890.95 $3,563.80 $550.00 $2,200.00 $500.00 $2,000.00 $551.50 $2,206.0030Remove Existing Headwall6EA$925.00 $5,550.00$525.00 $3,150.00$1,236.00 $7,416.00 $850.00 $5,100.00 $1,000.00 $6,000.00 $551.50 $3,309.003124" HDPE1,163LF$37.45 $43,554.35$52.50 $61,057.50$49.12 $57,126.56 $47.70 $55,475.10 $70.00 $81,410.00 $56.00 $65,128.003221" Class III RCP958LF$37.45 $35,877.10$57.75 $55,324.50$50.47 $48,350.26 $59.00 $56,522.00 $90.00 $86,220.00 $61.00 $58,348.003324" Class III RCP476LF$41.00 $19,516.00$63.00 $29,988.00$55.62 $26,475.12 $66.50 $31,654.00 $85.00 $40,460.00 $66.00 $31,416.003427" Class III RCP79LF$47.00 $3,713.00$68.25 $5,391.75$66.95 $5,289.05 $77.60 $6,130.00 $75.00 $5,925.00 $72.00 $5,688.003530" Class III RCP237LF$52.50 $12,442.50$73.50 $17,419.50$71.07 $16,843.59 $74.80 $17,727.60 $95.00 $22,515.00 $77.00 $18,249.003636" Class III RCP594LF$68.50 $40,689.00$84.00 $49,896.00$86.52 $51,392.88 $144.00 $85,536.00 $140.00 $83,160.00 $88.00 $52,272.003739" Class III RCP134LF$83.50 $11,189.00$94.50 $12,663.00$104.03 $13,940.02 $115.50 $15,477.00 $130.00 $17,420.00 $100.00 $13,400.003842" Class III RCP453LF$90.00 $40,770.00$99.75 $45,186.75$107.12 $48,525.36 $100.00 $45,300.00 $140.00 $63,420.00 $105.00 $47,565.003948" Class III RCP910LF$107.00 $97,370.00$110.25 $100,327.50$134.93 $122,786.30 $137.30 $124,943.00 $170.00 $154,700.00 $116.00 $105,560.004054" Class III RCP310LF$145.00 $44,950.00$141.75 $43,942.50$162.74 $50,449.40 $167.70 $51,987.00 $200.00 $62,000.00 $149.00 $46,190.004166" Class III RCP46LF$202.00 $9,292.00$194.25 $8,935.50$260.59 $11,987.14 $229.70 $10,566.20 $300.00 $13,800.00 $204.00 $9,384.004272" Class III RCP332LF$230.00 $76,360.00$220.50 $73,206.00$254.41 $84,464.12 $283.55 $94,138.60 $320.00 $106,240.00 $232.00 $77,024.00436' Curb Inlet4EA$2,100.00 $8,400.00$2,100.00 $8,400.00$1,578.99 $6,315.96 $2,200.00 $8,800.00 $2,900.00 $11,600.00 $2,225.00 $8,900.004420' Curb inlet1EA$4,150.00 $4,150.00$3,675.00 $3,675.00$5,407.50 $5,407.50 $4,400.00 $4,400.00 $6,600.00 $6,600.00 $3,875.00 $3,875.004510' Recessed Curb Inlet18EA$2,530.00 $45,540.00$2,415.00 $43,470.00$2,214.50 $39,861.00 $2,600.00 $46,800.00 $3,400.00 $61,200.00 $2,550.00 $45,900.00Bid Tabulation ReportClient: City of CoppellDescription: Coppell Road ST 00-03McMahon Contracting LP Jackson Construction, Ltd Austin Bridge & Road, LPBIDDERSTexas United Exacavators, LLCTiseo PavingJRJ Paving LP
Huitt-ZollarsCONSULTING ENGINEERSENGINEER'S ESTIMATE: $BID DATE: March 6,2008BID TIME: 2:00 P.M.ITEM NO.DESCRIPTION OF ITEMS QUANTITY UNIT UNIT COST TOTALUNIT COST TOTALUNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTALBid Tabulation ReportClient: City of CoppellDescription: Coppell Road ST 00-03McMahon Contracting LP Jackson Construction, Ltd Austin Bridge & Road, LPBIDDERSTexas United Exacavators, LLCTiseo PavingJRJ Paving LP463' x 3' Drop Inlet5 $2,100.00 $10,500.00$2,100.00 $10,500.00$1,699.50 $8,497.50 $2,200.00 $11,000.00 $2,200.00 $11,000.00 $2,250.00 $11,250.00474' x 4' Drop Inlet1 $2,850.00 $2,850.00$2,625.00 $2,625.00$2,163.00 $2,163.00 $3,000.00 $3,000.00 $2,800.00 $2,800.00 $2,775.00 $2,775.00483 Grate Inlet1 $2,950.00 $2,950.00$2,625.00 $2,625.00$1,493.50 $1,493.50 $3,100.00 $3,100.00 $6,000.00 $6,000.00 $2,775.00 $2,775.00494 Grate Inlet1 $3,285.00 $3,285.00$3,150.00 $3,150.00$2,034.25 $2,034.25 $3,500.00 $3,500.00 $8,000.00 $8,000.00 $3,325.00 $3,325.0050Combination 3 Grate Inlet4 $4,085.00 $16,340.00$3,360.00 $13,440.00$3,759.50 $15,038.00 $4,300.00 $17,200.00 $8,500.00 $34,000.00 $3,550.00 $14,200.0051Storm Drain Manhole 4' Square1 $3,000.00 $3,000.00$3,465.00 $3,465.00$2,575.00 $2,575.00 $3,200.00 $3,200.00 $3,500.00 $3,500.00 $3,650.00 $3,650.0052Storm Drain Manhole 5' Square1 $3,450.00 $3,450.00$4,200.00 $4,200.00$3,759.50 $3,759.50 $3,800.00 $3,800.00 $3,600.00 $3,600.00 $4,450.00 $4,450.0053Reinforced Concrete Headwall Type B1 $4,625.00 $4,625.00$4,200.00 $4,200.00$4,789.50 $4,789.50 $4,900.00 $4,900.00 $4,200.00 $4,200.00 $4,450.00 $4,450.0054Ft. Stone Riprap, Grouted, Type A81 $117.00 $9,477.00$73.50 $5,953.50$104.03 $8,426.43 $90.00 $7,290.00 $90.00 $7,290.00 $77.00 $6,237.0055Trench Safety System5,713 $1.10 $6,284.30$1.05 $5,998.65$1.03 $5,884.39 $1.20 $6,895.60 $1.00 $5,713.00 $2.00 $11,426.0056Erosion Control1 $9,000.00 $9,000.00$14,100.00 $14,100.00$23,881.00 $23,881.00 $18,000.00 $18,000.00 $17,000.00 $17,000.00 $18,500.00 $18,500.00576" PVC DR 14 CL 200 Water Pipe90 $20.25 $1,822.50$31.50 $2,835.00$33.99 $3,059.10 $103.92 $9,352.80 $50.00 $4,500.00 $33.00 $2,970.00588" PVC DR 14 CL 200 Water Pipe220 $27.75 $6,105.00$42.00 $9,240.00$47.38 $10,423.60 $74.09 $16,299.80 $65.00 $14,300.00 $44.00 $9,680.005912" PVC DR 14 CL 200 Water Pipe3,750 $45.00 $168,750.00$57.75 $216,562.50$53.56 $200,850.00 $48.08 $180,300.00 $35.00 $131,250.00 $61.00 $228,750.00606" PVC DR 12 CL 200 Water Pipe by Other Than Open Cut42 $210.00 $8,820.00$189.00 $7,938.00$169.95 $7,137.90 $164.00 $6,888.00 $130.00 $5,460.00 $199.00 $8,358.00618" PVC DR 12 CL 200 Water Pipe by Other Than Open Cut333 $230.00 $76,590.00$220.50 $73,426.50$169.95 $56,593.35 $171.00 $56,943.00 $120.00 $39,960.00 $232.00 $77,256.006212" PVC DR 12 CL 200 Water Pipe by Other Than Open Cut69 $310.00 $21,390.00$241.50 $16,663.50$185.40 $12,792.60 $188.00 $12,972.00 $200.00 $13,800.00 $254.00 $17,526.00636" Gate Valve Box8 $660.00 $5,280.00$840.00 $6,720.00$695.25 $5,562.00 $950.00 $7,600.00 $550.00 $4,400.00 $882.00 $7,056.00648" Gate Valve Box15 $880.00 $13,200.00$1,050.00 $15,750.00$893.01 $13,395.15 $1,200.00 $18,000.00 $800.00 $12,000.00 $1,103.00 $16,545.006512" Gate Valve Box17 $1,500.00 $25,500.00$1,890.00 $32,130.00$1,571.78 $26,720.26 $1,900.00 $32,300.00 $1,500.00 $25,500.00 $2,000.00 $34,000.0066Connection to Existing Water Line19 $2,000.00 $38,000.00$252.00 $9,975.00$2,214.50 $42,075.50 $850.00 $16,150.00 $3,000.00 $57,000.00 $552.00 $10,488.0067Domestic Water Service Line and Meter Relocation1 $1,600.00 $1,600.00$2,100.00 $2,100.00$1,699.50 $1,699.50 $1,250.00 $1,250.00 $1,600.00 $1,600.00 $2,225.00 $2,225.0068Domestic Water Service Line by Other Than Open Cut and Meter Relocation15 $2,300.00 $34,500.00$1,050.00 $15,750.00$2,317.50 $34,762.50 $1,535.00 $23,025.00 $1,500.00 $22,500.00 $1,125.00 $16,875.0069Fire Hydrant Assembly5 $3,000.00 $15,000.00$2,100.00 $10,500.00$2,317.50 $11,587.50 $2,300.00 $11,500.00 $1,800.00 $9,000.00 $2,250.00 $11,250.0070Trench Safety 4,528 $1.10 $4,980.80$1.05 $4,754.40$1.03 $4,663.84 $1.20 $5,433.60 $1.00 $4,528.00 $2.00 $9,056.00718" PVC Sanitary Sewer Pipe, SDR 3567 $26.75 $1,792.25$36.75 $2,462.25$36.05 $2,415.35 $59.20 $3,966.40 $34.00 $2,278.00 $39.00 $2,613.007210" PVC Sanitary Sewer Pipe. SDR 35425 $31.00 $13,175.00$42.00 $17,850.00$32.96 $14,008.00 $32.81 $13,944.25 $35.00 $14,875.00 $44.00 $18,700.00734' Diameter Sanitary Sewer Manhole1 $3,000.00 $3,000.00$2,625.00 $2,625.00$2,008.50 $2,008.50 $2,200.00 $2,200.00 $1,500.00 $1,500.00 $2,775.00 $2,775.0074Wastewater Access Device2 $1,760.00 $3,520.00$2,100.00 $4,200.00$1,390.50 $2,781.00 $830.00 $1,660.00 $1,900.00 $3,800.00 $2,775.00 $5,550.0075Sanitary Sewer Service4 $450.00 $1,800.00$1,050.00 $4,200.00$463.50 $1,854.00 $902.52 $3,610.08 $800.00 $3,200.00 $1,125.00 $4,500.0076Adjust Sanitary Sewer Manhole4 $800.00 $3,200.00$525.00 $2,100.00$257.50 $1,030.00 $450.00 $1,800.00 $500.00 $2,000.00 $575.00 $2,300.0077Trench Safety492 $1.10 $541.20$1.05 $516.60$1.03 $506.76 $1.20 $590.40 $1.00 $492.00 $2.00 $984.0078Project Sign2 $400.00 $800.00$450.00 $900.00$750.00 $1,500.00 $550.00 $1,100.00 $400.00 $800.00 $500.00 $1,000.00SUBTOTAL 1 THRU 78$2,307,344.30$2,857,846.30$3,085,934.10 $3,192,907.10 $3,197,481.50 $3,322,152.75Maximum Bonus for Early Completion$200,000.00$200,000.00$200,000.00 $200,000.00 $200,000.00 $200,000.00Total Award$2,507,344.30$3,057,846.30NUMBER OF CALENDAR DAYS365365365 365 365 365
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City of Coppell Project ST00-03
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AREA OF PROPOSED
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ALTERNATE ROUTE
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
Date: January 28, 2003
RE: Consider approval of a Resolution to designate Coppell Road from Sandy
Lake Road south to Cooper Lane as a one way street during construction.
For several years now the City of Coppell has been discussing with a consultant the design of
Coppell Road from Sandy Lake Road south to Cooper Lane. The voters approved this project in
1999. The work will consist of the replacement of a two-lane asphalt roadway with a two-lane
minimum 33-foot wide concrete street, improved drainage system, sidewalk on one side and a
portion of the Trail System on the other side.
While it may appear that it has taken a prolonged time to proceed with a design contract, in
actuality we have been moving slowly as we consider options on construction. Before we can
finalize the scope of services with a consulting engineer, we need to have a clear concept on how
the roadway will be constructed. This in turn allows the consulting engineer the information
needed to structure their scope of services and fee.
For this particular project, the item that we have discussed numerous times is the ability to
maintain two-way traffic on Coppell Road during construction. If two-way traffic is
maintained, then on the front-end the consultant needs to design temporary roadways taking into
account existing drainage ditches and existing ground elevations. We initially instructed the
consultant to move ahead with a design that would include all necessary temporary paving and
drainage to accommodate two-way traffic during construction. Even under that scenario, there
would still be limited paving width for two-way traffic. Taking that direction from the City, the
consultant prepared a preliminary cost estimate and requested an opportunity to speak again with
the City. In analyzing the necessary components to maintain two-way traffic, it became obvious
that there was a substantial amount of “throw away” dollars associated with maintaining two-
way traffic. In particular, because of the deep borrow ditches on both sides of a narrow roadway,
you would need to install temporary drainage systems in one of the borrow ditches, do the
necessary grading and then provide an asphalt surface for traffic to travel on. Once that was in
place, you could remove a portion of the existing paving, put in permanent drainage and then
construct an adequate width of the new paving to allow for two-way traffic. Traffic would then
be transferred onto the new paving. The temporary paving and temporary drainage components
would be removed and the remainder of the roadway built. With any construction there are some
components associated with temporary paving, however, they are typically limited in scope.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
On this particular project, given the characteristics of the existing narrow paving and deep
borrow ditches, there is approximately $400,000 associated with temporary components. This is
comprised of temporary traffic barriers, paving and drainage. There would also be an increase in
design fees.
The financial breakdown of each of those is:
temporary traffic barrier ± $20,000;
temporary paving ± $110,000;
temporary drainage ± $250,000;
additional design fee ± $30,000.
For this particular project, attempting to maintain two-way traffic increases the construction cost
approximately 25%. There are drawbacks to having one-way traffic for a long section of
roadway. In this location you have four subdivisions on the west side of the roadway whose
only access is to Coppell Road. On the east side of the roadway you have Wilson Elementary
School, one subdivision and several houses that front onto Coppell Road whose only access is
off of Coppell Road. Going to one-way traffic during construction would create a hardship on
not only the adjacent residence but also citizens that utilize Coppell Road on a daily basis. A
particular concern is access to and from the school. A one-way street would require buses and
citizens dropping children off at Wilson Elementary to drive out of their way either dropping off
or picking up the children depending on the direction of the one-way traffic.
While cost savings is a consideration in making this determination, safety is also a concern.
Attempting to maintain two-way traffic would push the temporary paving very close to the limits
of the right-of-way. This in turn would compete for space which is currently being utilized in
some places by children walking to Wilson Elementary from the adjacent subdivisions. Also,
maintaining two-way traffic creates less working area for the construction of the roadway.
In the past we have modified traffic patterns on several roadways during construction. Most
notably, Bethel School was closed during the construction of culverts for Stream G6, north
Coppell Road was designated one-way for a portion of that construction and Ruby Road was
closed. During the construction of north Coppell Road there was some problem with citizens
driving the wrong way on the one-way section. That could also be a problem on this section of
Coppell Road if it is designated one-way during construction. Construction of this project could
take upward of a year and the one-way would be in place for the majority of that construction.
No determination has been made at this time on what would be the optimum direction to be one-
way.
Staff will be available to answer any questions at the Council meeting.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Manager
April 8, 2008
18
✔
CONTRACT/BID or PROPOSAL
Consider approval to award Bid Q-0208-01 Rolling Oaks Memorial Center Cemetery to The Fain Group in the amount
not to exceed $2,945,000.00 per budgeted in CIP funds. Including agreement with Stewart Enterprises for construction
allocation schedule costs in the minimum amount of $261,533.00 and requiring City Manager to sign.
Approval of this contract is for the construction for the Rolling Oaks Memorial Center Cemetery.
Staff will be available to answer any questions at council meeting.
Funds are available in the Cemetery CIP account for this project.
Staff recommends award of Cemetery Bid to The Fain Group
!Memorial Cemetery- 1AR
BID Q-0208-01 ROLLING OAKS MEMORIAL CENTER CEMETERY DEVELOPMENT
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019
CITY OF COPPELL, TEXAS
STANDARD FIXED PRICE AGREEMENT
FOR THE CONSTRUCTION OF
ROLLING OAKS MEMORIAL CENTER CEMETERY DEVELOPMENT
BID Q-0208-01 ROLLING OAKS MEMORIAL CENTER CEMETERY DEVELOPMENT
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 2
City of Coppell, Texas
This Agreement is made by and between the City of Coppell, Texas, a home-rule municipality
(hereinafter referred to as the "Owner") and ____THE FAIN GROUP_______, (hereinafter referred to as the
"Contractor") for construction of __ROLLING OAKS MEMORIAL CENTER CEMETERY DEVELOPMENT___,
(hereinafter referred to as the "Project"), the Owner and the Contractor hereby agreeing as follows:
ARTICLE I
THE CONTRACT AND THE CONTRACT
DOCUMENTS
1.1 THE CONTRACT
1.1.1 The Contract between the Owner 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 Invitation to Bid, Requirements and
Instructions to Bidders, 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 Owner 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 Owner 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 Owner 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.
BID Q-0208-01 ROLLING OAKS MEMORIAL CENTER CEMETERY DEVELOPMENT
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 3
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 Owner 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 Owner 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 Owner 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
OWNER 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 Owner 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 Owner. 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 Owner'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:
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
BID Q-0208-01 ROLLING OAKS MEMORIAL CENTER CEMETERY DEVELOPMENT
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 4
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 310_ 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
“calendar days” shall mean any and all days of the
week or month, no days being excepted. "Hours
worked before 8:00 a.m. after 5:00 p.m., all weekends
and holidays are subject to overtime. Overtime request
must be made in writing and approved by the City of
Coppell. Seventy-two hours notice required. All
overtime incurred by the City for inspection services
shall be paid by the Contractor. If not paid, such cost
may be deducted from partial payments." 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 Owner the
sum of $__300__ 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 Owner, estimated at or before the
time of executing this Contract. When the Owner
reasonably believes that Substantial Completion will
be inexcusably delayed, the Owner shall be entitled,
but not required, to withhold from any amounts
otherwise due the Contractor an amount then
believed by the Owner 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 Owner has withheld payment,
the Owner 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 Owner shall pay to
the Contractor the sum of $__300_ 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 Owner, and no damages, costs or
extra compensation shall be allowed or paid by the
Owner 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 Owner, or should the Owner
order a stoppage of the Work for sufficient cause, an
extension of time shall be granted by the Owner by
written authorization upon written application, which
extension shall not be unreasonably denied, to
compensate for the delay.
3.1.5 The Owner 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
Owner or Owner’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 Owner can enjoy beneficial use or
occupancy of the Work and can utilize the Work for
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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 Owner shall pay, and the
Contractor shall accept, as full and complete payment
for all of the Work required herein, the fixed sum of
$__2,945,000.00____.
The sum set forth in this Paragraph 4.1 shall
constitute the Contract Price which shall not be
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 Owner 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 Owner
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 Owner.
5.2 PAYMENT PROCEDURE
5.2.1 The Owner 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 Owner by the Architect,
the Owner 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 Owner 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 Owner. 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 Owner the amount properly owing to the
Contractor. The Owner 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 Owner or which the Owner 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 Owner from the exercise of any of its
rights as set forth in Paragraph 5.3 hereinbelow.
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5.2.4 The Contractor warrants that title to all
Work covered by an Application for Payment will
pass to the Owner 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 Owner 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 Owner becomes informed that the
Contractor has not paid a Subcontractor as herein
provided, the Owner 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 Owner, 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 Owner to repeat the
procedure in the future.
5.2.6 No progress payment, nor any use or
occupancy of the Project by the owner, 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 Owner 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
Owner from loss because of:
(a) defective Work not remedied by the
Contractor nor, in the opinion of the
Owner, likely to be remedied by the
Contractor;
(b) claims of third parties against the
Owner or the Owner's 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 Owner or a third party to
whom the Owner is, or may be, liable.
In the event that the Owner makes
written demand upon the Contractor for amounts
previously paid by the Owner as contemplated in this
Subparagraph 5.3.1, the Contractor shall promptly
comply with such demand. The Owner 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 Owner, the Owner, 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 Owner 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 Owner 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 Owner 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
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Owner 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 Owner and the Contractor of
the Certificate of Substantial Completion, the Owner
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 Owner 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 Owner 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
certifying to the Owner 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
Owner 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 Owner the sum set forth
hereinabove 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 Owner, estimated at or before the
time of executing this Contract. When the Owner
reasonably believes that final completion will be
inexcusably delayed, the Owner shall be entitled, but
not required, to withhold from any amounts
otherwise due the Contractor an amount then
believed by the Owner 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 Owner has withheld payment, the Owner
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 Owner, or the
Owner's 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 Owner; 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
Owner, the Contractor shall furnish a bond
satisfactory to the Owner to discharge any such lien
or indemnify the Owner from liability.
5.6.3 The Owner 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 Owner by
the Contractor except for those claims previously
made in writing against the Owner 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 Owner, whether the
amount on which the interest may accrue is timely,
late, wrongfully withheld, or an assessment of
damages of any kind.
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ARTICLE VI
THE OWNER
6.1 INFORMATION, SERVICES AND THINGS
REQUIRED FROM OWNER
6.1.1 The Owner 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 Owner 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 Owner 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 Owner 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.
6.1.3 The Owner 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 Owner 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 Owner orders that
Work be resumed. In such event, the Contractor shall
immediately obey such order.
6.3 OWNER'S RIGHT TO PERFORM WORK
6.3.1 If the Contractor's Work is stopped by
the Owner under Paragraph 6.2, and the Contractor
fails within seven (7) days of such stoppage to
provide adequate assurance to the Owner that the
cause of such stoppage will be eliminated or
corrected, then the Owner may, without prejudice to
any other rights or remedies the Owner 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
Owner, the Contractor shall pay the difference to the
Owner.
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 ROLLING OAKS MEMORIAL CENTER
CEMETERY DEVELOPMENT s 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 Owner 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.
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7.4 WARRANTY
7.4.1 The Contractor warrants to the Owner
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 Owner or the Architect.
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 Owner 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 Owner
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 Owner 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 owner 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 Owner and Architect the
approved Shop Drawings, Product Data, ROLLING
OAKS MEMORIAL CENTER CEMETERY
DEVELOPMENT s and other similar required
submittals. Upon final completion of the Work, all of
these record documents shall be delivered to the
Owner.
7.9 SHOP DRAWINGS, PRODUCT
DATA AND ROLLING OAKS MEMORIAL
CENTER CEMETERY DEVELOPMENT S
7.9.1 Shop Drawings, Product Data,
ROLLING OAKS MEMORIAL CENTER
CEMETERY DEVELOPMENT s 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 ROLLING
OAKS MEMORIAL CENTER CEMETERY
DEVELOPMENT s 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.
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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 Owner 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 Owner 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 Owner 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. All
overtime incurred by the City for inspection services
shall be paid by the Contractor. If not paid, such cost
may be deducted from partial payments."
7.12 INDEMNITY AND DISCLAIMER
7.12.1 OWNER 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 OWNER, WITHOUT,
HOWEVER, WAIVING ANY GOVERN-MENTAL
IMMUNITY AVAILABLE TO THE OWNER
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 OWNER FROM
THE CONSEQUENCES OF THE
CONTRACTOR’S AS WELL AS THE OWNER'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 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.
7.12.2 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 Owner 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'
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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 City of Coppell has
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. Upon request by
the Owner, 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 Owner 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 Owner 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
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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 Owner, said person to be designated
or redesignated by the Owner prior to or at any time
during the Work hereunder. The Architect may be an
employee of the Owner or may be retained by the
Owner 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 Owner and
Architect. All of the Owner’s instructions to the
Contractor shall be through the Architect.
In the event the Owner should find it necessary or
convenient to replace the Architect, the Owner shall
retain a replacement Architect and the status of the
replacement Architect shall be that of the former
Architect.
8.2 ARCHITECT'S ADMINISTRATION
8.2.1 The Architect, unless otherwise directed
by the Owner 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 Owner's representative from the effective
date of this Contract until final payment has been
made.
8.2.2 The Owner 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 Owner 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 ROLLING OAKS
MEMORIAL CENTER CEMETERY
DEVELOPMENT s. 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 Owner for the Owner'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
Owner 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)
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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
Owner 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
Owner’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
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 Owner having any
liability to the Contractor for concealed or unknown
conditions, the Contractor must give the Owner 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 Owner 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 Owner for compensation in
excess of the Contract Price, any liability of the
Owner 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
Owner shall not be liable to the Contractor for claims
of third parties, including Subcontractors. The Owner
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 Owner.
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 Owner or someone
acting in the Owner'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 Owner 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
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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
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 Owner.
9.2 AWARD OF SUBCONTRACTS
9.2.1 Upon execution of the Contract, the
Contractor shall furnish the Owner, in writing, the
names of persons or entities proposed by the
Contractor to act as a Subcontractor on the Project.
The Owner shall promptly reply to the Contractor, in
writing, stating any objections the Owner may have
to such proposed Subcontractor. The Contractor
shall not enter into a subcontract with a proposed
Subcontractor with reference to whom the Owner 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 Owner
against the Contractor herein, including those rights
afforded to the Owner 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 Owner.
9.2.3 The Contractor shall indemnify, defend
and hold harmless the Owner from and against any
and all claims, demands, causes of action, damage,
and liability asserted or made against the Owner 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 Owner and
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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 Owner
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 Owner and
the Contractor, then, as provided in Subparagraph
10.3.2 below.
10.3.2 If no mutual agreement occurs between
the Owner 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 Owner or
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 Owner,
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 Owner 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
owner 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 Owner 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 Owner 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.
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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
Owner, 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 Owner,
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 Owner. 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 Owner for the Architect's services and
expenses made necessary thereby.
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 Owner. This obligation
shall survive final payment by the Owner 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 OWNER MAY ACCEPT DEFECTIVE
OR NONCONFORMING WORK
11.3.1 If the Owner chooses to accept
defective or nonconforming Work, the Owner 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 Owner for its acceptance of defective
or nonconforming Work, the Contractor shall, upon
written demand from the Owner, pay the Owner 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 Owner and the Architect,
terminate performance under this Contract and
recover from the Owner 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 Owner 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 Owner. In such event,
the Contractor shall be entitled to recover from the
Owner as though the Owner had terminated the
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Contractor's performance under this Contract for
convenience pursuant to Subparagraph 12.2.1
hereunder.
12.2 TERMINATION BY THE OWNER
12.2.1 FOR CONVENIENCE
12.2.1.1 The Owner may for any reason
whatsoever terminate performance under this
Contract by the Contractor for convenience. The
Owner 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 Owner may direct the Contractor to
assign the Contractor's right, title and interest under
terminated orders or subcontracts to the Owner or its
designee.
12.2.1.3 The Contractor shall transfer title and
deliver to the Owner 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 Owner and
the Architect specifying the amounts
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 Owner shall pay the
Contractor, an amount derived in
accordance with subparagraph (c)
below.
(b) The Owner 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 Owner 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 Owner, fails to grant or allow access to
the jobsite by the Owner 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 Owner may by written notice to the
Contractor, without prejudice to any other right or
remedy, terminate the employment of the Contractor
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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
Owner. 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 Owner 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.
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.
Owner’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 Owner's and
Contractor's Protective
Liability Insurance for the
Project.
Automobile Liability $500,000 Combined
single limit per
occurrence.
13.3 ADDITIONAL INSURED
The Owner shall be named as an additional insured
on the Commercial General Liability (Public),
Owner’s 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
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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 City of Coppell,
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.
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 ROLLING OAKS
MEMORIAL CENTER CEMETERY
DEVELOPMENT notice, without any
additional words or changes:
REQUIRED WORKERS' COMPENSATION
COVERAGE
BID Q-0208-01 ROLLING OAKS MEMORIAL CENTER CEMETERY DEVELOPMENT
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 20
"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
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.
BID Q-0208-01 ROLLING OAKS MEMORIAL CENTER CEMETERY DEVELOPMENT
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 21
14.3 SUCCESSORS AND ASSIGNS
14.3.1 The Owner 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 Owner.
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 Owner,
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 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 Owner and
shall be executed by a surety, or sureties, reasonably
suitable to the Owner 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 Owner 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 Owner 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
estop the Owner 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.
BID Q-0208-01 ROLLING OAKS MEMORIAL CENTER CEMETERY DEVELOPMENT
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 22
EXECUTED in single or multiple originals, this _____ day of ______________, 20____.
CITY OF COPPELL CONTRACTOR:
APPROVED:
___________________________________ _________________________________
City Manager (Signature)
_________________________________
(Type/Print Name and Title)
ATTEST: __________________________________
(Street Address)
___________________________________ __________________________________
City Secretary (City/State/Zip)
BID Q-0208-01 ROLLING OAKS MEMORIAL CENTER CEMETERY DEVELOPMENT
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 hereinabove, 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: __________________
BID Q-0208-01 ROLLING OAKS MEMORIAL CENTER CEMETERY DEVELOPMENT
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 ($_____________ ) 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
___________, 2006, which is made a part hereof by reference, for the construction of certain
public improvements that are generally described as follows:
Construction of the :
Rolling Oaks Memorial Center Cemetery Development
Project No. DR ________
Bid No. ___________
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract in
accordance with the plans, specifications and Contract documents during the original term
thereof and any extension thereof which may be granted by the Beneficiary, with or without
notice to the Surety, and during the life of any guaranty or warranty required under this Contract,
and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said Contract that may hereafter
be made, notice of which modifications to the Surety being hereby waived; and, if the Principal
shall repair and/or replace all defects due to faulty materials and workmanship that appear within
a period of one (1) year from the date of final completion and final acceptance of the Work by
Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all
costs and damages which Beneficiary may suffer by reason of failure to so perform herein and
shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may
incur in making good any default of deficiency, then this obligation shall be void; otherwise, it
shall remain in full force and effect.
BID Q-0208-01 ROLLING OAKS MEMORIAL CENTER CEMETERY DEVELOPMENT
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 25
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue
shall lie in Dallas County, Texas.
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 specifications accompanying the same shall in anyway 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 or to the Specifications.
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.
IN WITNESS WHEREOF, this instrument is executed in ___________copies, each one
of which shall be deemed an original, this, the__________ day of ________________., 2006.
PRINCIPAL SURETY
___________________________________
By: __________________________ By:
Title ______________________________ Title:
ATTEST: ATTEST:
The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and
service of the process is:
NAME:
_________________________________________________________________________
ADDRESS
__________________________________________________________________
NOTE: Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a
person's name.
BID Q-0208-01 ROLLING OAKS MEMORIAL CENTER CEMETERY DEVELOPMENT
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
___________, 2006, which is made a part hereof by reference, for the construction of certain
public improvements that are generally described as follows:
Construction of the :
Rolling Oaks Memorial Center Cemetery Development
Project No. DR ________
Bid No. ___________
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.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue
shall lie in Dallas County, Texas.
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.
BID Q-0208-01 ROLLING OAKS MEMORIAL CENTER CEMETERY DEVELOPMENT
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 27
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.
IN WITNESS WHEREOF, this instrument is executed in ___________copies, each one
of which shall be deemed an original, this, the__________ day of ________________., 2006.
PRINCIPAL SURETY
___________________________________
By: __________________________ By:
Title ______________________________ Title:
ATTEST: ATTEST:
The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and
service of the process is:
NAME:
_________________________________________________________________________
ADDRESS
__________________________________________________________________
NOTE: Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a
person's name.
STATE OF TEXAS § AGREEMENT TO SHARE
§ CONSTRUCTION COSTS
COUNTY OF DALLAS §
This Agreement to Share Construction Costs (“Agreement”) is made as of the
_____ day of _________, 2008 between the City of Coppell, Texas, (the “City”), having
its principal office at 255 Parkway Blvd, Coppell, Texas, 75019, and S.E. Funeral Home
of Coppell, Texas, Inc., d/b/a Restland Funeral Home-Coppell Chapel, a Texas
corporation (“Funeral Home”), having its principal office at 1333 South Clearview
Parkway, Jefferson, Louisiana 70121.
WITNESSETH:
WHEREAS, City and Funeral Home have previously entered an agreement of
lease and construction and operation of a cemetery and funeral home to be located in the
City of Coppell, Texas; and
WHEREAS, it is in the best interest of the City and the Funeral Home to work
together on the construction of the premises; and
WHEREAS, it is economically advantageous to both to share the costs and
bidding of the construction of the Funeral Home.
NOW, THEREFORE, the parties who hereto, for themselves and their
respective successors and permitted assigns, hereby covenant and agree as follows:
Section 1. Both parties shall participate in the paying for the construction
according to the bid which is attached and incorporated herein as Exhibit “1”.
Section 2. The services of J. Stuart Todd, Inc. have been secured to perform
architectural and oversight responsibilities of the construction. When the construction is
commenced as described in Exhibit “__”, the architect shall review the invoices and
determine who is responsible for which portion of the construction in accordance with the
preliminary cost allocation for both parties based on the bid. Both parties to this
agreement agree to be bound by the determination made by the architect.
Section 3. Upon receiving the entire invoice, the City shall pay the entire
amount and then forward the invoice with the architect’s determination to the Funeral
Home for their portion.
Section 4. The Funeral Home agrees to pay the amount invoiced by the City
within thirty (30) days from receipt of said invoice. This agreement shall be governed by
and shall be construed and interpreted in accordance with the laws of the State of Texas,
and venue shall be proper in Dallas County, Texas.
Page 1 of 3 26387
Section 5. This agreement may be amended or modified only by written
agreement and executed by both parties.
Section 6. This Agreement shall take effect on the last date of execution
hereof.
EXECUTED on this _____ day of _______, 2008.
City of Coppell, Texas
By: ________________________________
Jim Witt, City Manager
Attest:
By: ________________________________
Libby Ball, City Secretary
Approved as To Form:
By: ______________________________
J. David Dodd, III, City Attorney
EXECUTED this the ____ day of _________, 2008.
S. E. Funeral Home of Coppell, Texas,
Inc.
By: Restland Funeral Home, Coppell
Chapel, a Texas Corporation.
Its General Partner
By: _______________________________
Page 2 of 3 26387
City’s Acknowledgment
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _________,
2008, 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:
__________________________
Company’s Acknowledgment
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the ___ day of _______, 2008,
by ______________, being an Officer of Restland Funeral Home, Coppell Chapel, the
general partner of S. E. Funeral Home of Coppell, Texas, Inc.
____________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
Page 3 of 3 26387
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
April 8, 2008
19
✔
PROCEDURAL
Consider approval of accepting the resignation of Mahesh Guduru from the Library Board and appointing a new
member to fill the unexpired term.
Mahesh Guduru has submitted his letter of resignation from the Board. The new member to fill the unexpired term is
being chosen from the pool of applications received during the last Board and Commission appointment process.
Staff recommends accepting the resignation and appointing a new
member.
%lbresignation
Christel Pettinos - Fwd: RE: Library Board Tour notes
Please process Mahesh's resignation request from the Library Board. He will be missed. Thanks Kathy
>>> Mahesh Guduru <mguduru@hotmail.com> 3/25/2008 10:10 AM >>>
Hi Kathy
I will be commuting from Coppell for a while (8 weeks) and then decide if I need to relocate.
Please forward my message to city secretary's office.
Thank you again
Regards,
Mahesh
Cell: 469-261-1660
Date: Tue, 25 Mar 2008 10:06:10 -0500
From: kedwards@ci.coppell.tx.us
To: mguduru@hotmail.com
Subject: RE: Library Board Tour notes
Thank you for letting me know about your new position. Will you be moving out of the country or
commuting from Coppell?
In the past, I have sent emails to the city secretary's office re: resignations. If you are ok with
that, I will forward your original message on. It is better to get this done before we meet in April
as this will be a resignation, not a missed meeting. We have enjoyed having you on the Board
and if you resign and come back to Coppell, you would be allowed to reapply.
Please let me know how you wish to proceed, regards, Kathy
Kathleen P. Metz Edwards. M.S.
Library Director
William T. Cozby Public Library
177 N. Heartz Road, Coppell, TX 75019
972 304 7030
>>> Mahesh Guduru <mguduru@hotmail.com> 3/24/2008 4:40 PM >>>
Hi Kathy
I took an another job overseas starting April 2008.
I regret to inform you that I cannot serve on the Library Board anymore because of this new job.
I would like to meet you and hand over the resignation letter.
Please let me know the procedure.
From: Kathy Edwards
To: Libby Ball
Date: 3/25/2008 10:15 AM
Subject: Fwd: RE: Library Board Tour notes
CC: Christel Pettinos; Janet Lance
Page 1 of 2
3/31/2008file://C:\Documents and Settings\cpettinos\Local Settings\Temp\XPgrpwise\47E8D0DFCit...
Thanks for all encouragement you have given me. It was a great experience.
Regards,
Mahesh
Cell: 469-261-1660
Date: Mon, 12 Nov 2007 14:00:38 -0600
From: kedwards@ci.coppell.tx.us
To: mguduru@hotmail.com
Subject: RE: Library Board Tour notes
Mahesh, let me know what is your schedule. Do you have any days where you are
free before work? After work? I can adjust my schedule to meet yours. Since it is
just you and I, it should not take more than 60 minutes unless you have a lot of
questions. Kathy
>>> "mahesh guduru" <mguduru@hotmail.com> 11/11/2007 6:01 PM >>>
Thanks Kathy.
Let me know, who to talk to, to schedule the tour.
Regards,
Mahesh
Cell: 469-261-1660
Fax: 678-609-2502
>I am attaching the Board tour talking notes from late night's tour. For
>those new members who could not make it, please read through and we can
>schedule a time that is convenient for your schedule. Regards, Kathy
>
>Kathleen P. Metz Edwards. M.S.
>Library Director
>William T. Cozby Public Library
>177 N. Heartz Road, Coppell, TX 75019
>972 304 7030
><< TouroftheLibrary.doc >>
Page 2 of 2
3/31/2008file://C:\Documents and Settings\cpettinos\Local Settings\Temp\XPgrpwise\47E8D0DFCit...
AGENDA REQUEST FORM DATE: April 8, 2008
ITEM #: 20
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding Metroplex Mayors Meeting.
B. Report by Mayor Stover regarding Carter BloodCare Drive.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
AGENDA REQUEST FORM
DATE: April 8, 2008
ITEM #: 21
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
AGENDA REQUEST FORM
DATE: April 8, 2008
ITEM #: 22
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: April 8, 2008
Department Submissions:
Item Nos. 8 and 11/C were placed on the Agenda for the above-
referenced City Council meeting by the Parks Department. I have
reviewed the Agenda Requests (and any backup if applicable) and hereby
submit these items to the City Council for consideration.
____________________
Parks Department
Item No. 17 was placed on the Agenda for the above-referenced City
Council meeting by the Engineering Department. I have reviewed the
Agenda Request (and any backup if applicable) and hereby submit this item
to the City Council for consideration.
____________________
Engineering Department
Item Nos. 11/D, 11/E, 11/F, 12, 13, 14, 15 and 16 were placed on the
Agenda for the above-referenced City Council meeting by the Planning
Department. I have reviewed the Agenda Requests (and any backup if
applicable) and hereby submit these items to the City Council for
consideration.
____________________
Planning 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
(or Deputy City Manager)