CP 2021-05-11o I'll""'
COFFELL
Tuesday, May 11, 2021
City of Coppell, Texas
Meeting Agenda
City Council
5:30 PM
KAREN HUNT MARK HILL
Mayor Mayor Pro Tem
CLIFF LONG GARY RODEN
Place 1 Place 4
BRIANNA HINOJOSA-SMITH JOHN JUN
Place 2 Place 5
WES MAYS BIJU MATHEW
Place 3 Place 6
MIKE LAND
City Manager
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
RECEPTION FOR RETIRING MAYOR KAREN HUNT AND COUNCILMEMBER GARY RODEN -
5:30 P.M. - 7:30 P.M. - TOWN CENTER ATRIUM
As authorized by Section 418.016(e) of the Texas Government Code, on March 16, 2020,
Governor Greg Abbott suspended various provisions that require government officials and
members of the public to be physically present at a specified meeting location.
The following requirements have been suspended by the governor:
Council Chambers
1. A quorum of the city council need not be present at one physical location. Id. § 551.127(b).
2. In light of (1), above, the meeting notice need not specify where the quorum of the city
council will be physically present and the intent to have a quorum present. Id. § 551.127(e).
3. In light of (1) above, the meeting held by videoconference call is not required to be open to
the public at a location where council is present. Id. § 551.127(f).
4. The audio and video are not required to meet minimum standards established by Texas
Department of Information Resources (DIR) rules, the video doesn't have to be sufficient that
a member of the public can observe the demeanor of the participants, the members faces
don't have to be clearly visible at all times, and the meeting can continue even if a connection
is lost, so long as a quorum is still present. Id. § 551.127(a-3); (h); (i); Q).
City of Coppell, Texas Page 1 Printed on 5/7/2021
City Council Meeting Agenda May 11, 2021
Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular
Called Session at 7:30 p.m., Executive Session will follow immediately after, to be held at Town
Center, 255 E. 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:
Regular Session (Open to the Public) Council Chambers
1. Call to Order
2. Invocation 7:30 p.m.
3. Pledge of Allegiance
4. Swearing in of Mayor and Councilmembers for Places 2, 4, and 6.
5. Consider approval of a Proclamation naming May 11, 2021, as "Karen
Hunt Appreciation Day," and authorizing the Mayor to sign.
Attachments: Karen Hunt Proclamation.pdf
6. Consider approval of a Proclamation naming May 11, 2021, as "Gary
Roden Appreciation Day," and authorizing the Mayor to sign.
Attachments: Gary Roden Proclamation.pdf
7. Consider approval of a Proclamation celebrating Metrocrest Services 50th
Anniversary Year; and authorizing the Mayor to sign.
Attachments: Metrocrest Services 50th Anniversary.pdf
8. Citizens' Appearance
9. Consider approval of the minutes: April 27, 2021.
Attachments: CM 2021-04-27. df
10. Consider approval of an agreement with Mackbeth Corporation for
contracted food and beverage services for the Arts Center, not to exceed
$10,000 for fiscal year 20-21 as budgeted; and authorizing the City
Manager to sign any necessary documents.
Attachments: Memo.pdf
Agreement.pdf
City of Coppell, Texas Page 2 Printed on 5/7/2021
City Council Meeting Agenda May 11, 2021
11. Consider approval of a Resolution allowing for a Memorandum of
Understanding between the City of Coppell and the Coppell Arts Center
Foundation; and authorizing the Mayor to sign and the City Manager to
execute any necessary documents.
Attachments: Memo.pdf
Resolution.pdf
Memorandum of Understanding.pdf
12. Consider approval of an Amended and Restated Economic Development
Incentive Agreement by and between the City of Coppell and Varidesk,
LLC; and authorizing the Mayor to sign.
Attachments: Varidesk Amended and Restated Eco Dev Agreement Memo.pdf
Varidesk LLC Amended and Restated Agreement.pdf
13. Consider approval to enter into a contract with DDM Construction
Corporation; for the reconstruction of Plantation Drive and Mossy Oaks
Street; in the amount of $5,390,327.90; with a maximum potential incentive
of $67,500.00; for a total contract amount of $5,457,827.90; as provided
by 2020 Bond proceeds; and authorizing the City Manager to sign any
necessary documents.
Attachments: Plantation Mossy Oaks Construction Award Memo.pdf
TAX 2015B ExhibijL.pdf
Bid Tab- Ranked.pdf
DDM Proposal.pdf
iC all QIN aaA_1V10lei
Consider approval of a Resolution granting a variance of seventy-two (72')
feet to Maple Mart, from the 300 -foot prohibited requirement, for the
off -premise sale of alcoholic beverages, with a business address being
1301 E. Belt Line Road; and authorizing the Mayor to sign.
Attachments: Maple Mart Memo 2021.pdf
15. Discussion regarding mask mandate in city facilities.
16. City Manager Reports - Project Updates and Future Agendas
17. Mayor and Council Reports
Report by the City Council on recent and upcoming events.
City of Coppell, Texas Page 3 Printed on 5/7/2021
City Council Meeting Agenda May 11, 2021
18. Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
19. Executive Session (Closed to the Public) 1st Floor Conference Room
Section 551.087, Texas Government Code - Economic Development Negotiations.
Discussion regarding economic development prospects south of Canyon
Drive and west of Denton Tap Road.
20. Necessary Action from Executive Session
21. Adjournment
Karen Selbo Hunt, 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 7th day of May, 2021, at
Ashley Owens, City Secretary
PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE AND OPEN CARRY LEGISLATION
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public programs,
services and/or meetings, the City requests that individuals make requests for these services
seventy-two (72) hours — three (3) business days ahead of the scheduled program, service,
and/or meeting. To make arrangements, contact Kori Allen, ADA Coordinator, or other
designated official at (972) 462-0022, or (TDD 1 -800 -RELAY, TX 1-800-735-2989).
Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun),
a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing
law), may not enter this property with a concealed handgun.
Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried
handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun
licensing law), may not enter this property with a handgun that is carried openly.
City of Coppell, Texas Page 4 Printed on 5/7/2021
C',P FE L
File ID: 2021-5669
Version: 1
File Name: Oaths of Office
City of Coppell, Texas
Master
File Number: 2021-5669
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Agenda Ready
In Control: City Council
File Created: 05/03/2021
Final Action:
Title: Swearing in of Mayor and Councilmembers for Places 2, 4, and 6.
Notes:
Sponsors:
Attachments:
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2021-5669
Title
Swearing in of Mayor and Councilmembers for Places 2, 4, and 6.
Summary
City of Coppell, Texas Page 1 Printed on 5/7/2021
C',P FE L
File ID: 2021-5689
Version: 1
File Name: KH Proclamation
City of Coppell, Texas
Master
File Number: 2021-5689
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Proclamations
In Control:
City Council
File Created:
05/07/2021
Final Action:
Title: Consider approval of a Proclamation naming May 11, 2021, as "Karen Hunt
Appreciation Day," and authorizing the Mayor to sign.
Notes:
Sponsors: Enactment Date:
Attachments: Karen Hunt Proclamation.pdf Enactment Number:
Contact: Hearing Date:
Drafter: Effective Date:
Related Files:
History of Legislative File
ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2021-5689
Title
Consider approval of a Proclamation naming May 11, 2021, as "Karen Hunt Appreciation Day,"
and authorizing the Mayor to sign.
Summary
Fiscal Impact:
None
Staff Recommendation:
Approval recommended.
City of Coppell, Texas Page 1 Printed on 5/7/2021
T III ! .P: �V . 0 F.
PROCLAMATION
WHEREAS, Karen Hunt has lived with her husband, Larry, in Coppell for 24 years, and
has two grown sons, Kyle and Bryce, whom are graduates of Coppell Independent School District;
and;
WHEREAS, Karen has served the community as Mayor for nine years and council member
for four years; and
WHEREAS, during her time in Coppell, she represented the city while serving on
numerous boards and committees, such as the Dallas Regional Mobility Coalition, the Dallas Fort
Worth International Airport Board, the North Texas Commission, an active member of the Coppell
Chamber of Commerce, and most recently served as President on the Board of Directors for Texas
Municipal League; and
WHEREAS, Mayor Hunt was instrumental in overseeing the growth of our community,
which included the opening of 265 Parkway, the building of Life Safety Park, the renovation of
Cozby Library and Community Commons, the Andrew Brown Park redevelopment, and Coppell
Arts Center; and
WHEREAS, Mayor Hunt's guidance and selfless public service have clearly shaped the
city of Coppell and helped to make it the thriving community it is today.
NOW, THEREFORE, I, Wes Mays, Mayor of the City of Coppell, do hereby proclaim
Tuesday, May 11th as
"KAREN HUNT APPRECIATION DAY"
IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell
to be affixed this 11th day of May 2021.
Wes Mays, Mayor
ATTEST:
Ashley Owens, City Secretary
City of Coppell, Texas
C',P FE L
File ID: 2021-5690
Version: 1
File Name: Gary Roden Proclamation
Master
File Number: 2021-5690
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Proclamations
In Control:
City Council
File Created:
05/07/2021
Final Action:
Title: Consider approval of a Proclamation naming May 11, 2021, as "Gary Roden
Appreciation Day," and authorizing the Mayor to sign.
Notes:
Sponsors: Enactment Date:
Attachments: Gary Roden Proclamation.pdf Enactment Number:
Contact: Hearing Date:
Drafter: Effective Date:
Related Files:
History of Legislative File
ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2021-5690
Title
Consider approval of a Proclamation naming May 11, 2021, as "Gary Roden Appreciation
Day," and authorizing the Mayor to sign.
Summary
Fiscal Impact:
None
Staff Recommendation:
Approval recommended.
City of Coppell, Texas Page 1 Printed on 5/7/2021
T III ! .P: �V . 0 F.
PROCLAMATION
WHEREAS, Gary Roden and his wife, Lisa, chose to raise their family in Coppell, all
while serving the community as a council member for 13 years and a member of the Economic
Development Committee for 14 years; and
WHEREAS, Gary assisted in the city's transition from a sparsely developed suburban
town, to a much sought-after community of over 40,000 residents today; and
WHEREAS, Gary played a significant factor in the economic growth of the city in the late
1990s and early 2000s while serving as the Vice -Chair of the Economic Development Committee
until 2012; and
WHEREAS, Gary was then elected to the Coppell City Council in 2012, and in that time
served as a representative for the Dallas Regional Mobility Coalition and as the liaison to the
Coppell Seniors Center; and
WHEREAS, throughout his unselfish service, Gary has displayed exemplary leadership,
character, ethics, and morals, and for that, the City of Coppell is grateful for his dedication.
NOW, THEREFORE, I, Wes Mays, Mayor of the city of Coppell, do hereby proclaim
Tuesday, May 11, 2021, as
"GARY RODEN APPRECIATION DAY"
IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell
to be affixed this l lm day of May 2021.
Wes Mays, Mayor
ATTEST:
Ashley Owens, City Secretary
City of Coppell, Texas
C',P FE L
File ID: 2021-5672
Version: 1
File Name: Metrocrest Proclamation
Master
File Number: 2021-5672
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Proclamations
In Control:
City Council
File Created:
05/03/2021
Final Action:
Title: Consider approval of a Proclamation celebrating Metrocrest Services 50th
Anniversary Year; and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: Metrocrest Services 50th Anniversary.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2021-5672
Title
Consider approval of a Proclamation celebrating Metrocrest Services 50th Anniversary Year;
and authorizing the Mayor to sign.
Summary
City of Coppell, Texas Page 1 Printed on 5/7/2021
T III 'F FNI .P: �,�.. 0 F
COPPELL
PROCLAMATION
WHEREAS, Metrocrest Services provides individuals, families and seniors with programs
that lead to self-sufficiency and that foster independence; and
WHEREAS, Metrocrest Services is the only agency providing a comprehensive approach to
social services in the Metrocrest area, addressing gaps in finances, employment and nutrition to help
end poverty and decrease inequities; and
WHEREAS, Metrocrest Services is celebrating 50 years of unwavering support to the most
vulnerable in our community, serving clients over the past half -century, and 1,101 residents of
Coppell in the year 2020; and
WHEREAS, Metrocrest Services connects our community in a network of support,
enabling our businesses and citizens alike to help one another.
NOW, THEREFORE, I, Wes Mays, Mayor of the City of Coppell do urges citizens of the
City of Coppell to celebrate
METROCREST SERVICES
AND BE IT FURTHER RESOLVED that this city is committed to the continued support of
Metrocrest Services.
IN WITNESS THERE OF, I have set my hand and caused the seal of the City of Coppell to be
affixed this l lm day of May 2021.
ATTEST:
Ashley wens, City Secretary
Wes Mays, Mayor
C',P FE L
File ID: 2021-5670
Version: 1
File Name: Minutes 4/27/21
City of Coppell, Texas
Master
File Number: 2021-5670
Type: Agenda Item
Reference:
Title: Consider approval of the minutes: April 27, 2021.
Notes:
Sponsors:
Attachments: CM 2021-04-27.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Agenda Ready
In Control: City Council
File Created: 05/03/2021
Final Action:
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2021-5670
Title
Consider approval of the minutes: April 27, 2021.
Summary
City of Coppell, Texas Page 1 Printed on 5/7/2021
CFFELL
Tuesday, April 27, 2021
KAREN HUNT
Mayor
CLIFF LONG
Place 1
BRIANNA HINOJOSA-SMITH
Place 2
WES MAYS
Place 3
MIKE LAND
City Manager
City of Coppell, Texas
Minutes
City Council
5:30 PM
MARK HILL
Mayor Pro Tem
GARY RODEN
Place 4
JOHN JUN
Place 5
BIJU MATHEW
Place 6
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Council Chambers
Present 8 - Karen Hunt -,Cliff Long;Brianna Hinojosa-Smith;Wes Mays;Gary Roden -,John
Jun;Biju Mathew and Mark Hill
Also present were Deputy City Managers Traci Leach and Vicki Chiavetta, City Attorney
Robert Hager, and City Secretary Ashley Owens.
The City Council of the City of Coppell met in Regular Session on Tuesday, April 27,
2021 at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway
Boulevard, Coppell, Texas.
1. Call to Order
As a result of recent Declarations of Emergency made by Dallas County and the
City of Coppell in regards to the current pandemic, Governor Abbott has
permitted for governing bodies to meet remotely and to conduct open
meetings virtually.
Mayor Karen Hunt called the meeting to order, determined that a quorum was
present and convened into the Executive Session at 5:31 p.m.
2. Executive Session (Closed to the Public) 1st Floor Conference Room
Section 551.072, Texas Government Code - Deliberation regarding Real Property.
A. Discussion regarding real property located south of East Belt Line Road
City of Coppell, Texas Page 1
City Council Minutes April 27, 2021
and east of South Belt Line Road.
Discussed under Executive Session
Section 551.087, Texas Government Code - Economic Development Negotiations.
B. Discussion regarding property located south of Bethel Road and west of
S. Coppell Road.
Discussed under Executive Session
Section 551.074, Texas Government Code - Personnel Matters.
C. Discussion regarding Alternate Municipal Judge.
Discussed under Executive Session
3. Work Session (Open to the Public) Council Chambers
Mayor Karen Hunt adjourned the Executive Session at 6:06 p.m. and
reconvened into the Work Session at 6:16 p.m.
A. Discussion regarding agenda items.
B. Future Oriented Approach to Residential Development (FOARD)
Taskforce Report.
C. Discussion regarding Oncor's Distribution Cost Recovery Factor
(DCRF) resolution.
D. Discussion regarding Texas -New Mexico Power's Distribution Cost
Recovery Factor (DCRF) resolution.
E. Discussion regarding mask mandate in city facilities.
Presented in Work Session
Regular Session
Mayor Karen Hunt adjourned the Work Session at 7:15 p.m. and reconvened
into the Regular Session at 7:31 p.m.
4. Invocation 7:30 p.m.
Councilmember Biju Mathew gave the invocation.
5. Pledge of Allegiance
Mayor Karen Hunt and the City Council led those present in the Pledge of
Allegiance.
6. Citizens' Appearance
Mayor Hunt asked for those who signed up to speak:
City of Coppell, Texas Page 2
City Council Minutes April 27, 2021
1) Tom Garding, 927 Moonlight Cove, spoke in regards to the Grapevine
Springs Community and Senior Center and vaccines for COVID-19.
Proclamations
7. Consider approval of a Proclamation designating the week of May
16-22, 2021, as "National Public Works Week"; and authorizing the
Mayor to sign.
8. Consent Agenda
Mayor Karen Hunt read the proclamation into the record and presented the
same to Public Works Director Kent Collins. A motion was made by Mayor Pro
Tem Mark Hill, seconded by Councilmember Gary Roden, that this Agenda
Item be approved. The motion passed by an unanimous vote.
At this time, Mayor Karen Hunt requested that Consent Agenda Item D be
pulled and considered at the May 11, 2021 meeting.
A. Consider approval of the minutes: April 13, 2021.
A motion was made by Councilmember Gary Roden, seconded by
Councilmember Cliff Long, that Consent Agenda Items A -C, E, and F be
approved. The motion passed by an unanimous vote.
B. Consider approval of an Ordinance for PD -280R -R (Planned
Development -280 Revised- Retail) to approve a Detail Site Plan for the
construction and maintenance of Lift Station to be located on 0.725
acres of land on the south side of Sandy Lake Road, approximately
1,100 feet east of MacArthur Boulevard; and authorizing the Mayor to
sign.
A motion was made by Councilmember Gary Roden, seconded by
Councilmember Cliff Long, that Consent Agenda Items A -C, E, and F be
approved. The motion passed by an unanimous vote.
Enactment No: OR 91500-A-767
C. Consider approval of awarding a contract for the metal
restoration/re-coating of the roof at the Coppell Senior Center; to the
Garland Company; in the amount of $157,500.00; as budgeted; and
authorizing the City Manager to sign any necessary documents
A motion was made by Councilmember Gary Roden, seconded by
Councilmember Cliff Long, that Consent Agenda Items A -C, E, and F be
approved. The motion passed by an unanimous vote.
D. Consider approval of a Resolution allowing for a Memorandum of
Understanding between the City of Coppell and the Coppell Arts Center
Foundation; and authorizing the Mayor to sign and the City Manager to
execute any necessary documents.
Pulled
City of Coppell, Texas Page 3
City Council Minutes April 27, 2021
E. Consider approval of a Resolution denying a proposed application filed
on April 8, 2021 by Oncor Electric Delivery Company to amend its
Distribution Cost Recovery Factor (DCRF) to increase distribution rates
within the city; and authorizing the Mayor to sign.
A motion was made by Councilmember Gary Roden, seconded by
Councilmember Cliff Long, that Consent Agenda Items A -C, E, and F be
approved. The motion passed by an unanimous vote.
Enactment No: RE 2021-0427.1
F. Consider approval of a Resolution denying a proposed application filed
on April 5, 2021 by Texas -New Mexico Power to amend its Distribution
Cost Recovery Factor ("DCRF") to increase distribution rates within the
city; and authorizing the Mayor to sign.
A motion was made by Councilmember Gary Roden, seconded by
Councilmember Cliff Long, that Consent Agenda Items A -C, E, and F be
approved. The motion passed by an unanimous vote.
Enactment No: RE 2021-0427.2
End of Consent Agenda
9. Consider approval of an Ordinance authorizing the issuance and sale of
"City of Coppell, Texas, General Obligation Refunding Bonds, Series
2021" and approving various documents related to such bonds, and
authorizing the Mayor to sign.
Presentation: Kim Tiehen, Assistant Director of Finance, made a presentation
to the City Council.
A motion was made by Councilmember Wes Mays, seconded by Mayor Pro
Tem Mark Hill, that this Agenda Item be approved. The motion passed by an
unanimous vote.
Enactment No: OR 2021-1556
10. Consider approval of an Ordinance authorizing the issuance and sale of
City of Coppell, Texas, Combination Tax and Limited Surplus Revenue
Certificates of Obligations, Series 2021; approving various documents
related to such certificates of obligation; and authorizing the Mayor to
sign.
Presentation: Kim Tiehen, Assistant Director of Finance, made a presentation
to the City Council.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Cliff Long, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Enactment No: OR 2021-1557
City of Coppell, Texas Page 4
City Council Minutes April 27, 2021
11. Consider approval of an Ordinance of the City of Coppell, Texas,
Amending the Code of Ordinances by amending Chapter 9 "General
Regulations", Article 9-1 "Animal Services", Section 9-1-1 "Definitions" of
the Code of Ordinances to add the definitions of "Tether', "Tethering
Device", and "Properly Fitted"; Amending the Code of Ordinances by
amending Chapter 9 `General Regulations', Article 9-1 "Animal
Services", Section 9-1-3 "Running At Large" of the Code of Ordinances
by replacing it in its entirety and replacing with a new section 9-1-3
"Running At Large/Restraint"; and authorizing the Mayor to sign.
Presentation: Chief of Police Danny Barton made a presentation to the City
Council.
A motion was made by Councilmember Biju Mathew, seconded by Mayor Pro
Tem Mark Hill, that this Agenda Item be approved. The motion passed by an
unanimous vote.
Enactment No: OR 2021-1558
12. City Manager Reports - Project Updates and Future Agendas
City Manager Mike Land gave the following project updates:
Cambria/Wise Way Reconstruction — The project has started, with utility work
expected to continue through the end of May. Paving on Cambria is expected
to extend into August, with Wise Way wrapping up in September. Traffic is
currently one-way westbound from Willow Springs Drive to the cul-de-sac with
egress through the alleys. During Wise Way road reconstruction, traffic will be
one way southbound from Cambria Drive to Shadowcrest Lane. Residents and
first responders have been informed.
The Simmons alley project is underway with paving expected to begin this
week.
Airline Road — Street paving on the south lanes was completed yesterday,
driveway and inlet pours on south lanes to be completed next week. Sidewalk
construction began this week. Traffic switch to the new pavement in next 3-4
weeks, with weather permitting.
Grapevine Springs Park Dredging and Wall Repair project advertised for bids
on April 17th and 23rd. A Pre -Bid meeting is scheduled for April 29th, the Bid
Opening will be May 6th.
13. Mayor and Council Reports
Report by the City Council on recent and upcoming events.
Election Day is May 1st for the Municipal General and Special Election. Polls
will be open from 7 AM to 7 PM. Voting by personal appearance is available
for Dallas County residents at Coppell Town Center. Denton County residents
must vote at Victorious Life Church, 2671 MacArthur Boulevard, Lewisville, TX
75067. More information can be found on the City Secretary's Election page at
coppelltx.gov/election. Voting will also be conducted at Wilson, Mockingbird,
City of Coppell, Texas Page 5
City Council Minutes April 27, 2021
Lakeside, Cottonwood, and Riverchase Elementary schools from 7 AM to 7 PM.
Get ready to be entertained by the Coppell Community Chorale's Mix Tape
Volume 2, Spring Concert on May 8th at 7 pm at the Coppell Arts Center! What
is a Mix -Tape? A Mix -Tape (n): is a compilation of music that moves one's
soul, usually produced on a cassette or CD. (That's an old school playlist for
the youngins out there.)
14. Council Committee Reports concerning items of community involvement with no
Council action or deliberation permitted.
A. Report on Carrollton/Farmers Branch ISD/Lewisville ISD - Mayor Pro
Tem Mark Hill and Councilmember Brianna Hinojosa-Smith
B. Report on Coppell ISD - Councilmembers Brianna Hinojosa-Smith
and Biju Mathew
C. Report on Coppell Seniors - Councilmember Gary Roden
Mayor Pro Tem Mark Hill reported the CFBISD Enrollment Team will be
on -hand to help complete online enrollment for the 2021-2022 school year.
On-site staff and computers will be available, free door prize giveaways on
Saturday, May 1, at Ranchview High School, 8401 Valley Ranch Pkwy E Irving,
TX 75063, from 9 a.m. - 12 p.m.
The Flower Mound High School girls' soccer team used two second -half goals
from senior Riley Baker to top Austin Vandergrift 2-1 and claim the University
Interscholastic League Class 6A state championship on April 16 at Birkelbach
Field in Georgetown, Texas.
The United States Environmental Protection Agency (EPA) and the U.S.
Department of Energy (DOE) recently announced Lewisville ISD as a recipient
of the 2021 ENERGY STAR Partner of the Year award. The honor, presented
annually, recognizes organizations nationwide that exhibit dedication to
managing energy use and have made contributions toward protecting the
environment via superior energy achievements. Out of the thousands of
entities who partner with ENERGY STAR, LISD is one of 206 organizations, and
one of only 10 school districts across the country, to receive an award this year.
LISD released modifications to Level Orange: Face coverings are still required
at all facilities. Limited visitors will be allowed on campuses. Desk shields will
now be optional per updated CDC guidelines.
Councilmember Brianna Hinojosa-Smith reported that the National School
Public Relations Association (NSPRA) has awarded CISD Superintendent Dr.
Brad Hunt the 2021 Communication Technology Award for Superintendents. He
was selected from among a competitive field of nearly 30 nominees this year.
Coppell ISD is also holding an election for the Board of Trustees Place 7;
election day is May 1st. The last day of school is May 26. Students in Pre -K
through 11th grade will begin to receive emails regarding registration for next
year. Coppell High School Boys Hockey Team won the Division 2A state
championship.
Councilmember Biju Mathew reported that two Coppell Debate teams recently
won state championships and CISD high school debate students continue to
succeed at the highest levels. Two teams from Coppell High School won state
City of Coppell, Texas Page 6
City Council Minutes April 27, 2021
championships at the Texas Forensic Association tournament held March
19-21. The team of CHS Senior Arnav Kashyap and Junior Ananya Chintalapudi
are the Cross -Examination Debate State Champions. The team of Senior
Shabbir Bohri and New Tech High @ Coppell Senior Sahil Chiniwala are the
Public Forum Debate State Champions.
Councilmember Gary Roden reported that Coppell Senior & Community Center
at Grapevine Springs will reopen on Monday, May 3. During this initial phase
of reopening, hours and activities will be limited. Due to the recent facility
closure, memberships will be renewed FREE of charge through December 31.
To renew your membership, please sign-up to reserve a time to come to the
facility and have a staff member assist you or call the center to renew over the
phone.
New memberships are now available and are also FREE of charge through
December 31. Valid ID is required to sign-up.
15. Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
Nothing to report.
16. Necessary Action from Executive Session
17. Adjournment
A motion was made by Councilmember Gary Roden, seconded by
Councilmember Cliff Long, to authorize the City Manager to execute a petition
to create Dallas County Irrigation District 1 in Dallas County on property owned
by the City of Coppell generally located at Northlake, city owned property
adjacent thereto within the City of Dallas, Dallas County including the
impoundment infrastructure (Dam) and lake storage tract; and, authorize the
City Attorney to take appropriate action to file such petition and take necessary
action consistent at the County Commissioners Court creating said district. The
motion passed by an unanimous vote.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Biju Mathew, to authorize the approval of a purchase/sale
agreement to sell property generally located at Lot 3R, Block D of the Old
Town Addition, Coppell, Dallas County, Texas, by and between the City of
Coppell and the Coppell Economic Development Foundation, for economic
development purpose of construction and maintenance of a two story
retail/office and residential space for the sale price of $171,000.00; and,
authorize the City Manager to execute such agreement; and, authorize the
Mayor to execute any conveyance instrument(s). The motion passed by an
unanimous vote.
There being no further business before the City Council, the meeting was
adjourned at 8:31 p.m.
City of Coppell, Texas Page 7
City Council Minutes April 27, 2021
Wes Mays, Mayor
ATTEST:
Ashley Owens, City Secretary
City of Coppell, Texas Page 8
City of Coppell, Texas
C',P FE L
File ID: 2021-5631
Version: 1
File Name: CAC Catering Contract
Master
File Number: 2021-5631
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Agenda Ready
In Control:
Parks and
Recreation
File Created:
04/05/2021
Final Action:
Title: Consider approval of an agreement with Mackbeth Corporation for contracted
food and beverage services for the Arts Center, not to exceed $10,000 for
fiscal year 20-21 as budgeted; and authorizing the City Manager to sign any
necessary documents.
Notes:
Sponsors:
Attachments: Memo.pdf, Agreement.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2021-5631
Title
Consider approval of an agreement with Mackbeth Corporation for contracted food and
beverage services for the Arts Center, not to exceed $10,000 for fiscal year 20-21 as
budgeted; and authorizing the City Manager to sign any necessary documents.
Summary
See attached memo.
Fiscal Impact:
Funds for this contract have been included in the Arts Center budget.
Staff Recommendation:
The Parks and Recreation Department recommends approval.
City of Coppell, Texas Page 1 Printed on 5/7/2021
Master Continued (2021-5631)
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City of Coppell, Texas Page 2 Printed on 51712021
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MEMORANDUM
To: Mayor and City Council
From: Alex Hargis, Arts Center Managing Director
Via: Jessica Carpenter, Director of Parks and Recreation
Date: May 11, 2021
Reference: Consider approval of an agreement with Mackbeth Corporation for contracted
food and beverage services for the Arts Center, not to exceed $10,000 for fiscal year
20-21 as budgeted; and authorizing the City Manager to sign any necessary
documents.
2040: Create Business and Innovation Nodes
Foster an Inclusive Community Fabric
Enhance the Unique `Community Oasis' Experience
Introduction:
The Coppell Arts Center will require contracted service providers for daily operations. These
service vendors include a food and beverage operator. In the beginning of 2020, the Center's staff
along with the assistance of Procurement and key team members from Parks and Recreation,
conducted a Request for Proposal to select a food and beverage vendor to operate the facility's
catering and concession programs. The RFP's were conducted in accordance with municipal
procurement law and Culinary Arts Catering out of Addison was selected using best -fit criteria
which included experience, customer service approach, referrals, pricing structure, and alignment
with the City's core values. The City entered into an agreement with Culinary Arts Catering in May
of 2020 after receiving Council approval.
The longstanding economic effects of the pandemic led to the termination of the agreement between
the City and Culinary Arts Catering in November of 2020. The vendor had to make difficult
business decision to preserve their survival. These decisions included laying off staff and allocating
their remaining human resources to revenue generating clients, which the Coppell Arts Center was
not due to its inability to present live in-person events during the pandemic. The Arts Center staff
immediately resumed their search for a replacement food and beverage partner.
Procurement and the Arts Center staff have selected the Mackbeth Corporation. This vendor is
under the same ownership as J. Macklin's Bar & Grill which is located in Coppell and was one of
the original RFP prospects. This vendor is an ideal fit given the new business landscape brought
about by the pandemic. They already have a vested interest in Coppell, know our customer base,
have a proven track record of quality and success in the food and beverage category, and are willing
to be flexible during this post -pandemic economy.
Analysis:
• Mackbeth Corporation is the proposed vendor selected by City staff and reviewed and
approved by Procurement.
• They will be responsible for all food and beverage operations including catering and
concessions.
• Three (3) year exclusive agreement
• Vendor has a vested interest in the community and can provide better communication and
responsiveness
• Competitive commission structure
• Vendor owns their own kitchen, catering equipment and supplies, and special event venues
• Vendor can provide catering for events requiring kosher or Southeast Asian cuisine
• Current and previous clients include the UNT Apogee Stadium, J Macklin's Restaurant, and
Coppell/Dallas residents.
• Vendor will procure point of sale system and manage all food and beverage transactions and
customer data.
• Vendor will apply and secure a liquor license for the facility.
• Vendor will allow exemptions from their exclusive rights for the City of Coppell, resident
companies, the Coppell Arts Center Foundation, and the Coppell Chamber of Commerce.
• Proj ected fiscal impact not to exceed $10,000 for the remainder of 20-21, and not to exceed
$85,000 annually thereafter, as budgeted.
• RATES
o City agrees to pay for cost recovery guarantees on concession operations up to a
maximum of $10 per person in attendance at performances
o Concession Commissions
■ 20% of net profits
o Catering Commissions
■ 10% of gross sales of food, beverage, and rentals
Legal Review:
Legal and Procurement have reviewed the contract agreement.
Fiscal Impact:
The annual fiscal impact of this item is not to exceed $85,000, as budgeted.
Recommendation:
The Parks and Recreation Department recommends approval of this item.
THE STATE OF TEXAS §
§ COPPELL ARTS CENTER
§ CONCESSIONAIRE AGREEMENT
COUNTY OF DALLAS §
This Agreement ("Agreement") is made by and between the City of Coppell, Texas (the
"City"), and Mackbeth Corporation, a Texas corporation ("Concessionaire") (each a "Party" and
collectively the "Parties"), acting by and through their authorized representatives.
RECITALS
WHEREAS, the City owns and operates the Coppell Arts Center located at 505 Travis St.,
Coppell, Texas (the "Center") and intends to have various events therein; and
WHEREAS, the City desires to have an independent contractor provide food and beverage
service at the Center during various events; and
WHEREAS, Concessionaire desires to provide food and beverage services through
concession operations for theatre events held at the Center ("Concession Services"); and
WHEREAS, Concessionaire desires to provide food and beverage services through
catering operations at the Center's event spaces for various third parties and the Center for special
events, including but not limited to, weddings, corporate meetings and events, galas, fundraisers,
dining events, and receptions ("Catering Services"); and
WHEREAS, Concessionaire desires to provide Concession Services and Catering
Services at the Center as an independent contractor;
NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions
hereinafter set forth, and other valuable consideration the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
Article I
Concession and Catering Services
1.1 The City grants Concessionaire an exclusive privilege, subject to the exceptions set
out in Section 1.2 herein, to offer Concession Services and Catering Services at the Center to sell
food and beverages during various events in accordance with the terms of this Agreement.
1.2 Contrary to the exclusive rights granted in Section 1. 1, upon written agreement by
the Parties, Concessionaire may waive their exclusive right for agreed upon Catering Services. In
Page 1 Coppell Arts Center Concessionaire Agreement
City of Coppell and Mackbeth Corporation TM 121839
addition, contrary to the exclusive rights granted in Section 1. 1, the following entities are exempt
from exclusively utilizing the Concessionaire for Catering Services:
(a) City of Coppell;
(b) Designated resident companies of the Center;
(c) Coppell Arts, Cultural, and Heritage Foundation; and
(d) Coppell Chamber of Commerce.
Article II
Term
The Initial Term of this Agreement shall commence on the last date of execution by each
Party and will terminate on September 31, 2024. (the "Initial Term"). Concessionaire shall have
the option to extend the term of this Agreement for one (1) additional two (2) year term (the
"Renewal Term") by providing written notice thirty (60) days prior to the expiration of the Initial
Term.
Article III
Commission Fees
3.1 Concession Commission.
(a) Concessionaire shall pay City a commission fee equal of twenty percent (20%) of
Gross Profit for "Concession Services" (as defined herein). "Gross Profit" shall
mean Total Revenue ("Total Revenue" shall mean all amounts paid or payable to
Concessionaire for Concession Services) less Total Expenses ("Total Expenses"
shall mean labor costs and cost of goods sold incurred by Concessionaire for the
provision of any Concession Services), excluding sales tax. Concessionaire shall
be responsible for tax liability on Concession Services. The concession fee shall be
paid to the City no later than the tenth (10th) of each month for the prior month's
Concession Services.
(b) Concession Break -Even. If Gross Profit for the provision of any Concession
Services does not exceed zero and 00/100 dollars ($0.00), Concessionaire shall not
be subject to Section 3.1(a) herein; and, City shall pay Concessionaire the
difference between Maximum Total Expenses and Total Revenue. "Maximum
Total Expenses" shall mean an agreed upon limit of Total Expenses, which are
eligible for application of this Section 3.1(b), expected to be incurred by
Concessionaire for the provision of Concession Services at any one event. For each
event at the Center for which Concession Services are required, the Parties shall
mutually agree and establish, in writing, the Maximum Total Expenses.
3.2 Catering Commission. Concessionaire shall pay City a commission fee equal to
ten percent (10%) of Gross Revenue for "Catering Services" (as defined herein). "Gross Revenue"
shall mean all amounts paid or payable to Concessionaire for Catering Services including, but not
Page 2 Coppell Arts Center Concessionaire Agreement
City of Coppell and Mackbeth Corporation TM 121839
limited to, sales of food and beverages and equipment rentals, for a specific Catering Services
event, excluding sales tax. Concessionaire shall be responsible for tax liability on Catering
Services. The concession fee shall be paid to the City no later than the seventh (7m) day after the
Catering Services are provided.
3.3 Concessionaire shall keep an accurate and true record of all merchandise,
collections and sales, and shall permit the City to examine such records for the purpose of verifying
the correctness of any reports made to the City by Concessionaire. Concessionaire shall provide
to the City all records evidencing Gross Profit for Concessions Services and Gross Revenue for
Catering Services immediately after the provision of such service. The City shall verify all
inventory amounts at the commencement and end of all events.
3.4 Any false reporting of Gross Profit or Gross Revenue, or withholding of receipts,
will result in Concessionaire forfeiting its right to any commission fees and Concessionaire may
not be allowed to participate in any future events.
3.5 The City shall not be liable to Concessionaire for any expenses paid or incurred by
Concessionaire for any reason not provided herein, unless otherwise agreed in writing by the
Parties.
3.6 Concessionaire must maintain a point of sale ("POS") system, which accepts credit
or debit card payments, for Concessions Services and Catering Services. The POS system shall
operate in a manner that is consistent with the Center's financial controls and loss prevention
policy. The City shall not be responsible for lost or stolen money.
Article IV
Concessionaire's Obligations and Operations
4.1 Concession Services.
(a) All Concession Services provided by Concessionaire at the Center shall be
conducted from a City licensed concession space. The Managing Director of the
Center ("Director") shall locate and determine the area in the Center to be used by
Concessionaire for Concession Services ("Concession Area").
(b) Concessionaire shall submit a product list setting forth food and beverage items,
together with a price sheet, to the Director for approval prior to the execution of
this Agreement. Any change to the product list or cost sheet shall require written
approval from the Director.
(c) Concessionaire shall be responsible for purchasing and providing, at
Concessionaire's sole cost, the necessary and sufficient food and beverages
including, but not limited to all brands of cold drinks, candy, chips and other
commodities to be sold and served by Concessionaire as part of the Concession
Services at the Center.
Page 3 Coppell Arts Center Concessionaire Agreement
City of Coppell and Mackbeth Corporation TM 121839
(d) Concessionaire shall, at all reasonable times, keep for sale and supply the public
with hot and cold drinks and other beverages and food products for which there is
or shall be a reasonable demand.
(e) All City, State, County or other governmental regulations, licenses, or permits
relating to public health, and shall be strictly observed by Concessionaire.
(f) Concessionaire shall not be permitted to make any sale with any element of chance.
4.2 Catering Services.
(a) Concessionaire may be engaged by either the Center or a third party (hereinafter
"Client(s)"), having a private event at the Center, to provide Catering Services. Any
such event is to be a catered event only and, as such, is not open to the general
public or to casual customers and that the price per person or total price and time
for each event shall be predetermined and agreed to between the Concessionaire
and the Client(s). All other functions not meeting these criteria shall be considered
Concession Services and administered as such and in accordance with this
Agreement.
(b) Concessionaire shall submit a price sheet for its basic menus for Catering Services
to the Director for approval prior to the execution of this Agreement. Any change
to the cost sheet shall require written approval from the Director.
(c) All Catering Services provided by Concessionaire at the Center shall be conducted
from a City licensed event space. Concessionaire shall coordinate with the Director
and Client(s) to locate and determine the appropriate area in the Center to be used
by Concessionaire for Catering Services ("Catering Area").
(d) Concessionaire shall provide the highest quality of food and beverages to the
Client(s) in connection with Catering Services.
(e) Concessionaire shall furnish and provide, in sufficient quantity, dishes, silverware,
glassware, linens, and other utensils and equipment used in conjunction with the
Catering Services.
4.3 Sales Tax. Concessionaire is solely responsible for paying all applicable Texas
State Sales Tax. Concessionaire shall pay all applicable Texas State Sales Tax for Concession
Services or Catering Services. Concessionaire shall pay all taxes of every nature and description
arising out of or in any manner connected with the sale of its products.
4.4 Expenses. Concessionaire shall be responsible for all of Concessionaire's direct
expenses, including but not limited to, labor, vehicles, food, beverages, napkins, cups, straws,
Page 4 Coppell Arts Center Concessionaire Agreement
City of Coppell and Mackbeth Corporation TM 121839
supplies, permits, licenses, legal fees, professional accounting fees, administrative fines, cash
registers, equipment, and supplies.
4.5 Alcoholic Beverages. Concessionaire shall comply with all applicable policies,
ordinances, laws and regulations concerning the sale of alcoholic beverages and ensure that if in
effect alcohol sales are engaged in the future, those employees who are engaged in the sale of
alcoholic beverages are trained and satisfy the requirements of the Texas Alcoholic Beverage
Commission ("TABC"); and Concessionaire shall obtain and maintain applicable licenses or
permits from TABC and shall comply with all rules and regulations to comply with the service,
storage, and delivery of alcoholic beverages.
4.6 Cleanliness. Concessionaire's operations at the Center shall be conducted in a
clean, orderly, and legitimate manner in accordance with existing City policies, ordinances and
any laws. No rubbish, glass, bottles, or cans of any kind shall be placed on the ground in or around
the Center; all such items are to be placed in trash receptacles and removed to appropriate refuse
receptacles or removed by Concessionaire.
4.7 Condition of Concession Areas. Concessionaire shall accept the Concession Area,
Catering Area, and Kitchen Facilities on the date and in the condition the City makes such
available. City disclaims all representations and warranties, expressed or implied as to the
condition of the Concession Area, Catering Area, and Kitchen Facilities. Concessionaire shall not
use the Concession Area, Catering Area, or Kitchen Facilities for any purpose other than the
services described herein. Concessionaire does not have the right to lease or sublease any
Concession Area, Catering Area, or Kitchen Facilities.
4.8 Supervision. City shall have the right to supervise the privileges hereby granted
and the conduct of Concessionaire. Repeated complaints or misconduct by Concessionaire or its
employees may be grounds for termination of this Agreement under Title VII herein.
4.9 Alterations. It is specifically understood that any changes or alterations, including
painting, within a Concession Area, Catering Area, or Kitchen Facilities is forbidden without prior
written approval from the City.
4.10 Waste Disposal. Concessionaire shall not dispose of any wastewater on or around
any trees or shrubbery located on the Center. Disposal of such water must be through sanitary
sewers or in such manners as not to injure any growing plants or grass and as to not be unsightly.
4.11 Parking. Concessionaire understands and agrees that no vehicle may be parked on
the Center grounds other than in designated areas. Personal vehicles may be used to make
deliveries to the Concession Area and/or Catering Area but must be parked in designated areas
immediately after loading or unloading.
4.12 Signage. All signage within the Center shall be in compliance with all applicable
City ordinances and approved by the Director. No out-of-door or outdoor signage is permitted.
Page 5 Coppell Arts Center Concessionaire Agreement
City of Coppell and Mackbeth Corporation TM 121839
4.13 Personnel and Employment Requirements.
(a) Concessionaire shall assign at least one (1) designated representative who has the
authority to act for and on behalf of the Concessionaire. Concessionaire shall
provide the names, addresses and phone number of the designated representatives
and such designated representative shall be available either on site or via phone
during all hours of each event held at the Center.
(b) Concessionaire shall provide at least one (1) staff member to be present and ready
to provide the Concession Services or Catering Services herein subject to additional
requirements or personnel needs communicated between the Parties for Catering
Services or Concession Services.
(c) The Concessionaire shall provide employees engaged in handling food, and
employees shall wear when on duty, distinctive uniforms in color and design
approved by the City and said uniforms shall be maintained and laundered as
necessary. No person shall be allowed to sell or offer for sale products of the
Concessionaire unless he or she is wearing such distinctive apparel. The cost of
uniforms, maintenance and laundering shall be borne by the Concessionaire.
(d) Concessionaire shall not discriminate against any employee or applicant for
employment, and in providing the public service specified in this Agreement,
because of race, creed, color, or national origin. Concessionaire shall, in all
solicitations or advertisements for employees placed by or on behalf of the
Concessionaire, state that all qualified applicants will receive consideration for
employment without regard to race, creed, color or national origin.
(e) Concessionaire shall pay all federal withholding and any other appropriate taxes or
charges to its employees.
(f) Concessionaire shall not employ individuals under sixteen (16) years of age. Any
individual under eighteen (18) years of age working at the Center shall be under the
direct supervision of person over the age of eighteen (18).
(g) All employees shall conduct themselves in a manner acceptable to the City;
complaints against any employee shall be directed to the Concessionaire. Repeated
complaints involving an employee may result in the termination of this Agreement.
(h) Concessionaire shall conduct Criminal background checks on each of its employees
or volunteers as set forth in Exhibit "A", attached hereto and incorporated herein
by reference.
4.14 Loss and Damage. The City shall not be liable for loss resulting from damage to
Concessionaire's property and/or theft of Concessionaire's property or money.
Page 6 Coppell Arts Center Concessionaire Agreement
City of Coppell and Mackbeth Corporation TM 121839
Article V
Center's Obligations
5.1 Center shall provide Concessionaire a sixteen by twelve -foot (16'x12') kitchen,
which includes the following equipment, refrigeration units, portable warmers, microwaves,
commercial icemaker, and commercial coffee and tea brewers, and a ten by eight -foot (10'x8')
storage area (collectively the "Kitchen Facilities") at the Center for use for Concession Services
and Catering Services.
5.2 Center shall provide solid waste, wastewater disposal, HVAC, and electrical
services to the Center, including the Concession Area, Catering Area, or Kitchen Facilities. Center
shall not be liable for interruption of electricity, water, wastewater, or any other utility service
beyond its control.
5.3 Center shall provide Concessionaire with available tables and chairs to be used for
Catering Services. Center shall not be obligated to provide tables and chairs to Concessionaire
beyond what is available within Center's inventory.
5.4 Center shall provide for final cleanup, irrespective of Concessionaire's
responsibility to return the premises in an orderly and substantially clean condition, after the
Concessionaire has removed their equipment from the Catering Area or Concession Area.
5.5. Center shall maintain sales, promotions, and marketing of the Center and maintain
a current calendar of events to be shared with the Concessionaire.
Article VI
Limitations and Exclusions
All services provided for herein shall take place at the Center.
Article VII
Termination
This Agreement shall terminate
(a) by mutual agreement of the Parties;
(b) by either Party by providing the other Party with thirty (60) days prior written
notice;
(c) by City if Concessionaire is in breach of any of the provisions of this Agreement;
or
(d) upon expiration of the term of this Agreement.
Page 7 Coppell Arts Center Concessionaire Agreement
City of Coppell and Mackbeth Corporation TM 121839
Article VIII
Devotion of Time; Personnel; and Equipment
8.1 Concessionaire shall devote such time as reasonably necessary for the satisfactory
performance of the work under this Agreement. Should City require additional services not
included under this Agreement, Concessionaire shall make reasonable efforts to provide such
additional services at mutually agreed upon cost, and within the time schedule prescribed by City,
and without decreasing the effectiveness of the performance of services required under this
Agreement.
8.2 To the extent reasonably necessary for Concessionaire to perform the services
under this Agreement, Concessionaire shall be authorized to engage the services of any agents,
assistants, persons, or corporations that Concessionaire may deem proper to aid or assist in the
performance of the services under this Agreement. The cost of such personnel and assistance shall
be borne exclusively by Concessionaire.
8.3 Concessionaire shall furnish the vehicles, maintenance for vehicles, facilities,
equipment, telephones, facsimile machines, software, email facilities, and personnel necessary to
perform the services required under this Agreement unless otherwise provided herein.
Article IX
Relationship of Parties
It is understood and agreed by and between the Parties that in satisfying the conditions of
this Agreement, Concessionaire is acting independently, and that the City assumes no
responsibility or liabilities to any third party in connection with these actions. All services to be
performed by Concessionaire pursuant to this Agreement shall be in the capacity of an independent
contractor, and not as an agent or employee of the City. Concessionaire shall supervise the
performance of its services and shall be entitled to control the manner and means by which its
services are to be performed, subject to the terms of this Agreement. As such, the City shall not:
train Concessionaire, require Concessionaire to complete regular oral or written reports, require
Concessionaire devote its full-time services to the City, or dictate Concessionaire's sequence of
work or location at which Concessionaire performs its work.
Article X
Suspension of Work
The City shall have the right to immediately suspend work by Concessionaire if the City
determines in its sole discretion that Concessionaire has, or will fail to perform, in accordance with
this Agreement. In such event, any payments due Company shall be suspended until
Concessionaire has taken satisfactory corrective action.
Page 8 Coppell Arts Center Concessionaire Agreement
City of Coppell and Mackbeth Corporation TM 121839
Article XI
Insurance
11.1 Concessionaire shall provide and maintain for the duration of this Agreement, and
for the benefit of the City (naming the City and its officers, agents and employees as additional
insureds), insurance coverage as set forth below. Concessionaire shall provide signed Certificates
of Insurance verifying that Concessionaire has obtained the required insurance coverage for the
City prior to the Effective Date of this Agreement.
(a) Statutory Worker's Compensation Insurance at the statutory limits covering all of
Concessionaire's employees involved in the provision of services under this
Agreement with policy limits of not less than $500,000/$500,000/$500,000.
(b) Employer's Liability Insurance with coverage for bodily injury of (i) by accident,
$100,000 per accident; and (ii) by disease, $100,000 per employee, with a per
policy aggregate of $500,000.
(c) Commercial General Liability Insurance with coverage for combined bodily injury
(including death) and property damage of $1,000,000 per occurrence with an annual
aggregate of $2,000,000. This insurance must include coverage for premises -
operations, personal and advertising injury, products/completed operations,
independent contractors, contractual liability, property in the care, custody and
control of the insured, personal injury, and fire legal liability (with coverage of
$250,000 per occurrence). If this insurance is written on a claims -made basis, then
coverage must be continuous (by renewal or extended reporting period
endorsement) for not less than twenty-four months following the occurrence of any
applicable event, with "prior acts" coverage and a retroactive date on or prior to the
Effective Date of this Agreement.
(d) Comprehensive Business Automobile Liability Insurance with coverage for
combined bodily injury (including death) and property damage of $1,000,000 per
occurrence. This insurance must include coverage for owned, non -owned, leased,
and hired vehicles and for loading and unloading hazards.
(e) Umbrella/Excess Liability Insurance following the form of the primary liability
insurances described above and providing coverage for combined bodily injury
(including death) and property damage of $1,000,000 per occurrence with an annual
aggregate of $1,000,000.
(f) Liquor Liability with a minimum of $2,000,000 per occurrence and $4,000,000 in
the aggregate.
(g) Comprehensive Property Insurance providing "all risk" full replacement value
coverage for all its personal property located in the Center.
11.2 All insurance companies providing the required insurance shall either be authorized
to transact business in Texas and rated at least "A" by AM Best or other equivalent rating service,
or approved by the City Risk Manager.
Page 9 Coppell Arts Center Concessionaire Agreement
City of Coppell and Mackbeth Corporation TM 121839
Article XII
Availability of Funds
If monies are not appropriated or otherwise made available to support continuation of
performance in a subsequent fiscal period, this Agreement shall be canceled and Concessionaire
may only be reimbursed for the reasonable value of any non-recurring costs incurred but not
amortized in the price of services delivered under this Agreement or which are otherwise not
recoverable. The cost of cancellation may be paid from any appropriations for such purposes.
Article XIII
Indemnification
13.1 General. To the fullest extent permitted by law, CONCESSIONAIRE hereby
indemnifies and holds harmless the City, its officers, directors, employees, agents and
representatives (collectively the "City Indemnitees") from and against ANY AND all
damages, losses, cost and expenses, including but not limited to attorneys' fees and costs,
incurred by City and/or City Indemnitees to the extent they are:
a. due to the violation of any ordinance, regulation, statute, or other legal
requirement by CONCESSIONAIRE or any of its consultants, contractors, sub-
contractors, or any of their agents and employees, as to the performance of the
Agreement;
b. the result of any negligent act or omission or any intentional act or omission
in violation of CONCESSIONAIRE's standard of care, by the CONCESSIONAIRE,
its consultants, contractors, sub -contractors or anyone directly or indirectly
employed by the CONCESSIONAIRE or anyone for whose acts the
CONCESSIONAIRE may be liable; or
C. otherwise arising out of or resulting from negligent performance of the
services under this Agreement or the breach by the CONCESSIONAIRE of the
Agreement, including such claims, damages, losses or expenses are attributable to
bodily injury, sickness, disease or death, or to injury to or destruction of property,
including loss of use resulting therefrom.
13.2 Indemnification for Employee Iniury Claims. Without limiting the foregoing,
and to the fullest extent permitted by law, CONCESSIONAIRE hereby indemnifies and
holds harmless City and City Indemnitees from and against all damages, losses, costs, and
expenses, including but not limited to, reasonable attorneys' fees, incurred by City and/or
City Indemnitees in connection with ANY action against City and/or City Indemnitees for
personal injury of any employee of the CONCESSIONAIRE or any of
CONCESSIONAIRE's consultants, contractors, sub -contractors, or anyone directly or
indirectly employed by them, brought by such injured employee or the employee's workers
compensation insurance carrier (hereinafter referred to as an "Employee Injury Claim").
Page 10 Coppell Arts Center Concessionaire Agreement
City of Coppell and Mackbeth Corporation TM 121839
With regard to claims against any Party seeking indemnity under this Section which
are made by an employee of the Concessionaire, a consultant, a contractor or a sub-
contractor or anyone directly or indirectly employed by the Concessionaire or anyone for
whose acts the Concessionaire may be liable, the indemnification obligation assumed under
this Section shall not be limited by a limitation on amount or type of damages, compensation
or benefits payable by or for the Concessionaire or any other employer under worker's
compensation acts, disability benefit acts or other similar employee benefit acts.
13.3 It is agreed with respect to any legal limitations now or hereafter in effect and
affecting the validity or enforceability of the indemnification obligations under indemnification by
Concessionaire or the additional insured requirements under the insurance section of this
Agreement, such legal limitations are made a part of the contractual obligations and shall operate
to amend the obligations to the minimum extent necessary to bring the provision into conformity
with the requirements of such limitations, and as so modified, the obligations shall continue in full
force and effect. Should any provision or any part of any provision of this Agreement be held
invalid, unenforceable or contrary to public policy, law, statute or ordinance, then the remainder
of the provision, paragraph, section and/or this Agreement shall not be affected thereby and shall
remain valid and fully enforceable.
13.4 The obligations contained in this indemnification by Concessionaire shall survive
the expiration, completion, abandonment and/or termination of the Agreement and final
completion of the Work and any other services to be provided pursuant to this Agreement.
Article XIV
Miscellaneous
14.1 Interruptions; Cancellation. City shall not be liable for interruption of electricity or
any utility service and City shall not be liable in damages or otherwise for a cancellation of an
event for any reason. Concessionaire acknowledges that the City may, in its sole discretion, cancel
an event for any reason without prior notice to Concessionaire.
14.2 Inspection. The City reserves the right to inspect the Concession Area, Catering
Area, or Kitchen Facilities and the Concessionaire's operations at any time during the term of this
Agreement. The right of inspection reserved to the City hereunder shall impose no obligation upon
the City to make such inspections or to ascertain the condition of the Concession Area and shall
impose no liability upon the City for failure to make such inspections.
14.3 Entire Agreement. This Agreement constitutes the sole and only agreement
between the Parties and supersedes any prior understandings written or oral agreements between
the Parties with respect to this subject matter.
14.4 Assignment. Concessionaire may not assign this Agreement in whole or in part
without the prior written consent of the City. In the event of an assignment by Concessionaire to
which the City has consented, the assignee shall agree in writing with the City to personally
assume, perform, and be bound by all the covenants, and obligations contained in this Agreement.
Page 11 Coppell Arts Center Concessionaire Agreement
City of Coppell and Mackbeth Corporation TM 121839
14.5 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
14.6 Governing Law. The laws of the State of Texas shall govern this Agreement; and
venue for any action concerning this Agreement shall be in Dallas County, Texas. The Parties
agree to submit to the personal and subject matter jurisdiction of said Court.
14.7 Amendments. This Agreement may be amended by the mutual written agreement
of the Parties.
14.8 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had never been contained
in it.
14.9 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other party or address as either party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If Intended for City, to
Mike Land, City Manager
City of Coppell
225 Parkway Blvd.
Coppell, Texas 75019
If Intended for Concessionaire, to:
Attn: Todd Kerr
Mackbeth Corporation
4050 Belt Line Rd.
Addison, TX 75001
With Copy to:
Robert E. Hager
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Ross Tower
500 North Akard
Dallas, Texas 75201
14.10 Counterparts. This Agreement maybe executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be an original, but all such
counterparts shall together constitute one and the same instrument. Each counterpart may consist
of any number of copies hereof each signed by less than all, but together signed by all of the Parties
hereto.
Page 12 Coppell Arts Center Concessionaire Agreement
City of Coppell and Mackbeth Corporation TM 121839
14.11 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
11.12 No Property Interest. This Agreement does not conveyor provide for transfer any
ownership interest or other right to the Facility.
14.13 Audits and Records. Concessionaire agrees that during the term hereof, the City
and its representatives may, during normal business hours and as often as deemed necessary,
inspect, audit, examine and reproduce any and all of Concessionaire's records relating to the
services provided pursuant to this Agreement for a period of one year following the date of
completion of services as determined by City or date of termination if sooner.
14.14 Conflicts of Interests. Concessionaire represents that no official or employee of
City has any direct or indirect pecuniary interest in this Agreement.
14.15 Compliance with Federal, State & Local Laws. Concessionaire shall comply in
performance of services under the terms of this Agreement with all applicable laws, ordinances
and regulations, judicial decrees or administrative orders, ordinances, and codes of federal, state
and local governments, including all applicable federal clauses.
14.16 Force Majeure. No Party will be liable for any default or delay in the performance
of its obligations under this Agreement if and to the extent such default or delay is caused, directly
or indirectly, by fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders,
acts of terrorism or any similar cause beyond the reasonable control of such party, provided that
the non-performing party is without fault in causing such default or delay. The non-performing
Party agrees to use commercially reasonable efforts to recommence performance as soon as
possible.
14.17 Employment of Undocumented Workers. During the term of this Agreement the
Concessionaire agrees not to knowingly employ any undocumented workers and, if convicted of
a violation under 8 U.S.C. Section 1324a (f), this Agreement may be terminated under Title VII
herein. Concessionaire is not liable for a violation of this section in relation to any workers
employed by a subsidiary, affiliate, or franchisee of the Company or by a person with whom the
Company contracts.
14.18 Prohibition of Boycott Israel. Concessionaire verifies that it does not Boycott Israel
and agrees that during the term of this Agreement will not Boycott Israel as that term is defined in
Texas Government Code Section 808.001, as amended. This section does not apply if the
Concessionaire is a sole proprietor, a non-profit entity or a governmental entity; and only applies
if: (i) the Concessionaire has ten (10) or more fulltime employees and (ii) this Agreement has a
value of $100,000.00 or more to be paid under the terms of this Agreement.
(Signature page to follow)
Page 13 Coppell Arts Center Concessionaire Agreement
City of Coppell and Mackbeth Corporation TM 121839
EXECUTED on the day of , 2021.
CITY OF COPPELL, TEXAS
Mike Land, City Manager
ATTEST:
M.
Ashley Owens, City Secretary
EXECUTED on the day of , 2021.
MACKBETH CORPORATION.
Todd Kerr, Managing Member
Page 14 Coppell Arts Center Concessionaire Agreement
City of Coppell and Mackbeth Corporation TM 121839
EXHIBIT "A"
CITY BACKGROUND SECURITY CHECK REQUIREMENTS
1. Concessionaire, at its sole expense, shall obtain a certified Criminal Background
Report for each employee who will work at the Facility. The report may be obtained by contacting
one of the governmental entities listed below. (Concessionaire should anticipate a two-week delay
for State reports and a four- to six-week delay for Federal reports):
(a) Texas Department of Public Safety. For any person currently residing in the State
of Texas and having a valid Texas driver's license or photo ID card.
(b) The appropriate governmental agency from either the U.S. state or foreign nation
in which the person resides and holds either a valid U.S. state -issued or foreign
national driver's license or photo ID card.
(c) Federal Agency. A current Federal security clearance obtained from and certified
by a Federal agency may be substituted.
(d) Concessionaire shall provide the City with these reports no later than two (2) weeks
before the Initial Term of the Concessionaire Agreement.
2. Concessionaire shall provide the City with a Criminal Background Report
affirming that Concessionaire has conducted the required background security screening of each
employee who is anticipated to work at the Facility. A listing of Concessionaire's employees must
be attached to this report. Concessionaire shall not be required to provide actual background
results with such reports.
3. Concessionaire shall retain these reports for three (3) years and make them
available for audit by the City during regular business hours. Notwithstanding any provision to
the contrary in this Paragraph 3, it is understood and agreed that Concessionaire shall only be
required to provide evidence (as opposed to actual background results) that it has performed the
required background checks to the City for compliance with the requirements set forth in this
Paragraph 3.
4. Concessionaire shall provide the City with a Criminal Background Report
affirming that Concessionaire has conducted the required security screening of Concessionaire's
employees to determine those individuals appropriate for the Concession Services work and for
presence on the City's property ("Facility"), provided that Concessionaire shall not be required to
provide actual background results with such reports for Concessionaire's employees. A list of
Concessionaire's employees who will have access to the Facility shall be attached to this report.
5. Concessionaire shall be required to obtain a Criminal Background Request on any
new employee that is expected to work at the Facility in accordance with Paragraphs 1 — 3.
Concessionaire shall provide the City with the Criminal Background Report no later than two
weeks before the employee is anticipated to begin work at the Facility.
Exhibit Coppell Arts Center Concessionaire Agreement
"A" City of Coppell and Mackbeth Corporation. TM 121839
C',P FE L
File ID: 2021-5648
Version: 1
File Name: CAC MOU
City of Coppell, Texas
Master
File Number: 2021-5648
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Agenda Ready
In Control:
Parks and
Recreation
File Created:
04/21/2021
Final Action:
Title: Consider approval of a Resolution allowing for a Memorandum of
Understanding between the City of Coppell and the Coppell Arts Center
Foundation; and authorizing the Mayor to sign and the City Manager to
execute any necessary documents.
Notes:
Sponsors:
Attachments: Memo.pdf, Resolution.pdf, Memorandum of
Understanding.pdf
Contact:
Drafter:
Related Files:
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
History of Legislative File
ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
1 City Council 04/27/2021 Pulled
Text of Legislative File 2021-5648
Title
Consider approval of a Resolution allowing for a Memorandum of Understanding between the
City of Coppell and the Coppell Arts Center Foundation; and authorizing the Mayor to sign and
the City Manager to execute any necessary documents.
Summary
See attached memo.
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
City of Coppell, Texas Page 1 Printed on 5/7/2021
Master Continued (2021-5648)
The Parks and Recreation Department recommends approval.
Strategic Pillar Icon:
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City of Coppell, Texas Page 2 Printed on 51712021
T 'H E - C 1 T Y 0 F
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MEMORANDUM
To: Mayor and City Council
From: Alex Hargis, Arts Center Managing Director
Via: Jessica Carpenter, Director of Parks and Recreation
Date: May 11, 2021
Reference: Consider approval of a Resolution allowing for a Memorandum of Understanding
between the City of Coppell and the Coppell Arts Center Foundation; and authorizing
the City Manager to sign any necessary documents.
2040: Create Business and Innovation Nodes
Foster an Inclusive Community Fabric
Enhance the Unique `Community Oasis' Experience
Introduction:
The Coppell Arts Center's 2019 business model that was submitted to Council included support
from a non-profit affiliate to aid in fundraising and general community support for marketing,
strategy, and operational efforts.
A fundraising development taskforce was created in 2019 and it consisted of Coppell business and
community leaders. The goal of that taskforce was to begin evaluating the fundraising development
potential of the Arts Center project and to generate community awareness and interest. At the end of
that year, members of that taskforce sought to create an independent foundation to support the Arts
Center and began the necessary 5016 paperwork. The strategic pillars of cultivate (fundraising),
elevate (advisory), activate (volunteerism), and advocate (brand ambassadorship) served as the
underpinnings for the organization's bylaws and mission. In March of 2021, the Coppell Arts
Center Foundation was formally recognized by the IRS as a 5016 non-profit entity.
Staff was advised by Legal, Finance, and the third -party risk assessment consultant, The McHard
Firm, to draft a memo of understanding (MOU) followed by a resolution to put legal framework
around the working relationship of the City and the Foundation. The MOU document was jointly
written under the guidance of the parties listed above. The MOU document is intended to establish
the spirit of the relationship between the two organizations while also defining individual
responsibilities and joint efforts. Detailed operational measures will be addressed in a separate
Facilities Use Agreement.
Analysis:
• The MOU was crafted using approved reference documents provided by The McHard Firm
and the Bond Council.
• Finance was consulted numerous times to provide input regarding procedural guidance and
language for fundraising, sponsorships, and grants.
• The MOU has been reviewed and approved by both organizations' legal representatives.
• The document establishes joint working relationships for marketing, fundraising, and
community programming.
• The document defines the City as the formal entity to receive and manage contributions for
capital assets and the Foundation as the formal entity to receive and manage contributions in
the form of sponsorships, corporate memberships, grants, and endowments.
Legal Review:
Legal and Finance have reviewed the memo of understanding.
Fiscal Impact:
The Coppell Arts Center Foundation is an independent, self-sustaining non-profit, and having them
conduct fundraising development for Arts Center related programming and initiatives will aid in
reducing the Center's dependency on CRDC funds and bolstering its cost recovery efforts.
Recommendation:
The Parks and Recreation Department recommends approval of this item.
RESOLUTION NO.
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING
THE TERMS AND CONDITIONS OF A MEMORANDUM FOR
UNDERSTANDING BY AND BETWEEN THE CITY OF COPPELL,
TEXAS, AND THE COPPELL ARTS, CULTURAL & HERITAGE
FOUNDATION, INC.; AUTHORIZING ITS EXECUTION BY THE CITY
MANAGER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has been presented a Memorandum of Understanding by and
between the City of Coppell, Texas, a home rule municipality and Coppell Arts, Cultural &
Heritage Foundation, Inc., a Texas non-profit corporation, a copy of which is attached hereto and
incorporated herein as Exhibit A; and
WHEREAS, upon full review and consideration of the Memorandum of Understanding,
and all matters related thereto, the City Council is of the opinion and finds that the terms and
conditions thereof should be approved, and that the City Manager should be authorized to execute
the Agreement on behalf of the City of Coppell, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Memorandum of Understanding (MOU) by and between the City of
Coppell and the Coppell Arts, Foundation, Inc. concerning a board and general operation
cooperative agreement, found to be acceptable and in the best interest of the City and its citizens, be,
and the same is hereby, in all things approved, and the City Manager is hereby authorized to execute
said MOU on behalf of the City of Coppell, Texas, attached hereto and incorporated herein as
Exhibit A.
SECTION 2. That this Resolution and the MOU are hereby approved by the affirmative
vote of the majority of the members of the City Council of the City of Coppell, Texas, at a
regularly scheduled meeting of the City Council.
SECTION 3. That this Resolution shall become effective immediately from and after its
passage.
1 TM 121496
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas,
on this the day of , 2021.
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
CITY OF COPPELL, TEXAS
KAREN HUNT, MAYOR
ATTEST:
ASHLEY OWENS, CITY SECRETARY
2 TM 121496
EXHIBIT "A"
TM 121496
COPPELL
A R T S C E N T E R
MEMORANDUM OF UNDERSTANDING
BETWEEN
COPPELL ARTS, CULTURAL, & HERITAGE FOUNDATION
AND
THE CITY OF COPPELL
THIS MEMORANDUM OF UNDERSTANDING is made this day of May, 2021 between the City of
Coppell, an incorporated municipality in the state of Texas (the "City"), and the Coppell Arts, Cultural, &
Heritage Foundation, a Texas non-profit corporation (the "Foundation"), referred to collectively as the
"Parties", for the purpose of acknowledging and defining their mutually beneficial relationship to support the
Coppell Arts Center (the "Center"), a division of the City.
RECITALS
WHEREAS, the City and the Foundation share in the goal of supporting the arts as a means of enriching
the lives of the City of Coppell's citizens through their mutual support of the Center and the many resident
artists and organizations that call the City of Coppell home;
WHEREAS, the City and the Foundation view the Center as a vital component of the City's Vision 2030
and Vision 2040 citizen -based planning processes contributing to ensure that the City of Coppell always
remains "A Family Community for a Lifetime";
WHEREAS, the City recognizes the Foundation as an independent non-profit corporate entity, to educate
and activate the community and to provide charitable and other support for the Center;
WHEREAS, the City owns, operates, and maintains the land and facilities which constitute the Center
located at 505 Travis Street, in Coppell, Texas 75019 and provides for the staffing and operations of the
Center; and
WHEREAS, the City and Foundation desire to work together in good faith and in the spirit of maintaining a
collaborative relationship to jointly support the Center as an important cultural asset of the community and
intend this Memorandum of Understanding to facilitate this important effort,
NOW, THEREFORE, the Parties wish to express their shared general understanding relevant to the Center,
and they acknowledge the following:
A. FOUNDATION RESPONSIBILITIES
1. ADMINISTRATIVE
1.1 The Foundation is organized and shall operate in such a manner that will retain the
Foundation's legal status as a tax-exempt, Texas non-profit organization pursuant to section
501(c)(3) of the Internal Revenue Code, or any successor statute.
1.2 The Foundation's primary point of contact for interaction with the City will be the
Foundation's Board President.
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A R T S C E N T E R
1.3 Any current or future investment accounts or funds held or managed by the Foundation will
remain within the sole control and management of the Foundation.
1.4 The Foundation may contract with consultants and vendors and/or hire their own staff to
fulfill the Foundation's mission and organizational goals.
1.5 The Foundation will have its own budgets, accounts, and financial accounting that will be
managed by the Foundation and will not be the responsibility of the City.
1.6 The Foundation will endeavor to comply with all tax laws and regulations applicable to a
non-profit IRS Section 501(c)(3) entity.
2. MARKETING
2.1 The Foundation will apply its best efforts in utilizing its marketing channels and resources
to promote the Center on its website, social media platform, e-mail marketing campaigns, and
through the distribution of promotional materials, and onsite signage. The Foundation will be the
sole owner of its intellectual property.
2.2 The Foundation will license to the City use of the Foundation's photo, video, and audio
marketing assets for use in marketing or promoting the Center to the extent permissible by the
agreements for any licensed content. The Foundation expects and will utilize its best efforts to
negotiate an Intellectual Property Licensing Agreement with the City to facilitate this process. The
Foundation will endeavor to comply with the City's branding standards in a manner that favors and
compliments the City's image.
2.3 The Foundation acknowledges the importance of adhering to its branding standards and
communication policies when creating marketing and advertising material relating to the Center.
2.4 The Foundation will inform the City of any events it seeks to plan and hold at the Center in
order to avoid event scheduling conflicts.
2.5 The Foundation will act as primary spokesperson to the media for all matters affecting the
Foundation's business and operations.
3. FOUNDATION FUNDING OF PROGRAMS/GRANTS
3.1 The Foundation intends to solicit funds and financial support from a variety of entities and
persons and in a variety of forms such as sponsorships and in-kind gifts.
3.2 The Foundation will annually create the Foundation's budget, determine strategy for
programs and activities for the Center that the Foundation will fund, and will communicate the
results of this process to the City.
3.3 To the extent that the Foundation desires to fund the Foundation through grants, the
Foundation may, at its discretion, apply for non -municipal or non-governmental grants from time to
time. If the Foundation desires to apply for grants from local, state, or federal governmental entities,
the Foundation will first confer with the City of this intent and will engage in good faith consultation
with the City's Grants Committee to determine the propriety and feasibility of any such grants. Any
grants that will be considered "pass-through grants" that will directly affect the Center will only be
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A R T S C E N T E R
applied for in consultation and agreement with the City and a separate pass-through agreement
negotiated and agreed upon by the Parties.
B. CITY RESPONSIBILITIES
1. ADMINISTRATIVE
1.1 The City's primary point of contact for interaction with the Foundation will be the Center's
Managing Director.
1.2 Financial transactions between the City and the Foundation will be contemporaneously
memorialized in standard business and accounting documents customary to such
transactions.
1.3 The Center will have its own budgets, accounts, and financial accounting that will be
managed by the City and will not be the responsibility of the Foundation.
1.4 The City will be responsible for ensuring that the Center and the Property are in compliance
with the City's Code of Ordinances, Zoning Ordinance and all other local, state and federal
laws.
1.5 Upon reasonable written notice, the City may audit the books and records of the
Foundation insofar and only insofar as such books and records relate or pertain directly to
this Agreement. Such audit shall be conducted at the office of the Foundation or some
other reasonable location agreed upon between the Parties, shall be during normal
business hours, and shall be at the sole cost and expense of the City in conducting the
audit.
2. MARKETING
2.1 The City will be the primary spokesperson to the media for all matters relating to the Center
2.2 The City will apply its best efforts in utilizing its marketing channels and resources to
promote the Center on its website, social media platform, e-mail marketing campaigns, and through
the distribution of promotional materials and onsite signage. The City will be the sole owner of all
intellectual property for the Center.
2.3 The City will license to the Foundation use of the Center's photo, video, and audio
marketing assets for use in marketing or promoting the Center to the extent permissible by the
agreements for any licensed content. The City expects and will utilize its best efforts to negotiate
an Intellectual Property Licensing Agreement with the Foundation to facilitate this process.
2.4 The City will make a good faith effort to coordinate its marketing calendar and fundraising
campaign efforts with the Foundation to serve the best interests of the Center.
2.5 The City will advise the Foundation of availability of facilities and dates of events it intends
to plan and hold at the Center to avoid event scheduling conflicts.
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A R T S C E N T E R
3. FOUNDATION -FUNDED PROGRAMS FOR THE CENTER
3.1 With respect to Programs conducted and funded by the Foundation (i.e., a Master Class,
educational offering, engagement opportunity, etc.) at the Center, the Parties acknowledge that the
City will be the signatory and contract holder for all artist agreements for all such Foundation -funded
Programs, and, except for payment of expenses to be funded by the Foundation, the City will be
the obligor under all such artist agreements.
3.2 With respect to Events conducted and funded by the Foundation (i.e., annual fundraising
Gala, donor appreciation event, etc.) at the Center, the Parties acknowledge that the City will be
the signatory and contract holder for all artist agreements for all such Foundation Events, and the
payment of expenses to be funded by the Foundation. The Parties also acknowledge that, with
respect to Foundation Events, the Foundation will be the signatory and contract holder for all other
event expenses (i.e. catering, photographer, rentals, etc.).
3.3 The City and the Foundation acknowledge the importance of communicating the
requirements imposed by any one particular Foundation -funded Program or Event to ensure each
Party fully understands and accepts an allocation of costs and services in advance of the Program
or Event and as part of the planning process for all such activities.
C. JOINT RESPONSIBILITIES
1. DONOR DEVELOPMENT
1.1 The City will be responsible for leading all donor efforts pertaining to capital and City assets
(e.g. seating, performance halls, building -related materials and fixtures).
1.2 The Foundation will be responsible for leading all donor efforts pertaining to non -capital
assets (e.g., operational services, education programs, entertainment programming,
Foundation funded community engagement).
1.3 The Foundation will confirm with the City the feasibility of any significant sponsorship
agreement prior to the Foundation's acceptance or execution of such a sponsorship
agreement.
1.4 The Parties will endeavor to coordinate the development of the Center's Privacy and
Information Use Policies.
1.5 The Foundation may start and maintain a membership program for the Center in
coordination with the City.
1.6 The City will endeavor to coordinate with the Foundation on all sponsorship and donor
packages where both Parties are proposed to offer benefits to donors who participate in
supporting the Center at varying levels. The Parties will agree to certain donor policies that
will be contained in a Joint Donor Policy.
2. FUNDRAISING EVENTS
2.1 The Foundation may conduct its fundraising events and activities offsite or at the Center
as the Foundation might deem appropriate and based upon the Center's availability.
M
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A R T S C E N T E R
3. COORDINATION OF EFFORTS
3.1 The City will endeavor to meet with the Foundation upon the receipt of a reasonable
request to ensure the best interests of the Center are being addressed and will endeavor to
communicate freely and regularly with the Foundation toward this end.
3.2 The City will ensure that electronic donations directed to the Foundation may be made
through the City's ticketing website, including when tickets are purchased, and that the funds will
be held for the benefit of the Foundation until paid to the Foundation.
D. VENUE USAGE
1.1 The Parties will enter into a separate Facilities Use Agreement which they acknowledge
will control the Foundation's use of the Center for Foundation events and programs.
1.2 The Parties acknowledge that City will manage and coordinate all event logistics that occur
within the Center, including, by way of example, production, marketing and ticketing, security,
custodial, and parking services.
E. STATEMENT OF MUTUAL INTENT
1.1 The City and Foundation acknowledge the central importance that the Center has in
fulfilling the vision of being a "Family Community for a Lifetime" by increasing access to and public
awareness of the arts while embracing the rich diversity of the City of Coppell's citizens.
1.2 The Parties acknowledge and agree that the future agreements and cooperation may be
memorialized in the future agreements and amendments to this MOU. All changes, additions or
deletions to the obligations herein shall be reduced to writing and signing on behalf of each of the
signatures.
ACKNOWLEDGED:
City of Coppell
By:
Mike Land, City Manager
City of Coppell
255 Parkway Blvd.
Coppell, TX 75019
Date Signed: May_, 2021
Coppell Arts, Cultural, & Heritage Foundation
By:
Penelope Furry, President
Coppell Arts Center Foundation
505 Travis St.
Coppell, TX 75019
Date Signed: May_, 2021
9
C',P FE L
File ID: 2021-5667
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5667
Type: Agenda Item
Reference:
File Name: Varidesk - Amended and Restated Eco Dev Incentive
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Agenda Ready
In Control: City Council
File Created: 05/03/2021
Final Action:
Title: Consider approval of an Amended and Restated Economic Development
Incentive Agreement by and between the City of Coppell and Varidesk, LLC;
and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: Varidesk Amended and Restated Eco Dev Agreement
Memo.pdf, Varidesk LLC—Amended and Restated
Agreement.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2021-5667
Title
Consider approval of an Amended and Restated Economic Development Incentive Agreement
by and between the City of Coppell and Varidesk, LLC; and authorizing the Mayor to sign.
Summary
Varidesk, LLC has requested to amend the existing Economic Development Incentive
Agreement to ensure that all company affiliates are included in the agreement between the City
of Coppell and Varidesk, LLC.
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
City of Coppell, Texas Page 1 Printed on 5/7/2021
Master Continued (2021-5667)
Staff recommends approval.
Strategic Pillar Icon:
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City of Coppell, Texas Page 2 Printed on 5/7/2021
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: May 11, 2021
Reference: Consider approval of an Amended and Restated Economic Development Agreement by and
between the City of Coppell and Varidesk, LLC, and authorize the Mayor to sign.
2040: Create Business and Innovation Nodes
Executive Summary:
Varidesk, LLC purchased the land at the NEC of Freeport Parkway and State Highway 121 to
construct their new corporate headquarters. City Council approved two agreements as part of their
overall incentive package on December 8, 2020. One of the agreements is now being amended to
include all company affiliates under the Agreement.
Introduction:
Varidesk, LLC produces flexible office space solutions and office furniture. Varidesk, LLC
purchased the land at the NEC of Freeport Parkway and State Highway 121 to construct their new
corporate headquarters. As part of their overall incentive package, City Council approved an
Economic Development Incentive Agreement and a Tax Abatement Agreement on December 8,
2020. The Economic Development Agreement applies to the improvements, tangible personal
property, employment grants and sales tax for the company. The Tax Abatement Agreement applies
to the real property improvements for the company.
After the land was purchased and the agreements were passed, Varidesk, LLC created new legal
entities that are company affiliates of Varidesk, LLC. The land that will house the new corporate
headquarters has been transferred, conveyed and sold to VariSpace Coppell, LLC. Vari Sales
Corporation also exists today. Therefore, Varidesk, LLC would like to amend the existing Economic
Development Incentive Agreement to include all company affiliates that are directly or indirectly
controlled by or is under common control with Varidesk, LLC.
1
Analysis:
There are no changes to the terms of the agreement. This amendment is being made only to ensure that
all company affiliates are included in the agreement between the City of Coppell and Varidesk, LLC.
Legal Review:
The documents were prepared by Pete Smith.
Fiscal Impact:
Fiscal impact varies from year to year based on rebates issued that year.
Recommendation:
Staff recommends approval.
STATE OF TEXAS § AMENDED AND RESTATED
§ ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT
COUNTY OF DALLAS §
This Amended and Restated Economic Development Incentive Agreement ("Agreement")
is made by and between the City of Coppell, Texas (the "City"), and Varidesk, LLC, a Texas
limited liability company ("Company") (each a "Party" and collectively the "Parties"), acting by
and through their respective authorized officers.
WITNESSETH:
WHEREAS, the Parties previously entered that certain Economic Development Incentive
Agreement dated December 31, 2020 (the "Original Agreement"); and
WHEREAS, the Parties desire to amend and restate the Original Agreement as set forth
herein; and
WHEREAS, Company has purchased the real property located at the northeast corner of
Freeport Parkway and State Highway 121, in Coppell, Texas, as further described in Exhibit "A"
(the "Land"), and has transferred, conveyed and sold the Land to VariSpace Coppell LLC, a
Company Affiliate (hereinafter defined) which intends to construct an industrial/ warehouse
building containing 140,000-180,000 square feet of space on the Land, and other ancillary facilities
such as reasonably required parking and landscaping more fully described in the submittals filed
with the City, from time to time, in order to obtain a building permit(s) (hereinafter defined as the
"Improvements"); and
WHEREAS, Company has advised City that a contributing factor that would induce the
Company Affiliate to construct the Improvements would be an agreement by City to provide an
economic development grant to Company; and
WHEREAS, promoting the expansion and maintenance of existing business enterprises
within the City will promote economic development, stimulate commercial activity, generate
additional sales tax and will enhance the property tax base and economic vitality of the City; and
WHEREAS, the City is authorized by Article HI, Section 52-a of the Texas Constitution
and Texas Local Government Code Chapter 380 to provide economic development grants to
promote local economic development and to stimulate business and commercial activity in the
City; and
WHEREAS, the City has adopted programs for promoting economic development (the
"Economic Development Program"); and
WHEREAS, the City has determined that providing the Grants to the Company in
accordance with this Agreement is in accordance with the City Economic Development Program
and will: (i) further the objectives of the City; (2) benefit the City and the City's inhabitants; and
CITY OF COPPELL AND VARIDESK, LLC JM 121764 ED. 4-23-21)
(iii) promote local economic development and stimulate business and commercial activity in the
City.
NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions
hereinafter set forth, and other valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
Article I
Term
This Agreement shall be effective on the Effective Date and shall continue until the
Expiration Date, unless sooner terminated as provided herein.
Article H
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed to
them:
"Annual Grants" shall mean annual economic development grants to be provided by City,
each in an amount equal to the percentage of the City ad valorem taxes assessed against the
Property and collected by City according to the schedule set forth in Section 3.2 for the applicable
Tax Year, in excess of the ad valorem taxes assessed by City against the Property and collected by
City for the Base Year, to be paid as set forth herein.
"Bankruptcy or Insolvency" shall mean the dissolution or termination of a Party's existence
as a going business, insolvency, appointment of receiver for any part of such Party's property and
such appointment is not terminated within ninety (90) days after such appointment is initially
made, any general assignment for the benefit of creditors, or the commencement of any proceeding
under any bankruptcy or insolvency laws by or against such Party and such proceeding is not
dismissed within ninety (90) days after the filing thereof.
"Base Year" shall mean Tax Year 2020.
"City" shall mean City of Coppell, Texas.
"Commencement Date" shall mean the date the City has issued a certificate of occupancy
for Company to occupy the Improvements.
"Commencement of Construction" shall mean that: (i) the plans have been prepared and
all approvals thereof and permits with respect thereto required by applicable governmental
authorities have been obtained for construction of the Improvements; (ii) all necessary permits for
the construction of the Improvements to the respective plans therefore having been issued by all
applicable governmental authorities; and (iii) grading of the Land and vertical elements of the
Improvements, have commenced.
CITY OF COPPELL AND VARIDESK, LLC (TM 121764 ED. 4-23-21)
"Company" shall mean Varidesk, LLC, a Texas limited liability company.
"Company Affiliate" shall mean VariSpace Coppell LLC, Vari Sales Corporation, and any
entity that is directly or indirectly controlled by or is under common control with Company.
"Completion of Construction" shall mean: (i) substantial completion of the Improvements;
and (ii) the date City has issued a certificate of occupancy for Company to occupy the
Improvements.
"Consummated" shall have the same meaning assigned by Texas Tax Code, Section
321.203, or its successor.
"Effective Date" shall mean the last date of execution hereof.
"Employment Grants" shall mean economic development grants each in the amount of One
Thousand Dollars ($1,000.00) for each new Employment Position created during any Employment
Period during the term of this Agreement, not to exceed the Maximum Employment Grant
Amount, to be paid as set forth herein. It being the intention of the Parties that Company shall be
entitled to an Employment Grant for each net Employment Position created in an Employment
Period and maintained during the term of this Agreement, not to exceed the Maximum
Employment Grant Amount.
"Employment Period" shall mean consecutive twelve (12) month periods during the term
of this Agreement, with the first such period beginning on the Effective Date and ending on the
day prior to the first anniversary of the Commencement Date, and each subsequent Employment
Period beginning on the first and each subsequent anniversary date of the Commencement Date
and ending on the day prior to the next subsequent anniversary of the Commencement Date.
"Employment Positions" shall mean Company and/or a Company Affiliate FTE Positions
that have been created, maintained and filled at the Improvements per Employment Period during
the period beginning with the Commencement Date and ending on the seventh (7th) anniversary
date of the Commencement Date, which positions have an annual salary, inclusive of payments
for compensation as salary, wages, commissions, and/or bonuses, but exclusive of benefits, of at
least Eighty Thousand Dollars ($80,000.00).
"Expiration Date" shall mean the date the last of the Grants have been paid by City to
Company.
"Force Maj eure" shall mean any contingency or cause beyond the reasonable control of a
Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion,
insurrection, government or de facto governmental action (unless caused by the intentionally
wrongful acts or omissions of the Party), fires, explosions or floods, strikes, slowdowns,
pandemics or work stoppages.
CITY OF COPPELL AND VARIDESK, LLC JM 121764 ED. 4-23-21)
"Freeport Goods" shall have the same meaning as assigned by Section 11.251 of the Tax
Code and Article VIII, Section 1-j of the Texas Constitution. Freeport Goods does not include
"Goods in Transit" as defined by Tax Code, Section 11.253.
"FTE Position" or "FTE" means a position filled by an individual scheduled to work at the
Improvements for a combined total of at least 2080 hours, including any paid time off, during an
Employment Period. The number of FTE's for an Employment Period shall be based on a weekly
average count of FTE's working at the Improvements during each calendar week during the
Employment Period.
"Goods in Transit" shall have the same meaning assigned by Tax Code, Section 11.253.
"Grant Year" shall mean Tax Year, except the First Grant Year shall mean the eleventh
(1 lm) Tax Year following the Commencement Date.
"Grants" shall collectively mean the Annual Grants, the Employment Grants, the Permit
Fee Waiver, and the Sales Tax Grants.
"Impositions" shall mean all taxes, assessments, use and occupancy taxes, charges, excises,
license and permit fees, and other charges by public or governmental authority, general and special,
ordinary and extraordinary, foreseen and unforeseen, which are or may be assessed, charged,
levied, or imposed by any public or governmental authority on Company and/or a Company
Affiliate, or any property or any business owned by Company within City.
"Improvements" shall mean an industrial/ warehouse building containing 140,000-180,000
square feet of space upon Completion of Construction thereof on the Land, and other ancillary
facilities such as reasonably required parking and landscaping more fully described in the submittals
filed by Owner with the City, from time to time, in order to obtain a building permit(s), provided,
however, that "Improvements" shall not include the Land.
"Land" means the real property described in Exhibit "A".
"Maximum Employment Grant Amount" shall mean the aggregate payment of
Employment Grants for three hundred fifty (350) Employment Positions or Three Hundred Fifty
Thousand Dollars ($350,000.00).
"Payment Request" shall mean: (i) with respect to a Sales Tax Grant, a written request
from Company to the City for payment of a Sales Tax Grant accompanied by the Sales Tax
Certificate for the applicable Sales Tax Reporting Period; (ii) with respect to an Annual Grant, a
written request from Company to the City for payment of the applicable Annual Grant, which
request shall be accompanied by copies of tax statement and/or receipt(s) and/or other evidence
reasonably satisfactory to the City to establish that the ad valorem taxes assessed by the City
against the Property has been timely paid for such Grant Year; and (iii) with respect to an
Employment Grant, a written request from Company to City for payment of an Employment Grant
accompanied by employment records or other evidence reasonably satisfactory to the City to
CITY OF COPPELL AND VARIDESK, LLC (TM 121764 ED. 4-23-21)
establish the Employment Positions created and maintained during the applicable Employment
Period.
"Permit Fee Waiver" shall mean a waiver of fifty percent (50%) of the building permit fees
related to the construction of the Improvements.
"Property" shall collectively mean the Improvements and the Tangible Personal Property.
"Real Property" shall collectively mean the Land and Improvements.
"Related Agreement" shall mean: (i) any agreement (other than this Agreement) by and
between City and Company and/or Company Affiliate; and (ii) the Tax Abatement Agreement.
"Required Use" shall mean the manufacture, sale and distribution of Company and/or a
Company Affiliate products consisting of Flexible furniture solutions to create workspaces that
elevate people.
"Sales and Use Tax" shall mean the City's one percent (1%) sales and use tax imposed
pursuant to Chapter 321 of the Texas Tax Code on the sale of Taxable Items by Company and/or
a Company Affiliate Consummated at the Improvements.
"Sales Tax Certificate" shall mean a report provided by the State of Texas to the City in
accordance with Texas Tax Code, Section 321.3022, (or other applicable provision of the Texas
Tax Code) which lists the amount of Sales and Use Tax paid (including any refunds, credits or
adjustments) received by the City from the State of Texas from the sale of Taxable Items by the
Company and/or a Company Affiliate Consummated at the Improvements for the applicable Sales
Tax Reporting Period and the amount of Sales and Use Tax paid (including any refunds, credits or
adjustments) received by the City from the State of Texas from the purchase of materials for the
construction of the Improvements consummated at the Improvements during the period beginning
on the Effective Date and ending on the Commencement Date, or if such report is not available, a
certificate or other statement in the form reasonably approved by the City, setting forth the
collection of Sales and Use Tax (including any refunds, credits or adjustments) by Company and/or
a Company Affiliate received by the City from the State of Texas, for the sale of Taxable Items by
the Company and/or a Company Affiliate Consummated at the Improvements for the applicable
Sales Tax Reporting Period and the amount of Sales and Use Tax paid (including any refunds,
credits or adjustments) received by the City from the State of Texas from the purchase of materials
for the construction of the Improvements consummated at the Improvements during the period
beginning on the Effective Date and ending on the Commencement Date, and the total sales of
Taxable Items by Company and/or a Company Affiliate consummated at the Improvements for the
applicable Sales Tax Reporting Period, which are to be used to determine eligibility of the
Company for the Sales Tax Grants, together with such supporting documentation required herein,
and as the City may reasonably request. The Sales Tax Certificate shall at a minimum contain,
include or be accompanied by the following:
(a) A schedule detailing the amount of the Sales and Use Tax collected and paid to the
State of Texas as a result of the sale or purchase of Taxable Items by Company
CITY OF COPPELL AND VARIDESK, LLC JM 121764 ED. 4-23-21)
and/or a Company Affiliate Consummated at the Improvements for the then ending
Sales Tax Reporting Period;
(b) A copy of all sales and use tax returns and reports, sales and use tax prepayment
returns, direct payment permits and reports, including amended sales and use tax
returns or reports, filed by Company and/or a Company Affiliate for the then ending
Sales Tax Reporting Period showing the Sales and Use Tax collected (including
sales and use tax paid directly to the State of Texas pursuant to a direct payment
certificate) by Company and/or a Company Affiliate for the sale of Taxable Items
by Company and/or a Company Affiliate Consummated at the Improvements and
showing the amount of Sales and Use Tax paid (including any refunds, credits or
adjustments) received by the City from the State of Texas from the purchase of
materials for the construction of the Improvements consummated at the
Improvements during the period beginning on the Effective Date and ending on the
Commencement Date, including any supporting work papers;
(c) A copy of all direct payment and self-assessment returns, including amended
returns, filed by Company and/or a Company Affiliate for the previous ending Sales
Tax Reporting Period showing the Sales and Use Tax paid for the sale of Taxable
Items by Company and/or a Company Affiliate Consummated at the Improvements
and the Sales and Use Tax paid (including any refunds, credits or adjustments)
received by the City from the State of Texas from the purchase of materials for the
construction of the Improvements consummated at the Improvements during the
period beginning on the Effective Date and ending on the Commencement Date;
(d) Information concerning any refund or credit received by Company and/or a
Company Affiliate of the Sales or Use Taxes paid or collected by Company and/or
a Company Affiliate which has previously been reported by Company as Sales and
Use Tax paid or collected; and information concerning any Sales and Use Tax
adjustments made pursuant to any sales and use tax audits by the State of Texas of
either Company, and/or a Company Affiliate and its customers involving amounts
reported by Company as subject to this Agreement;
(e) A schedule detailing the total sales of Taxable Items by Company and/or a
Company Affiliate Consummated at the Improvements for the then ending Sales
Tax Reporting Period and the total amount of the purchases of materials for the
construction of the Improvements consummated at the Improvements during the
period beginning on the Effective Date and ending on the Commencement Date.
"Sales Tax Grants" shall mean: (A) ten (10) annual economic development grants to be
paid by City to Company each in the amount equal to seventy-five percent (75%) of the Sales Tax
Receipts for the applicable Sales Tax Reporting Period; and (B) economic development grants to
be paid by City to Company each in the amount equal to seventy-five percent (75%) of the Sales
Tax Receipts for the purchase of materials for the construction of the Improvements consummated
at the Improvements during the period beginning on the Effective Date and ending on the
Commencement Date, to be paid to Company as set forth herein. The amount of each Sales Tax
CITY OF COPPELL AND VARIDESK, LLC JM 121764 ED. 4-23-21)
Grant shall be computed by multiplying the Sales Tax Receipts received by the City for a given
Sales Tax Reporting Period by seventy-five percent (75%) less any administrative fee charged to
City by the State of Texas for collection of the Sales and Use Taxes pursuant to Tax Code Section
321.503 or other applicable law.
"Sales Tax Receipts" shall mean City's receipts of Sales and Use Tax from the State of
Texas from Company's and/or a Company Affiliate's collection of Sales and Use Tax (it being
expressly understood that City's one percent (1%) sales and use tax receipts are being used only
as a measurement for its use of general funds to make a grant for economic development purposes)
as a result of sale and purchase of Taxable Items by Company and/or a Company Affiliate for the
applicable Sales Tax Reporting Period Consummated at the Improvements.
"Sales Tax Reporting Period" shall mean (except for the Sales Tax Grants for Sales Tax
Receipts from the purchase of materials for the construction of the Improvements consummated
at the Improvements during the period beginning on the Effective Date and ending on the
Commencement Date) each twelve (12) month period during the term of this Agreement provided
however the first Sales Tax Reporting Period shall begin with January 1 of the calendar
immediately following the Commencement Date. The first Sales Tax Reporting period shall
include the Sales Tax Receipts from the purchase of materials for the construction of the
Improvements consummated at the Improvements during the period beginning on the Effective
Date and ending on the Commencement Date
"State of Texas" shall mean the office of the Texas Comptroller, or its successor.
"Tangible Personal Property" shall have the same meaning assigned by Tax Code, Section
1.04, and shall mean all tangible personal property, equipment, fixtures, and machinery, inventory
and supplies owned or leased by Company and/or a Company Affiliate and located in the
Improvements on January 1 of a given Tax Year. Tangible Personal Property shall not include
Freeport Goods or Goods in Transit.
"Tax Abatement Agreement" shall mean that certain tax abatement agreement by and
between Company dated December 31, 2020.
"Tax Year" shall have the meaning assigned to such term in Section 1.04 of the Texas Tax
Code (i.e., the calendar year).
"Taxable Items" shall mean both "taxable items" and "taxable services" as those terms are
defined by Chapter 151, Texas Tax Code, as amended.
"Taxable Value" means the appraised value as certified by the Appraisal District as of
January 1 of a given year.
CITY OF COPPELL AND VARIDESK, LLC (TM 121764 ED. 4-23-21)
Article III
Economic Development Grant
3.1 Employment Grant.
(a) Subject to the continued satisfaction of the terms and conditions of this Agreement
by Company and/or Company Affiliate, and the obligation of Company to repay the Grants
pursuant to Article V hereof, City agrees to provide the Company with the Employment Grants
during the period beginning with the Effective Date and ending the seventh (7th) anniversary date
of the Commencement Date, not to exceed the Maximum Employment Grant Amount, as set forth
herein. Beginning on the first anniversary date of the Commencement Date and each anniversary
date of the Commencement Date thereafter, Company shall provide City with employment records
and/or other evidence reasonably satisfactory to City to establish the Employment Positions
created and maintained during the then ending Employment Period.
(b) Each Employment Grant shall be paid within thirty (30) days after City receipt of
a Payment Request and City verification of the Employment Positions for the related Employment
Period following each anniversary date of the Commencement Date. For illustration purposes only
assume that as of the first anniversary date of the Commencement Date that City has verified that
Company and/or a Company Affiliate had filled and maintained one hundred (100) Employment
Positions for the Employment Period (beginning on the Commencement Date and ending 12
months later) then City would pay Employment Grants totaling $100,000.00 ($1,000.00 x 100
Employment Positions). For further illustration assume that, as of the second anniversary of the
Commencement Date, City verified that Company and/or a Company Affiliate had for the
Employment Period (beginning on the first anniversary of the Commencement Date and ending
12 months later) filled and maintained one hundred (100) additional net Employment Positions in
excess of the Employment Positions for the first Employment Period then City would pay
Employment Grants totaling $100,000.00 ($1,000.00 x 100 Employment Positions). For further
illustration assume that, as of the third anniversary of the Commencement Date, City verified that
Company and/or a Company Affiliate had for the Employment Period (beginning on the second
anniversary of the Commencement Date and ending 12 months later) filled and maintained two
hundred (200) additional net Employment Positions in excess of the Employment Positions for the
first and second Employment Periods then the City would pay Employment Grants totaling
$150,00.00 ($1000.00 x 150 Employment Positions)(total of 400 Employment Positions less the
maximum of 350 Employment Positions.
(c) Company shall submit the Payment Request no earlier than thirty (30) days after
each anniversary date of the Commencement Date during the period beginning with the
Commencement Date and ending on the seventh (7th) anniversary date of the Commencement
Date, and not later than sixty (60) days after the Commencement Date or anniversary date thereof,
as the case may be. The failure to timely submit a Payment Request shall forfeit the entitlement of
Company to the Employment Grant for the applicable Employment Period.
(d) Any Employment Position for which an Employment Grant has been paid by City
to Company shall be maintained during the term of this Agreement. The failure to maintain an
Employment Position, for which an Employment Grant has been paid, during the term of this
CITY OF COPPELL AND VARIDESK, LLC JM 121764 ED. 4-23-21)
Agreement shall not be considered an event of default subject to termination and repayment of the
Grants pursuant to Article V, provided Company repays to City the Employment Grant paid by
City to Company for each such Employment Position within thirty (30) days after written demand
by City. The failure to timely repay such Employment Grant(s) shall be considered an event of
default subject to termination pursuant and repayment of the Grants pursuant to Article V. In the
event of voluntary or involuntary termination of an employee, which termination causes the
elimination of an Employment Position, the Company shall not be in default and shall not be
required to repay the Grant for such Employment Position provided such Employment Position is
re-established within ninety (90) days of such employee termination.
(e) In no case shall the total amount of Employment Grants to be paid by City to
Company pursuant to this Agreement exceed Three Hundred Fifty Thousand Dollars
($350,000.00) or exceed three hundred fifty (350) Employment Positions. If Company has been
paid an Employment Grant for an Employment Position that is later repaid pursuant to Section 3.1
(d) above such Employment Position is no longer eligible for an Employment Grant.
3.2. Annual Grants.
(a) Subject to the continued satisfaction of all of the terms and conditions of this
Agreement by Company, and/or Company Affiliate and the obligation of Company to repay the
Grants pursuant to Article V hereof, the City agrees to provide Company with Annual Grants each
in an amount equal to the percentage of the City ad valorem taxes assessed against the Property
and collected by the City the according to the schedule set forth below for the applicable Grant
Years in excess of the ad valorem taxes assessed by City against the Property and collected by City
for the Base Year.
Grant Years Percentage
(Tax Year following
Commencement Date)
11-20 90%
21-27 80%
Company shall submit a Payment Request for the respective Annual Grant on or before
March 1 of the applicable calendar year but no later than 180 -days thereafter, beginning March 1
of the calendar year following the First Grant Year. Such Annual Grants shall be paid by the City
to Company within thirty (30) days after the City's receipt of the applicable Payment Request
following March 1 of each calendar year (or the immediately following business day if March 1 is
not a business day), beginning with March 1 of the calendar year following the First Grant Year,
provided the City has timely received the City ad valorem taxes assessed against the Property in
full for the respective Grant Year (i.e., the Tax Year immediately preceding the year in which an
Annual Grant is to be made) (with it understood that the immediately preceding Tax Year is used
to determine the amount of the Annual Grant) prior to the delinquency date. If Company fails to
timely submit a Payment Request for an Annual Grant such failure shall not constitute a breach or
default of this Agreement subject to termination and repayment of the Grants as provided in Article
CITY OF COPPELL AND VARIDESK, LLC JM 121764 ED. 4-23-21)
V hereof but shall operate as a forfeiture of such Annual Grant for such Grant Year. If such a
forfeiture occurs for any Grant Year, the Company will still be eligible to receive the Annual
Grants for the remaining Grant Years provided the Company is not otherwise in breach or default
of this Agreement or a Related Agreement.
(b) Tax Protest. In the event Company, and/or a Company Affiliate or another party
timely and properly protests or contests (including any motion to correct the appraisal roll) the
Taxable Value and/or the taxation of the Property (the "Protest Property") with the applicable
appraisal district (or its successor)(the "Tax Protest"), the obligation of the City to provide the
Annual Grant with respect to the Protest Property or portion thereof, for such Tax Year shall be
abated with regard to the amount of ad valorem taxes that are in dispute (based on the amount or
portion of Taxable Value of the Protest Property in dispute) until a final determination has been
made of such Tax Protest. In the event of a Tax Protest, the City shall send written notice to
Company of the amount of ad valorem taxes that are in dispute (based on the amount or portion of
Taxable Value of the Protest Property in dispute or the entire amount if the contested amount is
unknown to the City). However, in the event a Tax Protest results in a final determination that
changes the appraised value and/or the Taxable Value of the Protest Property, or the amount of ad
valorem taxes assessed and due for the Protest Property, or portion thereof, after an Annual Grant
has been paid, which includes the Annual Grant for such Protest Property for such Tax Year, the
Annual Grant applicable to such Protest Property will be adjusted accordingly and the Annual
Grant with respect to such Tax Year shall be recomputed (increased or decreased, as the case may
be) and the amount of any overpayment or underpayment shall reduce or increase the amount of
the following Tax Year's Annual Grant. In the event there are no further Annual Grants due under
this Agreement and the Taxable Value with respect to such Protest Property is reduced the
Company shall, within thirty (30) days after written demand from the City, reimburse the City for
such over payment of any such Annual Grants.
(c) Refunds and Underpayments of Grants. In the event the City reasonably determines
that the amount of any Annual Grant paid by the City to Company was greater than the correct
amount to which Company was entitled, Company shall, within sixty (60) calendar days after
receipt of written notification thereof from the City specifying the amount by which such Annual
Grant exceeded the correct amount to which Company was entitled (together with such records,
reports and other information necessary to support such determination), pay such amount to the
City. If the City or Company reasonably determine that the amount by which such Annual Grant
was less than the correct amount to which Company was entitled (together with such records,
reports and other information necessary to support such determination), the City shall, within sixty
(60) calendar days after such determination, pay the adjustment to Company. The Parties shall
mutually determine an underpayment or overpayment of an Annual Grant based on records and
reports of the City ad valorem taxes assessed against the Property and collected by the City for the
applicable Tax Year.
3.3 Permit Fee Waiver. The City agrees to provide Company the Permit Fee Waiver
as the Improvements are constructed.
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CITY OF COPPELL AND VARIDESK, LLC JM 121764 ED. 4-23-21)
3.4 Sales Tax Grants.
(a) Sales Tax Grant. Subject to the continued satisfaction of all the terms and
conditions of this Agreement by Company and/or Company Affiliate, and the obligation of
Company to repay the Grants in accordance with Article V hereof, City agrees to provide Company
with ten (10) annual Sales Tax Grants. The Sales Tax Grants shall be paid within ninety (90) days
after receipt of a Payment Request following the end of the applicable Sales Tax Reporting Period
beginning with the first Sales Tax Reporting Period. Each Payment Request shall be submitted to
City not later than sixty (60) days after the end of each Sales Tax Reporting Period. Failure to
timely submit a Payment Request for a Sales Tax Reporting Period shall operate as a forfeiture of
the Sales Tax Grant for such Sales Tax Reporting Period and such failure shall not be considered
as an event of default subject to termination and repayment as provided in Article V hereof If such
a forfeiture occurs for any Sales Tax Grant, the Company will still be eligible to receive the Sales
Tax Grants for the remaining Grant Years provided the Company is not otherwise in breach or
default of this Agreement or a Related Agreement.
(b) Adjustment Notification. Company shall promptly notify City in writing of any
adjustments found, determined or made by Company and/or a Company Affiliate, the State of
Texas, or by an audit that results, or will result, in either a refund or reallocation of Sales Tax
Receipts or the payment of Sales and Use Tax or involving amounts reported by Company as
subject to this Agreement. Such notification shall also include the amount of any such adjustment
in Sales and Use Tax or Sales Tax Receipts. Company shall notify City in writing within thirty
(30) days after receipt of notice of the intent of the State of Texas, to audit Company and/or a
Company Affiliate, or to re -allocate Sales and Use Tax. Such notification shall also include the
period of such audit or investigation.
(c) Amended Returns. In the event Company and/or a Company Affiliate files an
amended sales and use tax return, or report with the State of Texas, or if additional Sales and Use
Tax is due and owing by Company to the State of Texas, as determined or approved by the State
of Texas, affecting Sales Tax Receipts for a previous Sales Tax Reporting Period, then the Sales
Tax Grant payment for the Sales Tax Reporting Period immediately following such State of Texas
approved amendment shall be adjusted accordingly (i.e., up or down, depending on the facts),
provided City has received Sales Tax Receipts attributed to such adjustment. As a condition
precedent to payment of such adjustment, Company shall provide City with a copy of any such
amended sales and use tax report or return, and the approval thereof by the State of Texas. Copies
of any amended sales and use tax return or report or notification from the State of Texas that
additional Sales and Use Tax is due and owing by Company and/or a Company Affiliate to the
State of Texas, as determined by the State of Texas, affecting Sales Tax Receipts for a previous
Sales Tax Reporting Period shall be provided to City with the Payment Request for the next Sales
Tax Reporting Period.
(d) Refunds and Underpayments of Sales Tax Grants. In the event the State of Texas
determines that City erroneously received Sales Tax Receipts, or that the amount of Sales and Use
Tax paid to Company exceeds (or is less than) the correct amount of Sales and Use Tax for a
previous Sales Tax Reporting Period, for which Company has received a Sales Tax Grant,
Company shall, within sixty (60) days after receipt of notification thereof from City specifying the
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CITY OF COPPELL AND VARIDESK, LLC JM 121764 ED. 4-23-21)
amount by which such Sales Tax Grant exceeded the amount to which Company was entitled
pursuant to such State of Texas determination, adjust (up or down, depending on the facts) the
amount claimed due for the Sales Tax Grant payment for the Sales Tax Reporting Period
immediately following such State of Texas determination. If Company does not adjust the amount
claimed due for the Sales Tax Grant payment for the Sales Tax Reporting Period immediately
following such State of Texas determination City may, at its option, adjust the Sales Tax Grant
payment for the Sales Tax Reporting Period immediately following such State of Texas
determination. If the adjustment results in funds to be paid back to City, Company shall repay
such amount to City within sixty (60) days after receipt of such State of Texas determination. The
provisions of this Section shall survive termination of this Agreement.
(e) Sales Tax Grant Payment Termination, Suspension. The payment of Sales Tax
Grants shall terminate on the effective date of determination by the State of Texas or other
appropriate agency or court of competent jurisdiction that the Improvements are not a place of
business resulting in Sales and Use Taxes being due the City from the sale of Taxable Items by
Company and/or a Company Affiliate consummated at the Improvements. In the event the State
of Texas seeks to invalidate the Improvements as a place of business where Sales and Use Tax was
properly remitted to the State of Texas (the "Comptroller Challenge") the payment of Sales Tax
Grants by City hereunder shall be suspended until such Comptroller Challenge is resolved in whole
favorably to City. In such event, Company shall not be required to refund Sales Tax Grants
previously received from City provided Company is actively defending against and/or contesting
the Comptroller Challenge and Company promptly informs City in writing of such Company
and/or a Company Affiliate actions and with copies of all documents and information related
thereto. In the event the Comptroller Challenge is not resolved favorably to City and/or in the event
the State of Texas determines that the Improvements are not a place of business where the Sales
and Use Tax was properly remitted to the State of Texas, and Sales and Use Tax Receipts
previously paid or remitted to City relating to the Improvements are reversed and required to be
repaid to the State of Texas, then the obligation to pay the Sales Tax Grants shall terminate and
Company shall refund all Sales Tax Grants received by Company from City that relate to the
Comptroller Challenge, which refund shall be paid to City within sixty (60) days of the date that
the Comptroller Challenge required City to repay Sales and Use Tax Receipts.
(f) Indemnification. THE COMPANY AGREES TO DEFEND, INDEMNIFY AND
HOLD THE CITY, ITS COUNCIL, OFFICERS, AGENTS AND EMPLOYEES
(COLLECTIVELY THE "CITY") HARMLESS FROM AND AGAINST ANY AND ALL
REASONABLE LIABILITIES, DAMAGES, CLAIMS, LAWSUITS, JUDGMENTS,
ATTORNEY FEES, COSTS, EXPENSES, AND DEMANDS BY THE STATE OF TEXAS
THAT THE CITY HAS BEEN PAID ERRONEOUSLY, OVER -PAID OR INCORRECTLY
ALLOCATED SALES AND USE TAX ATTRIBUTED TO THE PURCHASE OR SALE OF
TAXABLE ITEMS BY THE COMPANY AND/OR A COMPANY AFFILIATE
CONSUMMATED AT THE IMPROVEMENTS FOR ANY SALES TAX REPORTING
PERIOD DURING THE TERM OF THIS AGREEMENT ("CLAIM"). IT BEING THE
INTENTION OF THE PARTIES THAT THE COMPANY SHALL BE RESPONSIBLE FOR
THE REPAYMENT OF SALES TAX GRANTS PAID TO COMPANY HEREIN BY CITY
THAT INCLUDES SALES AND USE TAX RECEIPTS THAT THE STATE OF TEXAS HAS
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CITY OF COPPELL AND VARIDESK, LLC JM 121764 ED. 4-23-21)
DETERMINED WERE ERRONEOUSLY, PAID, COLLECTED, DISTRIBUTED, OR
ALLOCATED TO THE CITY.
THE INDEMNIFICATION PROVIDED ABOVE SHALL NOT APPLY TO ANY
LIABILITY RESULTING SOLELY FROM THE ACTIONS OR OMISSIONS OF THE CITY.
THE COMPANY SHALL BE OBLIGATED TO PAY REASONABLE ATTORNEY FEES AND
OTHER THIRD -PARTY COSTS INCURRED BY THE CITY TO DEFEND OR CONTEST A
CLAIM.
THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THIS
AGREEMENT. THE PROVISIONS OF THIS SECTION ARE SOLELY FOR THE BENEFIT
OF THE PARTIES HERETO AND DO NOT CREATE ANY OBLIGATIONS FROM OR
GRANT ANY CONTRACTUAL OR OTHER RIGHTS TO ANY OTHER PERSON OR
ENTITY, OTHER THAN OBLIGATIONS, IF ANY, THAT ARISE FROM COMPANY TO
CITY TO PERFORM OBLIGATIONS CREATED BY THIS SECTION.
3.5 Current Revenue. The Grants shall be paid solely from annual appropriations from
the general funds of the City or from such other funds of the City as may be legally set aside for
such purpose consistent with Article III, Section 52(a) of the Texas Constitution.
3.6 Grant Limitations. Under no circumstances shall the obligations of the City
hereunder be deemed to create any debt within the meaning of any constitutional or statutory
provision. None of the obligations of the City under this Agreement shall be pledged or otherwise
encumbered by Company in favor of any commercial lender and/or similar financial institution.
Article IV
Conditions to Grant
The obligation of the City to pay the Grants shall be conditioned upon the compliance and
satisfaction by the Company of the terms and conditions of this Agreement and each of the
conditions set forth in Article IV.
4.1 Payment Request. Company shall, as a condition precedent to the payment of each
applicable Grant, timely provide City with the applicable Payment Request.
4.2 Good Standing. The Company shall not have an uncured breach or default of this
Agreement, or a Related Agreement.
4.3 Required Use. During the term of this Agreement beginning on the Commencement
Date and continuing until the Expiration Date the Real Property shall not be used for any purpose
other than the Required Use, and the operation of the Real Property in conformance with the
Required Use shall not cease for more than thirty (30) continuous days except in connection with,
and to the extent of an event of Force Majeure or Casualty.
4.4 Construction of Improvements. Company shall subject to events of Force Majeure
cause Commencement of Construction of the Improvements to occur on or before October 1, 2021;
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CITY OF COPPELL AND VARIDESK, LLC (TM 121764 ED. 4-23-21)
and shall subject to events of Force Majeure cause Completion of Construction of the
Improvements to occur on or before October 1, 2022.
4.5 Continuous Ownership and Occupancy. The Company and/ or a Company Affiliate
shall, beginning on the Commencement Date and continuing thereafter until the Expiration Date,
continuously own or lease, and occupy the Real Property.
4.6 Sales Tax Certificate. Company shall during the term of this Agreement, provide
to City a Sales Tax Certificate thirty (30) days after the end of each Sales Tax Reporting Period.
Article V
Termination
5.1 Termination. This Agreement shall terminate upon any one or more of the
following:
(a) by written agreement of the Parties;
(b) Expiration Date;
(c) upon written notice, by either Party in the event the other Party including a
Company Affiliate breaches any of the terms or conditions of this Agreement, or a Related
Agreement, and such breach is not cured within sixty (60) days after the nonbreaching Party sends
written notice to the breaching Party of such breach;
(d) upon written notice, by City, if Company suffers an event of Bankruptcy or
Insolvency;
(e) upon written notice, by City, if any Impositions owed to City or the State of Texas
by Company shall become delinquent (provided, however, Company retains the right to timely
and properly protest and contest any such Impositions) and if Company does not resolve such
delinquency within thirty (30) days of such written notice; or
(f) upon written notice, by either Party, if any subsequent Federal or State legislation
or any decision of a court of competent jurisdiction declares or renders this Agreement invalid,
illegal or unenforceable.
5.2 Repayment. In the event the Agreement is terminated by City pursuant to Section
5.1 (c), (d), (e) or (f), Company shall immediately refund to City an amount equal to the Grants paid
by City to Company preceding the date of such termination, with interest at the rate periodically
announced by the Wall Street Journal as the prime or base commercial lending rate, or if the Wall
Street Journal shall ever cease to exist or cease to announce a prime or base lending rate, then at
the annual rate of interest from time to time announced by Citibank, N.A. (or by any other New
York money center bank selected by City) as its prime or base commercial lending rate, from the
date on which each Grant is paid by City until each such Grant is refunded by Company. The
repayment obligation of Company set forth in this section shall survive termination.
5.3 Right of Offset. City may, at its option, offset any amounts due and payable under
this Agreement against any debt (including taxes) lawfully due to City from Company and/or a
Company Affiliate, regardless of whether the amount due arises pursuant to the terms of this
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CITY OF COPPELL AND VARIDESK, LLC (TM 121764 ED. 4-23-21)
Agreement, a Related Agreement or otherwise and regardless of whether or not the debt due City
has been reduced to judgment by a court.
Article VI
Miscellaneous
6.1 Binding Agreement. The terms and conditions of this Agreement are binding upon
the successors and permitted assigns of the Parties hereto. This Agreement may not be assigned
without the express written consent of the City Manager.
6.2 Limitation on Liability. It is understood and agreed between the Parties that the
Company, in satisfying the conditions of this Agreement, has acted independently, and the City
assumes no responsibilities or liabilities to third parties in connection with these actions. The
Company agrees to indemnify and hold harmless the City from all such claims, suits, and causes
of actions, liabilities and expenses of any nature whatsoever by a third party arising out of the
Company's failure to perform its obligations under this Agreement.
6.3 No Joint Venture. It is acknowledged and agreed by the Parties that the terms
hereof are not intended to and shall not be deemed to create a partnership or joint venture among
the Parties.
6.4 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations that are granted and assumed under this Agreement.
6.5 Notice. Any notice required or permitted to be delivered hereunder shall be deemed
received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return
receipt requested, addressed to the Party at the address set forth below or on the day received if
sent by courier or otherwise hand delivered.
If intended for City, to
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
If intended for Company:
Attn: Jason McCann, CEO
Varidesk, LLC
1221 South Beltline Road, Suite 500
Coppell, Texas 75019
With a copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Ross Tower
500 N. Akard
Dallas, Texas 75201
6.6 Entire Agreement. This Agreement is the entire Agreement between the Parties
with respect to the subject matter covered in this Agreement. There is no other collateral oral or
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CITY OF COPPELL AND VARIDESK, LLC (TM 121764 ED. 4-23-21)
written Agreement between the Parties that in any manner relates to the subject matter of this
Agreement, except as provided in any Exhibits attached hereto.
6.7 Governing Law. The Agreement shall be governed by the laws of the State of
Texas without regard to any conflict of law rules. Exclusive venue for any action concerning this
Agreement shall be in the State District Court of Dallas County, Texas. The Parties agree to submit
to the personal and subject matter jurisdiction of said court.
6.8 Amendment. This Agreement may only be amended by the mutual written
agreement of the Parties.
6.9 Legal Construction. In the event any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the
intention of the Parties to this Agreement that in lieu of each provision that is found to be illegal,
invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and
enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or
unenforceable.
6.10 Recitals. The recitals to this Agreement are incorporated herein.
6.11 Counterparts. This Agreement may be executed in counterparts. Each of the
counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one
and the same instrument.
6.12 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period
of time following the termination of this Agreement shall survive termination
6.13 Employment of Undocumented Workers. During the term of this Agreement the
Company agrees not to knowingly employ any undocumented workers and, if convicted of a
violation under 8 U.S. C. Section 1324a (f), the Company shall repay the amount of the Grants and
any other funds received by the Company from City as of the date of such violation within one
hundred twenty (120) days after the date the Company is notified by City of such violation, plus
interest at the rate of four percent (4%) compounded annually from the date of violation until paid.
The Company is not liable for a violation of this section in relation to any workers employed by a
subsidiary, affiliate, or franchisee of the Company or by a person with whom the Company
contracts.
[Signature page to follow]
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CITY OF COPPELL AND VARIDESK, LLC (TM 121764 ED. 4-23-21)
EXECUTED on this day of , 2021.
CITY OF COPPELL, TEXAS
Kar -en Selbe H -tint, May -of
ATTEST:
•
mmn.;O'— - •moi
APPROVED AS TO FORM:
Im
EXECUTED this the day of , 2021.
VARIDESK, LLC
Jason McCann, CEO
IIIIIIIIIIIIpAGE llllll �71IIIIIIIIIIII II IIIIIIIIIIIAMENDED IIIIAND HIRE ST AT IED IIIIE C ONOMI C AIDE V ELOPMENT IIIIIINC ENTI V E �IIAGRE EMENT IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
CITY OF COPPELL AND VARIDESK, LLC (TM 121764 ED. 4-23-21)
EXECUTED on this day of , 2021.
APPROVED AS TO FORM:
Im
City Attorney
CITY OF COPPELL, TEXAS
Wes Mays, Mayor
ATTEST:
Ashley Owens, City Secretary
EXECUTED this the day of , 2021.
VARIDESK, LLC
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CITY OF COPPELL AND VARIDESK, LLC (TM 121764 ED. 4-23-21)
EXHIBIT "A"
Legal Description of Property
BEING a 9.84 acre (428,553 square foot) tract of land situated in the Thomas W. Cousey Survey,
Abstract Number 317, City of Coppell, Dallas County, Texas, and being part of Lot 1, Block 1 of
Lots 1 & 2, Phase 1, Block 1, One Twenty One Business Park, an addition to the City of Coppell,
Dallas County, Texas, as recorded in Volume 99157, Page 27 of the Deed Records of Dallas
County, Texas (D.R.D.C.T.) and being all of a tract of land described in Special Warranty Deed
to Sealy Canyon Drive Land, L.L.C, as recorded in Instrument Number 201600333502 of the
Official Public Records of Dallas County, Texas (O.P.R.D.C.T.), and being all of Lot 6R, Block
A of Prologis Park One Twenty One, Lots 5R and 6R, Block A, an addition to the City of Coppell,
Dallas County, Texas, as recorded in Instrument Number 201600331182, O.P.R.D.C.T. and being
all of called 5.93 acre tract of land described in deed to Prologis Logistics Services Incorporated,
as recorded in Instrument Number 201500253657, O.P.R.D.C.T., and being more particularly
described as follows:
BEGINNING at the northeast corner of a called 1.678 acre tract of land described as "Parcel 16"
in deed to State of Texas, as recorded in Instrument Number 201200222193, O.P.R.D.C.T., said
corner being the intersection of the east right-of-way line of State Highway 121, the south right-
of-way line of said Canyon Drive (a 60 -foot wide right-of-way), the north line of said Lot 1, and
the point of curvature of a non -tangent circular curve to the left, having a radius of 460.27 feet,
whose chord bears South 79 degrees 47 minutes 15 seconds East, a distance of 166.34 feet, from
which a found monument bears South 73 degrees 03 minutes 47 seconds West, a distance of 1.0
feet;
THENCE Southeasterly, with the north of said Lot 1, the south right-of-way line of said Canyon
Drive and with said curve, through a central angle of 20 degrees 49 minutes 17 seconds, an arc
distance of 167.26 feet to a corner, from which a 5/8 -inch found iron rod with cap stamped "M.
FELOBUSCH" bears South 55 degrees 55 minutes 26 seconds West, a distance of 0.4 feet;
THENCE North 89 degrees 43 minutes 31 seconds East, with the north line of said Lot 1 and the
south right-of-way line of said Canyon Drive, a distance of 8.24 feet to a set crow's foot for the
intersection of said south right-of-way and the west right-of-way line of Northwest Drive (a 33 -
foot wide right-of-way), said corner being the point of curvature of a tangent circular curve to the
right, having a radius of 25.00 feet, whose chord bears South 22 degrees 48 minutes 47 seconds
East, a distance of 19.17 feet;
THENCE with the west right-of-way line of said Northwest Drive, the following bearings and
distances:
Southerly, with the east line of said Lot 1 and with said curve, through a central angle of 45 degrees
04 minutes 36 seconds, an arc distance of 19.67 feet to a found "X" cut in concrete for corner;
South 00 degrees 16 minutes 29 seconds East, with the east line of said Lot 1, a distance of 382.20
feet to a set "X" cut in concrete for the southeast corner of said Lot 1;
PAGE I EXHIBIT A TO AMENDED AND RESTATED ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT
CITY OF COPPELL AND VARIDESK, LLC (TM 21764)
EXHIBIT "A"
Legal Description of Property
South 89 degrees 43 minutes 54 seconds West, with the south line of said Lot 1, a distance of 2.75
feet to a 1/2 -inch found iron rod with yellow plastic cap stamped "HALFF" (hereinafter referred
to as "with cap") for the northeast corner of said Lot 6R;
THENCE with the common east line of said Lot 6R and the west right-of-way line of said
Northwest Drive (a 38 -foot wide right-of-way), the following bearings and distances:
South 00 degrees 11 minutes 52 seconds East, a distance of 1.08 feet to a 1/2 -inch found iron rod
with cap for the point of curvature of a tangent circular curve to the right, having a radius of 181.00
feet, whose chord bears South 32 degrees 38 minutes 48 seconds West, a distance of 195.43 feet;
Southwesterly, with said curve, through a central angle of 65 degrees 20 minutes 56 seconds, an
arc distance of 206.44 feet to a 1/2 -inch found iron rod with cap for the point of reverse curvature
of a tangent circular curve to the left, having a radius of 219.00 feet, whose chord bears South 53
degrees 43 minutes 48 seconds West, a distance of 88.01 feet;
Southwesterly, with said curve, through a central angle of 23 degrees 10 minutes 56 seconds, an
arc distance of 88.61 feet to a 1/2 -inch found iron rod with cap for corner;
South 42 degrees 08 minutes 20 seconds West, a distance of 412.07 feet to a 1/2 -inch found iron
rod with cap for corner;
South 87 degrees 08 minutes 20 seconds West, a distance of 26.85 feet to a 1/2 -inch found iron
rod with cap for the point of curvature of a non -tangent circular curve to the left, having a radius
of 310.50 feet, shoes chord bears North 53 degrees 13 minutes 15 seconds West, a distance of
33.22 feet, said corner being the intersection of the northwest right-of-way line of said Northwest
Drive and the northeast right-of-way line of Freeport Parkway (a variable width right-of-way);
THENCE with the northeast right-of-way line of said Freeport Parkway and the southwest line of
said Lot 6R, the following bearings and distances:
Northwesterly, with said curve, through a central angle of 06 degrees 07 minutes 58 seconds, an
arc distance of 33.24 feet to a 1/2 -inch found iron rod with cap for corner;
North 56 degrees 17 minutes 14 seconds West, a distance of 89.18 feet to a 1/2 -inch found iron
rod with cap for the point of curvature of a tangent circular curve to the right, whose chord bears
North 52 degrees 11 minutes 09 seconds West, a distance of 160.85 feet;
Northwesterly, with said curve, through a central angle of 08 degrees 12 minutes 09 seconds, an
arc distance of 160.99 feet to a 1/2 -inch found iron rod with cap for corner at the intersection of
the northeast right-of-way line of said Freeport Parkway with the southeast right-of-way line of
said State Highway 121;
PAGE Z EXHIBIT A TO AMENDED AND RESTATED ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT
CITY OF COPPELL AND VARIDESK, LLC JM 21764)
EXHIBIT "A"
Legal Description of Property
THENCE with the southeast right-of-way line of said State Highway 121, the following bearings
and distances:
North 43 degrees 04 minutes 04 seconds West, with the southwest line of said Lot 6R, a distance
of 9.35 feet to a found monument for corner;
North 47 degrees 59 minutes 54 seconds West, with the southwest line of said Lot 6R, a distance
of 75.82 feet to a found monument for corner;
North 22 degrees 13 minutes 47 seconds West, with the southwest line of said Lot 6R, a distance
of 85.52 feet to a found monument for corner;
North 37 degrees 38 minutes 29 seconds East, with the northwest line of said Lot 6R, a distance
of 145.94 feet to a found monument for corner;
North 41 degrees 19 minutes 26 seconds East, with the northwest line of said Lot 6R, a distance
of 135.07 feet to a found monument for the northwest corner of said Lot 6R, said corner being on
the south line of said Lot 1;
South 89 degrees 43 minutes 54 seconds West, with the south line of said Lot 1, a distance of 0.47
feet to a found monument for the southwest corner of said Lot 1 and the southeast corner of said
1.678 acre tract;
THENCE with the southeast right-of-way line of said State Highway 121 and the northwest line
of said Lot 1, the following bearings and distances:
North 41 degrees 19 minutes 26 seconds East, a distance of 267.77 feet to a found monument for
corner;
North 37 degrees 08 minutes 49 seconds East, a distance of 256.90 feet to a found monument for
corner;
North 75 degrees 28 minutes 20 seconds East, a distance of 104.95 feet to the POINT OF
BEGINNING AND CONTAINING 9.84 acres (428,553 square feet) of land, more or less.
PAGE 3 EXHIBIT A TO AMENDED AND RESTATED ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT
CITY OF COPPELL AND VARIDESK, LLC (TM 21764)
C',P FE L
File ID: 2021-5639
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5639
Type: Agenda Item
Reference:
File Name: Plantation/Mossy Oaks Construction
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Agenda Ready
In Control: Engineering
File Created: 04/19/2021
Final Action:
Title: Consider approval to enter into a contract with DDM Construction
Corporation; for the reconstruction of Plantation Drive and Mossy Oaks
Street; in the amount of $5,390,327.90; with a maximum potential incentive of
$67,500.00; for a total contract amount of $5,457,827.90; as provided by
2020 Bond proceeds; and authorizing the City Manager to sign any
necessary documents.
Notes:
Sponsors:
Attachments: Plantation Mossy Oaks Construction Award
Memo.pdf, TAX 2015B Exhibits.pdf, Bid Tab-
Ranked.pdf, Recommendation to Award.pdf, DDM
Proposal.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2021-5639
Title
Consider approval to enter into a contract with DDM Construction Corporation; for the
reconstruction of Plantation Drive and Mossy Oaks Street; in the amount of $5,390,327.90; with
a maximum potential incentive of $67,500.00; for a total contract amount of $5,457,827.90; as
provided by 2020 Bond proceeds; and authorizing the City Manager to sign any necessary
documents.
Summary
Fiscal Impact:
City of Coppell, Texas Page 1 Printed on 5/7/2021
Master Continued (2021-5639)
Funds are available in the 2020 Bond issue for this project.
Staff Recommendation:
The Public Works Department recommends approval.
Strategic Pillar Icon:
Sustainable Government
City of Coppell, Texas Page 2 Printed on 5/7/2021
T FIS E . C I T Y 0 F
COPPELL
N
s. � 4i G r✓ r t
ryv
MEMORANDUM
To: Mayor and City Council
From: Jamie Brierton, Capital Programs Administrator
Kent Collins, P.E., Director of Public Works
Date: May 11, 2021
Reference: Plantation Drive & Mossy Oaks Street Reconstruction Award, TAX 2015 B
2040: Pillar 0: Sustainable City Government
Goal 3: Well-maintained City Infrastructure
General Information:
• Plantation Drive and Mossy Oaks Street were originally constructed in two phases in 1984
& 1985.
• The pavement design at that time was intended to have a 20 -year lifespan.
• In 2013 a pavement condition assessment was conducted and at that time Plantation was
identified as a future reconstruction project.
• In February 2016, engineering services contract for design was awarded to Pape Dawson
at Council in the amount of $325,600.00.
• An additional downstream drainage study was performed by Pape Dawson in October of
2019 for $39,700 and Grapevine Creek Flood Study information was incorporated into
the plans in April of 2020 at a cost of $10,500.
• Reconstruction scope includes full pavement replacement, utility
replacement/rehabilitation, drainage improvements and new sidewalks.
• Engineer's estimated construction cost was $5,516,362.55
• DDM Construction Corporation's base bid price was $5,390,327.90 plus a maximum
potential incentive of $67,500.00 for a total award of $5,457,827.90
• Construction is anticipated to begin early Summer of 2021 with an estimated completion
time of 10 months (301 calendar days).
Introduction:
This agenda item is being presented for approval to enter into a contract with DDM Construction
Corporation; for the reconstruction of Plantation Drive & Mossy Oaks Street; in the amount of
$5,390,327.90; with a maximum potential incentive of $67,500.00; for a total contract amount of
$5,457,827.90; as provided by 2020 Bond proceeds.
History:
In 2013, a pavement condition assessment was performed, which identified streets in need of
rehabilitation and reconstruction and the budget process began for this project. In 2016, Pape Dawson
Engineers was engaged to design this project. The design contract went before council in February
2016. The original plan was to construct in 2017, however, there was a growing concern about
construction fatigue with the multiple street reconstruction projects that were underway at that time.
Due to its estimated impacts to residents, the Plantation Drive & Mossy Oaks Street Reconstruction
Project was requested to be pushed back several years. During that time, more drainage information
became available and was incorporated into the project. In 2018, another pavement condition
assessment was performed, showing continued decline of the paving conditions, leading to the 5 -year
planning process and budgeting for the project in FY 2020-2021. In preparation for this project, bonds
were sold in 2020 for $7,800,000.00 for this project. This cost estimate was based on historical unit
costs and the scope of the reconstruction. Staff has seen recent declines in unit costs related to street
construction, which is reflected in the bid price for this project well below the expected cost. The
savings on this project would be available for future street projects once the Plantation and Mossy
Oaks project is complete.
Analysis:
Through an analysis of all streets within the City of Coppell, Plantation Drive & Mossy Oaks Street
were identified as in need of reconstruction. These two streets are deteriorating rapidly due to the
advanced age. The construction project is budgeted for the 2020-2021 fiscal year and is funded
through the 2020 Bond sale.
This project scope shall consist of the removal and replacement of the full length (4,300 LF) of
Plantation Drive, from the intersection of Coppell Road to Bethel School Road and the full length
(600 LF) of Mossy Oaks Street from Spanish Moss Court to Whispering Hills Drive. The first 3,450
LF of Plantation Drive is a typical 37' wide residential street section within60' right-of-way,
transitioning to a boulevard section with a 20' landscaped median for the remaining 850 LF within a
varying right-of-way section. This project will replace the existing sanitary sewer, water, storm
drainage and inlets, paving, alley approaches and driveways within the right-of-way. Approximately
23,030 SY of 6" concrete pavement will be removed and replaced with this project. Approximately
935 LF of 8" waterline and 4,270 LF of 12" waterline will be replaced with this project.
Approximately 2,390 LF of 8" sanitary sewer and 2,180 LF of 12" sanitary sewer will be replaced
with this project. Approximately 3,790 LF of various sized storm drain will be replaced with this
proj ect.
This proj ect includes restoration of sod, landscaping, irrigation, mailboxes, signs, and any other items
disturbed during the project. Traffic will be reduced to one direction eastbound (Plantation) and
southbound (Mossy Oaks) for the duration of the construction project.
2
This item is presented to award the bid for street reconstruction. DDM Construction Corporation was
the lowest responsible bidder of the nine bidders, as well as bid the least number of days to complete
the project. A+B Bidding was utilized to allow for competition related to cost (A) and time (B). Bids
are evaluated on the basis of cost and time, but only the cost is included in the contract. Base bids
ranged from $5,390,327.90 to $9,019,303.00 and days bid ranged from 301 days to 400 days. The bid
tabulation is attached to the item. The project includes available performance incentives capped at
$67,500.00, as well as the potential for liquidated damages at $1,500.00 per day.
Upon award of the project, staff will schedule a neighborhood meeting or meetings along with the
contractor and engineer. During this meeting, residents and stakeholders will be provided with an
overview of the project and what to expect during construction. These meetings also provide an
opportunity to discuss specific concerns or accommodations that may be needed for individual
properties. As described above, this project has been discussed in the public and through multiple
reports, meetings, and processes since first identified as a need in 2013. Once construction begins,
staff will be in regular communication with residents and stakeholders and available for questions or
concerns throughout the project.
Legal Review:
The City's standard construction contract has been reviewed by legal periodically, with changes made
as requested.
Fiscal Impact:
The fiscal impact of this Agenda item is $5,457,827.90 as budgeted from 2020 Bond proceeds.
Recommendation:
The Public Works Department recommends approval of this item.
3
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ENGINEERS . .... .
April 9, 2021
Ms. Jamie Brierton
Project Manager/CIP Coordinator
City of Coppell
255 E. Parkway Blvd.
Coppell, TX 75019
RE: Recommendation to Award
Plantation Drive and Mossy Oaks Drive
Bid Number: Q-0421-21
City Project Number: TAX2015B
Dear Ms. Brierton:
Sealed bids for the referenced project were received on Thursday, April 1, 2021. After tabulation and
review of the bids received, it is our recommendation that the project be awarded on the basis of the low
bid in the amount of $5,841,827.90 (Base Bid (A) $5,390,327.90, plus Calendar Days (B) $451,500.00) to
DDM Construction Corporation.
We welcome the opportunity to work with you on this project. Should you have any questions, please do not
hesitate to contact me at 817-870-3668 or mspear@gape-dawson.com.
Sincerely,
Pape -Dawson Engineers, Inc.
Mark C. Spear, P..
Managing Vice President
S:\projects\611\03\00\Admin\Correspondence\Letters\210409 Recommendation to Award.docx
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4ek,,,phone� 87.7-870.3668 addrtR,=„ ONE RWGM,AR CENTRE, 6SOO WESTFREEWAY, SUIpTF 700 FORT WORTH, TX 76.1.16 vvebslte. PAPIE-DAWSO N.COM
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PROJECT IDENTIFICATl10N: Plantation Drive & Mossy Oaks Drive
Project No. TAX2015B
Coppell, Texas
B I D OF Of( 0, DATE
(NAME OF FIRM)
THIS BID IS SUBMITTED TO: City of Copped (hereinafter called OWNER)
c/o Purchasing Manager
255 East Parkway Boulevard
Coppel�l, Texas 75019
The: undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into
an agreement with OWNER in the form included in t�he Contract Documents to
perform and furnish all Work as !specified, or indicated in the Contract Documents
for t�he Contract Price and within the Contract Time indicated' in this Bid and in
accordance with the otherterms and cr ons of the Contract Documents.
ot BIDDER accepts all of the terms and conditions of the Advertisement or Notice
Bidders and Instructions to Bidders. Thlis Bid will remain subject to acceptance I
ninety (90) days after the day of Bid opening. BIDDER will sign and submit t
Agreement with oither documents required by t�he Bidding Requirements with
fifteen (15), days after the date of OWNER's Notice of Award�. 11
1 In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,
that:
(a) BIDDER has examined! copies of all the Bidding Documents and of the
following Addenda (receipt of all which is hereby acknowledged):
No:
Date-,
Rec'd:
"Z.,
33, 1
4 13111
1-15 Bidding Documents
(b) BIDDER has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and
Regulations that in any manner may affect cost, progress, performance or
furnishing of the Work.
(c) BIDDER has studied carefully all reports of exploration and tests of
subsurface conditions contained in the contract documents and which have
been used in preparation of the contract documents. CONTRACTOR may
rely upon the accuracy of the technical data contained in such reports, but
not upon nontechnical data, interpretations or opinions contained therein or
for the completeness thereof for CONTRACTOR's purposes. Except as
indicated in the immediately preceding sentence, CONTRACTOR shall have
full responsibility with respect to subsurface conditions at site.
BIDDER has studied carefully all drawings of the physical conditions in or
relating to existing surface or subsurface structures on the site, which are
contained in the contract documents and which have been utilized in
preparation of the contract documents. CONTRACTOR may rely upon the
accuracy of the technical data contained in such drawings, but not for the
completeness thereof for CONTRACTOR's purposes. Except as indicated
in the immediately preceding sentence, CONTRACTOR shall have full
responsibility with respect to physical conditions in or relating to such
structures.
(d) BIDDER has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations,
explorations, tests and studies (in addition to or to supplement those referred
to in (c) above) which pertain to the subsurface or physical conditions at the
site or otherwise may affect the cost, progress, performance or furnishing of
the Work as BIDDER considers necessary for the performance or furnishing
of the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents;
and no additional examinations, investigations, explorations, tests reports or
similar information or data are or will be required by BIDDER for such
purposes.
(e) BIDDER has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities. No additional
examinations, investigations, explorations, tests, reports or similar
information or data in respect of said Underground Facilities are or will be
required by BIDDER in order to perform and furnish the Work at the Contract
Price, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents.
(f) BIDDER has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and
conditions of the Contract Documents.
1-16 Bidding Documents
(g) BIDDER has given ENGINEER written notice of all conflicts, errors or
discrepancies that it has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to BIDDER.
(h) This bid is genuine and not made in the interest of or on behalf of any
undisclosed person, firm or corporation and is not submitted in conformity
with any agreement or rules of any group, association, organization or
corporation; BIDDER has not directly or indirectly induced or solicited any
other Bidder to submit a false or sham Bid; BIDDER has not solicited or
induced any person, firm or corporation to refrain from bidding; and BIDDER
has not sought by collusion to obtain for itself any advantage over any other
Bidder or over OWNER.
(i) It is understood and agreed that the following quantities of work to be done
at unit prices are approximate only, and are intended principally to serve as
a guide in evaluating bids.
(j) It is understood and agreed that the quantities of work to be done at unit
prices and materials to be furnished may be increased or diminished as may
be considered necessary in the opinion of the OWNER to complete the work
fully as planned and contemplated, and that all quantities of work, whether
increased or decreased, are to be performed at the unit prices set forth,
except as provided for otherwise in the Contract Documents.
4. BIDDER understands that the work for each street will be completed in multiple
phases. Plans for phasing or move -ins by utility and paving contractors will require
approval by the Engineer. It is understood and agreed that all work under this
contract will be completed within the bid calendar days. Completion date will be
established in the Notice to Proceed. It is understood that time of completion will be
a consideration in the award of the bid.
5. It is understood and agreed that the contractor's experience in this type of work
will be a strong consideration in the award of the bid.
6. It is strongly recommended that each BIDDER visit the site prior to submitting a
bid. Construction constraints exist, including heavy traffic volume along the
roadway and accessibility requirements to & from adjacent streets,
neighborhoods and properties, which could affect productivity.
7. BIDDER will complete the Work for the following price(s):
1-17 Bidding Documents
g =-1
Plantation Drive & Mossy OAs Drive
Project No, TAX20158
City of coppoll
ENt
710,
2t
3It"s
rsT
QUANTITY
UNIT
1
LS
LS
DESCRIPTION OF "'EMS WITH
00 PRICES WRITTEN IN WORDS
r0oa
wl'mion
crimpfele irr place, for the sorn of
& ilo—ikwlsa Doliar:w,
Weir IlUMP sura. ceol
Project Sq) rage
compfete in place, ror the Sum of
, fflL;lldj�, --odfars
. .....
................
per lornp sari
Prkl-Project and Post Projcct Video Survey
r�ornplete In place, for the sum +,)f
&
per Pump surn.
mRsh, Install, Mwntain, and Remove I erlip fl Control, Devill
UNIT
PRICE
000, W
TOTAL
AMOUNT BID
. .. . .. ....
.............
complete in place, for the suing of
4
1
LS
& cerrls
per jurlp Starry
Furmsh, UnMalll, (iptaintain, and Remove Crosion Contral Des ces
.............
c an pM(�e, for the gum of
ceir
X.
-716(
Jper' lurrip sum
IT
Rqhr-of-Way Preporatirn
coinplete in PlIalco, fol" slum of
6
Y
L S
h: Dol I a rs,
& Cents
per lump Sri I
Por r lump su
7
Lfricfassified ExcavaIion
cornpWte in place, for fhe suirri of
7
6500
CY
r
Dolkars
'&1
2 Cel
1 if q, 564 60
,per
cwl,—Fya-�ej,
Project Communication
comptefle in Plafe, fOr 1he SUM Of
8
1i:)ulCeir'rs
f/43/0. 60
441,,3 &�CO
Par lut;P,&
SUM.
Rtarrove ExiVing Sanitary Sewer Mairrhole iftandwied SS Line)
complIefe in place„ for the sumoll
14
EA
Dofialr%
& Cer
per eaO
Remaje Existing Sanill Sewer Larne
r,,,0rnpWla in place, for the sum of
10
483
LF
lka' � ..--Dollars
-A 6 0
--cenis
per finear foot
Cut, Plug & Abandon Exisfing Somtary Sewer Lime
..........
oorriplefe in place, for the slurri of
—EIZE—Dollars
4 ;-. &,)
$
cenils
Per U1&;"a r fol
4" SaMary Sewer Seroce
.......
.........
complele In place, for the ,um of
12
75
EA
D
Cenis
per earth
1-18 Bidding Documents
Plantation
Drive
& Mossy
Oaks Drive
Project
No, TAX20'E5ffs
City Of
coppell
ITEM
EST
UMT
�
DESCRIPTI(aNOF ITEIVISWITHI
UINI!T
TOTAL
NO.
QUA14TITY
BID PRICES WRITTEN IN WORDS
PRICE
AMOUNT BID
8SDR-35 PVC SamIary Sewel, Pipe
complete m ph, ("e, for the sum of
I "1
1812
LF
Dalkars
& CenIs
----z4za . . .............. ...
q%
per linear foot.
............
8" SM2 PVC &'irmary Sewer P6pe
14
486
LF
co")Ietei,m place, for the som of
---115-1111 . .....
& -0
,,WJPA
60, 00
2q1i66A
—.--
per I Inear 171
12"' SIDR-26 PVC Sanitary Sewer Pipe
-o(1')jAoIre in place, f,1, the SUM Of
154y.1
LF
rly
&119
Cents
1
.ar
8" Ductolle frons Sanriary Sewer Pipe
cGmplete in pilace, for the sLim of
t6
88
LF
& i&9LME&0-1D0I1ar$
A 12-15A)
0 060-0
per 'f, "'.0.
Cement Stablized 8ackfM
complale in 1pVacc,, for the suns of
1(
101)
L
0oAar,,
CenlG
Per mear roji,
Tri,gich &afoty for Samtary Sewer
f,ornplete ri place, for 9)o sum of
18
4560
I'r
VAV Dollars
& cents
,per
fineav foot,
Sanitary Sewer 7esijlsion Inspocti[on
complete rin place, ror the surr of
9
4560
1-l'
LPOrInear
-DJYS--Da(Vars
41 15
50
4—janilary Sower hlanh0p,
20
11
EA
cogripliMe m place, for the sum cl
Doqars
&
�6,
`7 FiX. 00
c8ros
ilea each,
5' Sa"I�aryIlk vwer Mavihafi,3
compleW in place, for the sum rA
21
11
EA
_LhA - �
r� 11 V Duflars
vgv
jj;joe &1LJ,,6K a�
& Z �4
per each
5'Sar,itary Sewer Outside or%k Manhole
cemplele in pkace, for Ilroe surer of
22
5
EA
2 LJC'TVb'-1V fJJJX1,&JYjE> Dollar%
& . ........ . ?.P;'JPA
gip'
I --Cents
rex
1-19 Bidding Documents
limm
Plantatiori Drive & Mossy Oaks Drive
ProjectNa. TAX20158
City of coppell
ITEM
EST
U"rr
DESCRIPTION OF ITEMS W17H
UNIT
TOTAL
NO.
QUANTITY
BID PRICES WRITTEN IN WORDS
PRICE
AMOUNT BID
Roplacement Of Prwkite, Sanitary S,'VVepr SerVjCe iA,, Needed)
compleiri in phase, for flie SL#rl Of
23
75
EA
f 0 r c f (10ars
lo 06
1':3) w, ev
Cents
Per.a,
Cut. PkAg, & Abandon Exishng 12" Water f upe
oarripletri m place, for Rhe sum of
24
4261
LF
Dohjrs
2 %6 00
CenIs
t
peA Imear fad
Cld, Phig, & Abandon Exwslinq 8" Wales Line
cornpIete if) prate, for the Sum of
25
1069
LF
Dollam
iq
1,u
& Cei its
per linear foot
1 " Water Service
complete m place, for 11he sum al
26
78
EA
D
Cdr
l
---- 2-454b— C"e"19
per eacA.
'1' IrnS ion Service
. ..........
��OrripIeW in p1lace, for Wip sum of
27
3
EA
0N4r''7;qdi1$4WJ2 ,i �,'' k oc)Ila s
L arc
&
per each,
Connect to Existing B" Maier Line
............... . .... ....
... . ........... -
complete In place, for the sim ol
28
8
E:A
OAJBf 7R0V.5&Y,2 Dollars
a,
--24ag4— Cents
ftro
per each.
Cormed to Fxistiirq 12'"'W arer Lime (Wei Connection)
cOmpiete in pIace, for the sum of
29
3
EA
CIA& 21fQ9j-d1&L-$,&,kV''& d 1X6C19 Dollars
f
$ 00,
cents
/
per each.
B" P11C' C910 DR 14 ih aler Line
i'ornplete In place, for the sur"I of
30
935
LF
Dollars
& Cents
per Ii—Roar, cit.
2" PVC 0900 DR 14 ViMer Line
complete in place, fo; the sum of
31
4268
LF)rlkzr
Dollar,s710
I Ta%
UZI 00
Trench SaYpAy foq Water Luno
COrTjp9eje in pVace, for Vm surn of
32
5203
LF
26',0) Dolilars
&Cents
per hilear foot.
2" Air Relewie Valve
':("np""e u" P, ace, forVie sum of
33
1
FA
Ajj&L--
Cent"
j1per
erii-'r
8" GaIe Vatve
coriipiere m pilate, for ffie surra of
34
21
EA
orrfwrs
cenis
1-20 Bidding Documents
x=
Plantation Drive & Mossy Oaks Drive
Project Na TAX201'58
City of Copper/
ITEM 15ST, UNS DESCRIPTION OF ITEMS WITH UNIT TorAL
INO, QUANTIJTY � WD PRICES WRflFTEN IN WORDS PRICE AMOUNT B(D
12`0 Ite V;Ove
efc
r"O"'Plele in place, for thesorn of
35 12 EA � ""Z' 'r�' DoHars, )c)
& fi?'w� Cents
pel each,
36 49 ION ,
Duclile ron Fvtlings,
complete In Owe fw Chin Sum of
8
I �%#i , �' L, �tDaliars
NfW" .gyp
.Per Ion.
Slandard Fire Hydraof Assembry & VaNe
r,imp l pp un place" the sum 1, 1,
37 7 EA a i's
Iry ed
cents,
per each.
21" RcirriforcPd Concrete Pipe (Class M�
c0nlpfe.Ft� In l for Rhea Burn of
38 605 LF Doflars
8, 1X'S
C;, L
per firlear toot
21" R-inforced Conoreft, Pipe (Class IV'o
"c"'plete In prate, for the sum of
39 27 LF Iff —,1 Dolrars, A2
V
Cenis d.
'per hricar foot
24" Reinforcerf Concrete Pope ¢,0ass lkj
rornpleIv in plaGor f0l;t ie sura of
! tx)0
71 cenm Z vo
40 65 LF / A. dollars
per 1-1 —n �Ta � —fo OT
24" Rerriforced Concrete Pipe (Class IV
ccrrip�ete in Rae for the s rn f
41 495 L F If Dollars
& Lf4-7 �1' cems
...pea r1inear foot,
27" Reinforced Concriele Pipo (Class M)
oornple'le in plare Pur tha srao w or
42 49 LF'
Doflars
Ck
per linear foot 44�V
30"Pelmrorcr*d Concrete PRpp (Chase 1111;p
ornpre!' if) Prac fix f J
43 133 N.F DOI Ors
5If
& cervi
In
.per gonear foot �
30" R6nrorred Coricrele Pipe (Class 0))
cornplete al p0cq, for the stjg or
-44 97«t t-
Dollars
Centg
,per rnear fool , .:e# t", A2 "Y"
36" Reinforced Concrete Pipe (0ass i1)
rrrpMe In place, foa the su of
45 329 L F
Do flars
& Cerateo/'o
per finear foot.
42Reinforced Concrete Pipe ss 9.
complelp- "krJ'J 9
46 835 elf Dolilars
Cents
I F
per —I, 010t,
a =E
.........................................
Plantation Drive & Mossy Oaks Drive
Pro)eclf No, TAX2015B
City of copperil
rTEM EST UNIT OVSCRIPTION OF iTENIS WITH UNIT TOTAL
NO, QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT DID
Reinforced Concro�e Pipe (C4a$S 111 1)
�48"
CompIete In Place, for III SUM V 0"<
655
47 I -F I&AV, Dollars i2,11
Certs
;&)er firrear fnoI
,54" ReinforCed ConCrere Ppre ((;pass III)
In place, r�,,g th# Sun')
48
4Q9
LF
4%p,
Cents
,perArrearfm
10'Curb Wets
Complp
,,Io in prace, for Hie sum of
49
2 0
EA
& Cents
per earb
15' Curb Inlets
cornipd'; In l
paoe Ahesurn 0
< L
E A
Az �z
& Cents
per each
�20"Curt,t 4 1 flefs
cornrjti(�1n t I jr
.4 , o
511
4
E A
�IkKe
"w AIt"
Tj Cents
pe# each.
14' Sq Manhole
"npleje
n`u for tole sum of
vo pla I "" V
=,mlo,
52
EA
—Lll�`Mli'-"�, I D
& .
A yv'7�, ev
-2 A"I""r. 1rt
per each.
5Sq Manhole
,,U� irt)i1ace/v The 51um Of
sa
53
4
EA
I A,�t�'11, .1/11--Dolkars
per each
16' Sq- flanh*fe
al mplere in plare, for Ifle sura of
54
1
EA
Dollars
Cenis
pet "ch,
Remove, FyIslrng Sticirm Drain
crjrnfs!,� in place, for the sura of
55
1628
L
DOI I ars
Cenm
per imear fool
kemoe Inlet
complete -11.1'p I f tl f
56
13
EA
Dollars
& "10, —Centr
4,
per ea0l,
aile
Repair Exrsling Storm Mft
comptele)p for 9)e SUFT1
57
1
k, A
pIace,
—Dolfairs
—Z.A .. . ......."J
)"
&
,L>
Per ea0i
MOW,/ Exis6rg Concre.Te Wingwall
Crjmpfq,I;gJn place, or Ihe sum of
56
1
EA
DOI Fj rs
& cerils
It> i C 111,11Y
r each.
" P,
7
1-22 Bidding Documents
Plantation
Drive
& Mossy
Oaks Drive
Project
Nof 7AX2015B
City of
Coppe/I
ITEM
EST,
UNIT
DESCRIPTION OF IWITT TEMS
UNq
TOTAL
QUANTrTY�
610 ""M W111IT151 I "I WOR-
PRICE:OUNT
BID
Nendi Stalely for Onprovernents
,
cornp�ete ip,,place for the sum of
59
:3776
J_F
DcAars
Y
cerIls
? c"o
M, A,
C
�per hnear fooii,
Slowl Drim Televmcn Inspection
GOiMplete in piIace fray tl,r,e surn of
60
3776
1,
Dolkarg
&
per finear foof e�7'
ROffjove & Dispose Emslinq Con crelor PavemenUSidewaR
CQrnpiel"""qace, for the Sum of
SY
Dolla,
A
4 Cerits
L
i
1per squaire yand
6" R11111011ed Concrele Pavement
corl pkMe 4ri,place, for lf
62
1269
Sy
(
?,', 11 ,,,
> Doll n,
c
& Cenis
LD-
per square yard,
7
8- Remforc.d Concr0e Paiverrem
63
23038
SY
complete pplg for tlsq,spp of
& C7—If, A, , '11" Cents,
"Ln U7' wll
C
per sqkmre yard
8" Reinforced Stamped Concrele N emeni
"On"", in 0�,. f., the ali .1
64
45
SY
DOW$
<0
1
per squaire ywd.
8"Li eSWbfliz(,.,,dSubqradu,
26252
SY
compW,to in pla�% for the siurn of
,
(
Cenft
>
1per
square Yar
S7)
�Hyorated birne for Stabilized Subpirade �40 LE
in ,a,,,, lo, Ilie pir, I)S�
66
525
1 orl
'r"Unts"I J—r 'L4(_f Dollais
k)
,C)
&
I - Iry
(I icli—
per tori. " 7 'w
Harrier Free Ramp Single Mriecili
67
8
EA
compkaila in plwq for the surl CA,
J V Dollars
2.
& canis
0c,
pr,7e�40�
Barrier Free Rawrip DouiWe 0ire(,,iiiafr
-omplele gn plact> Per the Sum of
U14
68
12
E A
i Ddlars
Cents
,J,
pe 1. each
Barner Free Ramp Mid -Block
c MpIetc, in p�iac the surra of
69
7
EA
71n s
( DoNar
&r4`
Cnis
I..
peer each"
'T
1-23 Bidding Documents
2=
Plantation Drive & Mossy Oaks Drive
Project No, TAX2'0158
City of coppell
ITEM
FST
LJNq
..........
DESCRiPTION OF ITEMS WITH
UNIT'
TOTAL
NO,
QUANTITY
810 PRICES WRITTEN IN WORDS
PMCE
AMOUNT 810
4" Reinforced Concr0,� Sidewalk,
?"Bp eats in place, for 1he surn of
70
5185
SY
hl N Nil Dollars
I
cents
1z Z' 0 0
'J> e cl K." o C"o
I
per square yard
Concrete Leadwaik Step
cornpiele in pIace, for the sure of
71
29
EA
14a P, E ) T"' EA1 Dollars
L�� RCA Cents
1
'b L,k' oo
per fm G11.
I ype 11,A,A Raised Povonerl Markvirig
in PCare, for the SUPI Of
72
74
EA
lr,',orripiete
AZ I L E d�cll ars
—eadl—
r c
14&er
Remove & RepWce Metal Beam Guavd Fence
compPele in piace, for trot s�urr, of
73
125
LF
'V: Dollaf,:
Z'S. oo
z'� S
& L IC6 cents
I
per linear acct
6t klallbox
compfeIt, In IpWce, for the surn of
74
2
EA
'Two �-IuAJDKJ�D F' Dollars
2 00
& Cerq5
per each.
Rernove & Reset Mailbox Ouster
complete w place, for td e Sum of
75
2
EA
��4(IAJDkg D—Dollars
&
per each,
Remove & Reset Masonry Vtptaflbox Cluster
ca""plete un place, foi the surn ot
76
EA
'Tk')0 Qkell Ho �11 0141"1",sellar
& Z C--
I o o. w
111 '91 CZ)
1per each.
I
Remove & Resel Regulatory Street SiTi
conglete, in place, fol file surn 0
77
22
EA
- D
010
, � �' ) Cx
-
cents
per each
Remove & Reset Lq;thl Proe f(Coordmake krrd Onco4)
78
12
E-A
co tete wi place, for the sum 0 IDZDollar,
�,k/b s�twpfp f*IA,r�!,
& 6 1z 0 Cents
7, 0c), 0(.'t
zo o
per each
Painled Street Address on Cimb
compiete in pRace, for the sum of
79
75
EA
Tv Dollars
A Ceah�
1113
Inet each,
Restore Pakways and Disturbed Ajeas
complete in fogace, for the �,i.grn of
80
1_iM FWGI - HOU54AZO, Dollafs
Cents
0
L L2—�
h,mpsum,
—Pe
1-24 Biddin1 1 1,
10=
Plantatiori Drive & Mossy Oaks Drive
Project No. rAX20158
City of coppoil
1TEM_j
EST.
I" UNIT
DESCRIPTION OF ITEMS WITi-I
UNJ T
TOTAL
No
-.-
QLlANTI tV
OAD PRICE$ WRITTEN VNWORDS
PRICE
AMOUNT SILD
Install free
81
10
EA
complete in place, l'of the sum of
Dollars
L
ki e. (T)Gems
. ....... ........
per eadl
2" PVC CondO
compk-Re. In place. for flhe sum of
a2
50(f)
LF
C)
cenLs o,
per [meal, foot
IR:epair, Replace, Modify & Resiere Irrrgatian System
r,,ompWte, iq place, for the seam of
83
1
US.
Dulla"I'S"
& Ct-ll4
��C—
per lurnp su�l --- —1104
ordure ncy for Paying improvements
compeue in pfim,'e. foN lbestim of
84
1
LS
T11irty five 1hous,,ind Saollars
No Cerris $35000
$
per lump Sunn
Goitfingeircy for LAMy Improvemeol'S
co"llaWle In place for the surn of
85
f
US
P'hlrty five ffiWsard Dollais
aNo Cents S35,000
. ............
35,0001 00
'pe( Jump sui't'
Cuntingency for Uuiftcape Imp, vements
cxaoriplefe jo piace, for the sw n or
86
1
L S
FIfly Thousand Dollars
No Cents S50,000
50.Dol) 00
Per lumpsurn
-1-25 Bidding DocumenE
BID SUMMARY
Plantation Drive & Mossy Oaks Drive
BID NO. Q-0421-01
Coppell, TX
TOTAL BID ITEMS BASE BID (A)
TOTAL TIME BID TO COMPLETE PROJECT
TOTAL OF CALENDAR DAYS X $1,500 (B)
BASIS FOR COMPARISON OF BIDS (A) + (B)*
$ 1 390 �Z �• ?a
3 c" I CALENDAR DAYS
$
*The bid with the lowest amount for (A) + (B) will be considered the low bid. The
awarded contract amount will be on the basis of the Base Bid (A) only.
NOTE: A TIME BID OF MORE THAN 400 CALENDAR DAYS SHALL BE
CONSIDERED NONRESPONSIVE AND WILL BE REJECTED.
1. Communications concerning this Bid shall be addressed to the address of BIDDER
indicated on the applicable signature page.
2. BIDDER understands that the Owner is exempt from State Limited Sales and Use
Tax on tangible personal property to be incorporated into the project. Said taxes
are not included in the Contract Price (see Instructions to Bidders).
3. The terms used in this Bid which are defined in the General Conditions of the
Construction Contract included as part of the Contract Documents have the
meanings assigned to them in the General Conditions.
The City of Coppell reserves the right to delete any portion of this project as it may deem
necessary to stay within the City's available funds. Should the City elect to delete any
portion, the contract quantities will be adjusted accordingly.
RM
r qly
I A Proposal Guaranty shall be provided in accordance with Item 1012.5 of the
Standard Specifications for Public Works s Constr ction — North Central Texas
Council' of Governments Fourth Edition.
SUBMITTED ON " � , 11,x,)
on
11-IRMIAT7112AW, 11
The undersigned certifies that the bid prices contained in this bid have been carefufly reviewed and
are submitted as correct and final, Bidder further certifies and agrees to furnish any and/o,r a�ll
commodities upon Which prices are extended at the price offered, and upon the conditions
I
contained in the Specifications of the Invitation to Biid, The period of acceptance of this bid will' be
ninety (90) calendar days from the date of the bid opening.
STATE OF CA S, COUNTY OF (,/6,
. . . ......... .
6EFORE ME, the undersigned authority, a Notary Public in and for the State of _�LA �& , on this
A �k
day personally appeared Z`-,-()-,(J��Lrl, �M60(1b)U(A 'who after being by me
Name
duly sworn, did depose and say:
1.1, am a duly authorized office/agent for
Name
'�,NAC0(1S4Y�t1CAifv'1 C&rcztwa/') and have been duly authorized to execute the
Name of IFirm
foregoing on behalf of the said
LLYL
Name of Firm
I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or
individua�(s) engaged in the same line of business prior to the official opening of this bid. Further, (
certify that the Bidder is not now, nor has been for the past six (6) months, directly or i�ndirectly
concerned in any pooi, agreement or combination thereof, to control the price of services/
commodities bid on, or to influence any individuaRs) to bid or not to bid thereon,"
Name and, ddress of Bidder: C)
L)6 cat", y")
Telephone: 0") by 04"t Y t
'A
Title : (14 50� r
Signature:
SUBSCRIBED AND SWORN to before me b the above named''
on'this the —L�� day of 1
" (0", .. 1, Z 20
Notaryi
l�blic in and for the ate of
MELISSA RUT�,E,,,�ri
Notary �D # 1265 13 455
MY Comp �o
Aug mission E vgust 3, 202-1
RM
1IM's,1101812
40 IND
M ZTETOR M_
(Firm Name)
(General Partner)
A Corporation
By
(Corporation Name)
(State of Inc rporatio,n)
B
-(Name of person authorized to sign)
�t�ALke V_
(Title)
(Corporat Seal),
Att�est""" 1AIA., U11111-1 �A� 111,111— "' '-,
_-LAUA�,!SA O"kA,bC(AcAt
(Secretary)
Business address LI C� j.,A kp e roaC R(A �5U&'C 1`2�b
A�'W ks bo, Phone No.
A Joint Venture
IE
ME
M
By
(Name) (Address)
(Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is
a partner to the )oiint venture should be in the manner indicated! above.)
UM
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by KB. 23, 84th Leg., Regular session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Governmeni Code, by a vendor who Daie Paceivpd
has a bUsiness relationship as defined by Section 176 001(1,a) with a Ocal governmental entity and the
vendor nieets requiremerils, under Secfion 176,006(ay,
By law this questionnaire rriusl be filed wilh ffie records acirr0nisirator of the local governmental entity not later
than the 7th business day atter the date the vandor becom" aware of facts that require the statetrient to be
filed. See SeOori 176,006(a 1), Locale Government Code,
A vendor cormfijts an offense if the vendor knowingly violates Section 176A06, Local Govornment Code. An
offense under this section is a misdeiricanor,
Name of vendor who has a business relationship with local governmental entity,
21
1Z Check this box if you are filing an update to a previously filed questionnaire. (The law requiires, that YOU file an updated
completed questionnaire with the appropriate filling authority not later than the 7th buskiess day after Vie date or) which
you became aware that the originally filed questronnaire was, incomplete or inaccurale.)
Name of local government officer about whom the information is being disclosed.
Name of Officer
:41 Describe each employment or other business relationship with the local government officer, or a familly member of: the
officer, as described by Section 176.003(a)(2)(A)l, Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described, Attach, additional pages to this Form
CIO as necessary.
A Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
E] Yes El No
6, is the vendor receiving or likely to recewe taxable income, other than, investment income, from or at the direclion
of the local government office( or a family member of the officer AND the taxable income is not received from the 1!
loculi governmental entity?
F7� Yes No
-�J Describe each employment or business relationship that the vendor named in Section 11 maintains with a corporation or
other business entity with, respect to which the local government offlcer serves as an officer or director, or holds an
ownership Interest of one percent or more.
Check this box if the vendor has given, the local government officer or a farnily member of the officer one or firicire gifts
as described in Section 176-003(a)(2)(6), excluding gifts described in Section 176,003(a-1),
d
"SignatiA of vencter'doing busk iess with We governme.oal entity Date
Forrn provide 'd"'b"y"Texas Ethics Cornmission www ethics strafe tx,iiiG 11111Mnl�;
BID BOND Bond
KNOW ALL. BY''I'llf'SE DDM Construction Corporation
k,) I' Addison"I'X
(hereinaker- called 1he Principal), Lis Principal, and
Continental Casualty Company
as SLWOV, are held WId fil-rifly howid unto The City of CoppeH, Texas
�
(hero 4laficr called ihe Obfigee) in dw Penal Sum cal Five Percent of Greatest Amount Bid
(hereimifter called the Surciy),
Dollars($ 5% GAB
for the paymem of which flic PrincijW and the Surety hind ihemselves, their heirs, CXeC11101-S, SUCCCSSM"," 'Mid
assig
"ns"joind), and severally, firmly by these presems.
DJ'"VK)N (H' 'I-] IIS (-)BLl(3A'I'l0N IS SLI( ,I 1-1, I'lidt W! I I-RI"AS. the Prinomll farts SUbMd ilW01- iSitbOul to Submil
'FHE ('(-)Na Proposal to the Obfigee on a contract fin -
Reconstruction of Plantation Drive & Mossy Oaks Street Bid No. Q-0421-01 Project TAX 2015B
I NOW, H -I I,1rREI`(')RE, It' the said Contract be litnety awarded to the Principal and flue Principal, Shall, withfil such knic as
may bei specifile(L enter into the C'ontract in wrimig. ,md give bond, if bond is required, With SM -0y acceplable to the Obligee
I'm- line faithful performance of the said C'onlract, then this obhoalion shall be void- ()Iherivise lo remain in f"LM fin-ce and
c 1) Co.
signed and Scaled flies 15t day of"
c", ........................ --
sm
DDM Construction Corporation (Scal)
l roue
.. .........
w i t 1-1 c S -S
'I'ifle
Contim mpany
S��sualty a
Cindy R odriguez --4%rwY - in Fact
S-156VGE 10M XDP
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of
Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called
"the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois,
and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint
James W Leeker, William P Rutherford, Linda S Nichols, Cindy Rodriguez, Individually
of Rockwall, TX, their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their
behalf bands, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and
all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Boards of Directors of the insurance companies.
In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto
affixed on this 1 st day of December, 2020.
�CASL44 � iNSUR N,rO° ContinentalCasualty Company
National Fire Insurance Company of Hartford
ca;°OiuTe c� % American C it Company of Re ding, Pennsylvania
JULY 11,
Qu SEAL V . 0 19112a
t897 ifAR�r`' • �`
Paul T. Bruflat Ice President
State of South Dakota, County of Minnehaha, ss:
On this 1st day of December, 2020, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say:
that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance
company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a
Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the
seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said
insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance
companies.
J. MOHR
rmrnarwarK(n
d lama acorn
My Commission Expires June 23, 2021 J. Mohr Notary Public
CERTIFICATE
1, D. Johnson, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford,
an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the
Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance
companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said
insurance companies this 1st day of April, 2021.
qty GAS .(ry £ WSURq r o<
JULY 11,
V SEAM i ,gyp v 1902
?897 � HAR"r5'°`•
Form F6853-412012
Continental Casualty Company
National Fire InsuranceCompanyofHartford
American Casualtyof Reading, Pennsylvania
r Company
D. Johnson Assistant"Secretary
Go to www.cnasuretv.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
Authorizing By -Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power ofAttorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors ofthe Company at a
meetingheld on May 12,1995:
"RESOLVED: That any Senior orGroupVice President may authorize ail officer to sign specific docurnents, agreementsand instruments on behalfof the
Company provided that thenameofsuchauthorizedofficerand adescriptionofthe doctunents,ageementsorinstrunnentsthat suchofficer may sign will be
provided in writingby the Senior or Group Vice President to theSecretaryof the Company priorto such execution becoming effective."
This Power ofAttorney is signed by Paul T. Brutlat, Vice President, who has been authorized pursuant to the aboveresoIutionto execute power of attorneys o n
behalfof Continental Casualty Company.
This Power ofAttorney is signedand sealed by facsimile under and by the authorityoftlie following Resolution adopted by th c Board ofDirectors ofthe Company by
unanimous written consent dated the25 "'day of April, 2012:
"Whereas, thebylaws of the Company orspecific resolution ofthe Board ofDirectors has authorized various officers (the "Authorized Officers )to execute
various policies, bonds, undertakings and otherobligatory instruments of likenature; and
Whereas, fromtimc to time, the signature ofthc Authorized Officers, in addition to being provided in original, hard copy fo rmat, may be providedvia facsimile or
otherwise in an electronic format (collectively, "Electronic Signatures"); I ?ow therefore beit resolved: that the Electronic Signature of any Authorized Officer
shall be valid and bindingon thcCompany. "
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power ofAttorney is made and executed pursuant to and by authority o f the following resolution duly adopted by the Board of Directors ofthe Company by
unanimous written consentdated May 10, 1995:
"RESOLVED: That any Senior orGroup Vice President may authorize an officer to sign specific documents, agreements and instruments on behalfof the
Company prov ided that the nanneo fsuch authorized o 11"icer and a descrotion ofthe documents, agreements or instruments that such officer may sign will be
provided in writing by the Senior or Group Vice President to the Secretary of the Company priorto such execution becoming effective."
This Power ofAttorney is s igned by Paul T. Bru flat, Vice President, who has been au thorized pursuant to the above resolution to execute power o fat t or neys on
behalf of National Fire lnsumnce Company oAlartford.
This Power ofAttorney is signed and sealed by facsimile under andbythe authorityof tile following Resolution adoptedbythe Board of Directors o fthe Company by
unail micas written consent dated the25a'dayofApril, 2012:
"Whereas, the bylaws of the Company orspecific resolution ofthe Board of Directors has authorized various officers (the "Authorized Officers')to execute
various policies, bonds, undertakings and otherobligatory instmmentsof likenature; and
Whereas, from time to time,the signature ofthe Authorized Officers, in addition to beingprovided in original, hard copy fo nnat, maybe provided via facsimile or
otherwise in an electronic format (collectively, "Floc tropic Signatures'); Nowtherefore beit resolved: that the Electronic Signature of any Authorized Officer
shall be valid andbindingon thcCompany. "
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTYCOMPANY OF READING, PENNSYLVANIA:
This Power ofAttorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors ofthe Company by
unanimous written consent dated May 10, 1995:
"RESOLVED: That any Senior or Group Vice President may authorize an officer to s ign specific documents, agreements and instruments onbehalfofthe
Company provided that the nameofsuch authorized officer and a description of tile documents, agreements or instruments that suchofficer may sign will be
provided in writing by the Senior or Group Vice President to the Secretary ofthe Company priorto such execution becoming effective."
This Power ofAttorney is signed by Paul T. Brutlat, Vice President, who has been authorized pursuant to the above resolution to execute powerof attorneys oil
behalf of American Casualty Company of Reading, Pennsylvania.
This Power ofAttorney is signed and sealed by facsimile under and bytheauthority ofthefollowing Resolution adopted bytheBoard ofDirectors oftheCompany by
unanimous written consent dated the 25th day of April, 2012:
"Whereas, thebylaws of the Company orspecific resolution ofthe Board ofDirectors has authorized various officers (the "Authorized Off oers')to execute
various policies, bonds, undertakings and otherobligatory instmmentsof likcnaturo; and
Whereas, fromtime to tinne,the signature ofthe Authorized Officers, in addition to being provided in original, hard copy format, maybe provided via facsimile or
otherwise in an electronic format (collectively, "Electronic Signatures'); Now therefore be it resolved: that the Electronic Signattae of any Authorized Officer
shall be valid andbindingon theCompany. "
Bid #Q-0421-01 Reconstruction Plantation Dr. and Mossy Oaks St.
TRANSMITTAL OF ADDENDUM 1
... . ...... -- -------
OWWWWWO
INSTRUCTIONS:
1. ACKNOWLEDGE RECEIPT OF ADDENDUM IN PROPOSAL, ON OUTER
ENVELOPE OF BID.
I acknowledge the receipt of Addendum No. 1
City of Coppell
PROJECT NAME:
Reconstruction Plantation Dr. and Mossy Oaks St.
March 29, 2021
CHARLES ELLIS
PROCUREMENT SERVICES DEPARTMENT
(972) 304-3643
Page 1 of I
CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019
Plantation Drive and M055V Oaks Dhve
March , 2021
61103-00
ADDENDUM NUMBER I
TO
CONTRACT DOCUMENTS & CONSTRUCTION PLANS
FOR
PLANTATION DRIVE AND MOSSY OAKS DRIIVE
SITE IMPROVEMENTS
COPPELL, TEXAS
PARTICULARS
1.01 DATE: March 26,2021
1.02 PROJECT: Plantation Drive and Mossy Oaks Drive
1.03 Bl' D N U M BER : Q-0421 -01
1.04 PROJECT NUMBER: TA 2015B
1,05 OWNER: City of Copipell
1.06 ENGINEER* Pape -Dawson Engineers, Inc,
TO* PROSPECTIVE BIDDERS
2.01 This Addendum forms a part of the Contract Documents and modifies the Construction Plan
Documents dated March 2021 with amendments and additions noted below.
2.02 Acknowledge receipt of this, Addendum in the space provided in the Bid Form. Failure to do so
may disqualify the Bidder,
2.03 This Addendurn consists of one (1) page, not including attachments.
3.01 CHANGES TO THE CONTRACT BOOK
A. Proposal/Bid Schedule
• Pay Items No, 84, 85, 86 — To include Contingency amount
• Pay ltem No, 80 — Revise bid quantity to one (1) lump sum,
B. Description of Pay Items
• Pay Item No. 6,2-63 — Revise Pay Item to indicate Owner will perform testing,
• Pay Item No, 64— Revise, Pay Item to indicate Owner will perform testing
T6,in,,porouon l wio f�wwtm,h G-uul Devvkipmnl I Stijvcymg ( Egivirownpotif
10k�phone 811-810-3668 v1dve,,s- ONE RID MAR CENTRE, 6500 WEST FREEWAY, SUITE 100 FORT" WORTH,TX76116 wobop PAPE-DAWSON,COM
FoO 'NorTh 1 5,1n Arfloom I 4u%flo , HnuMirj I rMlla� 7exw foym000ng Fwn �470
Bid #Q-0421-01 Reconstruction Plantation Dr. and Mossy Oaks St.
TRANSMITTAL OF ADDENDUM 2
--------- -
INSTRUCTIONS:
1. ACKNOWLEDGE RECEIPT OF ADDENDUM IN PROPOSAL, ON OUTER
ENVELOPE OF BID.
I acknowledge the receipt of Addendum No. 2
City of Coppell
PROJECT NAME:
Reconstruction Plantation Dr. and Mossy Oaks St.
March 30, 2021
CHARLES ELLIS
PROCUREMENT SERVICES DEPARTMENT
(972) 304-3643
Page I of I
CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019
1',�Iantatjon D16ve and Mossy Oaks Drive
March 26,2021
611013-00
FOR
12 1.4 12Mk=St*_1' AAVEAV T.W.
L1111ts•
PARTICULARS
1.01 DATE. March 29, 2021
1.02 PROJECT: Plantation Drive and Mossy Oaks Drive
1,03 BID NUMBER: Q-0421 -01
1,04 PROJECT NUMBER: TAX2015B
1.05 OWNIIER: City of Coppek
1,06 ENGINEER. Pape -Dawson Engineers, Inc,
fimmm�� 0 �911 �
,2.01 This Addendurn forrn5 a part of the Contract Documents and modifies the Construction Plan
Documents dated March 2021 with annencinients and additions noted below,
2.02 Acknowledge receipt of this Addendum in the space, provided in the Bid Form, Failure to do so
may disqualify the Bidder.
2.03 This Addendum consists of one (1) page, not includlng attachments,
A. Proposal/Bid Schedule
• Pay Items No. 211— Revise bid quantity to 11 each.
• Pay Item Nolo. 21 — Revise bid quantity to 11 each,
3.02 CHANGES TO THE CONSTRUCTION PLANS
A, Sheet 3 — Revised quantities,
B. Sheet 19 — Added manhole callout to plan view on Tara Court.
C. Sheet 39— Added existing inlets to be removed,
po6q)fionu, 917-870-3668 vklrel,', ONE RIDE AR CENTRE, 6500 WEST FREEWAY, SUM 700 FORT WORTH, TX 76116 w,7,ho(e PAPE -DAWSON CoM
F,,0 Woflh 1S�11� J A�j,rpja�c� ;kv)rj 1 s roo), Fn4Vm'wmrj F"m v j"11
Bid #Q-0421-01 Reconstruction Plantation Dr. and Mossy Oaks St.
TRANSMITTAL OF ADDENDUM 3
INSTRUCTIONS:
1. ACKNOWLEDGE RECEIPT OF ADDENDUM IN PROPOSAL, ON OUTER
ENVELOPE OF BID.
I acknowledge the receipt of Addendum No. 3
City of Coppell
PROJECT NAME:
Reconstruction Plantation Dr. and Mossy Oaks St.
March 30, 2021
CHARLES ELLIS
PROCUREMENT SERVICES DEPARTMENT
(972) 304-3643
Page 1 of I
CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019
Plantation Drive and Mossy Oaks Drive
March 30,12021
61103-00
ADDENDUM NUMBER 3
TO
CONTRACT DOCUMENTS & CONSTRUCTION PLANS
FOR
PLANTATION DRIVE AND MOSSY OAKS DRIVE
SITE IMPROVEMENTS
CO,PPELL, TEXAS
PARTICULARS
1.01 DATE: March 30, 2021
1X2 PROJECT- Plantation Drive and Mossy Oaks Drive
1,03 BID NUMBER: Q-0421-01
1.04 PROJECT NUMBER: TAX2015B
1,05 OWNER: City of Copp0
1.06 ENGINEER, Pape-Daw,son Engineers, Inc,
TO: PROSPECTIVE BIDDERS
2,01 This Addendum forms a part of the Contract Documents and modifies the ConstrUction Plan
Documents dated March 2021 with amendments and additions noted b0ow,
2.02 Acknowledge receipt of this Addendum In the space provided in the Bid Form, Failure to do so
may disqualify the bidder,
2.03 This Addendum Consists of one (1) page, not including attachments,
3.01 CHANGES TO, THE CONTRACT BOOK
A, Proposal/Bid Schedule
0 Pay Iterns No, 36 and No. 66 — Revise unit to "TON"
B. DescrIption of Pay Iterns
Pay Item No. 82 - Revise Pay Item to include ground (ptjl�) boxes and specify rnaxImurn
500 foot spacing,
0/4o o I � ij D 0, vi, 115 P I � I ✓ nIP V v � 1 "'12, ( E V1 V I I 6 j ; I I I t
oAhophimt 817470,3668 JeJdro,w ONE RIDGMAR CENTRE, 6500 WEST FREEWAY, SUITE 700 FoRT WORTH, TX76116 N4 -b,60- PAPE-DAINSON.0014
FoO N,�Wh AW boo AONPIP Hm, ,Pnn I Fiou t4;0
� 0 1
1, David Ma!rkwardt, Owner of DDM ConstrucUon Corporation, orga�niz�ed and existing under the
laws of the State of Texas and having its principal place of business at 4006 Belt Line Rd�. Ste,
230, Addison, TX 750!01, hereby certify thatthe folllowing is a true copy of a resolution adopted
by the Board of Directors of the Corporation at a meeting convened and held on June 30, 2020
at which a quioruni was present and voitini throuahout and 6 011ifilot W iiku)
I WA W
tTjt� (;naILUj A #y-Ia s of Me Uorporatim
RESOLVEU That the following individuals are hereby authorized to sign on behalf of the
Corporation any contracts or binding documents, as may from time to time be necessary in the
course of business:
David Markwardt
Zackery Markwardt
as Officers of the Corporation as described:
Melissa Rutledge Secretary
I further certify that this Corporation is duly organized and existing, and has the power to take the
action called for by the foregoing resolution,
eq
110N
David Markwardt, Owner
Z'a' kery�MbrkwardlL President
Date
6
0
2))
Date
Mefissa Rutledge, Secretary Date
Witness, my hand seal of this corporation on this day of iA(li
OR�
C',P FE L
File ID: 2021-5668
Version: 1
File Name: Maple Mart PH
City of Coppell, Texas
Master
File Number: 2021-5668
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Public Hearing
In Control: Administration
File Created: 05/03/2021
Final Action:
Title: PUBLIC HEARING:
Consider approval of a Resolution granting a variance of seventy-two (72')
feet to Maple Mart, from the 300 -foot prohibited requirement, for the
off -premise sale of alcoholic beverages, with a business address being 1301
E. Belt Line Road; and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: Maple Mart Memo 2021.pdf, Variance Resolution -
Maple Mart (2021).pdf, TABC Variance App.pdf, Maple
Mart 300'.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2021-5668
Title
PUBLIC HEARING:
Consider approval of a Resolution granting a variance of seventy-two (72') feet to Maple Mart,
from the 300 -foot prohibited requirement, for the off -premise sale of alcoholic beverages, with a
business address being 1301 E. Belt Line Road; and authorizing the Mayor to sign.
Summary
Fiscal Impact:
None
Staff Recommendation:
City of Coppell, Texas Page 1 Printed on 5/7/2021
Master Continued (2021-5668)
Staff recommends approval.
Strategic Pillar Icon:
Sustainable Government
City of Coppell, Texas Page 2 Printed on 5/7/2021
T H E - C i T Y O F
COFFE , L , L
wk'
MEMORANDUM
To: Mayor and City Council
From: Ashley Owens, City Secretary
Date: May 11, 2021
Reference: Consider approval of a Resolution granting a variance of seventy-two (72') feet to
Maple Mart, from the 300 -foot prohibited requirement, for the off -premise sale of
alcoholic beverages, with a business address being 1301 E. Belt Line Road; and
authorizing the Mayor to sign.
2040: Sustainable City Government
Introduction:
Trinity Line Investment, LLC is assuming ownership of inside sales of the Chevron convenience store
located at 1301 E. Belt Line Road, formerly known as Tetco Store #623. The new owners are
requesting a Wine and Beer Retailer's Off -Premise Permit, the same as previous ownership. Texas
Alcoholic Beverage Commission (TABC) requires new permits with each ownership change. The
request before you tonight is one step in a process that new ownership must complete to receive their
TABC permit.
Analysis:
This variance is being requested for the location at the southeast corner of Belt Line and MacArthur.
The property line of this business is within 300' feet of the Discover and Share Day Care, located at
the northeast corner of Belt Line and MacArthur. The initial permit was approved in December 2006,
renewed in August 2012, and new ownership received a variance in 2013.
Notice of Public Hearing was placed in the Irving Rambler on May 1st and May 8th. As of the posting
of this agenda, the City Secretary's Office has not received any feedback.
Legal Review:
Agenda item was reviewed by Bob Hager.
Recommendation:
Approval is recommended.
1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, GRANTING A DISTANCE VARIANCE OF
SEVENTY-TWO (72') FEET TO MAPLE MART, LOCATED AT
1301 E. BELTLINE, COPPELL, TEXAS, AS PROVIDED IN
SECTION 6-16-2(H) OF THE CODE OF ORDINANCES OF THE
CITY OF COPPELL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article 6-16 of the Code of Ordinances places certain distance
prohibitions from churches, schools, and day cares to businesses that sell or offer to sell
alcoholic beverages; and
WHEREAS, the City Council may grant a variance to such business upon proof
that the best interest of the public are not served by strict compliance with the regulations;
and
WHEREAS, Maple Mart (hereinafter, "Applicant') is located within 300 feet of a
church, school or day care; and
WHEREAS, the Applicant has provided sufficient proof that such regulation
constitutes waste or inefficient use of land, or create an undue hardship and is otherwise not
effective or necessary after consideration of the health, safety and welfare of the public; and,
WHEREAS, the City Council has determined that the best interest of the
community will be served by a grant of such variance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1. That a variance of seventy-two (72') feet shall be granted to Maple
Mart, located at 1301 E. Belthine, Coppell, Dallas County, Texas, as provided in Section
6-16-2 (H) of the Code of Ordinances of the City of Coppell.
SECTION 2. That the variance granted herein is in personam to the above named
Applicant and shall expire upon relinquishment of any permit authorized by the TEXAS
ALCOHOLIC BEVERAGE COMNIISSION or its successor.
SECTION 3. That this Resolution shall take effect immediately from and after its
passage as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
day of 2021.
APPROVED:
WES MAYS, MAYOR
ATTEST:
ASHLEY OWENS, CITY SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
COPPE,
C11 -Y OF coppell
Application For Alcoholic Beverag�e Variance
Ai,"PLIGAT [ON F()R (CHECK ONE):
WINIOMM OVER 0'1'1�114AVS ()FT,-pjtp,N,41SV, I'VIVIU,
ri N"XED BEVERAGE 11�
. . . . . . . ...
NAME al"IESTABUSHMEN]":
LOMON OF ESTABLIS� WEJ41- (INCLUDING
ulgal Desci'iq�ition
4T 9t: PMPMYEI;Wi . .. .
Ad&ess 21174107
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doflned by Svctiorp 42 (, CQ0 lunlan R%,wames (`a,Jxw W a ymW m kom Wh3o, undc-r Chaj-,Nep 271, y8, 121, 61), Or 74 svho docn"4 hold ew
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WwM WKy"
Date Receive& CITY SECRETARY USE ONLY
Date notice published in newspaper
Date of Council Meedng:
Application Approved� Yes El No El
S@n2�y.. Date; _
(------------------
Fero-z Lakhani 'D'Fw Alcohol —'P-er--mi-"ts-)'---('469) 939--7866
Feroz@DFWAlcohoIPermits.com
V
Date Sent to TABC:
TEXAS ALCOHOLIC OFF -PREMISE
BEVERAGE COMMI m PREQUALIFICATION PACKET
Amps lifeflAng Nawhgesvrs A. I'm#orting Camawanahm
C,0 11 L -OFF (10/2020)
. . ....... ..... . ...................... ____ — ----- — - ------------- . . ........ ... . .. . .. . .... . ------ 1-_--1_
Submit this packet to the proper governmental entities to obtain certification for the type of license/permit for which
you are applying as required by Sections 11.37, 11.39, 11.46(b), 61.37, 61.38, 61.42 and Rule §33.13
All statutory and rule references mentioned in this application refer to and can be found in the Texas Alcoholic Beverage
Code or Rules located on our website. www.tabe.t&xes.aov11Aws1code and rut es.asD
1. Application for: Rm Original
El Reinstatement El Reinstatement and Change of Trade Name License/Permit Numb
El Change of Location El Change of Location and Trade Name License/Permit Numb
�m F4" i *''
X
BQ Wine and Beer Retailer's Off -Premise Permit
LP Local Distributor's Permit
El
BF Beer Retail Dealer's Off -Premise License
E Local Cartage Permit
P Package Store PeitET
Local Cartage Transfer Permit
Q Wine Only Package Store PeitPS
Package Store Tasting Permit
3. Indicate Primary Business at this Location
[] Grocery/Market
E] Liquor Store
N Convenience Store with Gas
....... ..............................
4. Trade Name of Location (Name of store, business, etc.)
Maple Mart
... ............. ......... ............
5. Location Address
1301 E. Belt Line Rd.
... ... ......................... ...
City
Coppell
0 Convenience Store without Gas
0 Miscellaneous
-- ----- Address
d r--ess — ------- __
.... ........ .. ....
6.
4117 Bering Way
Y." _B`us_in,es`sPh_o_n_e N6`,Alternate -,- '-Oho" n e...... N_o.,,_,'
(972) 471-1274 (469) 740-8097
8. Type of Owner
0 Individual Corporation
0 Partnership Limited Liability Company
E] Limited Partnership Joint Venture
E]
. .. Limited Liability Partnership Trust
.......
9. Owner of Business /Applicant (Name of Corporation, LLC, etc.)
Trinity in Investment LLC
ON A
El City/County/University
. ���;° QIP � �I�I�i� ..1: - _ .
Page 1 of 5 L -OFF (10/2020)
Maple Mart
300 Foot Buffer
C',P FE L
File ID: 2021-5674
Version: 1
File Name: Masks
City of Coppell, Texas
Master
File Number: 2021-5674
Type: Agenda Item
Reference:
Title: Discussion regarding mask mandate in city facilities.
Notes:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Agenda Ready
In Control: City Council
File Created: 05/05/2021
Final Action:
Sponsors: Enactment Date:
Attachments: Enactment Number:
Contact: Hearing Date:
Drafter: Effective Date:
Related Files:
History of Legislative File
ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2021-5674
Title
Discussion regarding mask mandate in city facilities.
Summary
Fiscal Impact:
None.
Staff Recommendation:
Discussion only.
Strategic Pillar Icon:
Sustainable Government
City of Coppell, Texas Page 1 Printed on 5/7/2021
C',P FE L
File ID: 2021-5671
Version: 1
File Name: CC Reports
City of Coppell, Texas
Master
File Number: 2021-5671
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Mayor and Council
Re po its
In Control:
City Council
File Created:
05/03/2021
Final Action:
Title: Report by the City Council on recent and upcoming events.
Notes:
Sponsors:
Attachments:
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2021-5671
Title
Report by the City Council on recent and upcoming events.
Summary
City of Coppell, Texas Page 1 Printed on 5/7/2021
C',P FE L
File ID: 2021-5676
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5676
Type: Agenda Item
Reference:
File Name: Exec Session - eco dev prospects
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Executive Session
In Control: City Council
File Created: 05/05/2021
Final Action:
Title: Discussion regarding economic development prospects south of Canyon
Drive and west of Denton Tap Road.
Notes:
Sponsors:
Attachments:
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2021-5676
Title
Discussion regarding economic development prospects south of Canyon Drive and west of
Denton Tap Road.
Summary
City of Coppell, Texas Page 1 Printed on 5/7/2021