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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.
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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.
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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
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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
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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
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CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at
the City Hall of the City of Coppell, Texas on this 4th day of 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).
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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
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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.
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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
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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.
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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.
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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
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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
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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.
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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,
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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
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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
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ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
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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
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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:
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Parks and Recreation
June 9, 2009
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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.
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THE CITY OF
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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
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THE CITY OF
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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
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B II Q 050S 0 1 WAGON WIII EL FIELD SUI FACE J EVF LOPMENT
THE CITY OF
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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
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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
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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
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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
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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
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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
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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
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THE CITY OF
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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
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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
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cln OF COPPEU PURCIIASING IiPARTMENT 255 PARKWAV BOULEVARD C P Il n x s 75019 g IZ
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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
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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
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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
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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
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Adopted 1110212005
CITY OF COPPEIPURCnASING D J RTMENT 2SS P ltKWBOllJEV RI COPJ LL nXAS 75019 Pogt 14
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BID Q 0508 01 WAGON WHEEL FmLD SURFACE DEVELOPMENT
THE CI TY OF
corrELL
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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
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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
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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
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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
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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
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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
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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
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7 4 W IUt iTY
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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
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ern OF COPI ELL l lllUII SING m PAR f n NT 2 PARKWAV BOIILEVARD CPP lI TEXAS 75019 Paae 23
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Sonia Lara
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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
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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
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Given under my hand and the seal of said Compan ai Hiu ton Texl s th s 26th
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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
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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
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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
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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
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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
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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
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5JfJ
7
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2
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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
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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
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Proposed Improvements
S. Coppell Road Re-Construction
City of Coppell Project ST07-02
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PROJECT LIMITS
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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
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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
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Proposed Improvements
Kimbel Kourt Re-Construction
City of Coppell Project MA09-01
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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)