CP 2009-09-08
NOTICE OF CITY COUNCIL MEETING AND AGENDA
SEPTEMBER 8, 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 7:30 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, September 8, 2009, at 5:30 p.m. for
Executive Session, Work Session will follow immediately thereafter, and Regular
Session will begin at 7:30 p.m., to be held at Town Center, 255 Parkway
Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this
meeting may be convened into closed Executive Session for the purpose of
seeking confidential legal advice from the City Attorney on any agenda item
listed herein.
The City of Coppell reserves the right to reconvene, recess or realign the Work
Session or called Executive Session or order of business at any time prior to
adjournment.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
1. Call to order.
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ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code – Consultation with City
Attorney.
1. Discussion regarding the Solicitation Ordinance.
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. South of Bethel Road, West of Freeport Parkway and East of
Royal.
2. South of Bethel Road, East of Freeport Parkway and West of S.
Coppell Road.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Board/Commission Appointments.
B. Discussion regarding Joint Meeting with Boards/Commissions.
C. Presentation by staff regarding Alternative Fence Materials.
D. Discussion regarding the Noise Ordinance.
E. 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.
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ITEM # ITEM DESCRIPTION
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: August 25, 2009 and September 1,
2009.
B. Consider approval of awarding Bid Q-0709-01 for the Coppell
Justice Center Fence construction to Parkscape Construction in the
amount of $58,892.00 and authorizing the City Manager to sign all
necessary documentation.
C. Consider approval of Change Order Number 2 to the South Coppell
Road (ST 07-02) project in the amount of $54,550.10 for sanitary
sewer improvements; and authorizing the City Manager to sign all
necessary documents.
D. Consider approval of a Resolution authorizing the Mayor of the City
of Coppell, Texas to execute a Voluntary Interlocal Cooperation
Agreement for Operation and Maintenance of Traffic Signals and
providing an effective date; and authorizing the Mayor to sign .
END OF CONSENT
9. PUBLIC HEARING:
Consider approval of Case No. PD-181R2-SF-12, Bethel Road Estates, Lot 2,
Block 1, a zoning change request from PD-181-SF-12 (Planned
Development-181-Single Family-12) to PD-181R2-SF-12 (Planned
Development-181-Revision 2-Single Family-12) to allow for a stucco finish
instead of masonry as required in Section 12-11-5 of the Zoning Ordinance
and to allow an additional detached, two-story residential structure on
2.348 acres of property located at 256 West Bethel Road.
10. PUBLIC HEARING:
Consider approval of a text amendment to Chapter 12-Zoning, of the
Code of Ordinances, Section 12-31-7.4, “Rules for computing number of
parking spaces”, to revise the existing regulation to require additional
parking for any enlargement of floor area, number of employees, dwelling
units, seating capacity and other enlargements.
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ITEM # ITEM DESCRIPTION
11. PUBLIC HEARING:
Consider approval of a text amendment to the Chapter 12-Zoning, of the
Code of Ordinances, Section 12-42-1, “Special Definitions,” to revise the
existing definition of “Outside Storage and Display--Retail Stores: Retail
Stores and Shops:” to include additional screening requirements.
12. Consider approval of a Resolution of the City Council of the City of
Coppell, Texas, outlining the terms and conditions of a debt service
funding plan; authorizing the mayor to execute this resolution; and
providing an effective date.
13. Consider approval of the written Fund Balance policy of the City of
Coppell.
14. Consider approval of an Ordinance approving and adopting the budget
for the City of Coppell for the Fiscal Year of October 1, 2009 through
September 30, 2010, and authorizing the Mayor to sign.
15. Consider approval of an Ordinance of the City of Coppell, Texas levying
the ad valorem taxes for the year 2009 at .64146/$100 per valuation of
which .49577 for operations and maintenance and .14569 for interest and
sinking, and authorizing the Mayor to sign.
16. Consider appointments to the City’s Boards/Commissions/Committees.
17. City Manager's Report.
A. Project Update and Future Agendas.
18. Mayor and Council Reports.
A. Report by Mayor Peters regarding the Metroplex Mayors’ Meeting.
19. Necessary action resulting from Work Session.
20. 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 September, 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: September 8, 2009
ITEM #: ES-2
EXECUTIVE SESSION
A. Section 551.071, Texas Government Code – Consultation with City Attorney.
1. Discussion regarding the Solicitation Ordinance.
B. Section 551.087, Texas Government Code – Economic Development
Negotiations.
1. South of Bethel Road, West of Freeport Parkway and East of Royal.
2. South of Bethel Road, East of Freeport Parkway and West of S. Coppell
Road.
Agenda Request Form - Revised 02/04 Document Name: %exsessn
AGENDA REQUEST FORM
DATE: September 8, 2009
ITEM #: WS-3
WORK SESSION
A. Discussion regarding Board/Commission Appointments.
B. Discussion regarding Joint Meeting with Boards/Commissions.
C. Presentation by staff regarding Alternative Fence Materials.
D. Discussion regarding the Noise Ordinance.
E. Discussion of Agenda Items.
Agenda Request Form - Revised 02/07 Document Name: %wksessn
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTComposite FencingMaterials
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENT• Growing interest in Composite Fencing • New and improved products• Green characteristics meeting best practicesgoals of Coppell 2030
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCOPPELL 2030OBJECTIVES• Become the model “Green Community demonstrating best practices• Insure well-maintained neighborhood, public infrastructure, including streets, alleys, utilities and fences• Insure well-maintained private infrastructure, including entrances, fences and common areas
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCOPPELL 2030VALUE TO RESIDENTS• Attractive city and neighborhoods• Protection and enhancement of property values• Doing the “right thing” for the city and the environment• Conserving natural resources
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTISSUES• Materials• Colors• Prohibited materials• Manufacturers
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCURRENT ORDINANCESec. 9-2-7. Materials, orientation and colors.A.Permitted materials.All fences, as defined herein,constructed within the city, shall only be constructed withmetal, vertical posts and the following material:1. Wood;2. Metal or wrought iron;3. Stone or brick with mortar; and4. Decorative metal.
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCURRENT ORDINANCEB.Permitted colors.Colors for wood fences shall be limited toearth-tone colors only; wrought iron anddecorative metal fences may be black, off-white orearth tone colors only; masonry fences may not bepainted.(Ord. No. 2006-1133, § 1, 8-22-06)
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCURRENT ORDINANCESec. 9-2-8. Prohibited materials.Materials prohibited in fences are barbed wire, razorribbon, sheet metal, chain-link, vinyl or polyvinyl, orany other similar material, except that barbed wireand/or chain link is permitted for fencing foragriculture- or industrial-zoned property.(Ord. No. 2006-1133, § 1, 8-22-06)
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTVINYL FENCING
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCOMPOSITE FENCINGMANUFACTURERS’Overview• TIMBERWOLFwww.TimberwolfComposties.com•TREXwww.trex.com/fencing•FENCESCAPEwww.fencescape.com• VERANDAwww.verandapremiumfence.com• FIBERON AND ENCLAVEwww.fiberonfencing.com
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTENVIRONMENTALLY-FRIENDLY PRODUCT• EnclaveMade with 75% recycled wood and plastic content• TimberwolfA minimum of 90% post-consumer recycled content.
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTPROS:CONS:Mold resistant AppearanceNon shrinking TextureWarrantyEnforcementGreen product Fading of productMaintenanceDifferent colors
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENT
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENT
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENT
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENT
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCONSIDERATIONS• Keep current ordinance with no text amendment • Text amendment to allow composite fencing under permitted materials• Limit type of composite fencing (wood grain)• Limit where the composite fencing can be placed
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCONSTRUCTION NOISE
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENT• Complaints from neighbors• Limited ordinance for construction noise• No times to start and end construction• Exceptions for projects with special needs• Revitalization of older neighborhoods• Different community expectations and values based on the Coppell 2030 plan
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCOPPELL 2030OBJECTIVES• Upgrade neighborhood infrastructure, including streets, curbs, gutters, sidewalksVALUE TO RESIDENTS• Improving the appearance of real estate in Coppell• Enhancement of residential and commercial property values
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCOPPELL 2030CRITICAL FACTORS FOR SUCCESS• Aging neighborhood infrastructure needing upgrade and infrastructure needing upgrade and replacement• Aging neighborhood commercial centers with vacancies• Different community expectations and values• Infill development and the reaction of current residents in the surrounding area• New residential buildings consistent with the character of the neighborhood
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCURRENT ORDINANCEARTICLE 9-13. ANTI-NOISE CODESec. 9-13-1. Noises interfering with enjoyment of property or public peace and comfort.No person shall make or cause to be made any loud and raucous noise in the city which is offensive to the ordinary sensibilities of the inhabitants of the city, which noise renders the enjoyment of life or property uncomfortable or interferes with public peace and comfort.(Ord. No. 288)
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTNoise Ordinances comparison from adjacent municipalities as it pertains to constructionTimes:• CoppellUnrestricted• Carrollton7am-7pm• Farmers Branch 7am-7pm• Grapevine7am-7pm• Lewisville6am-8:30pm• Irving 7am-8pm
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTDISTANCE TO ANY RESIDENCE• Coppellunrestricted• Carrollton1,000 feet• Farmers Branch 500 feet• Grapevineadjacent• Lewisvilleunrestricted• Irving adjacent
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTPROSCONS“Residentially” friendly ComplaintsEase of enforcement Limited regulationsProcedures in place ObjectiveUniform education Delay of project
c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCONSIDERATIONS• Keep current ordinance with no text amendment • Text amendment to allow with distance to structure• Text amendment to allow for time of day• Text amendment to allow for a special permit for such work at other hours in case of urgent necessity and in the interest of public safety and convenience
AGENDA REQUEST FORM
DATE: September 8, 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
September 8, 2009
8/A
✔
PROCEDURAL
Consider approval of minutes: August 25, 2009 and September 1, 2009.
Minutes of the City Council meetings held on August 25, 2009 and September 1, 2009.
Staff recommends approval.
%minutes
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MINUTES OF AUGUST 25, 2009
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, August 25, 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 (late arrival)
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 Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. Discussion regarding the Northlake Settlement.
Mayor Peters convened into Executive Session at 5:53 p.m. Mayor Peters
adjourned the Executive Session at 6:10 p.m. and opened the Work
Session.
Councilmember Tunnell arrived during Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Presentation by Michael Morris regarding DART.
B. Discussion regarding the S. H. 121 Sound Walls.
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C. Discussion regarding the Oak Fest Celebration and the
Facilities Use Policy.
D. Presentation by staff regarding Alternative Fence
Materials.
E. Discussion regarding the Noise Ordinance.
F. Presentation of Monument honoring Fallen Police
Officers.
G. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Pastor Rod Collver, Living Hope Church, led those present in the
Invocation.
6. Pledge of Allegiance.
Mayor Peters led those present in the Pledge of Allegiance.
7. Report by the Library Board.
Jennifer Johnson made the Board’s semi-annual report.
8. Consider approval of a proclamation naming September 7,
2009 as MDA Day, and authorizing the Mayor to sign.
Presentation:
Mayor Peters read the Proclamation for the record and presented the
same to Fire Chief Kevin Richardson.
Action:
Councilmember Tunnell moved to approve a proclamation naming
September 7, 2009 as MDA Day, and authorizing the Mayor to sign.
Councilmember Franklin seconded the motion; the motion carried 7-0
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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 September 6-12,
2009 as National Payroll Week, and authorizing the Mayor to
sign.
Presentation:
Mayor Peters read the Proclamation for the record and presented the
same to Donna Jenkins and Mechel Griffith.
Action:
Councilmember Franklin moved to approve a proclamation naming
September 6-12, 2009 as National Payroll Week, 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. Citizens' Appearances.
1. Tressa Broadhead, 453 Hidden Vallen, spoke regarding the Animal
Services Ordinance; and
2. Rod Collver, 204 Simmons, spoke regarding alcohol in the City
Parks.
CONSENT AGENDA
11. Consider approval of the following consent agenda items:
A. Consider approval of minutes: August 11, 2009.
B. Consider approval of authorizing the City Manager to
negotiate an Interlocal Agreement with the North Texas
Tollway Authority allowing for the painting of the 121
Sound Walls at no expense to the City of Coppell and
authorizing the Mayor to sign the Interlocal Agreement.
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C. Consider approval of awarding Bid #Q-0109-01 -Vehicle
Exhaust Removal/Filtration System grant to Air
Technology Solutions, Inc. in the amount of $106,045.00;
and authorizing the City Manager to sign.
D. Consider approval of an ordinance amending the Code of
Ordinances of the City of Coppell, Texas, as amended, by
amending Article 6-16, Alcoholic Beverages, Section 6-16-
4, City Facilities, to add Subsection “C”, to provide for a
permit to consume, possess or sell alcoholic beverages in
certain city facilities; providing for the City Manager to
establish rules and regulations concerning the granting of
the permit; and authorizing the Mayor to sign.
E. Consider approval of an ordinance approving a negotiated
settlement with Atmos Energy Corp., Mid-Tex Division,
regarding the Rate Review Mechanism filing and finding
the attached Tariffs implementing new rates within the
corporate city limits of the City of Coppell are just and
reasonable; and authorizing the Mayor to sign.
Item D was pulled to be considered separately.
Items A, B, C and E:
Action:
Councilmember Faught moved to approve Consent Agenda Items A, B, C
and E carrying Ordinance No. 2009-1237. 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.
Item D:
Action:
Councilmember Tunnell moved to approve Consent Agenda Item D
carrying Ordinance No. 2009-1236. Councilmember Faught seconded
the motion; the motion carried 6-1 with Mayor Pro Tem Hunt and
Councilmembers Brancheau, Mahalik, Tunnell, Faught and Franklin
voting in favor of the motion and Councilmember Hinojosa-Flores voting
against the motion.
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12. PUBLIC HEARING:
To receive public comment concerning the proposed 2009-
2010 Municipal Budget.
Presentation:
Jennifer Miller, Finance Director, made a presentation to the Council.
Public Hearing:
Mayor Peters opened the Public Hearing and asked for those persons
wishing to speak:
1. Dave Capps, 542 Rolling Hills, spoke against the proposal;
2. Robert Key, 204 Steamboat, spoke against the proposal;
3. Al Enlow, 1514 Pebble Creek, spoke against the proposal;
4. Steve Berens, 328 Woodhurst, spoke against the proposal;
5. Mark Wolfe, 763 Lexington, spoke against the proposal;
6. Ivan Lackler, 1319 Westchester, spoke against the proposal;
7. Mike Wilcox, 910 Mallard, spoke against the proposal;
8. Janet Green, 30 Winding Hollow, spoke against the proposal;
9. Barb Schmidt, 622 Pheasant Lane, spoke against the proposal;
10. Darien Hall, 836 Blue Jay, spoke against the proposal;
11. Bob Finken, 1032 Basilwood, spoke against the proposal;
12. Pat Kernan, 724 Robin, spoke against the proposal;
13. Jeff Berger, 622 DeForest Court, spoke against the proposal;
14. Bob Green, 30 Winding Hollow, spoke against the proposal;
15. Diana Raines, 616 Bethel School Road, spoke against the proposal;
16. Tom Guidry, 771 Pelican Lane, spoke against the proposal;
17. Jack Simmons, 600 Brookshire, spoke against the proposal;
18. Nicholas Osmond, 410 Gifford, spoke against the proposal;
19. Marge Wick, 523 Lee Drive, spoke against the proposal;
20. Charles Wick, 523 Lee Drive, spoke against the proposal; abd
21. Linda Airey, 331 Gifford, spoke against the proposal.
Action:
Mayor Pro Tem Hunt 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.
A short recess was held at this time.
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13. PUBLIC HEARING:
To receive public comment concerning the proposed 2009-
2010 tax rate of 0.69146.
Presentation:
Jennifer Miller, Finance Director, made a presentation to the Council.
Public Hearing:
Mayor Peters opened the Public Hearing and asked for those persons
wishing to speak:
1. Nick Brunos, 336 Cedar Crest, spoke against the proposal;
2. Julie Woodward, 180 Park Valley, spoke against the proposal;
3. Chris Ruska, 233 Chestnut, spoke against the proposal;
4. Frank Kretzschmar, 110 Mapleleaf, spoke against the proposal;
5. Cliff Long, 776 Crestview Court, spoke against the proposal;
6. Gail Modic, 806 East Bethel School Road, spoke against the
proposal;
7. C. W. St. John, 740 Robin, spoke against the proposal;
8. Brad Masters, 200 Plantation, spoke against the proposal;
9. Jerry Coker, 345 Westlake, spoke against the proposal;
10. Bob O’Conner, 116 Sand Point Court, spoke against the proposal;
11. Melissa Raetzman, 641 W. Penninsula, spoke against the proposal;
12. David Vonzurmuehhler, 301 Forestcrest, spoke against the
proposal;
13. Jostes Fernandez, 651 Allen Road, spoke against the proposal;
14. Julie Marshall, 934 Laguna Drive, spoke against the proposal; and
15. Gene Mason, 533 Brookcrest, spoke against the proposal.
Action:
Councilmember Hinojosa-Flores moved to close the Public Hearing.
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.
A short reces was held at this time.
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14. Consider approval of an Ordinance of the City of Coppell,
Texas, approving an amendment to Ordinance No. 2008-1205,
the budget for the Fiscal Year October 1, 2008 through
September 30, 2009, and authorizing the Mayor to sign.
Presentation:
Jennifer Miller, Finance Director, made a presentation to the Council.
Action:
Councilmember Brancheau moved to approve Ordinance No. 2009-1238
approving an amendment to Ordinance No. 2008-1205, the budget for
the Fiscal Year October 1, 2008 through September 30, 2009, 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.
15. Consider approval of a resolution authorizing At Your Service
Catering and Event Planning as the single vendor for alcohol
sales at Oak Fest 2009, implement a $1,000.00 permit fee,
authorize the City Manager to execute the necessary permit
documents, and authorizing the Mayor to sign the resolution.
Presentation:
Brad Reid, Director of Parks, made a presentation to the Council.
Action:
Councilmember Faught moved to approve Resolution No. 2009-0825.1.
Councilmember Mahalik seconded the motion; the motion carried 5-2
with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik,
Tunnell and Faught voting in favor of the motion and Councilmembers
Hinojosa-Flores and Franklin voting against the motion.
16. City Manager's Report.
A. Project Update and Future Agendas.
A. City Manager Clay Phillips reported a number of road construction
projects are currently underway, or will be starting soon. The final
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concert for the Music in the Plaza series is August 25. It has been
a success for its first year. Finally, the public meeting on Old
Coppell was held on August 18 and was well-received.
17. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell
B. Coppell ISD – Mahalik and Hinojosa-Flores.
C. Coppell Seniors – Brancheau and Faught.
D. Dallas Regional Mobility Coalition – Peters and Hunt.
E. DFW Airport Board – Peters.
F. International Council for Local Environmental Initiatives
(ICLEI) – Brancheau
G. Metrocrest Hospital Authority – Tunnell.
H. Metrocrest Medical Foundation – Mahalik.
I. Metrocrest Medical Services – Hinojosa-Flores.
J. Metrocrest Social Services – Franklin.
K. North Texas Council of Governments – Tunnell.
L. NTCOG/Regional Emergency Management – Faught.
M. North Texas Commission – Hunt.
N. Senior Adult Services – Franklin.
A. Councilmember Tunnell reported CFBISD will hold a Public
Hearing for the school budget on August 27. A special election for
the School Board will be held on November 3, with the candidate
deadline on August 28.
B. Councilmember Mahalik announced that Coppell ISD started
school on August 24 with 9,823 students this year. CISD
maintained their Recognized rating and the Class of 2009 has the
highest SAT scores in the history of CISD.
C. Councilmember Faught informed Council that the Coppell Seniors
will be having a Grandparents Luncheon on September 9 and a
Mexican Fiesta on September 14. The Gadabouts will be touring
the Dallas Cowboy Stadium, Granbury Historic Square and the Old
Red Museum this month. Finally, trips to Paragon Casino and
Marchville are scheduled for the end of September.
D. Nothing to report.
E. Nothing to report.
F. Nothing to report.
G. Nothing to report.
H. Nothing to report.
I. Nothing to report.
J. Nothing to report.
cm082509
Page 9 of 10
K. Nothing to report.
L. Nothing to report.
M. Mayor Pro Tem Hunt reported that the inaugural leadership class
for North Texas Commission has been selected. The annual
luncheon will be held on September 22 at the Dallas Cowboy
Stadium.
N. Councilmember Franklin announced the Tee It Up for Seniors Golf
Tournament will be held on October 12 at the Indian Creek Golf
Club. Also, Senior Adult Services has acquired their new
headquarters.
18. Necessary action resulting from Work Session.
There was no action necessary under this item.
19. Necessary action resulting from Executive Session.
Action:
Councilmember Brancheau moved to approve the 5th Amendment to the
Contract of Purchase and Sale in lieu of eminent domain by and between
the City of Coppell and Cypress Water Land A, Ltd. to effect the real
estate closing the North Sliver Tract on or before October 31, 2009,
which will assist in facilitating the 10,000 unit cap on the North Lake
Development, and authorizing the City Manager 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.
Action:
Councilmember Mahalik moved to approve the 4th Amendment to the
settlement agreement by and between the City of Coppell and Billingsley
Development Corporation to secure the Utility Commitment Agreement
from the date August 31, 2009 to October 31, 2009, and to seek securing
the Utility Commitment after October 31, 2009 which would permit the
Developer, CWLA, Ltd., to consider the imposition of the density cap of
10,000 units on the North Lake Development, on or before January 31,
2009, and authorize the City Manager to sign. 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.
cm082509
Page 10 of 10
There being no further business to come before the City Council, the meeting
was adjourned.
____________________________________
Jayne Peters, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
MINUTES OF SEPTEMBER 1, 2009
The City Council of the City of Coppell met in Special Called Session on
Tuesday, September 1, 2009, at 6:00 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 David Dodd.
1. Call to order.
Mayor Peters called the meeting to order and determined that a quorum
was present.
2. PUBLIC HEARING:
To receive public comment concerning the proposed 2009-
2010 tax rate of 0.69146.
Presentation:
Mayor Peters and City Manager Clay Phillips made presentations to
clarify misinformation being circulated throughout the community.
Public Hearing:
Mayor Peters opened the Public Hearing and asked for those persons
wishing to speak.
1. Tom Sheehan, 321 Quiet Valley, spoke against the proposal;
2. Steve Berens, 328 Woodhurst Place, spoke against the proposal;
3. Jeff Burgher, 622 DeForest, spoke against the proposal;
4. Frank Kretzschmar, 110 Mapleleaf, spoke against the proposal;
5. Barb Schmidt, 622 Pheasant Lane, spoke against the proposal;
cm090109
Page 1 of 2
6. Kent Moore, 400 Southwestern, addressed the Council;
7. Joan Capezzuto, 956 Hidden Hollow, spoke against the proposal;
8. Dave Capps, 542 Rolling Hills Road, spoke against the proposal;
9. Jim Woodward, 180 Park Valley, spoke against the proposal;
10. Jerry Starkweather, 140 Wrenwood, spoke against the proposal;
11. Mark Stewart, 463 Grace Lane, spoke against the proposal;
12. Jack Clark, 718 Beal Lane, spoke against the proposal;
13. David VonZurmuehlen, 301 Forestcrest, spoke against the
proposal;
14. Joe Shirley, 582 Villawood Lane, spoke against the proposal; and
15. Jeff Powell, 150 London Way, spoke against the proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing.
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.
3. Discussion regarding the proposed Budget and Tax Rate for FY
2009-2010.
Council discussed the possible scenarios regarding the tax rate
and the budget. The consensus of the majority of Council was to
have a zero tax increase for 2009/2010 and a five cent increase for
2010/2011.
There being no further business to come before the City Council, the
meeting was adjourned.
____________________________________
Jayne Peters, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
cm090109
Page 2 of 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
September 8, 2009
8/B
✔
CONTRACT/BID or PROPOSAL
Consider approval of awarding Bid Q-0709-01 for the Coppell Justice Center Fence construction to Parkscape
Construction in the amount of $58,892.00 and authorizing the City Manager to sign all necessary documentation.
Bid-Q-0709-01 for the Coppell Justice Center Fence opened on August 13, 2009. There were a total of seven bids
received (see attached Bid Tabulation). Parkscape Construction is the low bidder with a total bid amount of
$58,892.00. City staff and Halff & Associates met with Parkscape Construction, to discuss their approach to the project
and qualifications. After the meeting and checking references, staff recommends they be awarded the construction
contract.
Staff will be available to answer any questions.
Funds are budgeted in the Facilities Maintenance budget (01-03-13-5110) for this project.
Staff recommends the bid be awarded to Parkscape Construction in
the amount of $58,892.00.
#Justice Center Fence
MEMORANDUM
TO: Mayor and City Council
VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
FROM: Sheri Moino, Facilities Manager
DATE: September 8, 2009
REF: Consider approval of awarding Bid Q-0709-01 for the Coppell Justice
Center Fence construction to Parkscape Construction in the amount
of $58,892.00 and authorizing the City Manager to sign all necessary
documentation.
The Coppell Justice Center Fence is a budgeted capital line item in FY 2008/09. This
improvement will match the adjacent Town Center Plaza column and ornamental fence
design. The fence will provide a barrier between the Police parking lot and the Town
Center Plaza to ensure the safety of patrons and prohibit pedestrian traffic cutting through
the parking lot to access the Plaza, as well as added security to the Police vehicles. The
construction was estimated at $150,000.00. This estimate was based on the recent
fencing installed at the Town Center Plaza. Bids received fell way below the estimated
construction cost. Halff & Associates have reviewed the bids to ensure compliance with
specifications and their recommendation is also attached for your review.
If awarded, construction will begin mid September and be completed by the end of
November. There will be some minor interruption and congestion associated with the
Police parking lot during the drilling of piers associated with this project. The
construction should be complete prior to the holiday festivities held at the Town Center
Plaza.
Staff reviewed the design plans with Planning and has received an administrative
approval for this project.
Staff recommends approval and will be available to answer any questions.
August 26, 2009
AVO 26794
Sheri Moino, Facilities Manger
City of Coppell
816 S. Coppell Road
Coppell, Texas 75019
Re: Coppell Justice Center Fence
Dear Ms. Moino:
Please receive a summary of the research of Parkscape Construction, Inc s list of references for
the Coppell Justice Center Fence in the City of Coppell, TX. Listed on the attachment are the
questions asked of each contacted reference and their response.
As per the comments received from the references, Halff Associates, Inc. finds no reason to
reject Parkscape Constructio, Inc. as the lowest qualified bidder to the aforementioned project.
The base bid submitted for approval for the fence upgrade is in the amount of $58,892.33
(including $6,000.00 lump sum for pier casings) with the second lowest bid of $74,890 by
Corbet Group, Inc.
Items noted while reviewing references presented were: None.
However the City of Coppell Legal Attorneys should review all aspects of the contracts and
bonds before final acceptance of contractor for construction.
We concluded that no information was provided to disallow the recommendation for contractor
approval. It is contingent upon the City of Coppell and Staff to evaluate the findings and move
for a decision to be made for the contractor for The Coppell Town Center Plaza.
Per our conversation with Jerod Anderson at the City, we recommend excluding Deduct
Alternates 1.
Yours truly,
HALFF ASSOCIATES, INC.
Francois de Kock
Francois de Kock, RLA
PROJECT MANAGER
Cc: File
id71280296 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com
Sheri Moino, Facilities Manger City of Coppell August 26, 2009 Page 2
A.
CLIENT: Nan Faith Arnold Company
CONTACT PERSON: Nan Arnold 972-239-6229
PROJECT: Avalon, US Air Force Memorial, Devonshire
PROJECT TYPE: Hardscape Construction
Were they .
1. Cooperative regarding change issues? Yes
2. Reasonable when change costs were encountered? None encountered
3. On schedule? Yes
4. Good managers of their own personnel? Yes
5. Good managers of their sub-contractors? Yes
6. Good recorders of daily events and meetings (daily log; meeting minutes etc.)? Yes
7. Good managers of record drawings? N/A responsibility of NFA Company
8. Prudent and complete when punch lists were prepared? Yes
9. Prudent and complete about close-out documents? Yes
10. Responsive to correspondence and communication? Yes
Did they
11. Finish within budget? Yes
12. Initiate any change orders? None
13. Protect completed work? Yes
14. Manage plant procurements properly? Yes
15. Follow the intent of the planting scheme? Yes
16. Avoid substitutions of plants material? Yes
17. Respond to warranty problems? Yes, promptly
18. Maintain plants during warranty period? Yes
Misc
19. Would you use them again? Highly recommends them
20. Did/do you have a good working relationship with them? Yes
Sheri Moino, Facilities Manger City of Coppell August 26, 2009 Page 3
B.
CLIENT: Austin Bridge and Road
CONTACT PERSON: Troy Childers 214-596-7301
PROJECT: Lake Highlands Tower Center
PROJECT TYPE: Hardscape construction
Were they .
1. Cooperative regarding change issues? Yes
2. Reasonable when change costs were encountered? Yes
3. On schedule? Yes
4. Good managers of their own personnel? Yes
5. Good managers of their sub-contractors? Yes
6. Good recorders of daily events and meetings (daily log; meeting minutes etc.)? Yes
7. Good managers of record drawings? Yes
8. Prudent and complete when punch lists were prepared? Yes
9. Prudent and complete about close-out documents? Yes
10. Responsive to correspondence and communication? Yes
Did they
11. Finish within budget? Yes
12. Initiate any change orders? Yes
13. Protect completed work? Yes
14. Manage plant procurements properly? N/A (Hardscape only)
15. Follow the intent of the planting scheme? N/A (Hardscape only)
16. Avoid substitutions of plants material? N/A (Hardscape only)
17. Respond to warranty problems? Yes
18. Maintain plants during warranty period? N/A (Hardscape only)
Misc
19. Would you use them again? Yes
20. Did/do you have a good working relationship with them? Yes
Q-0709-01 Construction of Coppell Justice Center Fence
Base Bid Alternate Bid
Parkscape Construction, Inc $58,892.33 -9,579.78
Corbet Group, Inc $74,890.00 -7,000.00
Bird Construction Services $74,905.00 -7,964.00
Site Plannning $76,679.00 -11,100.00
Thousand Mile South Construction, Inc. $77,300.00 -21,000.00
C. Green Scaping, LP $78,647.50 -26,400.00
Northstar Construction, Inc $124,000.00 -30,000.00
Coppell Town Center Plaza
Fence Addition at the
Coppell Justice Center
Created in LDDT
1 INCH = 1 MILE
0 11/2
S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\TOWNCENTER FENCE
Created on: 02 September 2009 by Scott Latta 1/2
1 INCH = FT.
0 60
60
30
Coppell Town Center Plaza
Fence Addition at the
Coppell Justice Center
Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\TOWNCENTER FENCE
Created on: 02 September 2009 by Scott Latta 2/2
PROPOSED FENCE
CITY OF COPPELL, TEXAS
STANDARD FIXED PRICE AGREEMENT
FOR THE CONSTRUCTION OF
Bid No. Q-0709-01
CONSTRUCTION OF COPPELL JUSTICE CENTER FENCE
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 1
_____________________________________________________________________________________
BID Q-0709-01 CONSTRUCTION OF COPPELL JUSTICE CENTER FENCE
___________________________________________________________________________________________________________________________________________________________________________________________
City of Coppell, Texas
This Agreement is made by and between the City of Coppell, Texas, a home-rule municipality
(hereinafter referred to as the "Owner") and Parkscape Construction, Inc, (hereinafter referred to as the
"Contractor") for Construction of Coppell Justice Center Fence, (hereinafter referred to as the "Project"), the
Owner and the Contractor hereby agreeing as follows:
ARTICLE I
THE CONTRACT AND THE CONTRACT
DOCUMENTS
1.1 THE CONTRACT
1.1.1 The Contract between the Owner and
the Contractor, of which this Agreement is a part,
consists of the Contract Documents. It shall be
effective on the date this Agreement is executed by
the last party to execute it.
1.2. THE CONTRACT DOCUMENTS
1.2.1 The Contract Documents consist of this
Agreement, the Invitation to Bid, Requirements and
Instructions to Bidders, the Specifications, the
Drawings, the Project Manual, all Change Orders and
Field Orders issued hereafter, any other amendments
hereto executed by the parties hereafter, together with
the following (if any):
Documents not enumerated in this Paragraph 1.2.1
are not Contract Documents and do not form part of
this Contract.
1.3 ENTIRE AGREEMENT
1.3.1 This Contract, together with the
Contractor's performance and payment bonds for the
Project, all General Conditions, Special Conditions,
Plans and Specifications, and Addenda attached
thereto, constitute the entire and exclusive agreement
between the Owner and the Contractor with reference
to the Project. Specifically, but without limitation,
this Contract supersedes any bid documents and all
prior written or oral communications, representations
and negotiations, if any, between the Owner and
Contractor not expressly made a part hereof.
1.4 NO PRIVITY WITH OTHERS
1.4.1 Nothing contained in this Contract shall
create, or be interpreted to create, privity or any other
contractual agreement between the Owner and any
person or entity other than the Contractor.
1.5 INTENT AND INTERPRETATION
1.5.1 The intent of this Contract is to require
complete, correct and timely execution of the Work.
Any Work that may be required, implied or inferred
by the Contract Documents, or any one or more of
them, as necessary to produce the intended result
shall be provided by the Contractor for the Contract
Price.
1.5.2 This Contract is intended to be an
integral whole and shall be interpreted as internally
consistent. What is required by any one Contract
Document shall be considered as required by the
Contract.
1.5.3 When a word, term or phrase is used in
this Contract, it shall be interpreted or construed,
first, as defined herein; second, if not defined,
according to its generally accepted meaning in the
construction industry; and third, if there is no
generally accepted meaning in the construction
industry, according to its common and customary
usage.
1.5.4 The words "include", "includes", or
"including", as used in this Contract, shall be deemed
to be followed by the phrase, "without limitation".
1.5.5 The specification herein of any act,
failure, refusal, omission, event, occurrence or
condition as constituting a material breach of this
Contract shall not imply that any other, non-specified
act, failure, refusal, omission, event, occurrence or
condition shall be deemed not to constitute a material
breach of this Contract.
1.5.6 Words or terms used as nouns in this
Contract shall be inclusive of their singular and plural
forms, unless the context of their usage clearly
requires a contrary meaning.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 2
_____________________________________________________________________________________
BID Q-0709-01 CONSTRUCTION OF COPPELL JUSTICE CENTER FENCE
___________________________________________________________________________________________________________________________________________________________________________________________
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 3
1.5.7 The Contractor shall have a continuing
duty to read, carefully study and compare each of the
Contract Documents, the Shop Drawings, the Product
Data, and any Plans and Specifications, and shall
give written notice to the Owner of any
inconsistency, ambiguity, error or omission which the
Contractor may discover with respect to these
documents before proceeding with the affected Work.
The issuance, or the express or implied approval by
the Owner or the Architect of the Contract
Documents, Shop Drawings or Product Data shall not
relieve the Contractor of the continuing duties
imposed hereby, nor shall any such approval be
evidence of the Contractor's compliance with this
Contract. The Owner has requested the Architect to
only prepare documents for the Project, including the
Drawings and Specifications for the Project, which
are accurate, adequate, consistent, coordinated and
sufficient for construction. HOWEVER, THE
OWNER MAKES NO REPRESENTATION OR
WARRANTY OF ANY NATURE WHATSOEVER
TO THE CONTRACTOR CONCERNING SUCH
DOCUMENTS. By the execution hereof, the
Contractor acknowledges and represents that it has
received, reviewed and carefully examined such
documents, has found them to be complete, accurate,
adequate, consistent, coordinated and sufficient for
construction, and that the Contractor has not, does
not, and will not rely upon any representation or
warranties by the Owner concerning such documents
as no such representation or warranties have been or
are hereby made. Further, the Contractor represents
and warrants that it has had a sufficient opportunity
to inspect the Project site and assumes any and all
responsibility for inadequacies or ambiguities in the
plans, drawings or specifications as well as for latent
conditions of the site where the work is to be
performed.
1.5.8 As between numbers and scaled
measurements on the Drawings and in the Design, the
numbers shall govern, as between larger scale and
smaller scale drawings, the larger scale shall govern.
1.5.9 Neither the organization of any of the
Contract Documents into divisions, sections,
paragraphs, articles, (or other categories), nor the
organization or arrangement of the Design, shall
control the Contractor in dividing the Work or in
establishing the extent or scope of the Work to be
performed by Subcontractors.
1.6 OWNERSHIP OF
CONTRACT DOCUMENTS
1.6.1 The Contract Documents, and each of
them, shall remain the property of the Owner. The
Contractor shall have the right to keep one record set
of the Contract Documents upon completion of the
Project; provided, however, that in no event shall
Contractor use, or permit to be used, any or all of
such Contract Documents on other projects without
the Owner's prior written authorization.
ARTICLE II
THE WORK
2.1 The Contractor shall perform all of the
Work required, implied or reasonably inferable from,
this Contract.
2.2 WORK
2.2.1 The term "Work" shall mean whatever is
done by or required of the Contractor to perform and
complete its duties under this Contract, including the
following: construction of the whole or a designated
part of the Project; furnishing of any required surety
bonds and insurance, and the provision or furnishing
of labor, supervision, services, materials, supplies,
equipment, fixtures, appliances, facilities, tools,
transportation, storage, power, permits and licenses
required of the Contractor, fuel, heat, light, cooling
and all other utilities as required by this Contract.
The Work to be performed by the Contractor is
generally described as follows: Installation of a 4
foot fence constructed of steel panels and masonry
columns (or steel columns, as per bid alternate) along
400 feet of the perimeter of the Coppell Justice
Center property. Construction will also require the
contractor to adjust the existing planting layout and
irrigation system to accommodate the newly installed
fence. The contractor will also be required to
coordinate any permitting required for the fence and
irrigation.
2.2.2 The Contractor shall be responsible for
paying for and procuring all materials and labor and
furnishing all services necessary or appropriate for
the full performance of the Work and the for the full
completion of the Project. All materials shall be new
and materials and workmanship shall be of good
quality. Upon request, the Contractor shall furnish
_____________________________________________________________________________________
BID Q-0709-01 CONSTRUCTION OF COPPELL JUSTICE CENTER FENCE
___________________________________________________________________________________________________________________________________________________________________________________________
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 4
satisfactory proof of the type, kind, and quality of
materials.
ARTICLE III
CONTRACT TIME
3.1 TIME AND LIQUIDATED DAMAGES
3.1.1 The Contractor shall commence the
Work within 10 days of receipt of a written Notice to
Proceed, and shall achieve Substantial Completion of
the Work no later than 90 calendar days from the date
specified in the Notice to Proceed. The parties
acknowledge that time is of the essence in the
performance of the terms of this Contract. The term
“calendar days” shall mean any and all days of the
week or month, no days being excepted. "Hours
worked before 8:00 a.m. after 5:00 p.m., all weekends
and holidays are subject to overtime. Overtime request
must be made in writing and approved by the City of
Coppell. Seventy-two hours notice required. All
overtime incurred by the City for inspection services
shall be paid by the Contractor. If not paid, such cost
may be deducted from partial payments." It is
contemplated by the parties that the progress of the
Work may be delayed by certain conditions beyond
the control of the parties; these delays have been
contemplated by the parties and considered in the
time allotted for performance specified herein and
includes, but is not limited to delays occasioned on
account of adverse weather, temporary unavailability
of materials, shipment delays, and the presence and
potential interference of other contractors who may
be performing work at the Project site unrelated to
this agreement.
The number of calendar days from the date on which
the Work is permitted to proceed, through the date set
forth for Substantial Completion, shall constitute the
"Contract Time".
3.1.2 The Contractor shall pay the Owner the
sum of $250.00 per day for each and every calendar
day of unexcused delay in achieving Substantial
Completion beyond the date set forth herein for
Substantial Completion of the Work. Any sums due
and payable hereunder by the Contractor shall be
payable, not as a penalty, but as liquidated damages
representing an estimate of delay damages likely to
be sustained by the Owner, estimated at or before the
time of executing this Contract. When the Owner
reasonably believes that Substantial Completion will
be inexcusably delayed, the Owner shall be entitled,
but not required, to withhold from any amounts
otherwise due the Contractor an amount then
believed by the Owner to be adequate to recover
liquidated damages applicable to such delays. if and
when the Contractor overcomes the delay in
achieving Substantial Completion, or any part
thereof, for which the Owner has withheld payment,
the Owner shall promptly release to the Contractor
those funds withheld, but no longer applicable, as
liquidated damages.
3.1.3 No claim shall be made by the
Contractor to the Owner, and no damages, costs or
extra compensation shall be allowed or paid by the
Owner to the Contractor for any delay or hindrance
from any cause in the progress or completion of the
Work or this Contract. The Contractor’s sole remedy
in the event of any delay or hindrance shall be to
request time extensions by written change orders as
provided for hereinafter. Should the Contractor be
delayed by an act of the Owner, or should the Owner
order a stoppage of the Work for sufficient cause, an
extension of time shall be granted by the Owner by
written authorization upon written application, which
extension shall not be unreasonably denied, to
compensate for the delay.
3.1.4 The Owner shall have the authority to
suspend the Work wholly or in part for such period or
periods of time as it may deem appropriate due to
unsuitable conditions considered unfavorable for the
proper prosecution of the Work or for the failure of
the Contractor to carry out instructions from the
Owner or Owner’s representative. During any period
in which the Work is stopped or during which any of
the Work is not actively in progress for any reason,
Contractor shall properly protect the site and the
Work from damage, loss or harm.
3.2 SUBSTANTIAL COMPLETION
3.2.1 "Substantial Completion" shall mean
that stage in the progression of the Work when the
Work is sufficiently complete in accordance with this
Contract that the Owner can enjoy beneficial use or
occupancy of the Work and can utilize the Work for
its intended purpose, even though minor
miscellaneous work and/or adjustment may be
required.
_____________________________________________________________________________________
BID Q-0709-01 CONSTRUCTION OF COPPELL JUSTICE CENTER FENCE
___________________________________________________________________________________________________________________________________________________________________________________________
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 5
3.3 TIME IS OF THE ESSENCE
3.3.1 All limitations of time set forth in the
Contract Documents are of the essence of this
Contract.
ARTICLE IV
CONTRACT PRICE
4.1 THE CONTRACT PRICE
4.1.1 The Owner shall pay, and the
Contractor shall accept, as full and complete payment
for all of the Work required herein, the fixed sum of
$_58,892.33_.
The sum set forth in this Paragraph 4.1 shall
constitute the Contract Price which shall not be
modified except by written Change Order as provided
in this Contract.
ARTICLE V
PAYMENT OF THE CONTRACT PRICE
5.1 SCHEDULE OF VALUES
5.1.1 Within ten (10) calendar days of the
effective date hereof, the Contractor shall submit to
the Owner and to the Architect a Schedule of Values
allocating the Contract Price to the various portions
of the Work. The Contractor's Schedule of Values
shall be prepared in such form, with such detail, and
supported by such data as the Architect or the Owner
may require to substantiate its accuracy. The
Contractor shall not imbalance it’s Schedule of
Values nor artificially inflate any element thereof.
The violation of this provision by the Contractor shall
constitute a material breach of this Contract. The
Schedule of Values shall be used only as a basis for
the Contractor's Applications for Payment and shall
only constitute such basis after it has been
acknowledged and accepted in writing by the
Architect and the Owner.
5.2 PAYMENT PROCEDURE
5.2.1 The Owner shall pay the Contract Price
to the Contractor as provided below.
5.2.2 PROGRESS PAYMENTS - Based upon the
Contractor's Applications for Payment submitted to
the Architect and upon Certificates for Payment
subsequently issued to the Owner by the Architect,
the Owner shall make progress payments to the
Contractor on account of the Contract Price.
5.2.3 On or before the 25th day of each
month after commencement of the Work, the
Contractor shall submit an Application for Payment
for the period ending the 15th day of the month to the
Architect in such form and manner, and with such
supporting data and content, as the Owner or the
Architect may require. Therein, the Contractor may
request payment for ninety percent (90%) of that
portion of the Contract Price properly allocable to
Contract requirements properly provided, labor,
materials and equipment properly incorporated in the
Work, less the total amount of previous payments
received from the Owner. Such Application for
Payment shall be signed by the Contractor and shall
constitute the Contractor's representation that the
Work has progressed to the level for which payment
is requested in accordance with the Schedule of
Values, that the Work has been properly installed or
performed in full compliance with this Contract, and
that the Contractor knows of no reason why payment
should not be made as requested. Thereafter, the
Architect will review the Application for Payment
and may also review the Work at the Project site or
elsewhere to determine whether the quantity and
quality of the Work is as represented in the
Application for Payment and is as required by this
Contract. The Architect shall determine and certify
to the Owner the amount properly owing to the
Contractor. The Owner shall make partial payments
on account of the Contract Price to the Contractor
within thirty (30) days following the Architect's
receipt and approval of each Application for
Payment. The amount of each partial payment shall
be the amount certified for payment by the Architect
less such amounts, if any, otherwise owing by the
Contractor to the Owner or which the Owner shall
have the right to withhold as authorized by this
Contract. The Architect's certification of the
Contractor's Application for Payment shall not
preclude the Owner from the exercise of any of its
rights as set forth in Paragraph 5.3 herein below.
5.2.4 The Contractor warrants that title to all
Work covered by an Application for Payment will
pass to the Owner no later than the time of payment.
The Contractor further warrants that upon submittal
of an Application for Payment, all Work for which
payments have been received from the Owner shall
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be free and clear of liens, claims, security interest or
other encumbrances in favor of the Contractor or any
other person or entity whatsoever.
5.2.5 The Contractor shall promptly pay each
Subcontractor out of the amount paid to the
Contractor on account of such Subcontractor's Work,
the amount to which such Subcontractor is entitled.
In the event the Owner becomes informed that the
Contractor has not paid a Subcontractor as herein
provided, the Owner shall have the right, but not the
duty, to issue future checks in payment to the
Contractor of amounts otherwise due hereunder
naming the Contractor and such Subcontractor as
joint payees. Such joint check procedure, if
employed by the Owner, shall create no rights in
favor of any person or entity beyond the right of the
named payees to payment of the check and shall not
be deemed to commit the Owner to repeat the
procedure in the future.
5.2.6 No progress payment, nor any use or
occupancy of the Project by the owner, shall be
interpreted to constitute an acceptance of any Work
not in strict accordance with this Contract.
5.3 WITHHELD PAYMENT
5.3.1 The Owner may decline to make
payment, may withhold funds, and, if necessary, may
demand the return of some or all of the amounts
previously paid to the Contractor, to protect the
Owner from loss because of:
(a) defective Work not remedied by the
Contractor nor, in the opinion of the
Owner, likely to be remedied by the
Contractor;
(b) claims of third parties against the
Owner or the Owner's property;
(c) failure by the Contractor to pay
Subcontractors or others in a prompt
and proper fashion;
(d) evidence that the balance of the Work
cannot be completed in accordance with
the Contract for the unpaid balance of
the Contract Price,
(e) evidence that the Work will not be
completed in the time required for
substantial or final completion;
(f) persistent failure to carry out the Work
in accordance with the Contract;
(g) damage to the Owner or a third party to
whom the Owner is, or may be, liable.
In the event that the Owner makes
written demand upon the Contractor for amounts
previously paid by the Owner as contemplated in this
Subparagraph 5.3.1, the Contractor shall promptly
comply with such demand. The Owner shall have no
duty to third parties to withhold payment to the
Contractor and shall incur no liability for a failure to
withhold funds.
5.4 UNEXCUSED FAILURE TO PAY
5.4.1 If within fifteen (15) days after the date
established herein for payment to the Contractor by
the Owner, the Owner, without cause or basis
hereunder, fails to pay the Contractor any amount
then due and payable to the Contractor, then the
Contractor may after ten (10) additional days' written
notice to the Owner and the Architect, and without
prejudice to any other available rights or remedies it
may have, stop the Work until payment of those
amounts due from the Owner have been received.
Late payments shall not accrue interest or other late
charges.
5.5 SUBSTANTIAL COMPLETION
5.5.1 When the Contractor believes that the
Work is substantially complete, the Contractor shall
submit to the Architect a list of items to be completed
or corrected. When the Architect on the basis of an
inspection determines that the Work is in fact
substantially complete, it will prepare a Certificate of
Substantial Completion which shall establish the date
of Substantial Completion, shall state the
responsibilities of the Owner and the Contractor for
Project security, maintenance, heat, utilities, damage
to the Work, and insurance, and shall fix the time
within which the Contractor shall complete the items
listed therein. Guarantees required by the Contract
shall commence on the date of Substantial
Completion of the Work. The Certificate of
Substantial Completion shall be submitted to the
Owner and the Contractor for their written
acceptance of the responsibilities assigned to them in
such certificate.
Upon Substantial Completion of the Work, and
execution by both the Owner and the Contractor of
the Certificate of Substantial Completion, the Owner
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shall pay the Contractor an amount sufficient to
increase total payments to the Contractor to one
hundred percent (100%) of the Contract Price less
three hundred percent (300%) of the reasonable cost
as determined by the Owner and the Architect for
completing all incomplete Work, correcting and
bringing into conformance all defective and
nonconforming Work, and handling all unsettled
claims.
5.6 COMPLETION AND FINAL PAYMENT
5.6.1 When all of the Work is finally
complete and the Contractor is ready for a final
inspection, it shall notify the Owner and the Architect
thereof in writing. Thereupon, the Architect will
make final inspection of the Work and, if the Work is
complete in full accordance with this Contract and
this Contract has been fully performed, the Architect
will promptly issue a final Certificate for Payment
certifying to the Owner that the Project is complete
and the Contractor is entitled to the remainder of the
unpaid Contract Price, less any amount withheld
pursuant to this Contract. If the Architect is unable to
issue its final Certificate for Payment and is required
to repeat its final inspection of the Work, the
Contractor shall bear the cost of such repeat final
inspection(s) which cost may be deducted by the
Owner from the Contractor's final payment.
5.6.1.1 If the Contractor fails to achieve final
completion within the time fixed therefor by the
Architect in its Certificate of Substantial Completion,
the Contractor shall pay the Owner the sum set forth
hereinabove as liquidated damages per day for each
and every calendar day of unexcused delay in
achieving final completion beyond the date set forth
herein for final completion of the Work. Any sums
due and payable hereunder by the Contractor shall be
payable, not as a penalty, but as liquidated damages
representing an estimate of delay damages likely to
be sustained by the Owner, estimated at or before the
time of executing this Contract. When the Owner
reasonably believes that final completion will be
inexcusably delayed, the Owner shall be entitled, but
not required, to withhold from any amounts
otherwise due the Contractor an amount then
believed by the Owner to be adequate to recover
liquidated damages applicable to such delays. If and
when the Contractor overcomes the delay in
achieving final completion, or any part thereof, for
which the Owner has withheld payment, the Owner
shall promptly release to the Contractor those funds
withheld, but no longer applicable, as liquidated
damages.
5.6.2 The Contractor shall not be entitled to
final payment unless and until it submits to the
Architect its affidavit that all payrolls, invoices for
materials and equipment, and other liabilities
connected with the Work for which the Owner, or the
Owner's property might be responsible, have been
fully paid or otherwise satisfied; releases and waivers
of lien from all Subcontractors of the Contractor and
of any and all other parties required by the Architect
or the Owner; consent of Surety, if any, to final
payment. If any third party fails or refuses to provide
a release of claim or waiver of lien as required by the
Owner, the Contractor shall furnish a bond
satisfactory to the Owner to discharge any such lien
or indemnify the Owner from liability.
5.6.3 The Owner shall make final payment of
all sums due the Contractor within ten (10) days of
the Architect's execution of a final Certificate for
Payment.
5.6.4 Acceptance of final payment shall
constitute a waiver of all claims against the Owner by
the Contractor except for those claims previously
made in writing against the Owner by the Contractor,
pending at the time of final payment, and identified
in writing by the Contractor as unsettled at the time
of its request for final payment.
5.6.5 Under no circumstance shall Contractor
be entitled to receive interest on any payments or
monies due Contractor by the Owner, whether the
amount on which the interest may accrue is timely,
late, wrongfully withheld, or an assessment of
damages of any kind.
ARTICLE VI
THE OWNER
6.1 INFORMATION, SERVICES AND THINGS
REQUIRED FROM OWNER
6.1.1 The Owner shall furnish to the
Contractor, at the time of executing this Contract, any
and all written and tangible material in its possession
concerning conditions below ground at the site of the
Project.
Such written and tangible material is furnished to the
Contractor only in order to make complete disclosure
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of such material and for no other purpose. By
furnishing such material, the Owner does not
represent, warrant, or guarantee its accuracy either in
whole, in part, implicitly or explicitly, or at all, and
shall have no liability therefor. The Owner shall also
furnish surveys, legal limitations and utility locations
(if known), and a legal description of the Project site.
6.1.2 Excluding permits and fees normally
the responsibility of the Contractor, the Owner shall
obtain all approvals, easements, and the like required
for construction and shall pay for necessary
assessments and charges required for construction,
use or occupancy of permanent structures or for
permanent changes in existing facilities.
6.1.3 The Owner shall furnish the Contractor,
free of charge, one copy of the Contract Documents
for execution of the Work.
6.2 RIGHT TO STOP WORK
6.2.1 If the Contractor persistently fails or
refuses to perform the Work in accordance with this
Contract, or if the best interests of the public health,
safety or welfare so require, the Owner may order the
Contractor to stop the Work, or any described portion
thereof, until the cause for stoppage has been
corrected, no longer exists, or the Owner orders that
Work be resumed. In such event, the Contractor shall
immediately obey such order.
6.3 OWNER'S RIGHT TO PERFORM WORK
6.3.1 If the Contractor's Work is stopped by
the Owner under Paragraph 6.2, and the Contractor
fails within seven (7) days of such stoppage to
provide adequate assurance to the Owner that the
cause of such stoppage will be eliminated or
corrected, then the Owner may, without prejudice to
any other rights or remedies the Owner may have
against the Contractor, proceed to carry out the
subject Work. In such a situation, an appropriate
Change Order shall be issued deducting from the
Contract Price the cost of correcting the subject
deficiencies, plus compensation for the Architect's
additional services and expenses necessitated
thereby, if any. If the unpaid portion of the Contract
Price is insufficient to cover the amount due the
Owner, the Contractor shall pay the difference to the
Owner.
ARTICLE VII
THE CONTRACTOR
7.1 The Contractor is again reminded of its
continuing duty set forth in Subparagraph 1.5.7. The
Contractor shall perform no part of the Work at any
time without adequate Contract Documents or, as
appropriate, approved Shop Drawings, Product Data
or Samples for such portion of the Work. If the
Contractor performs any of the Work knowing it
involves a recognized error, inconsistency or
omission in the Contract Documents without such
notice to the Architect, the Contractor shall bear
responsibility for such performance and shall bear the
cost of correction.
7.2 The Contractor shall perform the Work
strictly in accordance with this Contract.
7.3 The Contractor shall supervise and
direct the Work using the Contractor's best skill,
effort and attention. The Contractor shall be
responsible to the Owner for any and all acts or
omissions of the Contractor, its employees and others
engaged in the Work on behalf of the Contractor.
7.3.1 The Contractor shall give adequate
attention to the faithful prosecution of the Work and
the timely completion of this Contract, with authority
to determine the manner and means of performing
such Work, so long as such methods insure timely
completion and proper performance.
7.3.2 The Contractor shall exercise all
appropriate means and measures to insure a safe and
secure jobsite in order to avoid and prevent injury,
damage or loss to persons or property.
7.4 WARRANTY
7.4.1 The Contractor warrants to the Owner
that all labor furnished to progress the Work under
this Contract will be competent to perform the tasks
undertaken, that the product of such labor will yield
only first-class results, that materials and equipment
furnished will be of good quality and new unless
otherwise permitted by this Contract, and that the
Work will be of good quality, free from faults and
defects and in strict conformance with this Contract.
All Work not conforming to these requirements may
be considered defective.
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7.5 The Contractor shall obtain and pay for
all permits, fees and licenses necessary and ordinary
for the Work. The Contractor shall comply with all
lawful requirements applicable to the Work and shall
give and maintain any and all notices required by
applicable law pertaining to the Work.
7.6 SUPERVISION
7.6.1 The Contractor shall employ and
maintain at the Project site only competent
supervisory personnel. Absent written instruction
from the Contractor to the contrary, the
superintendent shall be deemed the Contractor's
authorized representative at the site and shall be
authorized to receive and accept any and all
communications from the Owner or the Architect.
7.6.2 Key supervisory personnel assigned by the
Contractor to this Project are as follows:
NAME FUNCTION
____________________ ____________________
____________________ ____________________
____________________ ____________________
____________________ ____________________
____________________ ____________________
So long as the individuals named above remain
actively employed or retained by the Contractor, they
shall perform the functions indicated next to their
names unless the Owner agrees to the contrary in
writing. In the event one or more individuals not
listed above subsequently assume one or more of
those functions listed above, the Contractor shall be
bound by the provisions of this Subparagraph 7.6.2 as
though such individuals had been listed above.
7.7 The Contractor, within fifteen (15) days of
commencing the Work, shall submit to the Owner
and the Architect for their information, the
Contractor's schedule for completing the Work. The
Contractor's schedule shall be revised no less
frequently than monthly (unless the parties otherwise
agree in writing) and shall be revised to reflect
conditions encountered from time to time and shall
be related to the entire Project. Each such revision
shall be furnished to the Owner and the Architect.
Failure by the Contractor to strictly comply with the
provisions of this Paragraph 7.7 shall constitute a
material breach of this Contract.
7.8 The Contractor shall continuously
maintain at the site, for the benefit of the owner and
the Architect, one record copy of this Contract
marked to record on a current basis changes,
selections and modifications made during
construction. Additionally, the Contractor shall
maintain at the site for the Owner and Architect the
approved Shop Drawings, Product Data, Samples 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 SAMPLES
7.9.1 Shop Drawings, Product Data, Samples
and other submittals from the Contractor do not
constitute Contract Documents. Their purpose is
merely to demonstrate the manner in which the
Contractor intends to implement the Work in
conformance with information received from the
Contract Documents.
7.9.2 The Contractor shall not perform any
portion of the Work requiring submittal and review
of Shop Drawings, Product Data or Samples unless
and until such submittal shall have been approved by
the Architect. Approval by the Architect, however,
shall not be evidence that Work installed pursuant
thereto conforms with the requirements of this
Contract.
7.10 CLEANING THE SITE
AND THE PROJECT
7.10.1 The Contractor shall keep the site
reasonably clean during performance of the Work.
Upon final completion of the Work, the Contractor
shall clean the site and the Project and remove all
waste, rubbish, temporary structures, and other
materials together with all of the Contractor's
property therefrom. Contractor shall dispose of all
refuse at a Texas Natural Resource Conservation
Commission approved landfill. The Contractor shall
further restore all property damaged during the
prosecution of the Work and shall leave the site in a
clean and presentable condition. No additional
payment shall be made by the Owner for this work,
the compensation having been considered and
included in the contract price.
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7.11 ACCESS TO WORK AND INSPECTIONS
7.11.1 The Owner and the Architect shall have
access to the Work at all times from commencement
of the Work through final completion. The
Contractor shall take whatever steps necessary to
provide access when requested. When reasonably
requested by the Owner or the Architect, the
Contractor shall perform or cause to be performed
such testing as may be necessary or appropriate to
insure suitability of the jobsite or the Work’s
compliance with the Contract requirements. All
overtime incurred by the City for inspection services
shall be paid by the Contractor. If not paid, such cost
may be deducted from partial payments."
7.12 INDEMNITY AND DISCLAIMER
7.12.1 OWNER SHALL NOT BE LIABLE
OR RESPONSIBLE FOR, AND SHALL BE
INDEMNIFIED, DEFENDED, HELD HARMLESS
AND RELEASED BY CONTRACTOR FROM
AND AGAINST ANY AND ALL SUITS,
ACTIONS, LOSSES, DAMAGES, CLAIMS, OR
LIABILITY OF ANY CHARACTER, TYPE, OR
DESCRIPTION, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, AND
ATTORNEY'S FEES FOR INJURY OR DEATH TO
ANY PERSON, OR INJURY OR LOSS TO ANY
PROPERTY, RECEIVED OR SUSTAINED BY
ANY PERSON OR PERSONS, INCLUDING THE
CONTRACTOR, OR PROPERTY, ARISING OUT
OF, OR OCCASIONED BY, DIRECTLY OR
INDIRECTLY, THE PERFORMANCE OF
CONTRACTOR UNDER THIS AGREEMENT,
INCLUDING CLAIMS AND DAMAGES ARISING
IN WHOLE OR IN PART FROM THE
NEGLIGENCE OF OWNER, WITHOUT,
HOWEVER, WAIVING ANY GOVERN-MENTAL
IMMUNITY AVAILABLE TO THE OWNER
UNDER TEXAS LAW AND WITHOUT WAIVING
ANY DEFENSES OF THE PARTIES UNDER
TEXAS LAW. THE PROVISIONS OF THIS
INDEMNI-FICATION ARE SOLELY FOR THE
BENEFIT OF THE PARTIES HERETO AND NOT
INTENDED TO CREATE OR GRANT ANY
RIGHTS, CONTRACTUAL OR OTHERWISE, TO
ANY OTHER PERSON OR ENTITY. IT IS THE
EXPRESSED INTENT OF THE PARTIES TO THIS
AGREEMENT THAT THE INDEMNITY
PROVIDED FOR IN THIS CONTRACT IS AN
INDEMNITY EXTENDED BY CONTRACTOR TO
INDEMNIFY AND PROTECT OWNER FROM
THE CONSEQUENCES OF THE
CONTRACTOR’S AS WELL AS THE OWNER'S
NEGLIGENCE, WHETHER SUCH NEGLIGENCE
IS THE SOLE OR PARTIAL CAUSE OF ANY
SUCH INJURY, DEATH, OR DAMAGE. IN
ADDITION, CONTRACTOR SHALL OBTAIN
AND FILE WITH OWNER CITY OF COPPELL A
STANDARD CERTIFICATE OF INSURANCE
AND APPLICABLE POLICY ENDORSEMENT
EVIDENCING THE REQUIRED COVERAGE
AND NAMING THE OWNER CITY OF COPPELL
AS AN ADDITIONAL INSURED ON THE
REQUIRED COVERAGE.
7.12.2 The Contractor will secure and maintain
Contractual Liability insurance to cover this
indemnification agreement that will be primary and
non-contributory as to any insurance maintained by
the Owner for its own benefit, including self-
insurance. In addition, Contractor shall obtain and
file with Owner City of Coppell a Standard
Certificate of Insurance and applicable policy
endorsement evidencing the required coverage and
naming the Owner City of Coppell as an additional
insured on the required coverage.
7.12.3 In claims against any person or entity
indemnified under this Paragraph 7.12 by an
employee of the Contractor, a Subcontractor, anyone
directly or indirectly employed by them or anyone for
whose acts they may be liable, the indemnification
obligation under this Paragraph 7.12 shall not be
limited by a limitation on amount or type of damages,
compensation or benefits payable by or for the
Contractor or a Subcontractor under workers'
compensation acts, disability benefit acts or other
employee benefit acts.
7.13 NONDISCRIMINATION
7.13.1 The Contractor shall not discriminate in
any way against any person, employee or job
applicant on the basis of race, color, creed, national
original, religion, age, sex, or disability where
reasonable accommodations can be effected to enable
the person to perform the essential functions of the
job. The Contractor shall further insure that the
foregoing nondiscrimination requirement shall be
made a part and requirement of each subcontract on
this Project.
7.14 PREVAILING WAGE RATES
7.14.1 The Contractor shall comply in all
respects with all requirements imposed by any laws,
ordinances or resolutions applicable to the Project
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with regard to the minimum prevailing wage rates for
all classes of employees, laborers, subcontractors,
mechanics, workmen and persons furnishing labor
and services to the Project. The City of Coppell has
adopted a Prevailing Wage Rate Schedule, available
to the Contractor by request, which specifies the
classes and wage rates to be paid to all persons. The
Contractor shall pay not less than the minimum wage
rates established thereby for each class, craft or type
of labor, workman, or mechanic employed in the
execution of this Contract. The failure of the
Contractor to comply with this requirement shall
result in the forfeiture to the City of Coppell of a sum
of not less than Sixty Dollars ($60.00) for each
person per day, or portion thereof, that such person is
paid less than the prevailing rate. Upon request by
the Owner, Contractor shall make available for
inspection and copying its books and records,
including but not limited to its payroll records,
account information and other documents as may be
required by the Owner to insure compliance with this
provision.
7.15 JOB SITE SAFETY PRECAUTIONS
7.15.1 The Contractor shall at all times
exercise reasonable precautions for the safety of its
employees, laborers, subcontractors, mechanics,
workmen and others on and near the jobsite and shall
comply with all laws, ordinances, regulations, and
standards of federal, state and local safety laws and
regulations. The Contractor shall provide such
machinery guards, safe walk-ways, ladders, bridges,
and other safety devices as may be necessary or
appropriate to insure a safe and secure jobsite and
shall require its subcontractors to comply with this
requirement. The Contractor shall immediately
comply with any and all safety requirements imposed
by the Architect during the progress of the Work.
7.16 WARNING DEVICES AND BARRICADES
7.16.1 The Contractor shall furnish and maintain
such warning devices, barricades, lights, signs,
pavement markings, and other devices as may be
necessary or appropriate or required by the Architect
to protect persons or property in, near or adjacent to
the jobsite, including . No separate compensation
shall be paid to the Contractor for such measures.
Where the Work is being conducted in, upon or near
streets, alleys, sidewalks, or other rights-of-way, the
Contractor shall insure the placement, maintenance
and operation of any and all such warning devices as
may be required by the City of Coppell and shall do
so until no longer required by the City. Such devices
shall be in compliance with and conform to the
manual and specifications for the uniform system of
traffic control devices adopted by the Texas
Department of Transportation.
7.17 PROTECTION OF UTILITIES
AND OTHER CONTRACTORS
7.17.1 The Contractor shall use best efforts to
leave undisturbed and uninterrupted all utilities and
utility services provided to the jobsite or which
presently exists at, above or beneath the location
where the Work is to be performed. In the event that
any utility or utility service is disturbed or damaged
during the progress of the Work, the Contractor shall
forthwith repair, remedy or restore the utility at
Contractor’s sole expense.
7.17.2 The Contractor understands and
acknowledges that other contractors of the Owner or
of other entities may be present at the jobsite
performing other work unrelated to the Project. The
Contractor shall use best efforts to work around other
contractors without impeding the work of others
while still adhering to the completion date established
herein. In the event that the Contractor’s work is or
may be delayed by any other person, the Contractor
shall immediately give notice thereof to the Architect
and shall request a written Change Order in
accordance with the procedures set forth by this
Contract. The Contractor’s failure to provide such
notice and to request such Change Order shall
constitute a waiver of any and all claims associated
therewith.
ARTICLE VIII
CONTRACT ADMINISTRATION
8.1 THE ARCHITECT
8.1.1 When used in this Contract the term
“Architect” does not necessarily denote a duly
licensed, trained or certified architect; as used herein,
the term shall be used interchangeably and shall
mean a designated Architect, Engineer, or Contract
Administrator (who may not be an architect or
engineer) for the Owner, said person to be designated
or redesignated by the Owner prior to or at any time
during the Work hereunder. The Architect may be an
employee of the Owner or may be retained by the
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Owner as an independent contractor but, in either
event, the Architect’s duties and authority shall be as
set forth hereinafter. The Contractor understands and
agrees that it shall abide by the decisions and
instructions of the Architect notwithstanding the
contractual relationship between the Owner and
Architect. All of the Owner’s instructions to the
Contractor shall be through the Architect.
In the event the Owner should find it necessary or
convenient to replace the Architect, the Owner shall
retain a replacement Architect and the status of the
replacement Architect shall be that of the former
Architect.
8.2 ARCHITECT'S ADMINISTRATION
8.2.1 The Architect, unless otherwise directed
by the Owner in writing, will perform those duties
and discharge those responsibilities allocated to the
Architect as set forth in this Contract. The Architect
shall be the Owner's representative from the effective
date of this Contract until final payment has been
made.
8.2.2 The Owner and the Contractor shall
communicate with each other in the first instance
through the Architect.
8.2.3 The Architect shall be the initial
interpreter of the requirements of the drawings and
specifications and the judge of the performance
thereunder by the Contractor. The Architect shall
render written or graphic interpretations necessary for
the proper execution or progress of the Work with
reasonable promptness on request of the Contractor.
8.2.4 The Architect will review the
Contractor's Applications for Payment and will
certify to the Owner for payment to the Contractor,
those amounts then due the Contractor as provided in
this Contract.
8.2.5 The Architect shall have authority to
reject Work which is defective or does not conform
to the requirements of this Contract. If the Architect
deems it necessary or advisable, the Architect shall
have authority to require additional inspection or
testing of the Work for compliance with Contract
requirements.
8.2.6 The Architect will review and approve,
or take other appropriate action as necessary,
concerning the Contractor's submittals including
Shop Drawings, Product Data and Samples. Such
review, approval or other action shall be for the sole
purpose of determining conformance with the design
concept and information given through the Contract
Documents.
8.2.7 The Architect will prepare Change
Orders and may authorize minor changes in the Work
by Field Order as provided elsewhere herein.
8.2.8 The Architect shall, upon written
request from the Contractor, conduct inspections to
determine the date of Substantial Completion and the
date of final completion, will receive and forward to
the Owner for the Owner's review and records,
written warranties and related documents required by
this Contract and will issue a final Certificate for
Payment upon compliance with the requirements of
this Contract.
8.2.9 The Architect's decisions in matters
relating to aesthetic effect shall be final if consistent
with the intent of this Contract.
8.3 CLAIMS BY THE CONTRACTOR
8.3.1 The Architect shall determine all claims
and matters in dispute between the Contractor and
Owner with regard to the execution, progress, or
sufficiency of the Work or the interpretation of the
Contract Documents, including but not limited to the
plans and specifications. Any dispute shall be
submitted in writing to the Architect within seven (7)
days of the event or occurrence or the first
appearance of the condition giving rise to the claim
or dispute who shall render a written decision within
a reasonable time thereafter. The Architect’s
decisions shall be final and binding on the parties. In
the event that either party objects to the Architect’s
determination as to any submitted dispute, that party
shall submit a written objection to the Architect and
the opposing party within ten (10) days of receipt of
the Architect’s written determination in order to
preserve the objection. Failure to so object shall
constitute a waiver of the objection for all purposes.
8.3.2 Pending final resolution of any claim of
the Contractor, the Contractor shall diligently
proceed with performance of this Contract and the
Owner shall continue to make payments to the
Contractor in accordance with this Contract.
8.3.3 CLAIMS FOR CONCEALED, LATENT OR
UNKNOWN CONDITIONS - The Contractor expressly
represents that it has been provided with an adequate
opportunity to inspect the Project site and thoroughly
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review the Contract Documents and plans and
specifications prior to submission of its bid and the
Owner’s acceptance of the bid. Subject to the
conditions hereof, Contractor assumes full
responsibility and risk for any concealed, latent or
unknown condition which may affect the Work. No
claims for extra work or additional compensation
shall be made by Contractor in connection with
concealed, latent or unknown conditions except as
expressly provided herein. Should concealed, latent
or unknown conditions encountered in the
performance of the Work (a) below the surface of the
ground or (b) in an existing structure be at variance
with the conditions indicated by this Contract, or
should unknown conditions of an unusual nature
differing materially from those ordinarily
encountered in the area and generally recognized as
inherent in Work of the character provided for in this
Contract, be encountered, the Contract Price shall be
equitably adjusted by Change Order upon the written
notice and claim by either party made within seven
(7) days after the first observance of the condition.
As a condition precedent to the Owner having any
liability to the Contractor for concealed or unknown
conditions, the Contractor must give the Owner and
the Architect written notice of, and an opportunity to
observe, the condition prior to disturbing it. The
failure by the Contractor to make the written notice
and claim as provided in this Subparagraph shall
constitute a waiver by the Contractor of any claim
arising out of or relating to such concealed, latent or
unknown condition and the Contractor thereby
assumes all risks and additional costs associated
therewith.
8.3.4 CLAIMS FOR ADDITIONAL COSTS - If the
Contractor wishes to make a claim for an increase in
the Contract Price, as a condition precedent to any
liability of the Owner therefor, the Contractor shall
give the Architect written notice of such claim within
seven (7) days after the occurrence of the event, or
the first appearance of the condition, giving rise to
such claim. Such notice shall be given by the
Contractor before proceeding to execute any
additional or changed Work. The failure by the
Contractor to give such notice and to give such notice
prior to executing the Work shall constitute a waiver
of any claim for additional compensation.
8.3.4.1 In connection with any claim by the
Contractor against the Owner for compensation in
excess of the Contract Price, any liability of the
Owner for the Contractor's costs shall be strictly
limited to direct costs incurred by the Contractor and
shall in no event include indirect costs or
consequential damages of the Contractor. The
Owner shall not be liable to the Contractor for claims
of third parties, including Subcontractors. The Owner
shall not be liable to the Contractor for any claims
based upon delay to the Contractor for any reason
whatsoever including any act or neglect on the part of
the Owner.
8.3.5 CLAIMS FOR ADDITIONAL TIME - If the
Contractor is delayed in progressing any task which
at the time of the delay is then critical or which
during the delay becomes critical, as the sole result of
any act or neglect to act by the Owner or someone
acting in the Owner's behalf, or by changes ordered
in the Work, unusual delay in transportation,
unusually adverse weather conditions not reasonably
anticipated, fire or any causes beyond the
Contractor's control, then the date for achieving
Substantial Completion of the Work shall be
extended upon the written notice and claim of the
Contractor to the Owner and the Architect, for such
reasonable time as the Architect may determine. Any
notice and claim for an extension of time by the
Contractor shall be made not more than seven (7)
days after the occurrence of the event or the first
appearance of the condition giving rise to the claim
and shall set forth in detail the Contractor's basis for
requiring additional time in which to complete the
Project. In the event the delay to the Contractor is a
continuing one, only one notice and claim for
additional time shall be necessary. If the Contractor
fails to make such claim as required in this
Subparagraph, any claim for an extension of time
shall be waived. The procedures and remedies
provided by this provision shall be the sole remedy of
Contractor and Contractor shall not assert nor be
entitled to any additional delays or damages
associated therewith.
8.4 FIELD ORDERS
8.4.1 The Architect shall have authority to
order minor changes in the Work not involving a
change in the Contract Price or in Contract Time and
not inconsistent with the intent of the Contract. Such
changes shall be effected by Field Order and shall be
binding upon the Contractor. The Contractor shall
carry out such Field Orders promptly.
8.5 MEDIATION
8.5.1 In the event that a dispute arises under
the terms of this Contract, following an adverse
determination by the Architect and proper
preservation of the issue as required herein, the
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parties agree to submit to mediation. In such event,
the parties shall agree to a designated person to serve
as mediator and each party shall be responsible for
payment of one-half of the total mediation fees. The
parties shall submit the dispute to mediation as soon
as practical and in no event later than one (1) year
after the Architect’s written decision on the matter.
At least one designated representative of each party
must attend and participate in good faith in an effort
to resolve the matters in dispute.
8.5.2 In no event shall the foregoing
provision justify or authorize any delay in the
progress of the Work; the parties shall abide by the
decision of the Architect in accomplishing the timely
completion of the Project.
ARTICLE IX
SUBCONTRACTORS
9.1 DEFINITION
9.1.1 A Subcontractor is an entity which has a
direct contract with the Contractor to perform a
portion of the Work. No Subcontractor shall be in
privity with the Owner.
9.2 AWARD OF SUBCONTRACTS
9.2.1 Upon execution of the Contract, the
Contractor shall furnish the Owner, in writing, the
names of persons or entities proposed by the
Contractor to act as a Subcontractor on the Project.
The Owner shall promptly reply to the Contractor, in
writing, stating any objections the Owner may have
to such proposed Subcontractor. The Contractor
shall not enter into a subcontract with a proposed
Subcontractor with reference to whom the Owner has
made timely objection. The Contractor shall not be
required to subcontract with any party to whom the
Contractor has objection.
9.2.2 All subcontracts shall afford the
Contractor rights against the Subcontractor which
correspond to those rights afforded to the Owner
against the Contractor herein, including those rights
afforded to the Owner by Subparagraph 12.2.1
below. All subcontracts shall incorporate by
reference the provisions hereof and shall provide that
no claims, causes or demands shall be made by any
Subcontractor against the Owner.
9.2.3 The Contractor shall indemnify, defend
and hold harmless the Owner from and against any
and all claims, demands, causes of action, damage,
and liability asserted or made against the Owner by
or on behalf of any Subcontractor.
ARTICLE X
CHANGES IN THE WORK
10.1 CHANGES PERMITTED
10.1.1 Changes in the Work within the general
scope of this Contract, consisting of additions,
deletions, revisions, or any combination thereof, may
be ordered without invalidating this Contract, by
Change Order or by Field Order.
10.1.2 Changes in the Work shall be
performed under applicable provisions of this
Contract and the Contractor shall proceed promptly
with such changes.
10.2 CHANGE ORDER DEFINED
10.2.1 Change Order shall mean a written
order to the Contractor executed by the Owner and
the Architect, issued after execution of this Contract,
authorizing and directing a change in the Work or an
adjustment in the Contract Price or the Contract
Time, or any combination thereof. The Contract
Price and the Contract Time may be changed only by
written Change Order.
10.3 CHANGES IN THE CONTRACT PRICE
10.3.1 Any change in the Contract Price
resulting from a Change Order shall be determined as
follows: (a) by mutual agreement between the Owner
and the Contractor as evidenced by (1) the change in
the Contract Price being set forth in the Change
Order, (2) such change in the Contract Price, together
with any conditions or requirements related thereto,
being initialed by both parties and (3) the
Contractor's execution of the Change Order, or (b) if
no mutual agreement occurs between the Owner and
the Contractor, then, as provided in Subparagraph
10.3.2 below.
10.3.2 If no mutual agreement occurs between
the Owner and the Contractor as contemplated in
Subparagraph 10.3.1 above, the change in the
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Contract Price, if any, shall then be determined by the
Architect on the basis of the reasonable expenditures
or savings of those performing, deleting or revising
the Work attributable to the change, including, in the
case of an increase or decrease in the Contract Price,
a reasonable allowance for direct job site overhead
and profit. In such case, the Contractor shall present,
in such form and with such content as the Owner or
the Architect requires an itemized accounting of such
expenditures or savings, plus appropriate supporting
data for inclusion in a Change Order. Reasonable
expenditures or savings shall be limited to the
following: reasonable costs of materials, supplies, or
equipment including delivery costs, reasonable costs
of labor, including social security, old age and
unemployment insurance, fringe benefits required by
agreement or custom, and workers' compensation
insurance, reasonable rental costs of machinery and
equipment exclusive of hand tools whether rented
from the Contractor or others, reasonable costs of
premiums for all bonds and insurance, permit fees,
and sales, use or other taxes related to the Work, and
reasonable cost of direct supervision and jobsite field
office overhead directly attributable to the change. In
no event shall any expenditure or savings associated
with the Contractor's home office or other non-jobsite
overhead expense be included in any change in the
Contract Price. Pending final determination of
reasonable expenditures or savings to the Owner,
payments on account shall be made to the Contractor
on the Architect's Certificate for Payment.
10.3.3 If unit prices are provided in the
Contract, and if the quantities contemplated are so
changed in a proposed Change Order that application
of such unit prices to the quantities of Work proposed
will cause substantial inequity to the Owner or to the
Contractor, the applicable unit prices shall be
equitably adjusted.
10.4 MINOR CHANGES
10.4.1 The Architect shall have authority to
order minor changes in the Work not involving a
change in the Contract Price or an extension of the
Contract Time and not inconsistent with the intent of
this Contract. Such minor changes shall be made by
written Field Order, and shall be binding upon the
owner and the Contractor. The Contractor shall
promptly carry out such written Field Orders.
10.5 EFFECT OF EXECUTED
CHANGE ORDER
10.5.1 The execution of a Change Order by the
Contractor shall constitute conclusive evidence of the
Contractor's agreement to the ordered changes in the
Work, this Contract as thus amended, the Contract
Price and the Contract Time. The Contractor, by
executing the Change Order, waives and forever
releases any claim against the Owner for additional
time or compensation for matters relating to or
arising out of or resulting from the Work included
within or affected by the executed Change Order.
10.6 NOTICE TO SURETY; CONSENT
10.6.1 The Contractor shall notify and obtain
the consent and approval of the Contractor's surety
with reference to all Change Orders if such notice,
consent or approval are required by the Contractor's
surety or by law. The Contractor's execution of the
Change Order shall constitute the Contractor's
warranty to the Owner that the surety has been
notified of and consents to, such Change Order and
the surety shall be conclusively deemed to have been
notified of such Change Order and to have expressly
consented thereto.
ARTICLE XI
UNCOVERING AND CORRECTING WORK
11.1 UNCOVERING WORK
11.1.1 If any of the Work is covered contrary
to the Architect's request or to any provisions of this
Contract, it shall, if required by the Architect or the
Owner, be uncovered for the Architect's inspection
and shall be properly replaced at the Contractor's
expense without change in the Contract Time.
11.1.2 If any of the Work is covered in a
manner not inconsistent with Subparagraph 11.1.1
above, it shall, if required by the Architect or Owner,
be uncovered for the Architect's inspection. If such
Work conforms strictly with this Contract, costs of
uncovering and proper replacement shall by Change
Order be charged to the Owner. If such Work does
not strictly conform with this Contract, the
Contractor shall pay the costs of uncovering and
proper replacement.
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11.2 CORRECTING WORK
11.2.1 The Contractor shall immediately
proceed to correct Work rejected by the Architect as
defective or failing to conform to this Contract. The
Contractor shall pay all costs and expenses associated
with correcting such rejected Work, including any
additional testing and inspections, and reimbursement
to the Owner for the Architect's services and
expenses made necessary thereby.
11.2.2 If within one (1) year after Substantial
Completion of the Work any of the Work is found to
be defective or not in accordance with this Contract,
the Contractor shall correct it promptly upon receipt
of written notice from the Owner. This obligation
shall survive final payment by the Owner and
termination of this Contract. With respect to Work
first performed and completed after Substantial
Completion, this one year obligation to specifically
correct defective and nonconforming Work shall be
extended by the period of time which elapses
between Substantial Completion and completion of
the subject Work.
11.2.3 Nothing contained in this Paragraph
11.2 shall establish any period of limitation with
respect to other obligations which the Contractor has
under this Contract. Establishment of the one year
time period in Subparagraph 11.2.2 relates only to the
duty of the Contractor to specifically correct the
Work.
11.3 OWNER MAY ACCEPT DEFECTIVE
OR NONCONFORMING WORK
11.3.1 If the Owner chooses to accept
defective or nonconforming Work, the Owner may
do so. In such event, the Contract Price shall be
reduced by the greater of (a) the reasonable cost of
removing and correcting the defective or
nonconforming Work, and (b) the difference between
the fair market value of the Project as constructed and
the fair market value of the Project had it not been
constructed in such a manner as to include defective
or nonconforming Work. If the remaining portion of
the unpaid Contract Price, if any, is insufficient to
compensate the Owner for its acceptance of defective
or nonconforming Work, the Contractor shall, upon
written demand from the Owner, pay the Owner such
remaining compensation for accepting defective or
nonconforming Work.
ARTICLE XII
CONTRACT TERMINATION
12.1 TERMINATION BY THE CONTRACTOR
12.1.1 If the Work is stopped for a period of
ninety (90) days by an order of any court or other
public authority, or as a result of an act of the
Government, through no fault of the Contractor or
any person or entity working directly or indirectly for
the Contractor, the Contractor may, upon ten (10)
days' written notice to the Owner and the Architect,
terminate performance under this Contract and
recover from the Owner payment for the actual
reasonable expenditures of the Contractor (as limited
in Subparagraph 10.3.2 above) for all Work executed
and for materials, equipment, tools, construction
equipment and machinery actually purchased or
rented solely for the Work, less any salvage value of
any such items.
12.1.2 If the Owner shall persistently or
repeatedly fail to perform any material obligation to
the Contractor for a period of fifteen (15) days after
receiving written notice from the Contractor of its
intent to terminate hereunder, the Contractor may
terminate performance under this Contract by written
notice to the Architect and the Owner. In such event,
the Contractor shall be entitled to recover from the
Owner as though the Owner had terminated the
Contractor's performance under this Contract for
convenience pursuant to Subparagraph 12.2.1
hereunder.
12.2 TERMINATION BY THE OWNER
12.2.1 FOR CONVENIENCE
12.2.1.1 The Owner may for any reason
whatsoever terminate performance under this
Contract by the Contractor for convenience. The
Owner shall give written notice of such termination
to the Contractor specifying when termination
becomes effective.
12.2.1.2 The Contractor shall incur no further
obligations in connection with the Work and the
Contractor shall stop Work when such termination
becomes effective. The Contractor shall also
terminate outstanding orders and subcontracts. The
Contractor shall settle the liabilities and claims
arising out of the termination of subcontracts and
orders. The Owner may direct the Contractor to
assign the Contractor's right, title and interest under
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terminated orders or subcontracts to the Owner or its
designee.
12.2.1.3 The Contractor shall transfer title and
deliver to the Owner such completed or partially
completed Work and materials, equipment, parts,
fixtures, information and Contract rights as the
Contractor has.
12.2.1.4 (a) The Contractor shall submit a
termination claim to the Owner and
the Architect specifying the amounts
due because of the termination for
convenience together with costs,
pricing or other data required by the
Architect. If the Contractor fails to
file a termination claim within one (1)
year from the effective date of
termination, the Owner shall pay the
Contractor, an amount derived in
accordance with subparagraph (c)
below.
(b) The Owner and the Contractor may
agree to the compensation, if any, due
to the Contractor hereunder.
(c) Absent agreement to the amount due
to the Contractor, the Owner shall
pay the Contractor the following
amounts:
(i) Contract prices for labor, materials,
equipment and other services
accepted under this Contract;
(ii) Reasonable costs incurred in
preparing to perform and in
performing the terminated portion of
the Work, and in terminating the
Contractor's performance, plus a fair
and reasonable allowance for
overhead and profit thereon (such
profit shall not include anticipated
profit or consequential damages),
provided however, that if it appears
that the Contractor would have not
profited or would have sustained a
loss if the entire Contract would have
been completed, no profit shall be
allowed or included and the amount
of compensation shall be reduced to
reflect the anticipated rate of loss, if
any;
(iii) Reasonable costs of settling and
paying claims arising out of the
termination of subcontracts or orders
pursuant to Subparagraph 12.2.1.2 of
this Paragraph. These costs shall not
include amounts paid in accordance
with other provisions hereof.
The total sum to be paid the Contractor under this
Subparagraph 12.2.1 shall not exceed the total
Contract Price, as properly adjusted, reduced by the
amount of payments otherwise made, and shall in no
event include duplication of payment.
12.2.2 FOR CAUSE
12.2.2.1 If the Contractor persistently or
repeatedly refuses or fails to prosecute the Work in a
timely manner, abandons the jobsite and fails to
resume work within five (5) days of written notice
thereof by the Owner, fails to grant or allow access to
the jobsite by the Owner or Architect, fails to supply
enough properly skilled workers, supervisory
personnel or proper equipment or materials, fails to
make prompt payment to Subcontractors or for
materials or labor, persistently disregards laws,
ordinances, rules, regulations or orders of any public
authority having jurisdiction, or otherwise is guilty of
a violation of a material provision of this Contract,
then the Owner may by written notice to the
Contractor, without prejudice to any other right or
remedy, terminate the employment of the Contractor
and take possession of the site and of all materials,
equipment, tools, construction equipment and
machinery thereon owned by the Contractor and may
finish the Work by whatever methods it may deem
expedient. In such case, the Contractor shall not be
entitled to receive any further payment until the
Work is finished.
12.2.2.2 If the unpaid balance of the Contract
Price does not exceed the cost of finishing the work,
including compensation for the Architect's additional
services and expenses made necessary thereby, such
difference shall be paid by the Contractor to the
Owner. This obligation for payment shall survive the
termination of the Contract.
12.2.2.3 In the event the employment of the
Contractor is terminated by the Owner for cause
pursuant to Subparagraph 12.2.2 and it is
subsequently determined by a Court of competent
jurisdiction that such termination was without cause,
such termination shall thereupon be deemed a
Termination for Convenience under Subparagraph
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12.2.1 and the provisions of Subparagraph 12.2.1
shall apply.
ARTICLE XIII
INSURANCE
13.1 CONTRACTOR SHALL
MAINTAIN INSURANCE
13.1.1 The Contractor at his own expense shall
purchase, maintain and keep in force during the life
of this contract, adequate insurance that will protect
the Contractor and/or any Additional Insured from
claims which may arise out of or result from
operations under this contract. The insurance required
shall provide adequate protections from all claims,
whether such operations be by the Contractor or by
any Additional Insured or by any Subcontractor or by
anyone directly or indirectly employed by any of
them, or by anyone whose acts of any of them may
be liable and from any special hazards, such as
blasting, which may be encountered in the
performance of this contract in the amounts as shown
below in Paragraph 13.2.1.
13.1.2 The Contractor shall not commence
work on any Contract in the City of Coppell until the
Contractor has obtained all the insurance required
under this paragraph and such insurance has been
approved by the City.
13.2 TYPES AND AMOUNTS OF
CONTRACTOR’S INSURANCE
13.2.1. The Contractor shall furnish and
maintain during the life of the contract adequate
Worker's Compensation and Commercial General
Liability (Public) Insurance in such amounts as
follows:
Type of Insurance Amount
Worker's Compensation as set forth in the Worker's
Compensation Act.
Commercial General $1,000,000 Each
Accident/Occurrence.
Liability (Public) $1,000,000 Aggregate
$1,000,000 Products &
Completed Operations
Aggregate.
Owner’s Protective $600,000 per occurrence
Liability Insurance $1,000,000 aggregate
Excess/Umbrella Liability $1,000,000 per occurrence
w/drop down coverage
Endorsement CG 2503 Amendment Aggregate
Limit of Insurance per
Project or Owner's and
Contractor's Protective
Liability Insurance for the
Project.
Automobile Liability $500,000 Combined
single limit per
occurrence.
13.3 ADDITIONAL INSURED
The Owner shall be named as an additional insured
on the Commercial General Liability (Public),
Owner’s Protective Liability, and Excess/Umbrella
Liability Insurance Policies furnished by the
Contractor.
13.4 WRITTEN NOTIFICATION
Each insurance policy shall contain a provision
requiring that thirty (30) days prior to expiration,
cancellation, non-renewal or any material change in
coverage, a notice there of shall be given by certified
mail to the Division of Purchasing, City of Coppell,
255 Parkway Blvd., Coppell, Texas, 75019.
13.5 PREMIUMS AND ASSESSMENTS
Companies issuing the insurance policies shall have
no recourse against the City for payment of any
premiums or assessments for any deductibles which
are at the sole responsibility and risk of the
Contractor.
13.6 CERTIFICATE OF INSURANCE
Proof that the insurance is in force shall be furnished
to the City on City of Coppell Standard Certificate of
Insurance Forms. In the event any insurance policy
shown on the Certificate of Insurance has an
expiration date that is prior to the completion and
final acceptance of the project by the City of Coppell,
the contractor shall furnish the City proof of identical
continued coverage no later than thirty (30) days
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prior to the expiration date shown on the Certificate
of Insurance.
13.7 PRIMARY COVERAGE
The coverages provided herein shall be primary and
noncontributory with any other insurance maintained
by the City of Coppell, Texas, for its benefit,
including self insurance.
13.8 WORKER’S COMPENSATION
INSURANCE COVERAGE
13.8.1 The Contractor shall:
(1) provide coverage for its employees
providing services on a project, for the
duration of the project based on proper
reporting of classification codes and
payroll amounts and filing of any
coverage agreements;
(2) provide a certificate of coverage showing
workers' compensation coverage to the
governmental entity prior to beginning
work on the project;
(3) provide the governmental entity prior to
the end of the coverage period, a new
certificate of coverage showing extension
of coverage, if the coverage period shown
on the contractor's current certificate of
coverage ends during the duration of the
project;
(4) obtain from each person providing
services on a project, and provide to the
governmental entity:
(A) a certificate of coverage, prior to that
person beginning work on the project,
so the governmental entity will have
on file certificates of coverage
showing coverage for all persons
providing services on the project; and
(B) no later than seven days after receipt
by the contractor, a new certificate of
coverage showing extension of
coverage, if the coverage period
shown on the current certificate of
coverage ends during the duration of
the project;
(5) retain all required certificates of coverage
on file for the duration of the project and
for one year thereafter;
(6) notify the governmental entity in writing
by certified mail or personal delivery,
within 10 days after the contractor knew
or should have known, of any change that
materially affects the provision of
coverage of any person providing services
on the project;
(7) post a notice on each project site
informing all persons providing services
on the project that they are required to be
covered, and stating how a person may
verify current coverage and report failure
to provide coverage. This notice does not
satisfy other posting requirements
imposed by the Act or other commission
rules. This notice must be printed with a
title in at least 30 point bold type and text
in at least 19 point normal type, and shall
be in both English and Spanish and any
other language common to the worker
population. The text for the notices shall
be the following text provided by the
Texas Worker’s Compensation Comm-
ission on the sample notice, without any
additional words or changes:
REQUIRED WORKERS' COMPENSATION
COVERAGE
"The law requires that each person working on this
site or providing services related to this construction
project must be covered by workers' compensation
insurance. This includes persons providing, hauling,
or delivering equipment or materials, or providing
labor or transportation or other service related to the
project, regardless of the identity of their employer or
status as an employee."
"Call the Texas Workers' Compensation Commission
at 512-440-3789 to receive information on the legal
requirement for coverage, to verify whether your
employer has provided the required coverage, or to
report an employer's failure to provide coverage."
and
(8) contractually require each person with
whom it contracts to provide services on a
project, to:
(A) provide coverage based on proper
reporting of classification codes
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and payroll amounts and filing of
any coverage agreements for all of
its employees providing services on
the project, for the duration of the
project;
(B) provide a certificate of coverage to
the contractor prior to that person
beginning work on the project;
(C) include in all contracts to provide
services on the project the language
in subsection (e)(3) of this rule;
(D) provide the Contractor, prior to the
end of the coverage period, a new
certificate of coverage showing
extension of coverage, if the
coverage period shown on the
current certificate of coverage ends
during the duration of the project;
(E) obtain from each other person with
whom it contracts, and provide to
the Contractor:
(i) a certificate of coverage,
prior to the other person
beginning work on the
project; and
(ii) prior to the end of the
coverage period, a new
certificate of coverage
showing extension of the
coverage period, if the
coverage period shown on
the current certificate of
coverage ends during the
duration of the project;
(F) retain all required certificates of
coverage on file for the duration of
the project and for one year
thereafter;
(G) notify the governmental entity in
writing by certified mail or
personal delivery, within 10 days
after the person knew or should
have known, of any change that
materially affects the provision of
coverage of any person providing
services on the project; and
(H) contractually require each other
person with whom it contracts, to
perform as required by sub-
paragraphs (A) - (H) of this
paragraph, with the certificate of
coverage to be provided to the
person for whom they are
providing services.
ARTICLE XIV
MISCELLANEOUS
14.1 LAWS AND ORDINANCES
14.1.1 The Contractor shall at all times and in
all respects observe and comply with all federal, state
and local laws, ordinances, and regulations applicable
to the Project and Work. The Contractor shall further
insure that all Subcontractors observe and comply
with said laws, ordinances and regulations.
14.2 GOVERNING LAW
14.2.1 The Contract shall be governed by the
laws of the State of Texas. Venue for any causes of
action arising under the terms or provisions of this
Contract or the Work to be performed hereunder shall
be in the courts of Dallas County, Texas.
14.3 SUCCESSORS AND ASSIGNS
14.3.1 The Owner and Contractor bind
themselves, their successors, assigns and legal
representatives to the other party hereto and to
successors, assigns and legal representatives of such
other party in respect to covenants, agreements and
obligations contained in this Contract. The
Contractor shall not assign this Contract without
written consent of the Owner.
14.4 SURETY BONDS
14.4.1 If the Contract Price exceeds the sum of
$25,000.00, the Contractor shall furnish separate
performance and payment bonds to the Owner,
according to the requirements set out in the bid
documents and state statutes to guaranty full and
faithful performance of the Contract and the full and
final payment of all persons supplying labor or
materials to the Project. Each bond required by the
bid documents or state statute shall set forth a penal
sum in an amount not less than the Contract Price.
_____________________________________________________________________________________
BID Q-0709-01 CONSTRUCTION OF COPPELL JUSTICE CENTER FENCE
___________________________________________________________________________________________________________________________________________________________________________________________
14.7 NOTICES Each bond furnished by the Contractor shall
incorporate by reference the terms of this Contract as
fully as though they were set forth verbatim in such
bonds. In the event the Contract Price is adjusted by
Change Order executed by the Contractor, the penal
sum of both the performance bond and the payment
bond shall be deemed increased by like amount. The
performance and payment bonds furnished by the
Contractor shall be in form suitable to the Owner and
shall be executed by a surety, or sureties, reasonably
suitable to the Owner and authorized to do business
in the State of Texas by the State Board of Insurance.
14.6.1 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.
14.4.2 If the Contract Price exceeds the sum of
$25,000.00, the Contractor, upon execution of the
Contract and prior to commencement of the Work,
shall furnish to the Owner a two-year maintenance
bond in the amount of one hundred percent (100%) of
the Contract Price covering the guaranty and
maintenance prescribed herein, written by an
approved surety authorized and duly licensed to
conduct business in the State of Texas. The cost of
said maintenance bond shall be included in the
Contractor’s unit bid prices and shall be paid by the
Contractor.
14.5 SEVERABILITY
14.5.1 The provisions of this Contract are
herein declared to be severable; in the event that any
term, provision or part hereof is determined to be
invalid, void or unenforceable, such determination
shall not affect the validity or enforceability of the
remaining terms, provisions and parts, and this
Contract shall be read as if the invalid, void or
unenforceable portion had not be included herein.
14.6 AMENDMENTS
14.6.1 This Contract may be amended by the
parties only by a written agreement duly executed by
both parties. The failure of the Owner to object to
any nonperformance or nonconforming work or to
enforce any provision hereof shall in no event be
regarded as or construed to be a waiver, release or
modification of any term or provision in this
Contract, nor shall such failure to object or enforce
estop the Owner from insisting on strict compliance
with this Contract or from recovering damages, costs
or expenses arising as a result of such
nonperformance or nonconforming work.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 21
_____________________________________________________________________________________
BID Q-0709-01 CONSTRUCTION OF COPPELL JUSTICE CENTER FENCE
___________________________________________________________________________________________________________________________________________________________________________________________
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 22
EXECUTED in single or multiple originals, this _____ day of ______________, 20____.
CITY OF COPPELL CONTRACTOR:
APPROVED:
___________________________________ _________________________________
City Manager (Signature)
_________________________________
(Type/Print Name and Title)
ATTEST: __________________________________
(Street Address)
___________________________________ __________________________________
City Secretary (City/State/Zip)
_____________________________________________________________________________________
BID Q-0709-01 CONSTRUCTION OF COPPELL JUSTICE CENTER FENCE
___________________________________________________________________________________________________________________________________________________________________________________________
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 23
CORPORATE ACKNOWLEDGMENT
THE STATE OF ____________________
COUNTY OF ______________________
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally
appeared:
_______________________________ _______________________________
(Print Name) (Print Title)
of _____________________________, the Contractor designated hereinabove, known to me to be the person and
officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of
the said Contractor, a corporation, that he was duly authorized to perform the same by appropriate resolution of the
board of directors of such corporation and that he executed the same as the act and deed of such corporation for the
purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _____ day of ________________, A.D., 200__.
__________________________________________
Notary Public In and For
__________________County, _________________
My Commission expires: _________________
CITY MANAGER’S ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this
day personally appeared the undersigned, City Manager of the City of Coppell, Texas, a municipal corporation,
known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged
to me that the same was the act of the said City of Coppell, Texas, a municipal corporation, that he/she was duly
authorized to perform the same by appropriate resolution of the City Council of the City of Coppell and that he/she
executed the same as the act of the said City for purpose and consideration therein expressed, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of ____________, A.D.,
200__.
__________________________________
Notary Public in and for the State of Texas
My Commission expires: __________________
_____________________________________________________________________________________
BID Q-0709-01 CONSTRUCTION OF COPPELL JUSTICE CENTER FENCE
___________________________________________________________________________________________________________________________________________________________________________________________
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 24
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS: That
________________________________________________________________whose address is
______________________________________________________________________________
hereinafter called Principal, and
____________________________________________________, a corporation organized and
existing under the laws of the State of _______________ and fully licensed to transact business
in the State of Texas, as Surety, are held and firmly bound unto the CITY OF COPPELL,
TEXAS a municipal corporation organized and existing under the laws of the State of Texas, a
municipal corporation organized and existing under the laws of the State of Texas, hereinafter
called "Owner”, in the penal sum of ___________________________________
________________________________________________ dollars ($_____________ ) in lawful
money of the United States, to be paid in Dallas County, Texas, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors
jointly and severally, firmly by these presents. This Bond shall automatically be increased by the
amount of any Change Order or Supplemental Agreement which increases the Contract price, but
in no event shall a Change Order or Supplemental Agreement which reduces the Contract price
decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract with the City of Coppell, the Owner, dated the __________ day of
___________, 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:
Coppell Justice Center Fence
Project No. DR ________
Bid No. Q-0709-01
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract in
accordance with the plans, specifications and Contract documents during the original term
thereof and any extension thereof which may be granted by the Beneficiary, with or without
notice to the Surety, and during the life of any guaranty or warranty required under this Contract,
and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said Contract that may hereafter
be made, notice of which modifications to the Surety being hereby waived; and, if the Principal
shall repair and/or replace all defects due to faulty materials and workmanship that appear within
a period of one (1) year from the date of final completion and final acceptance of the Work by
Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all
costs and damages which Beneficiary may suffer by reason of failure to so perform herein and
shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may
incur in making good any default of deficiency, then this obligation shall be void; otherwise, it
shall remain in full force and effect.
_____________________________________________________________________________________
BID Q-0709-01 CONSTRUCTION OF COPPELL JUSTICE CENTER FENCE
___________________________________________________________________________________________________________________________________________________________________________________________
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 25
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue
shall lie in Dallas County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to Contract or to the
Work performed thereunder, or the specifications accompanying the same shall in anyway affect
its obligation on this Bond, and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications.
This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated
Civil Statutes, and any other applicable statues of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Tarrant County or Dallas County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising out of such suretyship,
as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the
State of Texas.
IN WITNESS WHEREOF, this instrument is executed in ___________copies, each one
of which shall be deemed an original, this, the__________ day of ________________, 2009.
PRINCIPAL SURETY
By: By:
Title Title:
ATTEST: ATTEST:
The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and
service of the process is:
NAME:
_________________________________________________________________________
ADDRESS
__________________________________________________________________
NOTE: Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a
person's name.
_____________________________________________________________________________________
BID Q-0709-01 CONSTRUCTION OF COPPELL JUSTICE CENTER FENCE
___________________________________________________________________________________________________________________________________________________________________________________________
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 26
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS: That
________________________________________________________________whose address is
______________________________________________________________________________
hereinafter called Principal, and
____________________________________________________, a corporation organized and
existing under the laws of the State of _______________ and fully licensed to transact business
in the State of Texas, as Surety, are held and firmly bound unto the CITY OF COPPELL,
TEXAS a municipal corporation organized and existing under the laws of the State of Texas, a
municipal corporation organized and existing under the laws of the State of Texas, hereinafter
called "Owner”, in the penal sum of ___________________________________
________________________________________________ dollars ($_____________ ) in lawful
money of the United States, to be paid in Dallas County, Texas, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors
jointly and severally, firmly by these presents. This Bond shall automatically be increased by the
amount of any Change Order or Supplemental Agreement which increases the Contract price, but
in no event shall a Change Order or Supplemental Agreement which reduces the Contract price
decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract with the City of Coppell, the Owner, dated the __________ day of
___________, 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:
Coppell Justice Center Fence
Project No. DR ________
Bid No. Q-0709-01
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
its duties and make prompt payment to all persons, firms, subcontractors, corporations and
claimants supplying labor and/or material in the prosecution of the Work provided for in said
Contract and any and all duly authorized modifications of said Contract that may hereafter be
made. notice of which modification to the Surety is hereby expressly waived; the this obligation
shall be void; otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue
shall lie in Dallas County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to Contract or to the Work
performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall
in anywise affect its obligation on this Bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be
performed thereunder.
_____________________________________________________________________________________
BID Q-0709-01 CONSTRUCTION OF COPPELL JUSTICE CENTER FENCE
___________________________________________________________________________________________________________________________________________________________________________________________
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 27
This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated
Civil Statutes, and any other applicable statues of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Tarrant County or Dallas County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising out of such suretyship,
as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the
State of Texas.
IN WITNESS WHEREOF, this instrument is executed in ___________copies, each one
of which shall be deemed an original, this, the__________ day of ________________, 2009.
PRINCIPAL SURETY
___________________________________
By: __________________________ By:
Title ______________________________ Title:
ATTEST: ATTEST:
The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and
service of the process is:
NAME:
_________________________________________________________________________
ADDRESS
__________________________________________________________________
NOTE: Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a
person's name.
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
September 8, 2009
8/C
✔
CONTRACT/BID or PROPOSAL
Consider approval of Change Order Number 2 to the South Coppell Road (ST 07-02) project in the amount of
$54,550.10 for sanitary sewer improvements; and authorizing the City Manager to sign all necessary documents.
This Change Order will allow the city to replace the sanitary sewer in South Coppell Road under this contract. The
current sanitary sewer line is clay pipe and is deteriorated beyond repair. Without replacement, the old sewer line
could collapse and cause damage to the new street.
Staff will be available to answer any questions.
Funds are available in the Street CIP accounts for this change order.
Staff recommends approval to Change Order Number 2 in the
amount of $54,550.10 for sanitary sewer improvements.
#S Coppell Rd Change Order
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: September 8, 2009
RE: Consider approval of Change Order Number 2 to the South Coppell
Road (ST 07-02) project in the amount of $54,550.10 for Sanitary
Sewer improvements; and authorizing the City Manager to sign all
necessary documents.
On June 9, 2009 council awarded a contract to JRJ Paving, LP in the amount of
$1,326,827.79 for the reconstruction of South Coppell Road from Bethel Road to
Southwestern Blvd. The award also included an $80,000.00 potential bonus set aside for
early completion. During the progress of construction city staff in conjunction with the
contractor inspected the existing sanitary sewer line that will be located under the new
Coppell Road paving. This inspection showed the existing 6” clay pipe to be
deteriorated. City staff is concerned that this line should not remain under the new street
due to the potential long term maintenance problems associated with an old deteriorated
sewer line. Staff recommends replacing approximately 450 feet of this sewer line.
City staff designed the improvements, and requested that JRJ provide a cost proposal to
complete this work as a change order to their original contract. This cost of $54,550.10
added to the original contract amount, as well as the City Manager approved Change
Order Number 1 in the amount of $13,896.40 will bring this total contract amount to
$1,395,274.29, with the $80,000.00 potential bonus this could be $1,475,274.29.
Approval of this change order will allow the city to replace the sanitary sewer within
South Coppell Road. This upgrade is necessary to protect the new street from the
potential failure of the old sewer line. Staff recommends approval on this item in the
amount of $54,550.10.
Staff will be available to answer any questions at the council meeting.
Proposed Sanitary Sewer Improvements
S. Coppell Road Re-Construction
City of Coppell Project ST07-02
Created in LDDT
1 INCH = 1 MILE
0 11/2
S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST07-02 SS
Created on: 01 September 2009 by Scott Latta 1/2
1 INCH = FT.
0 200
200
100
Proposed Sanitary Sewer Improvements
S. Coppell Road Re-Construction
City of Coppell Project ST07-02
Created in LDDT
EXISTING SANITARY
SEWER LINE
S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST07-02 SS
Created on: 01 September 2009 by Scott Latta 2/2
PROPOSED SANITARY
SEWER LINE
PROPOSED SANITARY
SEWER MANHOLE
CITY OF COPPELL
CHANGE OR EXTRA WORK ORDER
PROJECT: South Coppell Road (ST 07-02)
CONTRACTOR: JRJ Paving
OWNER: City of Coppell
CHANGE ORDER NO.: Two (2) DATE: September 8, 2009
Item Description Quantity Unit Unit Price Total
ADD: 1 Connect to Existing
Sanitary Sewer
1 EA 1980.00 $1,980.00
2 8” PVC SDR-35 484 LF 42.90 $20,763.60
3 Trench Safety 484 LF 25.75 $12,463.00
4 Remove Existing
Manhole
2 EA 990.00 $1,980.00
5 4’ Manhole 4 EA 2530.00 $10,120.00
6 Extra Depth
Manhole
8.00 VF 132.00 $1,056.00
7 4” Service 5.00 EA 742.50 $3,712.50
8 Testing Sewer Line 484 LF 2.75 $1,237.50
9 Test Manhole 5.00 EA 247.50 $1,237.50
Total Revision to Contract Amount
$54,550.10
Previous contract amount $1,340,724.19
Net increase in contract amount $54,550.10
Revised contract amount $1,395,274.29
Net increase in contract time of completion 0
Revised Contract time of completion 210 Calendar Days
The contractor hereby accepts this Contract adjustment as a final and complete adjustment in full
accord and satisfaction of all past and future liability originating under any clause in the Contract
by reason of this revision to the Contract.
________________________________________
Recommended by City Engineer Date
________________________________________
Agreed to by Contractor Date
________________________________________
Accepted by City Date
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
September 8, 2009
8/D
✔
RESOLUTION
Consider approval of a Resolution authorizing the Mayor of the City of Coppell, Texas to execute a Voluntary Interlocal
Cooperation Agreement for Operation and Maintenance of Traffic Signals and providing an effective date; and
authorizing the Mayor to sign .
Approval of this Resolution to renew an Interlocal Agreement will allow the City of Lewisville to continue to operate
and maintain the state traffic signals as requested by the Texas Department of Transportation.
Staff will be available to answer any questions.
Staff recommends approval of this Resolution to renew the Interlocal
Agreement.
#Traffic Signal Agreement
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
DATE: September 8, 2009
REF: Consider approval of a Resolution authorizing the Mayor of the City
of Coppell, Texas to execute a Voluntary Interlocal Cooperation
Agreement for Operation and Maintenance of Traffic Signals and
providing an effective date; and authorizing the Mayor to sign.
On January 24, 1995, the City of Coppell entered into a Municipal Maintenance
Agreement between the City of Coppell and the Texas Department of Transportation
(TxDOT). That Municipal Maintenance Agreement spelled out that TxDOT is
responsible for the operation and maintenance of traffic signals on the state highway
system within the city limits of cities with a population less than 50,000.
On December 14, 1998, the City of Coppell acknowledged that TxDOT was transferring
their responsibilities for the traffic signal at State Highway 121 and Denton Tap from
TxDOT to the City of Lewisville in an effort to reduce response time for any signal
malfunctions and to allow for coordination of timing plans across city boundaries.
On February 9, 1999, the City Council approved an Interlocal Cooperation Agreement
transferring the maintenance of the traffic signal at State Highway 121 and Denton Tap to
the City of Lewisville. There is no cost to the City of Coppell for the operation and
maintenance of the traffic signal at State Highway 121 and Denton Tap Road. All cost
for the maintenance of the traffic signal will be paid from TxDOT to the City of
Lewisville.
On August 13, 2002, City Council approved an amendment to the Interlocal Cooperation
Agreement for Operation and Maintenance of Traffic Signals between TxDOT, the City
of Lewisville and the City of Coppell. That amendment did not impact the City of
Coppell as it only added two additional traffic signals in the City of Hickory Creek to the
Agreement.
On August 6, 2009, TxDOT sent an updated Voluntary Interlocal Cooperation
Agreement for Operation and Maintenance of Traffic Signals to the City of Coppell.
1
There are no changes in this updated Agreement from the 1999 Agreement that impact
the City of Coppell. The updated Agreement still allows the City of Lewisville to
maintain the traffic signal at State Highway 121 and Denton Tap and TxDOT is still
reimbursing Lewisville for the cost of the operation and maintenance. It appears the only
substantive change from the prior Agreement is that the reimbursement cost has been
updated.
If at some point in the City of Coppell’s future our population exceeds 50,000, then we
will be required to take over the operation and maintenance of the traffic signal with the
reimbursement from TxDOT paid to the City of Coppell in lieu of the City of Lewisville.
Because the execution of the Voluntary Interlocal Cooperation Agreement for Operation
and Maintenance of Traffic Signals will not directly impact the City of Coppell, staff
recommends approval of the Resolution authorizing the Mayor to execute any necessary
documents.
Staff will be available to answer any questions at the Council meeting.
2
Traffic Signal Location
Denton Tap Road at
State Highway 121
Created in LDDT
1 INCH = 1 MILE
0 11/2
S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\DENTON_121 SIGNAL
Created on: 02 September 2009 by Scott Latta 1/2
1 INCH = FT.
0 800
800
400
Traffic Signal Location
Denton Tap Road at
State Highway 121
Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\DENTON_121 SIGNAL
Created on: 02 September 2009 by Scott Latta 2/2
RESOLUTION NO. _________________
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF
COPPELL, TEXAS TO EXECUTE A VOLUNTARY INTERLOCAL
COOPERATION AGREEMENT FOR OPERATION AND
MAINTENANCE OF TRAFFIC SIGNALS; AND PROVIDING AN
EFFECTIVE DATE; AND AUTHORIZING THE MAYOR TO SIGN.
WHEREAS, the Texas Department of Transportation (TxDOT) has designed a
Voluntary Interlocal Cooperation Agreement for Operation and Maintenance of Traffic
Signals allowing TxDOT to reimburse the City of Lewisville for operating and
maintaining traffic signals in participating cities listed in the agreement; and,
WHEREAS, the Voluntary Interlocal Cooperation Agreement for Operation and
Maintenance of Traffic Signals is consistent with the authority and purposes of Texas
Government Code Chapter 791 relating to Interlocal Cooperation agreements and Texas
Transportation Code 221.003 relating to municipal agreements; and,
WHEREAS, the Voluntary Interlocal Cooperation Agreement for Operation and
Maintenance of Traffic Signals defines the responsibilities of TxDOT and the Local
Governments’ pertaining to the agreement; and,
WHEREAS, the Voluntary Interlocal Cooperation Agreement for Operation and
Maintenance of Traffic Signals defines the annual reimbursement rates for each traffic
signal location included in the agreement; and,
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL
OF THE CITY OF COPPELL, TEXAS:
SECTION 1. The recitations and findings contained in the preamble of this
Resolution are incorporated herein by reference.
SECTION 2. The City Council of the City of Coppell, Texas hereby approves the
Voluntary Interlocal Cooperation Agreement for Operation and Maintenance of Traffic
Signals as submitted by TxDOT. The Mayor is hereby authorized to execute the Voluntary
Interlocal Cooperation Agreement for Operation and Maintenance of Traffic Signals on
behalf of the City of Coppell and to exercise the rights and duties of the City there under.
SECTION 3. This Resolution shall be effective immediately from and after its passage
and approval.
1
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:
PLANNING
September 8, 2009
9
✔
PUBLIC HEARING
Consider approval of Case No. PD-181R2-SF-12, Bethel Road Estates, Lot 2, Block 1, a zoning change request from
PD-181-SF-12 (Planned Development-181-Single Family-12) to PD-181R2-SF-12 (Planned Development-181-Revision
2-Single Family-12) to allow for a stucco finish instead of masonry as required in Section 12-11-5 of the Zoning
Ordinance and to allow an additional detached, two-story residential structure on 2.348 acres of property located at
256 West Bethel Road.
There are no outstanding P&Z conditions.
On August 20, 2009, the Planning Commission unanimously
recommended approval of this zoning change (6-0). Commissioners
Jett, Shute, Haas, Sangerhausen, Kittrell and Shipley voted in favor,
none opposed, with the additional provision that kitchen facilities
would be prohibited in the second residential structure.
Staff recommends APPROVAL.
@01 PD-181R2-SF-12, BRE, L2, B1, 1-AR
ITEM # 5
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-181R2-SF-12, Bethel Road Estates
Lot 2, Block 1
P&Z HEARING DATE: August 20, 2009
C.C. HEARING DATE: September 8, 2009
STAFF REP.: Matthew S. Steer, City Planner
LOCATION: 256 West Bethel Road
SIZE OF AREA: 2.348 acres of property
CURRENT ZONING: PD-181-SF-12 (Planned Development-181, Single Family-12)
REQUEST: A zoning change to PD-181R2-SF-12 (Planned Development-
181, Revision 2-Single Family-12) to allow for a stucco finish
instead of masonry as required in Section 12-11-5 of the Zoning
Ordinance, and to allow an additional detached, two-story
residential structure on 2.348 acres of property located at 256
West Bethel Road at the request of Terry Holmes, The Holmes
Builders of Coppell, Ltd.
APPLICANT: Terry Holmes
THBGP, Inc. dba The Holmes Builders
1445 MacArthur Drive, Suite 200
Carrollton, TX. 75007
(972) 242-1770
Fax: (972) 242-2931
ITEM # 5
Page 2 of 4
HISTORY: This property was part of a rezoning from C to PD-SF-12 in early
2000. The zoning that was granted allowed two residential lots to
be developed on the property. Lot 1, subsequently rezoned to
PD-181R-SF-12 to allow for a stucco home, has been
constructed. Lot 2 is the subject of this application.
TRANSPORTATION: Bethel Road is currently a two-lane, asphalt road. It is projected to have
a variable width right-of-way containing a 28-foot-wide concrete
roadway. Based upon current projections, the road is scheduled for
construction no sooner than January 2010.
SURROUNDING LAND USE & ZONING:
North - Single-family residential (Big Cedar): PD-119-SF9 (Planned
Development-119-Single Family-9)
South - Single-family residential (The Reserve); PD-108R2-SF-9 (Planned
Development-108-Revision 2-Single Family-9)
East - Single-family residence (Bethel Road Manor); PD-236-SF-12 (Planned
Development-236-Single Family-12)
West - Single-family residence (Lot 1, Bethel Road Estates); PD-181R-SF-
12(Planned Development-181-Revised-Single Family-12)
COMPREHENSIVE PLAN: The Comprehensive Master Plan, as amended in 2003, shows this
property as suitable for Residential Low Density.
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 ‘80s. Since
that time, we have evaluated 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.
Very recently, a slew of stucco requests have been brought through the
process (half of those by the same applicant). Ultimately, each request
was allowed some sort of stucco component. One request for the
Chateaus project on the southwest corner of Denton Tap and Bethel
ITEM # 5
Page 3 of 4
Road was granted a maximum 10 stucco residences with no fewer than
three lots between each stucco house, while leaving the lots that
directly abut Denton Tap and Bethel Road (primary and secondary
image zones, respectively) as 80% masonry. The Red Hawk
subdivision was granted 12 out of 54 residences as stucco with no
fewer than three lots between each stucco residence. A single lot at
the entry to the Windsor Estates subdivision was also approved for
stucco construction after the Chateaus and Red Hawk cases.
Initially, this request was only for 100% stucco construction. Staff was
in support as this would be located behind an existing masonry wall and
would be screened by multiple mature trees along the eastern side
yard. Upon detail review of the plans, discrepancies in the flood plain
boundaries were found between the proposed site plan and the
recorded replat. This issue is easily solved for the time being with the
addition of a Planned Development condition note that states the
property will be replatted with the proper flood plain boundaries after the
applicant gains approval from FEMA for a revision, and no development
activity shall be permitted prior to this occurring.
Upon further review, a secondary dwelling unit (second residence on
one lot) was brought to staff’s attention. The Comprehensive Plan calls
for low density residential. The property was zoned Planned
Development with a base zoning of Single Family – 12 in early 2000.
One of the allowed two residences in the two lot subdivision on file has
already been constructed compliant with the zoning established.
Although it may seem reasonable to the applicant to have a secondary
residence to serve as a guest house, possibly a mother-in-law
residence or a servant’s quarters to those living in the home, it is not
practical long term. There are several factors that could lead to this
residence being rented out or sold to another family, all of which are
plausible considering the current economic situation. All and all, the
proposed two dwelling units on one lot conflict with the current PD
zoning and what was established on the future land use map. Staff is
opposed to this part of the request.
Because this lot is in a PD, conditions specifying the stucco building
material and the flood plain revision would allow the development of the
primary residence to proceed. This residence will have a green/grey
slate roof, possesses a number of traditional architectural details,
including wood windows and exterior shutters that complement the
stucco building material, and warrants staff approval. The secondary
residence is not acceptable and staff recommends denial of that part of
the request.
ITEM # 5
Page 4 of 4
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending DENIAL of the request that includes a second
residence on one lot and APPROVAL of the stucco request subject to the
following conditions being met:
1. Remove the secondary residence from the proposal.
2. Show the existing FEMA defined flood plain line boundaries on
the Site Plan. A replat is necessary prior to obtaining a permit.
3. Minimum finish floor should be two feet above the base flood
elevation 494 feet, or one foot above ultimate flood elevation
which ever is greater. In this case, the ultimate flood elevation is
498 feet, so the minimum finish floor should be 499 feet.
4. Change “Site Plan Notes” to “PD Conditions” within the note box,
include the unit of measurement after the primary and secondary
residence areas, correct all misspellings, label the secondary
residence on the building footprint, show required and provided
setbacks from each property line and include the adjacent zoning
information on the site plan.
5. Replace “100% masonry” with “100% stucco” on elevation sheet.
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
2. Floor Plan
3. Elevations
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
September 8, 2009
10
✔
PUBLIC HEARING
Consider approval of a text amendment to Chapter 12-Zoning, of the Code of Ordinances, Section 12-31-7.4, “Rules
for computing number of parking spaces”, to revise the existing regulation to require additional parking for any
enlargement of floor area, number of employees, dwelling units, seating capacity and other enlargements.
As explained in the July 14 work session, this provision is outdated and needs to be removed from the Zoning
Ordinance. There are very few buildings in Coppell built before 1979 (other than single-family residences which are
not affected) which could apply this provision, and if a parking exception were needed, the Board of Adjustment is
the entity created to deal with these situations. The remainder of the regulation is no longer necessary and should be
removed from the Zoning Ordinance in it’s entirety .
On August 20, 2009, the Planning Commission unanimously
recommended approval of this text amendment (6-0). Commissioners
Jett, Shute, Haas, Sangerhausen, Kittrell and Shipley voted in favor,
none opposed.
Staff recommends APPROVAL.
@02 Parking Spaces TA, 1-AR
ITEM # 7
Page 1 of 2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: TEXT AMENDMENT – Parking Space Requirements
P&Z HEARING DATE: August 20, 2009
C.C. HEARING DATE: September 8, 2009
STAFF REP.: Gary L. Sieb, Director of Planning
REQUEST: To amend Chapter 12, Zoning - Section 12-31-7.4, of the
Code of Ordinances, rules for computing number of parking
spaces.
DISCUSSION: On July 14, 2009, the City Council was briefed on two
possible text amendments to further clarify elements of the
Zoning Ordinance. The first relates to a rather unusual
provision of Section 31, Parking Spaces. An interpretation of
the existing ordinance allows a use to violate required
parking standards if the use requires less than a 10%
increase in required parking. Specifically, the ordinance
reads as follows:
“Whenever a building or use constructed or established after
the effective date of this Ordinance is changed or enlarged in
floor area, number of employees, number of dwelling units,
seating capacity or otherwise, to create a need for an
increase of ten percent or more in the number of existing
parking spaces, such spaces shall be provided on the basis
of the enlargement or change. Whenever a building or use
existing prior to the effective date of this Ordinance is
enlarged to the extent of 50 percent or more in floor area
or in the area used, said building or use shall then and
thereafter comply with the parking requirement set forth
herein”
What this provision says is if the improvement is enlarged
less than 10%, no additional parking is required! It goes on
to state that any building constructed prior to 1979 (the
earliest date we could find this provision being included in
ITEM # 7
Page 2 of 2
the Zoning Ordinance), that is enlarged 50% or more in size
would--after enlargement—have to provide all required
parking.
Both of these provisions are sorely outdated and need to be
removed from the Zoning Ordinance. There are very few
buildings in Coppell built before 1979 (other than single-
family residences which are not affected) which could apply
this provision, and if a parking exception were needed, the
Board of Adjustment is the entity created to deal with these
situations. In conversations with at least three municipal
attorneys, they could not explain, let alone defend why this
ordinance language was placed in our Zoning Ordinance in
the first place.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending removal of the majority of Section 12-31-7 4 and replacement
with the following language:
“Whenever a building or use constructed or established
after the effective date of this Ordinance is changed or
enlarged in floor area, number of employees, number of
dwelling units, seating capacity or otherwise, to create a
need for an increase in parking spaces, parking shall be
provided in accordance with this section. In the event
that the required parking can not be provided, then an
appeal to the Board of Adjustment will be required.”
The remainder of the regulation is no longer necessary and should be removed from
the Zoning Ordinance in it’s entirety.
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
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
September 8, 2009
11
✔
PUBLIC HEARING
Consider approval of a text amendment to the Chapter 12-Zoning, of the Code of Ordinances, Section 12-42-1,
“Special Definitions,” to revise the existing definition of “Outside Storage and Display--Retail Stores: Retail Stores and
Shops:” to include additional screening requirements.
As explained in the July 14th work session, the ordinance needs to specify that the footprint of the building means that
display within the footprint is not open display. Enforcement becomes more difficult when goods are displayed under
a canopy or awning, not within the footprint of the building itself. In that case, staff feels a violation has occurred and
a citation will be issued. To address that violation, if a screening wall is placed around the item, constructed of the
same or similar building material as the main structure and is oriented in such a way that the display cannot be seen
from the public street right-of-way, such addition would be in conformance to our revised text.
On August 20, 2009, the Planning Commission unanimously
recommended approval of this text amendment (6-0). Commissioners
Jett, Shute, Haas, Sangerhausen, Kittrell and Shipley voted in favor,
none opposed, with additional provisions that those items stored
outside shall not be visible from the public right-of-way, and canopies
over drive-thru areas for fuel stations, banks, etc., are not considered
part of the building footprint.
Staff recommends APPROVAL.
@03 Outside Storage TA, 1-AR
ITEM # 8
Page 1 of 2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: TEXT AMENDMENT – Outside Storage
P&Z HEARING DATE: August 20, 2009
C.C. HEARING DATE: September 8, 2009
STAFF REP.: Gary L. Sieb, Director of Planning
REQUEST: To amend Chapter 12, Zoning - Section 42 – Special
Definitions of the Code of Ordinances, existing definition
of Outside Storage & Display, Retail Stores & Shops.
DISCUSSION: On July 14, 2009, the City Council was briefed on two
possible text amendments to further clarify elements of the
Zoning Ordinance. The second relates to the storage and
display of consumer goods outside the confines of a
building. Based upon the current definition of outside
storage and display, and staff’s existing interpretation and
enforcement of this provision of the Zoning Ordinance, a
minor revision to the existing language needs to be
considered. Currently, the existing code reads as follows:
“Outside Storage & Display, Retail Stores and Shops:
Facilities which offer all types of consumer goods for sale,
but excluding the display and sale in the open, outside a
building, of groceries, packaged beverages, consumer
goods, new or used automobiles, heavy machinery, building
materials, used appliances, furniture or salvage materials
which are prohibited.”
We enforce the ordinance today interpreting the “building”
provision as being within the footprint of the building. Thus,
if goods are displayed technically outside the confines of the
interior of the building but within the footprint of the building -
-for example, under the roof line—we rule the display is
within the building. Examples are seen at the Tom Thumb
grocery store at Denton Tap and Sandy Lake and the Market
ITEM # 8
Page 2 of 2
Street grocery north of Highway 121. The ordinance needs
to specify that the footprint of the building means that display
within the footprint is not open display. Gas stations that
display items under the canopy of the building are also
deemed to conform to the existing ordinance.
Enforcement becomes more difficult when goods are
displayed under a canopy or awning, not within the footprint
of the building itself. In that case, staff feels a violation has
occurred and a citation will be issued. Cases in point are the
ice machines one sees that are simply placed adjacent to
the building but not under the footprint of the building.
To address that violation, if a screening wall is placed
around the item, constructed of the same or similar building
material as the main structure and is oriented in such a way
that the display cannot be seen from the public street right-
of-way, such addition would be in conformance to our
revised text.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending amending the existing provision of Section 42, Special
Definitions to clarify and define the text as follows:
Outside Storage and Display, Retail Stores and Shops
“Facilities which offer all types of consumer goods for sale,
but excluding the display and sale in the open, outside a
building footprint, of groceries, packaged beverages,
consumer goods, new or used automobiles, heavy
machinery, building materials, used appliances, furniture or
salvage materials which are prohibited. Those items which
require/warrant open storage such as ice machines,
propane tanks and similar items, shall be screened with
building materials identical/similar to the major element
of the main building and not be visible from the public
street right-of-way”
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
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
September 8, 2009
12
✔
RESOLUTION
Consider approval of a Resolution of the City Council of the City of Coppell, Texas, outlining the terms and conditions
of a debt service funding plan; authorizing the mayor to execute this resolution; and providing an effective date.
See attached memorandum
Staff recommends approval.
$5DebtServicePlan-1 AR
MEMORANDUM
TO: Mayor and City Council
FROM: Jennifer Miller, Director of Finance
DATE: September 8, 2009
REF: Consider approval of the Proposed Debt Service Funding Plan
The resolution details the proposed funding plan that Council desires to follow during the next
two (2) fiscal years in order to provide for a debt service rate that will fund the debt service for
the City.
- Fiscal Year 2009-10 there will be no tax rate increase and General Fund Fund Balance will be
used in the amount of $2,402,287.
- Fiscal Year 2010-11 there will be a five (5) cent tax rate increase and General Fund Fund
Balance will be used in the amount of approximately $404,807.
- It is desired that by Fiscal Year 2011-12, the debt rate levied will fully fund the debt service for
the City.
- The fund balance policy will be implemented, and the City will be in compliance by fiscal year
2009-10.
- The city will maintain a AAA bond rating.
This funding plan will be presented to the rating agencies as part of the next bond issuance which
is anticipated to occur in the Spring of 2010.
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, OUTLINING THE TERMS AND
CONDITIONS OF A DEBT SERVICE FUNDING PLAN;
AUTHORIZING THE MAYOR TO EXECUTE THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Coppell desires to levy a debt service tax rate that fully
funds the debt service requirements by the fiscal year 2011-2012 and;
WHEREAS, the City of Coppell desires to comply with the fund balance policy
by fiscal year 2009-2010; and
WHEREAS, the City of Coppell desires to maintain a bond rating of AAA.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS AS FOLLOWS:
SECTION 1. During the 2009-2010 fiscal year, the City of Coppell will not
increase the debt service tax rate and will use general fund, fund balance in the amount of
$2,402,287.
SECTION 2. In fiscal year 2010-2011, the City of Coppell will increase the tax
rate by five cents (0.05) and use the general fund, fund balance in the amount of
approximately $404,807.
SECTION 3. That the Mayor is hereby authorized to execute this Resolution for
purposes recited herein for and on behalf of the City of Coppell, Texas.
SECTION 4. That this Resolution shall become effective immediately from and
after its passage as the Law and Charter in such cases provide.
DULY RESOLVED AND ADOPTED 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
(JDD/ajh 38937 09/02/09)
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
September 8, 2009
13
✔
PROCEDURAL
Consider approval of the written Fund Balance policy of the City of Coppell.
See attached memorandum.
Staff recommends approval.
$4FundBalance - 1 AR
MEMORANDUM
TO: Mayor and City Council
FROM: Jennifer Miller, Director of Finance
DATE: September 8, 2009
REF: Consider approval of the written Fund Balance Policy of the City of Coppell.
The Finance Department is in the process of writing financial policies that will provide the basic
framework for the fiscal management of the City. The policies are intended to assist the City
Council and City staff in evaluating current activities and proposals for future programs. Fund
Balance policies are written guidelines that document sound financial management principles
that will provide a stable financial base for the City.
A fund balance policy improves the quality of decisions, identifies policy goals, and
demonstrates a commitment to long-term financial planning, including a multi-year capital plan.
Adherence to a fund balance policy signals to rating agencies and the capital markets that a
government is well managed and should meet its obligations in a timely manner.
Advantages:
• Mitigates current and future risks (budgeted revenue shortfalls and increased budgeted
expenditure costs)
• Promote stability and continuity
• Provides flexibility
• Provides liquidity (when resources become available versus when the expenditure is
incurred)
• Provides time to correct revenue and expenditure fluctuations
• Provides funds for unanticipated expenditures
• Provide for extraordinary one-time expenditures
• Promotes long term and strategic thinking
• Provides staff with a framework to work from and assures Council that any proposal
brought forward by staff meets the policy guidelines
• Assures continuity in financial operations whether there is a change in council or
management
City of Coppell, Texas
Fund Balance Policy
I. Purpose
The purpose of this policy is to establish parameters and provide guidance governing the fund balance of
the various funds used by the City of Coppell, and to provide for the monitoring to ensure compliance
and conformity with this policy. Advantages of a fund balance policy are as follows:
• Enhances the quality of decisions by imposing order and discipline
• Promotes consistency and continuity in decision making
• Demonstrates a commitment to long term financial planning objectives
• Regarded positively by the rating agencies
II. Policy Statement
The undesignated fund balances for the various funds of the City of Coppell will be maintained at a level
sufficient to provide the required resources to meet operating cost needs, to allow for unforeseen needs of
an emergency nature, and to permit orderly adjustment to changes resulting from fluctuation of revenue
sources.
III. General Fund Balance Policies
The City establishes the following policies concerning fund balances in the various funds used by the
City of Coppell:
• The annual budget shall be presented to Council, with each fund reflecting minimum ending
funds balances as follows:
General Fund 10% of the next years budget as required by City Charter, plus
60 days of expenditures
Debt Service Funds An amount not to exceed one (1) month of next years budget
for principal and interest
Water and Sewer Fund 90 days of expenditures
Self Insurance Fund The sum of the six largest months of claims for the most
recent 24 month period or six months of average monthly
claims since inception, whichever results in the lower balance.
Cemetery Fund 60 days of expenditures
• Fund balances, which exceed the minimum levels established for each of the funds, may be
appropriated as shown in the Financial Projections section of the City of Coppell’s Five Year
Plan.
• Fund balances, which exceed the minimum levels established for each of the funds, may be
appropriated for non-recurring capital projects or program. The Council recognizes that any
such funds should be appropriated for non-recurring expenditures as they represent prior year
surpluses that may or may not materialize in subsequent fiscal years.
• The City of Coppell will exercise diligence in avoiding the appropriation of fund balance for
recurring operating expenditures. In the event fund balance is appropriated for recurring
operating expenditures to meet the needs of the community, the budget document shall
include an explanation of the circumstances requiring the appropriation and the methods to be
used to fund this operating expenditure in the future.
IV. Monitoring and Reporting
The City Manager and the Director of Finance shall annually prepare a report documenting the status of
the fund balances with this policy and present to the Council in conjunction with the presentation of the
Comprehensive Annual Financial Report and also in conjunction with the development of the annual
budget.
V. Replenishment
Should the fund balances fall below the targeted level, the Council must approve and adopt a plan to
restore the balance to the targeted level within two (2) years. If restoration can not be accomplished
within such period without severe hardship, then the Council will establish a different but reasonable
time period.
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
Finance
September 8, 2009
14
✔
ORDINANCE
Consider approval of an Ordinance approving and adopting the budget for the City of Coppell for the Fiscal Year of
October 1, 2009 through September 30, 2010, and authorizing the Mayor to sign.
Staff Recommends approval of the Ordinance.
$1BudgetAdopt-1AR
MEMORANDUM
TO: Mayor and City Council
FROM: Jennifer Miller, Director of Finance
DATE: September 8, 2009
REF: Detail of General Fund Balance Usage
The Undesignated Fund Balance as presented in the Fiscal Year 2009-10 Proposed Budget was
$16,234,616. The amount now showing in Undesignated is $15,342,636, a reduction of
$891,980. This memo will detail the changes made in the fund balance walkforward that is now
being shown in the Budget Document that is being presented for adoption.
Since expenditures are being increased $2,402,287 million for the transfer to debt service, this
increases the 10% and 15% reserve requirements by $600,571.
The Debt Service 2009-10 Proposed Issues was reduced $540,994. This is due to issuing the
bonds later in the fiscal year and having only 1 projected debt service payment instead of 2.
The $1,000,000 designation for Tax Stabilization was released and used as part of the transfer.
The $700,000 sales tax windfall net of the revenue reductions ($130,116) that were part of the
amendment on August 25, 2009 are also being used as part of the transfer to debt service.
Transfer $2,402,287
Tax Stabilization $1,000,000
Net $1,402,287
Sales Tax (net Revenue Increase
FY 08-09 Amendment $ 569,884
Reduction in 09-10 Debt Issuance $ 540,994
Decrease to Undesignated $ 291,409
Increase in 10% & 15% $ 600,571
Net Decrease in Undesignated $ 891,980
Total fund balance decreased $2,384,870. This is due to the $2,402,287 transfer less the
$569,884 revenue increase from the amendment plus the $552,467 amendment to expenditures.
The $552,467 was previously designated and has been spent on SH 121 right of way and is now
part of the FY 08-09 expenditures.
ORDINANCE NO. _______________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, APPROVING AND
ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010; APPROPRIATING
THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING
FOR RECORDING OF THE ORDINANCE; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Coppell, Texas, has submitted to the City Council a
proposed budget of the revenues and expenditures of conducting the affairs of the City and providing a
complete financial plan for 2009-2010; and
WHEREAS, the City Council of the City of Coppell has received the proposed budget, a copy of
which proposed budget and all supporting schedules have been filed with the City Secretary of the City of
Coppell; and
WHEREAS, the City Council has conducted the necessary public hearings as required by law;
NOW, THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. That the proposed budget of the revenues of the City of Coppell and the
expenditures of conducting the affairs of the City, providing a complete financial plan for the ensuing fiscal
year beginning October 1, 2009, and ending September 30, 2010 as submitted to the City Council by the
City Manager, be, and the same is hereby, in all things adopted and approved as the budget of all current
revenues and expenditures of the City for the fiscal year beginning October 1, 2009, and ending September
30, 2010.
SECTION 2. That the sum of $85,389,936 is hereby appropriated for the expenditures
established in the approved budget, attached hereto as Exhibit “A” and made part hereof for all purposes.
SECTION 3. That the City Council reserves the authority to transfer designated appropriations to
any individual department or activity.
SECTION 4. That all notices and public hearings required by law have been duly completed.
SECTION 5. That all ordinances of the City of Coppell 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
of Coppell not in conflict with the provisions of the 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 thereof
decided to be unconstitutional, illegal or invalid.
SECTION 7. This Ordinance shall take effect immediately from and after its passage, as the
law and charter in such cases provides.
DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the 8th day of
September, 2009.
APPROVED:
___________________________
JAYNE PETERS, MAYOR
ATTEST:
_______________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
____________________________________________
CITY ATTORNEY
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
Finance
September 8, 2009
15
✔
ORDINANCE
Consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes for the year 2009
at .64146/$100 per valuation of which .49577 for operations and maintenance and .14569 for interest and sinking, and
authorizing the Mayor to sign.
Staff recommends approval of the tax rate.
$3TaxRateAdopt-1AR
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, LEVYING THE AD VALOREM
TAXES FOR THE YEAR 2009 AT A RATE OF .64146 PER ONE HUNDRED DOLLARS
($100) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE
CORPORATE LIMITS OF THE CITY AS OF JANUARY 1, 2009; TO PROVIDE AN
INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY;
PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES
AND INTEREST; AND DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. That there be and is hereby levied for the year 2009 on all taxable property, real, personal
and mixed, situated within the limits of the City of Coppell, Texas, and not exempt by the Constitution of the State
and valid State laws, a tax of .64146 on each One Hundred Dollars ($100) assessed value of taxable property, and
shall be apportioned and distributed as follows:
a) For the PURPOSE of defraying the current expenses of the municipal government of the City, a
tax of $.49577 on each One Hundred Dollars ($100) assessed value of all taxable property.
b) For the PURPOSE of creating a sinking fund to pay the interest and principal on all outstanding
bonds of the City, not otherwise provided for, a tax of $.14569 on each One Hundred Dollars ($100) assessed
value of all taxable property, within the City which shall be applied to the payment of such interest and maturities
of all outstanding bonds.
SECTION 2. That all ad valorem taxes shall become due and payable on October 1, 2009 and all ad
valorem taxes for the year shall become delinquent after January 31, 2010. There shall be no discount for payment
of taxes prior to said January 31, 2010. A delinquent tax shall incur all penalty and interest authorized by law
(Section 33.01, et seq., Texas Property Tax Code), to wit: a penalty of six percent of the amount of the tax for the
first calendar month it is delinquent plus one percent for each additional month or portion of a month the tax
remains unpaid prior to July 1 of the year in which it becomes delinquent.
Provided, however, a tax delinquent on July 1, incurs a total penalty of twelve percent of the amount of the
delinquent tax without regard to the number of months the tax has been delinquent. A delinquent tax shall also
accrue interest at a rate of one per cent for each month or portion of a month the tax remains unpaid. An additional
penalty on delinquent personal property taxes for tax years 2009 and subsequent years is hereby authorized and
imposed as provided by Section 33.11. TEXAS PROPERTY TAX CODE, in the amount of 20% of the delinquent
tax, penalty and interest if tax becomes delinquent on February 1 of a year and remains delinquent on the
60th day thereafter. Taxes that remain delinquent on July 1, 2010, incur an additional penalty not to exceed twenty
percent of the amount of taxes, penalty, and interest due; such additional penalty is to defray costs of collection due
to contract with the City’s Attorney pursuant to Section 6.30 and Section 33.07 of the Property Tax Code, as
amended. Taxes for the year 2009 and taxes for all future years that remain delinquent on or after June 1 under
Texas Property Tax Code Sections 26.07(f), 26.15(e), 31.03, 31.031, 31.032 or 31.04 incur an additional penalty
in an amount not to exceed twenty percent (20%) of taxes, penalty and interest due, pursuant to Texas Property
Tax code Section 6.30 and Section 33.08, as amended.
SECTION 3. Taxes are payable in Coppell, Texas, at the office of the Tax Assessor/Collector. The City
shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied
under this ordinance.
SECTION 4. That the tax rolls, as presented to the City Council together with any supplement thereto,
be, and the same are hereby approved.
SECTION 5. The fact that it is necessary that this ordinance be enacted in order to authorize the
collection of ad valorem taxes for the year 2009, this ordinance shall take effect from and after its passage as the
law in such cases provides.
DULY PASSED and adopted by the City Council of the City of Coppell, Texas, this the 8th day of
September 2009.
APPROVED:
___________________________
JAYNE PETERS, MAYOR
ATTEST:
_______________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
____________________________________________
CITY ATTORNEY
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ ȱ
City Secretary
September 8, 2009
16
✔
PROCEDURAL
Consider appointments to the City's Boards/Commissions/Committees.
The attached document sets out the Board/Commission seats that need to be filled with the current appointments.
%bdappt-1AR
THE FOLLOWING VACANCIES ARE AVAILABLE:
2009
ANIMAL SERVICES ADVISORY & APPEALS BOARD
1 Citizen
(2-year term of office)
1 Alternate
(2-year term of office)
BOARD OF ADJUSTMENT
2 Citizens
(2-year term of office)
1 Citizen
(1-year term of office)
2 Alternates
(2-year term of office)
1 Alternate
(1-year term of office)
CONDUCT REVIEW BOARD
13 Citizens
(2-year term of office)
COPPELL ECONOMIC DEVELOPMENT COMMITTEE
4 Citizens
(2-year term of office)
AGENDA REQUEST NARRATIVE
COPPELL EDUCATION DEVELOPMENT CORPORATION
4 Citizens
(1-year term of office)
KEEP COPPELL BEAUTIFUL COMMITTEE
4 Citizens
(2-year term of office)
1 Citizen
(1-year term of office)
KEEP COPPELL BEAUTIFUL COMMITTEE – YOUTH ADVISOR
2 Students
(1-year term of office)
LIBRARY BOARD
3 Citizens
(2-year term of office)
1 Alternate
(2-year term of office)
LIBRARY BOARD - YOUTH ADVISOR
2 Students
(1-year term of office)
PARKS AND RECREATION BOARD – YOUTH ADVISOR
2 Students
(1-year term of office)
AGENDA REQUEST NARRATIVE
PLANNING AND ZONING COMMISSION
4 Citizens
(2-year term of office)
SPECIAL COUNSEL
7 Citizens
(2-year term of office)
AGENDA REQUEST FORM DATE: September 8, 2009
ITEM #: 17
CITY MANAGER'S REPORT
A. Project Update and Future Agendas.
Agenda Request Form - Revised 09/027 Document Name: %manrep
AGENDA REQUEST FORM DATE: September 8, 2009
ITEM #: 18
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Peters regarding the Metroplex Mayors’ Meeting.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
AGENDA REQUEST FORM
DATE: September 8, 2009
ITEM #: 19
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
AGENDA REQUEST FORM
DATE: September 8, 2009
ITEM #: 20
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: September 8, 2009
Department Submissions:
Item Nos. 8/B, 8/C and 8/D were placed on the Agenda for the above-
referenced City Council meeting by the Engineering Department. I have
reviewed the Agenda Requests (and any backup if applicable) and hereby
submit these items to the City Council for consideration.
____________________
Engineering Department
Item Nos. 9, 10 and 11 were placed on the Agenda for the above-
referenced City Council meeting by the Planning Department. I have
reviewed the Agenda Requests (and any backup if applicable) and hereby
submit these items to the City Council for consideration.
____________________
Planning Department
Financial Review:
I certify that I have reviewed all the items submitted for consideration on
the Agenda for the above-referenced City Council Meeting and have inserted
any financial comments where appropriate.
____________________
Finance Department
City Manager Review:
I certify that I have reviewed the complete Agenda and Packet for the
above-referenced City Council Meeting and hereby submit the same to the
City Council for consideration.
____________________
City Manager
(or Deputy City Manager)