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CP 2009-06-09 NOTICE OF CITY COUNCIL MEETING AND AGENDA JUNE 9, 2009 JAYNE PETERS, KAREN HUNT, Place 7 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4 BOB MAHALIK, Place 2 BILLY FAUGHT, Place 5 BRIANNA HINOJOSA-FLORES, Place 3 MARVIN FRANKLIN, Place 6 CLAY PHILLIPS, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. 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, June 9, 2009, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:00 p.m., with 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. ag060909 Page 1 of 6 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding Zoning Application # S-1033R2-SF-12. 2. Discussion regarding property boundaries at Rolling Oaks/Restland Chapel. B. Section 551.087, Texas Government Code - Deliberation regarding Economic Development Negotiations. 1. ED Prospects North of Sandy Lake Road and West of SH 121. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Board/Commission Appointment Schedule. B. Discussion regarding appointments to Council Committees. 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. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. 7. Citizens' Appearances. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: May 26, 2009. ag060909 Page 2 of 6 ITEM # ITEM DESCRIPTION B. Consider approval of a 12-month extension to the expiration date of July 7, 2009 for the Freeport Parkway ROW Dedication Final Plat, to provide the required right-of-way for the extension of Freeport Parkway, north of Sandy Lake Road to S.H. 121. C. Consider approval of an Ordinance for Case No. PD-240-HC, North Gateway Center, zoning change from HC (Highway Commercial) to PD-240-HC (Planned Development-240-Highway Commercial), to establish a Concept Plan for a nine-lot commercial development on 12.362 acres of property located at the northwest corner of S.H. 121 and Denton Tap Road and authorizing the Mayor to sign. D. Consider approval of an Ordinance for Case No. PD-240R2-HC, North Gateway Center, Lot 9, Block A, zoning change from PD-240- HC (Planned Development-240-Highway Commercial) to PD-240R2- HC (Planned Development-240 Revision 2-Highway Commercial), to attach a Detail Site Plan to allow the development of a 8,100- square-foot structure with professional/medical office and personal service uses, on 1.624 acres of property located at the northwest corner of S.H. 121 and Denton Tap Road and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. PD-240R-HC, North Gateway Center, Lot 5, Block A (Rosa’s Café), zoning change from PD-240-HC (Planned Development-240-Highway Commercial) to PD-240R-HC (Planned Development-240 Revised-Highway Commercial), to attach a Detail Site Plan to allow the development of a 6,468-square-foot restaurant with a drive-thru on 2.067 acres of property located at the northwest corner of S.H. 121 and Denton Tap Road and authorizing the Mayor to sign. F. Consider approval of an Ordinance for Case No. S-1110R3-HC, Verizon Wireless, zoning change request from S-1110R2-HC (Special Use Permit-1110 Revision 2-Highway Commercial) to S-1110R3-HC (Special Use Permit-1110 Revision 3–Highway Commercial) to allow a replacement and relocation of the existing equipment and cabinet with a 120-square-foot shelter to be located approximately 15 feet west of the existing cabinet on 540 square feet of property located on the south side of Fritz Road, approximately 1,260 feet west of Freeport Parkway. and authorizing the Mayor to sign. END OF CONSENT ag060909 Page 3 of 6 ITEM # ITEM DESCRIPTION 9. Consider approval of a professional service contract for audit services for the Fiscal Year 2009, Fiscal Year 2010, Fiscal Year 2011 and authorizing the City Manager to sign. 10. PUBLIC HEARING: Consider approval of Case No. PD 163R5-SF-9, Windsor Estates, Lot 17 Block A, a zoning change request from PD-163R2-SF-9 (Planned Development-163 Revision 2-Single Family-9) to PD-163R5-SF-9 (Planned Development-163 Revision 5-Single Family-9) to allow stucco finish in lieu of the 80% masonry requirement on Lot 17, Block A located at 917 Deforest Road. 11. Consider approval of a Resolution repealing Resolution No. 2008-1209.3 in its entirety and revoking the terms and conditions of the tax abatement agreement by and between the City of Coppell, Texas and Cargill, Inc.; and authorizing the Mayor to sign. 12. Consider approval of a Resolution repealing Resolution No. 2008-1209.2 in its entirety and revoking the terms and conditions of the tax abatement agreement by and between the City of Coppell, Texas and KTR Coppell, Texas and KTR Coppell, LLC; and authorizing the Mayor to sign. 13. Consider approval of a Resolution approving a letter of support for the creation of a Foreign Trade Zone to be located at 850 Freeport Parkway in Coppell, Texas, and authorizing the Mayor to sign. 14. Consider approval of awarding bid No. Q-0508-01 from Sports Field Solutions, in the amount of $258,932.51, for infield surface development of Wagon Wheel Park baseball fields #5, & #6, and additional sub-surface drainage to baseball field #1, to include early completion bonus fees in the total amount of $9,000.00, and authorizing the CRDC President and City Manager to sign the necessary documents. 15. Consider approval to award Bid #Q-0509-02 in the amount of $1,406,827.79 to JRJ Paving, Inc. for the reconstruction and widening of South Coppell Road between Bethel Road and Southwestern Boulevard, Project #ST 07-02; and authorizing the City Manager to sign and execute any necessary documents. 16. Consider approval of a Resolution to close Bethel Road from Armstrong Boulevard to Penfolds Lane for a period of up to five months from the beginning of work on replacement of the Grapevine Creek bridge; providing for a penalty for road closure beyond five months; providing for ag060909 Page 4 of 6 ITEM # ITEM DESCRIPTION a variable bonus award for bridge completion and road re-opening in less than five months; and authorizing the Mayor to sign and execute any necessary documents. 17. Consider approval of a Resolution authorizing the City Engineer, in conjunction with the Contractor, to close Kimbel Kourt to through traffic from 100' north of Sandy Lake Road to Village Parkway, to facilitate reconstruction of the roadway, from the effective date until September 30, 2009; and authorizing the Mayor to sign and execute the necessary documents. 18. Consider approval of an Ordinance amending the Code of Ordinances by amending Article 1-10, "Rules, Times and Procedures for Conducting City Council Meetings," Section 1-10-4, "Types of Meetings," Subsection 1- 10-4.1, "Regular Meetings," to provide that the Open Session of Regular Scheduled Meetings of the City Council begin at 7:30 p.m.; and authorizing the Mayor to sign. 19. Consider appointments to Council Committees. 20. City Manager's Report. A. Project Update and Future Agendas. 21. Mayor and Council Reports. A. Report by Mayor Peters regarding Fourth of July Fireworks on July 3rd, 7 p.m. – 10 p.m. at Andy Brown East. B. Report by Mayor Peters regarding Fourth of July Parade on July 4th, 10 a.m. from St. Ann’s to Town Center. C. Report by Mayor Peters regarding the reopening of Coppell Road. D. Report by Mayor Peters regarding the Metroplex Mayors’ Meeting. 22. Necessary action resulting from Work Session. 23. Necessary action resulting from Executive Session. Adjournment. ____________________________________ Jayne Peters, Mayor ag060909 Page 5 of 6 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 June, 2009, 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). ag060909 Page 6 of 6 KEY TO COUNCIL GOALS ICONS COPPELL VISION 2030 Sustainable City Government • Excellent City Services with high level of Customer Satisfaction • “Green” City Operations and Facilities • Excellent and Well-maintained City Infrastructure and Facilities • Top Quality City Workforce • Financial Resources to Support City Services Business Prosperity • Retention and Attraction of Businesses that generate revenues for the City • Major Retail and Top Quality Business Office Park along I-635 and SH 121 • Old Coppell as a Small Town Village • Community Commercial Centers • House Offices and Home-Based Businesses Community Wellness and Enrichment • Community Gathering Places • Recreation Programs and Services for all Generations • Expand Cultural Arts Amenities and Opportunities • Residents’ Wellness and Longevity • Community Education Programs and Support of Top Quality Schools • Multi-Use Trail Systems Connecting the City Sense of Community • Residents and Businesses Engaging and Contributing to the Coppell Community • Strong Community Events and Festivals • New Residents Welcome and Involved • Effective Community Partnerships • Future Civic Community Leaders’ Development Special Place to Live • Quality Housing for Family Generations • Beautiful Green City • Revitalizing Neighborhoods • Mobility within Coppell • Easy Access to Dallas-Fort Worth Regions AGENDA REQUEST FORM DATE: June 9, 2009 ITEM #: ES-2 EXECUTIVE SESSION A. Section 551.071, Texas Government Code – Consultation with City Attorney. 1. Discussion regarding Zoning Application # S-1033R2-SF-12. 2. Discussion regarding property boundaries at Rolling Oaks/Restland Chapel. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects North of Sandy Lake Road and West of SH 121. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: June 9, 2009 ITEM #: WS-3 WORK SESSION A. Discussion regarding Board/Commission Appointment Schedule. B. Discussion regarding appointments to Council Committees. C. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 Document Name: %wksessn AGENDA REQUEST FORM DATE: June 9, 2009 ITEM #: 7 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 June 9, 2009 8/A ✔ PROCEDURAL Consider approval of minutes: May 26, 2009 Minutes of the City Council meeting held on May 26, 2009. Staff recommends approval. %minutes cm052609 Page 1 of 11 MINUTES OF MAY 26, 2009 The City Council of the City of Coppell met in Regular Called Session on Tuesday, May 26, 2009, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Jayne Peters, Mayor Karen Hunt, Mayor Pro Tem Tim Brancheau, Councilmember Bob Mahalik, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember Also present were City Manager Clay Phillips, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Peters called the meeting to order, determined that a quorum was present and convened into Work Session. Executive Session was held at the end of the meeting. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Discussion regarding property south and east of Beltline Road. B. Section 551.087, Texas Government Code - Deliberation regarding Economic Development Negotiations. 1. ED Prospects west of Denton Tap/Beltline Road. WORK SESSION (Open to the Public) 3. Convene Work Session A. Presentation and discussion regarding potential Coppell Aquatics & Recreation Center Expansion. cm052609 Page 2 of 11 B. Presentation and discussion regarding potential Wagon Wheel Tennis Center Expansion. C. Update on Grapevine Springs Senior and Community Center construction. D. Update on Rolling Oaks Memorial Center construction. E. Discussion regarding Alcohol Sales at “Oak Fest.” F. Discussion regarding Mayor/Council participation in the July 4th Parade. G. Discussion regarding Commercial/Retail Outdoor Storage. H. Discussion regarding Council Travel Schedule. I. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Pastor Jennifer Scott of First United Methodist Church led those present in the Invocation. 6. Pledge of Allegiance. Boy Scout Michael Hall led those present in the Pledge of Allegiance. 7. Consider approval of proclamation naming May 30, 2009 as Coppell Community Garden Day, and authorizing the Mayor to sign. Mayor Peters read the proclamation for the record and presented the same to Karen Pearsall and Trudie White. Action: Councilmember Tunnell moved to approve a proclamation naming May 30, 2009 as Coppell Community Garden Day, and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers cm052609 Page 3 of 11 Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 8. Consider approval of a proclamation proclaiming the week of May 25, 2009 through May 31, 2009, as Emergency Medical Services Week, and authorizing the Mayor to sign. Mayor Peters read the proclamation for the record and presented the same to Chief Kevin Richardson. Action: Councilmember Faught moved to approve a proclamation proclaiming the week of May 25, 2009 through May 31, 2009, as Emergency Medical Services Week, and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 9. Consider approval of a proclamation naming Tuesday, May 26, 2009 as Coppell Band Appreciation Day, and authorizing the Mayor to sign. Mayor Peters read the proclamation for the record and presented the same to Scott Mason and band members present. Action: Councilmember Franklin moved to approve a proclamation naming Tuesday, May 26, 2009 as Coppell Band Appreciation Day, and authorizing the Mayor to sign. Mayor Pro Tem Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 10. Consider approval of a proclamation naming Tuesday, May 26, 2009 as Coppell Girl's Soccer Appreciation Day, and authorizing the Mayor to sign. cm052609 Page 4 of 11 Mayor Peters read the proclamation for the record and presented the same to Coach Chris Stricker. Action: Councilmember Brancheau moved to approve a proclamation naming Tuesday, May 26, 2009 as Coppell Girl's Soccer Appreciation Day, and authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 11. Report by Park Board. Mark Tepper gave the Board’s semi-annual report. 12. Citizens' Appearances. Mayor Peters advised no one signed up to speak. CONSENT AGENDA 13. Consider approval of the following consent agenda items: A. Consider approval of minutes: May 12, 2009. B. Consider approval to accept Justice Assistance Grant (JAG) Program Funding provided under the American Recovery and Reinvestment Act of 2009 in the amount of $13,767.72; and authorizing the City Manager to sign. C. Consider approval of Bid No. Q-0409-02 for the installation of an Ultraviolet Sanitation System for the pools at the Aquatics and Recreation Center, to Texas Aquatic Supply, in the amount of $68,300.00, and authorizing the City Manager to sign the necessary documents. cm052609 Page 5 of 11 Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B and C. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 14. Presentation by the Coppell Historical Society regarding the service station at West Bethel and South Coppell Roads in Old Town Coppell. Pat Quinlan, 181 Simmons Drive, made a presentation to Council. 15. PUBLIC HEARING: To gather citizen input on the use of Community Development Block Grant available funds. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. Public Hearing: Mayor Peters opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Tunnell moved to close the Public Hearing. Councilmember Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 16. PUBLIC HEARING: Consider approval of Case No. PD-241-SF/C, Red Hawk, zoning change request from O (Office) to PD-241-SF/C (Planned Development - 241- Single Family/Commercial) with a Detail cm052609 Page 6 of 11 Plan to allow 54 single-family lots with a minimum lot size of 5,765 square feet and an average lot size of 8,484 square feet, including the retention of the Bullock Cemetery on approximately 14.9 acres of property and a Concept Plan for two commercial tracts containing approximately 1.5 acres of property, located along the west side of S. Denton Tap Road, north of Bethel School Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Terry Holmes, 510 Country Lane, applicant, addressed the Council. Public Hearing: Mayor Peters opened the Public Hearing and asked for persons wishing to speak. 1) Laura Macolucci, 109 Wrenwood, spoke against the item. 2) Noble Fortson, 224 Plantation, spoke against the item. 3) Dan Sexton, 216 Plantation spoke against the item. 4) Brad Masters, 200 Plantation, spoke against the item. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session a. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Peters convened into Executive Session at 8:45 p.m. as allowed under the above-stated article. Mayor Peters adjourned the Executive Session at 9:09 p.m. and re-opened the Regular Session. REGULAR SESSION (Open to the Public) Action: Councilmember Brancheau moved to continue the Public Hearing and the agenda item to the June 16th meeting. Mayor Pro Tem Hunt seconded the motion; the motion carried 6-1 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught and cm052609 Page 7 of 11 Franklin voting in favor of the motion and Councilmember Tunnell voting against the motion. 17. Consider approval of the Red Hawk, Preliminary Plat, a request for approval of a preliminary plat for 54 single-family lots, a cemetery parcel and two commercial lots on 16.42 acres of property, located along the west side of S. Denton Tap Road, north of Bethel School Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Tunnell moved to deny the Red Hawk, Preliminary Plat, a request for approval of a preliminary plat for 54 single-family lots, a cemetery parcel and two commercial lots on 16.42 acres of property, located along the west side of S. Denton Tap Road, north of Bethel School Road. Councilmember Faught seconded the motion; the motion carried 6-1 with Mayor Pro Tem Hunt and Councilmembers Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion and Councilmember Brancheau voting against the motion. 18. Consider ratification of an emergency contract in the amount of $171,950.00 to Craig Olden, Inc. for emergency slope stabilization work on Sandy Lake Road between the entrance to St. Joseph Village and 300 LF upstream; using funds from the Municipal Drainage Utility District Fund; and executed by the City Manager on May 18, 2009 according to General Exemption (1) of Section 252 of the Local Government Code. Presentation: Clay Phillips, City Manager, and Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. cm052609 Page 8 of 11 Action: Councilmember Faught moved to approve the ratification of an emergency contract in the amount of $171,950.00 to Craig Olden, Inc. for emergency slope stabilization work on Sandy Lake Road between the entrance to St. Joseph Village and 300 LF upstream; using funds from the Municipal Drainage Utility District Fund; and executed by the City Manager on May 18, 2009 according to General Exemption (1) of Section 252 of the Local Government Code. Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 19. Consider approval of an amendment to the contract made between the City of Coppell and Redflex Traffic Systems, Inc. for the Photo Red Light Enforcement Program; and authorizing the City Manager to sign. Presentation: Roy Osborne, Police Chief, made a presentation to the Council. Action: Councilmember Brancheau moved to approve a maximum 20-year extension to the contract made between the City of Coppell and Redflex Traffic Systems, Inc. for the Photo Red Light Enforcement Program; and authorizing the City Manager to sign. Mayor Pro Tem Hunt seconded the motion; the motion carried 6-1 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught and Franklin voting in favor of the motion and Councilmember Tunnell voting against the motion. 20. Mayor and Council Reports. A. Report by Councilmember Faught regarding Ride of Silence. A. Councilmember Faught reported that 100 cyclists met at Coppell High School and rode in silence in honor of the bicycle riders who have lost their lives on public roads to vehicles. Coppell resident, cm052609 Page 9 of 11 Greg Dean, was among the honored who lost his life at the intersection of SH 121 and Freeport. 21. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell B. Coppell ISD – Peters and Hinojosa-Flores. C. Coppell Seniors – Brancheau and Faught. D. Dallas Regional Mobility Coalition – Peters. E. DFW Airport Board – Peters. F. International Council for Local Environmental Initiatives (ICLEI) – Brancheau G. Metrocrest Hospital Authority – Tunnell. H. Metrocrest Medical Foundation – Hunt. I. Metrocrest Medical Services – Hinojosa-Flores. J. Metrocrest Social Service Center – Hunt. K. North Texas Council of Governments – Peters. L. NTCOG/Regional Emergency Management – Franklin. M. North Texas Commission – Franklin. N. Senior Adult Services – Faught. A. Councilmember Tunnell reported that follow up interviews for CFBISD Superintendent will be next week. Finalists will be chosen June 9 with a hire date of July 1. Ranchview High School graduation is June 7 at 7 pm. A golf tournament benefitting the Athletic Boosters will be June 28. LISD graduation is June 8. A golf tournament will be held on June 11 at the Golf Club of Castle Hills. B. Mayor Peters reported that Coppell graduation will be June 3 with the last day of school being June 4. Project Graduation will be June 3 and is still in need of volunteers. See the Project Graduation website for more information. C. Councilmember Faught announced the Marimba Music and Munchies Pot Luck Dinner and Birthday Celebration will be May 27. D. Mayor Peters informed the Council that HB 300 was out of the Senate and headed towards the Conference Committee. They are awaiting the news from the Legislature to see if TXDOT will sunset. E. Nothing to report. F. Nothing to report. G. Councilmember Tunnell reported on a news conference held May 14 that RHD will become the Texas Hospital for Advanced cm052609 Page 10 of 11 Medicine. Also, Trinity is set to sign the paperwork with Baylor to become Baylor of Carrollton. H. Mayor Pro Tem Hunt announced that the Metrocrest Medical Foundation will be celebrating 30 years and are planning their Gala in September. I. Nothing to report. J. Mayor Pro Tem Hunt stated Metrocrest Social Services is preparing for their move in September 2010. K. Mayor Peters announced the annual meeting will be June 12. L. Councilmember Franklin stated the next meeting will be June 11 with newly appointed Chair Charles Smith of Sachse. M. Nothing to report. N. Councilmember Faught reported Senior Adult Services celebrated Older Americans Month with a visit to the Farmers Branch Senior Center. The Volunteer Appreciation Lunch will be held at Brookhaven Country Club. Finally, information on the golf tournament in October is available. At this time, Council reconvened into Work Session followed by Executive Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Presentation and discussion regarding potential Coppell Aquatics & Recreation Center Expansion. B. Presentation and discussion regarding potential Wagon Wheel Tennis Center Expansion. C. Update on Grapevine Springs Senior and Community Center construction. D. Update on Rolling Oaks Memorial Center construction. E. Discussion regarding Alcohol Sales at “Oak Fest.” F. Discussion regarding Mayor/Council participation in the July 4th Parade. G. Discussion regarding Commercial/Retail Outdoor Storage. H. Discussion regarding Council Travel Schedule. I. Discussion of Agenda Items. EXECUTIVE SESSION (Closed to the Public) 4. Convene Executive Session cm052609 Page 11 of 11 A. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Discussion regarding property south and east of Beltline Road. B. Section 551.087, Texas Government Code - Deliberation regarding Economic Development Negotiations. 1. ED Prospects west of Denton Tap/Beltline Road. Mayor Peters convened into Executive Session at 11:18 p.m. Mayor Peters adjourned the Executive Session at 11:41 p.m. and reopened the Regular Session. REGULAR SESSION (Open to the Public) 22. Necessary action resulting from Work Session. There was no action necessary under this item. 23. Necessary Action Resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Jayne Peters, Mayor ATTEST: ____________________________________ 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: PLANNING June 9, 2009 8/B ✔ PRESENTATION Consider approval of a 12-month extension to the expiration date of July 7, 2009 for the Freeport Parkway ROW Dedication Final Plat, to provide the required right-of-way for the extension of Freeport Parkway, north of Sandy Lake Road to S.H. 121. On June 19, 2008, the Planning Commission unanimously approved this Freeport Parkway ROW Dedication Final Plat. (5-0) On July 8, 2008, Council unanimously approved this Freeport Parkway ROW Dedication Final Plat. (7-0) On December 9, 2008, Council approved a six-month extension. This plat will expire July 7, 2009. Please see the attached letter from Todd Jones dated May 26, 2009, requesting a 12-month extension. If Council were to approve this request, this Final Plat would expire July 7, 2010. Staff recommends APPROVAL. @FPkwy ROW DED, FP, EXT 1-AR, (con) 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: PLANNING June 9, 2009 8/C ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-240-HC, North Gateway Center, zoning change from HC (Highway Commercial) to PD-240-HC (Planned Development-240-Highway Commercial), to establish a Concept Plan for a nine-lot commercial development on 12.362 acres of property located at the northwest corner of S.H. 121 and Denton Tap Road and authorizing the Mayor to sign. On March 19, 2009, the Planning Commission unanimously recommended approval of this zoning change (5-0). Commissioners Shute, Frnka, Haas, Kittrell and Shipley voted in favor, none opposed. Commissioner Sangerhausen abstained due to conflict of interest. On April 14, 2009, Council unanimously approved this zoning change (7-0). Staff recommends APPROVAL. @PD-240-HC, NGC ORD, 1-AR (con) TM 37291.2.000 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 HC (HIGHWAY COMMERCIAL) TO PD-240-HC (PLANNED DEVELOPMENT-240- HIGHWAY COMMERCIAL), TO ESTABLISH A CONCEPT PLAN FOR A NINE-LOT COMMERCIAL DEVELOPMENT ON 12.362 ACRES OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF S.H. 121 AND DENTON TAP ROAD LOTS 1-9, BLOCK A, NORTH GATEWAY PLAZA, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE CONCEPTUAL PLAN, TREE SURVEY, CONCEPTUAL ELEVATIONS AND MONUMENT SIGN/SCREENING WALL ELEVATIONS ATTACHED HERETO AS EXHIBITS “B”, “C”, “D” AND “E” 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-240-HC 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 HC (Highway Commercial) to PD-240-HC (Planned Development-240-Highway Commercial), to establish a Concept Plan for a nine-lot commercial development on 12.362 acres of property located at the northwest corner TM 37291.2.000 of S.H. 121 and Denton Tap Road, and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. For the purposes of this ordinance, the following definitions shall apply: A. Personal service shall mean an establishment which offers specialized goods that serve individual necessities and provide non-medically related services, including, but not limited to, beauty and barber shops; clothing rental; dry cleaning pick-up stores; laundromats (self service laundries); garment repair; pressing; tailoring; clothing rental; shoe repair shops; spas; tanning salons; photographic studios; travel agencies; and other similar services. These uses may also include accessory retail sales of products related to the service provided. B. Professional medical office shall mean a place maintained and operated for the purpose of providing medical care, maintenance and/or services for health care including, but not limited to chiropractors, dentists, osteopaths, physicians and surgeons, podiatrists, chiropodists, physical therapists, and optometry. C. Professional office shall mean a business that offers any type of personal service to the public which requires as a condition precedent to the rendering of such service the obtaining of a license or other legal authorization, including, but not limited to, services rendered by certified public accountants, engineers, architects, attorneys, and life insurance agents. SECTION 3. That the property shall be developed and used only in accordance with following development conditions as set forth herein below; A. All development within the Planned Development shall be architecturally compatible with such architectural elements as depicted in Exhibits B and D. TM 37291.2.000 B. Any drive-through service lanes shall be screened from adjacent on site property with landscaped hedge consisting of perennial evergreen plant materials. C. Perimeter landscape buffer areas along interior property lines areas may be reduced as shown on Concept Plan, attached hereto as Exhibit “B”. D. Prior to the issuance of a certificate of occupancy for any building located within the PD, the property owner shall construct, at the intersection of Highland Drive and Denton Tap, the remaining portion of the traffic signal (components) in accordance with the approved traffic signal design plans and comply with any changes mutually agreed upon between the City of Coppell and the City of Lewisville; components include but not limited to, traffic signal heads, signal pole, video traffic detection, mast arms with traffic signal indicators, opticom sensor, confirmation light, relocation of pedestrian signal, relocation of existing/functioning mast arm and foundation near property line due to driveway configuration, as well as any required pavement markings or signs pertinent to the intersection in conformance with the Texas Manual on Uniform Traffic Control Devices. E. The City Engineer may require, upon further development and lot use for Lots 1, 2, 3, 4, 6, 7 and 8, and based on generally accepted traffic engineering standards, the construction of deceleration lane(s) on Denton Tap Road at developers sole cost. F. A six foot (6’) tall masonry wall, as depicted on Exhibit “E”, shall be constructed adjacent to the residentially zoned land on the north and northwest property lines. The design and construction shall avoid the removal of any tree as indicated in the current tree survey attached hereto as Exhibit “C” G. A commercial property owners association shall be established for the maintenance of landscaping, screening wall, drainage facilities, pavement and monument signs for the common areas of the Planned Development. H. A tree removal permit is required prior to the removal of any trees from this site. I. The monument sign locations shall be located and constructed as indicated on the site plan; and, the monument sign design and sizes shall be as shown on the monument sign elevation/screening wall sheet, attached hereto as Exhibit “E”. J. The landscaping, mutual access and fire lanes shall be located as shown on the site plan, attached hereto as Exhibit “B”. TM 37291.2.000 K. Permitted Uses - A building or premise shall be used as defined in the Comprehensive Zoning Ordinance only for the following: 1. Lot 1- Front building and Lots 2, 4, 6, 7, and 8 - HC district uses. 2. Lot 1 - Rear building - professional office uses. 3. Lot 3 - professional and medical office uses. 4. Lot 5 - restaurant use. 5. Lot 9- professional/medical office and personal service uses. 6. That a detailed site plan recommended by the Planning and Zoning Commission and approved by the City Council shall be required for each lot within the Planned Development and shall conform to the regulations provided herein. SECTION 4. That Conceptual Plan, Tree Survey, Conceptual Elevations, Monument Sign/Screening Wall Elevations, attached hereto as Exhibits “B”, “C”, “D” and “E” respectively, and made a part hereof for all purposes as special conditions, are hereby approved. SECTION 5. That the above property shall be developed and used only in the manner and for the purpose provided for by the Highway Commercial (Highway Commercial) District regulations, Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as 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. TM 37291.2.000 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 ___________________, 2009. APPROVED: _____________________________________ JAYNE PETERS, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 6/2/09) North Gateway Plaza Conceptual PD-240-HC 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: PLANNING June 9, 2009 8/D ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-240R2-HC, North Gateway Center, Lot 9, Block A, zoning change from PD-240-HC (Planned Development-240-Highway Commercial) to PD-240R2-HC (Planned Development-240 Revision 2-Highway Commercial), to attach a Detail Site Plan to allow the development of a 8,100-square-foot structure with professional/medical office and personal service uses, on 1.624 acres of property located at the northwest corner of S.H. 121 and Denton Tap Road and authorizing the Mayor to sign. On March 19, 2009, the Planning Commission unanimously recommended approval of this zoning change (5-0). Commissioners Shute, Frnka, Haas, Kittrell and Shipley voted in favor, none opposed. Commissioner Sangerhausen abstained due to conflict of interest. On April 14, 2009, Council unanimously approved this zoning change (7-0). Staff recommends APPROVAL. @PD-240R2-HC, NGC ORD, 1-AR (con) TM 37302.2.000 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 PD-240-HC (PLANNED DEVELOPMENT-240- HIGHWAY COMMERCIAL) TO PD-240R2-HC (PLANNED DEVELOPMENT-240 REVISION 2-HIGHWAY COMMERCIAL), TO ATTACH A DETAIL SITE PLAN TO ALLOW THE DEVELOPMENT OF A 8,100-SQUARE-FOOT STRUCTURE WITH PROFESSIONAL/MEDICAL OFFICE AND PERSONAL SERVICE USES, ON 1.624 ACRES OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF S.H. 121 AND DENTON TAP ROAD, LOT 9, BLOCK A, NORTH GATEWAY PLAZA, 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, DETAIL LANDSCAPE PLAN AND DETAIL ELEVATIONS, 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-240R2-HC 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 TM 37302.2.000 amended, be and the same is hereby amended to grant a change in zoning from PD-240-HC (Planned Development-240-Highway Commercial) to PD-240R2-HC (Planned Development-240 Revision 2-Highway Commercial), to attach a Detail Site Plan to allow the development of a 8,100-square-foot structure with professional/medical office and personal service uses, on 1.624 acres of property located at the northwest corner of S.H. 121 and Denton Tap Road, Lot 9, Block A, North Gateway Plaza, and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with following development conditions as set forth herein below; A) This development shall be developed in accordance with the Conceptual PD-240-HC, which shall be incorporated herein. B) The development shall be in accordance with the site plan, landscape plan, and elevations, incorporated herein. C) More than 50% of the required parking is allowed to be located in the front of the building. D) No monument sign shall be allowed on this lot. SECTION 3. That Detail Site Plan, Detail Landscape Plan, and Detail Elevations attached hereto as Exhibits “B”, “C” and “D”, respectively, and made a part hereof for all purposes as special conditions, are hereby approved. SECTION 4. That the above property shall be developed and used only in the manner and for the purpose provided for by the Highway Commercial (Highway Commercial) District TM 37302.2.000 regulations, 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 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. TM 37302.2.000 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 ___________________, 2009. APPROVED: _____________________________________ JAYNE PETERS, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 6/2/09) North Gateway Plaza Lot 9, Block A HCPD-240R2-HC70,7438,10011.4%UseParking Requirements Building Use (sf)Parking RequiredGeneral Office 1/300 sf 4,050 14Medical Office 1/175 sf 4,050 243845224.4%35,48235,26149.8%4,698Provided Front Yard Non-Vehicular 6,850146%% AccessibleTotal Parking RequiredParking ProvidedSite Data Table Lot 9Existing ZoningProposed ZoningLot Area (sf)Building Area (sf)F.A.R.Parking Requirements by UseAccessible Parking RequiredAccessible Parking Provided% PerviousRequired Front Yard Non-Vehicular% RequiredPervious Area Lot CoverageImpervious Area (sf)Pervious Area (sf) 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: PLANNING June 9, 2009 8/E ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-240R-HC, North Gateway Center, Lot 5, Block A (Rosa’s Café), zoning change from PD-240-HC (Planned Development-240-Highway Commercial) to PD-240R-HC (Planned Development-240 Revised-Highway Commercial), to attach a Detail Site Plan to allow the development of a 6,468-square-foot restaurant with a drive-thru on 2.067 acres of property located at the northwest corner of S.H. 121 and Denton Tap Road and authorizing the Mayor to sign. On March 19, 2009, the Planning Commission unanimously recommended approval of this zoning change (5-0). Commissioners Shute, Frnka, Haas, Kittrell and Shipley voted in favor, none opposed. Commissioner Sangerhausen abstained due to conflict of interest. On April 14, 2009, Council unanimously approved this zoning change (7-0). Staff recommends APPROVAL. @PD-240R-HC, NGC ORD, 1-AR (con) TM 37304.2.000 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 PD-240-HC (PLANNED DEVELOPMENT-240- HIGHWAY COMMERCIAL) TO PD-240R-HC (PLANNED DEVELOPMENT-240 REVISED-HIGHWAY COMMERCIAL), TO ATTACH A DETAIL SITE PLAN TO ALLOW THE DEVELOPMENT OF A 6,468- SQUARE-FOOT RESTAURANT WITH A DRIVE-THRU ON 2.067 ACRES OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF S.H. 121 AND DENTON TAP ROAD, LOT 5, BLOCK A, NORTH GATEWAY PLAZA 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, DETAIL LANDSCAPE PLAN, FLOOR PLAN, DETAIL ELEVATIONS AND SIGN PACKAGE ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, “E” AND “F” 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-240R-HC 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 PD-240-HC TM 37304.2.000 (Planned Development-240-Highway Commercial) to PD-240R-HC (Planned Development- 240 Revised-Highway Commercial), to attach a Detail Site Plan to allow the development of a 6,468-square-foot restaurant with a drive-thru on 2.067 acres of property located at the northwest corner of S.H. 121 and Denton Tap Road, Lot 5, Block A, North Gateway Plaza, and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with following development conditions as set forth herein below; A) This development shall be developed in accordance with the Conceptual PD-240-HC, which shall be incorporated herein. B) The development shall be in accordance with the site plan, landscape plan, floor plan and elevations incorporated herein. C) More than 50% of the required parking is allowed to be located in the front of the building. D) The hours of operation shall not exceed 7:00 a.m. to Midnight (12:00 a.m.) seven days a week. E) The monument sign shall be allowed to be 6’ x 15’ in size as shown on the monument sign elevation, located as depicted on the Site Plan and shall be allowed to contain the subdivision name in pin mounted letters and an aluminum pan sign indicating Rosa’s Café, as illustrated on Exhibit “F-1”, attached hereto. F) A movement control sign shall be permitted as indicated on the Site Plan and shown on the movement control sign elevation, on Exhibit “F-2”, attached hereto. TM 37304.2.000 SECTION 3. That Detail Site Plan, Detail Landscape Plan, Floor Plan, Detail Elevations and Sign Package attached hereto as Exhibits “B”, “C”, “D”, “E” and “F”, respectively, and made a part hereof for all purposes as special conditions, are hereby approved. SECTION 4. That the above property shall be developed and used only in the manner and for the purpose provided for by the Highway Commercial (Highway Commercial) District regulations, 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 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. TM 37304.2.000 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 ___________________, 2009. APPROVED: _____________________________________ JAYNE PETERS, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 6/2/09) North Gateway Plaza Lot 5, Block A (Rosa’s Café) THIS DESIGN REMAINS OUR EXCLUSIVE PROPERTY and CANNOT BE DUPLICATED WITHOUT WRITTEN CONSENT Created for the approval of : Address : Date :Drawn by : Revised :Scale Salesman : Drawing number:1802 Hickory, Fort Worth, TX. 76117 (817) 838-0213 Toll Free (866) 643-3582 Fax: (817) 665-0167 NC SJ 02-24-09ROSA CAFE HWY 121 & DENTON TAP RD COPPELL, TX DEVELOPMENT MONUMENT SIGN NORTH GATEWAY PLAZA, LOTS 1-9, BLOCK A Created for the approval of : Address : Date :Drawn by : Revised :Scale Salesman : Drawing number:1802 Hickory, Fort Worth, TX. 76117 (817) 838-0213 Toll Free (866) 643-3582 Fax: (817) 665-0167 NCROSA’S CAFE NORTH GATE PLAZA 02-26-09 29307-R5 DOUBLE FACE SIGN (GROUND-ILLUMINATED) (4) REQUIRED 03-24-09 NORTH GATEWAY PLAZA LOT 5, BLOCK A ROSA’S CAFE SJ SIDE VIEW 2’-2”1’-3 3/4”1’-11”ALUMINUM CABINET PAINTED OFF WHITE ALUMINUM FACES PAINTED OFF WHITE AND BLACK VINYL COPY 3”x3” SQUARE TUBE PAINTED OFF WHITE HWY 121 & DENTON TAP RD COPPELL, TX DRIVE THRU3”3”13 1/4” EXPRESS 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: PLANNING June 9, 2009 8/F ✔ ORDINANCE Consider approval of an Ordinance for Case No. S-1110R3-HC, Verizon Wireless, zoning change request from S-1110R2-HC (Special Use Permit-1110 Revision 2-Highway Commercial) to S-1110R3-HC (Special Use Permit-1110 Revision 3–Highway Commercial) to allow a replacement and relocation of the existing equipment and cabinet with a 120-square-foot shelter to be located approximately 15 feet west of the existing cabinet on 540 square feet of property located on the south side of Fritz Road, approximately 1,260 feet west of Freeport Parkway. and authorizing the Mayor to sign. On April 16, 2009, the Planning Commission unanimously recommended approval of this zoning change (7-0). Commissioners Jett, Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley voted in favor, none opposed. On May 12, 2009, Council unanimously approved this zoning change (7-0). Staff recommends APPROVAL. @S-1110R3-HC, VW ORD, 1-AR (con) 1 TM 37229.2.000 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-1110R2-HC (SPECIAL USE PERMIT-1110 REVISION 2-HIGHWAY COMMERCIAL) TO S- 1110R3-HC (SPECIAL USE PERMIT-1110 REVISION 3–HIGHWAY COMMERCIAL), TO ALLOW A REPLACEMENT AND RELOCATION OF THE EXISTING EQUIPMENT AND CABINET WITH A 120- SQUARE-FOOT SHELTER TO BE LOCATED APPROXIMATELY 15 FEET WEST OF THE EXISTING CABINET ON 540 SQUARE FEET OF PROPERTY LOCATED ON THE SOUTH SIDE OF FRITZ ROAD, APPROXIMATELY 1,260 FEET WEST OF FREEPORT PARKWAY AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN AND ELEVATIONS, ATTACHED HERETO AS EXHIBIT “B”; 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-1110R3- HC 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 S-1110R2-HC (Special Use Permit-1110 Revision 2-Highway Commercial) to S-1110R3-HC (Special Use Permit-1110 2 TM 37229.2.000 Revision 3–Highway Commercial), to allow a replacement and relocation of the existing telecommunication equipment and cabinet with a 120-square-foot structure to be located approximately 15 feet west of the existing cabinet on 540 square feet of property located on the south side of Fritz Road, approximately 1,260 feet west of Freeport Parkway and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the following development condition as set forth herein below; A) Except as amended herein, the property shall be developed and used in accordance with Special Use Permit 1110 Revision-2 (Called Hearing) (S-1110R- 2 (CH), Ordinance No. 91500-A-243 which is incorporated herein as set forth in full and hereby republished. SECTION 3. That the Site Plan, Landscape Plan and Elevations, attached hereto and incorporated herein as Exhibit “B”, respectively, and made a part hereof for all purposes as special conditions, 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 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 3 TM 37229.2.000 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 ___________________, 2009. APPROVED: _____________________________________ JAYNE PETERS, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 5/29/09) 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: Finance June 9, 2009 9 ✔ CONTRACT/BID or PROPOSAL Consider approval of a professional service contract for audit services for the Fiscal Year 2009, Fiscal Year 2010, Fiscal Year 2011 and authorizing the City Manager to sign. See attached bid tabulation and staff comments. It is staff's recommendation to award the contract to Grant Thornton. Grant Thornton is the 6th largest CPA firm in the United States. Their quote is comparable to Weaver & Tidwell when consideration is given to the cost of Web Watch Reports provided by Grant Thornton with each year's audit. Funds are budgeted in the Finance Department Other Professional Services for this contract. Staff recommends awarding bid to Grant Thornton. $Audit Bid - 1AR Name of the Firm 2009 2010 2011LarsonAllenAudit 37,390.00$ 39,185.00$ 40,980.00$ The audit would be staffed by Minnesota office.Preparation Of CAFR 5,125 5,400 5,675 No audits of Texas cities noted in bid.Single Audit 4,975 5,225 5,475 Camera Ready Copy 910 965 1,020 Weaver & TidwellAudit 56,750.00 58,400.00 60,200.00 Has provided audit services to the City in the past.Preparation Of CAFR 9,775 10,000 10,250 Single Audit 4,000 4,200 4,300 Camera Ready Copy 3,975 4,200 4,350 Grant ThorntonAudit 60,500.00$ 62,315.00$ 64,200.00$ Current Auditor Preparation of CAFR 10,000 10,000 10,000 Firm provides analytical reports to management thatSingle Audit 13,500 13,500 13,500 are based on information taken from the GL, A/P, HR &Camera Ready Copy 10,000 10,000 10,000 Payroll systems. No other firm provides these reports.Rylander, Clay & OpitzAudit 60,200.00$ 62,800.00$ 64,375.00$ The firm's office is located in Ft. Worth.Preparation Of CAFR 15,000 15,000 15,000 Bid did not state if any cities audited by this firmSingle Audit 8,600 8,600 8,600 receive the GFOA award.Camera Ready Copy 2,000 2,000 2,000 KPMGAudit 72,000.00$ 74,500.00$ 77,000.00$ The audit partner would be from the OKC officePreparation Of CAFR 19,500 19,500 19,500 Concurring partner would be from the New Mexico officeSingle Audit 16,000 16,000 16,000 Firm is unable to agree to proposal terms in the StandardCamera Ready Copy 1,500 1,500 1,500 Professional Services Agreement.DeloitteAudit 79,054.00$ 82,216.00$ 85,505.00$ Firm is unable to agree to proposal terms in the StandardPreparation Of CAFR 15,000 15,000 15,000 Professional Services Agreement.Single Audit 10,027 10,027 10,027 Camera Ready Copy 7,500 7,500 7,500 BKDAudit 108,515.00$ 121,000.00$ 125,000.00$ The audit would be staffed by Arkansas office Preparation of CAFR 15,750 15,750 15,750 Single Audit 22,735 22,735 22,735 Camera Ready Copy N/A N/A N/A Jenny Kim Jenny Kim Jenny Kim Jenny Kim Jenny Kim Jenny Kim Jenny KimDemonstrated Experience,qualification (50 points)50 46 50 48 35 25 40 5 35 25 45 45 45 35Evaluated Cost (20 points)18 18 20 17 15 16 15 20 5 0 15 10 15 12Responsivenss of the bid(20 points)20 20 20 20 20 17 20 10 20 20 20 10 15 10Commitment to Governmental Accounting and Auding (10 points)1081010598557810 50Total98 92 100 95 75 67 83 40 65 52 88 75 80 57Average of the three scores95 98 71 62 59 82 69Firm has audited the City Provides analytical Audit Mgr - no city Ptr. Is not licensed CPA Only two Texas Cities Needs to modify terms Firm wants to makeAudits several cities in reports that are useful to clients listed. in Texas. shown in bid. of service agreement. changes to Servicethe area management Bid shows only two City No Texas cities shown Very expensive! About Offers four hour seminar AgreementProposed schedule Current auditor clients that prepare CAFR in bid. twice as much as the to clients. Bid states dates areconsistent with schedule Several local cities are Didn't mention any of No discussion of offering next highest bid. No mention of clients tentative and if selected,in bid clients clients receiving GFOA CPE receiving GFOA award. agree on dates suitable toPtr and Mgr have Engagement Ptr and award. Stated that test ofboth partiesmunicipality audit Concurring Ptr are known RCO is register provider compliance with laws and Partners are not local-one experience in governmental industry of CPE and City staff will regs would be done using is OKC & the other is Newarena. be welcome to attend Minnesota LegalMexicoProposed schedule is RCO in-house training. Compliance Audit Guide No statement in bid thatconsistent with schedulepartners on engagementin bidare members ofgovernmental organizationsNo discussion of offerringCPENo discussion of cities inTexas receiving GFOAawardWeaver & TidwellDeloitte KPMGRylander, Clay & OpitzGrant Thornton LarsonAllen BKD 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: PLANNING June 9, 2009 10 ✔ PUBLIC HEARING Consider approval of Case No. PD 163R5-SF-9, Windsor Estates, Lot 17 Block A, a zoning change request from PD-163R2-SF-9 (Planned Development-163 Revision 2-Single Family-9) to PD-163R5-SF-9 (Planned Development-163 Revision 5-Single Family-9) to allow stucco finish in lieu of the 80% masonry requirement on Lot 17, Block A located at 917 Deforest Road. The following P&Z condition remains outstanding: 1. Plans are approved by the Architectural Review Committee of the Homeowner’s Association of Windsor Estates. On May 21, 2009, the Planning Commission recommended approval of this zoning change (5-1), subject to the above-stated conditions. Commissioners Jett, Frnka, Haas, Sangerhausen, and Kittrell voted in favor, Commissioner Shute opposed. Staff recommends APPROVAL. @01 PD-163R5-SF-9. WE, L17, BA 1-AR ITEM # 5 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT PD-163R5-SF-9, Windsor Estates, Lot 17 Block A P&Z HEARING DATE: May 21, 2009 C.C. HEARING DATE: June 9, 2009 STAFF REP.: Matt S. Steer, City Planner LOCATION: 917 Deforest Road SIZE OF AREA: 13,525 square feet CURRENT ZONING: PD-163R2-SF-9 (Planned Development-163 Revision 2-Single Family-9) REQUEST: A zoning change to PD-163R5-SF-9 (Planned Development- 163 Revision 5-Single Family-9) to allow stucco finish in lieu of the 80% masonry requirement. APPLICANT: Terry Holmes THBGP, Inc. dba The Holmes Builders 1445 MacArthur Drive, Suite 200 Carrollton, TX. 75007 (972) 242-1770 Fax: (972) 242-2931 HISTORY: In 1997, PD-163, Windsor Estates was established to allow the development of 27 single-family homes and common areas on 15.78 acres of property. The Preliminary Plat for this subdivision was approved for 24 residential lots and two common areas in May 1998. The Final Plat, for 23 residential lots and three common areas, was approved in May 1999. In June 1999, the PD was amended to revise the entry features and create additional common areas to accommodate landscaping. In January 2005, PD-163R4-SF-9 ITEM # 5 Page 2 of 4 (Planned Development-163 Revision 4-Single Family-9) to allow the construction of an 4.25-foot wrought iron fence on an 18-inch retaining wall 15 feet from the property line along Deforest Road on Lot 1, Block B (612 St. James) was approved. TRANSPORTATION: Deforest Road has been extended through this subdivision as a concrete, 27-foot wide residential street built within a 50-foot right-of-way. SURROUNDING LAND USE & ZONING: North – Residential; PD-163R2-SF-9 (Planned Development-163 Revised 2-Single Family- 9) South – Residential; PD-140-SF (Planned Development-140- Single Family) East – Common area, retention pond; PD-163R2-SF-9 (Planned Development-163 Revised 2-Single Family- 9) West – Residential; PD-163R2-SF-9 (Planned Development- 163 Revised 2-Single Family- 9) COMPREHENSIVE PLAN: The Comprehensive Plan shows this property as suitable for low density residential. DISCUSSION: As outlined in the Zoning Ordinance, approval of a Special Use Permit or Planned Development Amendment is needed to allow for stucco construction that exceeds 20% of the structure (exclusive of doors and windows). The reason for this requirement relates to the “old world” architectural style the city has encouraged since the mid ‘80’s. Since that time, we have attempted to evaluate stucco requests case by case, based upon a number of criteria including: number already in the neighborhood, architectural style of surrounding structures, impact of this building type on the community, neighborhood concerns, etc. Just recently, Council approved stucco construction on 10 lots within the Planned Development of the Chateaus of Coppell subdivision currently under construction (southwest corner of Bethel and Denton Tap). The stipulations related to this approval state that none of the houses abutting Denton Tap or Bethel Road would be allowed to be stucco and each stucco house shall be separated by three lots. The reason this is significant is that the stucco look was not allowed ITEM # 5 Page 3 of 4 where visible from outside the subdivision, only internally to the subdivision. The proposed residence is planned to be constructed with close to 100% beige Portland Cement Stucco, a dark red Spanish style concrete tile roof, a cast-stone arched entryway, arched windows, two tile mosaics and a turret on the front elevation. By Friday morning, staff received three calls and one letter regarding this request, each seemingly undecided. Of the concerns specifically related to this request, durability of the material, aesthetics and how it would “fit in” with the neighborhood were mentioned. The letter had concerns about not knowing the stucco color being proposed. In relation to what has been constructed in the surrounding neighborhoods, there are a few houses with the Spanish tile roofs with stone as the primary building material (none with greater than 20% stucco). These houses appear to be designed to have the Mediterranean feel without the smooth stucco surface. They are all some distance from this request. Attached are pictures of those residences. With respect to the surrounding houses within this specific neighborhood, all have dark, asphalt shingled roofs and are constructed of stone or brick. Staff is of the opinion that this architectural style and construction type (stucco with a red, Spanish tile roof) doesn’t match and would have an “overwhelming” impact on the subdivision, especially at the entrance. Even if approved by the City Council, the architecture would still need approval from the Architectural Review Committee (ARC) of the Homeowners Association (HOA) of Windsor Estates. The president of the HOA (who is also the Chairperson of the ARC) was concerned that the approval from the city might override the HOA’s ruling. I assured her that it would not. If the City Council and Architectural Review Committee (ARC) approve this specific design, then it can be built. If the committee modifies what Council approves, then the request will need to be resubmitted to the city for our approval. Late Friday evening (May 15, 2009), she submitted an email stating that “So far, the neighborhood seems to think that the stucco sounds fine for the area provided it is built by Holmes and all plans are approved by the ARC of the HOA.” In as much as the neighborhood appears to support this request, staff will withdraw its opposition. ITEM # 5 Page 4 of 4 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions being met: 1) Plans are approved by the Architectural Review Committee of the Homeowner’s Association of Windsor Estates. 2) Reorient the plans to have north to the top of the page and revise north arrow. 3) Label the first and second floors on the Site Plan/Floor Pan. Include total lot area within the table. 4) Revise site plan to an engineering scale. 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. Site Plan/Floor Plan 2. Elevations 3. Subdivision Survey Map 4. Photos of Similar Homes in Surrounding Neighborhoods 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's Office June 9, 2009 11 ✔ RESOLUTION Consider approval of a Resolution repealing Resolution No. 2008-1209.3 in its entirety and revoking the terms and conditions of the tax abatement agreement by and between the City of Coppell, Texas and Cargill, Inc.; and authorizing the Mayor to sign. A Resolution was passed by City Council in December 2008 approving the terms and conditions of a tax abatement agreement by and between the City of Coppell and Cargill, Inc. Due to restructuring within the organization, Cargill, Inc. decided not to open a regional distribution facility in Coppell. The tax abatement agreement was never signed; therefore, the tax abatement agreement never took effect. This Resolution will rescind the Resolution that was passed for the Cargill, Inc. tax abatement agreement. Approve the Resolution repealing Resolution No. 2008-1209.3 in its entirety and revoking the terms and conditions of the tax abatement agreement by and between the City of Coppell, Texas and Cargill, Inc.; and authorizing the Mayor to sign. !Cargill Rescindment - 1 AR 1 TM 37083.2.000 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, REPEALING RESOLUTION NO. 2008-1209.3 IN ITS ENTIRETY AND REVOKING THE TERMS AND CONDITIONS OF THE TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS AND CARGILL, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about December 9, 2008, the City Council resolved and approved Resolution No. 2008-1209.3 approving the terms and conditions of a Tax Abatement Agreement by and between the City of Coppell, Texas and Cargill, Inc., a Texas Corporation, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, after the approval of Resolution No. 2008-1209.3, said Tax Abatement Agreement was not executed by the City or Cargill; and WHEREAS, based on the foregoing the City Council is of the opinion and finds that Resolution No. 2008-1209.3 should repealed in its entirety and that the terms and conditions of the Tax Abatement Agreement with Cargill should be revoked; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. That Resolution No. 2008-1209.3 be, and the same is, hereby repealed in its entirety and the terms and conditions of the Tax Abatement Agreement by and between the City of Coppell, Texas and Cargill, Inc. are hereby revoked. SECTION 2. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ______ day of ________________, 2009. CITY OF COPPELL, TEXAS ___________________________________________ JAYNE PETERS, MAYOR 2 TM 37083.2.000 ATTEST: ___________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ CITY ATTORNEY (REH/cdb 05/19/09) 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's Office June 9, 2009 12 ✔ RESOLUTION Consider approval of a Resolution repealing Resolution No. 2008-1209.2 in its entirety and revoking the terms and conditions of the tax abatement agreement by and between the City of Coppell, Texas and KTR Coppell, Texas and KTR Coppell, LLC; and authorizing the Mayor to sign. In December 2008, City Council passed a resolution approving the terms and conditions of a tax abatement agreement by and between the City of Coppell and KTR Coppell LLC. KTR negotiated a lease with Cargill Inc. to occupy the distribution center located at 777 Freeport Pkwy. As part of the lease agreement, KTR Coppell LLC was responsible for making $17,000,000 worth of improvements to the existing space. The City agreed to abate a portion of the improvements being made to 777 Freeport Pkwy. Due to restructuring within the Cargill Inc. organization, Cargill Inc. decided not to lease space from KTR Coppell LLC. Therefore, the abatement agreement never took effect. This Resolution rescinds the Resolution approving the terms and conditions of a tax abatement agreement by and between the City of Coppell and KTR Coppell LLC. Approve the Resolution repealing Resolution No. 2008-1209.2 in its entirety and revoking the terms and conditions of the tax abatement agreement by and between the City of Coppell, Texas and KTR Coppell, Texas and KTR Coppell, LLC; and authorizing the Mayor to sign. !KTR Rescindment - 1 AR Page 1 TM 37084.2.000 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, REPEALING RESOLUTION NO. 2008-1209.2 IN ITS ENTIRETY AND REVOKING THE TERMS AND CONDITIONS OF THE TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS AND KTR COPPELL, LLC; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about December 9, 2008, the City Council resolved and approved Resolution No. 2008-1209.2 approving the terms and conditions of a Tax Abatement Agreement by and between the City of Coppell, Texas and KTR Coppell, LLC, a Texas limited liability company, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, after the approval of Resolution No. 2008-1209.2, said Tax Abatement Agreement was not executed by the City or KTR Coppell; and WHEREAS, based on the foregoing the City Council is of the opinion and finds that Resolution No. 2008-1209.2 should repealed in its entirety and that the terms and conditions of the Tax Abatement Agreement with KTR Coppell should be revoked; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. That Resolution No. 2008-1209.2 be, and the same is, hereby repealed in its entirety and the terms and conditions of the Tax Abatement Agreement by and between the City of Coppell, Texas and KTR Coppell, LLC are hereby revoked. SECTION 2. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ______ day of ________________, 2009. CITY OF COPPELL, TEXAS ___________________________________________ JAYNE PETERS, MAYOR Page 2 TM 37084.2.000 ATTEST: ___________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ CITY ATTORNEY (REH/cdb 05/19/09) 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's Office June 9, 2009 13 ✔ RESOLUTION Consider approval of a Resolution approving a letter of support for the creation of a Foreign Trade Zone to be located at 850 Freeport Parkway in Coppell, Texas, and authorizing the Mayor to sign. Hay & Jones, Inc. is requesting a letter of support from the City of Coppell to modify the existing boundaries of Foreign Trade Zone (FTZ) No. 168 to include 850 Freeport Parkway. This letter of support is just one step in the process to receive FTZ status for 850 Freeport Parkway. This FTZ is being considered to help finalize the decision for a relocation of a prospective company. If 850 Freeport Parkway is not the chosen location for this prospective company, the letter of support will not be issued. Approve a Resolution approving a letter of support for the creation of a Foreign Trade Zone to be located at 850 Freeport Parkway in Coppell, Texas, and authorize the Mayor to sign. !FTZ 850 Freeport Parkway - 1 AR June 9, 2009 Mr. Dennis Puccinelli Foreign-Trade Zones Board U.S. Department of Commerce FCB-Suite 4100W 1401 Constitution Ave., NW Washington D.C. 20230 Re: Foreign Trade Zone Application Dear Mr. Puccinelli, Please accept this letter of support for the Dallas/Fort Worth Foreign Trade Zone No. 168 application to establish a Foreign Trade Zone facility located at 850 Freeport Parkway, Coppell, Texas 75019. The City of Coppell is very active in promoting economic development and business attraction for the City. This facility will bring new business to our city. We are always willing to support businesses in ways that will help create more jobs and aid in their continued success. The establishment of a Foreign Trade Zone and the associated economic benefits that it provides to companies, especially on an international trading basis, is consistent with the City’s economic development objectives. We ask for the Foreign Trade Zone Board to give this application a favorable decision at the soonest possible date. If the City can be of any further assistance, please do not hesitate to call upon us. Sincerely, Jayne Peters Mayor 1 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, SUPPORTING THE ESTABLISHMENT OF A FOREIGN TRADE ZONE TO BE LOCATED AT 850 FREEPORT PARKWAY, COPPELL, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented with a request from Hay & Jones, Inc. for the City to support the establishment of a foreign trade zone at 850 Freeport Parkway, Coppell, Texas 75019; and WHEREAS, the City Council finds that the establishment of a foreign trade zone would generate employment and enhance economic development within the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council of the City of Coppell, Texas, does hereby support the establishment of a foreign trade zone located at 850 Freeport Parkway, Coppell, Texas 75019. SECTION 2. This Resolution shall become effective immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the _______ day of _______________, 2009. APPROVED: JAYNE PETERS, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY (PGS/si 5/29/09) 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 June 9, 2009 14 ✔ CONTRACT/BID or PROPOSAL Consider approval of awarding bid No. Q-0508-01 from Sports Field Solutions, in the amount of $258,932.51, for infield surface development of Wagon Wheel Park baseball fields #5, & #6, and additional sub-surface drainage to baseball field #1, to include early completion bonus fees in the total amount of $9,000.00, and authorizing the CRDC President and City Manager to sign the necessary documents. See attached Funds are available in the CRDC fund for this contract. Staff recommends approval. ^WW Baseball Fields-1 AR PARKS AND RECREATION DEPARTMENT COPPELL CITY COUNCIL AGENDA ITEM Date: June 9, 2009 To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Re: Consider approval of awarding bid No. Q-0508-01 from Sports Field Solutions, in the amount of $258,932.51, for infield surface development of Wagon Wheel Park baseball fields #5, & #6, and additional sub-surface drainage to baseball field #1, to include early completion bonus fees in the total amount of $9,000.00, and authorizing the CRDC President and City Manager to sign the necessary documents. Background: The Coppell Baseball Association (CBA) approached the Parks and Recreation Department a couple of years ago about the idea of making improvements to the infield portion of the baseball diamonds at Wagon Wheel Park. The Board of CBA felt as though the surfacing was no longer up to par when compared to fields in other communities where our teams travel to play. The undulations in the fields that have become more pronounced over the years, it was determined, might cause an increased hazard to a player unless something was changed. The idea of laser grading the infield portion of each of these fields was researched by staff and taken to the Coppell Recreation Development Corporation (CRDC). The CRDC decided that this project should be considered a priority and funded the laser grading, irrigation, drainage and sodding of fields #1- #4, plus two soccer fields. This project was finished during the summer of 2008, with the ball fields opening for the Fall season. While the construction was underway, the CRDC decided to pursue having the remaining two fields done in a similar fashion. The CBA quickly agreed and the staff began developing the construction documentation for the second phase of work. Bids closed for this work on May 26, 2009, with only one contractor having submitted a bid. It happens that this bid came from the same contractor that performed the work on the first phase of the project, so they are very familiar with the scope and quality of work expected. The contractor is Sports Field Solutions, a professional and experienced builder of sports fields. The base bid amount came in at $249,932.51 for creating new infields at Fields #5 and #6, and includes creating drainage improvements to Field #1 that were not in the scope of the initial work. The contract stipulates 90 days for substantial completion of the work, and includes potential bonuses of $300 per day for each day the work is completed prior to 90 days. It also calls for Liquidated Damages in the amount of $300.00 per day that the work remains incomplete past the Contract Period. The Coppell Baseball Association is prepared for this project and has already planned to adjust the Fall season schedule, shifting the projected use of these fields to begin in October. Due to the successful work history the city has with this contractor, the limited time frame to complete the work, and the favorable recommendation of the architect, the staff recommends award of this bid to Sports Field Solutions. The CRDC approved award of this bid at their regularly scheduled meeting on June 1, 2009. Action Requested: Approval of awarding bid No. Q-0508-01 from Sports Field Solutions, in the amount of $258,932.51, for infield surface development of Wagon Wheel Park baseball fields #5, & #6, and additional sub-surface drainage to baseball field #1, and authorizing the CRDC President and City Manager to sign the necessary documents. Staff Recommendation: Approval of this item. I I I I I I I I I I 1 j I I J I j THE CITY OF corrELL p rj lo q lJ 0 l 1b q i I INVITATION TO DID INSTRUCTIONsrrERMS OF CONTRACT SPECIFICA nONS BID SHEET S FOR WAGON WHEEL PARK BASEBALL FIELDS 5 6 SURFACE DEVELOPMENT PER THE CITY OF COPPELL SPECIFICATIONS AT THE CITY OF COPPELL TOWN CENTER PURCHASING DEPARTMENT OPENING DATE TUESDA Y MA Y 26 2009 AT 2 00 P M crr Of COPPEIL l lIIlCIIASING DEPARTMENT 2 P I KWAV nouuv Jm COI J Il nXAS 7 OJ9 f J 1 I 1 I 1 I I 1 1 J J I 1 THE CITY OF corrELL fJP0 1e q I INVITATION TO BID Return Bid To City ofCoppell Purchasing Department PO Box 9478 Coppell Texas 75019 The enclosed Invillllitm To Bit and accompanying SpeCifiCtllions witll Bit Sheets are for yourconvenienceinbiddingtheenclosedreferencedproductsandorservicesfortheCityofCoppellSealedbidsshnllbercceivednolaterthanTUESDAYMAY262009AT200PM Please reference Bid No Q OS09 04 WAGON WHEEL PARKBASEBALLFIELDS56 SURFACE DEVELOPMENT in all correspondence pertaining to this bid and affix thisnumbertooutsidefrontofbidenvelopeforidentificationAllbidsshallbetotheattentionofthePurchasingDepartment The City of Coppell appreciates your time and effol1 in preparing a bid There will be a pre bid meetingTuesdayMay192009at200PMattheOfficeofthePurchasingAgent255ParkwayBoulevardCoppellTexasPleasenotethatallbidsmustbereceivedatthedesignatedlocationbythedeadlineTUESDAYMAY262009AT200PMBidsreceivedafterthedeadlinewillbereturnedunopenedandshallbeconsideredvoidandunacceptableBidopeningisscheduledtobeheldintheOfficeofthePurchasingAgent255ParkwayBoulevardCoppellTexasYouareinvitedtoattendIfBidderdesiresnottobidatthistimebutwishestoremainonthecommoditybidlistpleasesubmitaNOBIDresponsesametimelocationTheCityofCoppellisalwaysveryconsciousandextremelyappreciativeofthetimeandeffortexpendedtosubmitabidHoweveronNOBIDresponsespleasecommunicateanybidrequirementswhichmayhaveinfluencedyourdecisiontoNOBIDIfresponseisnotreceivedintheformofaBIDorNOBIDforthree3conseclltiveInvitationToBidBicklershallberemovedfromsaidbidlistHoweverifyouchoosetoNOBIDatthistimebutdesiretoremainonthebidlistforothercommoditiespleasestatethespecificproductserviceforwhichyourfirmwishestobeclassitied Awards should be made approximately three weeks following the bid opening date To obtain results or if YOll have illY questions please contact the Purchasing Department at 972 304 3644 crrv OF C PP Ll 1 1 I CJlSIN Dt PRTMENT 25PARKWAV 1I0ULEVARI COPPELL TEX S 7i019 PBCL 2 ffS f 1 I I f I I I I I I B II Q 050S 0 1 WAGON WIII EL FIELD SUI FACE J EVF LOPMENT THE CITY OF I INVITATION TO BID INSTRUCTIONS TERMS OF CONTRACT BID NO Q 0509 04 WAGON WHEEL PARK BASEBALL FIELDS 5 6 SURFACE DEVELOPMENT By order of the City Council of the City ofCoppell Texas sealed bids will be received for WAGON WHEEL PARK BASEBALL FIELDS 5 6 SURFACE DEVELOPMENT IT IS UNDERSTOOD that the City Council of the City of Coppell Texas reserves the right to reject any and or all bids for any or all products andor services covered in this bid request and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests ofthe City of Cappel I BIDS MUST BE submitted on the pricing forms included for that purpose in this packet Each bid shall be placed in a separate sealed envelope with each page manually signed by a person having the nuthority to bind the firm in a Contract and marked clearly on the outside as shown below FACSIMILE TRANSMITTALS SHALL NOT BE ACCEPTED SUBMISSION OF BIDS Sealed bids shall be submitted no later than TUESDAY MAY 26 2009 AT 2 00 P M to the nddress as follows City of Coppell Purchasing Department 255 Parkway Blvd Coppell Texas 75019 MARK ENVELOPE BID NO Q OS09 04 WAGON WHEEL PARK BASEBALL FIELDS 5 6 SURFACE DEVELOPMENT ALL BIDS MUST BE RECEIVED IN THE CITY S PURCHASING DEPARTMENT BEFORE OPENING DATE AND TIME CIT OFcopr Il PlmCIJASING D J AlnMFNT 1s PAIU W UOllI EVAIU COPPF I I nx s 7 19 P ge 3 iS 1 1 1 j I I I I I I 8 ID Q OS08 0 1 WAGON WHEEL FIELD SURFACE DEVELOPMENT PUBLJC NOTICE STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Actof1990Thusinorder10assistindividualswithdisabilitieswhorequirespecialservicesiesigninterpretativeservicesalternativeaudiovisualdevicesandamanuensesforpal1icipationinOJaccesstotheCityofCoppellsponsoredpublicprogramsservicesandormeetingstheCityIequeststhatindividualsmakerequestfortheseservicesfortyeight48hoursaheadofthescheduledprogramserviceandormeetingTomakearrangementscontactVivyonVBowmanADACoordinatororotherdesignatedofficialat2144620022orTDD1800RELAYTX18007352989 CITY OF OPP u I URCIMSING DFJRTMENT 25 P RKW UOlJU V RD COiPt LL JEX S 7 019 Page UID Q 0508 01 WAGON WllEEL FIELD SURFACE IEVELOPMENT FUNDING Funds for payment have been provided through the City of Coppell budget pproved by theCityCouncilforthisfiscalyearonlyStateofTexasstatutesprohibittheobligationandexpenditureofpublicfundsbeyondthefiscalyearforwhichabudgethasbeenapprovedThereforeanticipatedordersorotherobligationsthatmayarisepasttheendofthecurrentfiscalyearshallbesubjecttobudgetapproval LATE BIDS Bids received in the City ofCoppell Purchasing Depal1ment after submission deadline willbeconsideredvoidandunacceptableTheCityofCoppellisnotresponsibleforlatenessornondeliveryofmailcmrieretcandthedatetimestampinthePurchasingDepartmentshallbetheofficialtimeofreceipt ALTERING BIDS Biels cannot be altered or amended after submission deadline Any interlineationalterationorerasuremadebeforeopeningtimemustbeinitialedbythesignerofthebidguaranteeingauthenticity WITHDRAWAL OF BID A bid may not be withdrawn or canceled by the Bidder without thepermissionoftheCityforaperiodofninety90daysfollowingthedatedesignatedforthereceiptofbidsandBiddersoagreesuponsubmittaloftheirbid SALES TAX The City ofCoppell is exempt by law from payment of Texas State Sales Tax and FederalExciseTaxBiddershallincludeanysalestaxesfromconcessionsalesoftaxableitemsonCitypropertyinthetotalpriceofthesaleandshallberesponsibletoreportandpaysuchtaxesinatimelymanner BID A WARD The City reserves the right to award any combination of the fields as is deemed in the bestinterestoftheCityTheCityalsoreservestherighttonotawaldoneornoneofthefields CONTRACT This bid when properly accepted by the City of Coppell shall constitute a ContractequallybindingbetweenthesuccessfulBidderandtheCityNodifferentoradditionaltermswillbecomeapartofthisContractwiththeexceptionofChangeOrders CHANGE ORDERS No oral statement of any individual shall modify or otherwise change or affect thetermsconditionsorSpecificationsstatedintheresultingContractAllChangeOrderstotheContractwillbemadeinwritingbytheCitysPurchasingAgent IF DURING THE life of the Contract the slIccessful Bidder s net prices to other Cllstomers for itemsawardedhereinarereducedbelowtheContractedpriceitisunderstoodandagreedthatthebenefitsofsuchreductionshallbeextendedtotheCityofCappel CITV OF OI P II I IIRCII SING 1 rr RTMENT 2 ARKWA V DOllI EVAIU COIFI I nx S 7 019 ageS t I I I I I I I I I I I BID Q 0508 0 1 WAGON WHEEL FIELD SURFACE DEVELOPMENT A PRICE redeterm ination may be considered by the City only at the anniversary date oftht Contract and shall be substantiated in writing ie Manufacturer s direct cost postage rates Railroad Commission rates Wage Labor rates ctc The Bidder s past history ofhonoring Contracts at the bid price will be an important consideration in the evaluation of the lowest and best bid The City reserves the right to accept or reject any all of the price redetermination as it deems to be in the best interest of the City DELIVERY all delivery and freight charges F O B City ofCoppell are to be included in the bid price DELIVERY TIME Bids shall show number of days required to place goods ordered at the City s designated location Failure to slate delivery time may cause bid to be rejected Successful Bidder shall notify the Purchasing Department immediately if delivery schedule cannot be met If delay is foreseen successful Bidder shall give written notice to the Purchasing Agent The City has the right to extend delivery time if reason appears valid Successful Bidder must keep the Purchasing Department advised at all times of the status ofthe order CONFLICT OF INTEREST No public official shall have interest in this Contract in accordance with Vernon s Texas Codes Annotated Local Govemment Code Title S Subtitle C Chapter 171 DISCLOSURE OF CERTAIN RELA TONSHIPS Effective January 2006 Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire Form CIQ the vendor or person s affiliation or business relationship that might cause a conflict of interest with a local government entity By law this questionnaire must be filed with the records administrator of the City of Coppell not later than the 7lh business day after the date the person becomes aware of facts that require the statement to be filed See Section 176 006 Local Government Code A person commits an offense if the person violates Section 176 006 Local Government Code An offense under this section is a Class C misdemeanor ETHICS The Bidder shall not offer or accept gifts of anything of value nor enter into any business arrangement with any employee official or agent ofthe City of Cop pel I EXCEPTIONS SUBSTITUTIONS All bids meeting the intent of this Invitation To Bid will be considered for award Bidders taking exception to the Specifications or offering substitutions shall state these exceptions in the section provided or by attachment as part of the bid In the absence of such a list shall indicate that the Bidder has not taken exceptions and shall hold the Bidder responsible to perform in strict accordance with the Specifications of the Invitation The City of Coppell reserves the right to accept any and all or none of the exception s substitution s deemed to be in the best interest of the City ADDENDA Any interpretations corrections or changes to this Invitation To Bid and Specifications will be made by addenda Sole issuing authority of addenda shall be vested in the City of Coppell C ITY OF COI PELL PURCUASING DEPARTMENT 2 5 PARKWAY BOUI EVARD COPP LL nXAS 7 019 P P6 s f I 1 f 1 f I I BID Q 0508 0 I WAGON WHEEL FJELD SURFACE DEVELOI MENT Purchasing Agent Addenda will be mailed to all who are known to have received a copy of thisInvitationToBidBiddersshallacknowledgereceiptofalladdenda DESCRIPTIONS Any reference to model and or make manufacturer used in bid Specifications will bemadebyaddendaSoleissuingauthorityofaddendashallbevestedintheCitysPurchasingAgentAddendawillbemailedtoallwhoareknowntohavereceivedacopyofthisinvitationtoBidBiddersshallacknowledgereceiptofalladdenda BID MUST COMPLY with all federal state county and local laws concerning these types of service s DESIGN STRENGTH QUALITY ofmaterials must conform to the highest standards of manufacturingandengineeringpractice All items supplied against credit must be new and unused unless otherwise specified in first classconditionandofcurrentmanufacturer MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS A prospective BiddermustaffirmativelydemonstrateBiddersresponsibilityAprospectiveBiddermustmeetthefollowingrequirements t have adequate financial resources or the ability to obtain such resources as requil ed2beabletocomplywiththerequiredorproposeddeliveryschedule3haveasatisfactoryrecordofperformance 4 have a satisfactory record of integrity and ethics 5 be otherwise qualified and eligible to receive an award The City may request representation and other information sufficient to determine Bidders ability to meettheseminimumstandardslistedabove REFERENCES The City requests Bidder to supply with this Invitation To Bid a list of at least five 5referenceswherelikeproductsandorserviceshavebeensuppliedbytheirfirmIncludenameoffirmaddresstelephonenumberandnameofrepresentative BIDDER SHALL PROVIDE with this bid response all documentation required by this Invitation to BidFailuretoprovidethisinformationmayresultinrejectionofbid SUCCESSFUL BIDDER SHALL defend indemnify and save harmless the City of Coppell and all itsofficersagentsandemployeesfromallsuitsactionsorotherclaimsofanycharacternameanddescriptionbroughtfororonaccountofanyinjuriesordamagesreceivedorsustainedbyanypersonpersonsorpropertyonaccountofanynegligentactorfaultofthesuccessfulBidderorofallYagentemployeesubcontractororsupplierintheexecutionoforperformanceunderanyContractwhichmayresultfrombidawardSuccessfulBidderindemnitiesandwillindemnifyandsaveharmlesstheCitytromliabilityclaimordemandonthcirpartagentsservantscustomersandloremployeeswhethersuch Cln OF COPP LL PlIl CIIASING Dt PARTi U Iff 255 JARKWA Y 1I01lu v Jm copnu TEXAS 7 019 l ace tfP SFS liOns FIBld SOIaUons For safer healthier turf PO Box 26945 Benbrook TX 76126 817 691 8188 References Rangers Ballpark in Arlington Texas Rangers Dennis Klein Grounds Superintendent 817 273 5050 Baylor University Glenn Moore Softball Coach 254 709 3106 City of Mesquite Travis Sales Parks Supervisor 972 880 4234 City of Cedar Hill Shawn Ray Parks Supervisor 469 628 5589 City of Dallas Billy Johnson 214 543 1700 Dallas Baptist University Brant Williams Head Groundskeeper 214 704 4635 Baylor University Chris Clemmons Baseball Coach 254 744 8558 Stephenville ISD Regi Brackin Maintenance Director 254 968 7990 Aledo Athletics Inc Clarence Ellis Board President 817 692 4563 Northwood University Pat Malcheski Athletic Director 817 798 3413 City of Clebume Max Robertson Director of Parks 817 774 6295 City of Coppell Kevin Price Supetintendent 214 687 1120 Southern Methodist University Kris Harris Turf Manager 214 497 2552 Dallas Episcopal School David Tollison Athletic Director 214 450 7357 I I I 1 1 I I I I BID Q 0508 0 I WAGON WHEEL FIELD SURFACE DEVELOPMENT liability claim or demand arise from event 01 clsllalty happening or within the occupied premisesthemselvesorhappeninguponorinanyofthehallselevatorsentrancesstairwaysorapproachesofortothefacilitieswithinwhichtheoccupiedpremisesarelocatedSuccessfulBiddershallpayanyjudgmentwithcostswhichmaybeobtainedagainsttheCitygrowingOlltofsuchinjuryordamagesInadditionContractorshallobtainandfilewithOwnerCityofCoppellaStandlrdCertificateofInsuranceandapplicablepolicyendorsementevidencingtherequiredcoverageandnamingtheownerCityofCoppelIasanadditionalinsuredontherequiredcoverage WAGES SlIccesstlll Bidder shall payor cause to be paid without cost or expense to the City ofCoppellaUSocialSecurityUnemploymentaldFederalIncomeWithholdingTaxesofallsuchemployeesandallsuchemployeesshallbepaidwagesandbenefitsasrequiredbyFederalandorStateLaw TERMINATION OF CONTRACT This Contract shall remain in effect until Contract expires deliveryandacceptanceofproductsandorperformanceofservicesorderedorterminatedbyeitherpartywithathirty30daywrittennoticepriortoanycancellationThesuccessfulBiddermuststatethereinthereasonsforsuchcancellationTheCityofCoppellreservestherighttoawardcanceledContracttonextlowestandbestBidderasitdeemstobeinthebestinterestoftheCityofCoppel TERMINATION FOR DEFAULT The City ofCoppell reserves the right to enforce the performan e ofthisContractinanymannerprescribedbylawordeemedtobeinthebestinterestoftheCityintheeventofbreachordefaultofthisContractTheCityofCoppellreservestherighttoterminatetheContractimmediatelyintheeventthesuccessfulBidderfailsto I meet schedules 2 defaults in the payment ofany fees or 3 otherwise perform in accordance with these Specifications Breach of Contract or default authorizes the City of Coppell to exercise any or all of the following rights I the City may take possession of the assigned premises and any fees accrued or becoming due todate 2 the City may take possession of all goods fixtures and materials of successful Bidder thereinandmayforecloseitslienagainstsuchpersonalpropel1yapplyingtheproceedstowardfeesdueorthereafterbecomingdue In the event the successful Bidder shall fail to perform keep or observe any ofthe terms and conditions tobeperformedkept01observedtheCityshallgivethesuccessfulBidderwrittennoticeofsuchdetaultandintheeventsaiddefaultisnotremediedtothesatisfactionandapprovalofthecitywithintwo2workingdaysofreceiptofsuchnoticebythesuccessfulBidderdefaultwillbedeclaredandalthesuccessfulBiddersrightsshallterminate crrv m COJ P I L I URCIIASING DEIARTMF NT 255 PAI KW DOUU VRD cOPP LJ TEXAS 75019 l alle8 ffS I I I I I I I I I I I j I I I 1 I j BID Q OS08 01 WAGON WHEEL FIELD SURFACE Df VELOPMENT Bidder in submitting this bid agrees that the City of Coppel shall not be liable to prosecution for damages in the event that the City declares the Bidder in default NOTICE Any notice provided by this bid 01 required by law to be given to the successful Bidder bytheCityofCoppellshallconclusivelydeemedtohavebeengivenalidreceivedonthenextdayafterstich written notice has been deposited in the mail in the City of Coppell Texas by Registered or Certified Mail with sufficient postage affixed thereto addressed to the successful Bidder at the address so providedprovidedthisshallnotpreventthegivingofactualnoticeinanyothermanner PATENTS COPYRIGHTS The successful Bidder agrees to protect the City of Coppell from claims involving infringement ofpatents and or copyrights CONTRACT ADMINISTRATOR Under this Contract the City of Coppell may appoint a Contract Administrator with designated responsibility to ensure compliance with Contract requirements such as but not limited to acceptance inspection and delivery The Contract Administrator will serve as liaison between the City of Coppell Purchasing Depal1ment which has the overall Co ltract Administration responsibilities and the successful Bidder PURCHASE ORDER A Purchase Order s shall be generated by the City of Coppell to the successful Bidder The Purchase Order number must appear on all itemized invoices and packing slips The City of Coppell will not be held responsible for any orders placed delivered without a valid current Purchase Order number PACKING SLIPS or other suitable shipping documents shall accompany each special order shipment and shall show a name and address of successful Bidder b name and address of receiving depat1mentandordeliverylocationcPurchaseOrdernumberandddescriptiveinformationastotheitem s delivered including product code item number quantity number of containers etc INVOICES shall show all information as stated above shall be issued for each Purchase Order and shall be mailed directly to the City of Coppell Finance Accounts Payable Department 255 Parkway Blvd Coppell Texas 75019 PAYMENTwill be made upon receipt and acceptance by the City ofCoppell for any item s ordered and receipt of a valid invoice in accordance with the State of Texas Prompt Payment Act Article 60 If V T C S Successful Bidder s required to pay subcontractors within ten 10 days ITEMS supplied under this Contract shall be subject to the City s approval Items found defective or not meeting Specifications shall be picked up and replaced by the successful Bidder at the next service date at no expense to the City of CoppelIfitem is not picked up with in one 1 week after notification the item will become a donation to the City for disposition CITOI COI PF I L IURCflASING D PARTM NT 2 5 PARKWAY 1I00lUo VARO COPP Ll TEXAS 7 019 Pug tS f I I I I 1 f I I I J I I I I I I BID Q OS8 0 I WAGON WHEEL FIELD SURFACE DEVELOPMENT SAMPLES When requested samples shall be furnished free of expense to the City of Coppell WARRANTY Successful Bidder shall warrant that all items services shall conform to the proposedSpecificationsandoraUwarrantiesasstatedintheUniformCommercialCodeandbefreefromalldefectsinmaterialworkmanshipandtitleAcopyofthewarrantyforeachitembeingbidmustbeenclosedFailuretocomplywiththeaboverequirementsforliteratureandwarrantyinformationcouldcausebidtoberejected REMEDIES The successful Bidder and the City ofCoppell agree that both parties have alllights dutiesandremediesavailableasstatedintheUniformCommercialCode VENUE This Agreement will be governed and construed according to the laws of the State of TexasThisAgreementisperformableintheCityofCoppellTexas ASSIGNMENT The successful Bidder shall not sell assign transfer or convey this Contract in wholeorinpW1withoutpriorwrittenconsentoftheCityofCoppeJl SPECIFICATIONS and model numbers are for description only Bidder may bid on description onlyBiddermaybidonalternatemodelbutmustclearlyindicatealternatemodelbeingbidBiddermustenclosefulldescriptiveliteratureonalternateitems SILENCE OF SPECIFICATION The apparent silence of these Specifications as to any detail or to theapparentomissionofadetaileddescriptionconcerninganypointshallberegardedasmeaningthatonlythebestcommercialpracticesaretoprevailAllinterpretationsoftheseSpecificationsshallbemadeonthebasisofthisstatement BID BOND If the contract is for the construction of public works the bidder must furnish a good andsufficientbidbondintheamountoffivepercentofthetotalcontractpriceAbidbondmustbeexecutedwithasuretycompanyauthorizedtodobusinessinthestateofTexas Each insurance policy to be furnished by successful Bidder shall include by endorsement to the policy astatementthatanoticeshallbegiventotheCityofCoppellbyCertifiedMailthirty30dayspriortocancellationoruponanymaterialchangeincoverage ANY QUESTIONS concerning this Invitation To Bid and Specifications should be directed to thePurchasingDepartmentat9723043643 CITY OF COPPELL PIlRCUASINC DEPARTMENT 255 I ARKWA Y 80llU VARD COPPEII n XAS 7 019 age 10 I I I I I I I J J j I I I I J IUD Q 0508 0 1 WAGON WHEEL FIELD SUnFAC DEVELO MENT THE CITY OF corrELL o I s r 0 e v 1 s BID Q 0509 04 WAGON WHEEL PARK BASEBALL FIELDS 5 6 SURFACE DEVELOPMENT BIDDERS PLEASE NOTE ONE OPY OF THE FOLLOWING BID SHEETS HAVE BEEN ENCLOSED FOR YOUR CONVENIENCE SPECIFICATIONS AND CONFLICT OF INTEREST FORM TWO COPIES MUST BE RETURNED TO THE PURCHASING DEPARTMENT NO lATER TIlANTUESDAY MAY26 2009AT 2 00 PM CITY OF COPPEI PllRCIIASING In p RTMENT Z 5 PARKW UOllLEVARI COPPELL TEXAS 7 019 Pace II I I I I I I I I I I I I I 1 J j BID Q 0508 01 WAGON WHEEL FIELD SURFACE DEVELOPMENT Company Name Address Phone Number Fax Number Contact Person E mail Address Company Informntion S t5 FldJ So lubins L LC PO 2q I 8tk br06tj lX 1kllfo 7 ql g 7 l4 b fD Mj Lt PeN M I 5jlr1st1 e Id50 I utl cOY cln OF COPPEU PURCIIASING IiPARTMENT 255 PARKWAV BOULEVARD C P Il n x s 75019 g IZ H5P I 1 I I I I I I J I I I I I J I I I nm Q 0508 01 WAGON WHEEL FIELD SlJl FACE DEVELOPMENT CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USE ONLY Government Code by a person doing business with the governmental entity Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed See Section 176 006 Local Government Code A person commits an offense if the person violates Section 176 006 Local Government Code An offense under this section is a Class C misdemeanor 1 Name of person doing business with local governmental entity M t P tK 2 eCk this box if you are filing an update to a previously filed questionnaire The law requires that you file an updaled completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176 006 a Local Government Code is pending and not later than the 7th business day after the dale the originally filed questionnaire becomes incomplete or inaccurate 3 Name each employee or contractor of the local governmental entity who makes recommendations to a local government officer of the governmental entity with respect to expftldlt es of money AND describe the affiliation or business relationship JO as 7 Bid sehtl cJ1 tw In tof 4 Name each local government officer who appoints or employs local government officers of the governmentalentityforwhichthisquestionnaireisfiledANDdescribetheaffiliationorbusinessrelationship J tl B J sohcifJiIl e Jl Pfl Adopted 1111122005 TY m COPPEI I l llRCIIASING JEP RT It N 255 PAI KWA Y 1l01lU VAUO COPPEI J n XAS 7 OI PRge J I I I I I 1 I I I BID Q OS08 01 WAGON WHEEL FIELD SURFACE DEVELOPMENT FORM CIQ CONFLICT OF INTEREST QUESTIONNAIRE Page 2 For vendor or other person doing business with local governmental entity 5 Name of local government offjeer with whom filer has affiliation or business relationship Complete this section only if the answer to A B or C is YES This section item 5 including subparts A B C D must be completed for each officer with whom the filer has affiliation or other relationship Attach additional pages to this Form CIQ as necessary A Is the local government officer med in this section receiving or likely to receive taxable income from the filer of the questionnaire a Yes N B Is the fi ler of e questionnaire receiving or likely to receive taxable income from or at the direction of the local g vernm officer named in this section AND the taxable income is not from the local governmental entity 0 Yes No C Is the tiler of this questionnaire affiliated with a corporation or other business enti that the local government officer serves as an officer or director or holds an ownership of 10 percent or more U Yes 0 No D Describe each affiliation or business relationship 6 r I j Dale Adopted 1110212005 CITY OF COPPEIPURCnASING D J RTMENT 2SS P ltKWBOllJEV RI COPJ LL nXAS 75019 Pogt 14 SP I I I I I I I j I I I I I I J I I BID Q 0508 01 WAGON WHEEL FmLD SURFACE DEVELOPMENT THE CI TY OF corrELL 6 CITY OF COPPELL TEXAS STANDARD FIXED PRICE AGREEMENT FOR THE CONSTRUCTION OF WAGON WHEEL PARKBASEBALL FIELDS 5 6 SURFACE DEVELOPMENT CITY m cOPPU 1 UnIASING DEPARTMENT 255 PARKWAY 1l0VI IV RD COPPELI nXAS 7 019 PAce 15 ft6f I I I BI I Q OS09 01 WAGON WHEEL PARK BASEBALL FIELDS 5 6 SURFACE DEVELOPIOIENT City of Coppell Texas This Agreement is made by and betwee the City of Coppe l Texas a home rule municipality hereinafter referred 10 as the Owner and s 80 ltufrtS hereinafter reterred 10 as the Contractor for construction of WAGO WHEEL PARK BASEBALL FIELDS 5 6 SURFACE DEVELOPMENT hereinafter referred to as the Project the Owner and the Contractor hereby agreeing as follows ARTICLE I THE CONTRACT AND THE CONTRACT DOCUMENTS 11 TilE 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 representntions and negotiations if any between the Owner and Contractor not expressly made a part hereof 14 No PRIVITY WITH OTm RS 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 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 anyone 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 anyone Contract Document shall be considered as required by the Contract 1 53 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 cllstomary usage 1 54 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 occlIrrence 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 ofthis Contract JllKe J6CITYOFCOPPIlPllRCJJASINCDEPInMENT255PARKWABOllLFVARDCOPPEIlTEXAS75019 rtSr III 0 Q OS09 0 I WAGON WHEEL PARK HASEHALL FIELDS 5 6 SURFACE IEVELOPMENT 15 6 Words or terms used as nouns in Ihis Contract shall be inclusive of their singular and pl lral forms unless the context of their usage clearly requires a contrary mcaning I 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 Specitications and shall oive wriuen notice to the Owner of anyco inconsistency ambiguity error or omission which the Contractor Illay discover with respcct 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 shalt 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 oPP0l1unity 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 15 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 01 other categories nor the organization or arrangement of the Design shall control the Contractor in dividing the Work or in eSlablishing the extent or scope of the Work 10 be performed by Subcontractors 1 6 OWNI RSIllI OF CONTI cr DO U JIo NTS 1 6 I 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 Contructor 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 Page 17CITYOfCOPIEI1PIRCIIASINGIEIAllTMENT2PARKWVBOlllEYARDCOJPEILTEXAS7OIl MSf B II Q OS09 0 I WM ON WI IEEL PARK BASEBALL FII Ll S 5 6 SURFACE DEVELOPMENT the full performance or the Wmk and the for the full completion of the Project 1 11 mHterials shall be new and materillls ami wmkl1lllnship shall be of good quality Upon request the Cuntractor shall furnish satisfactory proof of the type kind and quality of materials ARTICLE III CONTRACT TIME 31 TIM ANI LIQtlllATED DAMAGES i 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 JLcalendar days from the date specified in the Notice to Proceed The parties acknowledge that time is of the essence in the perfonnance 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 P 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 Coppel Seventy two hours notice required All overtime incurred by the City for inspection services shall be paid by the Contractol If not paid such cost may be deducted Ii om 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 00 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein tor Substantial Completion of the Work Any sums due md payable hereunder by the Contractor shall be payable not as a penalty but as liquidated damages representing an estimate of delay damages likely 10 be sustained by the Owner estimated at 01 betl e the time of executing this Contract When the Owner reasonably believes that Substantial Complelion will be inexcusilbly delaycd the Owner shall be entitled but not required to withhold from any amounts otherwise due the ContrClctor an amount thcn 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 pal1 thereof for which the Owner has withheld payment the Owner shall promptly release to the Contractor those Ihnds withheld but no longer applicuble 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 00 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 01 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 Page 18CJJVOFCOPPHLPllICHSINGDPARTMENT25PARKWAYBOlILVRDCOPPEIITEXAS75019 M5 HID Q 0509 01 WAGON WHEEL I ARK UASEBALL FIELIS 5 6 SUJ FACE DEVI LOPMENT 3 2 Sl USTTI I COMI U TION I 3 2 1 Substantial Completion shall mean that stage ill the progression or the Work when the Work is sufficiently complete ill accordance with this Contract that the Owner can enjoy beneficial use or occupancy of the Work and call utilize the Work for its intended purpose even though minor miscellaneous work and or adjustment may be required 3 3 TIME IS OF un ESSI NCI 3 31 All limitations of time set forth in the Contract Documents are of the essence of this Contract ARTICLE IV CONTRACT PRICE I 4 1 THE CONTRACT PRICE 4 1 1 The Owner shall pay and the Contractor shall accept as fuJl and complete payment for all of the Work required herein the fixed sum of jIfJ 132 Y The Sllm set forth in this Paragraph 4 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 SCHEDlILl OF VAllJES 5 11 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 slIch data as the Architect or the Owner may require to substantiate its accuracy The Contractor shall not imbalance its Schedule of Values nor artificially innate any element thereof The violation of this provision by the Contractor shall constitute a material breach of this Contract The S hcdule of Values shall be used only as a basis for tile Clllltractor s Applications lor Payment and Sh ll1 only constitute such basis after it has been acknowledged and accepted in writing by the Architect and the Owner 5 2 p nn NT Pnoco l lu 5 2 1 The Owner shall pay the Contract Price to the Contractor as provided below 5 2 2 PROGRESS PilYMENTS Based upon the Contractor s Applications for Payment submitted to the Architect and upon CCl1ificates 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 betore the 25th day of each month after commencement of the Work the Contractor shaJl submit an Application for Payment for the period ending the 15th day of the month to the Architect in sllch 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 Contractors representation that the Work has progressed to the level for which payment is requested in accordance with the Schedule of Vtues that the Work has been properly installed or perfomled 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 pal1ial payments on account of the Col1tract Price to the Contractor within thirty 30 days following the Architect s receipt and approval of each Application fOI Payment The amollnt of each pm1ial 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 Page 19CITYOfCOPPILLPllRCIISINGDEPRTMKNT255PRKWYBOlllfVRDCOPPKILTEXS75019 wR HID Q 0509 01 WAGON WHEEL PARK HASEBALL FIELDS 5 6 SURFACE DEVELOPMENT Contract The Architect s certification of the Contractor s Application It r Payment shall not preclude the Owner tj om the exercise of any of its rights as set forth in Paragraph 5 3 herein below 5 24 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 encllmbrances in favor of the Contractor or any other person or entity whatsoever 5 25 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 sllch 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 W ITlUIELD PA YMJNT 53 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 detective 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 54 I Ifwithin 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 SllBSTANTIAL C tPLETION 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 util ities damage Page 10CITYOfCOIPEJlPllRCHASINGOPRTMENT25PARKWAYBOULEVARDCOPPELLTEXAS75019 M5f DID Q 0509 0 I WAGON WHEEL PAllK llASEBALL FIELDS S 6 SURFACE 1 EYELOI MENT 10 the Work amI insurance and shall tix 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 Certiticate of Substantial Completion shall be submitted 10 the Owner and Ihe Contractor for their written acceptance of the responsibilities assigned to them in such certilicate 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 Commctor 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 con ecting and bringing into conformance all defective and nonconforming Work and handling all unsettled claims 5 6 COMPLETION AND FINAL PAnlENT t 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 wiII 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 Ifthe 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 linal payment 5 6 1 1 If the Contractor tllils to achieve tinal 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 tinal completion beyond the date set forth herein for tinal 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 bel ieves that Ii fillI 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 Ifany 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 64 Acceptance of final payment shall constitute a wniver 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 Patel1CITYoCOPPElLPlIRCJSINGDEPRTMFNT11PAltKWAYBOllLEVARDCOPPELLTEXS7S019 f BID Q 1l509 01 WAGON WHEEL I ARK BASEBALL FIELDS 5 SURFACE IEVEUWMENT ARTICLE VI THE OWNER 6 1 I FOltMATION St lwln s ANI TIIINGS RJo I IIU 1 WM OWNF R 6 1 1 The Owner shall furnish to the Conlractor al Ihe 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 Ihe Contractor only in order to make complete disclosure of such material and for no other purpose By furnishing stich material the Owner does not represent warrant or guarantee its accuracy either in whole in p8lt implicitly or explicitly or at all and shall have no liability therefor The Owner shall also furnish surveys legal limitations and utility lorations 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 pennanent changes in existing facilities 6 1 3 The Owner shall fUll1ish 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 renlses 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 Ihe cause for stoppage has been corrected no longer exists or the Owner orders that Work be resumed In stich event the Contractor shall immediately obey such order 6 3 OWN R S Rlmrr TO PJo RH RM WOltK 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 sllch stoppage to provide adequate assurance 10 the Owner that the cause of such stoppage will be eliminated or correctcd thell Ihe Owner lllilY wilhout prejudice to any other rights or rcmedies Ihe Owner Illay have against the Contractor I rmced 10 carry out the subject Work In slIch a situation all approprilte Change Order shall be isslIed ueuucting from the Contract Price the cost of correcting the subject deticiencies pillS compensation for the Architect s additional services and expenses necessitated thereby ifany Irthe 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 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 WAGON WHEEL PARK BASEBALL FIELDS 5 6 SURF ACE DEVELOPMENT 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 Conttact Documents without such notice to the Architect the Contractor shall bear responsibility for sllch 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 behalfofthe 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 10 persons or property CITY OF COPPELL PllltCItSINGDtP RTilEN J 255 PARKWAY BOUI EVARD COPPEll TEX S 7 019 PlIa 22 5 Hll Q 050 OI WAGON WlIE L PARK B SEUALL FIELI S 5 6 SlJIU CE DEVELOPMENT 7 4 W IUt iTY I 74 1 The Contractor WaJTllllts to the Owner that all labor rurnish d to progress the Work under this Conlracl wi II be compelenllO perform the tasks undertakcn that the product of stich I lbor will yield only first class results that materials and equipment furnished will be of good quality 111 1 new unless otherwise permitted by this Contract and that the Work will be of good quality free li om faults and defects and in strict conformance with this Contract All Work not conforming to these requirements Illay be considered defective 7 S 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 hlW 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 Contractors authorized representative at the site and shall be authorized to reccive 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 tollows NAME D FUNCTION f raJU V1S6V j Jy VISOY t WU e H f IS6V C4 f 5 p rV Of 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 inJividuals had been listed above 7 7 The Contractor within tifteen 15 days uf commencing the Work shall submit to the OWller and the Architcct 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 constnJction Additionally the Contractor shall maintain at the site for the Owner and Architect the approved Shop Drawings Product Data WAGON WHEEL PARK BASEBALL FIELDS 5 6 SURFACE DEVELOPMENT 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 WAGON WHEEL PARK BASEBALL FIELD 5 6 SURFACE DEVELOPMENT 7 9 1 Shop Drawings Product Data WAGON WHEEL PARK BASEBALL FIELD 5 6 SURFACE DEVELOPMENT and other submittals fi om 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 WAGON WHEEL PARK BASEBALL FIELD 5 6 SURFACE DEVELOPMENT 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 I ern OF COPI ELL l lllUII SING m PAR f n NT 2 PARKWAV BOIILEVARD CPP lI TEXAS 75019 Paae 23 r I I I I I BI D Q 05U9 U I WAGON WHEEL PARK HASEUALL FIELDS 5 6 SUI F CE DEVELOPMENT 7 10 CI E I GTIIESrn 1 Im Plw H cr 7 10 1 The Contractor shall keep the site reasonably clean during performance of the Work Upon tinal 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 ND 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 INI MNITY 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 or ANY CHARACTER TYPE OR DESCRIPTION INCLUDING ALL EXPENSES OF LITIGATION COURT COSTS AND ATroRNEY 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 LAWAND WInlOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW THE PROVISIONS OF TillS INDEMNJ 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 081AIN 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 indemnitied under this Paragraph 7 12 by an employee of the Contractor a Subcontractor anyone directly 01 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 ofdamages compensation or benefits payable by or for the Contractor 01 a Subcontractor under workers CIT m COPPEL L PlIRCIIASING DEPARTMENT 255 PARKWA Y BOULEVARD COPI ElI TEXAS 75019 Pall 24 flS BID Q 1l509 111 WAGON WHEEL PARK BASEUALL FIELDS 5 I SURFACE DEVELOI MENT I compensation acts disability benefit acts or other mploycc bencfit acts 7 13 NONI ISClUMINATION 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 whcre reasonable clccommodations 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 PltEVAllING WAGE R TES 7 14 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 intormation and other documents as may be required by the Owner to insure compliance with this provision 7 15 Jon Srn SAFJorvPllF CAUTIONS 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 it sale and secure jobsite and shall requirc its subcontractors to comply wilh this requiremcnt The Contnlctor shall immedi llcly comply with ilny and all safety rCtluiremcnls imposed by the Architect during the progress of the Work 7 16 Wt ltNING DEVIC I AND 8ARRIC IES 7 16 1 The Contractor shall furnish and maintain such wurning 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 Ilcar 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 confonn 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 I 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 n the event that the Contractor s work is or may be delayed by any other person the Contractor shall immediately g ive 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 CITV 01 COJ JELL Pl RCU SING I EPn I MENT 255 P RKWA V BOlJLEVi RD COI PEI L TEXAS 75019 Page 25 t5 HI J Q 1l5I O I WAGON WHEEL P IO HASEUALL FIELDS 5 SURFACE IlEVELOPMENT constitule a waiver of any and all claims associated therewith I ARTICLE VIII CONTRACT ADMINISTRATION 8 1 Tm I CtIITH 1 8 1 1 When used in this Contract the term Architect does not necessarily denote a duly licened trained or certified architect as lIsed 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 23 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 exccution r progress of the Work with reasonable promptncss on request of the Contractor 8 24 The Arcllitcct will revlcw the Contractor s Applications for Payment and will certify to the Owncr 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 llS necessary concerning the Contractor s submittals including Shop Drawings Product Data and WAGON WHEEL BASEBALL FIELDS 5 6 SURFACE DEVELOPMENT 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 mny 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 CIAIMS BY THE CONTRiCrOR 8 3 1 The Architect shall determine all claims and matters in dispute between the Contractor and Owner with regard to the executioll progress or sufficiency of the Work or the interpretation of the Contract Documents including but not limited to the plans and specifications Any dispute shall be submitted in writing to the Architect within seven 7 days of the event or occurrence or the first elJ OF COPPELL PllRCHASING DKP RTMENT 2 5 PARKWAY BOULEV RO COPPELL TEXAS 75019 PRce 26 WS I RIO Q 0509 01 WAGON WHEEL PARK RASEDALL FIELDS S 6 SURFACE OEVELOPMENT appearance of the condition giving rise to the claim or dispute wllo shall render a written decision within It 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 pal1y 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 fi olll 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 34 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 34 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 Ifthe 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 lime 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 Stich claim as required in this CITY OF OI JEII PURCH SING DEJ ARTMENT 2SS PAJ JWA v nOlll EVARD O PIOI I TEXAS 7S019 Page 27 HI I Q lIS09 01 WAGON WHEEL 1 tI K UASERALL FIELDS 5 6 SURFACE DEVELOPMENT Subparngmph allY claim for an CXICIlSioll of lime sll1l1 be waived The procedures and r medies provided by this provision shall be the sole rcmedy of COlltractor and Contractor shull not asscrt nor be ClIlitlcd to my additional delays or damages associated therewith I 8 4 Fn fl Olmtns 84 I 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 85 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 ofthe Project ARTICLE IX SUBCONTRACTORS 9 1 DEFINITION 9 1 I 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 Aw RI OF Sl Bn NTI CTS 9 2 1 Upon execution of the Contract the Contractor shall furnish the Owner in writing Ihe 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 Illay 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 hereofand shall provide that no claims causes or demands shall be made by any Subcontractor against the Owner 9 23 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 PERMI1TED 10 11 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 12 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 the Architect issued after execution of this Contract CITY Of COPPEIl PURCH SING I EP RTMENT 2SS PARKWAY BOUI FVAIW COPPF I L TEXAS 75019 Page 28 U II Q 1l509 0 I WAGON WIIEEL PARK BASEBAl L FIELDS SURI ACEI EVEL WMENT I authorizing and directing a change in the Work or an adjustment in the Contrnct Pricc or the Contract Time or any combination thereof The Contrnct Price and the Contract Time may bc changed only by written Change Order 10 3 CIIANGt S IN TilE CONTitAcr l ItlCE 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 I 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 Contractors 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 n such case tne 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 ti om 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 paymcllls Oil account shall be made to the Contractor 011 the ArchitcCl s Certificate for Payml lJt 10 33 I f unit prices are provided ill the Contract lnd if the quantities contemplated arc so changed in a proposed Change Order that applicaliol1 of such unit prices to the quantities of Work proposed will calise substantial inequity to the Owner or to the Contractor the applicable unit prices shall be equitably adjusted 104 MINOR CUANGES 104 1 The Architect shall have authol ity to order minor chunges 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 CUANGE ORDER 10 5 1 The execution ofa 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 noti fy 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 ClTV OF COPPEI L IllRCHASING DEPARTMENT 255 P nKWA DOlIJ EVARD COPPELl TEX S 7501 Pale 29 BID Q 0509 0 I WAGON WHEEL PARK BASE8ALL FIELDS 5 6SURFACE DEVELOPMENT ARTICLE XI UNCOVERING AND CORnECTING WORK 11 UNCOVt IUNG WOIU 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 12 If any of the Work is covered ill a manner not inconsistent with Subparagraph 1 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 112 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 I 1 2 2 relates only to the duty of he Contractor to specifically correct the Work J 1 3 OWNI R MAY ACCt PT Dt n cnv OR NONCONFORMING WORK 113 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 ofthe Project as constructed and the fair market value of the Project had it not been constrllcted in sllch a manner as to include defective or nonconforming Work Ifthe 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 fe accepting defective or nonconforming Work ARTICLE XII CONTRACT TERMINATION 12 1 TERIoIlNA nON BY filE CONTRACTOR 12 11 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 Stich items J 2 12 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 PRge 30CITYOCOIPFlIlllRCIMSINGDEPAlnllENT255PIUWAY80llJEVARDCOPPEILTEXAS75019 n ID Q 0509 0 I WAGON WHEEL PAI K BASEBALL FIELDS 5 6 SURFACE DfVELOlivIENT Contractor s performance under Ihis Contract for convenience pursuant to Subparagraph 12 2 1 hereunder 12 2 TEI 1IIN TION UY TilE OWNEI 12 2 1 FOR CONVENIENCE 12 2 11 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 l I 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 t e Owner such completed or partially completed Work and materials equipment parts fixtures information and Contract rights as the Contractor has 12 2 14 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 tile a termination claim within one I year from the effective date of termination the Owner shall pay the Conlractor 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 ll1atcrills 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 tail 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 Hi 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 ill 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 CAlJSE 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 CITY OF COPPELL PIIRCII1SING DEPARTMENT 255 J ARKW v BOUI V RD COPPELL TEXAS 7 019 Pal JI MS I BID Q OS09 01 WAGON WHEEL PARK BASEBALL FIELDS 5 6 SURFACE l EVF LOPMENT and take possession of the site and of all materials equipment tools construction equipment and machinellhereon owned by the Contractor and may finish the Work by whatever methods it may deem expedient In slIch 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 I 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 Tennination for Convenience under Subparagraph 12 2 1 and the provisions of Subparagraph 12 2 r shall apply 13 1 ARTICLE XIII INSURANCE CONTRAt70R SUALL MAINTAIN INSURANCE 13 1 1 The Contractor at his own expense shaH purchase maintain and keep in force during the life of this contract adequate insurance that will protect the Contractor andor 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 stich as blasting which may be encountered in the performance of this contract in the amounts as shown below in Paragraph 13 2 1 13 12 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 sllch insurance has been approved by the City 3 2 Tn ES ANI AMOPHS OF C NTI ACTRS INStIRAN E 13 2 1 maintain Worker s Liability tollows The Contractor shaff furnish and during the Ii te of the contract adequate Compensation and Commercial General Public Insurance in such amounts as Type of Insurance Amollnt Workers Compensation as set forth in the Worker s Compensation Act Commercial General 1 000 000 Each AccidentOccurrence Liability Public 1 000 000 Aggregate 1 000 000 Products Completed Operations Aggregate Owner s Protective Liability Insurance 600 000 per occurrence 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 Owners and Contractors Protective Liability Insurance for the Project Automobile Liability 500 000 Combined single limit per occurrence 13 3 ADDITIONAL INSunED 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 CITV o COPt EIJ lIRCIIASING DEPARTMENT 255 P RKWV UOUIEVRJ COPPEJ L TEX S 7 O 9 Paee 32 N6 lID Q 0509 0 I WAGON WHEEL I AnK BASEIlALL FIELDS 5 6 SURFACE DEVELOPMENT mail to the Division of Purchasing City of Coppell 255 Parkway Blvd Coppell Texas 75019 13 5 1 U MllllIS ANI ASSt SSl nNTS 4 obtain from each person providing services on a project and provide to the govelllmental entity 13 6 C1mTIFIcTE 01 INSlJRANCE A a certificate of coverage prior to that person beginning work on the project so the governmental entity will have on file cCI1ificates 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 Companies issuing the insurance policies shall have no recourse against the City for payment of any premiums or asscssments for any deductibles which are at the sole responsibility and risk of the Contractor 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 msurance policy shown on the CerJiticate of Insurance has an expiration date that is prior to the completion and final acceptance of tile project by the City ofCoppell the contractor shall furnish the City proof of identical continued coverage no later than thirty 30 days prior to the expiration date shown on tb Certificate of Insurance 5 retain all required certificates of coverage on file for the duration of the project and for one year thereafter 13 7 PIUMARY 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 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 I provide coverage for its employees providing services Oil a project for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements 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 mllst 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 WAGON WHEEL PARK BASEBALL FIELDS 5 6 SURFACE DEVELOPMENT notice without any additional words or changes 13 8 1 The Contractor shall 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 REQUIRED WORKERS COMPENSATION COVERAGE crrv m COPPEI I llRCfI SING D1i P RTMENJ a PAI KWA UOlII VAlm oJP L1 TEXAS 7SOJ9 Pallr 33 N5f IJ ID Q 0509 0 I WACON WIIEEL I ARK BASEBALl FIELOS 5 6 SURFACE DEVELOPMENT 1 IJ The law requires Ihat each person working on this site or prov ding services related to this construction project mllst be covered by workers compensatillll 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 oftheir employer or status as an employee Call the Texas Workers Compensation Commission at 512440 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 f A provide coverage based on proper re porting 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 8 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 cnds during the duration of the project E obtain from each other person with whom it contracts and provide to lhe Contractor i a certificate of coverage prior to the other person beginning work on the project and ji prior to the end of the coverage period a new certiticate 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 O notify the governmental entity in writing by cCltified 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 ORDINt NCES 14 11 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 fUl1her 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 CI1Y Oil OPPF1 L PlIRnlASING DEPARTMENT 25 P RKWAUOllLEVARD COPPELI TEXAS 75019 Page 34 msf BID Q U509 01 WAGON WHF EL PARK UASEHALL FIELl S 5 6 SURFACE Df VELOPMENT 14 3 StT SS mS AND ASSIGNS I 14 3 1 The Owner and Contractor bind themselves their SlIccessors assigns and legal representatives to the other party hereto and to sllccessors assigns and legal representatives of sllch 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 StJRETY BONDS f 14 4 1 If the Contract Price exceeds the sum of 25 000 00 the Contractor shall furnish separate pet formance 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 tinal 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 Slim 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 sllch 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 144 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 J 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 jf the invalid void or uncntorccable portion had not be included herein 14 6 AlU NtlM ENTS 14 6 1 This Contmct 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 01 nonconforming work or to entol ce any provision hereof shall in no event be regarded as or construed to be a waiver release or modification of any term or provision in this Contract nor shall such failure to object or enforce stop the Owner fi om 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 CITY 01 COPPELL PUI CH SJNC DEPAIHMKNT 2 5 PARKW Y 1I01ll EVARD COPPELL TEXAS 75019 Page 35 M5r I I t i I J I I I I I I I f I BID Q 0509 01 WAGON WHEEL PARK UASEBALL Fil LDS 5 6 SURFACE I EVELOPMENT EXECUTED in single or multiple originals this day of 20 CITY OF COPPELL CONTRACTOR APPROVED President of CRDC Greg Garcia gnature like fJ ltr tinAtuJq TypeIPrint Namelmd Title If trx 2 1 q Street Address b OO n 71 tZy City State Zip ATTEST Witness City Manager Clay Phillips A TrEST Witness CITY O COl PF Il PURCII SING DEPARTMINT Z5S I RKW 1l01ll EVAIlD copn LlTEXAS 75019 Page 36 m f I I J II II Q 1I509 0 I WAGON WHEEL IlAHK BASEBALL F IELllS SV 6 SURFACE DEVELOPMENT COR ORAIE ACKNOWI GMENT TilE ST n DI 1iX fS LA1LIiJfNTCOUNTYOF BEFORE ME the lInd rsigned a hority a Notary Public in and for said County and State on this day personallyappearedea1IIIell1itr Print Name fI1M lfu Tifle 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 dced of sllch corporation for the purpoaod onsid ion hereio exp ed and in the P i 2he stated MGIVENUNDERMYHANDANDSEALOFOFFICEthisheJdayof A D 200 My Commission expires a q olJ 1IIff J Jh ri t l 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 heshe 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 capacitythereinstated CITY MANAGER S ACKNOWLEDGMENT TilE STATE OF TEXAS COUNTY OF DALLAS 200 GIVEN UNDER MY I lAND AND SEAL OF OFFICE this day of A D Notary Public in and for the State of Texas My Commission expires CITY 0COPI II l U1U IIASIN OEPAltTMENI 25SI t RKWAY BOllIEV lm COPI I L nXAS 7 019 PlIge 37 t5 I ACORDa CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND ORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIESBELOW CRAIG DEWITT INSURANCE AGENCY 1401 North Plaza Drive Granbury TX 76048 817 279 7200 INSURED SPORTS FIELD SOLUTIONS LLC COVERAGES PO BOX 26945 BENBROOK TX 76126 1 INSURERS AFFORDING COVERAGE INSURER A SAFECO INSURANCE INSURER B INSURER C INSURER 0 INSURER E NAIC THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDINGANYREQUIREMENTTERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHISCERTIFICATEMAYBEISSUEDORMAYPERTAINTHEINSURANGEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMSEXCLUSIONSANDCONDITIONSOFSUCHPOLICIESAGGREGATELIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMS lIi R DII L TVIJ n POLICY NUMBER I nPJ9J AAWr S9lrEXf N LIMITS LTR N8RD ATE MMlD NERAl LIABILITY EACH OCCURRENCE S 1 000 000XCOMMERCIALGENERALLIABILITY PREMISES Ea oCQJrence 200 000XIClAIMSMADE0OCCURMEDEXPAnyoneperacnS10000AA01CII0610510101808101809PERSONALADVINJURYS1000non GENERAl AGGREGATE S 2 000 000 il AGG rt liMIT AFlS PER PRODUCTS COMProPAGG S 2 000 000 POLICY prRT LOC TOMOBILE LIABILITY COMBINED SINGLE LIMIT 1 000 000ANYAUTOEeaccident AU OWNED AUTOS BODilY INJURY SCHEDULED AUTOS Per peqon A A HIRED AUTOS 01Cll0610510 10 18 08 10 18 09 BODILY INJURY Per accldentNONOWNEDAUTOS PROPERTY DAMAGE SPeraccldenl jGE LIABILITY AUTO ONLY EA ACCIDENT ANYAUTO OTHER THAN EAACC S AUTO ONLY AGG S ESS I UMBRELLA lIABILITY EACH OCCURRENCE SIOCCURCICLAIMSMADEAGGREGATE R DEDUCTIBLE RETENTION WORKERS COMPENSATION I i I IUlHANDEMPLOYERSlIABILITYTORYLIMITSERYINNoIVPIlOPRlETORIPARTNERlEXECUTIVElli101Cll061051051095110ElEACHACCIDENT 1 000 000OFFICERlMEMIlEREXCLUDED 1 000 000AMondotoryMilElDISEASEEAEMPLOYEEIffIIdeacribeundet 1 000 000SECIAlPROVISIONSbelowElDISEASEPOLICYLIMITS OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENTI SPECIAl PROVISIONS TURF GRASS INSTALL CERTIFICATE HOLDER City of Coppell CANCELLATION HOULD NoIV OF THE ABOVE DESCRIBED POLlCIE BE CANCELLED BEFORE THE EKPIRATlOII DATI THERIOP THE la8UINQ INSURER WllI ENDEAVOR TO MAIL DAYS WRITTEN ACORD25 2009 01 @1988 20 9A The ACORD name and logo are registered marks of ACORD IlEPRESENTATIVE8 AUTHORIZED REPRESENTAT l77 Coppell TX ttJ SJ V wr ureTe c v BID BOND KNOW ALL MEN BY THESE PRESENTS that we SDorts Field Solutions lLC as principal hereinafter called the Principal and SURETECINSURANCE COMPANY as surety hereinafter called the Surety are held and firmly bound unto City of Coppell as obligee hereinafter called the Obligee in the sum of 5 of the greatest amount bid by Principal for the payment of which sum well and truly to be made the said Principal and the said Surety bind ourselves our heirs executors administrators successors and assigns jointly and severally firmly by these presents WHEREAS the principal has submitted a bid for Wagon Wheel Park Baseball Fields 5 6 NOW THEREFORE if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid enter into a contract in writing or in the event of the failure 9f the Principal to enter into such ContractIfthePrincipalshallpaytotheObligeethedifferencenottoexceedthepenaltyhereofbetweentheamountspecifiedinsaidbidandsuchlargeramountforwhichtheObligeemayingoodfaithcontractwithanotherpartytoperformthework covered by said bid then this obligation shall be null and void otherwise to remain in full force and effect PROVIDED HOWEVER neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of thefinalcontractshallfurnishevidenceoffinancinginamannerandformacceptabletoPrincipalandSuretythatfinancinghasbeenfirmlycommittedtocovertheentirecostoftheproject SIGNED sealed and dated this 26th day of Mav 2009 lLC ndP TITLE er J1 e t I r rr I I I r It I I 0 I I RET Y Sonia Lara I AttOine lo F ct j f I I I I j f i i l POAII 5048261 SureTec Insurance Company LIMITED POWER OF ATTORNEY KnoA IMtll by TI ese Presellts That SURETBC INSURANCE COMPANY the Company a corporation duly organized and existing under the laws of the State of Texas and having its principal office in Houston Harris County Texas does by these presentsmakeconstituteandappoint Sonia Lara its true and lawful Attorney in fact with full power alld authority hereby conferred ill its name place and stead to execute ac1cnowledgeanddeliveranyandallbondsrecognizancesundertakingsorotherinstruments01contractsofsuretyshiptoincludewaiverstotheconditionsofcontractsandconsentsofsuretyfor Principal Sports Field Solutions LLC Obligee City of Coppell Amount 249 932 51 and to bind the Company thereby as fully and to the same extent as ifsuch bond were signed by the President sealed with the corporatesealoftheCompanyanddulyattestedbyitsSecretaryherebyratifyingandconfJlmingallthatthesaidAttorneyinFactmaydointhe premises Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company Be it Resolved that the President any Vice President any Assistant Vice President any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoJnt anyone or more suitable persons as Attorney s in Pact to represent and act for and onbehalfoftheCompanysubjecttothefollowingprovisions AtlofneJin Fact may be given full power and authority for and in the name of and ofbehalf of the Company to execute acknowledge and deliver any and all bonds recognizances contracts agreements or indemnity and other conditional or obligatory undertakings and any and all notices Bnd documents canceling or terminating the Company s liability thereunder and any such instruments so executed by any such Attorney In Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate SecretaryBeitResolvedthattbesignatureofanyauthorizedofficerandsealoftheCompanyheretoforeorhereafteraffixedtoanypowerofattorney or any certificate relating thereto by facsimile and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undeltaking to which it is attached Adopted at a meeting held on lr1 ofAprilJ999 In WUIIUS Whereof SURETBC INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 1st day ofApril A D 2007 uRANo i q 1 J r On this 1st day of April A D 2007 before me personally came BJ King to me known who being by me duly sworn did depose and say that he resides in Houston Texas that he is President of SURETEC INSURANCE COMPANY the company described In and which executed the above instrument that he knows the seal of said Company that the seal affixed to said instrument is such corporate seal that it was so affixed by order of the Board of Directors of said Company and that he signed his name thereto by like order By CE COMPANY State of Texas County of Harris ss R My commission expires September II 2010 I M Brent Beaty Assistant Secretary ofSURETEC INSURANCE COMPANY do hereby certify that the above and foregoing is a true and correct copyofaPowerofAttomeyexecutedbysaidCompanywhichisstillinfullforceandeffectandfurthermoretheresolutionsoftheBoardofDirectorsset outin the Power of Attorney are in full force and effect t D RHONDA MCCARY NotIry PublIc Stete of Texas My Comml8l1lon ExpIres September 1 1 20 10 I Given under my hand and the seal of said Compan ai Hiu ton Texl s th s 26th I 2009 AD M Brent Beaty Assistant cretary I jAnyInstrumentIssuedInexcessofthepenaltystatedao18rotally vollnd without any validityForverlflcaUonoftheauthorityofthispoweryoumaycall7138OaOonybusinessdaybetween 8 00 am and 5 00 pm CST SureTeclnsurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint You may call the Surety s toll free telephone number for information or to make a complaint at 1 866 732 0099 You may also write to the Surety at SureTec Insurance Company 9737 Great Hills Trail Suite 320 Austin Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies coverage rights or complaintsat18002523439YoumaywritetheTexasDepartmentofInsuranceat PO Box 149104 Austin TX 78714 9104 Fax 512475 1771 Web http www tdi state tx us Email ConsumerProtection@tdi state tx us PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the Surety first If the dispute is not resolved you may contact the Texas Department of Insurance Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for and the surety shall not be liable for losses caused by acts of terrorism riot civil insurrection or acts of war Exclusion of Liability for Mold Mycotoxlns Fungi Environmental Hazards The Bond to which this Rider is attached does not provide coverage for and the surety thereon shall not be liable for molds living or dead fungi bacteria allergens histamines spores hyphae or mycotoxins or their related products or parts nor for any environmental hazards bio hazards hazardous materials environmental spills contamination or cleanup nor the remediation thereof nor the consequences to persons property or the performance of the bonded obligations of the occurrence existence or appearance thereof I f l I I I r I I I r I I I BID Q 0509 1I1 WACON WHEEL PAI K BASEBALL FIELDS 5 6 SURFACE IEVF LOPMENT PEnFOWVIANCE BOND STATE OF TEXAS COUNTY or 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 munici al corporation organized and existing under the laws of the State of Texas hereinafter called I 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 admmistrators 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 pricedecreasethepenalsumofthisBond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas the PrincipalenteredintoacertainContractwiththeCityofCoppelltheOwnerdatedthedayof 2009 which is made a part hereof by reference for the construction of certain public improvements that are generally described as follows Construction of the WAGON WHEEL BASEBALL FIELDS 5 6 SURFACE DEVELOPMENT Bid No Q 0509 04 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 01 without notice to the Surety and during the life of an 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 hel eafter be made notice of which modifications to the Surety being hereby waived and if the Principalshallrepairandorreplacealldefectsduetofaultymaterialsandworkmanshipthatappearwithin a period of one 1 year from the date of final completion and final acceptance of the Work byOwnerandifthePrincipalshallfullyindemnifyandsaveharmlesstheBeneficiaryfromall 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 Beneticiary mayincurinmakinggoodanydefaultofdeficiencythenthisobligationshallbevoidotherwise1t 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 ITY OFCOPP JI l UltCIJASING m PARTMENT 2SS PAltKWA 80UIEV IU COJ Pf Il TEXAS 7 019 I g 38 N6 I I I I t I I I l I t t I 1 B II Q U511l 1I1 WAGON WHEEL PARK B SEBALL FIELDS 5 UH FACE IFVELOPMt NT ANI I ROVIDED FURTHER that the said Surety IlH value received herebystipuiatcsundagreesthatnochangeextensionoftimeaitcrationoradditiontoContractortotheWorkperformedthereunderorthespccilkationsaccompanyingthesameshallinanywayaffectitsobligationonthisBondanditdocsherebywaivenoticeofanyslIchchangeextensionoftimealterationoradditiontothetermsoftheContractortotheWorkortotheSpecifications 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 theResidentAgentinTanantCountyorDallasCountytowhomanyrequisitenoticesmaybedeliveredandonwhomserviceofprocessmaybehadinmattersarisingoutofsuchsuretyshipasprovidedbyArticle7191oftheInsuranceCodeVernonsAnnotatedCivilStatutesoftheStateofTexas IN WITNESS WHEREOF this instrument is executed in of which shall be deemed an original this the day of copies each one 2009 PRINCIPAL SURETY By Title ATTEST By Title ATTEST The Resident Agent of the Surety in Dallas or Denton County Texas for delivery of notice andserviceoftheprocessis NAME ADDRESS NOTE Dale of Performance Bond must be date of Contract IfResident Agent is not a cOfpol ation give a person s name CITY OF COI I F II I IIRCIIASING I I ART NT 2 PARKWAY nOtll liVARD COPPEL L TEXAS 7 019 I agt 39 I l I I I I 1 t I I l J i Bll Q 050l I WAGON WHEEL PARI BASEDALL FIELDS 5 6 SURFACE DEVELOPMENT I AYMENT BOND STA TE 0 F TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS That whose address is hereinafter called Principal and a corporation organized andexistingunderthelawsoftheStateofandfullylicensedtotransactbusinessintheStateofTexasasSuretyareheldandfirmlybounduntotheCITYOFCOPPELLTEXASamunicipalcorporationorganizedandexistingunderthelawsoftheStateofTexasa municipal corporation organized and existing under the laws of the State of Texas hereinaftercalledIIOwnerinthepenalsumof dollars in lawful money of the United States to be paid in Dallas County Texas for the payment of which sumwellandtrulytobemadewebindourselvesourheirsexecutorsadminIstratorsandsuccessorsjointlyandseverallyfirmlybythesepresentsThisBondshallautomaticallybehlcreasedbythe amount of any Change Order or Supplemental Agreement which increases the Contract price butinnoeventshallaChangeOrderorSupplementalAgreementwhichreducestheContractpricedecreasethepenalsumofthisBond THE OBLIGAnON TO PAY SAME is conditioned as follows Whereas the PrincipalenteredintoacertainContractwiththeCityofCoppelltheOwnerdatedthedayof 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 WAGON WHEEL PARK BASEBALL FIELDS 5 6 SURFACE DEVELOPMENT Bid No Q 0509 04 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 andclaimantssupplyinglaborandormaterialintheprosecutionoftheWorkprovidedforinsaid 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 obligationshallbevoidotherwiseitshallremaininfullforceandeffect PROVIDED FURTHER that if any legal action be tiled on this Bond exclusive Venue shall lie in Dallas County Texas AND PROVIDED FURTHER that the said Surety for value received hereby stipulatesandagreesthatnochangeextensionoftimealterationoradditiontoContractortotheWorkperformedthereunderorthePlansSpecificationsDrawingsetcaccompanyinthesameshall In anywise affect its obligation on this Bond and it does hereby waive notIce of any sllch change extension of time alteration or addition to the terms of the Contract or to the Work to be performed thereunder ITV OF COPPEIl JlIRCIIASING DEPARTMENT ZS5 PARKWAV BOUI EVARD 011 10 11 nXAS 7 19 l alle40 f r I I I I I I I I I i I j 1m Q 0509 0 I WAGON WIH L PARK IJASEBALL FIEU S 5 6 SURFACE DEVELOPMENT fhis Bond is given pursuant to the provisions of Article 5160 of Vernon s AnnotatedCivilStatutesandanyotherapplicablestatuesoftheStateofTexas The undersigned and designated agent is hereby designated by the Surety herein as theResidentAgentinTarrantCountyorDallasCountytowhomanyrequisitenoticesmaybedeliveredandonwhomserviceofprocessmaybehadinmattersarisingoutofsuchsuretyshipasprovidedbyArticle7191oftheInsuranceCodeVernonsAnnotatedCivilStatutesoftheStateofTexas IN WITNESS WHEREOF this instrument is executed in of which shall be deemed an original this the day of copies each one 2009 PRINCIPAL SURETY By Title By Title ATTEST ATTEST The Resident Agent of the Surety in Dallas or Denton County Texas for delivery of notice andserviceoftheprocessis NAME ADDRESS NOTE Date ofPayment Bond tntst be date of Contract If Resident Agent is not a corporation give a person s name CITY 0 cOPP JI PlIRCIIASINGm PARTMENT 25 PAltKW Y DOlJl EVAltD COPPELL TEXAS 7 019 Page J iS I I I I 1 I I I I 1 t HII Q 0509 01 WAGON WHEEL PARK UASEDALL FIELDS 5 6 SURfACE DEVELOPM NT Additionnl Cntr lctor QU llitic ltions Notlcss than 5 years of continllolls experience installing and renovating athletic tields Experience to include Laser Grading the installation of underground drainage irrigation systems infield materials infield conditioners mounds sodding and grow in Contractor to furnish a minimum of 5 references fi om either professional college high school or competition fields that have been constructed along with contact information Please list all athletic fields completed Contractor to furnish references from material suppliers specitled for this project that demonstrates ability to install their products and credit worthiness If the contractor hasn t had dealings with a particular supplier then furnish a letter to that effect Selection Criteria It is our intent to select the contractor that provides the best value not necessarily the lowest bid price to the owner The selection committee shall consist of representatives of the landscapearchitectandownerandspecificallyaddressthefollowingitemstomakethedecision 1 Bid Price 2 Contractors Qualifications 3 Quality and quantity of similar projects 4 Past references 5 Supplier references 6 Financial ability to complete project 7 The probability that the contractor can perform in accordance with the proposal documents 8 The ability to complete the project on schedule Project Schedule The construction schedule is of the upmost importance pertaining to this project in particular the baseball fields Construction on the fields may begin June 15 2009 Fields need to be broom finished and ready to play by September 4 2009 Bid T lbulations nnd Line Items The city reserves the right to accept all or part of the submitted bid Bids may be broken down by individual field or line item as deemed necessary or prudent by the city CITY OF COPPELL I tiIKfI SIN DF I AlnlU NT 255 PAI KWA Y BOlll EVARD cOPP JJ TEXAS 75019 Page ITEM APPROX NO QUANTITY BID PROPOSAL CITY OF COPPELL FIELD SURFACE DEVELOPMENT fQB WAGON WHEEL PARK BASEBALL FIELD 5 A1 AJ uw DESCRIPTION OF ITEMS TO BE UNIT TOTAL FURNISHED AND INSTALLED BID PRICES WRITTEN IN WORDS PRICE AMOUNT Jf1ffi5tJf tJ 52 J1f1 i71 t kJb1 Dollars to L6 t7kCents B 1 20 138SF B 2 20 138 SF B 3 215 LF B4 136 LF B 5 19 LF B 6 15 793 SF B 7 15 793 SF B8 3 830 SF B 9 465 SF Sportsedge Channel Drain wI Variable Height Concrete Curb wI Thennoplaslic Grate tIurIN b it Dollars Hb Cents 6 PVqohili1tIUJMI Dollars Cents Heavy Duty 18 Oz Vinyl Laminated Pad ForestGF alwn zdlps SIueIt 6VJt Dollars Cents Tlfway41 Sol ifI OB Cents PI 3 t iJ j1 5J 5 1tJJt 87 1 r 5JfJ 7 0 mJi 7 tl 2 JI5 AJ ITEM APPROX DESCRIPTION OF ITEMS TO BE UNIT TOTAL FURNISHED AND INSTALLED NO QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT B 10 100 SF Diamond Pro Unfired Clay Bricks or approved 11 1 11AiDollars1IIfICents 811 3 830 SF Diamond Pro Red Infield Conditioner approved 4tlZJfDoflars69Cents 8 12 2 EA Concrete Dugout ith ik Proof Turf 931 9 3ekttJNItDollars Cents 8 13 2 EA con ja wi proo tii fbYMolI1IAIDollars Jto Cents 8 14 1 EA 20 Diameter 16 oz Slake Down Home Plate 1S 19 IJlhT1XDollars AIV Cents 8 15 1 EA 12 Diameter 16 oz Stake Down Pitchers nYJrJ Green Dollars LjtJI1t H Cents 816 1 LS bCJ fA t tJt SDollarsZlJljlitCents I B 17 1 LS Provide 3D Day aij 4 1 1J3 2 331UJuffMJMJDollars It Cents I 8 18 13 LF Sportsedge Channel Drain wi Variable Height Concrete Curb wi Slotted 504 Cast IZGrate i J IJt1PNJthu1uJJf4ollars liD Cents I B 19 1 LS Professional home plate permanent pitching r basF Dollars IJ ddd4J Cents B SUB TOTAL BASEBALL FJELD 5 1 fBASEBIDA1 A BID PROPOSAL CITY OF COPPELL FIELD SURFACE DEVELOPMENT fQB WAGON WHEEL PARK BASEBALL FIELD 6 lA11 ITEM APPROX NO QUANTITY DESCRIPTION OF ITEMS TO BE FURNISHED AND INSTALLED BID PRICES WRJTTEN IN WORDS UNIT TOTAL PRICE AMOUNT C 1 36 306 SF tlLDeCulfkJJ Dollars fZ 1I1 9 J Cents C 2 36 306 SF Laser GHJ iuJ 120 2iwuDollars AfI9 Cems C3 228 LF Sportsedge Channel Drain wi Variable Height Concrete Curb wi Thermoplastic Grate IS 3 1 ftlJjllwfftftDollars 4 Cents C4 104 LF 6 VC to SloPlconcr d atment J7 1 1J11I4Dollars Cents C 5 20 LF Heavy Duty 18 Oz Vinyl Laminated Pad 4ForestGreenhungwJluminumzc1ips1tJtJDollars Cents C6 27 000 SF SlljVl wiJJ lIars i1 2 It Jt 0 Cents C 7 27 000 SF 2I g Ctt tJJItDOllarS 19 J tJCerns C 8 8 438 SF Diamond Pro Infield Surface Mix or approved I F1 1 d J trDollars Cents C g 868 SF Diamond Pro Infield Clay or approved equal Sft JIPDollarsCents Sf C 19 C 20 c 18 LF Sportsedge Channel Drain wi Variable Height Con ete Curb wi Slotted 504 ast Iron Grate Dollars Iff Cents Ad j tl Professional home plate permanent pitching rubber removable pitching rubber bases and d4Md4did IJ 1f ct 1 LS SUB TOTAL BASEBALL FIELD 6 BASE BID A1 fst BID PROPOSAL CITY OF COPPElL FIELD SURFACE DEVELOPMENT FOR WAGON WHEEL PARK BASEBALL AREA Au AND FIELDS 5 AND 6 IrEM APPROX DESCRIPTION OF ITEMS TO BE UNIT TOTALFURNISHEDANDINSTALLEDNOQUANTITYBIDPRICESWRITTENINWORDSPRICEAMfUNT SUB TOTAL BASEBAll AREA A f i IJBASEBID 13 SUB TOTAL BASEBALL FIELD 5 1 LJ fLBASEBID SUB TOTAL BASEBALL FIELD 6 35 till JBASEBID TOTAL BASE BID ii 7Jt 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 June 9, 2009 15 ✔ CONTRACT/BID or PROPOSAL Consider approval to award Bid #Q-0509-02 in the amount of $1,406,827.79 to JRJ Paving, Inc. for the reconstruction and widening of South Coppell Road between Bethel Road and Southwestern Boulevard, Project #ST 07-02; and authorizing the City Manager to sign and execute any necessary documents. Approval of this contract will allow the reconstruction of South Coppell Road to begin in early summer 2009. Staff will be available to answer any questions at the Council meeting. Funds are available in the 2007 Street CIP fund for this contract. Staff recommends award of the bid to JRJ Paving, Inc. #Award Contract for S. Coppell Rd MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Keith R. Marvin, P.E., Project Engineer DATE: June 9, 2009 RE: Consider approval to award Bid #Q-0509-02 in the amount of $1,406,827.79 to JRJ Paving, Inc. for the reconstruction and widening of South Coppell Road between Bethel Road and Southwestern Boulevard, Project #ST 07-02; and authorizing the City Manager to sign and execute any necessary documents. On May 12, 2009 the City of Coppell received and opened twelve bids for the reconstruction of South Coppell Road, from Bethel Road to Southwestern Blvd. The twelve bids ranged from a low bid of $1,326,827.79 to a high of $1,705,469.65. This project was bid as an “A plus B” bid, where the base bid listed above is the ‘A’ and the length of time, in days, times $1,000 becomes the ‘B’ amount. The time bid to complete the project ranged from 150 days to 250 days. The engineer’s estimate for the project was $1,766,000. As you can see from the attached bid tabulation, the length of time bid had some bearing on the order of the bidders. However it did not affect the overall low bidder. The low bidder bid 210 calendar days. The value of the days is used in the comparison of bids, however it is not included in the contract award. We are however including $80,000 in the award amount for a potential early completion bonus. We calculated this bonus using the same $1,000 per day value with a total maximum bonus. This project is designed to replace the current 24-foot wide asphalt street with a 37-foot wide concrete street with improved drainage, utilities, a new sidewalk on both sides of the road, improved lighting, and approximately 130 on-street parking spaces. The low bidder on this project was JRJ Paving, Inc. from Dallas. The city’s design consultant has reviewed their references, financials, and work history, and they have provided the attached assessment. JRJ has done several projects for the City of Coppell in the past. They are qualified to complete this project. There were some inconsistencies in several of the bids received. JRJ had three issues with their bid. They used the incorrect bid schedule, they had an addition error in one of their items, and they did not include a unit price for one bid item. The engineering department consulted with the Purchasing Manager and the City Attorney for guidance with these issues. The consensus was that if we could determine from the bid what the contractor intended to submit for pricing, we could waive the inconsistencies. We were in fact able to calculate the missing unit price by subtracting the sum of the other items from the total amount bid. The addition error turned out to be a rounding error. The contract document gives the city the right to waive these informalities, and we believe that is in our best interest. JRJ is in agreement with the numbers as shown in the attached bid tabulation, and they are still the low bidder. Staff recommends the award of the South Coppell Road project, from Bethel Road to Southwestern Blvd. to JRJ Paving, Inc. in the amount of $1,406,827.79, with 210 calendar days. This award amount includes the $80,000 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. Client City of CoppellProject: Coppell Road South Infrastructure ImprovementsBid Date: May 12,2009Project No.: CPL07392#Quantity Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost11.00 LS 44,780.00 44,780.00 65,000.00 65,000.00 59,000.00 59,000.00 50,500.00 50,500.00 25,000.00 25,000.00 70,000.00 70,000.00 75,000.00 75,000.00 21.00 LS 88,173.75 88,173.75 6,500.00 6,500.00 52,000.00 52,000.00 7,500.00 7,500.00 11,500.00 11,500.00 25,000.00 25,000.00 35,000.00 35,000.00 322.00 STA 165.28 3,636.16 2,500.00 55,000.00 1,375.00 30,250.00 2,580.00 56,760.00 795.00 17,490.00 1,632.00 35,904.00 2,000.00 44,000.00 41.00 LS 3,411.45 3,411.45 2,000.00 2,000.00 6,500.00 6,500.00 3,500.00 3,500.00 5,871.00 5,871.00 10,250.00 10,250.00 6,000.00 6,000.00 52.00 EA 262.50 525.00 500.00 1,000.00 400.00 800.00 400.00 800.00 500.00 1,000.00 540.00 1,080.00 500.00 1,000.00 610,747.00 CY 7.88 84,686.36 5.00 53,735.00 7.00 75,229.00 6.00 64,482.00 7.40 79,527.80 9.49 101,989.03 11.00 118,217.00 71,009.00 CY 4.09 4,126.81 10.00 10,090.00 1.00 1,009.00 0.50 504.50 2.90 2,926.10 7.82 7,890.38 7.00 7,063.00 86,569.00 SY 2.98 19,575.62 5.00 32,845.00 3.00 19,707.00 3.00 19,707.00 3.40 22,334.60 3.59 23,582.71 4.00 26,276.00 91,070.00 SY 10.05 10,753.50 5.00 5,350.00 6.00 6,420.00 7.00 7,490.00 3.60 3,852.00 5.43 5,810.10 11.00 11,770.00 10556.00 LF 4.13 2,296.28 5.00 2,780.00 3.00 1,668.00 4.50 2,502.00 3.10 1,723.60 2.80 1,556.80 2.00 1,112.00 112.00 EA 150.00 300.00 150.00 300.00 500.00 1,000.00 250.00 500.00 250.00 500.00 150.00 300.00 200.00 400.00 121.00 EA 750.00 750.00 500.00 500.00 700.00 700.00 1,800.00 1,800.00 1,000.00 1,000.00 1,050.00 1,050.00 800.00 800.00 13734.00 LF 12.36 9,072.24 5.00 3,670.00 11.00 8,074.00 8.00 5,872.00 6.30 4,624.20 10.50 7,707.00 6.00 4,404.00 144.00 EA 123.60 494.40 200.00 800.00 174.00 696.00 200.00 800.00 300.00 1,200.00 150.00 600.00 200.00 800.00 153.00 EA 592.25 1,776.75 1,000.00 3,000.00 1,900.00 5,700.00 1,100.00 3,300.00 1,870.00 5,610.00 1,082.00 3,246.00 1,400.00 4,200.00 1610.00 EA 10.30 103.00 1,500.00 15,000.00 2,100.00 21,000.00 1,600.00 16,000.00 2,025.00 20,250.00 1,035.00 10,350.00 1,400.00 14,000.00 171.00 LS 927.00 927.00 2,000.00 2,000.00 680.00 680.00 5,800.00 5,800.00 670.00 670.00 670.00 670.00 2,000.00 2,000.00 183.00 EA 2,729.50 8,188.50 2,500.00 7,500.00 5,700.00 17,100.00 3,800.00 11,400.00 5,595.00 16,785.00 3,150.00 9,450.00 5,500.00 16,500.00 191.00 EA 144.20 144.20 250.00 250.00 2,500.00 2,500.00 900.00 900.00 2,600.00 2,600.00 450.00 450.00 400.00 400.00 2011,983.00 SY 2.14 25,643.62 3.00 35,949.00 1.40 16,776.20 2.50 29,957.50 3.65 43,737.95 1.67 20,011.61 4.00 47,932.00 21252.00 TON 147.45 37,157.40 150.00 37,800.00 135.00 34,020.00 135.00 34,020.00 150.00 37,800.00 148.00 37,296.00 133.00 33,516.00 2210,977.00 SY 33.15 363,887.55 35.00 384,195.00 28.00 307,356.00 33.50 367,729.50 32.25 354,008.25 33.05 362,789.85 37.00 406,149.00 2330.00 SY 113.40 3,402.00 70.00 2,100.00 110.00 3,300.00 75.00 2,250.00 110.00 3,300.00 60.50 1,815.00 143.00 4,290.00 241,474.00 SY 38.24 56,365.76 50.00 73,700.00 40.00 58,960.00 45.00 66,330.00 40.00 58,960.00 35.00 51,590.00 35.00 51,590.00 25216.00 SY 18.86 4,073.76 20.00 4,320.00 21.00 4,536.00 22.75 4,914.00 30.00 6,480.00 22.06 4,764.96 35.00 7,560.00 261,287.00 SY 23.49 30,231.63 25.00 32,175.00 25.00 32,175.00 24.50 31,531.50 25.90 33,333.30 25.85 33,268.95 24.00 30,888.00 27153.00 LF 10.00 1,530.00 5.00 765.00 10.00 1,530.00 10.00 1,530.00 10.00 1,530.00 8.50 1,300.50 10.00 1,530.00 281,942.00 SY 31.54 61,250.68 35.00 67,970.00 36.00 69,912.00 30.85 59,910.70 43.65 84,768.30 27.94 54,259.48 31.00 60,202.00 2950.00 SY 20.00 1,000.00 30.00 1,500.00 20.00 1,000.00 5.50 275.00 15.00 750.00 15.00 750.00 12.00 600.00 30590.00 EA 2.68 1,581.20 3.00 1,770.00 3.00 1,770.00 2.70 1,593.00 2.65 1,563.50 2.80 1,652.00 3.00 1,770.00 31145.00 EA 6.83 990.35 10.00 1,450.00 7.00 1,015.00 6.60 957.00 6.70 971.50 7.15 1,036.75 3.00 435.00 321.00 LS 5,236.35 5,236.35 6,000.00 6,000.00 5,300.00 5,300.00 5,240.00 5,240.00 5,140.00 5,140.00 5,500.00 5,500.00 5,000.00 5,000.00 337.00 EA 420.00 2,940.00 500.00 3,500.00 310.00 2,170.00 425.00 2,975.00 412.00 2,884.00 440.00 3,080.00 300.00 2,100.00 3412.00 EA 404.25 4,851.00 450.00 5,400.00 310.00 3,720.00 400.00 4,800.00 397.00 4,764.00 425.00 5,100.00 300.00 3,600.00 352,300.00 SY 4.73 10,879.00 4.90 11,270.00 3.00 6,900.00 3.25 7,475.00 4.69 10,787.00 4.50 10,350.00 4.00 9,200.00 362.00 LS 1,500.00 3,000.00 500.00 1,000.00 250.00 500.00 2,400.00 4,800.00 3,125.00 6,250.00 1,200.00 2,400.00 2,000.00 4,000.00 37300.00 LF 12.36 3,708.00 15.00 4,500.00 16.00 4,800.00 12.00 3,600.00 12.40 3,720.00 13.20 3,960.00 12.00 3,600.00 38100.00 LF 180.25 18,025.00 200.00 20,000.00 140.00 14,000.00 210.00 21,000.00 217.00 21,700.00 231.00 23,100.00 35.00 3,500.00 39356.00 LF 38.11 13,567.16 60.00 21,360.00 60.00 21,360.00 58.00 20,648.00 57.70 20,541.20 69.89 24,880.84 45.00 16,020.00 4054.00 LF 41.20 2,224.80 65.00 3,510.00 64.00 3,456.00 60.00 3,240.00 63.35 3,420.90 72.58 3,919.32 48.00 2,592.00 41155.00 LF 54.59 8,461.45 72.00 11,160.00 81.00 12,555.00 72.00 11,160.00 79.35 12,299.25 75.24 11,662.20 60.00 9,300.00 421,141.00 LF 78.28 89,317.48 84.46 96,368.86 95.00 108,395.00 87.00 99,267.00 93.25 106,398.25 94.95 108,337.95 80.00 91,280.00 43401.00 LF 93.73 37,585.73 100.00 40,100.00 121.00 48,521.00 121.00 48,521.00 119.50 47,919.50 121.29 48,637.29 110.00 44,110.00 44501.00 LF 201.88 101,141.88 200.00 100,200.00 235.00 117,735.00 224.00 112,224.00 230.25 115,355.25 266.00 133,266.00 200.00 100,200.00 45700.00 SY 60.52 42,364.00 45.00 31,500.00 68.00 47,600.00 79.50 55,650.00 210.00 147,000.00 64.00 44,800.00 90.00 63,000.00 462,107.00 LF 1.03 2,170.21 1.00 2,107.00 0.25 526.75 0.50 1,053.50 0.25 526.75 0.20 421.40 1.00 2,107.00 473.00 EA 2,595.60 7,786.80 2,000.00 6,000.00 2,770.00 8,310.00 2,625.00 7,875.00 2,475.00 7,425.00 2,600.00 7,800.00 3,100.00 9,300.00 481.00 EA 3,460.80 3,460.80 2,500.00 2,500.00 3,700.00 3,700.00 3,560.00 3,560.00 3,300.00 3,300.00 3,200.00 3,200.00 5,400.00 5,400.00 492.00 EA 3,893.40 7,786.80 4,000.00 8,000.00 4,200.00 8,400.00 4,230.00 8,460.00 3,710.00 7,420.00 4,700.00 9,400.00 6,500.00 13,000.00 502.00 EA 1,946.70 3,893.40 2,700.00 5,400.00 2,000.00 4,000.00 2,550.00 5,100.00 1,755.00 3,510.00 2,700.00 5,400.00 3,800.00 7,600.00 513.00 EA 3,677.10 11,031.30 2,500.00 7,500.00 4,500.00 13,500.00 4,060.00 12,180.00 3,705.00 11,115.00 4,300.00 12,900.00 3,800.00 11,400.00 521.00 EA 3,914.00 3,914.00 4,500.00 4,500.00 4,700.00 4,700.00 3,200.00 3,200.00 3,090.00 3,090.00 4,300.00 4,300.00 7,500.00 7,500.00 531.00 EA 4,738.00 4,738.00 6,000.00 6,000.00 5,900.00 5,900.00 7,120.00 7,120.00 4,120.00 4,120.00 5,900.00 5,900.00 8,400.00 8,400.00 541.00 EA 2,108.41 2,108.41 6,000.00 6,000.00 2,300.00 2,300.00 3,200.00 3,200.00 2,060.00 2,060.00 2,100.00 2,100.00 2,300.00 2,300.00 553.00 EA 2,379.30 7,137.90 3,500.00 10,500.00 2,800.00 8,400.00 2,750.00 8,250.00 2,475.00 7,425.00 2,500.00 7,500.00 4,300.00 12,900.00 56 FW-O Headwall 1.00 EA 3,136.35 3,136.35 7,500.00 7,500.00 5,000.00 5,000.00 3,260.00 3,260.00 4,020.00 4,020.00 2,100.00 2,100.00 5,000.00 5,000.00 5714.00 SY 149.35 2,090.90 50.00 700.00 100.00 1,400.00 85.00 1,190.00 92.00 1,288.00 72.00 1,008.00 80.00 1,120.00 58365.00 LF 38.11 13,910.15 50.00 18,250.00 47.00 17,155.00 52.00 18,980.00 46.50 16,972.50 49.24 17,972.60 60.00 21,900.00 591.00 EA 1,287.50 1,287.50 5,000.00 5,000.00 7,800.00 7,800.00 6,280.00 6,280.00 7,700.00 7,700.00 3,950.00 3,950.00 2,800.00 2,800.00 601.00 EA 695.25 695.25 2,500.00 2,500.00 920.00 920.00 5,150.00 5,150.00 905.00 905.00 4,100.00 4,100.00 700.00 700.00 611.00 EA 1,905.50 1,905.50 1,500.00 1,500.00 2,000.00 2,000.00 1,950.00 1,950.00 1,940.00 1,940.00 2,000.00 2,000.00 1,800.00 1,800.00 62365.00 LF 0.78 284.70 1.00 365.00 1.00 365.00 0.50 182.50 0.55 200.75 1.10 401.50 1.00 365.00 6320.00 LF 87.55 1,751.00 50.00 1,000.00 90.00 1,800.00 95.00 1,900.00 89.10 1,782.00 129.33 2,586.60 50.00 1,000.00 6420.00 LF 25.75 515.00 5.00 100.00 2.00 40.00 0.50 10.00 1.15 23.00 1.10 22.00 1.00 20.00 6541.00 EA 556.20 22,804.20 600.00 24,600.00 570.00 23,370.00 550.00 22,550.00 556.20 22,804.20 600.00 24,600.00 1,000.00 41,000.00 662,460.00 LF 4.18 10,282.80 5.00 12,300.00 6.00 14,760.00 4.15 10,209.00 4.20 10,332.00 4.45 10,947.00 15.00 36,900.00 1,326,827.79$ 1,399,204.86$ 1,373,741.95$ 1,393,375.70$ 1,477,805.65$ 1,445,023.82$ 1,565,418.00$ 210 $210,000.00 150 $150,000.00 200 $200,000.00 200 $200,000.00 150 $150,000.00 210 $210,000.00 180 $180,000.001,536,827.79$ 1,549,204.86$ 1,573,741.95$ 1,593,375.70$ 1,627,805.65$ 1,655,023.82$ 1,745,418.00$ 1,406,827.79$ 1,479,204.86$ 1,453,741.95$ 1,473,375.70$ 1,557,805.65$ 1,525,023.82$ 1,645,418.00$ JRJ Paving11300 Kline DriveAddison, TX 75001972-247-1471Dallas, TX 75229469-721-3000Remove and Dispose of Existing Asphalt PavementDescriptionPipeworks Construction-LLC4200 Beltway Drive3019 Roy Orr Blvd.Grand Prairie, TX 75050817-571-3730TOTAL BID ITEMS BASE BID (A)Remove Existing Concrete CurbRepair and Replace Gravel DrivewayConcrete RemovalUnclassified Street ExcavationTraffic ControlPreparing ROWMobilization (Max. 5% of Contract)Remove Existing Culvert Pipe (<=24" Diam)Adjust Existing Valve Box to GradeRemove Existing and Install New Water Service, Water Meter and MeteConnect Existing Water Service to Existing 16" RCCP Water LineTiseo Paving Co.419 E. Hwy 808" Lime Subgrade TreatmentLimePrepare and Implement SWPPPProject SignsUnclassified Compacted Earth FillAbandon Existing Water LineRemove and Reset Existing MailboxesRemove and Reconstruct Existing MailboxRoadside Sign Assembly (New Installation)Block SoddingTOTAL OF CALENDAR DAYS X $1,000 (B)McMahon Contracting LP972-263-6907J&T Excavating2716 Remington Dr.Royce City, TX 75189-5765 Mesquite, TX 75150972-289-0723Remove Existing and Install New Fire Hydrant and Valve AssemblyBASIS FOR COMPARISON OF BIDS (A) + (B)TOTAL AWARD AMOUNT (A) + $80,000Reinforced Concrete Street HeadersHanson 5'x5' Standard Junction Box16" x 12" Tee8' Concrete V-Lined ChannelTrench Safety SystemStd. 10' Curb InletStd. 15' Curb InletStd. 20' Curb InletDrop Inlet (4'x4')Storm Drain Manhole8'x6' Junction BoxTrench Safety System for Waterlines12" PVC Wastewater Pipe (SDR-35)8" Reinforced Concrete Pavement with 6" Integral Curb4" Reinf. Concrete Sidewalks (Incl Ramps)CH-FW-O HeadwallCH-PW-O Headwall24" Rock Rip Rap12" C900 DR 14 PVC Waterline 12" x 12" Tee12" Gate ValveJackson Construction, Ltd.5111 Sun Valley DriveFort Worth, TX 7611924" RCP (CL III)Raised Pavement Marker, Class C, Type YReinforced Concrete Stamped Roadway - Crosswalks (8")6" Reinforced Concrete Driveways2" HMAC PavementsAsphalt Pavement for Pavement Transition (6" HMAC)Repair, Replace and/or Modify Existing Irrigation Systems42" RCP (CL III)6'x4' Concrete Box2" PVC Electrical ConduitGlenn Thurman, Inc.P.O. Box 850842Mesquite, TX 75185-0842972-286-6333Trench Safety Protection for Sanitary Sewer LinesStreet Light Foundation30" RCP (CL III)817-572-3303Adjust Existing Sanitary Sewer Manholes36" RCP (CL III)4" PVC Conduit10" Steel CasingRaised Pavement Marker, Class C, Type II-APavement MarkingsRoadside Sign Assembly (Relocation)21" RCP (CL III)Freese & Nichols, Inc.1701 N. Market Street, Suite 500Dallas, Texas 75202BID TABULATION Client City of CoppellProject: Coppell Road South Infrastructure ImprovementsBid Date: May 12,2009Project No.: CPL07392#Quantity11.00 21.00 322.00 41.00 52.00 610,747.00 71,009.00 86,569.00 91,070.00 10556.00 112.00 121.00 13734.00 144.00 153.00 1610.00 171.00 183.00 191.00 2011,983.00 21252.00 2210,977.00 2330.00 241,474.00 25216.00 261,287.00 27153.00 281,942.00 2950.00 30590.00 31145.00 321.00 337.00 3412.00 352,300.00 362.00 37300.00 38100.00 39356.00 4054.00 41155.00 421,141.00 43401.00 44501.00 45700.00 462,107.00 473.00 481.00 492.00 502.00 513.00 521.00 531.00 541.00 553.00 56 FW-O Headwall 1.00 5714.00 58365.00 591.00 601.00 611.00 62365.00 6320.00 6420.00 6541.00 662,460.00 Remove and Dispose of Existing Asphalt PavementDescriptionTOTAL BID ITEMS BASE BID (A)Remove Existing Concrete CurbRepair and Replace Gravel DrivewayConcrete RemovalUnclassified Street ExcavationTraffic ControlPreparing ROWMobilization (Max. 5% of Contract)Remove Existing Culvert Pipe (<=24" Diam)Adjust Existing Valve Box to GradeRemove Existing and Install New Water Service, Water Meter and MeteConnect Existing Water Service to Existing 16" RCCP Water Line8" Lime Subgrade TreatmentLimePrepare and Implement SWPPPProject SignsUnclassified Compacted Earth FillAbandon Existing Water LineRemove and Reset Existing MailboxesRemove and Reconstruct Existing MailboxRoadside Sign Assembly (New Installation)Block SoddingTOTAL OF CALENDAR DAYS X $1,000 (B)Remove Existing and Install New Fire Hydrant and Valve AssemblyBASIS FOR COMPARISON OF BIDS (A) + (B)TOTAL AWARD AMOUNT (A) + $80,000Reinforced Concrete Street HeadersHanson 5'x5' Standard Junction Box16" x 12" Tee8' Concrete V-Lined ChannelTrench Safety SystemStd. 10' Curb InletStd. 15' Curb InletStd. 20' Curb InletDrop Inlet (4'x4')Storm Drain Manhole8'x6' Junction BoxTrench Safety System for Waterlines12" PVC Wastewater Pipe (SDR-35)8" Reinforced Concrete Pavement with 6" Integral Curb4" Reinf. Concrete Sidewalks (Incl Ramps)CH-FW-O HeadwallCH-PW-O Headwall24" Rock Rip Rap12" C900 DR 14 PVC Waterline 12" x 12" Tee12" Gate Valve24" RCP (CL III)Raised Pavement Marker, Class C, Type YReinforced Concrete Stamped Roadway - Crosswalks (8")6" Reinforced Concrete Driveways2" HMAC PavementsAsphalt Pavement for Pavement Transition (6" HMAC)Repair, Replace and/or Modify Existing Irrigation Systems42" RCP (CL III)6'x4' Concrete Box2" PVC Electrical ConduitTrench Safety Protection for Sanitary Sewer LinesStreet Light Foundation30" RCP (CL III)Adjust Existing Sanitary Sewer Manholes36" RCP (CL III)4" PVC Conduit10" Steel CasingRaised Pavement Marker, Class C, Type II-APavement MarkingsRoadside Sign Assembly (Relocation)21" RCP (CL III)Freese & Nichols, Inc.1701 N. Market Street, Suite 500Dallas, Texas 75202BID TABULATIONUnit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost60,000.00 60,000.00 50,000.00 50,000.00 80,300.00 80,300.00 84,000.00 84,000.00 80,790.74 80,790.74 50,000.00 50,000.00 100,000.00 100,000.00 180,000.00 180,000.00 50,000.00 50,000.00 127,425.09 127,425.09 1,000.00 22,000.00 775.00 17,050.00 3,000.00 66,000.00 4,025.00 88,550.00 4,217.69 92,789.18 8,000.00 8,000.00 6,050.00 6,050.00 22,500.00 22,500.00 13,000.00 13,000.00 6,600.00 6,600.00 450.00 900.00 325.00 650.00 350.00 700.00 400.00 800.00 423.50 847.00 8.00 85,976.00 7.15 76,841.05 4.00 42,988.00 15.00 161,205.00 7.89 84,793.83 3.00 3,027.00 2.80 2,825.20 1.00 1,009.00 3.00 3,027.00 0.83 837.47 3.50 22,991.50 3.30 21,677.70 3.00 19,707.00 3.00 19,707.00 4.13 27,129.97 3.70 3,959.00 3.50 3,745.00 6.50 6,955.00 4.50 4,815.00 4.79 5,125.30 3.15 1,751.40 3.00 1,668.00 7.00 3,892.00 1.00 556.00 3.42 1,901.52 100.00 200.00 150.00 300.00 360.00 720.00 600.00 1,200.00 161.77 323.54 1,000.00 1,000.00 500.00 500.00 1,650.00 1,650.00 1,000.00 1,000.00 1,265.00 1,265.00 6.40 4,697.60 6.10 4,477.40 17.45 12,808.30 8.00 5,872.00 9.39 6,892.26 100.00 400.00 200.00 800.00 120.00 480.00 300.00 1,200.00 158.53 634.12 1,700.00 5,100.00 1,100.00 3,300.00 575.00 1,725.00 2,200.00 6,600.00 2,145.00 6,435.00 3,550.00 35,500.00 2,100.00 21,000.00 3,310.00 33,100.00 2,700.00 27,000.00 2,585.00 25,850.00 500.00 500.00 1,000.00 1,000.00 900.00 900.00 1,800.00 1,800.00 2,200.00 2,200.00 6,000.00 18,000.00 7,600.00 22,800.00 2,650.00 7,950.00 6,700.00 20,100.00 6,600.00 19,800.00 800.00 800.00 800.00 800.00 140.00 140.00 500.00 500.00 211.38 211.38 2.70 32,354.10 1.95 23,366.85 1.65 19,771.95 2.65 31,754.95 2.67 31,994.61 155.00 39,060.00 130.00 32,760.00 125.00 31,500.00 145.00 36,540.00 140.80 35,481.60 43.00 472,011.00 35.45 389,134.65 39.20 430,298.40 42.00 461,034.00 34.52 378,926.04 110.00 3,300.00 100.00 3,000.00 188.00 5,640.00 125.00 3,750.00 206.80 6,204.00 38.00 56,012.00 42.30 62,350.20 41.00 60,434.00 37.00 54,538.00 40.06 59,048.44 31.00 6,696.00 20.05 4,330.80 33.30 7,192.80 13.00 2,808.00 22.06 4,764.96 26.00 33,462.00 23.50 30,244.50 29.65 38,159.55 28.00 36,036.00 25.85 33,268.95 12.00 1,836.00 7.00 1,071.00 5.50 841.50 7.00 1,071.00 7.22 1,104.66 40.00 77,680.00 33.75 65,542.50 39.60 76,903.20 35.00 67,970.00 32.54 63,192.68 10.00 500.00 8.00 400.00 15.00 750.00 6.00 300.00 36.51 1,825.50 2.55 1,504.50 2.55 1,504.50 2.55 1,504.50 4.00 2,360.00 4.68 2,761.20 6.50 942.50 6.50 942.50 6.50 942.50 7.00 1,015.00 8.25 1,196.25 4,987.00 4,987.00 5,000.00 5,000.00 4,987.00 4,987.00 5,200.00 5,200.00 6,161.65 6,161.65 400.00 2,800.00 400.00 2,800.00 400.00 2,800.00 400.00 2,800.00 357.50 2,502.50 385.00 4,620.00 385.00 4,620.00 385.00 4,620.00 400.00 4,800.00 495.00 5,940.00 3.50 8,050.00 3.50 8,050.00 6.22 14,306.00 5.00 11,500.00 4.15 9,545.00 1,000.00 2,000.00 1,500.00 3,000.00 2,200.00 4,400.00 2,200.00 4,400.00 2,304.09 4,608.18 12.60 3,780.00 25.00 7,500.00 14.00 4,200.00 13.00 3,900.00 8.95 2,685.00 220.00 22,000.00 133.00 13,300.00 175.00 17,500.00 250.00 25,000.00 132.00 13,200.00 53.00 18,868.00 69.00 24,564.00 38.00 13,528.00 49.00 17,444.00 56.73 20,195.88 63.00 3,402.00 74.00 3,996.00 44.00 2,376.00 54.00 2,916.00 80.17 4,329.18 79.00 12,245.00 86.00 13,330.00 55.00 8,525.00 66.00 10,230.00 92.84 14,390.20 89.00 101,549.00 109.00 124,369.00 82.00 93,562.00 85.00 96,985.00 102.71 117,192.11 130.00 52,130.00 147.00 58,947.00 94.00 37,694.00 110.00 44,110.00 128.94 51,704.94 239.00 119,739.00 234.00 117,234.00 202.00 101,202.00 190.00 95,190.00 229.13 114,794.13 150.00 105,000.00 191.00 133,700.00 58.75 41,125.00 66.00 46,200.00 58.78 41,146.00 4.00 8,428.00 0.50 1,053.50 1.00 2,107.00 0.60 1,264.20 0.52 1,095.64 2,600.00 7,800.00 2,700.00 8,100.00 2,520.00 7,560.00 2,700.00 8,100.00 2,820.75 8,462.25 3,500.00 3,500.00 3,400.00 3,400.00 3,360.00 3,360.00 3,400.00 3,400.00 3,442.08 3,442.08 4,200.00 8,400.00 5,000.00 10,000.00 3,780.00 7,560.00 5,000.00 10,000.00 4,085.48 8,170.96 2,600.00 5,200.00 2,800.00 5,600.00 1,890.00 3,780.00 2,800.00 5,600.00 2,104.98 4,209.96 3,900.00 11,700.00 3,500.00 10,500.00 3,570.00 10,710.00 4,700.00 14,100.00 6,730.08 20,190.24 5,000.00 5,000.00 3,600.00 3,600.00 3,800.00 3,800.00 4,500.00 4,500.00 7,208.59 7,208.59 7,000.00 7,000.00 5,700.00 5,700.00 4,600.00 4,600.00 6,100.00 6,100.00 7,647.28 7,647.28 3,400.00 3,400.00 5,200.00 5,200.00 2,047.00 2,047.00 2,200.00 2,200.00 4,788.27 4,788.27 2,900.00 8,700.00 5,000.00 15,000.00 2,310.00 6,930.00 2,600.00 7,800.00 3,572.14 10,716.42 3,500.00 3,500.00 7,500.00 7,500.00 3,045.00 3,045.00 4,200.00 4,200.00 7,801.17 7,801.17 220.00 3,080.00 70.00 980.00 145.00 2,030.00 75.00 1,050.00 157.89 2,210.46 64.00 23,360.00 81.00 29,565.00 37.00 13,505.00 70.00 25,550.00 59.40 21,681.00 3,400.00 3,400.00 7,600.00 7,600.00 1,250.00 1,250.00 7,500.00 7,500.00 7,645.00 7,645.00 1,050.00 1,050.00 2,700.00 2,700.00 675.00 675.00 2,000.00 2,000.00 4,400.00 4,400.00 2,000.00 2,000.00 2,000.00 2,000.00 1,850.00 1,850.00 1,900.00 1,900.00 1,980.00 1,980.00 1.00 365.00 0.50 182.50 0.75 273.75 1.10 401.50 1.65 602.25 43.00 860.00 77.00 1,540.00 85.00 1,700.00 100.00 2,000.00 104.50 2,090.00 20.00 400.00 1.00 20.00 25.00 500.00 6.00 120.00 11.00 220.00 567.00 23,247.00 545.00 22,345.00 540.00 22,140.00 600.00 24,600.00 687.50 28,187.50 4.25 10,455.00 4.50 11,070.00 4.05 9,963.00 5.00 12,300.00 8.80 21,648.00 1,652,175.60$ 1,624,197.85$ 1,617,673.45$ 1,705,469.65$ 1,694,412.13$ 200 $200,000.00 240 $240,000.00 245 $245,000.00 210 $210,000.00 250 $250,000.001,852,175.60$ 1,864,197.85$ 1,862,673.45$ 1,915,469.65$ 1,944,412.13$ 1,732,175.60$ 1,704,197.85$ 1,697,673.45$ 1,785,469.65$ 1,774,412.13$ 817-735-16001111 Summit Ave. #1Plano, TX 75074972-423-1313Lacy Construction1880 Crown RoadDallas, TX 75234214-357-0146Jim Bowman Construction Co, LP Weir Bros. Inc.10721 Luna RoadDallas, TX 75220214-556-2000Gilco Contracting, Inc.4200 S. Hulen St. Ste 513XIT Paving and Construction3934 South Hwy. 287Waxahachie, TX 75165972-351-9906Fort Worth, TX 76109 Proposed Improvements South Coppell Road Re-Construction City of Coppell Project ST07-02 Created in LDDT 1 INCH = 1 MILE 0 11/2 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST07-02 Created on: 29 May 2009 by Scott Latta 1/2 1 INCH = FT. 0 300 300 150 Proposed Improvements S. Coppell Road Re-Construction City of Coppell Project ST07-02 Created in LDDT PROJECT LIMITS S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST07-02 Created on: 28 May 2009 by Scott Latta 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 June 9, 2009 16 ✔ RESOLUTION Consider approval of a Resolution to close Bethel Road from Armstrong Boulevard to Penfolds Lane for a period of up to five months from the beginning of work on replacement of the Grapevine Creek bridge; providing for a penalty for road closure beyond five months; providing for a variable bonus award for bridge completion and road re-opening in less than five months; and authorizing the Mayor to sign and execute any necessary documents. The city is preparing to bid the Bethel Road Phase II-A project from Denton Tap to Penfolds Lane. This project will require closure of Bethel Road for reconstruction of the bridge over Grapevine Creek. Approval of the item will authorize us to include this information in the bid documents. Staff will be available to answer questions at the Council meeting. Staff recommends approval of the Resolution. #Bethel Rd Closure MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Keith R. Marvin, P.E., Project Engineer DATE: June 9, 2009 RE: Consider approval of a Resolution to close Bethel Road from Armstrong Boulevard to Penfolds Lane for a period of up to five months from the beginning of work on replacement of the Grapevine Creek bridge; providing for a penalty for road closure beyond five months; providing for a variable bonus award for bridge completion and road re-opening in less than five months; and authorizing the Mayor to sign and execute any necessary documents. The engineering department is currently preparing to go out for bids for the reconstruction of Bethel Road from Denton Tap to Penfolds Lane. This project will include the replacement of the bridge over Grapevine Creek. In order to replace this bridge, the road will need to be closed during demolition of the existing bridge, and construction of the new bridge. The design consultant for this project believes that this bridge can be reconstructed within four to five months. The anticipated cost of construction for the bridge is $718,000. We will include an incentive/disincentive within the bid documents specifically related to construction of this bridge. The contractor will have some latitude within the contract period on when the closure will take place. Once the closure begins they will have 150 days to re-establish two-way traffic across the bridge. If they are able to open the road to two-way traffic in less than 120 days, they will earn a bonus of $1,000 per day. In the event this closure takes longer than 150 days, there will be damages assessed of $1,000 per day. There will be no bonus and no penalty for completion of the bridge between 120 and 150 days. Closure of this road will cause an inconvenience to the residents and businesses along Bethel Road. We understand this, and believe that providing the incentive/disincentive structure will ensure that it is completed in a timely manner. We spent a significant amount of time considering other alternatives to this road closure, and simply found no way around it. Approval of this resolution will allow staff to move forward with the process of bidding the Bethel Road project from Denton Tap to Penfolds Lane. We expect to be before you for contract award later this year. Staff will be available to answer any questions at the council meeting. Proposed Improvements Bethel Rd Re-Construction City of Coppell Project ST03-01A Created in LDDT 1 INCH = 1 MILE 0 11/2 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST03-01A CLOSURE Created on: 29 May 2009 by Scott Latta 1/2 1 INCH = FT. 0 250 250 125 Proposed Improvements Bethel Rd Re-Construction City of Coppell Project ST03-01A Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST03-01A CLOSURE Created on: 28 May 2009 by Scott Latta PROJECT LIMITS AREA OF PROPOSED ROAD CLOSURE 2/2 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. _________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AUTHORIZING THE CITY ENGINEER, IN CONJUNCTION WITH THE CONTRACTOR, TO CLOSE BETHEL ROAD FROM ARMSTRONG BOULEVARD TO PENFOLDS LANE FOR A PERIOD OF UP TO FIVE MONTHS FOR THE CONSTRUCTION OF THE BRIDGE OVER GRAPEVINE CREEK AS PART OF THE BETHEL ROAD II PHASE A PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Bethel Road II Phase A, from Denton Tap Road to Penfolds Lane including the bridge over Grapevine Creek, is planned to undergo reconstruction in the near future; and WHEREAS, during the period of said reconstruction, traffic on the street and bridge will be severely impaired; and WHEREAS, reconstruction of the bridge within the existing right-of-way requires closure of the portion of Bethel Road to be affected during the period of reconstruction; and WHEREAS, after consideration the City Council has determined that it would be in the best interest of the City and its citizens to provide for a safer reconstruction process by permitting the temporary closure of this portion of Bethel Road during the period of reconstruction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Engineer, in conjunction with the Contractor for the Bethel Road II Phase A project, is hereby authorized to undertake the necessary steps to close the street and bridge to through traffic during the period of reconstruction. SECTION 2. That the Contractor is authorized and directed to cause the erection of signs and official traffic control devices as is necessary and to give notice of alternate routes of travel as provided herein. 1 SECTION 3. That this Resolution shall take effect immediately from and after its passage 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 ___________________, 2009. APPROVED: _________________________________________ JAYNE PETERS, MAYOR ATTEST: _________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY 2 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 June 9, 2009 17 ✔ RESOLUTION Consider approval of a Resolution authorizing the City Engineer, in conjunction with the Contractor, to close Kimbel Kourt to through traffic from 100' north of Sandy Lake Road to Village Parkway, to facilitate reconstruction of the roadway, from the effective date until September 30, 2009; and authorizing the Mayor to sign and execute the necessary documents. The city is preparing to bid the contract for reconstruction of Kimbel Kourt from Sandy Lake to Village Parkway. Closure of the road will help facilitate construction by making it safer and faster. Approval of this item will allow us to include the closure information in the bid documents. Staff will be available to answer any questions at the Council meeting. Staff recommends approval of the Resolution. #Kimbel Kt Closure MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Keith R. Marvin, P.E., Project Engineer DATE: June 9, 2009 RE: Consider approval of a Resolution authorizing the City Engineer, in conjunction with the Contractor, to close Kimbel Kourt to through traffic from 100' north of Sandy Lake Road to Village Parkway, to facilitate reconstruction of the roadway, from the effective date until September 30, 2009; and authorizing the Mayor to sign and execute the necessary documents. The repaving of Kimbel Kourt is on the IMF plan for completion during this fiscal year. The engineering department designed this project in-house. We anticipate opening bids by the end of June, and expect to be before you in July for award of a construction contract. We feel that the project can be completed quicker, more safely, and at less cost if the contractor is allowed to close Kimbel Kourt to traffic from 100 feet north of Sandy Lake to Village Parkway. We request approval to close Kimbel Kourt from the time of contract award through September 30, 2009. Approval of this resolution will allow staff to move forward with the process of bidding the Kimbel Kourt project. Staff will be available to answer any questions at the council meeting. Proposed Improvements Kimbel Kourt Re-Construction City of Coppell Project MA09-01 Created in LDDT 1 INCH = 1 MILE 0 11/2 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\MA09-01 CLOSURE Created on: 29 May 2009 by Scott Latta 1/2 1 INCH = FT. 0 150 150 75 Proposed Improvements Kimbel Kourt Re-Construction City of Coppell Project MA09-01 Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\MA09-01 CLOSURE Created on: 28 May 2009 by Scott Latta AREA OF PROPOSED ROAD CLOSURE 2/2 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. _________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AUTHORIZING THE CITY ENGINEER, IN CONJUNCTION WITH THE CONTRACTOR, TO CLOSE KIMBEL KOURT TO THROUGH TRAFFIC FROM 100’ NORTH OF EAST SANDY LAKE ROAD TO VILLAGE PARKWAY, TO FACILITATE RECONSTRUCTION OF THE ROADWAY UNTIL SEPTEMBER 30, 2009; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Kimbel Kourt must undergo reconstruction in the near future; and WHEREAS, during the period of said reconstruction, traffic on the street will be severely impaired; and WHEREAS, staff is of the opinion that such reconstruction would be safer and faster if the City Engineer, in conjunction with the Contractor authorized to perform such reconstruction, is permitted to close Kimble Kourt during the period of reconstruction; and WHEREAS, after consideration the City Council has determined that it would be in the best interest of the City and its citizens to provide a safer and faster process by permitting the closure of Kimbel Kourt during the period of reconstruction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Engineer, in conjunction with the Contractor for the Kimbel Kourt reconstruction, is hereby authorized to undertake the necessary steps to close the street to through traffic from 100’ north of East Sandy Lake Road to Village Parkway during the period of reconstruction until September 30, 2009. SECTION 2. That the Contractor is authorized and directed to cause the erection of signs and official traffic control devices as is necessary to give notice as provided herein. 1 SECTION 3. That this Resolution shall take effect immediately from and after its passage 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 ____________, 2009. APPROVED: _________________________________________ JAYNE PETERS, MAYOR ATTEST: _________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY 2 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 June 9, 2009 18 ✔ ORDINANCE Consider approval of an Ordinance amending the Code of Ordinances by amending Article 1-10, "Rules, Times and Procedures for Conducting City Council Meetings," Section 1-10-4, "Types of Meetings," Subsection 1-10-4.1, "Regular Meetings," to provide that the Open Session of Regular Scheduled Meetings of the City Council begin at 7:30 p.m.; and authorizing the Mayor to sign. This ordinance would amend the start time for Regular meetings to 7:30 p.m. Staff recommends approval. %meetings AN ORDINANCE OF THE CITY OF COPPELL ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING ARTICLE 1-10, “RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS,” SECTION 1-10-4, “TYPES OF MEETINGS,” SUBSECTION 1-10-4.1, “REGULAR MEETINGS,” TO PROVIDE THAT THE OPEN SESSION OF REGULAR SCHEDULED MEETINGS OF THE CITY COUNCIL BEGIN AT 7:30 P.M.; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE. WHEREAS, the City of Coppell Home Rule Charter provides that the city council shall determine it own rules and order of business; and WHEREAS, the city council adopted such rules and order of business by Ordinance No. 2001-964, codified as Article 1.10 of the Coppell Code of Ordinances; and WHEREAS, Section 3.09 of the Home Rule Charter provides that the city council shall hold at least one regular meeting each month and as many additional meetings as it deems necessary to transact the business of the city; and WHEREAS, Article 1-10, subsection 1-10-4.1 provides, in relevant part, that city council meetings shall begin at 7:00 p.m.; and WHEREAS, the city council desires to amend its rules to provide that the regular meetings begin at 7:30 p.m.; and WHEREAS, Section 1-10-3.12 provides, in relevant part, that the rules may be amended by a two-thirds vote of all members of the council, provided that the new proposed amendments have been introduced into the record at the last regular council meeting; and WHEREAS, pursuant to Subsection 1-10-3.12, the city council desires to amend such rules by amending Subsection 1-10-4.1 to provide that the open session of regular scheduled meetings of the city council begin at 7:30 p.m. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF COPPELL, TEXAS, THAT: SECTION 1. That Article 1-10, "Rules, Times and Procedures for Conducting Council Meetings", of the Code of Ordinances be, and the same is, hereby amended by amending Subsection 1-10-4.1 to provide that the open session of regular scheduled meetings of the city council begin at 7:30 p.m., which shall read as follows: 1 TM 37318.2.000 “ARTICLE 1-10. RULES, RIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS . . . . . 1-10-4.1. Regular meetings. The council shall meet in the council chamber at the City Hall on the second and fourth Tuesday of each month, excluding the months of June, November and December which shall only be on the second Tuesday, at 7:30 p.m. for open session unless otherwise officially changed by the city council (Charter Article 3, Section 3.09). The starting times for executive and work sessions shall remain flexible.” SECTION 2. That except as amended herein, all provisions of Article 1-10 of the Code of Ordinances shall remain in full force and effect. SECTION 3. 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 of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That this ordinance shall take effect immediately from and after its passage 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 ___________________, 2009. APPROVED: ____________________________________ JAYNE PETERS, MAYOR ATTEST: ____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 06/02/09) 2 TM 37318.2.000 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: City Secretary June 9, 2009 19 ✔ PROCEDURAL Consider appointments to Council Committees. New appointments are made to the Council Committees on an annual basis. Appoint Councilmembers to serve on various committees. %commappt COUNCIL COMMITTEE APPOINTMENTS C/FBISD/LISD Liaison ______________________________ CISD Liaison ______________________________ Coppell Seniors ______________________________ Dallas Regional Mobility Coalition ______________________________ International Council for Local Environmental Initiatives ______________________________ Metrocrest Hospital Authority ______________________________ Metrocrest Medical Services ______________________________ Metrocrest Medical Foundation ______________________________ Metrocrest Social Service Center ______________________________ North Dallas Chamber ______________________________ North Texas Council of Governments ______________________________ NCTCOG–Regional Emergency Management Planning Council ______________________________ North Texas Commission ______________________________ Senior Adult Services ______________________________ AGENDA REQUEST FORM DATE: June 9, 2009 ITEM #: 20 CITY MANAGER'S REPORT A. Project Update and Future Agendas. Agenda Request Form - Revised 09/027 Document Name: %manrep AGENDA REQUEST FORM DATE: June 9, 2009 ITEM #: 21 MAYOR AND COUNCIL REPORTS A. Report by Mayor Peters regarding Fourth of July Fireworks on July 3rd, 7 p.m. – 10 p.m. at Andy Brown East. B. Report by Mayor Peters regarding Fourth of July Parade on July 4th, 10 a.m. from St. Ann’s to Town Center. C. Report by Mayor Peters regarding the reopening of Coppell Road D. Report by Mayor Peters regarding the Metroplex Mayors’ Meeting. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: June 9, 2009 ITEM #: 22 NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork AGENDA REQUEST FORM DATE: June 9, 2009 ITEM #: 23 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: June 9, 2009 Department Submissions: Item No. 14 was placed on the Agenda for the above-referenced City Council meeting by the Parks Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Parks Department Item Nos. 8/B, 8/C, 8/D, 8/E, 8/F and 10 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 Item Nos. 15, 16 and 17 were placed on the Agenda for the above- referenced City Council meeting by the Engineering Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Engineering Department 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)