CP 2012-04-24City Council
City of Coppell, Texas
Meeting Agenda
255 Parkway Boulevard
Coppell, Texas
75019-9478
Council Chambers5:30 PMTuesday, April 24, 2012
DOUG STOVER MARSHA TUNNELL
Mayor Mayor Pro Tem
TIM BRANCHEAU BILLY FAUGHT
Place 1 Place 5
BOB MAHALIK MARVIN FRANKLIN
Place 2 Place 6
BRIANNA HINOJOSA-FLORES KAREN HUNT
Place 3 Place 7
CLAY PHILLIPS
City Manager
Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular
Called Session 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:
1.Call to Order
2.Executive Session (Closed to the Public) 1st Floor Conference Room
Section 551.071, Texas Government Code - Consultation with City Attorney.
A.Seek legal advice from the City Attorney and have discussion regarding
potential to annex property north of Sandy Lake and east of MacArthur.
B.Seek legal advice from the City Attorney concerning the settlement and
land purchase agreements with the Billingsleys at Northlake.
Page 1 City of Coppell, Texas Printed on 4/20/2012
April 24, 2012City Council Meeting Agenda
Section 551.072, Texas Government Code - Deliberation regarding Real Property.
C.Discussion regarding property purchases and matters concerning
property located at Northlake.
D.Discussion regarding property east of Denton Tap Road and north of
Sandy Lake Road.
3.Work Session (Open to the Public) 1st Floor Conference Room
A.Discussion regarding Regional Jail Facility.
B.Discussion regarding the Citizen Satisfaction Survey.
C.Discussion regarding City Council Retreat.
D.Discussion of Agenda Items.
2007 Citizens Survey Results.pdfAttachments:
Regular Session (Open to the Public)
4.Invocation 7:30 p.m.
5.Pledge of Allegiance
6.Consider approval of a proclamation naming Wednesday, April 25, 2012
as Administrative Professionals Day, and authorizing the Mayor to sign.
Proclamation - Administrative Professional Day 2012.pdfAttachments:
7.Consider approval of a Proclamation naming April, 28, 2012 as Arbor
Day, and authorizing the Mayor to sign.
Arbor Day Proclamation.pdfAttachments:
8.Consider approval of a proclamation naming the month of May as
Motorcycle Safety and Awareness Month and authorizing the Mayor to
sign.
Proclamation.pdfAttachments:
9.Consider approval of a proclamation naming May 2, 2012 as Jan
Wagner-Adkinson Appreciation Day, and authorizing the Mayor to sign.
Proclamation - Jan Wagner-Adkinson Appreciation Day.pdfAttachments:
10.Citizens’ Appearance
11.Consent Agenda
A.Consider approval of the minutes: April 10, 2012.
Page 2 City of Coppell, Texas Printed on 4/20/2012
April 24, 2012City Council Meeting Agenda
Minutes for April 10, 2012.pdfAttachments:
B.Consider approval of an ordinance to amend the Land Use Assumptions
and the Capital Improvements Plan for Water, Wastewater, and
Roadway Facilities by amending the City of Coppell Code of
Ordinances, Chapter 17, Impact fees; and authorizing the Mayor to sign
and execute any necessary documents.
Impact Fee Study Ordinance Memo.pdf
Impact Fee Study Ordinance.pdf
Attachments:
End of Consent Agenda
12.Consider award of Bid number Q-0312-01, to Nema 3 Electric, in the
amount of $155,978.00, for the Andy Brown Jr. Community Park West
Parking Lot Lighting; and authorizing the City Manager to execute
Standard Fixed Price Construction Agreement and any other necessary
documents.
Staff memo.pdf
Bid Recommendation.pdf
Plan.pdf
Contract.pdf
Attachments:
13.Consider approval of the design modifications to the North Lake Dam
contract with Freese and Nichols in the amount of $193,800.00; and
authorizing the City Manager to sign and execute any necessary
documents.
Northlake Design contract Memo.pdf
Northlake design contract.pdf
Attachments:
14.Consider approval to award RFP 0112 Brand Equity Measurement to
Hahn, TX in the amount of $50,500.00 and authorize the City Manager
to execute the appropriate contract.
Staff Memo.pdf
Contract.pdf
Attachments:
15.City Manager Reports
Project Updates and Future Agendas.
16.Mayor and Council Reports
Report by Mayor Stover regarding Earthfest, Bounce!, Kid Country and
the Aquatic and Recreation Center Grand Re-Opening.
17.Council Committee Reports
Page 3 City of Coppell, Texas Printed on 4/20/2012
April 24, 2012City Council Meeting Agenda
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 -Hunt.
E.International Council for Local Environmental Initiatives (ICLEI)
-Brancheau
F.Metrocrest Hospital Authority -Tunnell.
G.Metrocrest Medical Foundation - Mahalik.
H.Metrocrest Medical Services - Hinojosa-Flores.
I.Metrocrest Social Services - Franklin.
J.North Texas Council of Governments - Tunnell.
K.North Texas Commission - Hunt.
L.Senior Adult Services - Franklin.
18.Public Service Announcements concerning items of community interest and no Council
action or deliberation is permitted.
19.Necessary Action from Executive Session
Adjournment
________________________
Douglas N. Stover, Mayor
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of
the City of Coppell, Texas on this 20th day of April, 2012, at _____________.
______________________________
Christel Pettinos, City Secretary
PUBLIC NOTICE - 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 makes 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).
Page 4 City of Coppell, Texas Printed on 4/20/2012
CITY OF COPPELL 2007 VOTER ATTITUDE SURVEY
CUMULATIVE RESULTS
PROJECT 11082006 RAYMOND TURCO & ASSOCIATES JANUARY 2007
__________________________________________________________________________
MY NAME IS ____________ AND I'M WITH RAYMAR RESEARCH. WE ARE NOT A DIRECT
MARKETING FIRM AND THIS IS NOT A SALES CALL. WE ARE A PUBLIC OPINION
RESEARCH FIRM, CONDUCTING A SURVEY ABOUT ISSUES IN YOUR COMMUNITY. WOULD IT
BE ALL RIGHT IF I TOOK A FEW MINUTES OF YOUR TIME TO ASK YOU A FEW
QUESTIONS?
AREA (NORTH OF SANDY LAKE; EAST OF DENTON TAP) AREA I . . . . . . .40%
(WEST OF DENTON TAP) AREA II . . . . . . .24%
(SOUTH OF SANDY LAKE; EAST OF DENTON TAP) AREA III . . . . . .36%
SHEET NUMBER ________
SEX MALE . . . . . . . .48%
FEMALE . . . . . . .52%
1. HOW SATISFIED OR DISSATISFIED ARE YOU WITH THE QUALITY OF LIFE IN YOUR
COMMUNITY. ARE YOU . . . .
VERY SATISFIED . . . 56%
SATISFIED . . . . . 42%
DISSATISFIED . . . . .2%
VERY DISSATISFIED . .1%
NO OPINION . . . . . .0%
2. HOW LONG HAVE YOU LIVED IN COPPELL?
LESS THAN ONE YEAR . .0%
1 - 3 YEARS . . . . .5%
3 - 5 YEARS . . . . .6%
5 - 7 YEARS . . . . 11%
OVER 7 YEARS . . . . 78%
REFUSE TO ANSWER . . .0%
3. PLEASE TELL ME WHICH OF THE FOLLOWING ASPECTS ATTRACTED YOU TO COPPELL?
(SELECT ALL THAT APPLY)
SCHOOLS . . . . . . .74%
LOCATION . . . . . .83%
AMENITIES . . . . . .35%
SENSE OF COMMUNITY .56%
GOOD INVESTMENT . . .66%
CLOSE TO FAMILY . . .28%
FOUND DREAM HOME . .24%
OTHER____________ . .10%
NO OPINION . . . . . 0%
4. DURING THE TIME YOU HAVE LIVED HERE, DO YOU THINK THAT AS A COMMUNITY
IN WHICH TO LIVE, COPPELL HAS IMPROVED, STAYED THE SAME OR GOTTEN WORSE?
IMPROVED . . . . . . 51%
SAME . . . . . . . . 36%
WORSE . . . . . . . 12%
NO OPINION . . . . . .1%
5. OUTSIDE OF TAXES, WHAT WOULD YOU SAY IS THE MOST CRITICAL ISSUE FACING
COPPELL OVER THE NEXT FIVE YEARS?
North Lake development-Cypress Gardens (24%), overcrowded schools-high
school (18%), growth-population-overcrowding (15%), school related issues-
quality of education (12%)
6. PLEASE TELL ME HOW OFTEN YOU VOTE IN CITY ELECTIONS?
ALWAYS . . . . . . . 55%
OFTEN . . . . . . . 30%
SELDOM . . . . . . . 10%
NEVER . . . . . . . .5%
NO OPINION . . . . . .0%
7. LET'S TALK ABOUT SERVICES THAT THE CITY OFFERS. AS I READ EACH
SERVICE, PLEASE RATE IT EXCELLENT, GOOD, FAIR OR POOR.
E G F P NO
A) EMERGENCY MEDICAL SERVICES 52% 25% 2% 2% 20%
B) POLICE SERVICES 47% 40% 6% 3% 5%
C) STREET MAINTENANCE 22% 58% 17% 3% 0%
D) PLANNING AND ZONING 16% 50% 21% 5% 9%
E) FIRE DEPARTMENT 53% 36% 2% 0% 11%
F) RECREATIONAL SERVICES 47% 42% 7% 1% 4%
G) LIBRARY 45% 41% 6% 1% 8%
H) BUILDING INSPECTION 13% 35% 8% 2% 45%
I) SOLID WASTE/RECYCLING SERVICES 38% 51% 8% 1% 3%
J) WATER/WASTEWATER 28% 57% 9% 2% 5%
K) PARK FACILITIES 43% 50% 4% 1% 2%
L) SIDEWALK MAINTENANCE 15% 53% 19% 8% 5%
M) ABILITY TO CONDUCT BUSINESS 13% 34% 11% 3% 40%
THROUGH THE CITY’S WEB SITE
8. PLEASE TELL ME HOW SATISFIED OR DISSATISFIED YOU ARE WITH THE WORK THE
CITY OF COPPELL HAS DONE IN THE FOLLOWING AREAS . . . .
VS S D VD NO
A) PROVIDING A SAFE COMMUNITY 40% 57% 3% 0% 0%
B) PROVIDING AN ADEQUATE FORUM FOR PUBLIC 25% 65% 5% 0% 6%
INPUT
C) KEEPING CITIZENS INFORMED ABOUT CITY 26% 65% 6% 1% 2%
BUSINESS
D) PLANNING FOR FUTURE NEEDS OF RESIDENTS 17% 61% 15% 1% 7%
E) MAINTAINING A QUALIFIED WORKFORCE OF 16% 63% 2% 0% 19%
CITY EMPLOYEES
F) PROVIDING ADEQUATE COMMUNITY EVENTS 23% 69% 4% 1% 4%
G) MONITORING OF DFW AIRPORT OPERATIONS 12% 55% 7% 1% 25%
H) WORKING WITH SCHOOL DISTRICTS 26% 53% 8% 2% 12%
(CISD, CFBISD, AND LEWISVILLE ISDs)
I) PROVIDING ARTS AND CULTURAL EVENTS 12% 63% 16% 2% 8%
J) STRICTER ENFORCEMENT OF TRAFFIC LAWS 16% 61% 15% 5% 3%
K) PROVIDING RECREATIONAL OPPORTUNITIES 27% 65% 5% 1% 3%
9. HOW STRONGLY WOULD YOU SUPPORT THE CITY COUNCIL WORKING ON THE
FOLLOWING ISSUES OVER THE NEXT TWO YEARS . . . .
SS S O SO NO
A) MAINTAINING EMPHASIS ON PUBLIC SAFETY 45% 52% 2% 0% 1%
B) IMPROVING CITY SERVICES 27% 68% 4% 0% 2%
C) BEING MORE RESPONSIVE TO CITIZENS 29% 66% 3% 0% 3%
D) ALLEVIATING TRAFFIC CONGESTION 39% 54% 5% 1% 2%
E) MAINTAINING INFRASTRUCTURE (STREETS, 38% 59% 2% 0% 1%
SIDEWALKS, AND FACILITIES)
10. HAVE YOU HAD CONTACT WITH A CITY EMPLOYEE DURING THE PAST YEAR?
YES . . . . . . . . 48%
(IF NO OR DON'T REMEMBER, SKIP TO #12) NO . . . . . . . . . 50%
DON’T REMEMBER . . . .2%
11. THE CITY IS MONITORING CUSTOMER SERVICE. AS I READ A LIST, PLEASE
TELL ME OVERALL, HOW SATISFIED OR DISSATISFIED YOU WERE WITH THE FOLLOWING
ACTIVITIES . . . .
VS S D VD NO
A) THE COURTESY OF THE PERSON ANSWERING 54% 39% 3% 1% 4%
THE TELEPHONE
B) DIRECTED TO THE CORRECT DEPARTMENT FOR 42% 51% 4% 1% 4%
MY CONCERN
C) EMPLOYEE SEEMED CONCERNED ABOUT MY PROBLEM 34% 57% 5% 3% 1%
D) ASKED ADEQUATE QUESTIONS TO DETERMINE 31% 59% 4% 2% 5%
THE NATURE OF THE PROBLEM
E) IF NOT AVAILABLE, THE CORRECT EMPLOYEE 21% 41% 6% 2% 30%
RETURNED MY CALL IN A REASONABLE AMOUNT
OF TIME
F) THE PROBLEM WAS ADEQUATELY RESOLVED BY 30% 54% 7% 5% 4%
EMPLOYEE RESPONDING
G) FOLLOW-UP FROM CITY TO ENSURE MY CONCERNS 18% 39% 13% 5% 26%
WERE ADDRESSED
H) THE PEOPLE I WORKED WITH SHOWED PRIDE IN 28% 58% 6% 2% 5%
THE WORK THEY WERE DOING
12. THE CITY IS FUNDED BY VARIOUS SOURCES, ONE OF WHICH IS PROPERTY TAXES.
PLEASE CONSIDER ALL YOUR EXPERIENCES TO DATE WITH SERVICES PROVIDED BY THE
CITY. WOULD YOU CONSIDER THE MONEY YOU PAY VERSUS THE SERVICES YOU ARE
PROVIDED TO BE A . . . .
GREAT VALUE. . . . . 12%
GOOD VALUE . . . . . 50%
FAIR VALUE . . . . . 30%
POOR VALUE . . . . . .8%
NO OPINION . . . . . .1%
13. IF ADDITIONAL STATE SALES TAX FUNDING BECAME AVAILABLE, EITHER THROUGH
STATE LAW OR REDISTRIBUTION OF CURRENT SALES TAX, HOW STRONGLY WOULD YOU
SUPPORT OR OPPOSE REDIRECTING THAT TAX TO OTHER SERVICES OR PROGRAMS IN
ORDER TO REDUCE THE BURDEN ON THE CITY’S GENERAL FUND, WHICH IS MOSTLY
FINANCED THROUGH PROPERTY TAXES?
STRONGLY SUPPORT . . 24%
SUPPORT . . . . . . 47%
OPPOSE . . . . . . . .8%
STRONGLY OPPOSE . . .3%
NO OPINION . . . . . 19%
14. AND HOW STRONGLY WOULD YOU SUPPORT OR OPPOSE REDIRECTING THE
ADDITIONAL SALES TAX TO . . . .
SS S O SO NO
A) REGIONAL TRANSIT 12% 36% 30% 9% 14%
B) STREET MAINTENANCE 12% 66% 11% 4% 8%
C) POLICE SERVICES 16% 58% 14% 5% 7%
15. OUR NEXT FEW QUESTIONS DEAL WITH THE CITY COUNCIL. HOW WOULD YOU RATE
THE OVERALL PERFORMANCE OF THE CURRENT COUNCIL?
EXCELLENT . . . . . 15%
GOOD . . . . . . . . 54%
FAIR . . . . . . . . 18%
POOR . . . . . . . . .2%
NO OPINION . . . . . 12%
16. PLEASE TELL ME HOW SATISFIED OR DISSATISFIED YOU ARE WITH THE WORK THE
COUNCIL HAS DONE IN THE FOLLOWING AREAS?
VS S D VD NO
A) WORKING AMONG THEMSELVES TO PROMOTE 13% 67% 5% 0% 15%
THE COMMUNITY
B) ENCOURAGING ECONOMIC GROWTH 18% 61% 11% 1% 10%
C) MAINTAINING QUALITY OF LIFE 20% 67% 5% 0% 8%
D) DEVELOPING EFFECTIVE PLANNING AND ZONING 13% 60% 12% 2% 13%
REGULATIONS
E) WORKING TO KEEP TAXES REASONABLE 7% 53% 24% 5% 12%
F) PLANNING FOR THE FUTURE NEEDS OF RESIDENTS 12% 62% 15% 2% 10%
G) MANAGING CITY FUNDS 11% 61% 8% 2% 19%
H) PROVIDING AN ADEQUATE FORUM FOR PUBLIC INPUT 17% 66% 6% 2% 11%
17. AS A CITY MATURES AND REACHES BUILD-OUT, IT IS OFTEN PRESENTED WITH
POTENTIAL DEVELOPMENT STRATEGIES AS A REINVESTMENT IN THE COMMUNITY.
COPPELL IS APPROACHING THAT POINT. HOW STRONGLY WOULD YOU SUPPORT OR
OPPOSE THE FOLLOWING DEVELOPMENT OR REDEVELOPMENT STRATEGIES WHICH COULD
OCCUR . . . .
SS S O SO NO
A) THE DEVELOPMENT AND CONSTRUCTION OF 6% 31% 41% 15% 7%
“MCMANSIONS”, WHERE A PERSON PURCHASES
MULTIPLE HOME LOTS TO CONSTRUCT ONE
MANSION OR LARGE HOUSE WITHIN A SMALLER-
HOME NEIGHBORHOOD
B) MIXED-USE DEVELOPMENTS, WHICH INTEGRATE 10% 48% 29% 9% 5%
COMMERCIAL DEVELOPMENT WITH HIGH DENSITY
HOUSING SOUCH AS SOUTHLAKE TOWN CENTER,
ADDISON CIRCLE, AND THE SHOPS AT LEGACY
C) CONTINUE THE CITY’S CURRENT STRATEGY OF 23% 65% 9% 1% 3%
MAINTAINING TRADITIONAL COMMERCIAL
DEVELOPMENT WITH SINGLE FAMILY NEIGHBORH.
18. PLEASE TELL ME HOW STRONGLY YOU AGREE OR DISAGREE WITH THE FOLLOWING
STATEMENTS . . . .
SA A D SD NO
A) I AM SATISFIED WITH LIVING IN COPPELL 50% 47% 3% 0% 1%
B) THE PROBLEM WITH CITY GOVERNMENT IS THE 5% 44% 38% 4% 9%
LACK OF PARTICIPATION FROM CITIZENS
C) I AM FRUSTRATED WITH HOW CITY 2% 14% 71% 9% 6%
GOVERNMENT WORKS IN COPPELL
D) I DON'T FEEL I CAN EVER GET A STRAIGHT 1% 10% 72% 10% 8%
ANSWER FROM THE CITY IF I HAVE A PROBLEM
SA A D SD NO
E) WE HAVE AN EXCELLENT CITY WORKFORCE 11% 77% 6% 0% 6%
F) THE CURRENT LEVEL OF SERVICES PROVIDED 0% 13% 74% 11% 2%
BY THE CITY IS NOT ADEQUATE
G) I HAVE EVERY OPPORTUNITY TO PARTICIPATE 14% 77% 6% 1% 4%
IN CITY GOVERNMENT HERE IN COPPELL
19. AND HOW USEFUL OR NOT USEFUL ARE EACH OF THE FOLLOWING CITY SOURCES TO
YOU IN FINDING OUT ABOUT WHAT’S GOING ON IN COPPELL. YOUR ANSWERS SHOULD
BE VERY USEFUL, SOMEWHAT USEFUL, NOT VERY USEFUL, OR NOT AT ALL
USEFUL . . . .
VU SU NU NAU NO
A) THE CITY DESK WATER BILL INSERT 39% 45% 7% 4% 6%
B) MESSAGE PORTION OF WATER BILL 20% 48% 17% 7% 8%
C) CABLE CHANNEL BULLETIN BOARD 7% 29% 28% 16% 21%
D) ANNUAL CITY BUDGET REPORT 8% 36% 28% 14% 16%
E) CITY STAFF 19% 51% 13% 6% 12%
F) CITY COUNCIL 17% 52% 15% 5% 12%
G) CITY WEB SITE 33% 44% 10% 4% 11%
H) 24-HOUR TELEPHONE INFORMATION LINE C-LINK 9% 27% 23% 14% 27%
I) CiTV COMMUNITY NEWS PROGRAMMING 7% 27% 26% 11% 29%
J) COPPELL CLIPS – ELECTRONIC NEWSLETTER 23% 24% 18% 11% 25%
20. IF YOU HAVE ACCESS TO CITV ON EITHER TIME WARNER OR VERIZON FiOS, HOW
OFTEN DURING AN AVERAGE MONTH DO YOU WATCH GOVERNMENT ACCESS PROGRAMMING?
IF YOU DO NOT HAVE CABLE TELEVISION, DO YOU HAVE SATELLITE OR NEITHER?
NEITHER . . . . . . . 12%
SATELLITE . . . . . . 12%
ONCE A WEEK . . . . . .6%
2 – 4 TIMES PER WEEK . .5%
1 - 2 TIMES PER MONTH .22%
3 – 5 TIMES PER MONTH .5%
REFUSE TO ANSWER . . . 39%
21. IF A CITY-WIDE WIRELESS NETWORK WERE AVAILABLE, HOW LIKELY WOULD YOU
BE TO SUBSCRIBE?
VERY LIKELY . . . . 17%
LIKELY . . . . . . . 26%
UNLIKELY . . . . . . 37%
VERY UNLIKELY . . . 12%
NO OPINION . . . . . .8%
22. THE CITY CURRENTLY PROVIDES WIRELESS ACCESS AT THE LIBRARY. IT PLANS
TO OFFER ACCESS AT SEVERAL OTHER CITY FACILITIES IN THE VERY NEAR FUTURE.
ONCE AVAILABLE, HOW LIKELY OR UNLIKELY WOULD YOU BE TO USE THE WIRELESS
ACCESS WHEN VISITING THESE FACILITIES?
VERY LIKELY . . . . 19%
LIKELY . . . . . . . 27%
UNLIKELY . . . . . . 34%
VERY UNLIKELY . . . 19%
NO OPINION . . . . . .2%
23. THESE NEXT QUESTIONS DEAL WITH THE CITY WEB SITE. IN THE PAST 12
MONTHS, HAVE YOU OR ANYONE IN YOUR HOUSEHOLD USED THE WEBSITE TO . . . .
YES NO DON'T REM
A) REQUEST SERVICES OR DOCUMENTS FROM THE CITY 23% 76% 1%
B) CONTACTED CITY STAFF 25% 74% 2%
C) CONTACTED CITY COUNCILMEMBERS 6% 94% 1%
D) REGISTERED FOR A CITY RECREATION PROGRAM 21% 79% 1%
E) RENEWED A BOOK FROM THE LIBRARY 32% 67% 1%
F) READ THE WEEKLY ELECTRONIC NEWSLETTER, COPPELL 36% 64% 1%
CLIPS
G) PAY A MUNICIPAL COURT FEE 4% 95% 1%
H) PAY FEES FOR CITY SERVICES 14% 84% 2%
24. PLEASE TELL ME HOW SATISFIED OR DISSATISFIED YOU ARE WITH THE
FOLLOWING IMPROVEMENTS MADE BY THE CITY TO IMPROVE THE WAY IT COMMUNICATES
WITH ITS CITIZENS . . . .
VS S D VD NO
A) EXPANSION OF THE CITY’S INTERNET WEB SITE 14% 50% 5% 2% 29%
B) IMPROVEMENTS IN PROGRAMMING TO THE CITY’S 5% 35% 8% 1% 53%
GOVERNMENT ACCESS CHANNEL
C) REGULAR PUBLICATION OF CITY NEWSLETTERS 16% 69% 5% 0% 12%
AND MAILPIECES
D) MAKING AVAILABLE THE OPPORTUNITY TO 12% 53% 6% 2% 28%
CONDUCT SERVICES/PAY FEES WITH THE CITY
THROUGH THE WEB SITE
25. WHICH OF THESE AGE GROUPS INCLUDES YOUR AGE?
UNDER 25 YEARS . . . .1%
26 - 35 YEARS . . . .6%
36 - 45 YEARS . . . 26%
46 - 55 YEARS . . . 43%
56 - 65 YEARS . . . 17%
OVER 65 YEARS . . . .7%
REFUSE TO ANSWER . . .0%
26. DO YOU HAVE ANY CHILDREN LIVING IN COPPELL IN THE FOLLOWING AGE
RANGES?
UNDER 6 . . . . . . .12%
(CIRCLE ALL THAT APPLY) 6 - 12 . . . . . . .27%
13 - 18 . . . . . . .34%
NO CHILDREN . . . . .44%
REFUSE TO ANSWER . . 1%
27. AND FINALLY, HOW LONG WOULD YOU SAY YOU PLAN TO LIVE IN COPPELL?
0 – 3 YEARS . . . . 10%
3 – 5 YEARS . . . . 14%
5 – 7 YEARS . . . . 12%
MORE THAN 7 YEARS . 62%
REFUSE TO ANSWER . . .3%
THAT'S THE END OF OUR SURVEY BUT COULD I CHECK TO SEE IF I DIALED THE
CORRECT NUMBER. I DIALED __________. AND COULD I HAVE YOUR FIRST NAME,
ONLY IN CASE MY SUPERVISOR HAS TO VERIFY THIS INTERVIEW. _________________.
CALLER INI._____ SHEET NUMBER_____ ZIPCODE_______ SURVEY LENGTH______
PROCLAMATION
WHEREAS, Wednesday, April 25 is set aside to honor all Office
Professionals in conjunction with Administrative Professionals Week; and
WHEREAS, the city of Coppell is proud of the dedication and hard work of
their administrative staff; and
WHEREAS, the administrative staff is instrumental in keeping our City
running effectively and efficiently; and
WHEREAS, the city of Coppell extends special thanks to all the administrative
staff in the organization.
NOW, THEREFORE, I, Douglas N. Stover , Mayor of the City of Coppell,
do hereby proclaim Wednesday, April 25 as
"ADMINISTRATIVE PROFESSIONALS DAY"
in the city of Coppell, and recognize these employees as the professionals they truly
are.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City
of Coppell to be affixed this _____ day of April 2012.
____________________________
Douglas N. Stover, Mayor
ATTEST:
___________________________
Christel Pettinos, City Secretary
PROCLAMATION
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees; and
WHEREAS, this holiday, called Arbor Day, was first observed with the planting
of more than a million trees in Nebraska; and
WHEREAS, 2012 is the 140th anniversary of the holiday and Arbor Day is now
observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious top soil by wind and
water, cut heating and cooling costs, moderate the temperature, clean the air, produce
life-giving oxygen, and provide habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes,
fuel for our fires, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual
renewal.
NOW, THEREFORE, I, Doug Stover, Mayor of the City of Coppell, do hereby
proclaim April 28, 2012 as
"ARBOR DAY"
in the City of Coppell, and I urge all citizens to celebrate Arbor Day at the Clean Coppell
Earthfest and to support efforts to protect our trees and woodlands, and further I urge all
citizens to plant trees to gladden the heart and promote the well being of the future
generations.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of
Coppell to be affixed this ______day of April 2012.
________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________
Christel Pettinos, City Secretary
PROCLAMATION
WHEREAS, today’s society is finding more citizens involved in motorcycling on
the roads of our country; and
WHEREAS, motorcyclists are roughly unprotected and therefore more prone to
injury or death in a crash than other vehicle drivers; and
WHEREAS, campaigns have helped inform riders and motorists alike on
motorcycle safety issues to reduce motorcycle related risks, injuries, and, most of all,
fatalities, through a comprehensive approach to motorcycle safety; and
WHEREAS, it is the responsibility of all who put themselves behind the wheel,
to become aware of motorcyclists, regarding them with the same respect as any other
vehicle traveling the highways of this country; and it is the responsibility of riders and
motorists alike to obey all traffic laws and safety rules; and
WHEREAS, urging all citizens of our community to become aware of the
inherent danger involved in operating a motorcycle, and for riders and motorists alike to
give each other the mutual respect they deserve;
NOW, THEREFORE I, Douglas N. Stover, Mayor of the City of Coppell, do
hereby proclaim the month of May, as
“Motorcycle Safety and Awareness Month”
Further, I urge all residents to do their part to increase safety and awareness in our
community.
IN WITNESS THEREOF, I have set my hand and caused the Seal of the City to
be affixed this 24th day of April, in the year 2012.
___________________________
Douglas N. Stover, Mayor
ATTEST:
_________________________
Christel Pettinos, City Secretary
PROCLAMATION
WHEREAS, Jan Wagner-Adkinson served as Coppell Women’s Club Secretary from 2008 –
2010 and as Club President from 2010 - 2012; and
WHEREAS, Jan’s approach for any changes to the Coppell Women’s Club is always for “The
betterment of Coppell Women’s Club;” and
WHEREAS, through Jan’s leadership and communication skills, the Coppell Women’s Club
has:
● increased membership by 66%,
● grown general meeting attendance by 54%,
● increased luncheon attendance by 20%,
● reenergized the Business Membership program which in turn increased the membership
as high as 49%,
● increased the span of the Sunshine Service to assist and recognize club members, and
● continued to provide opportunities for community-based philanthropic programs; and
WHEREAS, Jan accomplished all the above items while staying within the budget; and
WHEREAS, Jan’s two-year service as President of the Coppell Women’s Club will be coming
to an end and we would like to publically recognize Jan and all her contributions.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby proclaim
Wednesday, May 2, 2012 as
"JAN WAGNER-ADKINSON APPRECIATION DAY"
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be
affixed this _____ day of April 2012.
_________________________
Douglas N. Stover, Mayor
ATTEST:
_________________________________
Christel Pettinos, City Secretary
255 Parkway Boulevard
Coppell, Texas 75019-9478City of Coppell, Texas
Minutes - Draft
City Council
5:30 PM Council ChambersTuesday, April 10, 2012
DOUG STOVER MARSHA TUNNELL
Mayor Mayor Pro Tem
TIM BRANCHEAU BILLY FAUGHT
Place 1 Place 5
BOB MAHALIK MARVIN FRANKLIN
Place 2 Place 6
BRIANNA HINOJOSA-FLORES KAREN HUNT
Place 3 Place 7
CLAY PHILLIPS
City Manager
Also present were City Manager Clay Phillips, City Secretary Christel Pettinos and City
Attorney Robert Hager.
The City Council of the City of Coppell met in Regular Called Session on Tuesday, April 10,
2012, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard,
Coppell, Texas.
Call to Order1.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened in Executive Session at 5:51 p.m.
Douglas N. Stover;Tim Brancheau;Bob Mahalik;Brianna
Hinojosa-Flores;Marsha Tunnell;Billy Faught;Marvin Franklin and Karen
Hunt
Present 8 -
Executive Session (Closed to the Public) 1st Floor Conference Room2.
Section 551.071, Texas Government Code - Consultation with City Attorney.
A.Consultation with the City Attorney in regards to Mira Mar v. City of
Coppell.
Discussed under Executive Session
B.Seek legal advice from the City Attorney concerning the settlement
Page 1City of Coppell, Texas
April 10, 2012City Council Minutes - Draft
and land purchase agreements with the Billingsleys at Northlake.
Discussed under Executive Session
Section 551.072, Texas Government Code - Deliberation regarding Real Property.
C.Discussion regarding property purchases and matters concerning
property
located at Northlake.
Discussed under Executive Session
Section 551.087, Texas Government Code - Economic Development Negotiations.
D.Discussion regarding Economic Development prospects west of
Freeport Parkway and south of Bethel Road.
Discussed under Executive Session
E.Discussion regarding Economic Development prospects west of
Coppell Road and north of Canyon.
Discussed under Executive Session
Mayor Stover adjourned the Executive Session at 6:49 p.m. and opened the
Work Session.
Work Session (Open to the Public) 1st Floor Conference Room3.
A.Update from the Coppell Police Department on 2011 Crime Stats.
B.Discussion regarding the Citizen Satisfaction Survey.
C.Update on Storm Activities.
D.Discussion of Agenda Items.
Presented in Work Session
Mayor Stover adjourned the Work Session and opened the Regular Session.
Regular Session (Open to the Public)
Invocation 7:30 p.m.4.
Councilmember Billy Faught gave the Invocation.
Pledge of Allegiance5.
Mayor Stover led those present in the Pledge of Allegiance.
Page 2City of Coppell, Texas
April 10, 2012City Council Minutes - Draft
6.Consider a Proclamation to Celebrate National Library Week.
Mayor Stover read the proclamation into the record and presented the same to
Vicki Chiavetta, Director of Library Services, Jane Darling, Assistant Director of
Library Services and Members of the Library Board.
A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Billy Faught, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Councilmember Tim Brancheau;Councilmember Bob
Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha
Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and
Councilmember Karen Hunt
Aye:7 -
Citizens’ Appearance7.
Mayor Stover advised that no one signed up to speak.
Consent Agenda8.
A.Consider approval of minutes: March 27, 2012.
A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Bob Mahalik, that Agenda Items A-E be approved on the
Consent Agenda. The Agenda Items passed by an unanimous vote.
B.Consider approval of an ordinance amending Article 8-3 Parking,
Section 8-3-1(A) of the Code of Ordinances for the City of Coppell to
prohibit parking, stopping or standing at all times on the east side of
Oxford Place adjacent to Lots 27 and 28 Block A and Lot 1X in its
entirety and the south side of Blackburn Drive adjacent to lot 28 Block
A; and authorizing the Mayor to sign and execute any necessary
documents.
A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Bob Mahalik, that Agenda Items A-E be approved on the
Consent Agenda. The Agenda Items passed by an unanimous vote.
C.Consider approval of an Ordinance for Case No. S-1255-C, The
Learning Experience, a zoning change from C (Commercial) to
S-1255-C (Special Use Permit-1255-Commercial), to permit an
approximate 11,000-square-foot day care to be located within the
existing two-story building, removal of a portion of the parking lot to
accommodate the addition of a 5,150-square-foot outdoor play area
with a rubber surface to be located at 123 East Sandy Lake Road and
authorizing the Mayor to sign.
A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Bob Mahalik, that Agenda Items A-E be approved on the
Consent Agenda. The Agenda Items passed by an unanimous vote.
D.Consider approval of an Ordinance for Case No. PD-214R5-C, Arbor
Page 3City of Coppell, Texas
April 10, 2012City Council Minutes - Draft
Manors Retail, a zoning change from PD-214R2-C (Planned
Development-214 Revision 2-Commercial) to PD-214R5-C (Planned
Development-214 Revision 5-Commercial) to attach a Detail Plan to
allow the development of an 11,000-square-foot retail building to
contain retail and office uses including two restaurants on 1.5 acres of
property located at 143 South Denton Tap Road and authorizing the
Mayor to sign.
A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Bob Mahalik, that Agenda Items A-E be approved on the
Consent Agenda. The Agenda Items passed by an unanimous vote.
E.Consider award of Bid number Q-0112-01, to Elite Tree Service, for
the Tree Maintenance Annual Contract and authorizing the City
Manager to execute the necessary documents.
A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Bob Mahalik, that Agenda Items A-E be approved on the
Consent Agenda. The Agenda Items passed by an unanimous vote.
End of Consent Agenda
9.PUBLIC HEARING:
Consider approval of Case No. PD-95R-SF-9, Shadow Ridge Estates
I, Lot 10, Block A, a zoning change request from PD-95-SF-9 (Planned
Development-95-Single Family-9) to PD-95R-SF-9 (Planned
Development-95 Revised-Single Family-9), to allow for a
767.5-square-foot garage expansion which encroaches into the
required rear yard on 0.33 acres of property located at 202 Southern
Belle Drive.
Presentation: Gary Sieb, Director of Planning, made a presentation to Council.
Mayor Stover opened the Public Hearing and asked for the following to speak:
1) Jordan Musser, 202 Southern Belle Dr., applicant, answered questions of
Council.
2) Marilyn Mohr, 200 River Rd., spoke in favor of the item.
3) Rich Mohr, 200 River Rd., spoke in favor of the item.
4) Kristin Moore, 201 River Rd., spoke in favor of the item.
5) Bruce Moore, 201 River Rd., spoke in favor of the item.
6) Beverly Musser, 1315 Riverchase Dr., spoke in favor of the item.
7) Christy Hodges, 204 River Rd., spoke in favor of the item.
A motion was made by Councilmember Bob Mahalik, seconded by
Councilmember Marvin Franklin, to close the Public Hearing and approve this
Agenda Item. The motion passed by an unanimous vote.
Councilmember Tim Brancheau;Councilmember Bob
Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha
Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and
Councilmember Karen Hunt
Aye:7 -
10.PUBLIC HEARING:
Page 4City of Coppell, Texas
April 10, 2012City Council Minutes - Draft
Consider approval of Case No. PD-199R6-HC, Zimmer, a zoning
change request from PD-199R5-HC-S-1211R2 (Planned
Development-199 Revision 5-Highway Commercial-Special Use
Permit-1211 Revision 2) to PD-199R6-HC (Planned Development-199
Revision 6-Highway Commercial), to revise the Detail Site Plan to
allow a sign with a logo which exceeds 20% of the area of the sign on
1.4 acres of property located at 697 E. Highway 121.
Presentation: Gary Sieb, Director of Planning, made a presentation to Council.
Mayor Stover opened the Public Hearing and advised no one signed up to
speak.
1) Cary Moon, 4040 Vernon, Keller, applicant, answered questions of Council.
A motion was made by Councilmember Hunt, seconded by Councilmember
Brancheau, to close the Public Hearing and approve this Agenda Item as
presented by the applicant. Needing a 3/4 vote of Council to pass, this item
failed with Mayor Pro Tem Tunnell and Councilmember Faught voting against
the item.
Councilmember Tim Brancheau;Councilmember Bob
Mahalik;Councilmember Brianna Hinojosa-Flores;Councilmember Marvin
Franklin and Councilmember Karen Hunt
Aye:5 -
Mayor Pro Tem Marsha Tunnell and Councilmember Billy FaughtNay:2 -
11.PUBLIC HEARING:
Consider approval of Case No. PD-250R-H, Darling Patio Homes, Lots
1R-32R, Block F, Lots 2R-13R, Block G and Lot 2RX, Block G, Old
Town (Main Street), a zoning change request from PD-250-H (Planned
Development-250-Historic), to PD-250R-H (Planned Development-250
Revised-Historic), to establish a Detail Site Plan for Lots 1R-32R,
Block F, Lots 2R- 13R, Block G and Lot 2RX, Block G, to allow 44
patio-home lots and one common area lot on 3.9 acres of property
located west of South Coppell Road and north of Burns Street.
Presentation: Gary Sieb, Director of Planning, made a presentation to Council.
Mayor Stover opened the Public Hearing and advised that no one signed up to
speak.
1) Andy Hoffer, 2500 Legacy Drive, Frisco, applicant, answered questions of
Council.
2) Greg Yancey, Box 1790, Coppell, representing the applicant, addressed
Council.
A motion was made by Councilmember Marvin Franklin, seconded by Mayor
Pro Tem Marsha Tunnell, to close the Public Hearing and approve this Agenda
Item subject to the following condition: 1) Add to the HOA documents that no
parking is permitted within the driveways adjacent to the alleyways.
The motion passed by an unanimous vote.
Page 5City of Coppell, Texas
April 10, 2012City Council Minutes - Draft
Councilmember Tim Brancheau;Councilmember Bob
Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha
Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and
Councilmember Karen Hunt
Aye:7 -
12.PUBLIC HEARING:
Consider approval of the Old Town (Main Street) Addition, Lots
1R-32R, Block F, Lots 2R-13R, Block G and Lot 2RX, Block G, Replat,
being a replat of Lot 1, Block F into 32 residential lots, and Lot 2, Block
G into 12 residential lots and one common area lot on 3.9 acres of
property located west of South Coppell Road and north of Burns
Street.
Presentation: Gary Sieb, Director of Planning, made a presentation to Council.
Mayor Stover opened the Public Hearing and advised that no one signed up to
speak.
1) Greg Yancey, Box 1790, Coppell, representing the applicant, addressed
Council.
A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Marvin Franklin, to close the Public Hearing and approve this
Agenda Item. The motion passed by an unanimous vote.
Councilmember Tim Brancheau;Councilmember Bob
Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha
Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and
Councilmember Karen Hunt
Aye:7 -
13.PUBLIC HEARING: Consider updates for Land Use Assumptions,
Capital Improvements Plans and the imposition of Impact Fees for
Water, Waste Water and Roadway, in accordance with Chapter 395 of
the Local Government Code.
Presentation: Ken Griffin, Director of Engineering, made a presentation to
Council.
Mayor Stover opened the Public Hearing and advised that no one signed up to
speak.
A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Brianna Hinojosa-Flores, to close the Public Hearing and
direct staff to bring back an ordinance to set impact fees. The motion passed
by an unanimous vote.
Councilmember Tim Brancheau;Councilmember Bob
Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha
Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and
Councilmember Karen Hunt
Aye:7 -
14.Consider approval of an Engineering Services Contract with Teague,
Nall, and Perkins, Inc. to provide professional engineering and design
services for the Freeport Parkway Infrastructure Improvements (from
West Sandy Lake Road to SH 121), Project #ST 05-02B; for a total
Page 6City of Coppell, Texas
April 10, 2012City Council Minutes - Draft
maximum fee of $514,500; as provided for in CIP and RTR funds; and
authorizing the City Manager to sign and execute any necessary
documents.
Presentation: Mike Garza, Graduate Engineer, made a presentation to Council.
A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Marvin Franklin, that this Agenda Item be approved. The
motion passed by an unanimous vote.
Councilmember Tim Brancheau;Councilmember Bob
Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha
Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and
Councilmember Karen Hunt
Aye:7 -
City Manager Reports
15.Project Updates and Future Agendas.
Read and Filed
City Manager Clay Phillips reported that the Branding Contract will be brought
forward to Council no later than the first meeting in May. Regarding Project
Updates, Sandy Lake Road, Deforest Road and Old Coppell are all in various
stages of construction. Regarding the severe storm on April 3, Mr. Phillips
updated Council on the post-activity reports. The City did sound the warning
sirens per protocol. Staff is continuing to look at communication efforts and
will bring back ideas to consider in the future. The biggest issue the City is
facing now are solicitors. To date, 500 solicitors have applications on file, 430
permits have been issued with 75 still pending. A registered solicitor should
have their permit visible with a photo showing they have been registered with
the City. Regarding solicitors' signs in the yard, the City is allowing these to
stay up longer than normal given the magnitude of the storm. This will
hopefully cut down on the traffic from other companies. Mr. Phillips praised
Waste Management for the great work they did picking up the debris in the
neighborhoods. The City's fleet took a major hit with 2/3 of the fleet damaged
by the storm and approximately 30 vehicles inoperable. Mr. Phillips advised
citizens to stay tuned to the National Weather Service, as well as their radio
and television station of choice for future notifications.
Mayor and Council Reports
16.Report by Mayor Stover regarding the Plaza Movie Series, Earthfest,
Bounce! and the Aquatic and Recreation Center Grand Re-Opening
Event.
Read and Filed
Mayor Stover reported the Plaza Movie Series is still underway and going very
well! Upcoming movies include: The Goonies on April 13th and The Zookeeper,
April 20th. Earthfest is quickly approaching on April 28th, 10am - 2pm at Town
Center Plaza. Bounce! will also be here before we know it on May 12th, 10am -
2pm at Wagon Wheel Park.
Page 7City of Coppell, Texas
April 10, 2012City Council Minutes - Draft
Regarding the Aquatic and Recreation Center Grand Re-Opening Event, a date
has been set and planning is underway. We will hold a ribbon cutting
ceremony on May 26th at 10am and will host a variety of activities including
free swim, tours, face painting, food and refreshments from the Police
Explorers, fitness and personal training consultations and more! The event will
last from 10am - 1pm.
Public Service Announcements concerning items of community interest and no Council
action or deliberation is permitted.
17.
Mayor Stover's son, Blake Stover, has chosen to join the Army's Officer
Candidate School.
Necessary Action from Executive Session18.
Nothing to report.
Adjournment
There being no further business to come before the Council, this meeting was
adjourned.
________________________
Douglas N. Stover, Mayor
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall
of the City of Coppell, Texas on this 6th day of April, 2012, at _____________.
______________________________
Christel Pettinos, City Secretary
PUBLIC NOTICE - 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 makes 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).
Page 8City of Coppell, Texas
MEMORANDUM
TO: Mayor and City Council
VIA: Kenneth M. Griffin, P.E., Director of Engineering and Public Works
FROM: George S. Marshall, P.E., Civil Engineer
DATE: April 24, 2012
REF: Consider approval of an ordinance to amend the Land Use Assumptions and
the Capital Improvements Plan for Water, Wastewater, and Roadway
Facilities by amending the City of Coppell Code of Ordinances, Chapter 17,
Impact fees; and authorizing the Mayor to sign and execute any necessary
documents.
On April 10, 2012 a Public Hearing was held to consider the amendment of the Land Use
Assumptions, Capital Improvement Plan for Water, Wastewater and Roadway Facilities and to
consider the imposition of Impact Fees. A presentation was made highlighting recommended
changes to the Water, Wastewater, and Roadway facilities. Also, it was noted that the Capital
Improvements Advisory Committee recommended no changes to the actual impact fee amount
per service unit. There were no citizens present to speak at the Public Hearing.
The revision to the Impact Fee Study has been a series of steps prescribed by state law, which
began on April 26, 2011 when the City of Coppell entered into a contract with Freese and
Nichols, Inc. to perform an Impact Fee Study for revisions to the City’s current Capital
Improvements Plan, and to make recommendations on the Impact Fees needed to implement the
Capital Improvement Plan. This study was performed due to the recently updated ‘2030
Comprehensive Land Use Plan’. The item this evening is to approve the actual ordinance that
will revise the effective study and change the Capital Improvements Plans.
The impact fee process is as follows:
Develop updated Land Use Assumptions (LUA)
Perform capacity analysis to develop Capital Improvements Plan (CIP)
Conduct Impact Fee analysis and calculations
Present LUA, CIP, and Impact Fees to Capital Improvements Advisory Committee
(CIAC)
Public Hearing at City Council meeting
City Council approval
Update Fee Ordinance
Included with the ordinance are the tables showing the maximum fees that could be assessed for
water, wastewater and roadway facilities. The recommendation from the Capital Improvements
Advisory Committee was that the Roadway Impact Fee be maintained at $150 per equivalent
service unit, that the Water Impact Fee be maintained at $900 per equivalent service unit, and
that the Wastewater Impact Fee be maintained at $900 per equivalent service unit. These fees
are less than the maximum amount that could be assessed. As a reminder, the maximum amount
that could be assessed is 50% of what the actual study shows should be assessed to cover actual
costs.
If this item is approved by City Council, with no impact fee change, then the final step in
updating the fee ordinance will not be necessary.
Staff recommends approval of the ordinance to amend the Land Use Assumptions and Capital
Improvement Plan for Water, Wastewater and Roadway Facilities. Staff will be present at the
meeting to make a presentation and answer any questions at the Council meeting.
55091
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, APPROVING
AMENDMENTS TO THE LAND USE ASSUMPTIONS, THE CAPITAL
IMPROVEMENT PLAN FOR WATER, WASTEWATER AND ROADWAY
FACILITIES, CHANGES TO THE IMPACT FEE CALCULATIONS BY
AMENDING CHAPTER 17, SCHEDULE 1 AND 2 OF THE CODE OF
ORDINANCE; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas previously imposed Impact
Fees for Water, Wastewater and Roadway Facilities for the financing of Capital Improvements
required for new development in the City; and,
WHEREAS, with the advice and assistance of the Capital Improvements Advisory
Committee, amendments to the Land Use Assumptions and the Capital Improvement Plan for
Water, Wastewater and Roadway Facilities have been prepared; and
WHEREAS, based on amendments to the Land Use Assumptions, amendments to the
Capital Improvement Plan for Water, Wastewater and Roadway Facilities have been prepared by
Freese and Nichols, Inc., in a document entitled “Water, Wastewater, and Roadway Impact Fee
Report,” dated February 2012; and
WHEREAS, the Capital Improvement Advisory Committee has filed written comments on
the amendments to the Land Use Assumptions and the Capital Improvement Plan for Water,
Wastewater and Roadway Facilities and the City Council has received and reviewed those
comments; and
WHEREAS, the City Council of the City of Coppell has given notice and held a public
hearing required by Chapter 395 of the Texas Local Government Code for the amendments to the
Land Use Assumptions, the Capital Improvement Plan for Water, Wastewater and Roadway
Facilities Plan and modification of impact fees for the financing of capital improvements required
by new development within the city; and
WHEREAS, the City Council find it is in the best interest of the City of Coppell and its
citizens to approve and adopt the amendments to the Land Use Assumptions and the Capital
Improvement Plan for Water, Wastewater and Roadway Facilities and to establish impact fees
consistent with the Capital Improvement Plan and to make other conforming changes to the Code of
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. The City of Coppell, Texas hereby approves and adopts the “Water,
Wastewater and Roadway Impact Fee Report”, dated February 2012 and prepared by Freese and
TM 55091
Nichols, Inc., as the amended Land Use Assumptions Capital Improvement Plans for Water,
Wastewater and Roadway Facilities of the city, a copy of which is attached hereto and incorporated
herein as Exhibit A.
SECTION 2. That Chapter 17, Article 2, 3 and 4, respectively, of the Code of Ordinances
of the City of Coppell, Texas, is amended by adopting the following impact fees as set forth in the
schedule as follows:
“CHAPTER 17. IMPACT FEES
. . . . .
ARTICLE 2. WATER FACILITIES FEES
. . . . .
Sec. 17-2-3. Water Facility Fees
The maximum impact fees per service unit for water facilities and the impact fees per service unit
for water facilities which are to be paid by development are hereby established, as set forth in
Schedule 1 and the established assessed fee is hereby provided in Schedule 2. The impact fees per
service unit for water facilities may be amended from time to time as provided in Chapter 395,
Texas Local Government Code.
ARTICLE 3. SEWER FACILITIES FEES
. . . . .
Sec. 17-3-3. Wastewater Facilities Fees
The maximum impact fees per service unit for wastewater facilities and the impact fees per service
unit for wastewater facilities which are to be paid by development are hereby established, as set
forth in Schedule 1 and the established assessed fee is hereby provided in Schedule 2. The impact
fees per service unit for wastewater facilities may be amended from time to time as provided in
Chapter 395, Texas Local Government Code.
ARTICLE 4. ROADWAY FACILITIES FEES
. . . . .
Sec 17-4-3. Roadway Facilities Fees
TM 55091
The maximum impact fees vehicle mile for each roadway benefit area and the impact fees per
vehicle mile for roadway facilities which are to be paid by development are hereby established, as
set forth in Schedule 1 and the established assessed fee is hereby provided in Schedule 2. The
impact fees per vehicle mile for roadway facilities may be amended from time to time as provided
in Chapter 395, Texas Local Government Code.
. . . . .
MAXIMUM FEE RATE FOR IMPACT FEES
SCHEDULE 1
WATER FACILITY MAXIMUM FEE PER SERVICE UNIT
Meter Size E.S.U. * Water Impact Fee
5/8" x 3/4" 1.00 $ 995.00
1" 1.67 $ 1,661.65
1 1/2" 3.33 $ 3,313.35
2" 5.33 $ 5,303.35
3" 11.67 $ 11,611.65
4" 21.00 $ 20,895.00
6" 46.67 $ 46,436.65
8" 80.00 $ 79,600.00
WASTEWATER FACILITY MAXIMUM FEE PER SERVICE
UNIT
Meter Size E.S.U. * Wastewater Impact
Fee
5/8" x 3/4" 1.00 $ 927.00
1" 1.67 $ 1,548.09
1 1/2" 3.33 $ 3,086.91
2" 5.33 $ 4,940.91
3" 11.67 $ 10,818.09
4" 21.00 $ 19,467.00
6" 46.67 $ 43,263.09
8 80.00 $ 74,160.00
TM 55091
ROADWAY FACILITY MAXIMUM FEE PER SERVICE
UNIT
Service Area Cost Per Service Unit
1 $ 210.00
* Based on AWWA Standards C701
ASSESSED FEE RATE
SCHEDULE 2
WATER FACILITY
PAYMENT AND COLLECTION FEE PER SERVICE UNIT
Meter Size E.S.U. * Water Impact Fee
5/8" x 3/4" 1.00
Fee Set by Separate
Resolution
1" 1.67
1 1/2" 3.33
2" 5.33
3" 11.67
4" 21.00
6" 46.67
8" 80.00
WASTEWATER FACILITY
PAYMENT AND COLLECTION FEE PER SERVICE UNIT
Meter Size E.S.U. * Wastewater Impact
Fee
5/8" x 3/4" 1.00
Fee Set by Separate
Resolution
1" 1.67
1 1/2" 3.33
2" 5.33
3" 11.67
4" 21.00
6" 46.67
8" 80.00
TM 55091
ROADWAY FACILITY
PAYMENT AND COLLECTION FEE PER SERVICE UNIT
Service Area Cost Per Service Unit
1 Fee Set by Separate
Resolution
* Based on AWWA Standards C701”
SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance or the Code of Ordinance, as amended hereby, be adjudged or held to be
unconstitutional, illegal or invalid the same shall not affect the remaining provisions of said
ordinance or the Code of Ordinances, as amended hereby, which shall continue in full force and
affect.
SECTION 4. That all the provisions of this ordinance are hereby declared to be
governmental and for the health, safety and welfare of the general public. Any member of the City
Council or any City official or employee charged with the enforcement of this ordinance of the
Code of Ordinances as amended hereby, acting for the City of Coppell, Texas, in the discharge of
their duties, shall not thereby render themselves personally liable; and they are hereby relieved from
all personal liability for any damage that might occur to persons or property as a result of any act
required or permitted in the discharge of said duties.
SECTION 5. That any violation of this ordinance may be enjoined by a suit filed in the
name of the City of Coppell, Texas, in a court of competence jurisdiction; and this remedy shall be
in addition to any penal provision in this ordinance or in the Code of Ordinances of the City of
Coppell, Texas as amended hereby.
TM 55091
SECTION 6. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _____ day
of __________, 2012.
APPROVED:
______________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_______________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
PARKS AND RECREATION DEPARTMENT
CITY COUNCIL AGENDA ITEM
DATE: April 24, 2012
TO: Mayor and City Council
FROM: Brad Reid, Director of Parks and Recreation
RE: Consider award of Bid number Q-0312-01, to Nema 3 Electric, in the
amount of $155,978.00, for the Andrew Brown Jr. Community Park West
Parking Lot Lighting; and authorizing the City Manager to execute the
necessary documents
Background:
Andrew Brown Jr. Community Park West, though highly visible from Denton Tap Road,
has been without one standard amenity for a park with numerous athletic facilities.
Parking lot lights are needed to provide the quality of service available in all of the other
gathering places for large organized and passive recreation opportunities in Coppell.
Funding has been made available in the 2011–12 budget and the Parks and Recreation
Department is preparing to schedule this project during the low field use summer months.
The Coppell Youth Soccer Association has asked the department to consider the option
of also including field lighting for soccer practice areas adjacent to the parking lot. The
original request was to add lights to the poles supporting the parking lot lights and direct
them towards the fields. This option was deemed to be unfeasible due to the pole height
required for field lights. Consequently, it was determined that 3 light standards would be
required to adequately light the practice areas. The three field lights were submitted as
bid alternates to be considered separately from the parking lot lights.
The City of Coppell advertised for formal bids to install new LED parking lot lights at
Andrew Brown West Community Park, as well as alternate pricing for additional practice
area lighting. The bid advertisement closed on March 20, 2012, at which time eight (8)
bids were opened.
Below is a listing of the bidders, along with their total bid pricing and days anticipated
for completion.
Contractor Total Base Bid Total Alt. Bid Days
Nema 3 Electric $109,036.00 $46,942.00 90
Illuminations By Greenlee $119,140.00 $66,889.44 60
Groves Electrical $130,400.00 $59,527.00 77
Concord Commercial $146,709.00 $53,816.50 80
Environmental Lighting Svs. $146,912.00 $69,665.00 90
Superior Group $159,828.00 $50,909.00 60
Facility Solutions Group $174,000.00 $66,000.00 50
Independent Utility Const. $192,285.00 $86,362.00 45
Based on current and previous work history with the City of Coppell, low unit pricing,
equipment and manpower to handle the job, and strong references with other local
municipalities, it is recommended that Nema 3 Electric be awarded Bid #Q-0312-01,
Andy Brown Jr. Community Park West Parking Lot Lighting. There is $125,000.00
budgeted in fiscal year 2011-12 in Fund 17 for this project. The base bid and alternate
bid total is $155,978.00, which will require an additional $30,978.00 to include the three
practice field lights in the project. Jennifer Miller indicates that there are funds
remaining in Fund 17 that could be used to cover this additional work. The project is
estimated to take 90 calendar days to complete.
Action requested:
Approval of this item to include additional funding for the 3 field lights
P.O. Box 167 Alvord, Texas 76225 phone: 940.427.8487 fax: 940.427.8499
jwcvei1@embarqmail.com
April 12, 2012
City of Coppell
816 S. Coppell RD.
Coppell, TX 75019
Mr. John Elias, Park Operation Manager
RE: Andy Brown Community Park West Parking Lot Lighting
John,
We have reviewed the three lowest bidders for the referenced project and can find no
reason eliminate the low bidder, therefore, we recommend the contract be awarded to
Nema 3 Electric, Inc.
Regards,
Jim Weathers
Engineering Associates
_____________________________________________________________________________________________
Bid Q-0312-01 ANDY BROWN JR. COMMUNITY PARK WEST PARKING LOT LIGHTING
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019
CITY OF COPPELL, TEXAS
STANDARD FIXED PRICE AGREEMENT
FOR THE CONSTRUCTION OF
ANDY BROWN JR. COMMUNITY PARK WEST PARKING LOT
LIGHTING
BID Q-0312-01 ANDY BROWN JR. COMMUNITY PARK WEST PARKING LOT LIGHTING
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 2
City of Coppell, Texas
This Agreement is made by and between the City of Coppell, Texas, a home-rule municipality
(hereinafter referred to as the "Owner") and __Nema 3__ (hereinafter referred to as the "Contractor") for
construction of _Andy Brown Jr. Community Park West Parking Lot Lighting__, (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.
BID Q-0312-01 ANDY BROWN JR. COMMUNITY PARK WEST PARKING LOT LIGHTING
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 3
1.5.6 Words or terms used as nouns in this
Contract shall be inclusive of their singular and plural
forms, unless the context of their usage clearly
requires a contrary meaning.
1.5.7 The Contractor shall have a continuing
duty to read, carefully study and compare each of the
Contract Documents, the Shop Drawings, the Product
Data, and any Plans and Specifications, and shall
give written notice to the 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:
BID Q-0312-01 ANDY BROWN JR. COMMUNITY PARK WEST PARKING LOT LIGHTING
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 4
2.2.2 The Contractor shall be responsible for
paying for and procuring all materials and labor and
furnishing all services necessary or appropriate for
the full performance of the Work and the for the full
completion of the Project. All materials shall be new
and materials and workmanship shall be of good
quality. Upon request, the Contractor shall furnish
satisfactory proof of the type, kind, and quality of
materials.
ARTICLE III
CONTRACT TIME
3.1 TIME AND LIQUIDATED DAMAGES
3.1.1 The Contractor shall commence the
Work within 10 days of receipt of a written Notice to
Proceed, and shall achieve Substantial Completion of
the Work no later than _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 $__240.00_ 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 In the event that the Contractor achieves
certification of substantial completion prior to the
scheduled completion date, the Owner shall pay to
the Contractor the sum of $__0_____ per day for
each calendar day that substantial completion is
certified in advance of the scheduled completion
date.
3.1.4 No claim shall be made by the
Contractor to the Owner, and no damages, costs or
extra compensation shall be allowed or paid by the
Owner to the Contractor for any delay or hindrance
from any cause in the progress or completion of the
Work or this Contract. The Contractor’s sole remedy
in the event of any delay or hindrance shall be to
request time extensions by written change orders as
provided for hereinafter. Should the Contractor be
delayed by an act of the Owner, or should the Owner
order a stoppage of the Work for sufficient cause, an
extension of time shall be granted by the Owner by
written authorization upon written application, which
extension shall not be unreasonably denied, to
compensate for the delay.
3.1.5 The Owner shall have the authority to
suspend the Work wholly or in part for such period or
periods of time as it may deem appropriate due to
unsuitable conditions considered unfavorable for the
proper prosecution of the Work or for the failure of
the Contractor to carry out instructions from the
Owner or Owner’s representative. During any period
in which the Work is stopped or during which any of
BID Q-0312-01 ANDY BROWN JR. COMMUNITY PARK WEST PARKING LOT LIGHTING
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 5
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.
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
$_155,978.00_.
The sum set forth in this Paragraph 4.1 shall
constitute the Contract Price which shall not be
modified except by written Change Order as provided
in this Contract.
ARTICLE V
PAYMENT OF THE CONTRACT PRICE
5.1 SCHEDULE OF VALUES
5.1.1 Within ten (10) calendar days of the
effective date hereof, the Contractor shall submit to
the Owner and to the Architect a Schedule of Values
allocating the Contract Price to the various portions
of the Work. The Contractor's Schedule of Values
shall be prepared in such form, with such detail, and
supported by such data as the Architect or the Owner
may require to substantiate its accuracy. The
Contractor shall not imbalance its Schedule of Values
nor artificially inflate any element thereof. The
violation of this provision by the Contractor shall
constitute a material breach of this Contract. The
Schedule of Values shall be used only as a basis for
the Contractor's Applications for Payment and shall
only constitute such basis after it has been
acknowledged and accepted in writing by the
Architect and the Owner.
5.2 PAYMENT PROCEDURE
5.2.1 The Owner shall pay the Contract Price
to the Contractor as provided below.
5.2.2 PROGRESS PAYMENTS - Based upon the
Contractor's Applications for Payment submitted to
the Architect and upon Certificates for Payment
subsequently issued to the Owner by the Architect,
the Owner shall make progress payments to the
Contractor on account of the Contract Price.
5.2.3 On or before the 25th day of each
month after commencement of the Work, the
Contractor shall submit an Application for Payment
for the period ending the 15th day of the month to the
Architect in such form and manner, and with such
supporting data and content, as the Owner or the
Architect may require. Therein, the Contractor may
request payment for ninety percent (90%) of that
portion of the Contract Price properly allocable to
Contract requirements properly provided, labor,
materials and equipment properly incorporated in the
Work, less the total amount of previous payments
received from the Owner. Such Application for
Payment shall be signed by the Contractor and shall
constitute the Contractor's representation that the
Work has progressed to the level for which payment
is requested in accordance with the Schedule of
Values, that the Work has been properly installed or
performed in full compliance with this Contract, and
that the Contractor knows of no reason why payment
should not be made as requested. Thereafter, the
Architect will review the Application for Payment
and may also review the Work at the Project site or
elsewhere to determine whether the quantity and
quality of the Work is as represented in the
Application for Payment and is as required by this
Contract. The Architect shall determine and certify
to the Owner the amount properly owing to the
Contractor. The Owner shall make partial payments
BID Q-0312-01 ANDY BROWN JR. COMMUNITY PARK WEST PARKING LOT LIGHTING
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 6
on account of the Contract Price to the Contractor
within thirty (30) days following the Architect's
receipt and approval of each Application for
Payment. The amount of each partial payment shall
be the amount certified for payment by the Architect
less such amounts, if any, otherwise owing by the
Contractor to the Owner or which the Owner shall
have the right to withhold as authorized by this
Contract. The Architect's certification of the
Contractor's Application for Payment shall not
preclude the Owner from the exercise of any of its
rights as set forth in Paragraph 5.3 hereinbelow.
5.2.4 The Contractor warrants that title to all
Work covered by an Application for Payment will
pass to the Owner no later than the time of payment.
The Contractor further warrants that upon submittal
of an Application for Payment, all Work for which
payments have been received from the Owner shall
be free and clear of liens, claims, security interest or
other encumbrances in favor of the Contractor or any
other person or entity whatsoever.
5.2.5 The Contractor shall promptly pay each
Subcontractor out of the amount paid to the
Contractor on account of such Subcontractor's Work,
the amount to which such Subcontractor is entitled.
In the event the Owner becomes informed that the
Contractor has not paid a Subcontractor as herein
provided, the Owner shall have the right, but not the
duty, to issue future checks in payment to the
Contractor of amounts otherwise due hereunder
naming the Contractor and such Subcontractor as
joint payees. Such joint check procedure, if
employed by the Owner, shall create no rights in
favor of any person or entity beyond the right of the
named payees to payment of the check and shall not
be deemed to commit the Owner to repeat the
procedure in the future.
5.2.6 No progress payment, nor any use or
occupancy of the Project by the owner, shall be
interpreted to constitute an acceptance of any Work
not in strict accordance with this Contract.
5.3 WITHHELD PAYMENT
5.3.1 The Owner may decline to make
payment, may withhold funds, and, if necessary, may
demand the return of some or all of the amounts
previously paid to the Contractor, to protect the
Owner from loss because of:
(a) defective Work not remedied by the
Contractor nor, in the opinion of the
Owner, likely to be remedied by the
Contractor;
(b) claims of third parties against the
Owner or the Owner's property;
(c) failure by the Contractor to pay
Subcontractors or others in a prompt
and proper fashion;
(d) evidence that the balance of the Work
cannot be completed in accordance with
the Contract for the unpaid balance of
the Contract Price,
(e) evidence that the Work will not be
completed in the time required for
substantial or final completion;
(f) persistent failure to carry out the Work
in accordance with the Contract;
(g) damage to the Owner or a third party to
whom the Owner is, or may be, liable.
In the event that the Owner makes
written demand upon the Contractor for amounts
previously paid by the Owner as contemplated in this
Subparagraph 5.3.1, the Contractor shall promptly
comply with such demand. The Owner shall have no
duty to third parties to withhold payment to the
Contractor and shall incur no liability for a failure to
withhold funds.
5.4 UNEXCUSED FAILURE TO PAY
5.4.1 If within fifteen (15) days after the date
established herein for payment to the Contractor by
the Owner, the Owner, without cause or basis
hereunder, fails to pay the Contractor any amount
then due and payable to the Contractor, then the
Contractor may after ten (10) additional days' written
notice to the Owner and the Architect, and without
prejudice to any other available rights or remedies it
may have, stop the Work until payment of those
amounts due from the Owner have been received.
Late payments shall not accrue interest or other late
charges.
BID Q-0312-01 ANDY BROWN JR. COMMUNITY PARK WEST PARKING LOT LIGHTING
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 7
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
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
BID Q-0312-01 ANDY BROWN JR. COMMUNITY PARK WEST PARKING LOT LIGHTING
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 8
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
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.
BID Q-0312-01 ANDY BROWN JR. COMMUNITY PARK WEST PARKING LOT LIGHTING
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 9
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.
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.
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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.
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
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CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 11
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
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.
BID Q-0312-01 ANDY BROWN JR. COMMUNITY PARK WEST PARKING LOT LIGHTING
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 12
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
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
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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
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
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CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 14
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
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
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CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 15
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
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.
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CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 16
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.
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
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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
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
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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
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.
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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 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
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on the contractor's current certificate of
coverage ends during the duration of the
project;
(4) obtain from each person providing
services on a project, and provide to the
governmental entity:
(A) a certificate of coverage, prior to that
person beginning work on the project,
so the governmental entity will have
on file certificates of coverage
showing coverage for all persons
providing services on the project; and
(B) no later than seven days after receipt
by the contractor, a new certificate of
coverage showing extension of
coverage, if the coverage period
shown on the current certificate of
coverage ends during the duration of
the project;
(5) retain all required certificates of coverage
on file for the duration of the project and
for one year thereafter;
(6) notify the governmental entity in writing
by certified mail or personal delivery,
within 10 days after the contractor knew
or should have known, of any change that
materially affects the provision of
coverage of any person providing services
on the project;
(7) post a notice on each project site
informing all persons providing services
on the project that they are required to be
covered, and stating how a person may
verify current coverage and report failure
to provide coverage. This notice does not
satisfy other posting requirements
imposed by the Act or other commission
rules. This notice must be printed with a
title in at least 30 point bold type and text
in at least 19 point normal type, and shall
be in both English and Spanish and any
other language common to the worker
population. The text for the notices shall
be the following text provided by the
Texas Worker’s Compensation Comm-
ission on the sample notice, without any
additional words or changes:
REQUIRED WORKERS' COMPENSATION
COVERAGE
"The law requires that each person working on this
site or providing services related to this construction
project must be covered by workers' compensation
insurance. This includes persons providing, hauling,
or delivering equipment or materials, or providing
labor or transportation or other service related to the
project, regardless of the identity of their employer or
status as an employee."
"Call the Texas Workers' Compensation Commission
at 512-440-3789 to receive information on the legal
requirement for coverage, to verify whether your
employer has provided the required coverage, or to
report an employer's failure to provide coverage."
and
(8) contractually require each person with
whom it contracts to provide services on a
project, to:
(A) provide coverage based on proper
reporting of classification codes
and payroll amounts and filing of
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:
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(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
$50,000.00, the Contractor shall furnish separate
performance and payment bonds to the Owner,
according to the requirements set out in the bid
documents and state statutes to guaranty full and
faithful performance of the Contract and the full and
final payment of all persons supplying labor or
materials to the Project. Each bond required by the
bid documents or state statute shall set forth a penal
sum in an amount not less than the Contract Price.
Each bond furnished by the Contractor shall
incorporate by reference the terms of this Contract as
fully as though they were set forth verbatim in such
bonds. In the event the Contract Price is adjusted by
Change Order executed by the Contractor, the penal
sum of both the performance bond and the payment
bond shall be deemed increased by like amount. The
performance and payment bonds furnished by the
Contractor shall be in form suitable to the Owner and
shall be executed by a surety, or sureties, reasonably
suitable to the Owner and authorized to do business
in the State of Texas by the State Board of Insurance.
14.4.2 If the Contract Price exceeds the sum of
$50,000.00, 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
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said maintenance bond shall be included in the
Contractor’s unit bid prices and shall be paid by the
Contractor.
14.5 SEVERABILITY
14.5.1 The provisions of this Contract are
herein declared to be severable; in the event that any
term, provision or part hereof is determined to be
invalid, void or unenforceable, such determination
shall not affect the validity or enforceability of the
remaining terms, provisions and parts, and this
Contract shall be read as if the invalid, void or
unenforceable portion had not be included herein.
14.6 AMENDMENTS
14.6.1 This Contract may be amended by the
parties only by a written agreement duly executed by
both parties. The failure of the Owner to object to
any nonperformance or nonconforming work or to
enforce any provision hereof shall in no event be
regarded as or construed to be a waiver, release or
modification of any term or provision in this
Contract, nor shall such failure to object or enforce
estop the Owner from insisting on strict compliance
with this Contract or from recovering damages, costs
or expenses arising as a result of such
nonperformance or nonconforming work.
14.7 NOTICES
14.6.1 All notices required by this Contract
shall be presumed received when deposited in the
mail properly addressed to the other party or
Architect at the address set forth herein or set forth in
a written designation of change of address delivered
to all parties and the Architect.
BID Q-0312-01 ANDY BROWN JR. COMMUNITY PARK WEST PARKING LOT LIGHTING
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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)
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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., 20__.
__________________________________________
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.,
20___.
__________________________________
Notary Public in and for the State of Texas
My Commission expires: __________________
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PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS: That
________________________________________________________________whose address is
______________________________________________________________________________
hereinafter called Principal, and
____________________________________________________, a corporation organized and
existing under the laws of the State of _______________ and fully licensed to transact business
in the State of Texas, as Surety, are held and firmly bound unto the CITY OF COPPELL,
TEXAS a municipal corporation organized and existing under the laws of the State of Texas, a
municipal corporation organized and existing under the laws of the State of Texas, hereinafter
called "Owner”, in the penal sum of ___________________________________
________________________________________________ dollars ($_____________ ) in lawful
money of the United States, to be paid in Dallas County, Texas, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors
jointly and severally, firmly by these presents. This Bond shall automatically be increased by the
amount of any Change Order or Supplemental Agreement which increases the Contract price, but
in no event shall a Change Order or Supplemental Agreement which reduces the Contract price
decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract with the City of Coppell, the Owner, dated the __________ day of
___________, 2006, which is made a part hereof by reference, for the construction of certain
public improvements that are generally described as follows:
Construction of the :
Andy Brown Jr. Community Park West Parking Lot Lighting
Bid No. ___Q-0312-01___
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-0312-01 ANDY BROWN JR. COMMUNITY PARK WEST PARKING LOT LIGHTING
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 26
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 ________________., 20___.
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-0312-01 ANDY BROWN JR. COMMUNITY PARK WEST PARKING LOT LIGHTING
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 27
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS: That
________________________________________________________________whose address is
______________________________________________________________________________
hereinafter called Principal, and
____________________________________________________, a corporation organized and
existing under the laws of the State of _______________ and fully licensed to transact business
in the State of Texas, as Surety, are held and firmly bound unto the CITY OF COPPELL,
TEXAS a municipal corporation organized and existing under the laws of the State of Texas, a
municipal corporation organized and existing under the laws of the State of Texas, hereinafter
called "Owner”, in the penal sum of ___________________________________
________________________________________________ dollars ($_____________ ) in lawful
money of the United States, to be paid in Dallas County, Texas, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors
jointly and severally, firmly by these presents. This Bond shall automatically be increased by the
amount of any Change Order or Supplemental Agreement which increases the Contract price, but
in no event shall a Change Order or Supplemental Agreement which reduces the Contract price
decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract with the City of Coppell, the Owner, dated the __________ day of
___________, 2006, which is made a part hereof by reference, for the construction of certain
public improvements that are generally described as follows:
Construction of the :
Andy brown Jr. Community Park West Parking Lot Lighting
Bid No. ___Q-0312-01___
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-0312-01 ANDY BROWN JR. COMMUNITY PARK WEST PARKING LOT LIGHTING
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 28
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 ________________., 20___.
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.
1
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering and Public Works
DATE: April 24, 2012
REF: Consider approval of the design contract with Freese and Nichols to modify
the North Lake spillway to lower the lake level in the amount of $193,800.00;
and authorizing the City Manager to sign and execute any necessary
documents.
For many years now, the City of Coppell has been involved in the development of property
within the City of Dallas surrounding North Lake. After working through numerous legal issues,
an agreement was signed in 2008 between the City of Coppell and Cypress Waters Land A, Ltd.
This agreement allowed for the purchase of certain portions of the property by the City of
Coppell and denoted several other areas of Coppell’s responsibility for future development. In
2009, the Ominous Amendment to the Contractor Purchase and Sell, In Lieu of Eminent
Domain, was executed by the City of Coppell and Cypress Waters Land A, Ltd. concerning the
modifications of the existing spillway controlling the lake level of North Lake.
After much recent discussion concerning the final normal pool elevation of North Lake, it is now
time to enter into the actual design contract for the modifications to the North Lake spillway.
The contract this evening will allow for the borings to take place along the dam of North Lake in
anticipation of a design solution for permanently lowering the lake level. The actual lowering of
the lake level will be accomplished through the installation of a drop inlet box with an outlet pipe
of adequate size to ensure the lake level is maintained.
It is anticipated that within 120 days, the 30% design documents will be available for the City’s
review, and then approximately 90 days after comments are provided back to Freese and
Nichols, Inc., the 95% design plans will be available for review by the City. While there are
seven months built in for the consulting engineer to perform the design, the actual time to review
the design is somewhere unknown given the fact that the design will need to be reviewed not
only by the City of Coppell, but also by the City of Dallas. It is hopeful that the plans will be
approved and we can begin construction sometime in the first quarter of 2013. Without any
preliminary design, it is difficult to ascertain what the construction cost may be, but very rough
estimates place the construction cost somewhere between 2.5 and 3 million dollars.
2
Staff recommends the approval of the design contract between City of Coppell and Freese and
Nichols in the amount of $193,800.00 and will be available to answer any questions at the
Council meeting.
CITY OF COPPELL
CONSULTING ENGINEERS CONTRACT
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS §
CITY OF COPPELL §
THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as
"Contract," made, entered into and executed this the _______day of ______________, 2012, by
and between the City of Coppell acting by and through the City Manager with approval of the City
Council hereinafter referred to as "City", and Freese and Nichols, Inc. , hereinafter referred
to as "Engineer".
WITNESSETH
WHEREAS, the City desires to contract for Professional Engineering Services, hereinafter
referred to as "Services", in connection with the __North Lake Dam Project No. DR 11-01__,
hereinafter referred to as the "Project"; and
WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract
with the City to perform the hereinafter defined Services necessary to complete the Project; and
WHEREAS, said Services shall be as defined herein and in the detailed Basic Services,
Attachment A, and Special Services, incorporated herein by attachment and by reference; and
WHEREAS, this contract shall be administered on behalf of the City by its City Engineer
or his duly authorized representative. The Engineer shall fully comply with any and all
instructions from said City Engineer.
Page 2
AGREEMENT
NOW, THEREFORE, the City and the Engineer, in consideration of the mutual
covenants and agreements herein contained, do mutually agree as follows:
The City agrees to retain the Engineer, and the Engineer agrees to provide Services in connection
with the Project as defined herein, and for having rendered such Services the City agrees to pay to
the Engineer fee for these Services as mutually agreed. All Services under this Contract shall be
performed under the direct supervision of the City Engineer.
1. Scope of Services.
A. Basic Services Parts I & II: The work tasks and activities to be performed and
deliverable to be provided by the Engineer shall be in accordance with Attachment
A, Scope of Services, including modifications to the Basic Services as mutually
agreed to by the City and the Engineer in accordance with the provisions of this
Contract.
B. Additional Services Not Included In Basic Services: When mutually agreed to in
writing by the City and the Engineer, the Additional Services shall be provided by
the Engineer. These Additional Services are not included as a part of Basic
Services and shall be paid for by the City in addition to payment for Basic
Services. Should it be determined that one or more of the requirements of this
Contract conflict with the requirements of the Scope of Services, including
modifications to the Scope of Services or any attachments to this contract; the
requirement of the Contract shall govern.
2. Progress Schedule. Within ten (10) days after receiving Notice to Proceed (NTP) the
Engineer shall submit to the City a Schedule of Services consisting of a listing of the
major Project tasks, the estimated consultant hours required to perform the tasks, the
percentage of the Contract budget estimated to be allocated to each task and a bar chart
schedule showing task beginning and completion dates. Significant milestones for the
Project shall be identified. At a minimum, milestones shall be provided for the three
design submittals described in Attachment A, Scope of Services: Conceptual Design
Submittal, Preliminary Design Submittal, and Final Plans, Specifications, and Estimate
(PS&E) Submittal. Based on Schedule of Services, the City shall compile Attachment B,
Project Schedule which shall become a part of this Contract upon approval of the Engineer
and the City. The Engineer shall provide to the City information to report and monitor
the design tasks within the Project Schedule by completing a "Design Progress Report" on
a form provided by the City. The Engineer shall complete and provide to the City said
report at two week intervals.
Page 3
3. Compensation.
A. Basic Services Part I Fee: The Engineer shall be paid a fee for Basic Services Part
I under this Contract pursuant to the Fee Schedule described in Attachment A,
Scope of Services. Basic Services Part I Fee shall not exceed the lump sum of
One hundred fifty nine thousand, eight hundred dollars ($159,800.00 ) provided,
however, that modifications to the Basic Services Part I, or other conditions defined
herein may necessitate a change of Fee which shall be reduced to writing and
approved by the City or its designee.
B. Basic Services Part II Fee: The Engineer should be paid a fee under this Contract
for Basic Services Part II pursuant to the Fee Schedule described in Attachment A,
Scope of Services. Basic Services Part II Fee shall not exceed the lump sum of
Thirty four thousand dollars ($34,000.00) provided, however, that modifications to
the Basic Services Part II, or other conditions defined herein may necessitate a
change of Basic Fee which shall be reduced to writing and approved by the City or
its designee.
C. Total Maximum Fee: Total Maximum Fee for this Contract shall be a lump sum of
One hundred ninety three thousand, eight hundred dollars ($193,800.00): The lump
sum Basic Services Part I Fee plus the lump sum Basic Services Part II Fee.
D. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar
days for Basic Services Part I and/or Basic Services Part II on or before the twenty
fifth (25th) calendar day of the month, or the preceding business day if the twenty
fifth occurs on a weekend and/or observed holiday. Payment shall be based on the
invoices submitted to the City, provided that Services completed as indicated in the
Design Progress Reports approved by the City equals or exceeds the increment
percentage requested on the Engineer's invoices. Engineer's invoices to City
shall provide complete information and documentation to substantiate Engineer's
charges and shall be in a form to be specified by the City Engineer. Should
additional documentation be requested by the City Engineer the Engineer shall
comply promptly with such request.
E. Payments: All payments to Engineer shall be made on the basis of the invoices
submitted by the Engineer and approved by the City. Following approval of
invoices, City shall endeavor to pay Engineer promptly, however, under no
circumstances shall Engineer be entitled to receive interest on amounts due. The
City, in compliance with Texas State law, shall process a maximum of one
payment to the Engineer per month. City reserves the right to correct any error
that may be discovered in any invoice whether paid to the Engineer or not, and to
withhold the funds requested by the Engineer relative to the error.
Page 4
4. Fee Increases. Any other provision in this Contract notwithstanding, it is specifically
understood and agreed that the Engineer shall not be authorized to undertake any Services
pursuant to this Contract requiring the payment of any fee, expense or reimbursement in
addition to the fees stipulated in Article 3 of this Contract, without having first obtained
specific written authorization from the City. The written authorization for additional
Services shall be in the form of a Modification to the Scope of Services approved by the
City Engineer and/or the City Council, if required.
5. Modifications to the Scope of Services. Either the Engineer or the City Engineer may
initiate a written request for a Modification to the Scope of Services when in the opinion of
the requesting Party, the needs and conditions of the Project warrant a modification. Upon
the receipt of a request by either Party, the Engineer and the City Engineer shall review
the conditions associated with the request and determine the necessity of a modification.
When the Parties agree that a modification is warranted, the Engineer and the City
Engineer shall negotiate the specific modification(s) and any changes in the Total
Maximum Fee or Project Schedule resulting from the modification(s). Approval of a
modification shall be in the form of a written Modification to the Scope of Services which
clearly defines the changes to the previously approved Scope of Services, Fee and/or
Project Schedule. Said written Modification shall be approved by Engineer, authorized by
the City Council, if required, and issued by the City Engineer. Issuance of the approved
Scope of Services modification shall constitute a notice to proceed with the Project in
accordance with the modified Scope of Services. The City Engineer may issue written
Modifications to the Scope of Services without prior approval of the City Council when the
modifications are to be accomplished within the authorized Total Maximum Fee and do not
materially or substantively alter the overall scope of the Project, the Project Schedule or
the Services provided by the Engineer.
6. Project Deliverables. For each submittal identified in Attachment A, Scope of Services,
the Engineer shall provide the City with one set of reproducibles, one set of bluelines or
hard copy and electronic media of the submittal documents. For any required
environmental assessment, the Engineer shall provide one set of draft and one set of final
Environmental Reports. The Environmental Reports shall be submitted as original
reproducibles and on electronic media. The electronic file may omit photographs and
government prepared maps. If photographs are included in the report they shall be taken
with a 35 mm camera or larger format camera. Color laser copies may be substituted for
the original photographs in the final report.
A transmittal letter shall be included with the Environmental Reports and shall include an
executive summary outlining: a.) Findings of the Reports; b.) Conclusions; c.)
Recommendations; and d.) Mitigation/remediation cost estimates.
Page 5
7. Project Control. It is understood and agreed that all Services shall be performed under
the administrative direction of the City Engineer. No Services shall be performed under
this Contract until a written Notice to Proceed is issued to the Engineer by the City
Engineer. In addition, the Engineer shall not proceed with any Services after the
completion and delivery to the City of the Conceptual Design Submittal, Preliminary
Design Submittal, or the Final PS&E Submittal as described in the Basic Services without
written instruction from the City. The Engineer shall not be compensated for any
Services performed after the said submittals and before receipt of City's written instruction
to proceed.
8. Partnering. The City shall encourage participation in a partnering process that involves
the City, Engineer and his or her sub-consultants, and other supporting jurisdictions
and/or agencies. This partnering relationship shall begin at the Pre-Design Meeting and
continue for the duration of this Contract. By engaging in partnering, the parties do not
intend to create a legal partnership, to create additional contractual relationships, or to in
any way alter the legal relationship which otherwise exists between the City and the
Engineer. The partnering effort shall be structured to draw on the strengths of each
organization to identify and achieve reciprocal goals. The objectives of partnering are
effective and efficient contract performance and completion of the Project within budget,
on schedule, in accordance with the Scope of Services, and without litigation. Participation
in partnering shall be totally voluntary and all participants shall have equal status.
9. Disputes. The City Engineer shall act as referee in all disputes under the terms of this
Contract between the Parties hereto. In the event the City Engineer and the Engineer are
unable to reach acceptable resolution of disputes concerning the Scope of Services to be
performed under this Contract, the City and the Engineer shall negotiate in good faith
toward resolving such disputes. The City Engineer may present unresolved disputes
arising under the terms of this Contract to the City Manager or designee. The decision of
the City Manager or designee shall be final and binding. An irreconcilable or unresolved
dispute shall be considered a violation or breach of contract terms by the Engineer and
shall be grounds for termination. Any increased cost incurred by the City arising from such
termination shall be paid by the Engineer.
10. Engineer's Seal. The Engineer shall place his Texas Professional Engineers seal on all
engineering documents and engineering data prepared under the supervision of the
Engineer in the performance of this Contract.
11. Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall
not constitute nor be deemed a release of the responsibility and liability of Engineer, its
employees, subcontractors, agents and consultants for the accuracy and competency of
their designs, working drawings, tracings, magnetic media and/or computer disks,
estimates, specifications, investigations, studies or other documents and work; nor shall
such approval be deemed to be an assumption of such responsibility by the City for any
Page 6
defect, error or omission in the design, working drawings, tracings, magnetic media and/or
computer disks, estimates specifications, investigations, studies or other documents
prepared by Engineer, its employees, subcontractors, agents and consultants. Engineer
shall indemnify City for damages resulting from such defects, errors or omissions and
shall secure, pay for and maintain in force during the term of this Contract sufficient errors
and omissions insurance in the amount of $250,000.00 single limit, with certificates
evidencing such coverage to be provided to the City. The redesign of any defective work
shall be the sole responsibility and expense of the Engineer. Any work constructed, found
to be in error because of the Engineer's design, shall be removed, replaced, corrected or
otherwise resolved at the sole responsibility and expense of the Engineer. The parties
further agree that this liability provision shall meet the requirements of the express
negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this
provision is conspicuous.
12. Indemnification. Engineer shall indemnify, hold harmless and defend the City of
Coppell, its officers, agents and employees from any loss, damage, liability or expense,
including attorney fees, on account of damage to property and injuries, including death, to
all persons, including employees of Engineer or any associate consultant, which may arise
from any errors, omissions or negligent act on the part of Engineer, its employees, agents,
consultants or subcontractors, in performance of this Contract, or any breach of any
obligation under this Contract. It is further understood that it is not the intention of the
parties hereto to create liability for the benefit of third parties, but that this agreement shall
be solely for the benefit of the parties hereto and shall not create or grant any rights,
contractual or otherwise to any person or entity. The parties further agree that this
indemnification provision shall meet the requirements of the express negligence rule
adopted by the Texas Supreme Court and hereby specifically agree that this provision is
conspicuous.
13. Delays and Failure to Perform. Engineer understands and agrees that time is of the
essence and that any failure of the Engineer to complete the Services of this Contract
within the agreed Project Schedule shall constitute material breach of this Contract. The
Engineer shall be fully responsible for its delays or for failures to use diligent effort in
accordance with the terms of this Contract. Where damage is caused to the City due to the
Engineer's failure to perform in these circumstances, the City may withhold, to the extent
of such damage, Engineer's payments hereunder without waiver of any of City's
additional legal rights or remedies. The Engineer shall not be responsible for delays
associated with review periods by the City in excess of the agreed Project Schedule.
14. Termination of Contract. It is agreed that the City or the Engineer may cancel or
terminate this Contract for convenience upon fifteen (15) days written notice to the other.
Immediately upon receipt of notice of such cancellation from either party to the other, all
Services being performed under this Contract shall immediately cease. Pending final
determination at the end of such fifteen-day period, the Engineer shall be compensated on
Page 7
the basis of the percentage of Services provided prior to the receipt of notice of such
termination and indicated in the final Design Progress Report submitted by the Engineer
and approved by the City.
15. Personnel Qualifications. Engineer warrants to the City that all Services provided by
Engineer in the performance of this Contract shall be provided by personnel who are
appropriately licensed or certified as required by law, and who are competent and qualified
in their respective trades or professions.
16. Quality Control. The Engineer agrees to maintain written quality control procedures.
The Engineer further agrees to follow those procedures to the extent that, in the
Engineer's judgment, the procedures are appropriate under the circumstances.
17. Ownership. All Engineer's designs and work product under this Contract, including but
not limited to tracings, drawings, electronic or magnetic media and/or computer disks,
estimates, specifications, investigations, studies and other documents, completed or
partially completed, shall be the property of the City to be used as City desires, without
restriction; and Engineer specifically waives and releases any proprietary rights or
ownership claims therein and is relieved of liability connected with any future use by City.
Copies may be retained by Engineer. Engineer shall be liable to City for any loss or
damage to such documents while they are in the possession of or while being worked upon
by the Engineer or anyone connected with the Engineer, including agents, employees,
consultants or subcontractors. All documents so lost or damaged while they are in the
possession of or while being worked upon by the Engineer shall be replaced or restored by
Engineer without cost to the City.
18. Project Records and Right to Audit. The Engineer shall keep, retain and safeguard all
records relating to this Contract or work performed hereunder for a minimum period of
three (3) years following the Project completion, with full access allowed to authorized
representatives of the City upon request for purposes of evaluating compliance with
provisions of this Contract. Should the City Engineer determine it necessary, Engineer
shall make all its records and books related to this Contract available to City for inspection
and auditing purposes.
19. Non-Discrimination. As a condition of this Contract, the Engineer shall take all necessary
action to ensure that, in connection with any work under this Contract it shall not
discriminate in the treatment or employment of any individual or groups of individuals on
the grounds of race, color, religion, national origin, age, sex or physical impairment
unrelated to experience, qualifications or job performance, either directly, indirectly or
through contractual or other arrangements.
20. Gratuities. City of Coppell policy mandates that employees shall never, under any
circumstances, seek or accept, directly or indirectly from any individual doing or seeking
Page 8
to do business with the City of Coppell, loans, services, payments, entertainment, trips,
money in any amount, or gifts of any kind.
21. No Waiver. No action or failure to act on the part of either Party at any time to exercise
any rights or remedies pursuant to this Contract shall be a waiver on the part of that Party
of any of its rights or remedies at law or contract.
22. Compliance with Laws. The Engineer shall comply with all Federal, State and local
laws, statutes, City Ordinances, rules and regulations, and the orders and decrees of any
courts, or administrative bodies or tribunal in any matter affecting the performance of this
Contract, including without limitation, worker's compensation laws, minimum and
maximum salary and wage statutes and regulations, and licensing laws and regulations.
When required, Engineer shall furnish the City with satisfactory proof of compliance
therewith.
23. Severability. In case one or more of the provisions contained in this Contract shall for any
reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions hereof and this Contract shall be
construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
24. Venue. With respect to any and all litigation or claims, the laws of the State of Texas shall
apply and venue shall reside in Dallas County.
25. Prior Negotiations. This Contract supersedes any and all prior understandings and
agreement by and between the Parties with respect to the terms of this Contract and the
negotiations preceding execution of this Contract.
26. Contacts. The Engineer shall direct all inquiries from any third party regarding
information relating to this Contract to the City Engineer.
Page 9
27. Notification. All notices to either Party by the other required under this Contract shall be
delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such
Party at the following respective addresses:
City: City of Coppell, Texas
______________________
______________________
______________________
______________________
Engineer: _______________________
_______________________
_______________________
_______________________
IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these
presents to be executed by duly authorized representatives on the day and year set forth above.
THE CITY OF COPPELL ENGINEER:___________________
BY: BY:
______________________ ______________________________
City Manager Name & Title
Date: __________________ Date:_________________________
ATTEST: ATTEST:
_______________________ ______________________________
(CORPORATE SEAL)
Page 10
ATTACHMENT “A”
DESIGN PHASE SERVICES
The project consists of the final design and preparation of plans and specifications for the new
spillway at the North Lake Dam to lower the uncontrolled spillway level from the current 510 to
elevation 485. Primary components of the constructed project will consist of:
1. Drop inlet box approximately 10 x 10 x 10.
2. Approximately 500 to 600 LF of 5’ x 5’ reinforced concrete conduit, either placed in a
cut and cover procedure or tunneled.
3. Reinforced concrete headwall for the outlet of the pipe and transition to the existing chute
and stilling basin.
4. Associated grading and erosion protection such as rock riprap and grassing.
5. Removal of appropriate portions of the existing spillway.
The design will be based on mapping information and services provided by others.
Environmental permitting will be covered under a separate agreement. Efforts will include
project management and monthly status reports will be provided.
1. Gather and review existing information that may be available or provided, including:
a. Geotechnical and geologic data and mapping
b. Available mapping
c. Soils reports for the watershed
d. Texas Commission on Environmental Quality (TCEQ) dam safety rules and
regulations
2. Visit the project site to familiarize the project team with the dam and surrounding area.
3. Perform additional geotechnical investigations at the dam, with up to 4 borings, as shown
in the attached Figure “A”, which would include one at the inlet, two along the pipeline
alignment, and one for the outlet structure. Lengths will vary from 35 to 70 feet.
a. Subcontract with a drilling contractor to drill the borings at the proposed locations.
The borings will be drilled with either continuous flight or hollow-stem augers.
Obtain soil samples for laboratory testing using thin-walled sampler tubes in fine-
grained soils, perform Standard Penetration Tests in coarse-grained soils to obtain
samples and perform cone penetrometer tests on rock in the field. Backfill borings
with cement-bentonite grout and plug the upper foot of each boring with concrete
sack mix to prevent a tripping hazard.
b. Provide an engineer or geologist experienced in logging borings to direct the drilling,
log the borings, record the blow counts from the cone penetrometer tests and handle
the samples.
c. Select samples for laboratory testing, assign tests, deliver samples to a subcontract
laboratory selected by FNI, and review test results. Tests expected include
Page 11
classification tests (liquid and plastic limits and percent passing the #200 Sieve), unit
dry weight/moisture contents and strength tests (unconfined compression tests,
unconsolidated-undrained tests and CU triaxial tests).
4. Update the hydrologic hydraulic analyses from the preliminary phase for flood routing
and spillway sizing according to TCEQ requirements given the final alignment and
configuration.
5. Perform analyses to demonstrate adequate safety factors as required by TCEQ for the
following conditions:
a. Excavation slope stability
1. During construction (interim condition)
b. Appurtenant structural stability of principal spillway and outlet works
6. Develop 30% design level plans and technical specifications for the structure.
7. Prepare a 30% design level estimate of probable construction cost for the structure.
8. Coordinate with the design efforts of other improvements on the property, including the
attendance at up to four project meetings with the project team and/or Owner.
9. Provide drawings and information to the City of Dallas for their review and approval.
Any fees for City permitting will be paid by the City of Coppell.
10. Develop 95% design level plans, specifications, and contract documents for the structure.
Furnish OWNER three (3) copies of drawings and technical specifications, and bid
documents marked "Preliminary" for approval by OWNER. Upon final approval by
OWNER, FNI will provide OWNER ten (10) sets of Final plans and specifications to the
OWNER for use in the bidding process.
11. Prepare a submittal package for the improvements for the TCEQ. The submittal package
will include: a) the final plans and specifications, b) a design report addressing the
investigations, methodologies, and assumptions in developing the design, and c) any
application forms required by the TCEQ. Address review comments by the TCEQ, as
necessary, to obtain approvals.
12. Prepare an opinion of probable construction cost for the improvements.
13. Upon completion of the design services and approval of final drawings and contract
documents by OWNER, FNI will assist OWNER in securing bids. The cost for notifying
construction news publications and publishing appropriate legal notice publications shall
be paid by OWNER. OWNER will be responsible for obtaining, coordinating, and
negotiating bids.
a. Assist Owner by responding to questions and interpreting bid documents. Prepare
and issue addenda to the bid documents to plan holders if necessary.
b. At OWNER request, FNI will assist OWNER in reviewing the qualifications
provided by the apparent low bidder to determine if, based on the information
available, they appear to be qualified to construct the project. Recommend award of
contracts or other actions as appropriate to be taken by OWNER. Pre-qualification of
all prospective bidders and issuing a list of eligible bidders prior to the bid opening is
an additional service.
c. Assist OWNER in the preparation of Construction Contract Documents. Provide 10
sets of Construction Contract Documents which include information from the
Page 12
selected contractor, bid documents, legal documents, and addenda bound in the
documents for execution by the OWNER and construction contractor. Distribute five
(5) copies of these documents to the contractor with a notice of award that includes
directions for the execution of these documents by the construction contractor.
Provide OWNER with the remaining five (5) copies of these documents for use
during construction.
CONSTRUCTION PHASE SERVICES
Upon completion of the negotiation phase services, FNI will proceed with the performance of
construction phase services as described below. FNI will endeavor to protect OWNER in
providing these services however, it is understood that FNI does not guarantee the Contractor’s
performance, nor is FNI responsible for supervision of the Contractor’s operation and
employees. FNI shall not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the Contractor, or any safety precautions and programs
relating in any way to the condition of the premises, the work of the Contractor or any
Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its
own employees or agents) at the Project site or otherwise performing any of the work of the
Project.
These services are based on the use of FNI standard General Conditions for construction
projects. Modifications to these services required by use of other general conditions or contract
administration procedures would be an additional service. If general conditions other than FNI
standards are used, the OWNER agrees to include provisions in the construction contract
documents that will require the construction contractor to include FNI on this project to be listed
as an additional insured on contractor’s insurance policies.
1. Upon request of the OWNER, furnish the services of a Resident Project
Representative to act as OWNER’s on-site representative during the Construction Phase.
The Resident Project Representative will act as directed by FNI in order to provide more
extensive representation at the Project site during the Construction Phase. Through more
extensive on-site observations of the work in progress and field checks of materials and
equipment by the Resident Project Representative and assistants, FNI shall endeavor to
provide further protection for OWNER against defects and deficiencies in the work. The
compensation associated with providing a Resident Project Representative is not included
in this authorization and will be negotiated in a separate contract amendment.
2. Assist OWNER in conducting pre-construction conference(s) with the Contractor(s),
review construction schedules prepared by the Contractor(s) pursuant to the requirements
of the construction contract, and prepare a proposed estimate of monthly cash requirements
of the Project from information provided by the Construction Contractor.
3. Establish communication procedures with the OWNER and contractor. Submit
(insert frequency; i.e. monthly, bi-monthly, quarterly, etc.) reports of construction progress.
Reports will describe construction progress in general terms and summarize project costs,
cash flow, construction schedule and pending and approved contract modifications.
Page 13
4. Establish and maintain a project documentation system consistent with the
requirements of the construction contract documents. Monitor the processing of
contractor’s submittals and provide for filing and retrieval of project documentation.
Produce monthly reports indicating the status of all submittals in the review process.
Review contractor’s submittals, including, requests for information, modification requests,
shop drawings, schedules, and other submittals in accordance with the requirements of the
construction contract documents for the projects. Monitor the progress of the contractor in
sending and processing submittals to see that documentation is being processed in
accordance with schedules.
5. Based on FNI’s observations as an experienced and qualified design professional and
review of the Payment Requests and supporting documentation submitted by Contractor,
determine the amount that FNI recommends Contractor be paid on monthly and final
estimates, pursuant to the General Conditions of the Construction Contract.
6. Make up to twelve (12) visits appropriate to the stage of construction to the site (as
distinguished from the continuous services of a Resident Project Representative) to observe
the progress and the quality of work and to attempt to determine in general if the work is
proceeding in accordance with the Construction Contract Documents. In this effort FNI
will endeavor to protect the OWNER against defects and deficiencies in the work of
Contractors and will report any observed deficiencies to OWNER. The number of site
visits for projects will be included in the Task Authorizations. Visits to the site in excess
of the specified number are an additional service.
7. Notify the contractor of non-conforming work observed on site visits. Review quality
related documents provided by the contractor such as test reports, equipment installation
reports or other documentation required by the Construction contract documents.
8. Coordinate the work of testing laboratories and inspection bureaus required for the
testing or inspection of materials, witnessed tests, factory testing, etc. for quality control of
the Project. The cost of such quality control shall be paid by OWNER and is not included
in the services to be performed by FNI.
9. Interpret the drawings and specifications for OWNER and Contractor(s).
Investigations, analyses, and studies requested by the Contractor(s) and approved by
OWNER, for substitutions of equipment and/or materials or deviations from the drawings
and specifications is an additional service.
10. Establish procedures for administering constructive changes to the construction
contracts. Process contract modifications and negotiate with the contractor on behalf of the
OWNER to determine the cost and time impacts of these changes. Prepare change order
documentation for approved changes for execution by the OWNER. Documentation of
field orders, where cost to OWNER is not impacted, will also be prepared. Investigations,
analyses, studies or design for substitutions of equipment or materials, corrections of
defective or deficient work of the contractor or other deviations from the construction
contract documents requested by the contractor and approved by the Owner are an
additional service. Substitutions of materials or equipment or design modifications
requested by the OWNER are an additional service.
11. Prepare documentation for contract modifications required to implement
modifications in the design of the project. Make recommendations to the OWNER on the
Page 14
merit and value of the claim on the basis of information submitted by the contractor or
available in project documentation.
12. Assist in the transfer of and acceptance by the construction contractor of any Owner
furnished equipment or materials.
13. Conduct, in company with OWNER’s representative, a final review of the Project for
conformance with the design concept of the Project and general compliance with the
Construction Contract Documents. Prepare a list of deficiencies to be corrected by the
contractor before recommendation of final payment. Assist the City in obtaining legal
releases, permits, warranties, spare parts, and keys from the contractor. Review and
comment on the certificate of completion and the recommendation for final payment to the
Contractor(s). Visiting the site to review completed work in excess of two trips are an
additional service.
14. Revise the construction drawings in accordance with the information furnished by
construction Contractor(s) reflecting changes in the Project made during construction.
Two (2) sets of prints of "Record Drawings" shall be provided by FNI to OWNER.
ARTICLE II
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by
OWNER, which are not included in the above described basic services, are described as follows:
1. Preparation of CLOMR and LOMR permit applications are assumed to be performed by
the developer but can be performed as an additional service, if needed.
2. Investigations of existing conditions or facilities, or to make measured drawings thereof,
or to verify the accuracy of drawings or other information furnished by OWNER.
3. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration,
dispute review boards, or other legal and/or administrative proceedings in the defense or
prosecution of claims disputes with Contractor(s).
4. Performing investigations, studies and analyses of substitutions of equipment and/or
materials or deviations from the drawings and specifications.
5. Assisting OWNER in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this AGREEMENT. Such services, if any,
shall be furnished by FNI on a fee basis negotiated by the respective parties outside of
and in addition to this AGREEMENT.
6. Assisting the OWNER with any hearings or public meetings that may be needed as part
of the dam safety permitting process.
7. Providing environmental support services including the design and implementation of
ecological baseline studies, environmental monitoring, impact assessment and analyses,
permitting assistance, and other assistance required to address environmental issues.
8. Performing investigations, studies, and analysis of work proposed by construction
contractors to correct defective work.
9. Design, contract modifications, studies or analysis required to comply with local, State,
Federal or other regulatory agencies that become effective after the date of this
Page 15
agreement.
10. Services required to resolve bid protests or to rebid the projects for any reason.
11. Visits to the site in excess of the number of trips included in Article I for periodic site
visits, coordination meetings, or contract completion activities.
12. Any services required as a result of default of the contractor(s) or the failure, for any
reason, of the contractor(s) to complete the work within the contract time.
13. Providing services after the completion of the construction phase not specifically listed in
Article I.
14. Providing basic or additional services on a time schedule accelerated from that stipulated
in Article III.
15. Providing services made necessary because of unforeseen, concealed, or differing site
conditions or due to the presence of hazardous substances in any form that could not have
reasonably been anticipated by FNI.
16. Providing services to review, evaluate, or negotiate a settlement of a construction
contractor(s) claim(s), provided said claims are supported by causes not within the
control of FNI.
17. Providing value engineering studies or reviews of cost savings proposed by construction
contractors after bids have been submitted.
18. Provide follow-up professional services during Contractor’s warranty period for issues
not related to the design services provided by FNI.
ARTICLE III
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon
execution of this AGREEMENT and agrees to complete the services in accordance with the
following schedule:
Phase 1 – Design: 30% design documents are to be submitted within 120 days from date of
execution of this contract. 95% design submittals are to be submitted for review within 90 days
of receipt of comments on the 30% set. Negotiation phase services will be based on the Owner’s
schedule. The EAP and O&M manual will be completed prior to submittal of the design package
to TCEQ.
Phase 2 – Construction: Schedule is to be based on the construction schedule negotiated with the
Contractor.
If FNI’s services are delayed or extended through no fault of FNI, FNI shall be entitled to adjust
contract schedule consistent with the number of days of delay. These delays may include but are
not limited to delays in OWNER or regulatory reviews, delays on the flow of information to be
provided to FNI, governmental approvals, etc. These delays may result in an adjustment to
compensation as outlined on the face of this AGREEMENT.
ARTICLE IV
Page 16
COMPENSATION: Compensation to FNI for the Basic Services, Design Phase, shall be the
lump sum of $159,800 for the design and $34,000 for the geotechnical exploration (task 3), for a
total of $193,800. Construction Phase services shall be added by addendum. If FNI sees the
Scope of Services changing so that additional services are needed, including but not limited to
those services described as Additional Services, FNI will notify OWNER for OWNER’s
approval before proceeding. Additional Services shall be computed based on a negotiated lump
sum.
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Professional Services Agreement:
Communications Consultation
City of Coppell, Texas
and
Hahn, Texas
TexHahn Media, Inc. dba Hahn, Texas (“Agency”) proposes to serve as communications consultant to City
of Coppell (“Client”)
according to the following terms:
1. Duties.
As consultant, Hahn, Texas will assist the Client by providing communication expertise and support as
directed by the Client. This may include collecting, assessing, developing and disseminating information
or materials related to current or prospective business matters. Specific items
1.1. Develop and implement a qualitative research program to review and assess the
community’s brand positioning and equity, including existing brand elements and
community assets, data and information resources, and media profile, and conducting
interviews with key communicators and stakeholders and focus group research with
representative audiences.
1.2 Identify, evaluate and recommend strategies that will assist the Client in effectively
communicating with internal and external audiences in order to help meet its business
goals.
1.3 Develop materials to summarize and present the findings of research, such as media
releases, position documents, background materials, reports, illustrative or photographic
representations, or statistical information.
1.4 Produce activity reports and attend meetings as directed by the Client.
1.5 Conduct such other activities related to communications as the Client directs and
within agreed terms for time and resource allotments.
2. Terms.
This agreement shall commence on April 24, 2012 and shall continue in effect for until either party
terminates with a written 30 day notice. In addition, Agency may terminate this agreement immediately
on written notice to Client for cause, including (a) failure of Client to comply timely with any obligation of
Client hereunder, and (b) circumstances reasonably leading Agency to believe that Client may not comply
(or may not be able to comply) timely with any of its obligations hereunder.
3. Responsibility, Indemnity.
It is understood that the Agency cannot undertake to verify facts supplied to it or approved by or on behalf
of the Client, and that the Agency must rely on information and facts furnished or approved by the Client.
The Client hereby represents and warrants to, and covenants with, the Agency that all information
(including without limitation statements, reports, data, and releases) furnished by the Client to the Agency
or approved by the Client for use by the Agency will be true, correct and complete in all material respects.
The Client hereby agrees to defend, indemnify and hold harmless the Agency, its owners, directors,
officers, employees and agents (the “indemnified parties”) from and against any and all claims, losses,
damages, costs, expenses (including attorneys fees), liabilities, fines and penalties arising out of or related
to any breach by the Client of its obligations hereunder, including without limitation its obligations in this
paragraph 3. The Client shall notify the Agency immediately in writing if it becomes aware of any
inaccuracy or omission in any information furnished or approved by the Client.
4. Compensation.
In return for authorized professional services, the Client agrees to pay Hahn, Texas according to the rates
listed below, with a total project cost not to exceed $55,500. For all projects involving creative or third-
party research services, a cost proposal (or project estimate) with a fifteen percent contingency will be
prepared for the Client’s approval, and costs will be billed at the following rates:
Hourly Rate Schedule
Account Service – Principal Level $250.00
Strategic Planning $200.00
Account Service – Vice President $200.00
Account Service – Director $180.00
Account Service – Sr. Account Executive $160.00
Account Service – Account Executive Level $140.00
Account Service – Account Coordinator Level $110.00
Account Service – Research $110.00
Account Service – Administrative $50.00
Creative or Media Buying Services $150.00
Web Development $150.00
Travel Rate $50.00
5. Expenses.
The Client agrees to reimburse the Agency for all supplies and out-of-pocket expenses for production,
research, advertising media and purchased goods necessary to complete the scope of work at net cost plus
the industry standard markup of 17.65%. All miscellaneous expenses (travel, postage, deliveries, shipping,
copies, telephone, etc.) will be billed at net cost.
Invoices for fees and related expenses will be submitted monthly on or about the tenth of each month. A
penalty of one and a half percent will be added for failure to remit payment by the tenth of the following
month.
6. Confidentiality.
The Agency acknowledges a duty of confidentiality owed to the Client. Except as specifically authorized in
advance by the Client, the Agency shall not use, divulge, furnish or make accessible to anyone, or use for its
own benefit or for the benefit of others, any confidential information (defined below) in any form obtained
or received by it under or in connection with this Agreement, relating to proposed technology, products,
services, customers, markets, plans and strategies or business, generally, except information which
through no fault of the Agency is or becomes generally known. The Agency acknowledges and agrees that
all confidential information is and shall remain the exclusive and valuable property of the Client.
Confidential information shall mean any information of a confidential and/or proprietary nature, including
but not limited to, information relating to the current or proposed business plans of the Client. Exceptions
apply related to information which is currently available to the public or which becomes available through
no wrongful act of the Agency; information which has been published and distributed publicly prior to the
date hereof; information which has been drafted and received Client approval for the purpose of
dissemination by the Agency within the scope of services the Agency provides to the Client.
7. Miscellaneous.
7.1 This agreement shall be governed by the laws of the State of Texas.
7.2 In the event any provision of this Agreement is found to be legally invalid or
unenforceable for any reason, all remaining provisions of this Agreement will remain in
full force and effect, unless the invalid or unenforceable provision is material or essential
to the Agreement or intent of the parties.
7.3 Hahn, Texas (d.b.a.) is registered as TexHahn Media, Incorporated, a Texas
Corporation, with headquarters at 1105 North Lamar, Austin, Texas, 78703.
7.4 During the time of this agreement is in effect, and for a period of one year after date,
client will not, without the express written consent of the agency, individually or on the
behalf of any other person, corporation, firm or other entity, solicit or encourage any
employee of the agency to terminate his or her employment with the agency.
7.5 Client understands that employees of agency may receive promotions during contract
period. Client agrees that the hourly rate for a promoted employee will change at the time
of promotion.
7.6 Agreement shall include terms and conditions as set forth in RFP# and the Agency’s
proposal. See Attachment A for proposal.
8. Authorization.
The undersigned have executed this agreement as of the date indicated along with the authorized
signature, by the Client.
City of Coppell, Texas representative:
____________________________________ Name
____________________________________ Title
____________________________________ Date
Hahn, Texas d.b.a. (a Texas corporation registered as TexHahn Media, Inc.) authorized signature:
___________________________________
Jeff Hahn, President
Prepared by
March 27, 2012
Brand Equity MEasurEMEnt
ProPosal
for
City of Coppell
RFP No. 0112
Attachment A
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
March 27, 2012
Jerod Anderson, Purchasing Manager
Coppell Town Center
255 Parkway Blvd.
Coppell, TX 75019
Dear Mr. Anderson and the City of Coppell evaluation committee:
Thank you for the opportunity to propose communications services to the City of Coppell. All of us at Hahn, Texas
relish the idea of helping your community in the process of defining its brand and promoting your presence within
the Dallas Fort Worth market.
Our team brings 38 years of experience talking to Texans — whether they are tourists, employers, developers,
companies, citizens, consumers or legislators. It is precisely what we do best. We have extensive experience
conducting branding, research, marketing and other communications work for government entities and in
economic development initiatives, whether working directly with municipalities or private interests.
Without exception, you can be confident we will exceed your expectations for this communications initiative. We
believe Hahn, Texas can be an exceptional strategic partner to the Coppell community for the following reasons:
• The City of Coppell will have senior professionals continuously involved in the effort;
• Our team brings an outside perspective that won’t be swayed by preconceived notions of Coppell
or biased by a relationship with a more vocal stakeholder;
• Our goal is to uncover a view of the current brand using proven methodology that will help create
a unique position for the Coppell area, not a position that could be adopted in Anywhere, USA;
• Hahn, Texas is uniquely qualified in the practice areas you identify as important to your success, and
we have provided stellar communication services to similar organizations, including municipalities,
chambers of commerce, state and local agencies and major corporations;
We invite you to take a closer look at our experience in the enclosed proposal. We believe our past partnerships in
economic development and destination marketing with Texas Economic Development, the Greater Austin Chamber
of Commerce, the Round Rock CVB and the Texas cities of Benbrook, Garland, Elgin, San Marcos and Waco can ben-
efit Coppell. Our hope is that you will conclude that no other firm can bring the combined capabilities, client
references and authentic interest in serving your city in this effort.
Thank you again for your consideration. Please contact us if you have any additional questions. Until then, we have
our fingers crossed you will consider our team the right match for this important initiative for the City of Coppell.
Sincerely,
Jeff Hahn
President
(512) 344-2017
jhahn@hahntexas.com
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
Table of Contents
Introduction .......................................1
Description of the Firm ..............................2
• In-house Capabilities ..........................3
• Partner Firm .................................4
Team Bios ........................................6
Our Experience ....................................9
• Research Case Studies ......................10
• Comparable Market Experience ...............13
References .......................................16
Work Plan ........................................17
• Proposed Timeline ...........................21
• Proposed Cost ...............................22
Appendix A
• Disclosure of Principals
• Conflict of Interest and litigation
• Warranties
• Form CIQ
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
INTRODUCTION p1
INTRODUCTION
Any community — as a physical place and social and cultural space where people live, work, learn,
and play — has a brand, regardless of whether that community has ever really thought about its
image and identity. Effective community marketing requires that the brand be discovered, distilled,
made real and visible in an authentic way, and exposed to the audiences who need to hear the story
of what that place is known for, and how it is like no other.
From our experience working with communities all over Texas, we are impressed at how well Coppell
has gone through that discovery process as part of its community visioning and comprehensive
planning. When we work on full-spectrum branding and marketing initiatives, we always start with a
research and discovery phase that incorporates significant elements of brand equity assessment.
We are pleased that Coppell values this dimension of market research enough to make it a specific
project in its own right, and we are pleased to provide this proposal for services from Hahn, Texas
and Customer Research International.
Hahn, Texas’s branding and marketing practice has delivered insights, tools and strategies for
communities both like Coppell and near Coppell, as well as other Texas cities large and small,
government agencies, civic events and master-planned communities. We’ve focused on attracting
employers, visitors, investors and residents as well as on fostering existing community spirit,
depending on the needs of the community. All of this work has had at its foundation careful and
extensive research using a variety of methodologies, both quantitative and qualitative. Our research
toolbox includes:
• Metaresearch and analysis of existing primary and secondary data about community
demographics, economics and culture;
• Detailed inventory and auditing of existing brand expressions and owned media;
• Coverage analysis (content, sentiment, tone) of the community’s profile in external
print, broadcast and social media;
• Market segmentation and stakeholder and audience analysis and mapping;
• In-depth structured interviews with key stakeholders and influencers;
• Focus group research with representative audiences;
• Awareness, behavior and perception surveys in appropriate formats
(telephone, online, mail, or intercept);
• Benchmarking analysis of peer and competitor communities.
The scope of work we propose is designed to provide the answers Coppell wants to the questions
it raises, as well as to provide guidance that the community can use to implement whatever brand
enhancements or expressions it feels necessary to achieve its ultimate goals. We look forward to
the opportunity to partner with Coppell and provide the information and insights that will drive the
best decisions.
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
DESCRIPTION OF THE FIRM p2
DesCRIPTION OF The FIRm
About hahn, Texas
For 38 years, Hahn, Texas has supported the growth and prosperity of our clients as they serve
people and do business across the state of Texas and throughout the country. Our name reflects our
widespread connection to the market we love to serve most – Texas, whether that’s North, South,
East, West or Central.
As our firm continues to grow, our core purpose remains the same:
We connect our clients with the stakeholders they most want to reach.
We like to say that we connect what belongs together.
This is symbolized by the comma in our brand. We believe the comma is a small giant. It has
the power to connect one to another, few to many, ideas to opinions and perceptions to reality.
A comma creates belonging. And like the comma, we are a small giant ready to help you make a big
connection between:
• Identity, Reputation
• Promise, Proof
• People, Places
• Opinion, Influence
• Information, Ideas
• You, Your Fans
We have served clients in industries from education to environment, retail to real estate, nonprofits
to national corporations, and it is the work we do in the public sphere that gets our hearts racing.
With 20 employees and nearly a dozen partner agencies around the state, our firm continues to be
one of the best in Texas.
Representative Client List
American Beverage Association
Austin Independent School District
Bluebonnet Trails Community Services
Capital Metro Transportation Authority
Catellus/Mueller Airport Redevelopment
Central Health
City of Austin Airport Boulevard
City of Austin Strategic Mobility Plan
City of Benbrook
City of Garland
City of Waco
Dwyer Realty
Educate Texas
Formula One/Circuit of The Americas
Greater San Marcos Partnership
Hays County/Road Bond Program
Heart O’ Texas Fair and Rodeo
LIVESTRONG Austin Marathon
Lone Star Rail District
Lower Colorado River Authority
Pirkey Barber LLP
Redleaf Properties
Scott & White Healthcare
Seton Healthcare Family
Texas Association of Community
Health Centers
Texas Gas Service
Texas Historical Commission
Texas State University System
Thomas Properties Group
Travis County Parks
The University of Texas System
Whole Foods Market
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
DESCRIPTION OF THE FIRM p3
In-house Capabilities
in-house implementation insight
Team Approach Surveys
Open Collaboration Focus Groups
Milestone Mapping Language Analysis
Integrated Project Management Market Trends
Analysis & Evaluation Communication Audits
Delivering More Than Expected
Brand Positioning stakeholder involvement
Strategy & Positioning Community Relations
Identity Informed Consent
Value Proposition Creation Opinion Leader Research
Persuasive Words Local Governments
Newsmaking Ideas Public Participation
Rollout Endorsements
Hispanic Outreach & Marketing
Corporate Communications Media relations
Workplace Communications Message Training
Financial & Analyst Communications Earned Media Placement
Issues Management Editorial & Opinion
Crisis Communications Coverage Monitoring & Analysis
Presentations Advertorials
Facilitation & Change Management
storytelling, Writing, Editing social Media
White Papers Website & Microsite Development
Creative Copy Podcasts & Vodcasts
Editorial Content Web 2.0 Integration
Web Content Online Video Production
Speeches HTML Email Campaigns
Collateral Text
H,tX Productions
Short Story & Broadcast-ready Video
Event Planning
Advertising & Direct Mail
Brochures & Collateral
Presentations
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
DESCRIPTION OF THE FIRM p4
Partner Firm
Customer Research International (CRI)
From a focus group of 10 people to a telephone survey of 10,000 to any number of mixed-mode
methodologies, the CRI team brings specialized skills and backgrounds to formulating research
solutions. They accomplish this with a strategic mindset to assure an integrated communication
platform that builds on itself well into the future.
CRI is backed by a staff of managers, programmers and supervisors who oversee 200 professionally-
trained interviewers, including a full complement of bilingual interviewers.
Clients
CRI is a HUB-certified, full-service marketing research firm located in the Austin-San Marcos, TX
metropolitan area. CRI was established in 1994 and has conducted over a thousand survey projects
for a wide range of clients, including state and municipal entities, media, retail, high tech, political
polling and more.
CRI Services
Quantitative Services
CRI’s 100-station phone center in San Marcos, TX is a fully-networked Computer-Assisted Telephone
Interviewing (CATI) operation. All studies are programmed into the system to allow for seamless
questionnaire deployment, sample management, quota management, interviewer monitoring and
expedited data delivery. CRI never outsources its telephone studies, maintaining complete quality
control over both English and Spanish interviewing, which is especially important for tracking
studies. Quantitative methodologies include:
• Telephone Perceptual Studies (Awareness, Trial, Usage and Attitude)
• Multi-wave Telephone Tracking
• Telephone Recruit-to-Web
• Political Polling
• Focus Group recruiting
• Mail Surveys
• Online Studies
• Intercepts, Exit Interviews and Mystery Shopping
Qualitative Services
CRI designs, moderates and analyzes all Qualitative studies. In the case of focus groups, CRI
contracts with local facilities with a one-way mirror, audio/video and database recruiting. However,
CRI has the ability to conduct “remote location” focus groups in areas where there are no facilities.
CRI’s complete array of qualitative capabilities includes:
• Focus Groups (10-12 respondents, 2 hours)
• Mini Groups (6-8 respondents, 2 hours)
• Mini Labs (4-6 respondents, 1 hour — for specialized product/marketing tests)
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
DESCRIPTION OF THE FIRM p5
• One On One’s (Individual Depth Interviews)
• Telephone Depth Interviewing
• Ethnographic/Observational Research
Specialty Services
CRI has also developed a Hybrid Usability Testing Program for web sites that includes an online
usability questionnaire and a usability lab that combines one-on-one interviewing with technology
that records on-screen activity with simultaneous picture-in-picture video of the respondent. The
latter provides an ethnographic study of online behavior. This methodology is also useful for
software and kiosk interfaces.
CRI Analytics
CRI has dedicated itself to the concept of Enterprise Feedback Management (EFM), assuring
consistency across methodologies and analyses. The research analytics team is headed by Dr. Dave
Roberts, who has designed, moderated, and analyzed over 4,000 focus groups and over a thousand
telephone studies, mail surveys, online studies, usability studies and more.
The study design, questionnaire and sampling schemes are all developed to meet the requirements
of the intended analyses. CRI’s analysis toolbox includes SPSS, StatPac Professional and Survey
System. Specific analyses used for both qualitative and quantitative methods include:
• Descriptive statistics — variables are analyzed to assure they meet
the requirements for parametric and non-parametric procedures.
• Banner crosstab analysis with statistical significance tests
(e.g., among percentages, means).
• Regression analysis (multiple, probit, logit, and discriminant analysis)
for prediction, discreet choice modeling and conjoint modeling.
• Factor analysis for data reduction, identifying latent structure and
addressing collinearity issues.
• Cluster analysis — both hierarchal and non-hierarchal clustering
procedures for market segmentation.
Reporting and Presentation
CRI research reports are designed to present data in a way that promotes an understanding of the
client’s market, customers and other stakeholders to facilitate informed decision making. Graphical
representations are designed to better understand how responses differ among meaningful groups.
They are always mindful of the intended audience of our reports and strive to make them easily
understood while providing actionable, data-based recommendations. CRI strives to present
findings in person to allow the client the opportunity to ask questions, clarify issues and/or request
further analyses.
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
TEAM BIOS p6
TeAm BIOs
Mike Clark-Madison
Director, Public Policy and Research
Account Lead
As reporter, researcher, writer, analyst and strategist, Mike Clark-Madison is one of the region’s
best-known and most accomplished communicators. After 15 years of covering local and regional
politics, society and culture as a writer, editor and journalist, Mike “retired” as City Editor of the
Austin Chronicle in 2005 and joined Hahn, Texas (then TateAustin) to pursue other opportunities to
contribute to public dialogue.
In addition to the Austin Chronicle, Mike has reported for other publications in Austin and beyond and
provided editorial, research, creative and consulting services for a number of commercial, non-profit,
and pro bono clients. Mike has extensive experience with a broad spectrum of issues and trends that
help shape life in Texas. He has especially established a reputation as a scholar and chronicler of the
region’s recent growth — and its impact on transportation, planning and land use, politics and urban
affairs, economic development, and local culture and demographics. In his role at Hahn, Texas, Mike
also serves as co-director of the Central Texas Sustainability Indicators Project.
In addition to his professional endeavors, Mike is a longtime neighborhood leader in Central East Austin
and a veteran advocate for libraries and community information systems; he also served as outreach
chair for the City of Austin’s 2006 Bond Election Advisory Committee, where he oversaw a community
engagement process that reached more than 1,000 citizens. He holds degrees in communications
from the University of San Francisco and the University of Texas at Austin and currently serves on the
City of Austin Urban Renewal Board and the Central Texas chapter board of the Congress for the New
Urbanism. He was also a three-time Jeopardy! champion in 1990.
Mike’s major client work has included branding and marketing projects for Lone Star Rail District,
Mueller/Catellus Development Group, City of San Marcos, City of Garland, Texas Library Association,
Round Rock Convention and Visitors Bureau, and the Greater Austin Chamber of Commerce/
Opportunity Austin. Other key clients include Central Texas Regional Mobility Authority, Austin ISD,
Texas Gas Service, Central Health (formerly Travis County Healthcare District), the City of Austin’s
Downtown Austin Plan and Strategic Mobility Plan, Advanced Micro Devices, and the McCombs
School of Business at UT-Austin.
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
TEAM BIOS p7
Ryan Orendorf
Account Director, Client Services
At Hahn, Texas, Ryan works on some of the firm’s most significant economic development, energy and
environmental projects including the City of Benbrook, City of Waco, Texas Gas Service Conservation
Program and Travis County Parks. Ryan brings a variety of branding, message development, media
relations, advertising and research experience to his clients.
Ryan recently helped the City of Garland, Texas establish a comprehensive brand identity to attract
more businesses, residents and tourists to the City. He also used research data to design an
integrated marketing campaign to help Travis County Parks increase attendance and awareness of
its unique system of recreational and natural amenities.
Ryan oversees marketing and advertising efforts for the Texas Gas Service Conservation Program
that have helped the company double participation in the initiative. The program currently distributes
more than $1 million each year to customers who install energy-efficient appliances.
Prior to joining Hahn, Texas, Ryan was the marketing director of the Austin Parks Foundation and
helped to revamp the organization’s branding and communications efforts in addition to managing
special programming such as the popular Movies in the Park series and It’s My Park! Day. A graduate
of Clemson University, Ryan currently serves as on the board of the Young Men’s Business League
of Austin and the Austin Sunshine Camps.
Patti Fore
Social Media Manager
Patti Fore joined Hahn, Texas in 2011 to serve as Social Media Manager. Previously part of the
Digital Communications Group at Porter Novelli, Patti brings two years of experience in online
analysis and engagement.
Currently focused on digital landscaping and strategy for Formula One, Patti also works with Capital
Metro and The Texas State University System. Patti’s account responsibilities include social media
strategy, content creation, monitoring and analysis, trend spotting and industry coverage tracking,
along with traditional account service and media relations. Her previous work covers a variety of
industries, including online analysis for Eisai Pharmaceuticals and Bel Brands, as well as online
community management for America’s Natural Gas Alliance and Truluck’s Restaurant Group.
Originally from Virginia Beach, Patti relocated to the hill country of Wimberley, Texas at a young age
following her father’s retirement from the U.S Navy. Patti graduated from Texas State University in
San Marcos in 2008 with a B.A. in Public Relations. Her interests include community involvement
and volunteer work; Patti is a member of the Austin Young Chamber and serves on the event
planning committee for BvB Austin, a charity powder puff football game benefiting the Alzheimer’s
Association Capital of Texas Chapter.
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
TEAM BIOS p8
Dr. Dave Roberts, Ph.D.
Vice President of Research Services
Customer Research International
Dave Roberts, PhD heads up CRI’s full service business overseeing methods and analytics. Dave
has designed, moderated, and analyzed over 4,000 focus groups since 1979 and has conducted
over 1,000 telephone surveys. He founded Roberts Communications in 1985 and was formerly
Vice-President of Programming and Research for the CBS FM Group and for the RKO Radio Networks
in New York.
Lyle Durbin
Vice President Client Services
Customer Research International
Lyle has overseen a variety of CRI’s operations and client interfacing for over twelve years, including
product delivery, customer requirements, project management and quality controls. He has twelve
years of experience in CATI programming and data analysis packages with exceptional ability in
managing all technical aspects of a project — from sample management and questionnaire
programming to daily, final and cross-tabulated reporting/analysis offers CRI clients peace of
mind. Lyle is ultimately responsible that the quality of data that our clients receive is the highest
attainable. He will also act as a project manager on your studies to ensure that all aspects outside
of production are executed as agreed. Lyle attended The University of Texas at Austin, 1996-1998.
Quality of staff
The Hahn, Texas team is proud of our ability to recruit and retain top talent. However, there are some
circumstances that are outside our control and, on occasion, we and our clients must make small
adjustments accordingly. Hahn, Texas guarantees to the City of Coppell that we will not remove
anyone proposed to work on the City of Coppell business from the team unless requested by the
City of Coppell. We further guarantee that if an employee working on behalf of the City of Coppell
ever leaves our firm, or any of our subcontractor’s firms, we will notify the City of Coppell in writing
of the departure and offer an alternative that provides continued exceptional service for your day-
to-day needs.
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
OUR EXPERIENCE p9
OUR eXPeRIeNCe
Hahn, Texas is a full-service communications firm, and many of our research and discovery projects
have been conducted as integrated components of larger communications initiatives — both for
branding, marketing and placemaking and in other contexts such as issues management and
coalition building. We routinely partner with Customer Research International to ensure clients have
access to industry-standard services for a wide variety of market research applications.
Over the years, Hahn, Texas has undertaken brand-related research projects (and subsequent
branding and marketing initiatives) for Texas communities including Austin, Benbrook, Elgin,
Garland, Round Rock, San Marcos and Waco. While the Benbrook and Waco marketing plans are
still being finalized, the research effort for each has been completed. Garland is, of course, a close
neighbor to Coppell, while Benbrook is similarly situated in relation to Fort Worth as Coppell is to
Dallas. In addition, CRI has conducted community satisfaction surveys for cities including:
• Austin, Texas
• Live Oak, Texas
• Highland Village, Texas
• Sarasota County, Florida
• Dallas, Texas
• Colorado Springs, Colorado
• Benecia, California
• McAllen, Texas
• Chula Vista, California
• Longmont, Colorado
Moving one step away from actual municipalities but within the broader context of placemaking and
the public sphere, Hahn, Texas has conducted branding and marketing research for clients including
the Bob Bullock Texas State History Museum, Central Health (the Travis County Healthcare District),
the Central Texas Regional Mobility Authority, Heart o’ Texas Fair and Rodeo in Waco, the Libertarian
Party of Texas, Lone Star Rail District, Mueller (the public/private urbanist-infill redevelopment of
Austin’s former airport), State Farm Texas, Texas Gas Service, Texas A&M University Corps of Cadets,
Texas State University System and Travis County Parks. CRI has research work experience with
Texas Historical Commission, Austin Board of Realtors, Marketing Research Consulting – perceptual
studies of the petroleum industry in various municipalities in Louisiana, Texas and Canada and
Nueces Electric Coop
Hahn, Texas and CRI have also partnered on the Central Texas Sustainability Indicators Project,
one of the nation’s largest and most ambitious community-driven efforts to collect and analyze
the data that drives regional decision-making. The Indicators Project includes a biennial telephone
study of more than 2,800 Central Texans in six counties on more than 100 questions (the interview
takes 45 minutes or longer), including brand awareness and perceptions of a number of local
government and civic entities and initiatives. The Indicators Project is also currently engaged in
providing research and data services as part of the Capital Area of Texas Sustainability Consortium,
funded by a federal Sustainable Communities Regional Planning Grant, administered by the Capital
Area Council of Governments.
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
OUR EXPERIENCE p10
Research Case studies
City of Benbrook
(North Texas, Fort Worth/SW Tarrant submarket)
Date: Final research report delivered March 2011.
Components: Analysis of existing data (primarily community survey); brand inventory and audit;
media coverage analysis; benchmarking of seven peer communities (including Azle and Watauga);
in-depth interviews with 20 key stakeholders both within and outside the community; follow-up
testing of brand and creative concepts.
Insights: Extremely high levels of satisfaction within the community, and a relatively skillful use of
owned media and communications tools within the city, coupled with a very low level of awareness
and ill-defined image outside of Benbrook and an underdeveloped program of external marketing.
Placemaking efforts developed in prior community planning had stalled due to the overall economic
climate but began to move forward during the marketing initiative. The long-standing community
branding and logo, while beloved within Benbrook, did not capture or speak to the authentic identity
or value propositions of the community in a manner intelligible to outside audiences, although the
city has chosen to retain it. Development of the marketing plan is currently under way.
Challenges: No significant challenges were encountered during the conduct of the research,
although Benbrook’s low profile resulted in limited value for coverage analysis.
City of Garland
(North Texas, North Dallas submarket)
Date: Final research report delivered August 2010.
Components: Brand audit; market segmentation and stakeholder mapping and analysis;
benchmarking of seven peer communities (including Irving and Carrollton); in-depth interviews
with 40 key community stakeholders and external influencers; messaging workshop sessions with
Garland community leaders.
Insights: Garland’s brand profile was generally neutral to negative, reflecting in some cases received
wisdom from audiences and influencers whose actual experience with Garland, or with different
areas and communities within Garland, was limited. Community assets and elements — such as
Garland’s success as a location for Texas manufacturing — provided avenues for future branding but
did/will require brand-building efforts to establish Garland’s new “Texas Made Here” positioning. As
part of the implementation of the brand, Garland has already greatly improved the performance of
its own media and communication tools compared to benchmarked peer cities.
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
OUR EXPERIENCE p11
Challenges: As a rule, we would not recommend relying this heavily on a single research mode (in
this case, in-depth interviews), although we feel the results were valid and proved useful to both HTX
and Garland as the branding initiative progressed. Because the interviews were primarily conducted
by telephone, scheduling proved a challenge that extended the timeframe of the research.
Lone Star Rail District
(Austin-San Antonio, multiple submarkets)
Date: Final research report delivered May 2009.
Components: Comprehensive review of the previous five years’ worth of regional transportation-
related opinion research (a total of 16 data sets); benchmarking analysis of branding and
communications from five established regional rail systems across the United States; in-depth
interviews with more than three dozen key leaders and stakeholders along the service corridor;
eleven focus groups along the corridor, including special-purpose groups for students, seniors and
Spanish-speakers.
Insights: This project included developing a whole new brand and identity for the Austin-San
Antonio Intermunicipal Commuter Rail District, a special district comprising 18 cities, counties,
transportation agencies, and other entities formed to develop passenger rail service connecting the
two metropolitan areas. Our research program was intended not only to measure the brand equity of
the district (it was almost nonexistent, which is why we changed the name) but to gauge consumer
perceptions of the proposed service (which we named LSTAR). This research effort has laid the
foundation for future stakeholder relations, public involvement and marketing communications.
Challenges: No significant challenges were encountered during the implementation of the LSRD
research program.
City of San Marcos
(Austin-San Antonio, SE Travis/East Hays submarket)
Date: Final research report delivered March 2010.
Components: Metaresearch, market segmentation and audience mapping and analysis; coverage
analysis of traditional and social media; in-depth interviews with 15 representative internal and
external stakeholders; online public survey with ±900 respondents; benchmarking of nine peer
cities (including Denton); focus group testing of brand and creative concepts.
Insights: For a community about the size of Coppell, San Marcos’ brand profile and narrative is
quite complex, incorporating its college-town identity, its natural setting and identification with the
Hill Country, and its physical and sociocultural positioning between Austin and San Antonio and
their respective influences. The city’s desire to develop a unifying brand that could be used for
economic development, travel and tourism, and as a touchstone within the community added to
the complexity inherent in measuring, assessing, and trying to capture the San Marcos brand. The
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
OUR EXPERIENCE p12
community’s brand equity within the Austin-San Antonio region was well-established and generally
positive, though it declined significantly outside the region aside from associations with Texas State.
The city’s owned media and communications tools well underperformed those of peer cities, as
expected given that enhancements to these tools had been put on hold awaiting new branding.
Challenges: The complexities described above also manifested themselves in the volatile political
climate in San Marcos — our engagement in the community ended up outlasting the tenure of both
the mayor and the city manager. Engaging with community stakeholders, while generally producing
valuable insight, also prompted reactions of suspicion and division that we have not encountered
in other cities.
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
COMPARABLE MARKET EXPERIENCE p13
Hahn, Texas City of Cedar Hill
Branding Campaign
March 9, 2012
COMPARABLE MARKET EXPERIENCE
City of Garland
In 2009, Garland, Texas set out to establish a “known for” – something that would help bring the
10th largest city in the state more business opportunities, tourists and residents.
Hahn, Texas was chosen to lead a cooperative effort between the City of Garland and the Garland
Convention and Visitors Bureau to help establish a unified branding and marketing plan to discover
that “known for” and bring it to life.
Driven by input from interested stakeholders in the community, Hahn, Texas set out to combine the
key brand assets of the city – such as the established manufacturing base, business-friendly climate
and growing retail attractions in the Firewheel area – into an new brand platform.
The Garland Wheel logo, (a tribute to the firewheel, a wildflower native to the area) was born and the
tagline “Texas Made Here” (a nod to the manufacturing base the city has cultivated) was adopted.
Uniting the community’s successful heritage of industry with the beauty of nature, the new Garland
brand tells a story that has impact and resonance for economic development, for reaching visitors
and for communicating Garland pride.
The Hahn, Texas branding process included:
• A public website (www.brand-garland.com) to keep citizens and stakeholders appraised
of the major phases of the project
• In-depth interviews with community leaders from across the city to assess existing
attitudes, perceptions, opportunities and challenges
• A peer city study to analyze the brands, stories and marketing efforts of peer
communities inside the Metroplex and around the country
• Message Platform development
• A new logo and tagline with graphic standards, web specifications and other identity
elements to support it
• A strategic communications launch and marketing plan
• Advertisements for Texas Monthly, The Dallas Morning News and Texas tourism guides
The City of Garland recently launched a redesigned website (www.ci.garland.tx.us) to support the
new brand and is in the process of implementing the marketing plan to increase community identity,
business recruitment and job opportunities, commercial and residential real estate sales, regional
leisure travel, group travel, meetings and events.
COmPARABle mARkeT eXPeRIeNCe
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
COMPARABLE MARKET EXPERIENCE p14
City of Waco
In 2010, the cities of Bellmead, Hewitt, Lacy-Lakeview, Robinson, Woodway and Waco, Texas came
together to begin developing a tourism campaign for the region that included a unified branding and
marketing plan. Each city felt their own marketing efforts would be complimented by the creation of
a regional brand that could help broaden the appeal of the area’s collective assets and attractions.
This became a cooperative effort between the cities and Hahn, Texas, driven by input from interested
stakeholders throughout the Greater Waco region. The goal was to produce an organized, seamless
and updated internal and external image that answers the question “How can we differentiate
ourselves as a region?” and positions the area for future economic and cultural success.
Combining research, messaging, identity and creative phases, the project produced the new Heart
of Texas brand, a reflection of the region’s central location and welcoming attitude. The Heart of
Texas embodies and encapsulates the essence of the state. It’s more than Waco, and it’s a place
where neighboring communities can be far more than “outside Waco.” It’s also a place with stories
to tell and experiences to offer that defy stereotyped notions of either “Waco” or “Texas.”
In addition to the new brand, Hahn, Texas delivered a plan that is:
• A comprehensive suite of strategies and tactics that address identified needs, built on
the findings of research and the creative development of the brand.
• A program that can be implemented by Waco CVB and its partners to support current
marketing efforts.
• A roadmap for launching and building the Heart of Texas brand that takes as its
guideposts key objectives, with traditional activities and outputs put into context.
The region will implement the plan this year to begin bringing the brand to life and help the Heart of
Texas take its rightful place among America’s great destinations.
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
COMPARABLE MARKET EXPERIENCE p15
City of san marcos
Developing a new brand has been a goal for the city of San Marcos since at least 2004, when they
began setting aside funds specifically for this purpose using hotel/motel and sales tax revenue. Their
goal was to enhance tourism, economic development and marketing for the community, and in 2009,
at the direction of the Mayor and City Council, San Marcos was ready to put their plans into action.
Hahn, Texas and our partners were hired to bring forth a comprehensive branding initiative and
develop launch and marketing plans that could be utilized and implemented by the City and its many
community organizations. To help guide our efforts and enhance involvement and participation
from key community stakeholders, the City Council appointed a nine-member Branding Task Force
comprised of community and business leaders, elected officials and a Texas State University student.
We began the project by conducting research that included analysis of existing data sets, as well as
the awareness and perceptions of San Marcos among tourism and economic development prospects.
We also conducted benchmark research and analyzed the branding efforts of cities of similar size and
characteristics. We identified key stakeholders and demographics, analyzed San Marcos’ media and
social media coverage, as well as their existing marketing materials and messages.
This first phase of research was then supplemented by efforts to help ensure that the brand we
created would be authentic and ring true with the citizens of San Marcos. Phase two research
included 16 individual interviews with key stakeholders and deployment of an online public survey
that resulted in responses from 965 people.
The research helped us identify a “brand personality” for San Marcos and guided development of a
creative brief and key message platform to serve as the foundation from which the logo and tagline
and future marketing materials and tools would be developed. While our designers worked on
creative concepts, drafts of the marketing and launch plans were developed. Those plans included:
• Marketing and advertising strategies
• Creative strategy
• Media vehicle recommendations
• Media relations activities
• Public relations strategy
• Special events strategy
• Digital and social media strategies
• Funding and budget allocation recommendations
• Recommendations for evaluating success
In September 2010, San Marcos City Council Members unanimously voted to adopt the new brand
developed by Hahn, Texas and endorsed by the Branding Task Force as well as representatives from
the San Marcos Convention and Visitors Bureau, the Greater San Marcos Economic Development
Corporation and Main Street San Marcos. The City of San Marcos launched its new brand to the
community soon after, followed by a one-year marketing campaign to attract external audiences,
including economic development and tourism prospects to the City.
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
REFERENCES p16
ReFeReNCes
City of Benbrook
Ms. Cathy Morris
Public Involvement Director
911 Winscott Road
Benbrook, Texas 76126
(817) 249-6008
cmorris@cityofbenbrook.com
City of San Marcos
Ms. Melissa Millecam
Director of Communications/IGR
630 E. Hopkins
San Marcos, TX 78666
(512) 393-8105
mmillecam@sanmarcostx.gov
Lone Star Rail District
Ms. Alison Schulze
Administrator/Senior Planner
PO Box 1618
San Marcos, TX 78667
(512) 589-2709
amschulze@lonestarrail.com
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
WORK PLAN p17
WORk PlAN
Overview
In developing this work plan, we were guided by the questions included in the RFP scope of services,
matching them up with elements of a proposed research program as follows:
Who are our current target markets, or market segments and why?
Strictly speaking, Coppell’s “target” markets should be fairly easy to determine from the
community’s visioning and comprehensive planning and the data resources that underlie those
efforts, so metaresearch and analysis of that primary data would be in order. Identifying what the
most fruitful markets are, and using that insight to map priority audiences and stakeholders, can
be accomplished through a combination of review and analysis of market-wide and submarket data
(to see how well Coppell’s assets and attributes match up with what the market is looking for),
consideration of third-party market segmentation systems (for example, ESRI Tapestry), and in-
depth interviews with carefully selected internal and external stakeholders and influencers.
How we are perceived and what does our brand represent?
In-depth interviews and focus group research with representative audiences will provide insights that
respond to this question, as will a coverage analysis of Coppell’s profile in traditional and social media,
with a focus not only on frequency but also on specific topics and content, tone and sentiment.
How effectively are we communicating through the current branding efforts?
“Effectively” can mean many things in this context. To gauge broader audience awareness of
Coppell and the elements that support its brand positioning, we would recommend a statistically
valid survey — likely best conducted as an intercept study at a location that draws people from
across the market or submarket (such as a regional shopping mall). Our comprehensive brand
inventory and audit will offer insight as to whether Coppell is making the best use of its branding,
narrative and message architecture, and communication tools.
How does our brand compare with our surrounding communities?
We recommend benchmarking Coppell’s branding not only against surrounding communities, but
also against peer communities in other metro areas or even other states. We use objective criteria
to determine which cities to recommend for benchmarking — for example, we selected peer cities
for Benbrook that were (like Benbrook) located in Top 20 metro areas, with populations between
10,000 and 40,000, growth rates between 1999 and 2009 of between 10% and 25%, and median
household incomes between 80% and 120% of those for their metro area as a whole. (As it turned
out, only nine cities in the entire country met all of these criteria, including two in the Metroplex; we
benchmarked those two, Azle and Watauga, and five others).
What drives our brand today and why?
We would aim to surface these internal customer motivations through all modes of primary
research, including in-depth interviews, a public survey, and especially focus group sessions with
representative audiences.
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
WORK PLAN p18
What are the three most important things we should think about, pay attention to,
and be sure to do, as we move forward?
Our final research report and presentation will include recommendations that answer this question
and give decision makers in Coppell the information they need to move forward. When we conduct
our research as the first phase of a complete branding and marketing initiative, we typically deliver
as the capstone of the research the proposed message platform and creative brief; while these
would not be strictly necessary in Coppell’s case, those tools may be useful to the city and to its
future marketing partners.
What are the questions we are not asking that need to be answered as we
move forward?
These may be questions that are embedded or implied in the ones above, but typically we would
seek to answer questions like these:
• Does Coppell deliver, as a place and collection of products and services,
on the promise made by its mission, vision and brand?
• Do external audiences, or less-affiliated and less-engaged internal audiences,
perceive the components that form the community’s consensus vision?
(More simply, do they get it?)
• What is Coppell known for?
• What does Coppell offer that is different — not just better — from that
of other peer or neighbor communities?
• Is the Coppell vision and brand resilient to change?
Strategies and Tactics
Note: Items called out to the right represent our minimum recommended research program, as
requested in the RFP.
1. Orientation, site visit, meeting with Coppell staff and stakeholders
Our initial kickoff meeting will also include a site visit that is extensive enough to orient our team
to the community so that we properly interpret information we collect during the research process.
2. Meta-research and analysis
We will review the City’s data resources and others available for the market and submarket —
including, as noted above, primary and secondary data gathered as part of the comprehensive
planning process — to help determine a framework for further inquiry and develop research
instruments, keywords, etc.
3. Current brand inventory and audit
This review and assessment of Coppell’s current branding and communications tools will include
our assessment — as a full-service communications firm that has been in business for nearly
four decades — of “what works and what doesn’t” and what opportunities Coppell has to refine
and enhance its communications program. It also helps determine the scope of the subsequent
benchmarking analysis — to facilitate an apples-to-apples comparison of Coppell and its peer and
neighbor communities.
Minimum
recommended
component
Minimum
recommended
component
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
WORK PLAN p19
4. Coverage profile of traditional and social media
We will establish, based on the volume of mentions of Coppell in traditional and social media over a
relevant timeframe (as determined by the city), a sufficient sample of content that we will code and
analyze both by topic and by tone and sentiment.
5. Audience segmentation and mapping
We recommend doing a preliminary audience map after conducting the brand audit and coverage
profile to identify any discrepancies between who Coppell is reaching (as reflected in media
coverage), who it could reach (as reflected in market data), and who it wants to reach (as reflected
in its current communications program). This map would then be refined as we conduct our own
primary research — particularly in-depth interviews with key stakeholders and influencers who have
the most experience communicating about Coppell to the audiences in question.
6. Peer city benchmarking
We would develop criteria for selecting peer cities (a set of demographic parameters, as described
earlier in the example for Benbrook) and for analyzing their brands to gauge Coppell’s performance
relative to them. We provide both a narrative assessment and a side-by-side matrix to ease
comparison. The level of detail we generally include works for a comparison set of between five and
nine cities, including both neighbor cities (as long as they are defensibly “peer cities” comparable to
Coppell) and suitable peer cities elsewhere. At a reduced level of detail, we can include more cities.
7. In-depth structured interviews
We will develop a questionnaire and conduct between 10 and 20 interviews with relevant
stakeholders and influencers identified in consultation with the city, roughly evenly divided between
people within Coppell and within the broader region. These can include an array of decision-makers,
elected officials, major employers, community leaders, etc., but they should all be people who
actually have the opportunity to communicate with audiences about Coppell or influence decisions
that shape Coppell’s ability to deliver on its brand promise. If possible, it is preferred in the interest
of time that we schedule interviews back-to-back at an easily accessible location (i.e., the subjects
come to us), but we can also do in-depth interviews at the subject’s preferred locations, over the
telephone and online.
8. Focus group research
We recommend two focus groups at a minimum (more if the final program does not include in-
depth interviews or an intercept study) in Dallas County, one recruiting regionally, one limited to
the North Dallas submarket, screened to reflect Coppell’s demographics in terms of age, ethnicity
and income. This research will allow us to get deeper insight into general audience motivations and
how well they match up to the promise and value propositions that are inherent in Coppell’s vision
and current brand. For example, the current tagline “A Family Community for a Lifetime” suggests
an intergenerational community with special appeal to mature adults. How would the audience
respond to that concept (not necessarily to that tagline), and what would convey to them that a
community delivers on that promise?
Minimum
recommended
component
Minimum
recommended
component
Minimum
recommended
component
Minimum
recommended
component
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
WORK PLAN p20
9. Awareness and perception intercept study
We would recommend a statistically valid random-sample study simply to gauge current awareness
of Coppell and of its specific attributes, branding and messaging — the most basic answer to “How
effective is the current brand?” In addition to providing data and insight to guide decision-making
now, this study also establishes a baseline for future evaluation. We feel an intercept survey would
likely be the most effective at reaching a broad spectrum of respondents who are actually familiar
with Coppell (even if the survey site is not within Coppell proper) and is a practical way of conducting
a survey with a relatively short instrument, as this would be.
10. Final report and presentation
Our final report will include key insights to guide Coppell going forward, summaries of the source
data (anonymized where necessary), and a presentation before the relevant audience of decision-
makers (elected, staff or community leaders). The final report is designed to be readily usable and
appropriate as a public document.
Minimum
recommended
component
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
WORK PLAN p21
Proposed Timeline CITY OF COPPELL TIMELINE(Assumes an Early-May Start)71421284111825291623306132027Kick-off session*Meta-researchBrand inventory and audit*Coverage profile*Audience segmentation and mapping*Peer city benchmarking*In-depth InterviewsFocus group research*Intercept studyFinal report*Monthly activity reports* Minimum recommended componentPlanningImplementation/DeliveryHolidaysDeliverables & ActivitiesMAYJUNJULAUG
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
WORK PLAN p22
Proposed Cost
Based on the scope outlined in the previous section, Hahn, Texas believes we can plan and execute
this effort for a total professional fee of $40,500 including all labor, materials, freight, taxes,
insurance, etc. Travel costs are based on three meetings located in Coppell, TX involving two to three
team members and overnight stays. Standard rates were used in determining mileage expenses.
About Our estimate
We have tried to be complete and thorough in our estimate to you, but by no means do we believe
ours is the last word when it comes to your budget. We are very willing to increase, decrease,
combine or delete items as you see fit to arrive at a budget that suits your needs. Please know,
flexibility in planning and budgeting is important to us, so we look forward to a conversation that
sets up the budget exactly as you desire.
Recommended minimum research $35,000
Brand inventory and audit
Coverage profile
Audience segmentation and mapping
Focus group research
Peer city benchmarking
Travel costs $ 2,500
Client meetings/reporting $ 3,000
TOTAL $40,500
Additional recommended research
Meta-research $ 2,500
In-depth interviews $15,000
Awareness/perception intercept study $18,000
Hahn, Texas City of Coppell
Brand Equity Measurement
March 27, 2012
APPENDIX A
Disclosure of Principals
Hahn, Texas
Jeff Hahn, President
Conflict of Interest and litigation
Hahn, Texas does not have any current clients or employees that pose a conflict of interest to
engage with the City of Coppell in this effort nor do we have any pending or past litigation to identify.
Warranties
A. Hahn, Texas is willing and able to comply with State of Texas laws.
B. Hahn, Texas is willing and able to obtain an errors and omissions insurance policy providing
a prudent amount of coverage for the willful or negligent acts, or omissions of any officers,
employees or agents thereof.
C. Hahn, Texas will not delegate or subcontract its responsibilites under an agreement without
the prior written permission of the City of Coppell.
D. Hahn, Texas warrants all the information provided in connection with this proposal is true
and accurate.
Jeff Hahn, President Date
APPeNDIX A
March 27, 2012