BA 2018-04-25 CRDC Cit of Coppell, Texas 255 Parkway Boulevard
Y pp Coppell,Texas
FFE L 75019-9478
Meeting Agenda
Coppell Recreation Development Corporation
Wednesday,April 25,2018 6:30 PM 255 Parkway Blvd.
Mark Tepper Biju Mathew
President Vice-President
Mahbuba Khan Karen Hunt
Secretary Board Member
Marvin Franklin Noah Webster
Board Member Board Member
Notice is hereby given that the Coppell Recreation Development Corparation of the City of
Coppell, Texas will meet in the 2nd Floor Conference Room at Coppell Town Center, 255
Parkway Boulevard, Coppell, Texas, on April 25, 2018 at 6:30 PM.
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 purpose of this meeting is to consider the following items:
Executive Session (Closed to the Public)
Regular Session (Open to the Public)
Call to Order
1. Citizens' Forum
2. Approval of February 21., 2018 Minutes
Attachments: 02.21.18 CRDC Minutes.pdf
3. Financial Report
Attachments: 04.25.18 Financial Report- Feb.pdf
04.25.18 Financial Report- Mar.pdf
City of Coppell,Texas Page 1 Printed on 4/20/2018
Coppell Recreation Development Meeting Agenda April 25,2018
Corporation
4. Consider approval of the acquisition of a Musco Light Control System to
replace the existing light control hardware in various city parks and athletic
facilities, in the amount of$144,000.00, from Musco Sports Lighting LLC.,
with contract pricing through the Buyboard, Contract No. 512-16, as
budgeted.
Attachments: 04.25.18 Musco Liqht Control Memo.pdf
04.25.18 Musco Light Control Quote.pdf
5. Consider approval of award of a professional services agreement with
Kimley Horn, in the amount of$79,500.00, to design signage and
pavement markings depicting on-street bicycle lanes for Moore Road,
Heartz Road and Riverchase Drive.
Attachments: 04.25.18 Moore.Heartz.Riverchase Trail CRDCMemo.pdf
04.25.18 Moore.Heartz.Riverchase Trail Contract.pdf
04.25.18 PROPOSED BIKE LANES.pdf
6. Consider approval of a Resolution Directing Publication of Notice of Intent
to Undertake Projects and Notice of Public Hearing on the construction,
acquisition and equipment of a performing arts center and construction,
acquisition and equipment of related parking facilities, related roads,
streets and water and sewer facilities and other related improvements that
enhance any of the items listed above (collectively, the "Projects"), and
authorizing the Board President and Board Secretary to sign.
Attachments: 04.25.18 Memo.pdf
04.25.18 Certificate of Resolution.pdf
7. Board President and Committee Reports/General Discussion
Adjournment
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).
City of Coppell,Texas Paye 2 Printed on 4/20/2018
Coppell Recreation Development Meeting Agenda April 25,2018
Corporation
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, 2018, at
City of Coppell,Texas Page 3 Printed on 4/20/2018
City of Coppell, Texas 255 Parkway Boulevard
Coppell,Texas
COFFELL 75019-9478
Minutes
Coppell Recreation Development Corporation
Wednesday, February 21,2018 6:30 PM 255 Parkway Blvd.
The Coppell Recreation Development Corporation met in the 2nd Floor
Conference Room of Coppell Town Center, 255 Parkway Boulevard, Coppell,
TX on Wednesday, February 21, 2018, at 6:30 p.m.
Those in attendance included President Mark Tepper, Vice-President Biju
Mathew, Secretary Mahbuba Khan, Board Member Karen Hunt, Board
Member Marvin Franklin, Fire Chief Kevin Richardson, Assistant Director of
Engineering Kent Collins, Assistant Director of Recreation Jessica Carpenter,
Aquatic Center Manager Lauren Sutton, Deputy City Manager Noel Bernal,
and Administrative Support Assistant Brittany Causey.
The purpose of this meeting is to consider the following items:
Executive Session (Closed to the Public)
Regular Session (Open to the Public)
Call to Order
President Mark Tepper called the meeting to order at 6:31 PM.
1. Citizen's Forum
There was no one present for the Citizen's Forum.
City of Coppell,Texas Page 1
Coppell Recreation Development Minutes February 21,2018
Corporation
2. Approval of January 10, 2018 Minutes
Motion by Board Member Hunt,second by Vice-President Mathew to approve
minutes as presented.The motion carried unanimously.
3. Financial Report
Deputy City Manager Noel Bernal presented the Financial Report.
4. Presentation by Chief Kevin Richardson of the Coppell Fire Department regarding the
proposed Fire Station #4 North of Wagon Wheel park, East of elevated storage tank.
Chief Richardson presented information to the Board regarding the proposed
Fire Station #4. No further action required.
5. Consider approval of a grant agreement with the City of Coppell in an
amount of$1,801,602.34 for reconstruction of median improvement for
the reconstruction of Freeport Parkway from Bethel Road to
1-635/Dividend, subject to a written grant; and, authorizing the President
to execute said agreement.
Motion by Board Member Hunt,second by Secretary Khan to approve the grant
agreement for the reconstruction of median improvement for the
reconstruction of Freeport Parkway from Bethel Road to 1-635/Dividend.AYE:
All.The motion passed unanimously.
6. Consider approval of award of a proposal from Sunbelt Pools, in an
amount of$90,000, for the replacement of three (3) Ultraviolet
Disinfection Systems at The CORE, utilizing Buyboard Cooperative
Purchasing Contract No. 451-14, as budgeted; and authorizing the City
Manager to execute the necessary documents.
Motion by Vice-President Mathew,second by Board Member Franklin to
approve the award of a proposal from Sunbelt Pools for the replacement of
three(3) Ultraviolet Disinfection Systems at The CORE.AYE:All.The motion
passed unanimously.
City of Coppell,Texas Page 2
Coppell Recreation Development Minutes February 21,2018
Corporation
7. Coppell Arts Center Update
Deputy City Manager Noel Bernal shared the video update on the City's
website about the Arts Center and discussed upcoming milestone dates.
8. Acceptance of resignation of Larry Jones from the Coppell Recreation Development
Committee
Motion by Secretary Khan,second by Vice-President Mathew to accept the
resignation of Board Member Larry Jones from the CRDC,effective
immediately.
9. Board President and Committee Reports/General Discussion
Adjournment
City of Coppell,Texas Page 3
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COPPELL RECREATION DEVELOPMENT CORPORATION
SALES TAX REVENUE BONDS
SERIES 2014-$29,025,000
AS OF FEBRUARY 28,2018
DEPT AMOUNT OTHER TOTAL AMOUNT PAID AMOUNT AVAILABLE
PROJECT NO ISSUED REVENUES FUNDS TO DATE ENCUMBERED FUNDS
CRDC-SALES TAX 632
COST OF ISSUANCE $178,867.04 $ 178,867.04 $ 178,867.04 $0.00 $0.00
COST OF INSURANCE $32,555.41 $ 32,555.41 $ 32,555.41 0.00 0.00
INTEREST INCOME/PREMIUM $ 609,258.78 A 609,258.78 0.00 0.00 609,258.78
ANDY BROWN PARK $ 15,000,000.00 6,550,000.00 D 21,550,000.00 21,706,272.63 65,499.50 (221,772.13)
LIFE SAFETY PARK 3,025,000.00 2,873,796.78 C 5,898,796.78 5,883,548.48 63,066.99 (47,818.69)
DRAINAGE-WOODRIDGE 2,200,000.00 (2,100,000.00) 100,000.00 26,702.53 9,917.47 63,380.00
STREETSCAPE 4,800,000.00 400,000.00 5,200,000.00 4,774,124.24 28,967.26 396,908.50
TRAILS 4,000,000.00 (3,550,000.00) B 450,000.00 379,625.71 31,099.55 39,274.74
$29,025,000.00 $4,994,478.01 $34,019,478.01 $32,981,696.04 $198,550.77 $839,231.20
COPPELL RECREATION DEVELOPMENT CORPORATION
SALES TAX REVENUE BONDS
SERIES 2014-$29,025,000
AS OF FEBRUARY 28,2018
FOOTNOTE A AMOUNT OF INTEREST/SURPLUS EARNED $ 2,619,867.78
TRANSFERRED TO AB PARK (900,000.00)
TRANSFERRED TO LIFE SAFETY PARK (1,110,609.00)
609,258.78
FOOTNOTE B TRAILS
GRAPEVINE CREEK TRAIL $ 214,300.00
S.COPPELL TRAIL 186,625.26
MASTER PLAN UPDATE 9,800.00
410,725.26
FOOTNOTE C ADDITIONAL FUNDING SOURCES
CRIME CONTROL(15%) $ 881,593.89
GENERAL FUND(15%) 881,593.89
INTEREST 1,110,609.00
2,873,796.78
FOOTNOTE D BONDS TRANSFERRED TO AB PARK
DRAINAGE-WOODRIDGE $ 2,100,000.00
TRAILS" 3,550,000.00
5,650,000.00
To be repaid through CRDC cash flows.
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COPPELL RECREATION DEVELOPMENT CORPORATION
SALES TAX REVENUE BONDS
SERIES 2014-$29,025,000
AS OF MARCH 31,2018
DEPT AMOUNT OTHER TOTAL AMOUNT PAID AMOUNT AVAILABLE
PROJECT NO ISSUED REVENUES FUNDS TO DATE ENCUMBERED FUNDS
CRDC-SALES TAX 632
COST OF ISSUANCE $178,867.04 $ 178,867.04 $ 178,867.04 $0.00 $0.00
COST OF INSURANCE $32,555.41 $ 32,555.41 $ 32,555.41 0.00 0.00
INTEREST INCOME/PREMIUM $ 611,517.84 A 611,517.84 0.00 0.00 611,517.84
ANDY BROWN PARK $ 15,000,000.00 6,550,000.00 D 21,550,000.00 21,706,272.63 65,499.50 (221,772.13)
LIFE SAFETY PARK 3,025,000.00 2,873,796.78 C 5,898,796.78 5,883,548.48 63,066.99 (47,818.69)
DRAINAGE-WOODRIDGE 2,200,000.00 (2,100,000.00) 100,000.00 26,702.53 9,917.47 63,380.00
STREETSCAPE 4,800,000.00 400,000.00 5,200,000.00 4,774,124.24 28,967.26 396,908.50
TRAILS 4,000,000.00 (3,550,000.00) B 450,000.00 379,625.71 31,099.55 39,274.74
$29,025,000.00 $4,996,737.07 $34,021,737.07 $32,981,696.04 $198,550.77 $841,490.26
COPPELL RECREATION DEVELOPMENT CORPORATION
SALES TAX REVENUE BONDS
SERIES 2014-$29,025,000
AS OF MARCH 31,2018
FOOTNOTE A AMOUNT OF INTEREST/SURPLUS EARNED $ 2,622,126.84
TRANSFERRED TO AB PARK (900,000.00)
TRANSFERRED TO LIFE SAFETY PARK (1,110,609.00)
611,517.84
FOOTNOTE B TRAILS
GRAPEVINE CREEK TRAIL $ 214,300.00
S.COPPELL TRAIL 186,625.26
MASTER PLAN UPDATE 9,800.00
410,725.26
FOOTNOTE C ADDITIONAL FUNDING SOURCES
CRIME CONTROL(15%) $ 881,593.89
GENERAL FUND(15%) 881,593.89
INTEREST 1,110,609.00
2,873,796.78
FOOTNOTE D BONDS TRANSFERRED TO AB PARK
DRAINAGE-WOODRIDGE $ 2,100,000.00
TRAILS" 3,550,000.00
5,650,000.00
`°To be repaid through CRDC cash flows.
T�\N(\/9 - C 1 T Y • O F
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1/V PPELL
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MEMORANDUM
To: CRDC
From: Brad Reid, Director of Parks and Recreation
Date: April 25, 2018
Reference: Consider approval of the acquisition of a Musco Light Control System to replace the
existing light control hardware in various city parks and athletic facilities, in the
amount of $144,000.00, from Musco Sports Lighting LLC., with contract pricing
through the Buyboard, Contract No. 512-16, as budgeted.
2030: Sustainable City Government: Excellent and Well-Maintained City Infrastructure and
Facilities
General Information:
• Lighting control hardware will be compatible with the new light control system installed at
the renovated Andrew Brown Parks,West and East.
• Contract pricing obtained through Buyboard cooperative purchasing program (BuyBoard
Contract No. 512-16).
Introduction:
The Parks and Recreation Department is planning to upgrade and standardize the light control system
we operate to consistently maintain safe, reliable and enjoyable lights for our users on athletic fields,
in parking lots and on lighted trails. This Musco Lighting Control System was installed at the newly
renovated Andrew Brown Parks, West and East. Musco is one of the most widely used and reliable
lighting systems in the industry.
Analysis:
The current light control system has become outdated, has scheduling limitations and frequent
communication errors from the central control unit to satellite remotes causing disruptions and delays
in sports programming. The Musco Lighting Control System offers additional flexibility with the
ability to schedule light control operations through phone, computer or tablet, 24/7, to effectively aid
in the management of the fluid light programming schedules. Additionally, Musco can assign
administrator rights to City staff, who can then assign field light access to approved officials that can
assist with the efficient management of athletic field lights based on preapproved game and practice
schedules. Cancelled games and practices will immediately be removed from the preset schedule to
1
prevent lights from operating on vacant fields. This upgrade will also reduce the inefficiency of
managing multiple light control systems, eliminate inflexible scheduling options due to outdated
technology and increase service levels to the community.
Legal Review:
Agenda item did not require legal review
Fiscal Impact:
The fiscal impact is $144,000.00
Recommendation:
The Parks and Recreation Department recommends approval of this item.
2
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MUS
100 P'Ave West•PO Box 808•Oskaloosa,IA 52577
Phone: (800)825-6020•Fax: (888)397-8736
Date:4/13/2018
City of Coppell Buy Board Quotation
Attn:Jason Lewis Park/ Rec&Field Lighting#512-16
Vendor#528
Re:Control-Link Quotation—City of Coppell Parks
Dear Jason,
Here is the Control-Link Quotation that you requested for the City of Coppell identified facilities:
Wagonwheel Park Four-Plex: 345 Freeport Pkwy
Equipment:
(1) Remote Equipment Controller(REC)
➢ (7) Off/On/Auto Switches- (mounted in the cabinet door)
Zone 1: Field 1 Zone 2:Field 2
Zone 3: Field 3 Zone 4:Field 4
Zone 5: Field 5 Zone 6:Path
Zone 7:Parking
➢ 10 year parts/ 10 year labor warranty on all equipment
➢ All freight costs
➢ Installation by Nema 3 Included
Total: $9,000.00
Wagonwheel Park Tennis Center: 345 Freeport Pkwy
Equipment:
(1) Remote Equipment Controller(REC)
(7) Off/On/Auto Switches- (mounted in the cabinet door)
Zone 1:Parking Zone 2:Area
Zones 3-7: Spares
10 year parts/ 10 year labor warranty on all equipment
➢ All freight costs
➢ Installation by Nema 3 Included
Total: $9,000.00
Wagonwheel Park Soccer East: 345 Freeport Pkwy
Equipment:
(1) Remote Equipment Controller(REC)
(7) Off/On/Auto Switches- (mounted in the cabinet door)
Zone 1: Field 1 Zone 2:Field 2
Zone 3: Field 3 Zone 4:Field 4
Zone 5:Area/Security Zones 6&7: Spares
➢ 10 year parts/ 10 year labor warranty on all equipment
➢ All freight costs
➢ Installation by Nema 3 Included
Total: $9,000.00
0000
MUS
100 P'Ave West•PO Box 808•Oskaloosa,IA 52577
Phone: (800)825-6020•Fax: (888)397-8736
Wagonwheel Park Soccer West: 345 Freeport Pkwy
Equipment:
(1) Remote Equipment Controller(REC)
(7) Off/On/Auto Switches- (mounted in the cabinet door)
Zone 1: Field 1 Zone 2:Field 2
Zone 3: Field 3 Zone 4:Field 4
Zone 5:Parking/Trail Zone 6: Security
Zone 7:Spare
➢ 10 year parts/ 10 year labor warranty on all equipment
➢ All freight costs
➢ Installation by Nema 3 Included
Total: $9,000.00
Wagonwheel Park Pump House: 345 Freeport Pkwy
Equipment:
(1) Remote Equipment Controller(REC)
(7) Off/On/Auto Switches- (mounted in the cabinet door)
Zone 1:Parking/Security Zone 2-7: Spares
➢ 10 year parts/ 10 year labor warranty on all equipment
➢ All freight costs
➢ Installation by Nema 3 Included
Total: $9,000.00
Wagonwheel Park Softball: 345 Freeport Pkwy
Equipment:
(1) Remote Equipment Controller(REC)
(7) Off/On/Auto Switches- (mounted in the cabinet door)
Zone 1:Batting Cage 1 Zone 2:Batting Cage 2
Zone 3:Batting Cage 3 Zone 4:BB/SB Prac 1
Zone 5:BB/SB Prac 2 Zone 6:BB/SB Prac 3
Zone 7: Security/Parking
➢ 10 year parts/ 10 year labor warranty on all equipment
➢ All freight costs
➢ Installation by Nema 3 Included
Total: $9,000.00
Wagonwheel Park Baseball Field 6: 345 Freeport Pkwy
Equipment:
(1) Remote Equipment Controller(REC)
(7) Off/On/Auto Switches- (mounted in the cabinet door)
Zone 1:Field Zone 2:Parking/Path
Zones 3-7: Spares
➢ 10 year parts/ 10 year labor warranty on all equipment
➢ All freight costs
0000
MUS
100 P'Ave West•PO Box 808•Oskaloosa,IA 52577
Phone: (800)825-6020•Fax: (888)397-8736
➢ Installation by Nema 3 Included
Total: $9,000.00
Andy Brown Park Central:364 N Denton Tap Road
Equipment:
(1) Remote Equipment Controller(REC)
(7) Off/On/Auto Switches- (mounted in the cabinet door)
Zone 1: SB 1 Zone 2: SB 2
Zone 3:Parking/Security Zones 4-7: Spares
➢ 10 year parts/ 10 year labor warranty on all equipment
➢ All freight costs
➢ Installation by Nema 3 Included
Total: $9,000.00
Andy Brown Park Aquatics:364 N Denton Tap Road
Equipment:
(1) Remote Equipment Controller(REC)
(7) Off/On/Auto Switches- (mounted in the cabinet door)
Zone 1:Area Zone 2:Parking
Zones 3-7: Spares
➢ 10 year parts/ 10 year labor warranty on all equipment
➢ All freight costs
➢ Installation by Nema 3 Included
Total: $9,000.00
Moore Rd Park:600 N Moore Rd
Equipment:
(1) Remote Equipment Controller(REC)
➢ (7) Off/On/Auto Switches- (mounted in the cabinet door)
Zone 1:Practice 1 Zone 2:Practice 2
Zone 3:Parking/Security Zones 4-7: Spares
➢ 10 year parts/ 10 year labor warranty on all equipment
➢ All freight costs
➢ Installation by Nema 3 Included
Total: $9,000.00
MacArthur Park: 400 S MacArthur Blvd
Equipment:
(1) Remote Equipment Controller(REC)
(7) Off/On/Auto Switches- (mounted in the cabinet door)
Zone 1:Practice Zone 2:Parking/Security/Dog
Zones 3-7: Spares
0000
MUS
100 P Ave West•PO Box 808•Oskaloosa,IA 52577
Phone: (800)825-6020•Fax: (888)397-8736
➢ 10 year parts/ 10 year labor warranty on all equipment
➢ All freight costs
➢ Installation by Nema 3 Included
Total: $9,000.00
0000
MUS
100 P Ave West•PO Box 808•Oskaloosa,IA 52577
Phone: (800)825-6020•Fax: (888)397-8736
MacArthur Park Fields: 400 S MacArthur Blvd
Equipment:
(1) Remote Equipment Controller(REC)
(7) Off/On/Auto Switches- (mounted in the cabinet door)
Zone 1: Field 1 Zone 2: Field 2
Zone 3: Field 3 Zone 4: Field 4
Zones 5-7: Spares
➢ 10 year parts/ 10 year labor warranty on all equipment
➢ All freight costs
➢ Installation by Nema 3 Included
Total: $9,000.00
North Middle School:120 Natches Trace
Equipment:
(1) Remote Equipment Controller(REC)
(7) Off/On/Auto Switches- (mounted in the cabinet door)
Zone 1: Football Zones 2-7: Spares
➢ 10 year parts/ 10 year labor warranty on all equipment
➢ All freight costs
➢ Installation by Nema 3 Included
Total: $9,000.00
West Middle School:1301 Wrangler Cir
Equipment:
(1) Remote Equipment Controller(REC)
(7) Off/On/Auto Switches- (mounted in the cabinet door)
Zone 1: Football Zones 2-7: Spares
➢ 10 year parts/ 10 year labor warranty on all equipment
➢ All freight costs
➢ Installation by Nema 3 Included
Total: $9,000.00
Pinkerton/East Middle School: 400 Mockingbird Lane
Equipment:
(1) Remote Equipment Controller(REC)
(7) Off/On/Auto Switches- (mounted in the cabinet door)
Zone 1: Football Zones 2-7: Spares
➢ 10 year parts/ 10 year labor warranty on all equipment
➢ All freight costs
➢ Installation by Nema 3 Included
Total: $9,000.00
0000
MUS
100 P'Ave West•PO Box 808•Oskaloosa,IA 52577
Phone: (800)825-6020•Fax: (888)397-8736
Farmers Market: 768 West Main Street
Equipment:
(1) Remote Equipment Controller(REC)
(7) Off/On/Auto Switches- (mounted in the cabinet door)
Zone 1:Parking Zone 2:Pathway
Zones 3-7: Spares
➢ 10 year parts/ 10 year labor warranty on all equipment
➢ All freight costs
➢ Installation by Nema 3 Included
Total: $9,000.00
**Total Equipment and Installation Cost (16)Units: $144,000.00_ (Based upon all units being ordered)**
All Units:
➢ Turnkey installation of all components by Nema 3.
➢ Activation and testing of systems to ensure all units are fully functional and operational
10 Years Control Link Central Service(CLC)
➢ 24/7 toll free access to CLC customer scheduling operators
➢ Access to Musco Control Link Scheduling Website
REC operations and Website Training for your scheduling staff
Please note:This quotation is based upon contactors being available
on site for utilization (Existing per Musco survey). 120v control service must be available at the controls
location.
*Please add applicable sales tax. Freight has been included.
Please feel free to call me to discuss any questions or concerns that you may have.
Sincerely,
Rick Van Dusseldorp
Lighting Services Sales Representative
Musco Lighting
800-825-6020 ext 2087
crick. ar dussF:UcraLir Cusco cora
T H E . C I T Y O F
COFFELL
8
MEMORANDUM
To: CRDC
From: Brad Reid, Director of Parks and Recreation
Date: April 25, 2018
Reference: Consider approval of award of a professional services agreement with Kimley Horn,
in the amount of$79,500.00, to design signage and pavement markings depicting on-
street bicycle lanes for Moore Road, Heartz Road and Riverchase Drive.
2030: Sustainable City Government Strategy: Excellent and Well-Maintained City
Infrastructure and Facilities.
Introduction:
The 2010 Community Wide Trail Implementation Plan and the 2015 Bicycle and Pedestrian Master
Plan recommend on-street bike lanes for Moore Road, Heartz Road and Riverchase Drive. The
Moore Road Trail is seen as one of the strongest links between the greatest number of neighborhoods
and key destinations such as the Andrew Brown Park system,the extension of the Campion Trail and
the future DART Rail Station. Although not dedicated as bike lanes, a striped lane currently exists
on both sides of Riverchase Drive. This project would design signage and pavement markings
depicting on-street bicycle lanes. Heartz Road will be studied within the scope of this project to
create safe routes to school, as well as take advantage of an existing wide street. Fairway Drive from
Beltline Road to Riverchase Drive will be studied within the scope of this project as it provides a
critical connection to the future Cotton Belt Trail.
Analysis:
This project consists of the design for signage and pavement markings depicting on-street bicycle
lanes with supporting directional signage consistent with the bikeway recommendations of the
Bicycle and Pedestrian Master Plan. Each roadway is anticipated to include the following tasks:
Task l: Data Collection, Base Map Development, and Field Observation
Task 2: Cross Section Development and Conceptual Layout
Task 3: Meetings
Task 4: Design Services
1
Task 5: Bidding and Construction Phase Services
The following sections for roadways have been identified:
Moore Road (from Andy Brown Park to Belt Line Road) — This roadway is identified on
the Bicycle and Pedestrian Master Plan as a Bike Lane facility. This roadway is approximately
10,000 linear feet. Particular attention will be paid to the following intersections: Parkway
Boulevard; Stringfellow Drive; Villawood; Sandy Lake Road; Bethel School Road and Belt
Line Road.
Heartz Road(from Sandy Lake Road to Parkway Boulevard)- This roadway is identified
on the Bicycle and Pedestrian Master Plan as a Bike Lane facility. This roadway is
approximately 3,000 linear feet. Particular attention will be paid to the Park Valley Drive
intersection.
Riverchase Drive (from Sandy Lake Road to MacArthur Boulevard) This roadway is
identified on the Bicycle and Pedestrian Master Plan as a Bike Lane facility. This roadway is
approximately 7,400 linear feet.
Fairway Drive—(from Riverchase Drive to Belt Line Road) This roadway is not identified
on the Bicycle and Pedestrian Master Plan but provides a critical connection to the Cottonbelt
Rail-to-Trail. This roadway is approximately 1,000 linear feet.
There is funding currently identified in the CRDC plan for 2017-18 to have this design
completed,followed as quickly as possible with the project bidding, award and installation of
the agreed upon scope. Included in this design process is a public input/awareness period that
will allow for voices to be heard and necessary adjustments made to the plan.
Legal Review:
The attached agreement was reviewed and approved by legal counsel.
Fiscal Impact:
The fiscal impact of this Agenda item is $79,500
Recommendation:
The Parks and Recreation Department recommends approval of this item.
2
Kimley>>> Horn
March 12, 2018
John Elias— Park Operations Manager
City of Coppell
265 E. Parkway Blvd.
Coppell, TX 75019
Re: On-Street Bicycle Lane Design
Professional Services Agreement
Dear Mr. Elias:
Kimley-Horn and Associates, Inc. ("Kimley-Horn") is pleased to submit this letter agreement (the
"Agreement")to the City of Coppell ("Client' or"City") for providing design for various on-street bicycle
facilities.
Project Understanding
Kimley-Horn understands the City has an adopted bike plan. The City is implementing the plan to
install on-street bike lanes and routes. Kimley-Horn understands the following sections for roadways
have been identified:
• Moore Road (from Andy Brown Park to Belt Line Road)—This roadway is identified on the
Bicycle and Pedestrian Master Plan as a Bike Lane facility. This roadway is approximately
10,000 linear feet. Particular attention will be paid to the following intersections: Parkway
Boulevard; Stringfellow Drive; Villawood; Sandy Lake Road; Bethel School Road and Belt
Line Road.
• Heartz Road (from Sandy Lake Road to Parkway Boulevard) -This roadway is identified on
the Bicycle and Pedestrian Master Plan as a Bike Lane facility. This roadway is
approximately 3,000 linear feet. Particular attention will be paid to the Park Valley Drive
intersection.
• Riverchase Drive (from Sandy Lake Road to MacArthur Boulevard) This roadway is identified
on the Bicycle and Pedestrian Master Plan as a Bike Lane facility. This roadway is
approximately 7,400 linear feet.
• Fairway Drive— (from Riverchase Drive to Belt Line Road) This roadway is not identified on
the Bicycle and Pedestrian Master Plan but provides a critical connection to the Cottonbelt
Rail-to-Trail. This roadway is approximately 1,000 linear feet.
Kimley-Horn understands this project consists of the design for signage and pavement markings
depicting on-street bicycle lanes with supporting directional signage consistent with the bikeway
recommendations of the Bicycle and Pedestrian Master Plan. Each roadway is anticipated to include
the following tasks:
Task 1: Data Collection, Base Map Development, and Field Observation
Task 2: Cross Section Development and Conceptual Layout
Task 3: Meetings
Task 4: Design Services
Task 5: Bidding and Construction Phase Services
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Kim ey>>> Horn Page
Scope of Services
Kimley-Horn will provide the services specifically set forth below.
Task 1 — Data Collection, Base Map Development and Field Observation
A. Data Collection: The City will provide the Kimley-Horn with the following
documents/information:
• Bicycle and Pedestrian Master Plan and any associated renderings/concepts for
proposed roadways;
• Current bicycle details and specifications (if available);
• Record drawings for projects identified (if available);
• CADD files for current projects identified (if available); and
• City Contacts—The CITY will provide contact information for the applicable CITY
staff to be involved with the current projects identified in the Project
Understanding.
The City will provide the Consultant the most current ArcGIS shapefiles and
layerfiles for the following datasets (NAD 83 State Plane, North Central Texas Zone
coordinates):
• Bicycle and Pedestrian Master Plan; and
• Most recent digital orthophotograph (DOQ) of Dallas for the projects identified.
B. Base Map Development. Kimley-Horn will create electronic base maps in AutoCAD for each
of the roadways. These base maps will be created using aerials and consist of the existing
curbs, striping, and signage. The base maps will be verified during the field observation.
C. Field Observation - Kimley-Horn will prepare base maps for and attend a two-day long field
observation meeting for the four (4) corridors identified in the Project Understanding. During
this field observation, Kimley-Horn will conduct field measurements and note signage and
striping for each of the roadways identified in the Project Understanding. These field
measurements will be used in Task 2 and Task 4.
Task 2 — Cross Section Development and Conceptual Layout
A. Cross Section Development. Using the data collected in Task 1, Kimley-Horn will evaluate
the cross section for bike lane facilities for the roadways identified in the Project
Understanding. It is anticipated that the cross sections will included separated (buffer) bike
lanes, two-way on-street trails (cycle track), or bike lanes.
B. Conceptual Layout. Kimley-Horn will create electronic layouts (roll plots) and prepare
preliminary designs for the bicycle marking plans based on schematic field observation (Task
1) for the project corridors identified in the Project Understanding. Kimley-Horn will use the
cross sections identified in Task 2 as the basis of the design concept for each facility.
801 •• Fort Worth, TX, 76102
Kim ey>>> Horn Page
The conceptual layout will be reviewed and approved by the City prior start of Task 5. The
conceptual layout will be used for meetings (Task 4) and will be considered 60% design.
Task 3— Meetings
A. Concept Review Meeting (City Staff). Kimley-Horn will prepare for and attend a meeting with
the City to discuss the preliminary concepts.
B. Final Design Review Meeting (City Staff). Kimley-Horn will prepare for and attend a meeting
with the City to discuss the final preferred concept.
C. Miscellaneous Meetings. Kimley-Horn will prepare content for (power point or exhibits) and
attend up to four(4) meetings as requested by City staff.
Task 4— Design Services
Kimley-Horn will create preliminary design plans (90%) for the bicycle pavement marking and signage
plans based on schematic field observation (Task 1) and conceptual layout (Task 2) for the project
corridors identified in the Project Understanding. It is assumed that none of the preliminary design
plans will require curb relocation or signal modifications as part of this scope. It is assumed that
minor survey and ramp/sidewalk maybe needed for spot locations to transition to off-street in up to
two locations.
The bicycle lane and route pavement marking plans will generally include:
• Existing marking and/or marker removal (as needed);
• Proposed bike lane/route signing;
• General Notes;
• Quantities; and
• Proposed bike lane/route pavement markings.
Kimley-Horn will utilize the following design guidelines:
• City design standards;
• AASHTO's Guide for the Development of Bicycle Facilities;
• National Association of City Transportation Officials (NACTO) Urban Bikeway Design Guide;
• Texas Manual on Uniform Traffic Control Devices (TMUTCD); and
• Texas Department of Transportation standards.
Following completion of the preliminary design plans (90%), the Consultant will respond to one (1)
round of comments. The Consultant will revise the preliminary design plans (90%) based on City
comments and submit final design plans (100%).
Task 5— Bidding and Construction Phase Services
A. Bidding. Kimley-Horn anticipates that the project will be bid in one bid package.
• This includes the printing up to three (3) sets for bidder distribution. The entire plan set
will be made available and are anticipated to be distributed electronically.
o Final plans
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Kimley>>> Horn aye
o Final contract documents
o Final opinion of probable construction cost— Note: Because Kimley-Horn does not
control the cost of labor, materials, equipment or services furnished by others,
methods of determining prices, or competitive bidding or market conditions, any
opinions rendered as to costs, including but not limited to opinions as to the costs of
construction and materials shall be made on the basis of its experience and
represent its judgment as an experienced and qualified professional, familiar with the
industry. Kimley-Horn cannot and does not guarantee that proposals, bids or actual
costs will not vary from its opinions of cost.
o Furnishing additional copies of review documents and/or bid documents in excess of
the number of the same identified above will be considered as Additional Services
• Issue bid documents to prospective bidders
• Maintain a list of bidders to whom bidding documents have been issued
• Prepare for and conduct a pre-bid meeting with prospective bidders
• Issue addenda as appropriate to interpret, clarify, or expand the bidding documents
• Attend the Bid Opening
• Tabulate the bids received and evaluate the compliance of the bids received with the
bidding documents.
• Prepare a written summary of this tabulation and evaluation together with a letter
addressing the award of the construction contract
B. Construction Phase Services. Kimley-Horn will prepare for and attend and/or conduct
construction coordination meetings for the corridors listed in the Project Understanding.
Kimley-Horn will respond to reasonable and appropriate Contractor requests for information
(RFIs) and issue necessary clarifications and interpretations of the design plans. Any orders
authorizing variations will be made by the City. If requested, Kimley-Horn will conduct site
visits to the corridors listed above prior to and during construction. It is anticipated that up to
five (5) hours will be needed for each corridor listed in the Project Understanding (20 hours).
Kimley-Horn shall have no responsibility for any contractor's means, methods, techniques,
equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor
shall Kimley-Horn have any authority or responsibility to stop or direct the work of any
contractor. Kimley-Horn neither guarantees the performance of contractors, nor assumes
responsibility for any contractor's failure to perform its work in accordance with the contract
documents.
Services Not Included
Any other services, including but not limited to the following, are not included in this Agreement:
• Meetings in addition to the ones identified in the Scope of Services above.
• Services related to development of the City's project financing and/or budget.
• Services to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the City.
• Performance of miscellaneous and supplemental services related to the project as
requested by the City.
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Kim ey>>> Horn Page
Additional Services
Any services not specifically provided for in the above scope will be provided upon written authorization
form the Client, and billed as additional services and performed at our then current hourly rates.
Information Provided By Client
We shall be entitled to rely on the completeness and accuracy of all information provided by the Client
or the Client's consultants or representatives. The Client shall provide all information requested by
Kimley-Horn during the project, including but not limited to the following: existing topographic survey,
ROW information, and design parameters.
Schedule
We will provide our services as expeditiously as practicable within a mutually agreed upon schedule
Fee and Expenses
Kimley-Horn will perform the services in Tasks 1 - 5 for the total lump sum fee below. Individual task
amounts are informational only. All permitting, application, and similar project fees will be paid directly
by the Client.
Task 1 Data Collection, Base Map Development, and Field Observation $13,500.00
Task 2 Cross Section Development and Conceptual Layout $ 9,000.00
Task 3 Meetings $11,500.00
Task 4 Design Services $37,500.00
Task 5 Biddinq and Construction Phase Services $ 8,000.00
Total Lump Sum Fee $79,500.00
Lump sum fees will be invoiced monthly based upon the overall percentage of services performed.
Payment will be due within 25 days of your receipt of the invoice and should include the invoice number
and Kimley-Horn project number.
Closure
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to,
the attached Standard Provisions, which are incorporated by reference. As used in the Standard
Provisions, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to City
of Coppell, Texas.
Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an
Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please include
the invoice number and Kimley-Horn project number with all payments. Please provide the following
information:
Please email all invoices to
Please copy
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Kim ey>>> Horn Page
If you concur in all the foregoing and wish to direct us to proceed with the services, please have
authorized persons execute both copies of this Agreement in the spaces provided below, retain one
copy, and return the other to us. We will commence services only after we have received a fully-
executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the
date of this letter.
We appreciate the opportunity to provide these services to you. Please contact me if you have any
questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
/ ' v&4"Z 40"4
Jeffrey Whitacre, P.E., AICP, PTP Scott R. Arnold, P.E.
Project Manager Assistant Secretary
CITY OF COPPELL, TEXAS
A Municipality
(Date)
(Print or Type Name and Title)
(Email Address)
Witness
(Print or Type Name)
Attachments — Standard Provisions
Standard Rate Schedule
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Kimley-Horn and Associates, Inc.
Standard Rate Schedule
(Hourly Rate)
Senior Professional 1 $240 - $265
Senior Professional 11 $180 - $250
Professional $160 - $210
Senior Technical Support $115 - $190
Technical Support $70 - $100
Analyst $105 - $175
Support Staff $ 75 - $ 115
Effective July 2017
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KIMLEY-HORN AND ASSOCIATES, INC.
STANDARD PROVISIONS
(1) Consultant's Scope of Services and Additional Services. The Consultant will perform only the services
specifically described in this Agreement. If requested by the Client and agreed to by the Consultant, the Consultant
will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing,
the Client shall pay the Consultant for any Additional Services an amount based upon the Consultant's then-current
hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house reproduction,
postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.15 times
cost.
(2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law,the Client shall:
(a) Designate in writing a person to act as its representative, such person having complete authority to transmit
instructions, receive information, and make or interpret the Client's decisions.
(b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and
all standards of development, design, or construction.
(c) Provide the Consultant all available studies, plans, or other documents pertaining to the project, such as surveys,
engineering data, environmental information, etc., all of which the Consultant may rely upon.
(d) Arrange for access to the site and other property as required for the Consultant to provide its services.
(e) Review all documents or reports presented by the Consultant and communicate decisions pertaining thereto within
a reasonable time so as not to delay the Consultant.
(f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and
consents from other parties as may be necessary.
(g) Obtain any independent accounting, legal, insurance, cost estimating and feasibility services required by Client.
(h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects
the Consultant's services or any defect or noncompliance in any aspect of the project.
(3) Period of Services. Unless otherwise stated herein, the Consultant will begin work after receipt of a properly
executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress
through completion of the services. Times for performance shall be extended as necessary for delays or suspensions
due to circumstances that the Consultant does not control. If such delay or suspension extends for more than six
months, Consultant's compensation shall be renegotiated.
(4) Method of Payment. Client shall pay Consultant as follows:
(a)Invoices will be submitted periodically for services performed and expenses incurred. Payment of each invoice will
be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held by the
Consultant and applied against the final invoice. Interest will be added to accounts not paid within 25 days at the rate
of 12%per year beginning on the 25th day. If the Client fails to make any payment due under this or any other agreement
within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client,
suspend services and withhold deliverables until all amounts due are paid.
(b)If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay Consultant's
invoice within 60 days of receipt, Consultant may communicate directly with such third party to secure payment.
(c) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt
of the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing. If
the Client objects to only a portion of the invoice, payment for all other portions remains due within 25 days of receipt.
(d) If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its
reasonable attorneys'fees, reasonable experts'fees, and other expenses related to the proceedings. Such expenses
shall include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such proceedings by its
employees.
(e) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant
may negotiate payment of any check tendered by the Client,even if the words"in full satisfaction"or words intended to
have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt
and without prejudicing any right of the Consultant to collect additional amounts from the Client.
(5) Use of Documents. All documents and data prepared by the Consultant are related exclusively to the services
described in this Agreement, and may be used only if the Client has satisfied all of its obligations under this Agreement.
They are not intended or represented to be suitable for use or reuse by the Client or others on extensions of this project
or on any other project. Any modifications by the Client to any of the Consultant's documents, or any reuse of the
documents without written authorization by the Consultant will be at the Client's sole risk and without liability to the
Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses
and expenses, including but not limited to attorneys' fees, resulting therefrom. The Consultant's electronic files and
source code remain the property of the Consultant and shall be provided to the Client only if expressly provided for in
Rev 01/18
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this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the
Client, and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies
between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern.
(6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services
furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered
as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment
as a professional familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or
actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost,
it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation
established by the Client will be paid for as Additional Services.
(7) Termination. The obligation to provide further services under this Agreement may be terminated by either party
upon seven days'written notice in the event of substantial failure by the other party to perform in accordance with the
terms hereof, or upon thirty days' written notice for the convenience of the terminating party. The Consultant shall be
paid for all services rendered and expenses incurred to the effective date of termination,and other reasonable expenses
incurred by the Consultant as a result of such termination.
(8) Standard of Care. The standard of care applicable to Consultant's services will be the degree of care and skill
ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services
are provided. No warranty, express or implied, is made or intended by the Consultant's performance of services, and
it is agreed that the Consultant is not a fiduciary with respect to the Client.
(9) LIMITATION OF LIABILITY. IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE
PROJECT TO THE CLIENT AND THE CONSULTANT, THE RISKS ARE ALLOCATED SUCH THAT, TO THE
FULLEST EXTENT ALLOWED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS
AGREEMENT OR THE EXISTENCE OF APPLICABLE INSURANCE COVERAGE, THAT THE TOTAL LIABILITY, IN
THE AGGREGATE, OF THE CONSULTANT AND THE CONSULTANT'S OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS,AND SUBCONSULTANTS TO THE CLIENT OR TO ANYONE CLAIMING BY,THROUGH OR UNDER THE
CLIENT, FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES WHATSOEVER ARISING OUT OF OR IN
ANY WAY RELATED TO THE SERVICES UNDER THIS AGREEMENT FROM ANY CAUSES, INCLUDING BUT NOT
LIMITED TO,THE NEGLIGENCE, PROFESSIONAL ERRORS OR OMISSIONS, STRICT LIABILITY OR BREACH OF
CONTRACT OR ANY WARRANTY, EXPRESS OR IMPLIED, OF THE CONSULTANT OR THE CONSULTANT'S
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS, SHALL NOT EXCEED TWICE THE
TOTAL COMPENSATION RECEIVED BY THE CONSULTANT UNDER THIS AGREEMENT OR $50,000,
WHICHEVER IS GREATER. HIGHER LIMITS OF LIABILITY MAY BE NEGOTIATED FOR ADDITIONAL FEE. THIS
SECTION 9 IS INTENDED SOLELY TO LIMIT THE REMEDIES AVAILABLE TO THE CLIENT OR THOSE CLAIMING
BY OR THROUGH THE CLIENT, AND NOTHING IN THIS SECTION 9 SHALL REQUIRE THE CLIENT TO
INDEMNIFY THE CONSULTANT.
(10) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any
consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits.
(11) Construction Costs. Under no circumstances shall the Consultant be liable for extra costs or other
consequences due to unknown conditions or related to the failure of contractors to perform work in accordance with
the plans and specifications. Consultant shall have no liability whatsoever for any costs arising out of the Client's
decision to obtain bids or proceed with construction before the Consultant has issued final, fully-approved plans and
specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully
approved and all permits obtained.
(12) Certifications. The Consultant shall not be required to execute certifications or third-party reliance letters that
are inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would cause the
Consultant to violate applicable rules of professional responsibility.
(13) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first
to mediation in accordance with the American Arbitration Association as a condition precedent to litigation. Any
mediation or civil action by Client must be commenced within two years of the accrual of the cause of action asserted
but in no event later than allowed by applicable statutes.
(14) Hazardous Substances and Conditions. Consultant shall not be a custodian, transporter, handler, arranger,
contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to
analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal,
or remediation. The Consultant will notify the Client of unanticipated hazardous substances or conditions of which the
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Consultant actually becomes aware. The Consultant may stop affected portions of its services until the hazardous
substance or condition is eliminated.
(15) Construction Phase Services.
(a) If the Consultant prepares construction documents and the Consultant is not retained to make periodic site visits,
the Client assumes all responsibility for interpretation of the documents and for construction observation,and the Client
waives any claims against the Consultant in any way connected thereto.
(b) The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice
and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or
responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring
to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to
the construction documents prepared by the Consultant. Consultant neither guarantees the performance of
contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract
documents.
(c) The Consultant is not responsible for any duties assigned to it in the construction contract that are not expressly
provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor
shall be solely responsible for job site safety and its means and methods; that the contractor shall indemnify the Client
and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant
shall be made additional insureds under the contractor's general liability insurance policy.
(16) No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits
to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this
Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights
under or interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the
written consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it
deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the
Consultant will maintain the agreed-upon billing rates for services identified in the contract, regardless of whether the
services are provided by in-house employees, contract employees, or independent subconsultants.
(17) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project
and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its
services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential,
the Consultant shall use reasonable care to maintain the confidentiality of that material.
(18) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Texas. This Agreement
contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous
negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section
1, this Agreement can be supplemented or amended only by a written document executed by both parties. Any
conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly
rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of
such unenforceability without invalidating the remaining provisions. The non-enforcement of any provision by either
party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the
remainder of this Agreement.
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7
T H E • C I T Y • O F
CO I PPELL
MEMORANDUM
To: CRDC Board Members
From: Noel Bernal, Deputy City Manager
Date: April 25, 2018
Reference: Performing Arts Center CRDC Public Hearing
2030: Sustainable City Government, Goal 3
Excellent and Well-maintained City Infrastructure and Facilities
Introduction: This is a Resolution to authorize the Coppell Recreation and Development
Corporation (CRDC) to take the necessary legal process to consider whether
or not to construct and finance a performing arts center. In November of 2013
the citizens of Coppell approved a proposition to expand the use of sales tax
for the development of`public facilities' and `entertainment venues' with the
use of a portion of the municipal authorized sales tax. Over the last several
years in various public meetings, work sessions and by adoption of the City
vision statement (Coppell 2030), the Council, CRDC, and the community
have contemplated the construction of a performing arts center in Old Town.
In order to formally consider such projects statutory and legal process steps
must be completed and public hearing held by the Corporation.
Analysis: Prior to performing art center project, a decision by the City Council to
consider whether or not to construct and use sales tax revenues, the CRDC
must set and conduct a public hearing. The CRDC has set a meeting for April
25, 2018 to consider whether to establish a public hearing date to receive
public comment. Hence, the Council must adopt a resolution authorizing the
Corporation to set a public hearing. After such public hearing, the CRDC
would then consider whether or not to move forward with this project and
make its recommendation to Council. This Resolution authorized the CRDC
to consider establishing a public hearing date.
Legal Review: Yes. Robert E. Hager, Esq.
Fiscal Impact: None
Recommendation: To adopt a resolution to authorize the CRDC to establish and conduct a public
hearing concerning whether or not to undertake such project.
1
CERTIFICATE FOR RESOLUTION
THE STATE OF TEXAS
COPPELL RECREATION DEVELOPMENT CORPORATION
We, the undersigned officers of the Coppell Recreation Development Corporation (the
"Corporation"), hereby certify as follows:
1. The Board of Directors (the 'Board") of the Corporation convened in a regular meeting
on April 25, 2018, at the designated meeting place, and the roll was called of the duly constituted
officers and members of the Board, to wit:
Mark Tepper, President
Biju Mathew, Vice President
Mahbuba Khan, Secretary
Karen Hunt
Marvin Franklin
Noah Webster
and all of said persons were present except
thus constituting a quorum. Whereupon, among other business, the following was transacted at
said meeting: a written
RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENT TO UNDERTAKE
PROJECTS AND NOTICE OF PUBLIC HEARING
was duly introduced for the consideration of the Board. It was then duly moved and seconded that
said Resolution be adopted and, after due discussion, said motion, carrying with it the adoption of
said Resolution, prevailed and carried with all members present voting "AYE" except the
following:
NAY: ABSTAIN:
2. That a true, full and correct copy of the aforesaid Resolution adopted at the meeting
described in the above and foregoing paragraph is attached to and follows this Certificate;that said
Resolution has been duly recorded in the Board minutes of said meeting; that the above and
foregoing paragraph is a true, full and correct excerpt from the Board minutes of said meeting
pertaining to the adoption of said Resolution;that the persons named in the above and foregoing
paragraph are the duly chosen, qualified and acting officers and members of the Board as indicated
therein; that each of the officers and members of the Board was duly and sufficiently notified
officially and personally, in advance, of the time, place and purpose of the aforesaid meeting, and
that said Resolution would be introduced and considered for adoption at said meeting, and each of
said officers and members consented, in advance,to the holding of said meeting for such purpose,
and that said meeting was open to the public and public notice of the time, place and purpose of
said meeting was given, all as required by Chapter 551, Texas Government Code.
3. The Board has approved and hereby approves the aforesaid Resolution; and the
President and Secretary of the Board hereby declare that their signing of this Certificate shall
constitute the signing of the attached and following copy of said Resolution for all purposes.
SIGNED AND SEALED ON , 2018.
Secretary, Board of Directors President, Board of Directors
(Seal)
RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENT TO
UNDERTAKE PROJECTS AND NOTICE OF PUBLIC HEARING
WHEREAS,the Board of Directors (the "Board") of the Coppell Recreation Development
Corporation (the "Corporation"), created by the City of Coppell, Texas (the "City"), in accordance
with Article 5190.6, V.A.T.C.S., Section 413, and now operating under Texas Local Government
Code, Chapter 505 (the "Act"), has determined that it is advisable and in the best interests of the
Corporation to give notice of the intention of the Corporation to undertake, and to call a public
hearing on, the following projects:
(i) construction, acquisition and equipment of a performing arts center and
(ii) construction, acquisition and equipment of related parking facilities, related
roads, streets and water and sewer facilities and other related improvements that
enhance any of the items listed above (collectively, the "Projects")
which Projects will be financed with Certificates of Obligations on behalf of the Corporation or
other funds of the Corporation, and paid from sales tax revenues and other resources of the
Corporation; and
WHEREAS, it is hereby officially found and determined that the meeting at which this
Resolution was passed,was open to the public and public notice of the time,place, and purpose of
said meeting was given, all as required by Chapter 551, Texas Government Code;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
COPPELL RECREATION DEVELOPMENT CORPORATION:
Section 1. FORM OF NOTICE. Attached hereto as Exhibit A is a form of Notice of
Project and Notice of Public Hearing, the form and substance of which is hereby adopted and
approved.
Section 2. PUBLICATION OF NOTICE. Said Notice shall be published, in substantially
the form attached hereto, in a newspaper, as defined in Texas Government Code Sec. 2051.044, of
general circulation in the area of the City.
Section 3. PUBLIC HEARING. A public hearing shall be held on the proposed Projects
on 24th day, May, 2018, at 6:30 p.m., at the City Council Chambers, Town Center, 255 Parkway
Blvd., Coppell, Texas 75019.
Section 4. EFFECTIVE DATE. This Resolution shall become effective immediately upon
adoption.
-------------------------------
Exhibit A
COPPELL RECREATION DEVELOPMENT CORPORATION
NOTICE OF PROJECTS AND NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Coppell Recreation Development Corporation(the
"Corporation"), a non-profit corporation created pursuant to the Development Corporation Act of
1979, Article 5190.6, Vernon's Texas Civil Statutes, Section 413, and now operating under Texas
Local Government Code, Chapter 505 (the "Act"), intends to undertake the following projects:
(i) construction, acquisition and equipment of a performing arts center and (ii) construction,
acquisition and equipment of related parking facilities, related roads, streets and water and sewer
facilities and other related improvements that enhance any of the items listed above (collectively,
the "Projects"), in order to provide public facilities and improvements for the benefit of its
residents, and to promote and encourage employment and public welfare and to promote and
develop new and expanded business enterprises as authorized by the Act. The Projects will be
financed with Certificates of Obligations on behalf of the Corporation or other funds of the
Corporation,and paid from sales tax revenues and other resources of the Corporation. The Projects
shall include the land, equipment, facilities and improvements (one or more) found by the
Corporation's Board of Directors to be required or suitable for the promotion and development of
the Projects, and may include the funding of a reserve fund for the obligations. The costs of the
Projects are estimated not to exceed $16,000,000. The Corporation will hold a public hearing at
6:30 p.m. on 24th day,May,2018,at the City Council Chambers, Town Center,255 Parkway Blvd.,
Coppell, Texas 75019, on the expenditure of funds for the proposed Projects. All interested
persons are invited to attend the public hearing and speak for or against the undertaking of the
proposed Projects.
COPPELL RECREATION DEVELOPMENT CORPORATION