CP 2021-05-25o I'll""'
COFFELL
Tuesday, May 25, 2021
City of Coppell, Texas
Meeting Agenda
City Council
5:45 PM
WES MAYS MARK HILL
Mayor Mayor Pro Tem
CLIFF LONG KEVIN NEVELS
Place 1 Place 4
BRIANNA HINOJOSA-SMITH JOHN JUN
Place 2 Place 5
VACANT BIJU MATHEW
Place 3 Place 6
MIKE LAND
City Manager
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
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 5/21/2021
City Council Meeting Agenda May 25, 2021
Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular
Called Session at 5:30 p.m. for Executive Session, Work Session will follow immediately
thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 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:
1. Call to Order
2. Executive Session (Closed to the Public) 1st Floor Conference Room
Section 551.087, Texas Government Code - Economic Development Negotiations.
A. Discussion regarding economic development prospects south of Dividend
Drive and east of Belt Line Road.
B. Discussion regarding economic development prospects south of Dividend
Drive and west of Belt Line Road.
3. Work Session (Open to the Public) Council Chambers
A. Discussion regarding agenda items.
B. Update on mask mandate and social distancing requirements.
C. Discussion regarding Grapevine Springs dredging and wall repairs.
D. Discussion regarding the expiration of the temporary sign moratorium.
E. Discussion regarding an Interlocal Agreement (Master Agreement) with
Dallas County for transportation improvements on roads inside Dallas
County that are in the Dallas County Mobility Plan.
F. Discussion of City of Coppell facilities operating hours and Coppell FY
20/21 Amended Budget.
Attachments: Soria) Distancinq Memo.Qdf
Grapevine Springs Park Wall Repairs Memo.pdf
Operating Hours Memo.pdf
Regular Session
4. Invocation 7:30 p.m.
City of Coppell, Texas Page 2 Printed on 5/21/2021
City Council Meeting Agenda May 25, 2021
5. Pledge of Allegiance
Presentations
6. New Tech High School Students - Water Sustainability Project.
Proclamations
7. Consider approval of a Proclamation designating the month of May as
"Asian Pacific American Heritage Month"; and authorizing the Mayor to
sign.
Attachments: Asian Pacific American Citizens - 2021.pdf
8. Consider approval of a Proclamation designating the month of May as
"South Asian American Heritage Month"; and authorizing the Mayor to sign.
Attachments: South Asian American Citizens - 2021.pdf
9. Citizens' Appearance
10. Consent Agenda
A. Consider approval of the minutes: May 11, 2021 (Canvass) and May 11,
2021.
Attachments: CM 2021-05-11 (canvass).pdf
CM 2021-05-11. df
B. Consider approval of the Coppell Recreation Development Corporation
appointment of officers.
Attachments: Memo.pdf
C. Consider award of Bid No. Q-0421-02 to High Production Construction
LLC, for mowing and landscape services at Rolling Oaks Memorial Center,
not to exceed $96,768.00, as budgeted, FY 20-21, and authorizing the City
Manager to sign all necessary documents.
Attachments: Memo.pdf
Mowing Bid Tab.pdf
Mowing Services Agreement.pdf
Exhibits.pdf
D. Consider approval to enter into a contract with Gee Consultants, Inc.; for
the geotechnical materials testing services associated with the
reconstruction of Plantation Drive and Mossy Oaks Street; in the amount of
$88,465.00; as provided by 2020 Bond proceeds; and authorizing the City
Manager to sign any necessary documents.
Attachments: Plantation & Mossy Oaks Geotech-Gee Contract Memo.pdf
TAX 2015B exhibits.pdf
City of Coppell, Texas Page 3 Printed on 5/21/2021
City Council Meeting Agenda May 25,3O31
Siqned_Agreement Plantation Dr. and Mossy__Oaks_St.p
E. Consider approval ofaResolution authorizing the City ofCoppeU.Texas bz
enter into an |nh*r|ooa| Agreement (Master Agreement) with Oa||aa County
for transportation improvements on roads inside Dallas County that are in
the Oa||aa County Mobility Plan; and authorizing the Mayor to sign.
Attachments:
Resolution approving Master ILA. df
11.
PUBLIC HEARING:
Consider approval ofanOrdinance designating 1-8OO-Contacta.
Reinvestment Zone No. 112pursuant bzSection 312.2O1 ofthe Property
Redevelopment and Tax Abatement Act; and authorizing the Mayor tosign.
Attachments: 1 -800 -Contacts - PH and Ordinance_Memo.pd
12. PUBLIC HEARING:
Consider approval ofanOrdinance designating Phnthu|.Inc. Reinvestment
Zone No. 113 pursuant to Section 312.201 of the Property Redevelopment
and Tax Abatement Act; and authorizing the Mayor to sign.
Attachments: Printful - PH and Ordinance Me
Printful - Notice of Public Hearing 2021.pdf
13. Consider approval ofaResolution approving anAmended and Restated
Tax Abatement Agreement by and among the City ofCoppeU and Nateno
International, Inc.; and authorizing the Mayor to sign.
Attachments: Naterra 11 Amended and Restated _202 1 -Memo. pdf
14. Consider approval ofaResolution approving anAmended and Restated
Tax Abatement Agreement bvand among the City ofCoppeUand GFPLP
Holdings Management, LLC; and authorizing the Mayor tosign.
Attachments: SFPLP Amended and Restated 2
SFPLP Amended and Restated Tax Abatement
15. City Manager Reports ' Project Updates and Future Agendas
City Council Meeting Agenda May 25, 2021
16. Mayor and Council Reports
Report by the City Council on recent and upcoming events.
17. Council Committee Reports concerning items of community involvement with no
Council action or deliberation permitted.
A. Report on Woven Health Clinic - Mayor Pro Tem Mark Hill
B. Report on Metrocrest Services - Councilmember Biju Mathew
18. Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
19. Necessary Action from Executive Session
20. Adjournment
Wes Mays, 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 21st 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 5 Printed on 5/21/2021
C',P FE L
File ID: 2021-5721
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5721
Type: Agenda Item
Reference:
File Name: exec session - eco dev s of dividend, a of belt line
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Executive Session
In Control: City Council
File Created: 05/17/2021
Final Action:
Title: Discussion regarding economic development prospects south of Dividend
Drive and east of Belt Line 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 2021-5721
Title
Discussion regarding economic development prospects south of Dividend Drive and east of
Belt Line Road.
Summary
City of Coppell, Texas Page 1 Printed on 5/21/2021
C',P FE L
File ID: 2021-5725
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5725
Type: Agenda Item
Reference:
File Name: exec - eco dev s of dividend, w of belt line
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Executive Session
In Control: City Council
File Created: 05/20/2021
Final Action:
Title: Discussion regarding economic development prospects south of Dividend
Drive and west of Belt Line 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 2021-5725
Title
Discussion regarding economic development prospects south of Dividend Drive and west of
Belt Line Road.
Summary
City of Coppell, Texas Page 1 Printed on 5/21/2021
C',P FE L
File ID: 2021-5711
Version: 1
File Name: WKS 5/25
City of Coppell, Texas
Master
File Number: 2021-5711
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Work Session
In Control: City Council
File Created: 05/17/2021
Final Action:
Title: A. Discussion regarding agenda items.
B. Update on mask mandate and social distancing requirements.
C. Discussion regarding Grapevine Springs dredging and wall repairs.
D. Discussion regarding the expiration of the temporary sign moratorium.
E. Discussion regarding an Interlocal Agreement (Master Agreement)
with Dallas County for transportation improvements on roads inside
Dallas County that are in the Dallas County Mobility Plan.
F. Discussion of City of Coppell facilities operating hours and Coppell FY
20/21 Amended Budget.
Notes:
Sponsors: Enactment Date:
Attachments: Social Distancing Memo.pdf, Grapevine Springs Park Enactment Number:
Wall Repairs Memo.pdf, Temp Sign Ordinance
Moratorium Expiration Memo.pdf, MCIP Master
Agreement Resolution Memo.pdf, Operating Hours
Memo.pdf
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 2021-5711
Title
A. Discussion regarding agenda items.
B. Update on mask mandate and social distancing requirements.
C. Discussion regarding Grapevine Springs dredging and wall repairs.
D. Discussion regarding the expiration of the temporary sign moratorium.
E. Discussion regarding an Interlocal Agreement (Master Agreement) with Dallas County
City of Coppell, Texas Page 1 Printed on 5/21/2021
Master Continued (2021-5711)
for transportation improvements on roads inside Dallas County that are in the Dallas
County Mobility Plan.
F. Discussion of City of Coppell facilities operating hours and Coppell FY 20/21 Amended
Budget.
Summary
City of Coppell, Texas Page 2 Printed on 5/21/2021
MEMORANDUM
To: Mayor and City Council
From: Mike Land, City Manager
Date: May 25, 2021
Reference: Update on mask mandate and social distancing requirements
During the previous City Council meeting on Tuesday May 11, 2021, the City Council, through
consensus, agreed to remove the mask mandate for anyone entering and using indoor city facilities
effective Monday, May 17, 2021.
On Monday, May 18, 2021, Governor Greg Abbott issued Executive Order GA -36 prohibiting
governmental entities from mandating face coverings with a few exceptions, of which municipal
facilities are not included. The City of Coppell follows the Governor's most recent Order.
An area we did not specifically discuss relates to social distancing. While CDC guidelines continue
to encourage social distancing, it is up to the local jurisdiction to determine policies related to this
issue.
Specifically, staff is seeking direction on whether or not Council is interested in the following points:
1) Removal of social distancing seating in Council Chambers for our attendees
2) Removal of transparent dividers between Council Member seating, and a return to regular
seating arrangements, including bringing the City Secretary back to the dais
3) City Council returning to the Council Conference Room for work sessions
4) Allowing the Arts Center to begin selling seating based on 100% occupancy of the facility
5) Workout/fitness equipment at the CORE
6) Full occupancy for programs and room rentals at the Library and other facilities that may not
be listed
If Council gives us direction to go to 100% capacity, the effective date will be June 1, 2021.
1
Ili* �I� (IIIA `1II µI
MEMORANDUM
To: Mayor and City Council
From: John Elias, Parks Projects Manager
Via: Jessica Carpenter, Director of Parks and Recreation
Date: May 25, 2021
Reference: Discussion related to canal dredging, wall repairs and diversion wall replacement at
Grapevine Springs Park
2040: Pillar 0: Sustainable City Government
Goal 3: Well-maintained City Infrastructure
Pillar 7: Apply `Smart City' Approach to Resource Management
Goal 1: Rebuild and revitalize Coppell's ecological zones
General Information:
Grapevine Springs Park is a historically significant park situated in Coppell and enjoyed by
residents including passive park users, birthday party attendees, wedding ceremony guests and
small event participants. The Parks and Recreation Department maintains the site which is owned
by Dallas County. The City of Coppell signed an Open Space Use Agreement with Dallas County in
1994. The agreement includes the following statements pertaining to the shared responsibility for
the preserve:
"The City of Coppell has agreed to maintain this Preserve ... for a period not to exceed ninety-nine
years;"
"The City also agrees, once initial installation and/or restoration work has been completed, to
maintain the park's structures, improvements, and facilities (i.e. flumes, parking lot, walls,
bridges, dam, BBQ pits, etc.). In the event of substantial damage caused by an act of God, the
City may ask the County to consider funding some of the repair costs."
• 2015 - City of Coppell contracted with Teague Nall Perkins to design/engineer canal
dredging & repairs to canal walls. Due to the historic nature of the park, a Cultural
Resources Survey and Antiquities Permit were required for the project.
0 2016 - The diversion wall that routed water through the park canal failed.
• 2017 -Project was put on hold.
• 12/19/2018 - City staff met at Dallas County offices to discuss funding some of the repair
cost of Grapevine Springs Park project.
• 2019 - City of Coppell contracted with Teague Nall Perkins to conduct a Feasibility Study to
evaluate and recommend a course of action to address the failed diversion wall and/or how
to get water to flow through the park canal.
• 4/11/2019 - Meeting onsite at Grapevine Springs Park with Dallas County personnel to view
failed diversion wall and canal conditions.
Introduction:
In 2015 The City of Coppell contracted with Teague Nall Perkins to design/engineer construction
documents related to canal dredging & repairs to canal walls at Grapevine Springs Park. Due to the
historic nature of the park, a Cultural Resources Survey and Antiquities Permit were required for
the project. As the project approached the final design phase in 2016, storm waters caused the
failure of a diversion wall located in Grapevine Creek. The purpose of the diversion wall was to
deflect water from the creek into the canal at Grapevine Springs Park. It is essential to have water
movement or flow through the canal to prevent water quality issues such as stagnant or standing
water and algae growth. In 2017 the project was put on hold. In 2019 the City contracted with
Teague Nall Perkins to conduct a Feasibility Study to evaluate and recommend a course of action to
address the failed diversion wall and/or how to get water to flow through the park canal. City Staff,
Dallas County and Teague Nall Perkins concluded that the best solution was to reconstruct the
failed diversion wall. Dallas County has agreed to fund 50% of the construction cost for the
dredging and wall repairs, which were estimated to be $400,000 total ($200,000 each from each
entity). Separate construction documents for the wall repairs and the dredging operation were
prepared. The City was able to utilize an interlocal agreement with the City of Southlake to procure
a quote for the dredging. The repair of the historic walls and failed diversion wall was put out for
public bids on April 10tH
Analysis:
This project will restore the site back to its original functionality and retore the aesthetic water
feature as it was intended. The current condition of the canal allows stagnant water, mosquito
proliferation and odors. Coppell and Dallas County have enjoyed a long and beneficial relationship
sharing this historical preserve. With Council direction the Parks & Recreation Department will
bring the dredging quote and the low bid for the wall repairs to the June 8, 2021 City Council
meeting for consideration of award of the project contract.
Legal Review: Agenda item does not require legal review.
Fiscal Impact: There is no fiscal impact related to this item at this time.
Recommendation: No Council action is required on this item at this time.
COURT QK0eR
ORDER O. 94- 1,519
SE P Z 0 1W4
DATE_
STATr' OF TEXAS S
COUNTY OF DALLAS 5
B2, IT REME"VA90, at a regular, of theComm, issioners Court of Dalla's
CoUnty, hold cava the _1!1IL day ofmM_w����r,�a����-# 1994, on motion made by
_Jud 2
P and seconded by
Jim Diattier Ho , the
following Order was adopted.,
WRXREAB, in 1991, Dallas County recoived a donation of 1.5,5 37 acres of park
land from the Baptist Foundation of TeXas; and
WUZ,R IMS # this acreage, which has since been named Grapevine Spriy�qs Park
Preserve, is located, within the City of Coppell; and
VVEIrAis, the City of Coppell has, agreed to maintain thOn Proserve, in
accordance with the attactied use agreement, for as period not to
exceed ninety-nine years; and I
m9ZAG, such an aqreaxont is consistent for th County Paxk to Open SpIacde
P,ol icy -
NOW THERVrORS, 89 IT 0RVZRVD, ADJUDGED AND DZURED that the Dallas County
coftmiasionosrs Court approves the use, agreement for Grapevine springs Vatk,
Pr#gerva with the City of Coppell and authorizes the County Judge to sign
said usm agreement,
DONS IN OPEN WURT tniS r-nV d1a y of
1-1% 16
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Lee r C Jacks Nancy E
Count Idge missi le, Dist. #1a Is illo
_7 1
Cohn Wi 4 r1p Mhzia V. Semos,
Cel e pane Gist. $3 Commissioner oigt. #4
=ended by
Re 0
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_QPEN ELP
WHEREAS, the City of Coppell and the County of Dallas desire to promote the
preservation of open space areas and natural park lands for the use and benefit
of the public and future generations; and
WHERMS. the City of Coppell and the County of Dallas desire to allocate
by mutual agreement the responsibilities for governmental functions and services
which are or may become necessary for the best use of acquired open space areas
in accordance with the Adopted Policy of" the Dallas County Park and Open Space
Program, and pursuant to the Texas Interlocal Cooperation Act, Chapter 791,
Government Code; Now Therefore,
Wl'TNESSETH".
This agreement, by and between the County of Dallas, Texas, acting by ,and
through its Commissioners Court, hereinafter called "County", and the City of
Coppell, Texas, hereinafter called "City", and in consideration of One Dollar
($1.00), the receipt of which is hereby acknowledged, and of the mutual covenants
and agreements of the parties hereto to be by them respectively kept aAd
performed, and hereinafter set forth, shall be as follows:'
M
City agrees to relinquish whatever legal right it may have to the property
described below' in. Section III.
I County and City agree that the land for open space use will be acquired in
fee simple by County and that the County will be responsible for All acquisition
costs, if any occur.
The County and City agree that the 15,537 acres of open space property,
more f ul ly described as Grapevine Springs Park Preserve, which, is located at the
end of Park Street, between Bethel Road and theSTL' &SW Railroad, west of Denton
Tap Road, shall be administered by the City for a period of time not to exceed
ninety-nine (99) years, beginning with the date of execution hereof, subject to
the terms and conditions hereinafter set forth, and which shall be renewable by
mutual consent of both parties. The official property description for this site
is attached to this Use Agreement as Exhibit A.
0
OPEN SPACE USE AGREEMENT
MM
The County and City agree that the City may seek to obtain the park from
the County at a future date in accordance with existing state laws,
M
The City agrees to operate this property as a public park that is, open and
readily accessible to all users regardless of residence.
VI.
The County agrees that the City may develop the property for public outdoor
recreation provided such development is consistent with the park's historical
integritY and the County's Park and Open Space policies and is approved by the
County. Conversion of the property to any use other than for public outdoor
recreation is not permissible.
Vii.
The County will conduct a park dedication ceremony- and will undertake the
following reclamation activities:
Install two Dallas County Park signs; remove overgrown vegetation from the
park" s flumes and trails: remove vegetation that otherwise threatens the park's
architectural structures: install handrails for three sets of rock steps. cap
open wells: construct an erosion control improvement along the creek:, add new
surface material to the trails, and install cable -linked bollards on the island
side that borders the erosion control improvement.
The County will also install two pedestrian foot bridges across Grapevine
Creek. Initially. these two bridges will have widths of about 6.5 feet.
However, should sufficient grant funds and donations be obtained, then one or
more of these bridges, if the City so desires. will be replaced with a wider
structure that will accommodate the City's mowing equipment.
The County will also seek to undertake any repair/restoration work to the
park's walls, BBQ pits, flumes, and dam that may be needed once the overgrown
vegetation has been removed. Such repair/restoration work, as well as the
installed bridges and erosion control work, shall be consistent with a work
schedule agreed upon by the County and City.
The County will also improve Park Street, which leads into the park, and
construct an 8 -space parking lot for the park on city right-of-way that directly
abuts the park. The City w!11 contribute $1 , 50O towards the improvement of Park
Street and shall review and approve the plans for the street improvements and the
parking area.
The value of these aforementioned restoration/reclamation activities and
improvements shall be at least $100.000.,
0
OPEN SPACE USE,AGREEMENT'
VIII.
Plans for the required erosion control improvement will be developed in,u
consultation with the City and must be approved by the City before the
construction of any such improvement can begin,_ The improvement itself must be
designed to be consistent with the City's storm water management plan and
criteria and be capable of handling ultimate development run-off, and the City
shall formally certify that the improvement 'has been designed in accordance with
these rpqui.rements and thus should not be responsible for exacerbating flooding
downstream.
M
Once reclaimed. the City agrees to mow the area contained in the original
six -acre 'F'A park (see Exhibit B) on a regular basis consistent with that of
other developed parks within the City and to generally maintain this property,
along with the other acreage that composes this entire park preserve. thus
keeping it reasonable free of litter, dumped waste, overgrown, vegetation, and
other natural or man-made conditions that would diminish the natural qualities
of the property., threaten its architectural features, or endanger the safety of
the public.
The County, using its Community Service work crews, agrees to assist the
City in mowing the park's island, which is approximately one acre in size, until
one of the initial bridges can be replaced with a wider structure as discussed
in Section VII. In providing this mowing assistance, the County shall mow the
island twice a month during the months of April -September,.
The City also agrees. once initial installation and/or restoration work has
been completed, to maintain the park's structures, improvements, and facilities
(i.e.. f1times, parking lot, walls, bridges, dam, BBQ pits, etc.), as well as any
other physical features that may be added by the City with the County's approval,
at some later date. In the event of substantial damage, caused by an act of God,
the City may ask the County to consider funding some of the repair costs.
Is
The City and the County agree that all restoration, maintenance,
installation, and construction work will be done utilizing material that is
readily available, reasonable in price, and comparable in style w,ith the park's
original materials.
am
The City agrees to assist the County in its efforts to raise funds from
governmental entities, private foundations, organizations, corporations, and
individuals for any restoration work that may be needed. The County similarly
agrees to assist the City in obtaining funding for any new capital improvements
that the City may wish to construct, with the County"s approval, at the site,
M
OPEN SPACE USE AGREEMENT
ME
The City agrees to provide normal police and fire protection for the
property at all times and shall take reasonable precautions to guard the property
from abuse through vandalism - or wanton destruction,
XIII.
The City agrees to pay for the performance of governmental functions or
services in connection with the property, excluding emergency assistance from the
County.
ON
The City and County shall perform and exercise all rights, duties,
functions and services in compliance with all applicable Federal, State, and
local laws and regulations.
V
Xv.
If the City or County fails to fulfill any condition or term of this
Agreement, then upon ninety (90) days written notice to the City or County, the
City or County may take any corrective actio, ' n reasonable or necessary to effect
such conditions or terms: for which, the County or City shall bear all costs.
Furthermore. the County may require the -City to remove any or all improvements.
fixtures. or other alterations to the property for which the City was responsible
for constructing prior to date of termination, for which the City shall bear all
costs.
XVI .
This agreement may be terminated by the mutual consent of both City and
County, Upon termination, the County agrees to provide the City reasonable time
to remove portable equipment or facilities, and the County agrees to purchase all
duly authorized permanent improvements erected by the City on the property at a
price that shall represent the original cost of such improvements minids
depreciation,
LIU@
The City agrees to save, protect, defend, and hold harmless the County from
any and all suits, claims, or causes of action which may arise out of or in any
manner be connected with the operation of recreation or development programs or
the negligence of City employees, agents, or servants, to the extent provided by
law; provided, however,, that this indemnity Agreement does not cover or include:
(a) any liability or obligation of third parties'based on any contract
to which the County is not a party; and
(b) any tort claim or liability for which the City would not be liable
if the same were asserted directly against the City.
EA
The County agrees to save, defend, protect, and hold harmless the City from
any and all suits, claims, cause of actions, or public liability which may arise
out of County operations of programs, to the extent provided by law; provided,
however. that this indemnity Agreement does not cover or include:
(a) any liability or obligation of third parties based on any contract
to which the County is not a part: and
(b) any tort claim or liability for which the County would not be liable
if the same were asserted directly against the County.
Nothing herein shall be deemed in any manner to constitute a waiver of any
immunity or affirmative defense'which may be asserted by the County or the City
pursuant to law. Nor, shall this provision be in any manner construed to create
a cause of action for the benefit of any person not a party to this Agreement,
or to create any rights for the benefit of any person not a party to this
Agreement not otherwise existing at law,
This Agreement shall not become effective until it has been approved by the
City Council and the Commissioners Court and signed by both parties.
Signedn ag eed by and between the
VUX4 1994,
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VF24,TOD-3�0BUO S
�C-Ity Attorney 7
ATTEST:
Commissioners Court ClIerk
UZ
County and City on this oz14i-- - day of
N
Mayor
EXHIBIT A
TRACT I
BEING a 6,296 acre tract of land out Of the J, A. Simmons
Survey, Abstract NO. 1296 in the City of Coppoll in Dallas
County, Texas and being more particularly described as follows:
COMMVNCINO at a found 1/2 inch iron rod at the intersection or
the south line of Bethel Road (50, A4,W,) and the east line of
Park Road (50' R, O] W.);
THENCE South 02 degrees 27 minutes 30 seconds Went along said
cast 'line of Park Road for 546,07 root to a found_ 7/8 Inch iron
pipe being the POINT OF BEOrNNINO;
THENCE South 29 degrees 26 minutes 52 seconds West leaving the
said east line of Park Road for 325.67 feet to a, point, for
corner;
THENCE South 44 degrees 28 minutes 00 seconds Best for 313.99
feet to a point for corner;
THENCE South 39 degrees 59 minutes 5$ seconds West for 230.41
feet to a point for corner;
THENCE North 89 degrees 28 minutes 08 seconds West for 463.015
feet to a point for corner;
THENCE Worth 00 degrees 31 minutes 52 seconds Best for 431.01
foot to a point for corner;
THENCE North 30 degrees 31 minutes 52 aecon4s seat for 290.10
foot to a point for, corner in the south line of said Park Road;
THENCE South 89 degrees 17 minutes 30 seconds East along said
south line of Pork Road for 79'.71 feet to the POINT OP 350INNIMO
and CONTAINING 274,260 square foot or 6,,296 acres of land, more
or lose.
"Mw�
BEING a 6.829 acre tract of land out of the J. A, Simmons
Survey, Abstract No, 1296 in the City of Ccppoll in Dallas
County, Texas end being more particularly described as follows:
COMMENCING at a found 1/2 inch iron rod at the intersection of
the south line of Bethel Road (50 foot RA,W) *no the east line
of Fork Road (50' B.O.W,);,
'THENCE South 02 degrees 27 minutes 30 seconds West along the
said east line of Park iRoad for 546-07 root to a found 7/8 inch,
iron pipes
THENCE South 29 degrees 26 minutes 52 seconds East .leaving the
said east line of eark Hood for 3;t5.67 foot to the POINT OP
BBOINNINO;
THENCE North 39 degrees 59 minutes 55 socando Rest for 1176.63
foci to a point for corner;
THENCE Worth 24 degrees 02 minutes 50 seconds Sent for 75,00
foot to a point for corner;
I
THE MCE 0 39 degrees 5q minutes 55 zeco.n East for aa4b.Q2
feet to _ point for corner,
THENCE South 87 degrees 20 minutes 24 seconds Eats for 3`11 11
feet to a pointfor corner
THENCE North 20 degrees 53 minutes 37 seconds Rust for 244,,9E
feet to a point for, corner:
THENCE South 88 degrees 42. minute's 24 seconds East for 238,84
feet to a point for corner;
THENCE South 20 degrees 53 minutes 37 seconds West for 456 12.
feet to a point for corner;
THENCE North 84 degrees 12 minutes 02 seconds West for 441.33
feast to a Point for corner
THENCE South south 24 degrees 02 minutes 50 seconds, West for
345..95 feet to a point for corner,.
THENCE South 1S degrees 17 minutes 10 seconds East for 117.82
feet to a point for corner;
THENCE south 39 degrees 59 minutes 55 seconds West for 22.2.93
facet to a point for corner,
THENCE North 44 degrees 28 minutes 08 seconds Welt for 31399
feet to the POINT 4Na BeOiNNINO and CONTAINING 297,.495 square
feet or 6.829 acres of lend, more or leas.
TRACT 3
BEING" a 2 412 acre tract of land out of -the J, A, Simmons
Survey, Abstract No 1296 in the City of C'op,pell in Dallas
County, Texas and being, more particularly deacribod as follows:
COMMENCINC at a found 1/2 inch iron rod at the intersection of
.the south line of Bethel Road (50' R.0„W.) and the east line of
Paris Road (50 R.0 W.)a
THENCE South 02 degrees 27 minutes 30 seconds Wast along said
east line of Park Road for 546.07 feet to a found, 7/8 inch iron
pipe;
THENCE South 29 degrees 26 minutes 52 seconds East leaving the
said east line of Park Road for 325,67” facet to aa, point;
THENCE South 44 degrees 28 minutes 08 seconds East for 313.99
feet to a point;
THENCE South 39 degrees 59 minutes 55 seconds West for 207.32
feet to the POINT OF BEOINNI'N0.
THENCE South 31 degrees Ub minutes 25 seconds „East for 440.81
feet to as point for corner in the north line of the Cottonbelt
Railroad, (100' R,O,W,4,
THENCE 'South 87 degrees 24 minutes 00 seconds West along said
north line for 284.94 feet to a point for corner„
THENCE North 31 degrees 16 minutes 25 seconds West leaving said
north line for 32.0.48 feet to a, point for corner,
THENCE North 47 degrees 06 minutes 00 seconds West .for 140.89
feet to a point for corner,
THENCE South 89 degrees 28 minutes 08 second's East for 219.82
feast to a point for "corner M
THENCE North 39 degrees 59 minutes 5.5 seconds East for 23.09
feat to the POINT OF BEGINNING and CONTAINING 105,046 square
feat or 2.412 acres of Land, more or less,.
fi
as
EXHIBIT .£
CULTURAL RESOURCES REPORT
Cultural Resources Survey for the City of Coppell Grapevine Springs Park
Drainage Improvements Project (SWF-2020-00285), Dallas County, Texas
Prepared for:
Texas Historical Commission
Texas Antiquities Permit #7520
Teague Nall and Perkins, Inc.
tnD
ague rwoIl & perkins
September 2020
On Behalf of:
CE
City Coppell
of
Et
Teague Nall and Perkins, Inc.
tnD
ague rwoIl & perkins
September 2020
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Cultural Resources Survey of the
City of Coppell Grapevine Springs
Drainage Improvements Project (SWF-2020-00285),
Dallas County, Texas
by
Kevin Stone, MA, RPA
Vice President — Cultural Resources Director
Anne Gibson, MA, RPA
Project Archeologist
Jessica Stevenson, MA
Architectural Historian
Thomas Chapman, MA, RPA
Project Archeologist
Submitted to:
Texas Historical Commission
1511 Colorado
Austin, Texas 78701
Dallas County
411 Elm Street
Dallas, Texas 75202
Teague Nall and Perkins, Inc.
5237 N. Riverside Drive
Fort Worth, Texas 76137
Prepared by:
Integrated Environmental Solutions, LLC
610 Elm Street, Suite 300
McKinney, Texas 75069
Cultural Resources Report
September 2020
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ABSTRACT
This report documents the substantive findings and management recommendations of a
cultural resource inventory conducted by Integrated Environmental Solutions, LLC (IES)
for the Grapevine Springs Drainage Improvements Project (SWF-2020-00285) in the City
of Coppell, Dallas County, Texas. Proposed construction consists of an unimproved
construction access road, retaining wall repairs, and dredging of an open canal within a
3.4 -acre area located between West Bethel Road and Southwestern Boulevard in Grapevine
Springs Park.
As the City of Coppell is a political subdivision of the State of Texas, the proposed project
will require coordination with the Texas Historical Commission (THC) prior to
construction, per the provisions of the Antiquities Code of Texas (ACT). In addition, as
the City of Coppell plans to restore and repair portions of historic walls along an existing
open canal in Grapevine Springs Park, a Section 404 of the Clean Water Act (CWA) permit
from the U.S. Army Corps of Engineers (USACE) will be required for alteration to the
historic canal to be authorized. This will require consultation with the Texas State Historic
Preservation Officer (SHPO), and USACE to determine if the undertaking will have an
adverse effect on the historic canal pursuant to 36 Code of Federal Regulations (CFR) Part
800, regulations implementing Section 106 of the National Historic Preservation Act (54
U.S. Code [USC] 300101) and 33 CFR 325 (Appendix Q.
The goal of the survey was to locate, identify, and assess any cultural resources, which
include standing buildings/structures and archeological sites that could be adversely
affected by the proposed development, and to evaluate such resources for their potential
eligibility for listing as a State Antiquities Landmark (SAL) or eligibility for listing in the
National Register of Historic Places (NRHP). The cultural resources inventory was
conducted by archeologists Kevin Stone, Anne Gibson, and Thomas Chapman on 26
January 2016 and 28 February 2020, under Texas Antiquities Permit No. 7520. A
previously recorded historic -age archeological site (41DL329) was revisited during this
survey. No artifacts were collected as part of this survey. All records will be curated at
the Center for Archeological Research (CAR) at the University of Texas at San Antonio
(UTSA).
During the survey, 20 features pertaining to Works Progress Administration (WPA)
construction were reassessed within 41DL329. The features were documented and
assessed for level of preservation to establish overall integrity of the WPA component. The
study concluded that based on the association of the park to a significant event and the
workmanship of the stone features by the WPA, IES recommends that 41DL329 be
considered eligible for listing on the NRHP and as a SAL. If through coordination with
the USACE and SHPO, it is determined that the undertaking would have an adverse effect
on 41DL329, than a Memorandum of Agreement between the USACE, SHPO, the
Advisory Council on Historic Preservation, the City of Coppell, Dallas County, and other
interested parties would be required to resolve adverse effects. No further archeological
work is warranted.
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
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Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
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TABLE OF CONTENTS
ABSTRACT...................................................................................................................................................................
i
Chapter1: Project Description.......................................................................................................................................7
1.1 Introduction.........................................................................................................................................................7
1.2 Area of Potential Effects.....................................................................................................................................7
1.2.1 Direct APE...................................................................................................................................................7
1.2.2 Indirect APE................................................................................................................................................9
1.3 Administrative Information.................................................................................................................................9
Chapter 2: Environmental Background.......................................................................................................................11
2.1 Environmental Setting.......................................................................................................................................11
2. 1.1 Climate.......................................................................................................................................................11
2.1.2 Topography, Geology, and Soil.................................................................................................................11
Chapter3: Cultural Background..................................................................................................................................17
3.1 Previously Investigations..................................................................................................................................17
3.2 Cultural Chronology..........................................................................................................................................22
3.2.1 Paleoindian Period.....................................................................................................................................22
3.2.2 Archaic Period...........................................................................................................................................23
3.2.3 Late Prehistoric Period...............................................................................................................................23
3.2.4 Protohistoric Period...................................................................................................................................24
3.2.5 Regional Historical Background................................................................................................................24
3.2.6 History of Grapevine Springs Park............................................................................................................25
3.3 Cultural Resources Potential.............................................................................................................................27
3.3.1 Prehistoric Resource Potential...................................................................................................................27
3.3.2 Historic Resource Potential........................................................................................................................27
Chapter 4: Research Questions and Methodology.......................................................................................................28
4.1 Research Goal...................................................................................................................................................28
4. 1.1 Research Goal 1 — Assessment of Archeological Deposits Below WPA Construction .............................28
4.1,2 Research Goal 2 — NRHP Current Condition Assessment and NRHP Criteria Evaluation .......................28
4.1.3 Research Goal 3 — Determine Limits of Past Archeological Surveys within Grapevine Springs Park ......
28
4.2 Methodology.....................................................................................................................................................28
4.2.1 Pedestrian Survey.......................................................................................................................................29
4.2.2 Intensive Survey........................................................................................................................................29
4.2.3 Site Recording............................................................................................................................................29
4.3 Resource Evaluation..........................................................................................................................................30
4.3.1 National Register Evaluation Criteria........................................................................................................30
4.3.2 State Antiquities Landmark Evaluation Criteria........................................................................................30
4.4 Curation.............................................................................................................................................................31
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
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Chapter5: Results........................................................................................................................................................32
General Location Map................................................................................................................
5.1 Research Goal 1 — Assessment of Archeological Deposits Below WPA Construction....................................32
Figure2.1:
5.1.1 Survey Results...........................................................................................................................................32
12
5.2 Research Goal 2 — NRHP Current Condition Assessment................................................................................33
Geologic Setting.......................................................................................................................
5.2.1 Survey Results...........................................................................................................................................35
Figure 2.3:
5.3 Research Goal 3 — Determine Limits of Past Archeological Surveys within Grapevine Springs Park .............37
14
5.3.1 DAS 1992 Survey......................................................................................................................................37
Previous Investigations within 1 Mile of the APE...................................................................
5.3.2 ARC 2000 Survey......................................................................................................................................38
Figure 3.2:
5.3.3 ARC and DAS 2007 Survey......................................................................................................................38
19
Chapter 6: NRHP and SAL Eligibility summary.........................................................................................................39
Map of Recorded Features and Test Units Provided in 1994 DAS Report .............................
6.1 Archeological Resources...................................................................................................................................39
Figure 5.1:
6.2 Architectural Resources....................................................................................................................................39
34
6.2.1 Criteria A...................................................................................................................................................39
6.2.2 Criteria C....................................................................................................................................................39
6.2.3 SAL Designation........................................................................................................................................39
Chapter 7: Adverse effects assessment and Management Recommendation..............................................................41
7.1 Adverse Effects Assessment.............................................................................................................................41
7. 1.1 Archeological Resources...........................................................................................................................41
7.1.2 Architectural Resources.............................................................................................................................41
7.2 Management Plan ..............................................................................................................................................41
7.2.1 Archeological Resources...........................................................................................................................41
7.2.2 Architectural Resources.............................................................................................................................41
Chapter8: References Cited........................................................................................................................................43
LIST OF FIGURES
Figure1.1:
General Location Map................................................................................................................
8
Figure2.1:
Topographic Setting.................................................................................................................
12
Figure2.2:
Geologic Setting.......................................................................................................................
13
Figure 2.3:
Soils Located within and Adjacent to the APE........................................................................
14
Figure 3.1:
Previous Investigations within 1 Mile of the APE...................................................................
18
Figure 3.2:
Previous Archeological Investigations within Grapevine Springs Park ...................................
19
Figure 3.3:
Map of Recorded Features and Test Units Provided in 1994 DAS Report .............................
20
Figure 5.1:
Auger Test Location Map.........................................................................................................
34
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report Page iv
LIST OF TABLES
Table 2.1: Soils Mapped within the APE.......................................................................
Table 3.1: Previously Conducted Archeological Surveys within the APE ....................
Table 3.2: Previously Recorded Archeological Sites within the APE ...........................
Table 3.3: Previously Conducted Archeological Surveys within 1 -Mile of the APE ....
Table 3.4: Previously Recorded Archeological Sites within 1 -Mile of the APE...........
Table 6.1: Summary of Adverse Effects........................................................................
APPENDICES
Appendix A: Photograph Location Map and Project Photographs (Restricted Information)
Appendix B: Archeological Site Location (Restricted Information)
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CHAPTER 1: PROJECT DESCRIPTION
This report has been written in accordance with the guidelines for reports prepared by the Council of Texas
Archeologists (CTA 2002). The report presents a brief description of the Area of Potential Effects (APE),
environmental setting, and methodology; followed by the results of the investigations and
recommendations. This report serves as the cultural resources report to satisfy the Antiquities Code of
Texas (ACT) and National Historic Preservation Act (NHPA) Section 106 requirements.
1.1 Introduction
As the project cultural resources consultant for Teague Nall and Perkins, Inc., Dallas County, and the City
of Coppell, Integrated Environmental Solutions, LLC (IES) performed a cultural resources inventory for
the Grapevine Springs Park Drainage Improvements project (SWF-2020-00285). Proposed construction
will consist of an approximately 3.4 -acre (ac) project area that is located between West Bethel Road and
Southwestern Boulevard in Grapevine Springs Park in the City of Coppell, Dallas County, Texas. The
project area is plotted on the Grapevine 7.5 -minute series U.S. Geological Survey (USGS) Quadrangle sheet
and recent aerial photograph (Figure 1.1).
The City of Coppell and Dallas County plan to dredge an existing open canal in Grapevine Springs Park
and to restore and repair Works Progress Administration (WPA) constructed walls along the canal.
Additionally, a modern concrete water diversion wall will be repaired during the proposed project. The
U.S. Army Corps of Engineers (USACE) has jurisdiction over the canal and its outfall into Grapevine Creek
under Section 404 of the Clean Water Act (CWA), and the City of Coppell and Dallas County must obtain
a permit from the USACE for alteration to the canal including restoring, repairing, and replacing the historic
walls. This will require consultation with the Texas State Historic Preservation Officer (SHPO) represented
by the Texas Historical Commission (THC) and USACE to determine if the undertaking will have an
adverse effect on the historic canal pursuant to 36 Code of Federal Regulations (CFR) Part 800, regulations
implementing Section 106 of the NHPA (54 U.S. Code [USC] 300101) and 33 CFR 325 (Appendix C).
This may result in the need for a Memorandum of Agreement (MOA) between the USACE, SHPO, the
Advisory Council on Historic Preservation, the City of Coppell, Dallas County, and other interested parties.
This report documents the cultural resources survey conducted in support of the proposed project. The
purpose of these investigations was to conduct an inventory of cultural resources (as defined by 36 CFR
800.4]) present within the proposed APE and to evaluate identified resources for their eligibility for
inclusion in the National Register of Historic Places (NRHP), as per Section 106 (36 CFR 800) of the
NHPA of 1966, as amended, or for designation as State Antiquities Landmarks (SAL) under the ACT
(Texas Natural Resources Code, Title 9, Chapter 191 [9 TNRC 19 1]) and associated state regulations (Texas
Administrative Code, Title 13, Chapter 26 [13 TAC 26]). All investigations were conducted in accordance
with 36 CFR 60.4 and 13 TAC 26, which outline the regulations for implementing Section 106 of the NHPA
and the ACT, respectively. This survey was conducted under Antiquities Permit No. 7521.
1.2 Area of Potential Effects
1.2.1 Direct APE
Due to flooding events and prolonged exposure, several segments of WPA associated retaining wall require
repair. Current plans call for dredging of Grapevine Creek using 6 -inch (in) diameter hoses leading from a
parking lot north of the entrance to Grapevine Springs Park to the creek. All activities will transpire within
a 3.4 -ac (1.37 hectare [ha]) area. Within the creek, an approximate 540 -foot (ft) (165 meter [m]) long
portion will be dredged and seven sections of a WPA retaining wall will be repaired. Although current
plans call for approximately 91 -ft of retaining wall to be repaired, additional portions of the wall could fail
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report Page 7
Figure 1.1: General Location Map
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report Page 8
during dredging activities and would subsequently need repair. Depths of impacts are anticipated to be
approximately 2 to 3 ft below surface along failed portions of the retaining wall. However, it is possible
that unexpected wall failure during dredging could have impacts greater than 3 feet below surface. All
excavated soil will be bagged and disposed at an off-site location.
Additionally, a failed water diversion wall extending into Grapevine Creek at the southernmost point of the
park will be reconstructed in the same location. An associated construction access road will be constructed
from the City of Coppell maintenance yard west of the APE to Grapevine Creek. The access road
component will include extensive grading in the western half of the APE on the bank and terraces of
Grapevine Creek. From the eastern terminus of the access road, construction vehicles and workers will
traverse the creek bed to access the failed water diversion wall.
1.2.2 Indirect APE
As the project will require a CWA Section 404 permit from the USACE, an assessment of indirect effects
is required to comply with the NHPA. Although elements of the project will remain above ground, these
elements pertain to the repair of specific sections of retaining wall along the creek's banks and a water
diversion wall. New sections of retaining and diversion walls will have minimal horizontal and vertical
footprints and will be aesthetically similar to those in place. As such, indirect effects will not be considered
for this project.
1.3 Administrative Information
Sponsor: City of Coppell
Review Agency: THC
Principal Investigator: Kevin Stone, MA, RPA
IES Project Number: 04.080.039
Days of Field Work: January 26, 2016, February 28, 2020
Area Surveyed: Approximately 3.4 ac (1.37 ha)
Sites Recommended as Eligible for National Register Listing Under Criteria in 36 CFR 60.4:
41DL329
Sites Not Recommended as Eligible for National Register Listing Under Criteria in 36 CFR 60.4:
None
Resources Recommended Eligible for SAL Under 13 TAC 26: 41DL329
Resources Recommended Not Eligible for SAL Under 13 TAC 26: None
Curation Facility: No artifacts were collected. Field notes will be temporarily curated at IES and
permanently curated at the Center for Archeological Research (CAR) at the University of Texas at San
Antonio (UTSA).
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
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CHAPTER 2: ENVIRONMENTAL BACKGROUND
2.1 Environmental Setting
2. 1.1 Climate
Dallas County is located in the north central portion of the state of Texas. This region has a humid
subtropical climate and an annual rainfall averaging between approximately 35.01 to 40.00 in. About half
of the rain usually falls between April and May, with July and August being the two driest months of the
year. The subtropical region tends to have a relatively mild year-round temperature with the occasional
exceedingly hot and cold snaps (Estaville and Earl 2008).
2.1.2 Topography, Geology, and Soil
The Grapevine 7.5 -minute U.S. Geological Survey (USGS) topographic map depicts the APE as located
within the eastern margins of a gently sloping upland setting that is dissected by Grapevine Creek (Figure
2.1). The APE is situated within a ridge that is dissected by an unnamed tributary to the north and Grapevine
Creek to the south. Topographic slope increases with proximity to the creek, which has resulted in a narrow
floodplain within the APE. The creek is located within the southern half of the APE, leaving only a small
percentage south of Grapevine Creek. The southernmost portion of the APE is located along a concrete -
lined channel that was likely created to serve as a bypass channel to prevent flooding of the park.
The APE is located within an environmental interface, known as an ecotone, between the Northern
Blackland Prairie and Eastern Cross Timber ecoregions. Variation among each ecoregion is a direct result
of the underlying geology (Diggs et al. 1999). The Northern Blackland Prairie is distinguished from
surrounding regions by gently rolling hills and fine -textured, black, clay -rich soils that support prairie
vegetation (Griffith et al. 2007; Ressel 1981). Vertisols dominate the Blackland Prairie ecoregion and
contain high clay content soils that have significant shrink and swell potential. Historical vegetation within
the region included little bluestem, big bluestem, yellow Indiangrass, and tall dropseed. Most of the prairie
has been converted to cropland, non-native pasture, and expanding urban uses around the Dallas -Fort Worth
metroplex (Griffith et al. 2007).
The Eastern Cross Timbers region was historically characterized by a narrow strip of timbered, low hills
that are orientated along a north/south axis from Tishomingo, Oklahoma to Waco, Texas (Ferning 1994).
This region contains countless hills that were once heavily wooded and contained oak, walnut, blackjack,
and hickory trees that grow in deep sandy soil (Hill 1901). Early pioneers referred to the region as the
Monte Grande (Grand Forest) and later the Lower Timbers. However, due to urban expansion, agricultural
development, and other modern activities, the natural vegetation has become highly fragmented and only a
few large tracts of undisturbed woodlands remain today (Texas Parks and Wildlife Department [TPWD]
2015).
The Eagle Ford Formation (Kef) underlies these soils, which is the westernmost and oldest geological group
within the Blackland Prairies (McGowen et al. 1987; Figure 2.2). This formation dates to the late
Cretaceous and is comprised of sedimentary rock consisting of shale, siltstone, and limestone, which grades
upward into highly plastic clay (McGowen et al. 1987; USGS 2019).
According to the Soil Survey of Dallas County, Texas, there are six soil units within the APE (Coffee 1980;
Figure 2.3; Table 2.1). The entire APE contains soils typical of in situ soil development in upland settings
within the Eastern Cross Timbers and Northern Blackland Prairie regions. Soil data was viewed from the
U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (MRCS) Web Soil
Survey (USDA 2020).
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report Page 11
�R
i
f""�cr�tuarlt �.
r]
ori
,a �n
w � i
fJ
* -"J if ✓ y ✓ fP
Figure 2.1 Area of Potential Effects - Direct
TopographOc Setting
County: Dallas
State: Texas
Gate imap created: 2121/2020
Source: UJSGS Topographic Map
7.5 Quadrangle 1 inch = 2„000 ft
Grapevine„ Carrollton (1982) ft
IES Project IRef: 04.080.038 0 2,000 4,000
Figure 2.1: Topographic Setting
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report Page 12
Kwb
Kez ,%4 z
K�f
Area of Potential Effects - Direct
Figure 2.2
Geologic Setting Geologic Formation
Kef - Eagle Ford Formation
County: Dallas Kwb - Woodbine Formation
State: Texas Qt - Terrace deposits
Date imap created: 2/21/2020 Wa - Water
Source: TNRI!S Geologic Atlas
of Texas; Dallas Sheet 1 inch = 2,000 ft
IES Project Ref: 04.080,038 ft
0 2,000 4,000
Figure 2.2-. Geologic Setting
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
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Figure 2.3: Soils Located within and Adjacent to the APE
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
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Table 2.1: Soils Mapped within the APE
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
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11 - Axtell fine sandy loam, 1 to 3 percent slopes - This component is described as clay derived from mudstone that is located
on stream terraces. Depth to a restrictive feature is more than 80 in. The natural drainage class is moderately well drained.
9.0
Typical Bt subsoil horizon depth is 20 to 53 centimeters (cm).
18 - Burleson clay, 0 to 1 percent slopes - This component is described as clay derived from mixed sources that is located on
stream terraces. Depth to a restrictive feature is more than 80 in. The natural drainage class is moderately well drained.
6.5
Typical Bs subsoil horizon depth is 30 to 61 cm.
19 - Burleson clay, 1 to 3 percent slopes - This component is described as clay derived from mudstone that is located on
stream terraces. Depth to a restrictive feature is more than 80 in. The natural drainage class is moderately well drained.
7.9
Typical Bs subsoil horizon depth is 30 to 61 cm.
34 - Ferris -Heiden complex, 5 to 12 percent slopes — This component is described as clay residuum weathered from Eagleford
Shale and Taylor Marl formations that is located on ridges. Depth to a restrictive feature, densic bedrock, is 40 to 60 in. The
39.1
natural drainage class is well drained. Typical Bk subsoil horizon depth is 20 to 91 cm.
61 - Silawa fine sandy loam, 3 to 8 percent slopes— This component is described as a fine sandy loam or sandy clay loam
located along stream terraces. Depth to a restrictive feature is more than 80 in. The natural drainage class is well drained.
36.7
Typical Bt subsoil horizon depth is 33 to 97 cm.
79 - Wilson clay loam, 1 to 3 percent slopes — This component is described as a clayey alluvium derived from mixed sources
that is located along stream terraces. Depth to a restrictive feature is more than 80 in. The natural drainage class is moderately
0.8
well drained. Typical Bt subsoil horizon depth is 13 to 51 cm.
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CHAPTER 3: CULTURAL BACKGROUND
3.1 Previously Investigations
A file search within the Texas Archeological Sites Atlas (TASA) and Texas Historic Sites Atlas (THSA),
maintained by the THC, identified no National Register properties or cemeteries located within the
proposed APE (TASA 2020; THSA 2020). A historical marker for Grapevine Springs Park is located at
the park entrance.
The TASA database indicates one previously conducted cultural resources survey has transpired within the
current APE. However, through background review it has been determined that three surveys have been
conducted within the APE (Table 3.1). Although exact boundaries of the previous surveys remain unclear,
approximate boundaries were ascertained through original report figures and data (Figures 3.1 and 3.2).
As a result of these surveys, a historic -age archeological site (41DL329) was recorded within the APE
(Table 3.2).
Table 3.1: Previously Conducted Archeological Surveys within the APE
F_
ACT"
T _,Depth
A enc
Permit##iraii/Institution
bite Trinomial
Tlate
Sut*oy Type
L6cAt,1'oii'(Ap0E2Lnate
Dallas County Park and
cwtlutal Materials
Dallas
Reference
Multiple
Lithic scatter,
n/a
Archeological
1992
Area
Overlaps majority of APE
OpenSpace Program
Society DAS
Unknown
Unknown
flakes, stone and concrete
City of Coppell
2290
AR
2000
Area
Overlaps northwest margin of APE
WPA construction
ARCItants
City of Coppell
4513
ARC
2007
Area
Overlaps central portion of APE
Table 3.2: Previously Recorded Archeological Sites within the APE
The first archeological investigation at Grapevine Springs Park was conducted by the Dallas Archeological
Society (DAS) in support of the Dallas County Park and Open Space Program, which was designed to
facilitate the reopening of the park for public use. During the survey, the DAS conducted subsurface
investigations and mapped all above ground features within the park. Through the DAS' efforts, 20 surficial
features and a variety of historic -aged artifacts were documented that pertained to WPA construction within
the park. However, only one artifact potentially dating to the mid -1800s, when Sam Houston reportedly
camped within the park, was identified during the survey. In addition, a low-density accumulation of
subsurface prehistoric lithic debris was recorded within and adjacent to the park. The majority of the
survey's 27 shovel tests terminated at approximately 20 centimeters below surface (cmbs), although a few
shovel tests went to a depth of between 40 to 55 crabs.
During the testing and mapping of newly designated site 41DL329, 20 historic -period features were
recorded, mapped (Figure 3.3), and described by DAS in a 1994 report as follows:
Features 1, 2, 3, and 4 are outdoor cooking grills made of native stone and constructed by the WPA.
Feature 1 is `T' -shaped and consists of a central chimney with three branches containing the grill
cooking area; two out of three of the grills were deemed to be in good condition. Features 2, 3, and 4
are `L' -shaped with one central cooking area and are described as being in working condition at the
time of the survey.
Feature 5 is a stone well built by the WPA that stands over the spring. On either side of the well, there
are steps leading to a stone -lined channel, which carries water from the spring to Grapevine Creek.
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report Page 17
T _,Depth
Toptograpluc
bite Trinomial
Time Period
bite T e
Site Size
Extent
cwtlutal Materials
$Cttin
Reference
Multiple
Lithic scatter,
Projectile points, lithic
Stream
41DL329
WPA
Unknown
Unknown
flakes, stone and concrete
DAS 1992
Component
Construction
WPA construction
terrace
The first archeological investigation at Grapevine Springs Park was conducted by the Dallas Archeological
Society (DAS) in support of the Dallas County Park and Open Space Program, which was designed to
facilitate the reopening of the park for public use. During the survey, the DAS conducted subsurface
investigations and mapped all above ground features within the park. Through the DAS' efforts, 20 surficial
features and a variety of historic -aged artifacts were documented that pertained to WPA construction within
the park. However, only one artifact potentially dating to the mid -1800s, when Sam Houston reportedly
camped within the park, was identified during the survey. In addition, a low-density accumulation of
subsurface prehistoric lithic debris was recorded within and adjacent to the park. The majority of the
survey's 27 shovel tests terminated at approximately 20 centimeters below surface (cmbs), although a few
shovel tests went to a depth of between 40 to 55 crabs.
During the testing and mapping of newly designated site 41DL329, 20 historic -period features were
recorded, mapped (Figure 3.3), and described by DAS in a 1994 report as follows:
Features 1, 2, 3, and 4 are outdoor cooking grills made of native stone and constructed by the WPA.
Feature 1 is `T' -shaped and consists of a central chimney with three branches containing the grill
cooking area; two out of three of the grills were deemed to be in good condition. Features 2, 3, and 4
are `L' -shaped with one central cooking area and are described as being in working condition at the
time of the survey.
Feature 5 is a stone well built by the WPA that stands over the spring. On either side of the well, there
are steps leading to a stone -lined channel, which carries water from the spring to Grapevine Creek.
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report Page 17
�kdCity of Coppell, 20141 City of Coppefl, 2014City of Coppe 1111, 2017TAP 804618Uty of Coppell, 2014-1.TAP 7111DART, 20 1TAP 7996FAR Consultants, 2001
DART, 20171
TAP 7996 1
Apfire Elf
x DOT, 19
Figure 3.1 J= Area of Potential Effects - Direct
Previous Investigations Within E= Area of Potential Effects - 1 We Buffer
I Mile of the APE Previous Archeological Survey -Area
State: Texas
Date imap created 2/21/2020
Source:� (c) 2009 Microsoft Corporation
and its data suppliers; ESR1 10.5 1 inch = 1,800 ft
I ES Project Ref: 04.080.038 ft
0 1,800 3,600
Figure I|:Previous Investigations wdhin|Mile ufthe APE
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Figure 3.2: Previous Archeological Investigations within Grapevine Springs Park
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report Page 19
�r
P12
5
J n
O' k�V
d
P
A
P
F
5 �.9
"
lz,xns,✓ C as"yh
P
All/ . r ` 4 S,
FF
f
A wu5w
�,TPbt0. fw"I
gt i � f� Y� �F 4�
F--mirl' 41 nP�
" &
km", PIP
Cowl
deiuk urr v,; cw wvall
it kl ,rf0 and '�,w � fi41ed i ir�J
40
Figure 3.3: Map of Recorded Features and Test Units Provided in 1994 DAS Report
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report Page 20
• Feature 6 is a concrete watering trough located at the end of the drainage area for the spring and was
added sometime after the park was built.
• Features 7 and 8 are stone pillars built by the WPA for wooden bridges.
• Features 9, 10, and 11 are three sets of stairs leading from one elevation to another. The stairs were
constructed by the WPA.
• Feature 12 is a pair of rock pillars, built by the WPA, that were the entrance makers for the northern
entrance to the park. The `L' -shaped pillars originally marked a road that lead to an identical set of
pillars at the western entrance and the ballpark in the southern part of the park.
• Feature 13 is a stone paved plaza area that is believed to have been a garden area.
• Features 14, 15, and 16 are WPA constructed, rock -lined drainage basins located along the canal.
• Feature 17 is the system of native rock retaining walls, made by the WPA, which run throughout the
park.
• Feature 18 is the system of rock -lined pathways created by the WPA found throughout the park. The
pathways were originally filled with gravel but are now filled with red sand.
• Feature 19 is a concrete slab with no known date or function.
• Feature 20 is the canal built by the WPA that diverts water from Grapevine Creek (See Chapter 5,
Section 5.2.1.1 Current Condition Assessment for update on feature description). A concrete dam keeps
the water level in the canal at a constant level.
It was noted in the report for the DAS testing (Green et al. 1994) that the WPA stonework features were
eligible for designation as a SAL and for inclusion to the NRHP based on the style and quality of
workmanship and the historical association with a significant person. According to the TASA database,
the site's SHPO eligibility is undetermined as of 2012.
In 2000, AR Consultants, Inc. (ARC) was contracted to survey approximately 40 ac for the proposed
construction of the Coppell City Service Center. During the survey, no prehistoric archeological sites were
encountered in 11 shovel tests. Although the majority of the survey transpired west of the park, a 3 -ac
portion of the survey area overlapped the park's northwestern corner. Investigators documented the natural
rock pillars that served as the western entrance from Coppell Road. Also, ARC observed cattle guards, an
area containing roses and a crape myrtle believed by investigators to have been the rose and cactus garden,
a series of 15 wooden posts set into concrete, and the metal baseball backstop that was part of the original
baseball diamond in the southern part of the park. A shovel test was excavated in the area, recovering no
cultural materials below surface. ARC recommended that Grapevine Springs Park be formally expanded
to include all the features mentioned and that the western entrance pillars be relocated to the western edge
of the continuous park.
The third survey was conducted in 2007 by a combination of DAS, ARC, and volunteers as part of Texas
Archeological Month. The investigations focused primarily on identifying subsurface archeological
deposits through the use of systematic pedestrian survey utilizing metal detectors and the excavation of four
1 in xl in test units. No artifacts greater than 50 years of age were documented during the survey. With
the exception of one test unit (Test Unit 4), all excavations were terminated at or slightly below 20 crabs.
Based on the results, ARC recommended that the WPA structures be stabilized and preserved.
In addition, the TASA database illustrates six previously conducted archeological surveys have occurred
within I -mile (mi) of the APE (TASA 2020; see Figure 3.1; Table 3.3). During these surveys, six
archeological sites were recorded. These sites are summarized in Table 3.4.
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Table 3.3: Previously Conducted Archeological Surveys within 1 -Mile of the APE
Table 3.4: Previously Recorded Archeological Sites within 1 -Mile of the APE
Site
ACT
AgencyAgenvy
Permit #k
F nWInstitution
Date
Survoy Type
I ocatton A raximate
Texas Department of
Cnitttra lfateMs
settinglte
xence
41DL34
Unknown
Transportation
n/a
n/a
1984
Area
0.95 mi southwest of APE
TxDOT
Artifact
Broken cobbles, one unstemmed
City of Co ell
7111
ARC
2014
Area
0.03 mi north of APE
Dallas Area Rapid
AmaTerra Environmental
Transit DART
7996
Inc.
2017
Area
0.24 mi south of APE
City of Co ell
8046
IES
2017
Area
0.13 mi east of APE
City of Coppell
8152
IES
2017
Area
0.15 mi north of APE
City of Coppell
8684
Terracon Consultants, Inc.
2019
Area
0.86 mi northwest of APE
Table 3.4: Previously Recorded Archeological Sites within 1 -Mile of the APE
Site
TimeDepth
Topographic
Trinondal
Period
SIte;T e
Slte Size
Ext nt
Cnitttra lfateMs
settinglte
xence
41DL34
Unknown
Unknown
Unknown
Unknown
Unknown
Unknown
Unknown
Artifact
Broken cobbles, one unstemmed
Lorrain
41DL309
Prehistoric
Unknown
Unknown
Ridge
scatter
biface
1990
Old
Handblown bottle glass, earthenware,
Lorrain
41DL312
Historic
Unknown
0-20
Ridge
Dru store
metal, late lass, medicine bottles
1990
Lithic
150 x 200
Cores, flakes, shatter, preform,
Lorrain
41DL330
Prehistoric
scatter
ft
Unknown
projectile pointfragment
Stream terrace
1992
Cast iron stove fragments, soda
100 x 150
bottles, oil can lid, auto parts, tin cans,
41DL535
Historic
Farmstead
ft
2 m
concrete and asphalt rubble, aggregate
Creek terrace
Butler 2017
ravels, plastic containers, car tires
Colorless, amber, and green bottle
Artifact
glass, porcelain with polychrome
Goodmaster
41DL537
Historic
scatter
6 x 20 m
Surface
decoration, undecorated white and
Creek terrace
2017
yellow ceramics
3.2 Cultural Chron0102y
The APE lies within the North-Central Texas archeological region. Archeological investigations within the
region have been summarized by Hoffman and Brooks (1989), Lynott (1981), McCormick (1976), Prikryl
(1990), Story et al. (1990), and Vehik (1994). Despite these contributions, the lack of data presents an
incomplete understanding of the archeological record within the region. The cultural chronological
sequence of the region begins with the Paleoindian and transitions to the Archaic, Late Prehistoric,
Protohistoric, and Historic Periods.
3.2.1 Paleoindian Period
The Paleoindian period began as the Pleistocene epoch was ending. It is estimated to have occurred in the
North-Central Texas region around 11,150 to 8,500 (before present [circa 1950]) B.P. The Clovis culture
is the earliest well defined culture in Texas and consists of kill, quarry, cache, camp, ritual, and burial sites.
Early research thought the Paleoindian lifestyle was dependent on the hunting of Late Pleistocene fauna
including mammoth, mastodon, bison, camel, and horse. However, current research indicates that the
Clovis culture utilized a wide variety of flora and fauna and did not rely solely on megafauna (Bousman et
al. 2004; Collins 1995).
The Folsom culture followed the Clovis and Folsom archeological sites are fairly common in Texas.
Folsom site types found in Texas consists of camp, stone -working, and kill sites (Holliday 1995). In
contrast to the Clovis culture, the Folsom populations were evidently highly mobile and specialized bison
hunters (Collins 1995). Bison bones are found in every Folsom site where faunal remains were preserved
and the sites were generally situated near grassland habitats. The Early Paleoindian period is characterized
by Clovis and Folsom projectile points, while the transition between the Early and Late Paleoindian periods
was characterized by several unfluted projectile point styles (Collins 2002).
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3.2.2 Archaic Period
A climatic shift occurred around 8,000 B.P. and marked the transition from the Pleistocene to the Holocene
epoch. The changing environment altered the landscape and prehistoric inhabitants adapted with the
change. The decline and eventual extinction of mammoth, mastodon, horse, camel, and giant bison
populations forced inhabitants to focus on deer, antelope, and other smaller game (Bousman and Oksanen
2012; Collins 1995). The change of subsistence practices resulted in technological shifts resulting in a
greater diversity of lithic technology and the use of fire -cracked rocks for hearths, ovens, middens, and
other thermal features (Collins 1995). The Archaic period is further divided into early, middle, and late
sub -periods.
The Early Archaic interval occurred in North-Central Texas from 8,500 to 6,000 B.P. and is primarily
documented from surface collections (Prikryl 1990). Significant changes in lithic technology occurred
during the Early Archaic and are evident through the development of notched projectile points, specialized
tools for woodworking, and grinding and hammering stones (Collins 1995). Projectile points associated
with the Early Archaic period include early split stemmed and perhaps Angostura (Prikryl 1990; Story et
al. 1990). While the basic hunter gatherer adaptation probably remained intact, a shift away from big game
hunting was necessary. Bison during this interval were evidently scarce or absent and it is speculated that
the decline in the number of bison within the plains forced the inhabitants to broaden their diets (Collins
1995). Subsistence efforts began to focus on local resources such as deer, fish (Turner and Hester 1999),
nuts, fruits, small mammals, and invertebrates (Collins 1995). In addition, they most likely relied on
harvesting a wide range of plant resources (Bousman and Oksanen 2012), especially those that provided
resources throughout the year such as prickly pear and lechugilla (Story 1985). Due to the change in
subsistence practices, researchers have suggested that there was a high degree of mobility within large,
poorly defined territories (Meltzer and Smith 1986; Story 1985; Prikryl 1990).
The Middle Archaic interval occurred from 6,000 to 3,500 B.P. and is poorly represented within the North-
Central Texas region. Projectile points associated with the Middle Archaic period include Andice, Bell,
Calf Creek, Dawson, Carrollton, Wells, and Bulverde (Prikryl 1990; Story et al. 1990). It is suggested that
there was a significant population increase during this interval (Black 1989; Turner and Hester 1999). With
the wide disbursal of Middle Archaic projectile points (Black 1995) and increased frequency in the use of
fire -cracked rock cooking technology (Lohse et al 2014; Hall et al. 1986) it is suggested populations
continued to interact as the population grew and came into contact with one another.
The Late Archaic interval took place from 3,500 to 1,300 B.P. and is well documented within the region.
Prikryl (1990) suggests that the population density for the region increased during the Late Archaic due to
an increase in the number of sites and distribution over the landscape. During the Late Archaic, there was
a higher diversity of projectile point types and a distinctive decrease in the size of Late Archaic projectile
points when compared to the Middle Archaic points (Collins 1995). Projectile points associated with the
Late Archaic period include Marshall, Edgewood, Castroville, Ellis, Trinity, Dallas, Palmillas, Yarbrough,
Godley, Gary, and Elam (Prikryl 1990; Story et al. 1990).
3.2.3 Late Prehistoric Period
The Late Prehistoric period occurred between 1,300 to 300 B.P. and is further divided into the Austin and
Toyah sub -periods or phases (Lynott 1977, Prikryl 1990). The transition from the use of atlatls to the
utilization of the bow and arrow and the introduction of pottery brought about significant changes to
prehistoric life.
The Austin phase occurred from 1,300 to 700 B.P. During the Austin phase, lithic projectile point
technology transitioned from atlatls dart points to large arrow points. The Catahoula, Alba, Steiner, and
Scallorn arrow points represent the projectile typology within this cultural interval. Sites from this phase
tend to consists of thin deposits, which likely reflect small, mobile groups. Faunal material suggests a broad
subsistence strategy including small and medium mammals and in limited quantity fish and freshwater
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
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mussels (Ricklis 1996). It is speculated that during this phase there was a population decrease. There is
also evidence of conflict during this phase and several burials have revealed incidents of fatal arrow wounds
(Black 1989).
The transition to the Toyah phase was the result of several cultural manifestations taking place between 700
to 300 B.P. in Texas. Among these were the use of pottery, the re -introduction of blade technology, and
the presence of bison processing tools (Boyd 2012). The ceramics are mostly bone -tempered with stick
brushed exteriors used to create plainware jars, bowls, and ollas. The lithic projectile point typology for
this phase consists of the Perdiz arrow point (Collins 1995), which is characterized by contracting stem
points with flared barbed shoulders (Turner and Hester 1999).
The presence of domesticates at the Cobb -Pool (41DL148) site and other nearby locations has sparked
debate surrounding the timing and extent of maize agriculture during the Late Prehistoric period in North-
Central Texas (Peter and McGregor 1988; Brown and Simmons 1987). Huhnke and Wurtz (2004) suggest
the stable carbon isotope value for a single disturbed burial, dating to 800 B.P., is comparable to those of
initial maize -consuming Caddo populations in Arkansas. Based on these findings they suggest maize
horticulture may have been introduced into North-Central Texas around 800 B.P. However, without
additional samples this suggestion is speculative.
3.2.4 Protohistoric Period
The transition to the beginning of the Protohistoric period is characterized by contact between indigenous
groups and Europeans. Information from this period comes from written accounts by Europeans and
generally reflected life within the missions. Information about Native American life outside the missions
is scarce and what documents do exist was written from a Eurocentric perspective. The beginning of the
Protohistoric period in Texas occurs in 1528, when Spanish explorer Cabeza de Vaca and members of his
crew were marooned in Southeast Texas. Cabeza de Vaca spent five to six years among hunter and gatherer
indigenous populations in Southeast and South Texas and parts of Northern Mexico before arriving in
Mexico City in 1536. The earliest historical accounts of Texas come from a joint report from all four
survivors and an account written by de Vaca at a later date between 1537 to 1541 (Kreiger 2002).
The Pueblo Revolt of 1680 led to the temporary expulsion of the Spanish from the New Mexico Territories
and as they retreated, the Spanish were forced to leave behind thousands of horses (Newcomb 1961). The
introduction of horses to the natives en masse completely revolutionized some native cultures and rapidly
advanced their hunting and warfare capabilities. The Apache, who had adapted to life on the plains and
hunting bison, embraced the use of the horse and now had a means of transportation that would allow them
to dominate the plains of the Texas panhandle. They began taking over the hunting grounds in Central
Texas and pushed opposing tribes either southward towards the Spanish Missions or northward towards the
North-Central Texas region (Campbell 1991). The Comanches were another powerful force during this
time in Texas and were relatively latecomers to the area. Coming from the Great Plains, they began raiding
and taking horses from the New Mexico area and reinvented themselves as mounted warriors. They entered
the areas of Northwestern Texas in the 1720s and waged a long war against the Lipan Apaches, pressuring
them and pushing them out from their homelands (Weddle 1964).
3.2.5 Regional Historical Background
Prior to the arrival of European explorers, the region now known as Dallas County was inhabited by
Caddoan groups settled along the Trinity River (Maxwell 2016). The first European contact in the area
occurred when the Moscoso expedition traversed the northeast corner of the future county in 1542. French
explorers and traders as well as Spanish missionaries were in the region during the 18th century. By 1840,
American explorers began to enter the region and settle. Settlers found rich soil, ample water, useful trees,
and an abundance of wild game. (Maxwell 2016)
Reoccurring conflicts with Native American tribes caused many of these settlers to seek protection at Bird's
Fort, located near present-day Arlington. To recruit settlers to the area, the Republic of Texas granted land
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to the Texas Emigration and Land Company, known as Peters Colony in 1841. The land claims of settlers
located at Bird's Fort were blocked by Peters Colony, thus leaving families from the fort to join one of the
first settlers of Dallas County, John Neely Bryan, on the site of the new town of Dallas in 1842. After
continuing attacks on outlying settlements by Native Americans, Sam Houston signed a treaty with tribal
chiefs at Bird's Fort in 1843. By the mid-1840s, several new communities were formed in the region.
(Maxwell 2016)
Dallas County was officially formed in 1846 and Dallas was elected the county seat in 1850. In the 1850s
and 1860s, the county's economy was dominated by crops of corn, cotton, and wheat and livestock of hogs,
cattle, and sheep. Despite the exodus of soldiers during the American Civil War, the population of Dallas
County increased as it attracted refugees and slave owners from other southern states. During the 20th
century, Dallas County gradually became less rural and agricultural as manufacturing became more
prevalent. (Maxwell 2016)
Manufacturing became increasingly significant during and immediately after World War II (WWII),
providing employment for young people coming from rural areas and creating economic growth. By 1950,
approximately 90 percent of Dallas County was classified as being urban. During the following four
decades, the population of the county tripled from 600,000 to 1,800,000. Major industries included
manufacturing, retail trade, wholesale trade, and the service industry. As of 2014, Dallas County had a
population of 2.5 million people. (Maxwell 2016)
3.2.6 History of Grapevine Springs Park
The historic period of Grapevine Springs Park is well documented. In 1841, English and American
investors secured an empresario grant from the Republic of Texas for much of north Texas, including the
area of present-day Coppell. The land grant, known as Peters Colony, was used to attract settlers to the
region. With the influx of settlers to the region, the area near Grapevine Springs and much of Coppell
developed into a community centered on agriculture and later with the poultry, livestock, and lumber
industries.
Grapevine Springs Park is reported to have once contained the encampment of Sam Houston during his
1843 visit to North-Central Texas as part of treaty negotiations with the Native American tribes at Bird's
Fort. According to the diaries of E. Parkinson, Sam Houston moved the camp at Bird's Fort to Grapevine
Springs as it was on higher ground and had fewer mosquitos. As described by the WPA records, Sam
Houston camped approximately 10 yards north of the spring under an old pecan tree (Brune 1981). After
5 or 6 monotonous days of waiting for Native American chiefs to arrive at Bird's Fort, an irritated Houston
left the spring, along with part of his escort, without a signed treaty (Naumann et al 2013).
In 1936, a land dedication was secured for the creation of a new park for Dallas County from two local
families, the Thweatts and the Millers. In the same year, the Dallas Historical Society tried to establish the
spring as a state historical site due to its association with Sam Houston but was refused by the State of
Texas based on evidence that the treaty with Native American tribes was signed elsewhere. During the late
1930s, the WPA was allotted $25,000 to develop a 12-ac park.
The WPA was established in 1935 as national relief measure during the Great Depression. New Deal
programs. including the WPA. were created to put millions of people back to work and to turn the economy
around. In Texas, around 600,000 persons were helped through employment in a variety of projects such
as the WPA Archeological Survey, Federal Music Project, Texas Historical Records Survey, Texas Writers'
Project, fine art projects, and construction projects. Using the most WPA public spending, construction
projects included parks, swimming pools, recreational facilities, highways, bridges, and other buildings.
Construction of Grapevine Springs Park lasted for eight months and utilized native stone to construct rock
walls, a canal, a dam, outdoor fireplace pits, rock well house, rock-lined walkways, and three wooden foot
bridges spanning Grapevine Creek. The park also included picnic groves, tennis courts, and a baseball
diamond. Flower and cactus gardens were strategically placed along the park's perimeter. For the grand
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report Page 25
opening of the park on 15 June 1937, local businesses closed and nearby residents flocked to the park for
festivities, many dressed in costumes of the 1840s. Much of the dedication focused on the history of the
site, which included a re-enactment of the Sam Houston peace treaty signing. Prominent speakers from
both San Antonio and Dallas were present to dedicate the new Grapevine Springs Park with an emphasis
on its historical importance (Martin 1937).
Major cities in Texas and their surrounding communities heavily benefitted from New Deal programs.
Dallas and North Texas communities was especially aggressive pursuing New Deal funding, receiving more
than $100,000,000 in federal funds (Acheson 1977). Through WPA funding, the City of Dallas embarked
on an extensive parks beautification program that was designed to make the city a showplace. Many well-
known sites in Dallas were recipients of the funding such as Dealey Plaza, Fair Park, the Terminal Annex
Federal Building, the Union Terminal Company Underpass, White Rock Lake, The Museum of Nature and
Science, and improvements to the Dallas Zoo. Other park beautification projects in Dallas similar to
Grapevine Springs Park included Juanita Craft Park, Lake Cliff Park and Reverchon Park. Juanita Craft
park utilized WPA funding for construction of a retaining wall and walkways, landscaping, and other
improvements. Likewise, Lake Cliff Park used federal funding for the construction of a retaining wall, a
bridge, paving along Colorado Boulevard, picnic units, extensive landscaping, a dedicated rose garden, and
various other improvements (City of Dallas 2020).
The land for Reverchon Park was purchased by the City of Dallas in 1914 to be used as a park. Like
Grapevine Springs Park, Reverchon Park featured a natural spring, which was believed to have medicinal
healing powers. In the 1930s, New Deal funds were used to enhance the property. WPA improvements at
Reverchon Park included a series of stonework projects including the Iris Bowl Amphitheater, fountain
entry, stone bridge over Turtle Creek, and Hillside Terrace. Hillside Terrace was a trail network of
"meandering stone stairwells, lookouts, and seating spaces that cling to the park's bluff, providing shade,
privacy, and views" (Lamster 2013). In 2013, a $2.1 million restoration project began on the historic
stonework in the park (Lamster 2013).
In the City of San Antonio, similar parks projects were being completed during the New Deal era. The
Witte Museum and the surrounding Brackenridge Park became beneficiaries to a variety of New Deal funds
administered through the Civil Works Administration, the WPA, and the National Youth Association.
Projects completed at Brackenridge Park and the Witte Museum included construction of a drainage canal,
bridge, culvert, garden, boundary walls, and a picnic area. Like Grapevine Springs Park, Brackenridge
Park has a notable history predating the New Deal era. In 2013, archaeological investigations identified a
segment of the Acequia Madre, a National Historic Civil Engineering Landmark, on the Witte Museum
Campus. In the 18th century, Spanish settlers created a diversion dam that funneled water from the San
Antonio River to the 1719 Acequia Madre, the irrigation network that supplied water to the Alamo Mission
and surrounding colonial farms. It is believed that WPA activities in the park may have buried or removed
portions of the dam and acequia (Huddleston 2017; Texas State Archaeology Network 2020). In the 19th
century and early 20th century, portions of the park property were used for cement production and municipal
water works. The park was formally established in 1899. In 2011, Brackenridge Park was listed on the
NRHP under Criterion A for its association with the development of San Antonio's park systems, Criterion
C for its collection of buildings, structures and objects from the pre -park era to the Great Depression, and
Criterion D for its archeological data potential. .
The WPA was gradually phased out during World War II (WWII) as people found employment in
manufacturing and was rendered unnecessary in 1943 (Randle 2016). At the start of WWII, the Grapevine
Springs Park closed due to a lack of funds. As part of the original agreement with Dallas County, if the
land ceased to be used as a park, then it would be returned to the original owners, the Thweatts and Millers.
The original owners used the land for agricultural purposes until it was purchased by A. Webb Roberts,
whom utilized it for grazing and as a private park. In 1975, the springs were observed to have dried up and
much of the WPA stonework had become overgrown with vegetation (Brune 1981). Roberts died in the
1970s, leaving the property to the Baptist Foundation, which gave the land to Dallas County. In an
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agreement with the City of Coppell, Dallas County agreed to lease the land for 99 years to the city (CHS
2015; Green 1994; Stafford 1991).
3.3 Cultural Resources Potential
In addition to the TASA review, several additional sources were referenced to determine the overall
potential for encountering cultural resources within the APE. These sources included the Soil Survey of
Dallas County, Texas, the Geologic Atlas of Texas, Dallas Sheet, the USGS topographic map, the NRCS
digital soil database for Dallas County, the Texas Department of Transportation (TxDOT) Potential
Archeological Liability Map (PALM) for the Dallas District, the 1936 State Highway Map for Dallas
County, the Texas Historic Overlay (THO) georeferenced maps, and both past and current aerial
photography.
3.3.1 Prehistoric Resource Potential
Previous surveys within the North-Central Texas region have indicated that the majority of prehistoric sites
are located along major perennial streams or near springs. As the park's name indicates, there is a spring
located within the park that has been flowing since before the arrival of the first Anglo settlers. Past
archeological investigations have documented prehistoric artifacts within and adjacent to the APE.
According to the TxDOT PALM, the majority of the APE contains a moderate potential for shallow and
deeply buried deposits within a reasonable context. The northernmost part of the APE generally lies within
an area that contains high potential for shallow deposits and moderate to high potential for deeply buried
deposits. Along the western boundary of the APE there is a high potential for shallow deposits and a
moderate potential for deeply buried deposits. The southernmost extent of the APE, which lies near
Grapevine Creek, contains a moderate potential for shallow deposits and a low potential for deeply buried
deposits. However, the APE contains variable levels of subsurface preservation as park development has
altered the landscape. The most significant modifications to the area occurred through WPA construction
of stone walls, paths, channels, and bridges in the 1930s. Historic aerial photographs and historic
topographic maps, dating from 1945 to present, illustrate the direct APE has remained largely unaffected
by modern disturbances. However, the DAS 1994 report mentions that local residents and treasure hunters
with metal detectors had collected artifacts from the park. Aerial photographs depict the land outside of
the APE had been used for agricultural or pastoral activities and more recently has been developed into
residential neighborhoods.
Based on these factors and the data obtained from previous investigations, the APE is considered to have a
moderate potential for prehistoric cultural resources.
3.3.2 Historic Resource Potential
During background review, WPA stone features were identified on historical and modern aerial
photographs. Visible features appear to have remained largely intact within the APE. WPA features outside
of the APE boundaries in the western portions of the park have not fared as well as a result of encroaching
development. Although past ground disturbances and archeological investigations have reduced the
potential for finding intact historic -age cultural deposits predating WPA construction, especially those
relating to Sam Houston's encampment in 1843, the APE is still considered to have a high potential for
historic -aged cultural resources related to the WPA park.
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CHAPTER 4: RESEARCH QUESTIONS AND METHODOLOGY
4_1 Research Goal
4. 1.1 Research Goal I Assessment of Archeological Deposits Below WPA Construction
Through previous investigations, the high archeological potential for both prehistoric and historic -aged
archeological deposits within and surrounding the park has been confirmed. However, during these
investigations, the majority of archeological sampling was geared toward surface and near surface deposits.
This is the result of both the implemented methodologies and the soil composition within the park. Data
from past surveys indicate that subsurface investigations have been conducted no greater than 55 cmbs with
the majority ended at 20 cmbs or less. While prehistoric artifacts have been recovered from within the park,
these artifacts were recovered at or above 20 cmbs and were likely out of context. Through past
investigations, no effort has been conducted to determine if intact archeological deposits are located below
the disturbed soil cap created by the WPA construction. To address this research question, IES will conduct
subsurface investigations designed to determine if any cultural deposits exist below the WPA construction
fill and disturbance.
4.1.2 Research Goal 2 NRHP Current Condition Assessment and NRHP Criteria Evaluation
During the initial survey of the park, conducted by the DAS in 1994, 20 features related to the WPA
construction were documented within the entirety of the park. Detailed descriptions of the features were
provided within the DAS report. Currently, the THC has an undetermined status for NRHP eligibility of
the WPA component of 41DL329; however, recommendations within the DAS report indicate the site
should be listed within the NRNP. Although recommended as such, the site was not formally evaluated
using the Criteria for Evaluation as outlined in 36 CFR 60.4 [a -d].
To address this research question, the current conditions of any WPA features within the APE will be
photographed and briefly documented so that a comparison to original DAS records can be conducted and
a level of integrity can be assessed. In addition, the WPA component of the site will formally evaluated for
NRHP eligibility under Criteria A, B, C, and D.
4.1.3 Research Goal 3 Determine Limits of Past Archeological Surveys within Grapevine Springs Park
During the background review of past archeological investigations within the APE, the TASA database for
site 41DL329 was referenced to determine survey limits. As previously mentioned, three surveys were
recorded within the APE. A digitized map illustrates that the 1992 survey is represented by an imprecise
polygon covering the densest area of WPA features. The 2000 and 2007 surveys are not included in the
TASA database. Based on survey information described in each project report, the TASA map for 41DL329
is both incomplete and inaccurate. To address this research question, new boundaries will be digitized
based on report figures and descriptions.
4_2 Methodolo
The archeological inventory for the Grapevine Springs Park Drainage project was conducted on 26 January
2016. The methods and density of excavating shovel test met the minimum requirements for field tactics
stipulated by the THC and CTA Archeological Survey Standards for Texas (CTA 1996; 2001). Prior to
field work, the IES staff conducted a historical and archeological records search to determine what cultural
resources have been recorded within the APE and within a 1 -mi radius of the APE. This information was
detailed previously. Additionally, IES staff reviewed ecological, geological, soils data, as well as, historic
and recent topographic maps and aerial photography.
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4.2.1 Pedestrian Survey
The 100 percent intensive pedestrian survey consisted of a careful examination of the ground surface and
existing subsurface exposures for evidence of archeological sites within the APE. Areas displaying high
levels of disturbance were photographed to document the lack of potential for intact archeological deposits.
Components of the survey included, but were not limited to, archival and background research, pedestrian
survey and reconnaissance, mechanical auger testing, artifact inventories, site recordation, and site
assessment.
4.2.2 Intensive Survey
Current engineering plans call for the dredging and repair activities to occur within a 540 -ft (165 m) section
of the creek. Subsurface investigations were conducted through the use of a two -person powered auger and
shovel testing. Approximately eight auger tests were conducted at 40 in intervals along the creek and
upland portions of the park. Exact locations of auger tests along the creek deviated from 40 in interval
based upon field observations.
A surface survey was conducted while moving between auger tests and consisted of a two -person crew
examining any exposed cutbanks, areas with high ground visibility, and disturbed areas. If cultural material
was identified on the ground's surface, artifacts were noted and documented within the report. Grapevine
Springs Park is a high traffic area, and recent debris such as glass, aluminum cans and tabs, and plastic was
observed and disregarded unless clearly more than 50 years of age.
The auger bit excavated approximately 12 -in (30 cm) wide hole that was documented at approximately 20
cm intervals to either a depth of 100 crabs, water table, or impenetrable matter. Excavated soil was screened
using 11/4 -in hardware cloth to test for the presence of buried cultural material. When high clay content was
encountered that could not be efficiently screened, material was troweled through by hand and inspected
for cultural deposits.
In the southernmost portion of the APE, three shovel tests were conducted at 50 in intervals along Grapevine
Creek and a concrete drainage channel. Shovel tests were excavated to 80 cm, the bottom of culturally
sterile deposits, or if significantly disturbed soils that indicate no potential for buried archeological deposits
were encountered, whichever is encountered first. Each shovel test was 30 cm in diameter and was hand
excavated in natural stratigraphic levels not exceeding 20 cm in thickness. Excavated soil was screened
using 11/4 -in hardware cloth to test for the presence of buried cultural material. Investigators documented the
results of each test on standardized shovel test forms.
CTA survey standards recommend that two shovel tests be excavated for project areas between 3 to 10 ac.
As auger tests were used in lieu of shovel tests, it is anticipated that IES' proposed methodology exceeded
CTA standards. However, auger and shovel test numbers varied based on field observations. This variation
depended on the level of disturbance observed during the pedestrian survey, or if additional archeological
sites were encountered. All positive auger tests, shovel tests, cultural features, and other site data were
geospatially recorded using Trimble XT handheld global positioning system (GPS) unit.
4.2.3 Site Recording
Archeological sites were evaluated through no fewer than six auger/shovel tests (when possible or deemed
necessary) to assess their horizontal extent and characterize depth of archeological deposits. Negative auger
tests, the distribution of surficial artifacts/features, distinct topographic features, and or the APE extent
delimited the boundaries of each site. For the purposes of this survey, an archeological site was defined as
five or more surface artifacts within a 10 in radius, a cultural feature observed on the surface or exposed
during subsurface testing, a positive auger/shovel test containing two or more subsurface artifacts, or two
or more positive tests located within 30 in of each other. All newly documented sites were assigned a
temporary field number and recorded on State of Texas forms. Completed site forms were submitted to the
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Texas Archeological Research Laboratory (TARL). A scaled map was prepared for each archeological site
encountered. Each site was plotted on the appropriate 7.5 -minute USGS topographic map.
4.3 Resource Evaluation
Each identified cultural resource site was plotted on the appropriate 7.5 -minute USGS topographic map and
a scaled map was prepared. Field data were processed to evaluate resource significance and potential
eligibility for inclusion in the NRHP and designation as a SAL. When applicable, a variety of data were
used to assess cultural significance including temporal period, artifact density, artifact variety, feature
density, feature variety, feature preservation, stratigraphic integrity, and the amount of previous
disturbance.
4.3.1 National Register Evaluation Criteria
The assessment of significance of a cultural resource is based on federal guidelines and regulations. The
criteria for evaluating resources for inclusion in the NRHP are codified under the authority of the NHPA,
as amended (36 CFR 60.4 [a—d]), and the Advisory Council on Historic Preservation has set forth guidelines
to use in determining site eligibility. Federal regulations indicate that "[t]he term `eligible for inclusion in
the National Register' includes both properties formally determined as such by the Secretary of the Interior
and all other properties that meet National Register listing criteria" (36 CFR 800.2[e]). Based on Advisory
Council guidelines, any cultural resource that is included in or eligible for inclusion in the NRHP is a
historic property.
Subsequent to the identification of relevant historical themes and related research questions, four criteria
for eligibility are applied. The quality of significance in American history, architecture, archeology,
engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity
of location, design, setting, material, workmanship, feeling, and association and:
Criterion A: that are associated with events that have made a significant contribution to the broad
patterns of our history; or
Criterion B: that are association with the lives of persons significant in our past; or
Criterion C: that embody the distinctive characteristics of a type, period, or method of
construction, or that represent the work of a master, or that possess high artistic
values, or that represent a significant and distinguishable entity whose components
may lack individual distinction; or
Criterion D: that have yielded, or may be likely to yield, information important in prehistory or
history [36 CFR 60.4(a—d)].
The principal objective is to determine whether a cultural resource possesses the potential to contribute to
one or more of the above -defined criteria. Adequate information regarding site function, context, and
chronological placement from both archeological and, if appropriate, historical perspectives is essential for
cultural resources investigations. Because research questions vary as a result of geography, temporal
period, and project design, determination of site context and chronological placement of cultural resources
is a particularly important objective during the inventory and evaluation processes. Criterion D is generally
associated with prehistoric, but also historic -era, archeological sites. Criteria A, B, and C typically reflect
association with historic -era resources, rarely with prehistoric sites. The objective of the current project
was to locate and define both the horizontal and vertical extents of any cultural resources, document and
describe those resources, and then, when adequate data were present, evaluate each for NRHP eligibility.
4.3.2 State Antiquities Landmark Evaluation Criteria
For purposes of implementing the ACT, the THC is the statutorily created body responsible for protecting
and preserving SALs (9 TNRC 191). A SAL is an archeological site, archeological collection, ruin,
building, structure, cultural landscape, site, engineering feature, monument or other object, or district that
is eligible to be designated as a landmark or is already officially designated as a landmark. The State of
Texas considers all publicly -owned archeological sites and historic buildings and structures to have some
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intrinsic historic value, and the ACT provides some level of protection for those sites, buildings, or
structures regardless of their size, character, or ability to currently yield data that will contribute important
information on the history or prehistory of Texas. Additionally, these publicly -owned archeological sites
and historic buildings and structures are protected from vandalism, or other actions meant to take, alter, or
destroy them, and information directly related to the specific location of archeological sites is restricted
from open records requests. However, not all cultural resources are equally significant to the history and
prehistory of Texas. Some archeological sites may not possess research value sufficient to warrant long-
term preservation or investigations beyond survey level documentation, and some historic buildings and
structures retain minimal integrity due to damage or deterioration. Therefore, the issue of whether cultural
resources are significant and warrant preservation, and/or further research (such as archeological testing
and data recovery level investigations), is addressed through official landmark designation, permit issuance,
and rules associated with enforcement of the ACT. Archeological sites and historic buildings and structures
on lands belonging to state agencies or political subdivisions of the state of Texas are eligible to be
designated as landmarks (9 TNRC 191.091 and 191.092). Also protected, under 9 TNRC 191.094, are
specially designated landmarks on private property.
Under the ACT at the state level, archeological sites may be considered significant and be recognized or
designated as a SAL. The THC uses one or more of the following criteria when assessing the
appropriateness of official landmark designation, and/or the need for further investigations under the ACT
permit process:
Criterion 1: the site has the potential to contribute to abetter understanding of the prehistory and/or history
of Texas by the addition of new and important information;
Criterion 2: the site's archeological deposits and the artifacts within the site are preserved and intact,
thereby supporting the research potential or preservation interests of the site;
Criterion 3: the site possesses unique or rare attributes concerning Texas prehistory and/or history;
Criterion 4: the study of the site offers the opportunity to test theories and methods of preservation, thereby
contributing to new scientific knowledge;
Criterion 5: there is a high likelihood that vandalism and relic collecting has occurred or could occur, and
official landmark designation is needed to ensure maximum legal protection, or alternatively,
further investigations are needed to mitigate the effects of vandalism and relic collecting when
the site cannot be protected (13 TAC 26.10).
4.4 Curation
The survey employed a non -collection strategy. Artifacts encountered during fieldwork were identified,
inventoried, and returned to the context from which they were recovered. Representative samples and
temporally or functionally diagnostic artifacts were photographed. Records, correspondence, field notes,
forms, and other documentation will be included in the curation package. All field -generated documents
were temporarily curated at the IES office and permanently curated at CAR. These documents and
photographs were organized and catalogued according to CAR curation standards.
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CHAPTER 5: RESULTS
Prior to field investigations, it was determined that the majority of the 3.4 -ac APE was located within the
boundary of a previously recorded archeological site (41DL329), which covers the original 12 -ac park.
Original site records and more recent site revisits have identified both subsurface archeological deposits
and above ground architectural elements to the site. As such, the IES survey was multi -faceted and designed
to reassess both the archeological and architectural components.
5.1 Research Goal 1— Assessment of Archeological Deposits Below WPA Construction
Through past investigations, no effort has been conducted to determine if intact archeological deposits of
prehistoric materials or historic -period materials related to the Sam Houston encampment are located below
the disturbed soil cap created by the WPA construction. To address this research question, IES conducted
subsurface investigations designed to determine if any cultural deposits exist below the WPA construction
fill and disturbance.
5. Ll Survey Results
5.1.1.1 Topographic Setting
The USGS topographic map depicts the natural setting of the APE as situated within a ridge that is dissected
by an unnamed tributary to the north and Grapevine Creek to the south. During construction by the WPA
in the 1930s, the natural setting of the APE was heavily modified. Throughout the park, elevated terraces
and small knolls were created and retained by stone walls with built in drainage channels. Grapevine Creek
and smaller drainages within the park were lined with stone and concrete to control water flow. The banks
of Grapevine Creek were elevated or cut away, creating a steep slope along the canal. In addition, stone
lined pathways and drainage channels cut into the landscape.
5.1.1.2 Vegetation Communities
The project site was comprised of basic plant communities, a maintained grassland community and a
forested riparian corridor community. The maintained grassland community was primarily comprised of
Bermudagrass (Cynodon dactylon) and common turf weeds with several mature trees scattered throughout.
Tree species within the maintained grassland community included American elm (Uhnus americana), cedar
elm (Uhnus crassifolia), Shumard's oak (Quercus shumardii), and bur oak (Quercus macrocarpa). The
forested riparian corridor vegetation community was observed predominantly along the edge of Grapevine
Creek near the southern and eastern boundaries of the project site. These areas are dominated by mature
trees with a closed canopy, often with shrubs and woody vines. The dominant species within the forested
riparian corridor was black willow (Salix nigra) cottonwood (Populus deltoides), sugarberry (Celtis
laevigata), green ash (Fraxinus pennsylvanica), cedar elm, and American elm. Woody vines and shrubs
observed included mustang grape (Vitis mustangensis), common greenbrier (Smilax bona-nox), and poison -
ivy (Toxicodendron radicans).
5.1.1.3 Past Ground Disturbances
Through the survey, it was determined that the APE contained a wide range of subsurface preservation as
a result of a variety of natural and man-made activities. The events causing this range in subsurface integrity
was the result of Grapevine Creek flood events, significant amounts of earth modification by the WPA, and
the creation of a bypass channel. However, the primary impact to the subsurface integrity of the natural
ground was related to the WPA construction. Evidence for this was observed through the differences in
subsurface composition encountered during auger testing conducted along the north and south banks of the
original Grapevine Creek channel. This was primarily displayed through an approximate 30 cm thick layer
of WPA fill that consisted of large gravels and chunks of concrete.
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5.1.1.4 Auger Testing
During the survey, eight auger tests were excavated within the APE (Figure 5.1) (Appendix A,
Photographs 1 through 3). At the time of the survey, design plans called for the use of an unimproved
access road that would extend from parking areas at north end of the APE to the stone -lined canal; however,
the design of this access road was abandoned after the survey and was relocated to the far south of the APE
in February 2020. During the 2016 survey, the exact path of the original proposed access road was unclear.
To account for potential impact by the originally proposed access road, auger tests ATO I, AT02, AT03,
and AT06 were evenly distributed north of the stone -lined canal and placed away from areas of direct
impact along the canal. As there were several gullies that would have required improvements to allow for
vehicular access, it was assumed that deeper disturbances could transpire in these areas. As such, these
areas were assessed for buried cultural deposits and features near the existing WPA-era features and the
reported 1843 Sam Houston camp location. No additional subsurface investigations were conducted north
of these auger tests as the assumed impacts for the unimproved access road would be restricted to the
ground's surface. The ground's surface contained high surface visibility and clear indication of disturbance
in many areas through WPA contouring, modern drainage improvements, and modern residential
development. In addition, three of the four test units excavated by the DAS in 1994 north of ATO 1, AT02,
AT 03, and AT06 were negative for cultural material. The one positive unit (Test Unit 8) was determined
to be at the edge of the residential development constructed in early 2000s and now within a significantly
disturbed setting. A single auger test (AT03) recovered two, small, non-descript bone fragments at 20 to
60 cmbs in dark brown (10YR4/3), loamy clay (Appendix A, Photograph 4). No definitive cultural
materials were found in AT03 at 20 to 60 cmbs, as such it is assumed that the bone fragments are non-
cultural. No other subsurface cultural materials were found during the project. Soils were described as
being a dark brown (IOYR 3/2 or 2.5YR 2.5/1) clay or loamy clay to an average depth of 60 cmbs. Deeper
soils were lighter colored (IOYR 4/2 or 10YR 5/3), mottled loamy or sandy clay. In two tests (AT03 and
AT04), a heavily mottled layer of degraded parent materials was observed below 60 to 70 cm. Due to steep
banks, no auger or shovel tests were performed south of AT05 on the west side of the stone -lined canal
(Appendix A, Photograph 5). No auger testing or shovel tests were excavated south of AT08 as the area
had been artificially terraced (Appendix A, Photograph 58).
5.1.1.5 Shovel Testing
In February 2020, IES conducted an additional survey for the newly proposed access road to be located on
the far southern boundary of Grapevine Springs Park. During this survey, three negative shovel tests were
excavated (see Figure 5.1; Appendix A, Photographs 61 through 68). Soils exposed within shovel tests
revealed a profile containing a very dark grayish brown (IOYR 3/2) clay to depths of approximately 40 to
50 cmbs (Appendix A, Photograph 69). The western terminus of the proposed southern access road
component contained a dark grayish brown (IOYR 3/2) clay mottled with a dark yellowish brown (IOYR
4/4) and a moderate amount of gravel. Shovel tests were terminated due to encountering tree roots deeper
than 30 cmbs, compact clay soils, or ground disturbance. Disturbances associated with a nature trail, grade
and fill from past construction of a concrete drainage channel, a paved access road, and discarded
construction materials were observed along the shovel test transect (Appendix A, Photographs 70 through
73). No subsurface artifacts were observed within shovel tests.
5.2 Research Goal 2 — NRHP Current Condition Assessment
As discussed above, previous investigations within Grapevine Springs Park have documented a variety of
WPA associated features that were within and surrounding the current APE. The majority of this work was
conducted by the DAS in 1992. Although the DAS survey recommended that the WPA features were
eligible for inclusion on the NRHP and as a SAL, these features were not formally evaluated under the four
NRHP criteria for evaluation (Criteria A, B, C, and D). As such, one of the primary goals of the survey
was to assess the integrity of the above ground WPA component of 41DL329 and to assess if the site will
be adversely affected by the proposed project.
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Figure 5.1: Auger Test Location Map
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5.2.1 Survey Results
During the revisit of 41DL329, a vast majority of the historic -aged features described in the DAS 1994
report were documented within the APE. In addition, several features were inspected outside the APE to
assist in determining the overall NRHP eligibility of 41DL329's WPA component. All features within and
adjacent to the APE were photographed and an existing condition assessment was conducted to determine
the site's current level of integrity to allow for a NRHP eligibility determination.
5.2.1.1 Current Condition Assessment
When IES conducted our assessment of 41DL329, previously documented historic -aged features that were
encountered during the IES survey were documented using the same feature terminology as used by DAS
for comparative analysis (see Figure 3.3). As such, Features 1, 2, 3, etc. described in the following
paragraphs and are presented in the same order as those documented by the DAS.
5.2.1.1.1 Features 1, 2,3, and 4
Features 1, 2, 3, and 4 are the cooking grills made of native stone. All grills have been chained off from
park visitors to prevent further damage. At present, only one grill out of three is in workable condition for
Feature 1 (Appendix A, Photographs 6 through 9). Feature 2 is well preserved and the grill is in good
condition (Appendix A, Photographs 10 and 11). Feature 3 has lost the metal grills and some stone from
the top of the chimney is missing (Appendix A, Photographs 12 through 14). Feature 4 has substantially
deteriorated and is no longer in workable condition (Appendix A, Photograph 15). On all of the grills, a
few exposed bricks were inscribed on the side with `FERRIS' for the Ferris Brick Co., which operated from
1923 to 1985. Of the four cooking grills, only Feature 1 is located within the APE.
5.2.1.1.2 Feature 5
Feature 5 is the stone well located in the APE over Grapevine Springs and associated drainage channel
leading to Grapevine Creek (Appendix A, Photographs 16 through 19). According to a photograph
included in the DAS 1994 report, the stone well has not changed in appearance. The channel is in good
condition except for ground erosion under the edge of the northern stone and concrete bank. Spring water
was observed to be flowing in the channel. The wooden post and grapevine trunk are still in the same
location.
5.2.1.1.3 Feature 6
Feature 6 is the concrete trough roughly supported by stacked bricks located above the western end of the
channel in Feature 5 (Appendix A, Photograph 22). The feature, built at a later time, has remained the
same. The trough is located within the APE.
5.2.1.1.4 Features 7 and 8
Features 7 and 8 were the stone pillars used to support wooden bridges located within the APE. At the time
of the DAS 1992 survey, both features supported restored wooden bridges; however, the wooden bridge
part of Feature 8 was either removed or was washed away by the time of the IES survey (Appendix A,
Photographs 23 through 25). In addition, at the southern end of the APE is another set of stone pillars
crossing the canal (Appendix A, Photograph 26). Like Feature 8, there is no longer a wooden bridge.
5.2.1.1.5 Features 9, 10, and 11
Features 9, 10, and 11 are sets of stone stairs along the walkways and retaining walls (Appendix A,
Photographs 27 and 28). All stairs appear to have been well maintained and now include wooden hand
rails painted brown. None of the stair sets are located within the APE.
5.2.1.1.6 Feature 12
Feature 12 is the pair of stone entrance markers located at the northern end of the APE (Appendix A,
Photographs 29 through 31). The pillars are in good condition with the exception of the eastern pillar
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missing large sections from the terraced -style stonework. A black, metal bar fence and pair of gates has
been added along and between the pillars with a sign designating park hours. In front of the western pillar
is a THC marker, dated 2005, for Grapevine Springs Park. The identical set of pillars marking the western
entrance to the park was not observed during the IES survey.
5.2.1.1.7 Feature 13
Feature 13 is a small, rock paved area with stone borders, which may have been a cultivated garden, at the
foot of a small knoll in the APE (Appendix A, Photographs 32 and 33). Based on observations, little has
changed around the feature.
5.2.1.1.8 Feature 14, 15, and 16
Features 14, 15, and 16 are the stone -lined drainage basins located along the canal within the APE. Features
15 and 16 have been well maintained and are in good condition (Appendix A, Photographs 34 through
38). Feature 14 appears to have some concrete damage from subsurface erosion near the eastern end of the
basin (Appendix A, Photographs 39 through 41).
5.2.1.1.9 Feature 17 and 18
Features 17 and 18 are the systems of walls and rock -lined, red crushed -gravel pathways which extend
throughout the park (Appendix A, Photographs 42 through 47). No significant amounts of deterioration,
except for minor cracks in the masonry, were observed within the manicured park setting. Additional
sections of the walls are present along the trails within the wooded setting of the park. Sections of walls in
these areas have a high amount of variation in integrity as they have been unkempt and impacted by
vegetation growth (Appendix A, Photographs 56 and 57).
5.2.1.1.10 Feature 19
Feature 19 is a concrete slab, built at a later time period, located in the northern part of the APE (Appendix
A, Photograph 48). The slab appears to be for directing water draining from the parking lot and park
entrance. The feature is in good condition.
5.2.1.1.11 Feature 20
Feature 20 is the rock -lined canal part of Grapevine Creek that runs through the park and is the central
feature within the APE (Appendix A, Photographs 49 through 52). The DAS 1994 report describes the
canal using water diverted from Grapevine Creek. However, historical aerial photographs show that the
canal is located on the original course of Grapevine Creek before the creek was diverted in the 1970s. Based
on field observations, sections of the stone wall are in need of repairs. The southeastern wall of the canal
has been covered with sediment and will need to be dredged. The dam appears to be fully functional and
well maintained.
5.2.1.1.12 Landscaping
Overall, the terraced landscaping of Grapevine Springs Park is in good condition and retains much of its
integrity as implemented by WPA improvements throughout the early 20th century. However, while many
of the structures are still intact, some of the original WPA elements show significant signs of wear and
erosion, such as Features 5 and 14. The covered well and the pecan tree that Sam Houston reportedly
camped under are the central features of the park. From these features, other areas of the park are connected
through winding stone paths and the stone -lined channel. This connection is present except for portions of
the landscaping that once connected the baseball diamond to the park. These features located outside the
APE, now dead end into unused wooded areas within the southern portion of the park and no longer have
their original connection to the park core. All linear elements of the park including the stone -lined channel,
winding pathway, and stone retaining walls work in harmony through the park. Additional stone features
were constructed by the WPA in strategic and complementary locations. Although minor landscaping like
vegetation has changed in portions of the park, the primary original landscaping features of the WPA are
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intact and remain in their original location and setting, park additions dating after WPA construction are
easily identifiable.
In addition, several modern features that were not documented by past surveys were identified by IES and
are summarized below. An assessment of modern additions to the park was important in determining if
41DL329 has retained integrity through time.
• An engraved stone reading `Presented by Grapevine Lions Club Community 1937' near the foot of
Feature 11 (Appendix A, Photograph 53).
• A Famous Tree of Texas marker, dating to 2013, was placed beneath a large oak tree on an upper
elevated area near Feature 11 (Appendix A, Photograph 54). The marker designates the tree as
the one where Sam Houston and fellow travelers camped under in 1843.
• Several modern picnic tables, elevated cooking grills, and trash containers have been added across
the park (Appendix A, Photograph 55).
• To the west of the APE, new hiking trails have been created in a forested area.
• In the southern area of the park, the land has been heavily modified as a result of the channelization
of Grapevine Creek (Appendix A, Photographs 58 and 59). As mentioned in Chapter 2, it seems
the purpose of channelization of Grapevine Creek is to prevent flooding within the park.
• The southern portion of the APE contains a wall that diverts water from Grapevine Creek to the
park. The wall is composed of a vertical cast concrete slab internally reinforced with rebar. The
wall extends from the southern terminus of the WPA canal into Grapevine Creek. According to
historical aerial photographs, the wall was constructed between 1990 and 1995. During the IES
pedestrian survey, investigators observed that part ofthe wall had fallen (Appendix A, Photograph
60).
• Since WPA construction, a modern bell tower was erected to the west of the well (Appendix A,
Photographs 20 and 21). A plaque on the ground below the bell mentions the contributions of A.
Webb Roberts, former owner of the park, to the Dallas/Fort Worth Metroplex. The overall
aesthetics of the structure, primarily the blue metal roof, detract from the scenery near the natural
springs and thus affects the integrity of the WPA site.
5.3 Research Goal 3 — Determine Limits of Past Archeological Surveys within Grapevine
Sprints Park
Prior to field investigations, the TASA database was referenced during the background review to determine
the spatial limits of three surveys conducted in 1992, 2000, and 2007. A digitized map illustrates that the
1992 survey was represented by a polygon with incorrect dimensions and location. Data for the surveys
completed in 2000 and 2007 were not included in the TASA database. Based on information given in each
project report, the digitized TASA map for site 41DL329 is both inaccurate and incomplete. As such, new
survey boundaries were created using perimeters described in each report (See Figure 3.1).
5.3.1 DAS 1992 Survey
The digitized map included with 41DL329 for the 1992 survey shows a survey area covering approximately
2.6 ac of the northern section of the park and a datum point labeled "41DL329". The DAS 1994 report
(Green et al.) defines the total survey area of 640 ac as "extending from Denton Tap Road on the east to
Coppell Road on the west, Bethel Road on the north, and the St. Louis Southwestern Railroad to the south."
A figure showing the survey boundaries was not included in the 1994 report.
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5.3.2 ARC 2000 Survey
The project area of the 2000 survey by ARC is described as being bounded by Grapevine Springs Park on
the east, a fenced railroad line on the south, Coppell Road on the west, and Bethel Road to the north (Trask
and Skinner). A map showing survey boundaries and the portion of Grapevine Springs that was investigated
was included in the report.
5.3.3 ARC and DAS 2007 Survey
In the report for the 2007 survey (Todd 2009), no formal description was given for the project area. Using
the same map created for the 1994 report, a map showing the metal detector surveys and artifact
concentrations was provided. A topographic map depicting the location of four test units was included, but
no boundaries were provided.
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CHAPTER 6: NRHP AND SAL ELIGIBILITY SUMMARY
6.1 Archeological Resources
During the survey, 8 negative auger tests and 3 negative shovel tests were excavated within the APE. No
archeological resources were encountered. IES considers 100 percent of the direct APE to be fully assessed
for archeological resources at this time.
6.2 Architectural Resources
As a result of the site assessment, the WPA features of 41DL329 were determined by architectural historian
Jessica Stevenson, MA to be eligible for listing on the NRHP as well as SAL designation. The more than
80 -year-old stone features have retained a high level of preservation and still possess integrity of location,
design, setting, materials, workmanship, feeling, and association. Of the four specific criteria for evaluation
given for registration, the WPA component of 41DL329 met two of the criteria: Criteria A and Criteria C.
6.2.1 Criteria A
Criteria A is for districts, sites, buildings, structures, and objects that are associated with events that have
made a significant contribution of the broad patterns of our history. The stone features of Grapevine Springs
Park were built by the WPA, a government agency, which was part of the New Deal during the Great
Depression that has had a lasting impact on American culture. The WPA construction programs
transformed landscapes across the country while providing work for those unemployed during an
economically difficult period in history. The WPA efforts greatly contributed to turning around the
economy and providing thousands of people new or improved skills. In Dallas County, the WPA and other
New Deal agencies contributed to the construction of several significant parks and structures that include
Reverchon Park, Dealey Plaza Park, parts of Fair Park, upgrades to the Dallas Zoo, and Arlington Hall.
6.2.2 Criteria C
Criteria C is for districts, sites, buildings, structures, and objects that embody the distinctive characteristics
of a type, period, or method of construction or that represent a significant and distinguishable entity whose
components may lack individual distinction. The WPA features in the park were skillfully constructed of
natural stone and concrete that have largely withstood erosion, periods of neglect, weathering, and impacts
from park visitors. All of the stone features in the park utilize the same type of stone and epitomize quality
stonework. Compared to other WPA parks with similar stonework, such as Reverchon Park in Dallas and
Brackenridge Park in San Antonio, the aesthetics of the park are unique with extensive, winding stone walls
bordering elevated terraces and an intricate system of drainages emptying into the stone -lined canal of
Grapevine Creek. It appears all 12 ac of the original park were either landscaped or contained stonework
made by the WPA.
The NRNP -listed Brackenridge Park is similar to Grapevine Springs Park in that both parks utilized stone -
lined canals to mitigate flooding of the area. These water networks not only served a specific function but
also enhanced beautification efforts in the parks. The stone -lined canals and associated stone structures
greatly improved the appearance and feel of each park. The landscapes of these parks epitomize urban
beauty movements popular from the late 19th century to mid -20th century. These movements sought to
beautify cities while instilling civility and virtues among its civilians. Parks, gardens, and monuments were
constructed for the public's appreciation and use. As a result, elaborate park systems, such as Brackenridge
Park, Reverchon Park, and Grapevine Springs Park, were created in urban communities across the country.
6.2.3 SAL Designation
To be designated as a SAL, the WPA features of Grapevine Springs Park must meet all three of the Criteria
for Evaluating Historic Buildings and Structure. As already described under NRHP eligibility, the WPA
features meet Criteria A (associated with a significant event) and C (structures embody distinct
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characteristics) of Criteria 1. Overall, the WPA features of Grapevine Springs Park still retain integrity of
location, design, setting, materials, workmanship, feeling, and association; therefore meeting Criteria 2.
However, the park features do not currently meet Criteria 3. In the future, if the WPA features do become
listed in the NRNP, Grapevine Springs Park (41DL329) will meet the requirement of Criteria 3 and thus
become fully eligible to be designated as a SAL.
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CHAPTER 7: ADVERSE EFFECTS ASSESSMENT AND MANAGEMENT
RECOMMENDATION
7_1 Adverse Effects Assessment
The adverse effects determination for the cultural resources identified within the APE are briefly
summarized below within Table 7.1. It is the recommendation of IES that the USACE and THC concur
with the following adverse effect determinations.
Table 7.1: Summary of Adverse Effects
MIME=
Feature 20 Stone -lined Canal Repair No No
7.1.1 Archeological Resources
No archeological resources were encountered within the APE. No historic properties affected
7.1.2 Architectural Resources
Through the assessment, one contributing element of the NRNP -eligible WPA-era construction at
Grapevine Springs Park (Feature 20) was identified within the APE and designated for repair. Per 36 CFR
800.5(a)(1), any impacts that transform character defining elements for NRHP inclusion and subsequently
diminish the integrity of the property's location, design, setting, material, workmanship, feeling, or
association would be considered an adverse effect. No additional areas of Feature 20 outside those that are
failing will be impacted by the proposed project. As currently planned, the repairing of the stone -lined
canal will not require extensive alterations and will be focused to the failing sections of the canal walls. To
avoid an adverse effect to this resource, all repair work will be completed per the Secretary of the Interior's
(SOI) Standards for the Treatment of Historic Properties. As such, if the failing sections of the stone -lined
canal are repaired to the SOI standards, the project would result in an No Adverse Effect determination
(see Table 7.1).
7.2 Management Plan
7.2.1 Archeological Resources
Per the 12 May 2020 THC comment letter, the THC has determined that archeological monitoring be
conducted during the repair of the stone -lined canal walls. The archeological monitor will be a SOI
qualified archeologist. Prior to the repair of the failing sections of wall, the monitor will document the
existing conditions of the wall. During the repair of the wall, an archeological monitor will document any
exposed subsurface sections of the wall or any other archeological features exposed during the repair work.
If any non -masonry artifacts are observed, they will be catalogued and documented in the field and returned
to their provenance, unless the artifact(s) contain historical, cultural, or scientific value. In addition,
records, files, field notes, forms, and other documentation will be included in the project curation package.
These documents and any collected artifacts will be organized and catalogued according to curation facility
standards. All monitoring work will be performed under a separate Antiquities Permit from the survey
work performed under ACT Permit 47520. All field -generated documents and any collected artifacts will
be temporarily stored at the IES office and permanently curated at CAR.
7.2.2 Architectural Resources
To avoid adverse effects, the stone -lined canal walls of 41DL329 must be repaired by "patching, splicing,
consolidating, or otherwise reinforcing the masonry using recognized preservation methods. Repair may
include the limited replacement in kind or with a compatible substitute material of those extensively
deteriorated or missing components of masonry features from the restoration period when there are
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surviving prototypes or when the replacement can be based on physical or historic documentation. The
new work should match the old in material, design, scale, color, and finish" (Grimmer 2017:168). Methods
such as "removing masonry from the restoration period that could be stabilized, repaired, and conserved,
or using untested consolidants and unskilled personnel, potentially causing further damage to materials"
would not avoid adverse effect (Grimmer 2017:170). It will be the responsibility of TNP and the County,
to ensure that the repair work is conducted to the SOI standards. The THC will provide guidance to TNP
and the County regarding the proposed wall repair by providing a means and methods for repair and
potential contacts for skilled masons capable of completing the work as required to avoid adverse effect.
As design plans are developed for the wall repair, TNP and the County will provide these plans for THC
review and comment. Photographic documentation of the completed repair work will be provided to the
THC to document the project completion.
However, if through coordination with the USACE and SHPO, it is determined that the undertaking
constitutes as an adverse effect on 41DL329, than a Memorandum of Agreement between the USACE,
SHPO, the Advisory Council on Historic Preservation, the City of Coppell, Dallas County, and other
interested parties would be required to resolve adverse effects. The MOA would stipulate the agreed-upon
plan to proportionately avoid, minimize, or mitigate adverse effects to the historic walls along the canal in
Grapevine Springs Park. If the agreed upon measures stated within the MOA cannot be met, additional
coordination with the USACE and SHPO will be required before construction.
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Appendix A
General
Photograph Location Map
County: Dallas
State: Texas
Date map created: 3/412020
Source: (c) 2009 Microsoft Corporation
and its data suppliers; SSRI 10,5
lES Project Ref: 04.080.038
Fhoto2ral)h Location Nlav and
Area of Potential Effects - Direct
Photograph Location
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APPENDIX A
ect
1 inch = 175 ft
ft
0 175 350
IES Project No. 04.080.039
Feature Number
Photograph Range
1, 2, 3, and 4
6 through 15
5
16 though 19
6
22
7 and 8
25 and 26
9, 10, and 11
27 and 28
12
29 though 31
13
32 and 33
14, 15, 16
34 through 38
17 and 18
42 through 47
19
48
20
49 through 52
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Photograph 1: General overview of APE. View to the north.
Photograph 2: Auger testing near channel. View to the north.
Photograph 3: Excavated auger test.
Photograph 4: Site 41DL329, bone fragments from AT03.
Photograph 5: General overview of APE. View to the north.
Photograph 6: Site 41DL329, Feature 1. View to the south.
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Photograph 7: Site 41DL329, Feature 1. View to the east.
Photograph 8: Site 41DL329, Feature 1. View to the north.
Photograph 9: Site 41DL329, Feature 1. Photograph 10: Site 41DL329, Feature 2. View to the northwest.
Photograph 11: Site 41DL329, Feature 2. View to the west.
Photograph 12: Site 41DL329, Feature 3. View to the northeast.
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Photograph 13: Site 41DL329, Feature 3. View to the east. Photograph 14: Site 41DL329, Feature 3. View to the south.
Photograph 15: Site 41DL329, Feature 4. View to the south.
Photograph 16: Site 41DL329, Feature 5. View to the north.
Photograph 17: Site 41DL329, Feature 5 well and spring. View to
the east.
Photograph 18: Site 41DL329, Feature 5. View to the south.
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Photograph 19: Site 41DL329, Feature 5 spring channel. View to the
southwest.
Photograph 20: Site 41DL329, Feature 5 bell tower. View to the
north
Photograph 21: Site 41DL329, Feature 5 bell tower plaque. View to
the south.
Photograph 22: Site 41DL329, Feature 6. View to the north.
Photograph 23: Site 41DL329, Feature 7. View to the east.
Photograph 24: Site 41DL329, Feature 8. View to the northeast.
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report
Photograph 25: Site 41DL329, Feature 8. View to the south.
Photograph 26: Site 41DL329, third bridge feature. View to the east.
Photograph 27: Site 41DL329, Features 9, 10, and 11. View to the Photograph 28: Site 41DL329, Features 9, 10, and 11. View to the
west. west.
Photograph 29: Site 41DL329, Feature 12. View to the north.
Photograph 30: Site 41DL329, Feature 12. View to the north.
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report
Photograph 31: Site 41DL329, Feature 12. View to the north.
Photograph 32: Site 41DL329, Feature 13. View to the north.
Photograph 33: Site 41DL329, Feature 13. View to the west.
Photograph 34: Site 41DL329, Features 15 and 16. View to the east.
Photograph 35: Site 41DL329, Features 15 and 16. View to the
north.
Photograph 36: Site 41DL329, Features 15 and 16. View to the
west.
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report
Photograph 37: Site 41DL329, Features 15 and 16. View to the
northwest.
Photograph 38: Site 41DL329, Features 15 and 16. View to the
northeast.
Photograph 39: Site 41DL329, Feature 14. View to the north.
Photograph 40: Site 41DL329, Feature 14. View to the northeast.
Photograph 41: Site 41DL329, Feature 14. View to the east.
Photograph 42: Site 41DL329, Features 17 and 18. View to the
south.
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report
Photograph 43: Site 41DL329, Features 17 and 18. View to the
west.
Photograph 44: Site 41DL329, Feature 17. View to the southeast.
Photograph 45: Site 41DL329, Features 17 and 18. View to the Photograph 46: Site 41DL329, Feature 18. View to the west.
northwest.
Photograph 47: Site 41DL329, Feature 17. View to the south.
Photograph 48: Site 41DL329, Feature 19. View to the southeast.
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report
Photograph 49: Site 41DL329, Feature 20. View to the west.
Photograph 50: Site 41DL329, Feature 20. View to the south
Photograph 51: Site 41DL329, Feature 20. View to the east.
Photograph 52: Site 41DL329, Feature 20. View to the south.
Photograph 53: Site 41DL329, engraved stone. Photograph 54: Site 41DL329, Tree marker. View to the south.
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report
Photograph 55: Site 41DL329, site overview. View to the south Photograph 56: Site 41DL329, western WPA features. View to the
northeast.
Photograph 57: Site 41DL329, western WPA features. View to the
north.
Photograph 58: Site 41DL329, site overview. View to the northeast.
Photograph 59: Site 41DL329, site overview. View to the east.
Photograph 60: Site 41DL329, site overview. View to the south.
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report
Photograph 61: Grapevine Creek. View to the east.
Photograph 62: General overview of the APE. View to the east.
Photograph 63: General overview of the APE. View to the west.
Photograph 64: General overview of the APE. View to the
southwest.
Photograph 65: General overview of the APE. View to the east.
Photograph 66: General overview of the APE. View to the west.
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report
Photograph 67: General overview of the APE. View to the east.
Photograph 69: Soil profile of ST02.
Photograph 68: Western terminus of southern access road area.
View to the west.
Photograph 70: Nature trail through APE. view to the south.
Photograph 71: Concrete construction debris. View to the north.
Photograph 72: Discarded construction materials. View to the
northwest.
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report
Photograph 73: Gravel pavement from former utility road.
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report
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Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report
APPENDIX B
Archeological Site Locations
Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report
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Grapevine Springs Park Drainage Improvements Project IES Project No. 04.080.039
Cultural Resources Survey Report
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: May 25, 2021
Reference: Work Session — Discussion regarding the expiration of the Temporary Sign
Moratorium.
2040: Create Business and Innovation Nodes
Executive Summary:
To assist businesses during COVID-19, the City placed a moratorium on enforcement of certain
sections of the Temporary Sign Ordinance. The Ordinance declaring the moratorium of enforcement
is set to expire on June 30, 2021. If City Council would like to provide a second extension, action
will need to be taken at the City Council meeting on June 8, 2021.
Introduction:
Due to COVID-19, numerous businesses in the City of Coppell were required to close their doors or
limit their service offerings. As a result, their business suffered. In an effort to help them in their
recovery, the City allowed businesses more opportunities to advertise their services using on -premise
temporary signage. The City passed an Ordinance placing a moratorium on enforcement of certain
sections of Article 16, Chapter 6-15, Sections 6-15-3 (A), 6-15-4 and 6-15-5 (3) (A) and (B), (J) -(M)
and (8) of the City of Coppell Code of Ordinances.
Analysis:
The initial Ordinance was set to expire on December 31, 2020; however, City Council took action at
their meeting on December 8, 2020, to extend that Ordinance through June 30, 2021. Now that
businesses have been allowed to open to 100% occupancy, staff is unsure if City Council wants to
keep the moratorium on enforcement in place. If City Council wants to extend the Ordinance again,
action will need to be taken at the City Council meeting on June 8, 2021. If City Council does not
desire to extend the moratorium again, it will expire on June 30, 2021. In that case, letters will be
sent to all businesses in Coppell to inform them that enforcement will begin again on July 1, 2021.
Legal Review:
N/A
Fiscal Impact:
N/A
Recommendation:
N/A
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: Kent Collins P.E., Director of Public Works
Date: May 25, 2021
Reference: Master Agreement with Dallas County for Major Capital Improvement Program
(MCIP) Projects
2040: Foundation Pillar: Sustainable City Government
Goal 4: City Services to Ensure High Levels of Customer Satisfaction
General Information:
Staff will present and discuss the Resolution to approve the terms and conditions for the Master
Agreement related to the Dallas County Major Capital Improvement Program for transportation.
I
COPPELL
,w. 2v a
h 5
MEMORANDUM
To: Mayor and City Council
From: Mike Land, City Manager
Date: May 25, 2021
Reference: Discussion of City of Coppell facilities operating hours and Coppell FY 20/21
Amended Budget
At the request of Councilmember Biju Mathew, this item has been placed on Work Session.
City of Coppell, Texas
C',P FE L
File ID: 2021-5712
Version: 1
File Name: NT Student presenation
Master
File Number: 2021-5712
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Presentations
In Control:
City Council
File Created:
05/17/2021
Final Action:
Title: New Tech High School Students - Water Sustainability Project.
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 2021-5712
Title
New Tech High School Students - Water Sustainability Project.
Summary
City of Coppell, Texas Page 1 Printed on 5/21/2021
C',P FE L
File ID: 2021-5723
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5723
Type: Agenda Item
Reference:
File Name: Asian American Heritage Month proclamation
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Proclamations
In Control:
City Council
File Created:
05/19/2021
Final Action:
Title: Consider approval of a Proclamation designating the month of May as "Asian
Pacific American Heritage Month"; and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: Asian Pacific American Citizens - 2021.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 2021-5723
Title
Consider approval of a Proclamation designating the month of May as "Asian Pacific American
Heritage Month"; and authorizing the Mayor to sign.
Summary
Staff Recommendation:
Approval recommended.
City of Coppell, Texas Page 1 Printed on 5/21/2021
T H,
PROCLAMATION
WHEREAS, across the nation, Asian American and Pacific American Heritage Month is an
opportunity to recognize the diverse culture, history, and contributions of Asian Americans and
Pacific Islanders for their tremendous accomplishments and influence in the community; and
WHEREAS, throughout the history of our nation, Asian Americans and Pacific Islanders
have helped shape America's character as a vital, vibrant, and dynamic people; and
WHEREAS, the national character of the United States has been strengthened and enhanced
by citizens who maintain and honor cultural values and customs brought from other lands; and
WHEREAS, over ten million Asian and Pacific Islanders, from over twenty-five different
ethnic groups that encompass diverse backgrounds, histories, languages and cultures now call the
United States their home; these Asian Pacific Americans attempt to give expression to cultural,
linguistic, and ethnic diversity while recognizing common experiences in American history; and
WHEREAS, to honor the accomplishments and contributions of Asian Pacific Americans to
our Nation, in 1992 Congress approved Public Law 102-450, designating "Asian Pacific American
Heritage Month"; and
WHEREAS, the City of Coppell is honored that many Asian Pacific Americans have chosen
Coppell as their home or place of business and welcomes the diversity that their choice provides for
all sectors of our residential and business community.
WHEREAS, Coppell's population consists of 24.8 % Asian residents, some of whom have
lived in Coppell for an extended time and some of whom are new immigrants and refugees. They
contribute their talents, skills, and vitality, to the socioeconomic growth and cultural prosperity of
our region; and
WHEREAS, The City of Coppell has a deep commitment to promote racial equity, inclusion,
and diversity in all aspects of city government.
NOW THEREFORE, I, Wes Mays, Mayor of the City of Coppell, do hereby proclaim the
month of May as
"Asian Pacific American Heritage Month"
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to
be affixed this 25th day of May 2021.
Wes Mays, Mayor
ATTEST:
Ashley Owens, City Secretary
C',P FE L
File ID: 2021-5724
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5724
Type: Agenda Item
Reference:
File Name: South Asian Heritage Month Proclamation
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Proclamations
In Control:
City Council
File Created:
05/20/2021
Final Action:
Title: Consider approval of a Proclamation designating the month of May as "South
Asian American Heritage Month"; and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: South Asian American Citizens - 2021.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 2021-5724
Title
Consider approval of a Proclamation designating the month of May as "South Asian American
Heritage Month"; and authorizing the Mayor to sign.
Summary
City of Coppell, Texas Page 1 Printed on 5/21/2021
T III 'F FNI .P: �,�.. 0 F
COPPELL
WHEREAS, May 5, 1838, is the earliest recorded arrival of immigrants from
South Asia; and
WHEREAS, South Asian Heritage Month is a time to honor the rich cultural
heritage and accomplishments of people of South Asian heritage and pay tribute to
them and the organizations that contribute to the social, cultural, economic and political
life of our community; and
WHEREAS, South Asian Heritage Month provides us with an opportunity to
learn about the immigrants of South Asia's experiences and the vital role they have
played throughout our history; and
WHEREAS, the national character of the United States has been strengthened
and enhanced by citizens who maintain and honor cultural values and customs brought
from other lands; Americans of South Asian ancestry have long been part of that
tradition, by enriching the fabric of our society with their entrepreneurship, excellence
in education, and dedication to community services; and
NOW THEREFORE, I, Wes Mays, Mayor of the City of Coppell, do hereby
proclaim the month of May as
"South Asian American Heritage Month"
and urge our citizens to take a leadership role aimed at eliminating all forms of
discrimination and recognize the fundamental strength of our community is based on
the diversity among us.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City
of Coppell to be affixed this 25th day of May 2021.
Wes Mays, Mayor
ATTEST:
Ashley Owens, City Secretary
C',P FE L
File ID: 2021-5713
Version: 1
File Name: 5/11/21 Minutes
City of Coppell, Texas
Master
File Number: 2021-5713
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Consent Agenda
In Control: City Council
File Created: 05/17/2021
Final Action:
Title: Consider approval of the minutes: May 11, 2021 (Canvass) and May 11,
2021.
Notes:
Sponsors:
Attachments: CM 2021-05-11 (canvass).pdf, CM 2021-05-11.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 2021-5713
Title
Consider approval of the minutes: May 11, 2021 (Canvass) and May 11, 2021.
Summary
Staff Recommendation:
Approval Recommended.
City of Coppell, Texas Page 1 Printed on 5/21/2021
CFFELL
Tuesday, May 11, 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
8:00 AM
Canvass of Municipal Election
MARK HILL
Mayor Pro Tem
GARY RODEN
Place 4
JOHN JUN
Place 5
BIJU MATHEW
Place 6
Present 3 - Karen Hunt -,John Jun and Mark Hill
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Council Chambers
Absent 5 - Cliff Long;Brianna Hinojosa-Smith;Wes Mays -,Gary Roden and Biju Mathew
Also present were Deputy City Manager Traci Leach, City Secretary Ashley Owens and
City Attorney Robert Hager.
The City Council of the City of Coppell met in a Special Called Session on Tuesday,
May 11, 2021 at 8:00 a.m. in the City Council Chambers of Town Center, 255 Parkway
Boulevard, Coppell, Texas.
Regular Session
1. Call to Order
Mayor Hunt called the meeting to order, determined that a quorum was
present and convened the meeting at 8:00 a.m. She explained that for the
purpose of this meeting, only two Councilmembers are required, in
accordance with the Election Laws.
2. Consider approval of a Resolution canvassing the returns and declaring
the results of the May 1, 2021 General and Special Election for Mayor
and Councilmembers Place 2, Place 4, Place 6, and Place 3; and
City of Coppell, Texas Page 1
City Council Minutes May 11, 2021
ordering a Runoff Election to be held on June 5, 2021, for the purpose of
electing a City Councilmember for Place 3; and authorizing the Mayor to
sign.
City Attorney Robert Hager read the Resolution into the record.
A motion was made by Mayor Pro Tem Mark Hill, seconded by Councilmember
John Jun, that this Resolution be approved. The motion passed by an
unanimous vote.
Enactment No: RE 2021-0511.1 and 2021-0511.1 (SP)
Adjournment
There being no further business before the City Council, the meeting was
adjourned at 8:14 a.m.
Wes Mays, Mayor
ATTEST:
Ashley Owens, City Secretary
City of Coppell, Texas Page 2
CFFELL
Tuesday, May 11, 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 9 - Karen Hunt -,Cliff Long;Brianna Hinojosa-Smith;Wes Mays;Gary Roden -,John
Jun;Biju Mathew -,Mark Hill and Kevin Nevels
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 Called Session on Tuesday, May
11, 2021 at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway
Boulevard, Coppell, Texas.
RECEPTION FOR RETIRING MAYOR KAREN HUNT AND COUNCILMEMBER GARY
RODEN - 5:30 P.M. - 7:30 P.M. - TOWN CENTER ATRIUM
Regular Session (Open to the Public) Council Chambers
1. Call to Order 7:30 p.m.
2. Invocation
Mayor Hunt called the meeting to order, determined that a quorum was
present and convened into the Regular Session at 7:53 p.m.
Pastor Tom Palmer with, First United Methodist Church, gave the Invocation.
City of Coppell, Texas Page 1
City Council Minutes May 11, 2021
3. Pledge of Allegiance
The Police Honor Guard presented the colors and led those present in the
Pledge of Allegiance.
4. Swearing in of Mayor and Councilmembers for Places 2, 4, and 6.
Judge Kristine Primrose swore in Wes Mays as Mayor, Brianna Hinojosa-Smith
as Councilmember Place 2, Kevin Nevels as Councilmember Place 4, and Biju
Mathew as Councilmember Place 6.
At this time, the makeup of Council is as follows:
Wes Mays, Mayor
Cliff Long, Place 1
Brianna Hinojosa-Smith, Place 2
Vacant, Place 3
Kevin Nevels, Place 4
John Jun, Place 5
Biju Mathew, Place 6
Mark Hill, Place 7
5. Consider approval of a Proclamation naming May 11, 2021, as "Karen
Hunt Appreciation Day," and authorizing the Mayor to sign.
Mayor Mays read the proclamation into the record and presented the same to
Karen Hunt. A motion was made by Councilmember Brianna Hinojosa-Smith,
seconded by Councilmember Kevin Nevels, that this Agenda Item be approved.
The motion passed by an unanimous vote.
6. Consider approval of a Proclamation naming May 11, 2021, as "Gary
Roden Appreciation Day," and authorizing the Mayor to sign.
Mayor Mays read the proclamation into the record and presented the same to
Gary Roden. A motion was made by Councilmember Brianna Hinojosa-Smith,
seconded by Mayor Pro Tem Mark Hill, that this Agenda Item be approved. The
motion passed by an unanimous vote.
7. Consider approval of a Proclamation celebrating Metrocrest Services
50th Anniversary Year; and authorizing the Mayor to sign.
Mayor Mays read the proclamation into the record and presented the same to
Metrocrest Services CEO Tracy Eubanks and the Metrocrest Services Board. A
motion was made by Councilmember Cliff Long, seconded by Councilmember
Biju Mathew, that this Agenda Item be approved. The motion passed by an
unanimous vote.
8. Citizens' Appearance
Mayor Mays advised that no one signed up to speak.
9. Consider approval of the minutes: April 27, 2021.
A motion was made by Councilmember Cliff Long, seconded by
City of Coppell, Texas Page 2
City Council Minutes May 11, 2021
Councilmember John Jun, that this Agenda Item be approved. The motion
passed by an unanimous vote.
10. Consider approval of funding 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
Presentation: Jessica Carpenter, Director of Parks and Recreation, made a
presentation to the City Council.
A motion was made by Councilmember Brianna Hinojosa-Smith, seconded by
Mayor Pro Tem Mark Hill, that this Agenda Item be approved. The motion
passed by an unanimous vote.
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.
Presentation: Jessica Carpenter, Director of Parks and Recreation, made a
presentation to the City Council.
A motion was made by Councilmember Brianna Hinojosa-Smith, seconded by
Councilmember John Jun, that this Agenda Item be approved as amended.
The motion passed by an unanimous vote.
Enactment No: RE 2021-0511.2
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.
Presentation: Mindi Hurley, Director of Community Development, made a
presentation to the City Council.
A motion was made by Councilmember Brianna Hinojosa-Smith, seconded by
Mayor Pro Tem Mark Hill, that this Agenda Item be approved. The motion
passed by an unanimous vote.
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.
Presentation: Kent Collins, Director of Public Works, made a presentation to
the City Council.
A motion was made by Councilmember Brianna Hinojosa-Smith, seconded by
Councilmember Biju Mathew, that this Agenda Item be approved. The motion
passed by an unanimous vote.
14. PUBLIC HEARING:
City of Coppell, Texas Page 3
City Council Minutes May 11, 2021
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.
Presentation: Ashley Owens, City Secretary, made a presentation to the City
Council.
Mayor Mays opened the Public Hearing and advised that no one signed up to
speak.
A motion was made by Mayor Pro Tem Mark Hill, seconded by Councilmember
John Jun, to close the Public Hearing and approve this Agenda Item. The
motion passed by an unanimous vote.
Enactment No: RE 2021-0511.3
15. Discussion regarding mask mandate in city facilities.
The City Council revisited the mask discussion and decided to lift the
requirement of patrons wearing masks in city facilities effective May 17th.
16. City Manager Reports - Project Updates and Future Agendas
City Manager Mike Land reported that Coppell Parks & Recreation has once
again been chosen as a finalist for the National Gold Medal Award for
Excellence in in Park and Recreation Management. Awarded by the American
Academy for Park and Recreation Administration (AAPRA) and the National
Recreation and Park Association (NRPA), the award recognizes agencies from
across the country for their ability to address the needs of those they serve
through the collective energies of citizens, staff and elected officials.
It is a huge honor to be selected as a finalist, and signifies that the department
is one of the top 16 Parks and Recreation agencies in the nation and in the top
four for our population size. The passion and commitment of our staff to deliver
the best, quality services at our parks, facilities, programs and activities that
we maintain make Coppell truly outstanding, and a standout in the Parks and
Recreation industry.
The department was selected in both 2019 and 2020 as a Gold Medal finalist.
This year's nomination is even more significant due to the COVID-19 pandemic
and the ways we've addressed challenges we've faced throughout the past
year. We join three other finalists in Class IV (population 30,001 to 75,000) to
compete for this year's Gold Medal.
City Manager Land gave a project update regarding the Oriole alley project.
Work will begin this week, weather permitting. This is the second of the three
alleys to be reconstructed this year.
Traffic on Airline Road should be switched to the new paving (south side) in
the next two weeks to begin demolition work on the other half.
The new Columbarium offices, which were damaged due to burst pipe during
the winter storm, has been fully repaired and is back to being occupied by
City of Coppell, Texas Page 4
City Council Minutes May 11, 2021
Rolling Oaks staff.
17. Mayor and Council Reports
Report by the City Council on recent and upcoming events.
On Sunday, May 16th at 3:00 p.m., the Coppell Arts Center will host Coppell
Community Orchestra Concert: Live, Love, Dance! The concert will feature
works centered around the themes of life, love, and dance. The Coppell
Community Orchestra will feature small ensembles of Strings, Brass, and
Woodwinds. This hour-long concert will entertain and educate those of all
ages. Join us for this closing concert of the season and the first live audience
performance since March 2020. This concert is socially distanced in the Main
Hall, tickets are FREE. Please reserve your ticket in advance. For more
information visit: www.CoppellArtsCenter.org.
On Saturday, May 22nd at 11:00 a.m., the Coppell Arts Center will host Coppell
Children's Chorus: Vibrant Tones Encore outside on the Grove. This is a FREE
Concert and will put a smile on your face and warm your heart. For more
information visit: ww.CoppellArtsCenter.org.
Also on May 22nd, at 6:00 p.m. at the Coppell Arts Center, join us for free live
music outside on Grove! The Bodarks will be performing from 6 pm to 8 pm.
Enjoy the music, mingle with friends and purchase a cold drink from Macklin's
Catering Co. or food from the Big Kate Burgers and Kona Ice at the Arts Center
during this free outdoor concert. Our outdoor seating will be first-come,
first -serve, and lawn chairs are welcome! For more information visit:
www.CoppellArtsCenter.org
There will be a Runoff Election for City Council Place 3 — Election Day is June
5th, please check the city's Election page for more information at
coppelltx.gov/election for polling locations and times.
18. Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
Nothing to report.
19. Executive Session (Closed to the Public) 1st Floor Conference Room
Mayor Mays recessed the Regular Session at 9:45 p.m. and convened into the
Executive Session at 9:50 p.m.
Section 551.087, Texas Government Code - Economic Development Negotiations.
Discussion regarding economic development prospects south of Canyon
Drive and west of Denton Tap Road.
Discussed under Executive Session
20. Necessary Action from Executive Session
Mayor Mays adjourned the Executive Session at 10:01 p.m. and reconvened
City of Coppell, Texas Page 5
City Council Minutes May 11, 2021
into the Regular Session at 10:02 p.m.
There was no action resulting from Executive Session.
21. Adjournment
There being no further business before the City Council, the meeting was
adjourned at 10:03 p.m.
Wes Mays, Mayor
ATTEST:
Ashley Owens, City Secretary
City of Coppell, Texas Page 6
C',P FE L
File ID: 2021-5701
Version: 1
File Name: CRDC Officers
City of Coppell, Texas
Master
File Number: 2021-5701
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Consent Agenda
In Control:
Parks and
Recreation
File Created:
05/17/2021
Final Action:
Title: Consider approval of the Coppell Recreation Development Corporation
appointment of officers.
Notes:
Sponsors:
Attachments: Memo.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:
Text of Legislative File 2021-5701
Title
Consider approval of the Coppell Recreation Development Corporation appointment of
officers.
Summary
See attached memo.
Fiscal Impact:
There is no fiscal impact for this item.
Staff Recommendation:
Approval is recommended.
Strategic Pillar Icon:
City of Coppell, Texas Page 1 Printed on 5/21/2021
Master Continued (2021-5701)
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Sustainable Government
City of Coppell, Texas Page 2 Printed on 512112021
Yis�'�' " iGsr �r�1114
MEMORANDUM
To: Mayor and City Council
From: Jessica Carpenter, Director of Parks and Recreation
Date: May 25, 2021
Reference: Consider approval of Coppell Recreation Development Corporation
appointment of officers
2040: Sustainable City Government
Per Ordinance No. 2014-1399, the Coppell Recreation Development Corporation shall appoint,
on an annual basis, the President and Vice President from its membership. While not called out
specifically in the Ordinance, the Board, in accordance with its Bylaws, also selects a Board
Secretary.
On May 17, 2021, the CRDC Board nominated and unanimously approved the following
members as officers:
Majid Husain — President
Thomas Dwyer — Vice President
Aaron Straach — Secretary
There are no term limits for Officers called for in the Ordinance or within the Bylaws.
City of Coppell, Texas
C',P FE L
File ID: 2021-5702
Version: 1
File Name: Cemetery Mowing Contract
Master
File Number: 2021-5702
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Consent Agenda
In Control:
Parks and
Recreation
File Created:
05/17/2021
Final Action:
Title: Consider award of Bid No. Q-0421-02 to High Production Construction LLC,
for mowing and landscape services at Rolling Oaks Memorial Center, not to
exceed $96,768.00, as budgeted, FY 20-21, and authorizing the City
Manager to sign all necessary documents.
Notes:
Sponsors:
Attachments: Memo.pdf, Mowing Bid Tab.pdf, Mowing Services
Agreement.pdf, Exhibits.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 2021-5702
Title
Consider award of Bid No. Q-0421-02 to High Production Construction LLC, for mowing and
landscape services at Rolling Oaks Memorial Center, not to exceed $96,768.00, as budgeted,
FY 20-21, and authorizing the City Manager to sign all necessary documents.
Summary
See attached memo.
Fiscal Impact:
Funds have been budgeted in the Grounds Maintenance account for the mowing and
landscaping services.
Staff Recommendation:
City of Coppell, Texas Page 1 Printed on 5/21/2021
Master Continued (2021-5702)
The Parks and Recreation Department recommends approval.
Strategic Pillar Icon:
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SII"IC IIS 'Sinnairt
Sustainable Government
City of Coppell, Texas Page 2 Printed on 512112021
COPP'ELL
MEMORANDUM
To: Mayor and City Council
From: Gary Decker, Cemetery Manager
Via: Jessica Carpenter, Director of Parks and Recreation
Date: May 25, 2021
Reference: Consider award of Bid No. Q-0421-02 to High Production Construction LLC, for
mowing and landscape services at Rolling Oaks Memorial Center, not to exceed
$96,768.00, as budgeted, FY 20-21, and authorizing the City Manager to sign all
necessary documents.
2040: Pillar 0: Foundation of Sustainable Government
Goal 3: City Infrastructure will be Well -Maintained.
General Information:
• Bid No. Q-0421-02 for Mowing and Landscape Services opened April 20, 2021. Contract
includes thirty-five (35) irrigated mowing cycles on 25 acres (10 acres in phase I, 15 acres added
to this contract for phase 11).
• Seven (7) bids received (bid tabulation attached).
• Bid was "Best Value" instead of "Low Bid" with weighted evaluation criteria.
• Not to exceed $96,768.00 total combined pricing for mowing cycles and other landscape
services.
• Contract term is for one-year with options to renew four (4) additional one-year terms.
Introduction:
On March 26, 2021, the Parks and Recreation Department solicited bids for Mowing and Landscape
Services. On April 20, 2021, seven (7) landscape vendors turned in bids for consideration. High
Production Construction LLC was the "low bid" and "best value" bid for base weekly mowing,
additional color bed maintenance, pest mitigation and turf management services. This contract
covers all exterior landscape maintenance items for the cemetery property. The last contract for these
services was awarded in 2016 for a total of $30,109. A significant factor in the pricing of the property
maintenance is the amount of granite markers, benches, urns, flower vases, etc. that the mowers and
trimmers need to navigate around without causing damage. As the cemetery ages these features
I
multiply adding manhours to the maintenance tasks. Phase 11 was just finished at the beginning of
2021 with 15 acres of open property free of obstructions but in future years hundreds of markers,
etc. will be added to this phase increasing the time and effort to maintain the grounds.
Analysis:
The Parks and Recreation Department worked with Procurement Services to bid this contract. The
evaluation criteria includes: purchase price, reputation of the bidder and of the bidder's goods and
services, quality of the bidder's goods or services, extent to which the goods or services meet the
municipality's needs, bidder's past relationship with the municipality, impact on the ability of the
municipality to comply with laws and rules relating to contracting with historically underutilized
businesses and nonprofit organizations employing persons with disabilities, total long-term cost to
the municipality to acquire the bidder's goods or services, and relevant criteria specifically listed in
the request for bids or proposals.
Based on best value, lowest bid, equipment and manpower to handle the job, and strong references,
it is recommended that High Production Construction LLC be awarded Bid No. Q-0421-02 for the
Mowing and Landscape Maintenance Services Contract not to exceed $96,768.00 with options to
renew four (4) additional one-year terms subject to staff review of the quality and service received.
Legal Review:
The Purchasing Department has reviewed the documents and determined that this is an appropriate
method of contracting with this firm.
Fiscal Impact:
The total fiscal impact would be $96,768.00 if all estimated mowing cycles and services are necessary
dependent on growing conditions. The Parks Operations Division budget includes funding for this
contract.
Recommendation:
The Parks and Recreation Department recommends approval of this item.
ON
City of Coppell
BID #Q-0421-02 Rolling Oaks Cemtery Mowing & Landscape
April 20, 2021
Landscape
Professionals of
Texas
HPC Landscape
& Irrigation
T&G Lawn and
Landscaping
Services
The Lawn Firm
LCF Lawn
Services
Brightview
Landscape
Services
Rodriguez
Graveside
Services
TOTAL BASE BID
$81,349.00
$96,768.00
$98,791.00
$104,022.00
$105,052.00
$110,317.56
$159,676.01
STATE OF TEXAS §
MOWING, LANDSCAPING AND
MAINTENANCE AGREEMENT
COUNTY OF DALLAS §
This Mowing Services Agreement ("Agreement") is made by and between the City of
Coppell, Texas ("City") and HPC Landscaping & Irrigation ("Contractor") (each a "Party" and
collectively the "Parties"), acting by and through their authorized representatives.
RECITALS:
WHEREAS, City desires to engage the services of Contractor as an independent contractor
and not as an employee in accordance with the terms and conditions set forth in this Agreement;
and
WHEREAS, Contractor desires to render mowing services within the City at locations set
forth under Article III, "Scope of Services", and in accordance with the terms of conditions under
this Agreement;
NOW THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties
agree as follows:
Article I
Term
1.1 The Term of this Agreement shall commence on June 1, 2021 and continue for a
period until May 31, 2022, unless sooner terminated as provided herein.
1.2 City shall have the option to extend the term of this Agreement for four (4)
additional one (1) year terms ("Renewal Terms") by providing written notice thirty (30) days prior
to the expiration of the Initial Term or Renewal Term, as the case may be.
Article H
Contract Documents
2.1. This Agreement consists of the following items:
(a) This Agreement; and
(b) City of Coppell Mowing Maintenance Services Specification (attached as
Exhibit "A")
(c) Contractor Insurance Certification, for term of the Agreement (attached as
Exhibit "B")
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(d) Scope of Services and Unit Price Form (attached as Exhibit "C"); and
(e) Map of Service Location (attached as Exhibit "D").
2.2 In the event there exists a conflict in interpretation, the documents shall control in
the order listed above. These documents shall be referred to collectively as "Contract Documents."
Article III
Scope of Services
The Parties agree that Contractor shall perform the services as specified in the Contract
Documents.
Article IV
Schedule of Work
Contractor agrees to commence services upon written direction from the City and to
perform the required services in accordance with a schedule mutually agreed upon by the City and
Contractor (the "Work Schedule").
Article V
Compensation
5.1 The City shall compensate Contractor for mowing services provided in the Contract
Documents not to exceed an annual amount of nine six thousand seven hundred sixty-eight and
00/100 dollars ($98,769.00).
5.2 City shall pay Contractor within thirty (30) days of the receipt of a proper invoice
provided there are no errors or discrepancies and that all work noted on the invoice has been
completed. Any errors, discrepancies or the invoicing of work not completed may result in a delay
in payment.
Article VI
Devotion of Time; Personnel; and Equipment
6.1 Contractor shall devote such time as reasonably necessary for the satisfactory
performance of the work under this Agreement. Should the City require additional services not
included under this Agreement, Contractor shall make reasonable efforts to provide such additional
services at mutually agreed charges or rates, and within the time schedule prescribed by the City,
and without decreasing the effectiveness of the performance of services required under this
Agreement.
6.2 To the extent reasonably necessary for Contractor to perform the services under
this Agreement, Contractor shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Contractor may deem proper to aid or assist in the performance of
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the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Contractor.
6.3 Contractor shall furnish the facilities, equipment, telephones, facsimile machines,
email facilities, and personnel necessary to perform the services required under this Agreement
unless otherwise provided herein.
Article VII
Relationship of Parties
It is understood and agreed by and between the Parties that in satisfying the conditions of
this Agreement, Contractor 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
Contractor pursuant to this Agreement shall be in the capacity of an independent contractor, and
not as an agent or employee of the City. Contractor 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 Contractor, require
Contractor to complete regular oral or written reports, require Contractor devote its full-time
services to the City, or dictate Contractor's sequence of work or location at which Contractor
performs its work.
Article VIII
Suspension of Work
The City shall have the right to immediately suspend work by Contractor if the City
determines in its sole discretion that Contractor has, or will fail to perform, in accordance with this
Agreement. In such event, any payments due Company shall be suspended until Contractor has
taken satisfactory corrective action.
Article IX
Insurance
Contractor 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 in full force and effect as set forth in Exhibit "B" attached hereto and set forth
Contract Documents. Contractor shall provide signed Certificates of Insurance verifying that
Contractor has obtained the required insurance coverage for the City prior to the Effective Date of
this Agreement.
Article X
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 Professional may
only be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized
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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 XI
Indemnification
11.1 CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND
DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, BOTH PAST
AND PRESENT, FROM AND AGAINST LIABILITY FOR ANY AND ALL CLAIMS,
LIENS, SUITS, DEMANDS AND ACTIONS FOR DAMAGES, INJURIES TO
PERSONS (INCLUDING DEATH), PROPERTY DAMAGE (INCLUDING LOSS OF
USE) AND EXPENSES, (INCLUDING COURT COSTS, ATTORNEYS' FEES AND
OTHER REASONABLE COSTS OF LITIGATION) ARISING OUT OF OR
RESULTING FROM CONTRACTOR'S WORK AND ACTIVITIES CONDUCTED
IN CONNECTION WITH OR INCIDENTAL TO THIS AGREEMENT AND FROM
ANY LIABILITY ARISING OUT OF OR RESULTING FROM INTENTIONAL
ACTS OR NEGLIGENCE OF THE CONTRACTOR, INCLUDING ALL SUCH
CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR
STATUTORY LAW, OR BASED IN WHOLE OR IN PART UPON THE
NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF CONTRACTOR,
INCLUDING BUT NOT LIMITED TO ITS OFFICERS, AGENTS, EMPLOYEES,
SUBCONTRACTORS, LICENSEES, INVITEES AND OTHER PERSONS.
11.2 IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO,
BOTH THE CITY AND CONTRACTOR, THAT THE INDEMNITY PROVIDED
FOR IN THIS AGREEMENT INDEMNIFIES AND PROTECTS THE CITY FROM
THE CONSEQUENCES OF CONTRACTOR'S OWN NEGLIGENCE.
11.3 CONTRACTOR FURTHER AGREES THAT IT SHALL AT ALL
TIMES EXERCISE REASONABLE PRECAUTIONS ON BEHALF OF, AND BE
SOLELY RESPONSIBLE FOR, THE SAFETY OF ITS OFFICERS, AGENTS,
EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES AND OTHER
PERSONS, AS WELL AS THEIR PROPERTY, WHILE IN THE VICINITY
WHERE THE W O RK IS BEING DONE. IT IS EXPRESSLY UNDERSTOOD AND
AGREED THAT CITY SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE
NEGLIGENCE OR OTHER FAULT OF THE CONTRACTOR, ITS OFFICERS,
AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR
OTHER PERSONS ASSOCIATED WITH THE CONTRACTOR.
11.4 CONTRACTOR AGREES TO INDEMNIFY AND SAVE THE CITY
HARMLESS FROM ALL CLAIMS GROWING OUT OF ANY DEMANDS OF
SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIAL MEN
AND FURNISHERS OF SUPPLIES, EQUIPMENT, FINANCING OR ANY OTHER
GOODS OR SERVICES, TANGIBLE OR INTANGIBLE. WHEN THE CITY SO
DESIRES, CONTRACTOR SHALL FURNISH SATISFACTORY EVIDENCE THAT
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ALL OBLIGATIONS OF THE NATURE HEREINABOVE DESIGNATED HAVE
BEEN PAID, DISCHARGED OR WAIVED.
Article XII
Termination
12.1 Termination. City may terminate this Agreement, with or without cause, by giving
Contractor thirty (30) days prior written notice. In the event of such termination, Contractor shall
be entitled to compensation for any services completed to the reasonable satisfaction of the City
in accordance with this Agreement prior to such termination.
12.2 Termination for Cause or Default. Either Party may terminate this Agreement as
provided in this paragraph if the other Party fails to comply with the terms set forth herein. The
Party alleging the default shall give the other party thirty (30) days prior written notice of the
default citing the terms of the Agreement that have been breached and what action the defaulting
Party must take to cure the default. If the Party in default fails to cure the default as specified in
the notice, the Party giving the notice of default may terminate this agreement by thirty (30) days
prior written notice to the other party, specifying the date of termination. Termination of this
Contract under this paragraph does not affect the right of either party to seek remedies for breach
of the Agreement as allowed by law, including any damages or costs suffered by either party. This
provision is not intended to and does not act as a waiver of the City's sovereign immunity.
Article XIII
Miscellaneous
13.1 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.
13.2 Assi nn. Contractor 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 Contractor 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.
13.3 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.
13.4 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.
13.5 Amendments. This Agreement may be amended by the mutual written agreement
of the Parties.
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13.6 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.
13.7 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: With Copy to:
Mike Land Robert E. Hager
City of Coppell, Texas Nichols, Jackson, Dillard, Hager & Smith, L.L.P
255 E. Parkway Blvd. 1800 Ross Tower
Coppell, Texas 75019 500 North Akard
Dallas, Texas 75201
If Intended for Contractor, to:
Attn:_Joe Thompson
HPC Landscape & Irrigation
1908 Sapphire St.
Denton, Texas 76210
13.8 Counterparts. This Agreement may be 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.
13.9 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
13.10 Audits and Records. Contractor 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 Contractor'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.
13.11 Conflicts of Interests. Contractor represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement.
13.12 Compliance with Federal, State & Local Laws. Contractor shall comply in
performance of services under the terms of this Agreement with all applicable laws, ordinances
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and regulations, judicial decrees or administrative orders, ordinances, and codes of federal, state
and local governments, including all applicable federal clauses.
13.13 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.
13.14 Prohibition of Boycott Israel. Contractor 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
Professional is a sole proprietor, a non-profit entity or a governmental entity; and only applies if:
(i) the Professional 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)
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EXECUTED this day of , 2021.
City of Coppell, Texas
0
Approved as to form:
IM
Robert E. Hager
Mike Land, City Manager
EXECUTED this day of , 2021.
HPC Landscape& Irrigation
By:
Name:
Title:
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EXHIBIT
BID #Q-0421-02 Coppell Rolling Oaks Cemetery Mowing & Landscape Services
CITY OF COPPELL ROMC
MOWING AND LANDSCAPE MAINTENANCE SERVICES
SPECIFICATIONS
1.0 BACKGROUND
1.1 The City of Coppell is accepting bids for an annual contract to provide cemetery
mowing and landscape maintenance services. The Rolling Oaks Memorial Center
is located at 400 S. Freeport Parkway, Coppell, TX, 75019, and recently
completed an expansion to approximately double the original size. This
agreement will require knowledge of cemetery care and experience in mowing,
edging, line trimming, care and caring for items around markers and monuments
(e.g., hand -spray chemicals around granite). Must be able to care for fresh graves
newly sodded or with fresh grass seed.
2.0 GENERAL SCOPE OF WORK
2.1 Cemetery mowing contract will consist of approximately (35) Mowing Cycles
annually. Wowing, edging, and trimming of Cemetery property shall be
performed between 8:00 a.m. and 5:00 p.m. weekdays during a concurrent
maximum seven-day period. Maintenance will not be performed on City
holidays or weekends (unless authorized by the Cemetery Manager). Contractor
requests for exceptions to this schedule must be made in writing by Contractor
and approved by the Owner's Representative or Agent(s).
2.2 Contractor is responsible for safe and careful operation of mowing equipment
around headstones, footstones, memorials, monuments, cemetery markers,
facilities, funeral set-ups, trees, shrubs, utilities, all public art, and the irrigation
system.
2.3 Contractor is responsible for preventing clippings from contaminating plant
beds (do not blow grass clippings into the plant beds) or providing an
unsightly appearance around the Cemetery Offices.
2.4 It is the Contractor's responsibility to report any damage to the Cemetery
Manager or Agent(s) assoon as possible, but not exceeding twenty-four (24) hours
from the time the damage occurred.
2.5 If damage occurs as a result of Contractor's actions, the Contractor shall be held
responsible to repair or replace the damaged property at Contractor's own
expense and to the approval of the Owner's Representative or Agent(s). Time
required to repair damaged property shall be expedient and to the approval of the
Owner's Representative or Agent(s). If the damage is not repaired in the agreed
upon time period, the City may after forty-eight (48) hours' notice from the
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 19
BID #Q-0421-02 Coppell Rolling Oaks Cemetery Mowing & Landscape Services
Owner's Representative, proceed to repair the damage. The Contractor shall be
held financially responsible for the repair work and the cost shall be deducted
from the Contractor's payment.
2.6 Contractor will designate and make the Owner's Representative or Agent(s)
aware of the Contractor's designated representative (crew supervisor). The
Contractor's designated representative (crew supervisor) will be on the property
during maintenance operations. Owner's Representative or Agent(s) must be
able to access and contact the Contractor's designated representative (crew
supervisor) during Contractor's maintenance operations.
2.7 Mowing:
2.7.1 Mowing commencement and conclusion shall be at the discretion of
the Cemetery Supervisor or hisAgent. Mowing height shall be
determined by turf growth but may be adjusted as necessary at the
discretion of the Cemetery Manager. Height shall be adjusted for final
freeze cut at the discretion ofthe Cemetery Manager or Agent.
2.7.2 All hard surfaces shall be cleaned after each Cycle. Mowers shall leave no
clumps or windrows of grass.
2.7.3 Mowing equipment shall be zero -turn, riding and batwing mowers or
their approved equal. Decks for zero -turn and riding mowers shall not
exceed 60" so that they can pass safely through the rows of
monuments and headstones.
2.7.4 Push mowers only allowed to mow around Cemetery Office.
2.7.5 Hard surfaces, sidewalks, and areas around the Cemetery Office and
the mausoleum shall be cleanedwith a broom or leaf -blower after each
cycle.
2.8 Ed6m4:
2.8.1 All edging shall be performed concurrently with mowing on Cemetery
property.
2.8.2 Contractor will use a "stick edger" or similar equipment per the
Owner's Representative or Agent(s)' approval. String trimmer or curb
dressing may not be used for these tasks. Chemical edging is not
permitted.
2.8.3 Street curb edging shall be accomplished concurrently with mowing
operations and all debris from this activity shall be removed the same
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 20
BID #Q-0421-02 Coppell Rolling Oaks Cemetery Mowing & Landscape Services
day that the task is performed. Curb dressers may not be used for this
task.
2.9 Trimmin4:
2.9.1 All string trimming must be done to achieve a height uniform with the
mowing height.
2.9.2 Trimming must be performed around monuments (both flat and
upright), plaques, trees, plant buds, buildings, signs, fences, and any
other plants or structures. All hard surfaces, sidewalks, streets, and
parking areas must be kept free of grass, weeds, and debris. This task
must be completed the same day as the mowing is performed.
3.0 CONTROL OF WORK
3.1 Funeral Services and Funeral Processions: The Contractor shall schedule and
perform Work to enhance public use, ensure the safety of visitors to the
Cemetery, and to restrict conflict, interference, or inconveniencing funeral
services or funeral processions on the Cemetery property. Upon request, the
Cemetery will provide the Contractor with the locations and times of pending
funeral services in advance of their occurrence.
3.2 Citizen Contact: The Contractor is granted the privilege of doing Work on
Cemetery property but does not have exclusive use of the property. The
Contractor shall take all precautions that maintenance activities do not disturb
funeral services or those visiting the Cemetery. Citizen contact with those
involved with funeral services as well as with visitors to the Cemetery requires
sensitivity and understanding. Contractor employees and agents should be aware
of the location of the Cemetery office and should politely instruct all citizens to
direct inquiries there. Contractor employees should be aware of the Cemetery
Office location.
3.3 Cemetery maintenance shop has restroom facilities for Contractor's employees'
use. Restroom facilities at the Cemetery Business Office will not be used by
Contractor's employees.
3.4 Contractor's employees will properly dispose of their beverage containers in a
trashcan or dumpster.
3.5 Any litter, such as, but not limited to shredded real or artificial flowers,
Styrofoam ornaments, or other grave adornments, created by the Contractor in
the maintenance of the Cemetery property shall be picked- up and disposed of
properly and to the satisfaction of the Owner's Representative or Agent(s).
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 21
BID #Q-0421-02 Coppell Rolling Oaks Cemetery Mowing & Landscape Services
4.1 The term of this contract is one (1) year with the option to renew up to four (4)
additional, one (1) year terms.
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 22
BID #Q-0421-02 Coppell Rolling Oaks Cemetery Mowing & Landscape Services
Annual Services Schedule
BASE MAINTENANCE FUNCTIONS
JAN
FEB
MAR
APR
MAY
JUNE JULY
AUG
SEPT
OCT
NOV
DEC
TOTAL
Mow, String Trim, Edge, Clean-up, Sweep, Trim
around Markers
0
0
2
4
5
4
5
4
5
4
2
0
35
Litter Removal'
2
2
3
4
5
4
5
4
5
4
2
2
42
Leaf Mulching
2
1
0
0
0
0
0
0
0
0
1
2
6
Turf Fertilization (Granular)
0
0
0
1
0
1
0
1
0
1
0
0
4
Pre -Emergent
0
1
0
0
0
0
0
0
1
0
0
0
1 2
Post -Emergent (Broadleaf)
0
1
0
0
0
0
0
0
0
0
0
0
1
Post -Emergent (Grassy)
0
0
0
0
0
2
0
0
0
0
0
0
2
Post -Emergent (Broad -Spectrum)
0
0
0
0
1
0
0
0
1
0
0
0
2
Fire Ant Control (Baits)
0
0
1
0
0
1
0
0
1
0
0
0
3
Spot -Treatment Fire Ant Control (Dusting)
*** AS NEEDED ***
0
Quality Control Inspections (Weekly)
2
2
3
4
5
4
5
4
5
4
2
2
42
Plant Color Beds
0
0
1
0
0
1
0
0
0
1
0
0
3
Maintain Color/Landscape Beds2
*** SCHEDULE TBD - DISCUSS AT PRE-BID ***
0
Mulch Landscape Beds (Black color only)
0
0
1
0
1 0
1 0
1 0
1 0
1 0
0
0
0
1
Note: If weather prevents lawn care, tasks must be completed the following day as weather permits.
'Litter Removal refers to items that would normally be considered trash (e.g., bottles/cans, wrappers, debris). Items that are
mementos will be addressed by City staff or other vendors.
2 Maintain Color/Landscape Beds includes Entrance -West and South, Columbarium, Office/Shop, Private Mausoleums,
Community Mausoleums, Angel of Hope, Hedge Estates, Pavilions, and walkways.
Chemical Products Required for Bid:
• Pre -emergent Control: Dimension 2EW
• Post -Emergent (Broadleaf): 2-4-D
• Post -Emergent (Grassy): MSMA/ or
Equivalent
• Post -Emergent (Broad -Spectrum): Certainty
• Fire Ant Control (Baits): Advion
• Fire Ant Control (Spot -Treatment): Bifen I/T
and/or Talstar P
• Fertilizer (Granular — 50% Slow-release): 15-5-
10 or a 3-1-2 ratio
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 23
BID #Q-0421-02 Coppell Rolling Oaks Cemetery Mowing & Landscape Services
Pricing Schedule
BASE MAINTENANCE
FUNCTIONS
Annual
Quantity
Unit Price
Annual Cost
Mow, String Trim, Edge, Clean-up,
Sweep, Trim around Markers
35
Litter Removal'
42
Leaf Mulching
6
Turf Fertilization (Granular)
4
Pre -Emergent
2
Post -Emergent (Broadleaf)
1
Post -Emergent (Grass)
2
Post -Emergent (Broad -Spectrum)
2
Fire Ant Control (Baits)
3
Spot -Treatment Fire Ant Control
(Dustin)
1
Quality Control Inspections (Week')
42
Plant Color Beds
3
Maintain Color/Landscape Beds'
TBD
Mulch Landscape Beds
1
Total Annual Cost:
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 24
EXHIBIT
BID #Q-0421-02 Coppell Rolling Oaks Cemetery Mowing & Landscape Services
Standard Insurance Requirements
The Contractor shall furnish and maintain during the life of the contract adequate Worker's Compensation
and Commercial General Liability (Public) Insurance in such amounts as follows:
Type of Insurance
Worker's Compensation
Commercial General
Liability (Public)
Owner's Protective
Liability Insurance
Excess/Umbrella Liability
Endorsement CG 2503
Automobile Liability
ADDITIONAL INSURED
Amount
as set forth in the Worker's Compensation Act.
$1,000,000 Each Accident/Occurrence.
$1,000,000 Aggregate
$1,000,000 Products &
Completed Operations
Aggregate.
$600,000 per occurrence
$1,000,000 aggregate
$1,000,000 per occurrence
w/drop down coverage
Amendment Aggregate Limit of Insurance per Project or
Owner's and Contractor's Protective Liability
Insurance for the Project.
$500,000 Combined single limit per occurrence.
IN ADDITION, CONTRACTOR SHALL OBTAIN AND FILE WITH OWNER CITY OF COPPELL A
STANDARD CERTIFICATE OF INSURANCE AND APPLICABLE POLICY ENDORSEMENT
EVIDENCING THE REQUIRED COVERAGE AND NAMING THE OWNER CITY OF COPPELL AS
AN ADDITIONAL INSURED ON THE REQUIRED COVERAGE.
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 16
EXHIBIT
C
Joey "JV Thompson
469-999-6701 Cell
940-21.8-21.31
Denton, Texas
www,Highproductioncomtruction.com
City of Coppell
Attn: Charles Ellis
Coppell, TX, 75019
Reference: BID # Q-0421-02
`
Subject: '�, Maintenance for ROMC
Dear Charles;
RUN
April 20, 2021
High Production Constraction, LLC is pleased to provide the following proposal for the above referenced project.
In the professional opinion of High Production Construction, we feel it will be necessary for 82 mows per year in
order to achieve the needed maintenance with the additional 7 acres. We will need 2-3 days per "work" week to
complete.
Our GOAL is to make Rolling Oaks the most elite cemetery in DFW,
DESCRIPTION Qty Unit Price Annual Cost
Mow, String Trim, Edge, Clean -Up,
Sweep, Trim. Around Markers 82
$488.00
$40,016.00
Litter Removal
88
$0.00
$0.00
Leaf Mulching
6
$250.00
$1,500.00
Turf Fertilization (Granular)
4
$1,604.00
$6,416.00
Pre- Emergent
2
$2,900.00
$5,800.00
Post Emergent (Broad Leaf)
1
$6,700.00
$6,700.00
Post Emergent (Grassy)
2
$1,604.00
$6,416.00
Post Emergent (Broad Spectrum)
2
$3,350.00
$6,700.00
Fire Ant Control (Baits)
3
$2,400.00
$7,200.00
Spot Treatment Fire Ant Control
us '
1
$0.00
$0.00
Quality Control Inspections
(Weekly)
42
$0.00
$0.04
Plant Color Beds
3
$2,590.00
$7,770.00
Maintain Color/ Landscape Beds
TBD
$0.00
$0.00
Mulch Landscape Beds/ Tree Dings
1
$6,750.00
$6,750.00
Trim Shrubs Twice Yearly 1
2
$750.00
$1,500.00
Final Total
$96,769.110
"Included at No Additional Cost**
avwuvuvu a.vlmuUP:Wu LLA. ! LMR10II� L exas 10.4 LU ! You -213-2131
1
i
EXHIBIT
City of Coppell, Texas
C',P FE L
File ID: 2021-5665
Version: 1
File Name: Plantation Geotech Contract
Master
File Number: 2021-5665
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Consent Agenda
In Control: Engineering
File Created: 05/03/2021
Final Action:
Title: Consider approval to enter into a contract with Gee Consultants, Inc.; for the
geotechnical materials testing services associated with the reconstruction of
Plantation Drive and Mossy Oaks Street; in the amount of $88,465.00; as
provided by 2020 Bond proceeds; and authorizing the City Manager to sign
any necessary documents.
Notes:
Sponsors:
Attachments: Plantation & Mossy Oaks Geotech-Gee Contract
Memo.pdf, TAX 2015B exhibits.pdf, Signed Agreement
Plantation Dr. and Mossy Oaks St.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 2021-5665
Title
Consider approval to enter into a contract with Gee Consultants, Inc.; for the geotechnical
materials testing services associated with the reconstruction of Plantation Drive and Mossy
Oaks Street; in the amount of $88,465.00; as provided by 2020 Bond proceeds; and
authorizing the City Manager to sign any necessary documents.
Summary
Fiscal Impact:
Funds are available in the 2020 Bond issue for this contract.
Staff Recommendation:
City of Coppell, Texas Page 1 Printed on 5/21/2021
Master Continued (2021-5665)
The Public Works Department recommends approval.
Strategic Pillar Icon:
Sustainable Government
City of Coppell, Texas Page 2 Printed on 5/21/2021
COPPEL'L'�`
MEMORANDUM
To: Mayor and City Council
From: Jamie Brierton, Capital Program Administrator
Kent Collins, P.E., Director of Public Works
Date: May 25, 2021
Reference: Geotechnical Materials Testing Contract Award- Plantation Drive & Mossy Oaks
Street- 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.
• Reconstruction scope includes full pavement replacement, utility
replacement/rehabilitation, drainage improvements and new sidewalks.
• DDM Construction Corporation's base bid price was $5,390,327.90 plus a potential
incentive of $67,500.00 for a total award of $5,457,827.90. The construction contract was
approved on May 11, 2021.
• Construction is anticipated to begin early Summer of 2021 with an estimated completion
time of 10 months (301 calendar days).
• Materials testing services are required to ensure a quality end product and compliance
with specifications.
Introduction:
This agenda item is to consider approval of a contract with Gee Consultants, Inc. to provide materials
engineering and testing services on the Plantation Drive and Mossy Oaks Street Reconstruction Tax
2015 B project, with a contract value of $88,465.00, as budgeted.
1
Analysis:
The project limits begin at West Bethel Road and end at Coppell Road. Plantation Drive and Mossy
Oaks Street were originally constructed in two phases in 1984 & 1985. The streets have been
maintained over the years to extend the life beyond the typical design life of 20 years. The design
life for the replacement paving is 25 years. The construction contract was awarded to DDM
Construction on May 11th. This contract is an hourly fee-based contract and is therefore based upon
the expected effort involved in materials testing during construction. The estimated not -to -exceed fee
associated with this contract is $88,465.00. Any increase to the contract value or scope will require a
contract amendment.
The basic scope of the Plantation Drive and Mossy Oaks Street project include the following
elements:
• Replacement of all existing pavement with an updated pavement section targeted at
prolonging the life of the infrastructure.
• Replacement of existing sidewalks.
• Replacement of the water, storm water and wastewater infrastructure to improve
capacity and renew the lines to match the expected life of the new pavement.
Gee Consultants, Inc. was one of the firms that was placed on the City's approved consultant list
following a request for statement of qualifications (SOQ) process completed in February 2020. The
Gee Consultants team has reviewed the elements of this project as well as best practices to ensure
proper testing of the materials utilized and placed during construction. The cost of the materials
testing equates to 1.6% of the estimated construction cost (1.5% to 2% is typical).
Legal Review:
This contract was reviewed by the City Attorney.
Fiscal Impact:
The fiscal impact of this contract approval is $88,465.00, as budgeted from 2020 Bond proceeds.
Recommendation:
The Public Works Department recommends approval of this item.
2
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COPPELL, TEXAS, AND GEE CONSULTANTS, INC.
FOR GEOTECHNICAL MATERIALS TESTING SERVICES- PLANTATION DRIVE &
MOSSY OAKS STREET
This Agreement for Professional Services, hereinafter called "Agreement," is entered into by the
City of Coppell, Texas, a municipal corporation, (hereinafter called "City") and GEE
CONSULTANTS, INC., a Texas corporation, acting through a duly authorized officer, (hereinafter
called "Consultant"). City and Consultant when mentioned collectively shall be referred to as the
"Parties."
Recitals:
WHEREAS, City desires to engage Consultant to provide Materials Engineering and related
construction observation and materials testing services in connection with the City's Plantation Drive
and Mossy Oaks Street Reconstruction, City of Coppell Project No. TAX2015B (the "Project");
WHEREAS, City desires to engage the services of Consultant as an independent contractor and
not as an employee in accordance with the terms and conditions set forth in this Agreement; and
WHEREAS, Consultant desires to render consulting services for the City, and in accordance
with the terms and conditions set forth in this Agreement;
NOW THEREFORE, in exchange for the mutual covenants set forth herein and other valuable
consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties agree as follows:
Article I
Term
1.1 This Agreement shall become effective on the date of its execution (the "Effective Date")
by both Parties and shall continue in effect thereafter until terminated as provided herein.
1.2 Either Party may terminate this Agreement by giving ten (10) days prior written notice to
the other Party. In the event of such termination, Consultant shall be entitled to compensation for any
services completed to the reasonable satisfaction of the City in accordance with this Agreement through
the termination date and City shall be provided with a complete report of the results of test and analysis
conducted prior to termination.
Article II
Scope of Services
2.1 Consultant shall provide materials Engineering and related construction observation and
materials testing services for the Project in accordance with Exhibit A - Scope of Services made a part
hereof. All services provided by Consultant hereunder shall be performed in a professional manner,
using that degree of care and skill ordinarily exercised by and consistent with the standards of the
profession practicing in the same or similar locality of the Project site Consultant warrants the same.
PROFESSIONAL SERVICES AGREEMENT TM 122317
PAGE 1 OF 7
2.2 Deviations from Exhibit A - Scope of Services or other provisions of this Agreement
may only be made by written agreement signed by all Parties to this Agreement, and based on the
pricing set forth in Exhibit B — Terms and Conditions which are attached hereto and incorporated
herein as if set forth in full.
2..3 Consultant shall provide only those services that, in the opinion of Consultant, lie within
the technical and professional areas of expertise of Consultant and which Consultant is adequately
staffed and equipped to perform.
2.4 Consultant shall perform all technical services under the general direction of a Registered
Professional Engineer and in substantial accordance with the basic requirements of the appropriate
standards of the American Society for Testing and Materials, where applicable, or other standards
designated by City.
2.5 Consultant shall promptly submit formal reports of all tests, inspections and services
performed indicating where applicable, compliance with the Project specifications or other contract
documents. Such reports shall cite the tests performed, methods employed, values obtained, and parts of
the structure or Project area involved.
2.6 Consultant shall employ testing machines which have been calibrated within a period not
exceeding twelve (12) months from the time of use by devices of accuracy traceable to the National
Bureau of Standards of the United States Department of Commerce and, upon request, submit to City
documentation of such calibration.
2.7 Consultant shall consider all reports to be the confidential property of City and distribute
reports only to the persons, organizations or agencies specifically designated in writing by City.
2.8 Consultant shall retain all pertinent records relating to the services performed for a period
of five (5) years following submission of the report, during which period the records will be made
available to City at all reasonable times.
2.9 Consultant, by the performance of services covered hereunder, does not in any way
assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project
customarily vested in the Project architects, design engineers, or any other design agencies or authorities.
2.10 Consultant shall not be responsible for the acts or omissions of any party or parties
involved in the design of the Project or the failure of any contractor or subcontractor to construct any
aspect of the Project in accordance with recommendations contained in any correspondence or verbal
recommendation issued by Consultant.
2.11 Consultant is not authorized to revoke, alter, relax, enlarge or release any requirement of
the Project specifications or other contract documents nor to approve or accept any portion of the work,
unless specifically authorized in writing by City. Consultant shall not have the right of rejection or the
right to stop the work, except or such periods as may be required to conduct the sampling, testing or
inspection of operations covered by the Agreement.
PROFESSIONAL SERVICES AGREEMENT TM 122317
PAGE 2 OF 7
Article III
Schedule of Work
Consultant shall perform all duties and services and make all decisions called for hereunder
promptly and without unreasonable delay as is necessary to cause Consultant's services hereunder to be
timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts
to perform the services described herein and further defined in any specific task orders, in a manner
consistent with these task orders; however, the City understands and agrees that Consultant is retained to
perform a professional service and such services must be bound, first and foremost, by the principles of
sound professional judgment and reasonable diligence.
Article IV
Compensation and Method of Payment
4.1 Compensation. City agrees to pay to Consultant for satisfactory completion of all
services included in this Agreement a total fee of Eighty-eight thousand, four hundred sixty five
dollars ($88,465.00) for the Project as set forth and described in Exhibit A - Scone of Services and
incorporated herein.
4.2 Invoicing. Consultant shall submit progress invoices to City on a monthly basis for
services performed and a final invoice upon completion of its work. Payments shall be made to
Consultant within thirty (30) days of receiving Consultant's invoice, provided there are no errors or
discrepancies and that all work noted on the invoice has been completed. Each statement submitted by
Consultant to City shall be reasonably itemized to show the amount of work performed during that
period.
4.3 Expenses. Consultant shall be responsible for all expenses related to the services
provided pursuant in this Agreement except as set forth in Exhibit A — Scone of Services, including, but
not limited to all State and Federal applicable withholdings.
4.4 Unsatisfactory Work. Nothing contained in this Agreement shall require City to pay for
any work that is unsatisfactory as reasonably determined by City or which is not submitted in
compliance with the terms of this Agreement.
4.5 Limitations. The Scope of Services shall be strictly limited Scope of Services. City shall
not be required to pay any amount in excess of the original price provided herein unless City shall have
approved in writing in advance (prior to the performance of additional work) the payment of additional
services in the amount in accordance with Exhibit C — Additional Services/Fees.
Article V
Devotion of Time; Personnel; and Equipment
5.1 Devotion of Time. Consultant 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, Consultant shall make reasonable efforts to provide such additional
PROFESSIONAL SERVICES AGREEMENT TM 122317
PAGE 3 OF 7
services at mutually agreed upon, and within the time schedule prescribed by City, and without
decreasing the effectiveness of the performance of services required under this Agreement.
5.2 Personnel. To the extent reasonably necessary for Consultant to perform the services
under this Agreement, Consultant shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Consultant 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
Consultant.
5.3 City objection to personnel. If at any time after entering into this Agreement, City has
any reasonable objection to any of Consultant's personnel, or any personnel, professionals and/or
consultants retained by Consultant, Consultant shall promptly propose substitutes to whom City has no
reasonable objection, and Consultant's compensation shall be equitably adjusted to reflect any
difference in Consultant's costs occasioned by such substitution.
5.4 Equipment. Consultant shall furnish the facilities, equipment, telephones, facsimile
machines, software, email facilities, and personnel necessary to perform the services required under this
Agreement unless otherwise provided herein.
Article VI
City's Obligations
6.1 City shall provide Consultant with all plans, specifications, addenda, change orders,
approved shop drawings and other information for the proper performance of Consultant.
6.2 City shall issue authorization in writing, giving Consultant free access to the Project site,
and to all shops or yards where materials are prepared or stored.
6.3 City shall to designate in writing a specific person as City's representative; such
representative to have complete authority to transmit instructions, receive information and data, interpret
and define City's policies and decisions with respect to the Project and to order, at City's expense, such
technical services as may be requested by Gee.
6.4 City shall designate in writing those persons or firms who are authorized to receive
copies of Consultant's inspection and test reports.
6.5 City shall advise Consultant sufficiently in advance of any operations so as to allow for
assignment of personnel by Consultant for completion of the required services. Such advance notice
shall be in accordance with that established by mutual agreement of the parties.
6.6 City shall direct the Project contractor, either by Construction Contract or direct written
order to:
(a) Secure and deliver to Consultant, without cost to Consultant, preliminary
representative samples of those materials they propose to use which require testing,
together with any relevant data of the materials;
(b) Furnish such casual labor and all facilities needed by Consultant to obtain and
handle samples as the Project site and to facilitate the specified inspection and tests;
and
PROFESSIONAL SERVICES AGREEMENT TM 122317
PAGE 4 OF 7
(c) Provide and maintain for the use of Consultant, adequate space at the Project site for
safe storage and proper curing of test specimens which must remain on the Project
site prior to testing.
Article VII
Relationship of Parties
It is understood and agreed by and between the Parties that in satisfying the conditions of this
Agreement, Consultant is acting independently, and that City assumes no responsibility or liabilities to
any third party in connection with these actions. All services to be performed by Consultant pursuant to
this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of
City. Consultant shall supervise the performance of his services and shall be entitled to control the
manner and means by which his services are to be performed, subject to the terms of this Agreement.
As such, City shall not: train Consultant, require Consultant to devote their full-time services to City,
or dictate Consultant's sequence of work or location at which Consultant performs his work.
Article VIII
Insurance and Limitation of Liability
8.1 Consultant shall secure and maintain throughout the full period of this Agreement
sufficient insurance to protect it adequately from claims under applicable Workmen's Compensation
Acts and from claims for bodily injury, death or property damage as may arise from the performance of
services under this Agreement. Consultant will file certificate of insurance coverage with the City.
Within the limits and conditions of such insurance, Consultant shall not be responsible and City shall
indemnify Consultant for any loss, damage or liability arising from any negligent acts by the City, its
agents, staff, and other consultants employed by it, and any claim asserted against Consultant unless it
shall be determined that such claim is based on and resulted from failure by Consultant to perform its
services hereunder in accordance with this Agreement.
8.2 No insurance, of whatever kind or type, which may be carried by Consultant, is to be
considered as in any way limiting the contractor's or subcontractor's responsibility for damages
resulting from their operations or for furnishing work and materials to the Project. The City agrees,
therefore, to include, or cause to be included in the Project's construction contract, such requirements for
insurance coverage and performance bonds to be secured and maintained by the Project contractor as the
City deems adequate to indemnify the City, Consultant, and other concerned parties, against claims for
damages and to insure compliance of work performance and materials with the Project requirements.
8.3 IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE PROJECT
TO BOTH THE CITY AND CONSULTANT, THE RISKS HAVE BEEN ALLOCATED SUCH THAT
THE CITY AGREES TO THE FULLEST EXTENT PERMITTED BY LAW, TO LIMIT THE
LIABILITY OF CONSULTANT, AND ITS INDIVIDUAL OWNERS, OFFICERS, EMPLOYEES
AND CONSULTANTS, HEREAFTER REFERRED TO AS "CONSULTANT" TO THE CITY FOR
ANY AND ALL CLAIMS, LOSSES, COSTS, DAMAGES OF ANY NATURE WHATSOEVER OR
CLAIMS, EXPENSES FROM ANY CAUSE OR CAUSES, INCLUDING ATTORNEY'S FEES AND
COSTS AND EXPERT WITNESS FEES AND COSTS, SO THAT THE TOTAL AGGREGATE
LIABLITY OF CONSULTANT TO THE CITY SHALL NOT EXCEED $25,000, OR
CONSULTANT'S TOTAL FEE FOR SERVICES RENDERED ON THIS PROJECT, WHICHEVER
IS GREATER. IT IS INTENDED THAT THIS LIMITATION APPLY TO ANY AND ALL
PROFESSIONAL SERVICES AGREEMENT TM 122317
PAGE 5 OF 7
LIABILITY OR CAUSE OF ACTION HOWEVER ALLEGED OR ARISING, UNLESS
OTHERWISE PROHIBITED BY LAW.
Article IX
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 Consultant may only be
compensated 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 X
Miscellaneous
10.1 Entire Agreement. This Agreement, including these terms and conditions, represents
and constitutes the entire agreement between the Parties and supersedes any prior negotiations,
representation, understandings and written or oral agreements between the Parties with respect to this
subject matter in the event there is any conflict between the provisions of this Agreement or any
Exhibits attached hereto, this Agreement shall govern the duties and obligations between the Parties.
10.2 Authorization. Each Party represents that it has full capacity and authority to grant all
rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Neither City nor Consultant may delegate, assign, sublet or transfer their
duties or interest in this Agreement in whole or in part without the prior written consent of City. In the
event of an assignment by Consultant to which City has consented, the assignee shall agree in writing
with City to personally assume, perform, and be bound by all the covenants, and obligations contained
in this Agreement.
10.4 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.
10.5 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.
10.6 Amendments. This Agreement may be amended by the mutual written agreement of the
Parties.
10.7 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.
PROFESSIONAL SERVICES AGREEMENT TM 122317
PAGE 6 OF 7
10.8 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.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notices. 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:
Gee Consultants, Inc.
Richard Gee, P.E.
10046 Monroe Dr.
Dallas, TX 75229
City of Coppell
Kent Collins P.E.
265 Parkway Blvd
Coppell, TX 75019
With Copy to:
Robert E. Hager
City Attorney
500 N. Akard, Suite 1800
Dallas, Texas 75201
10.11 Counterparts. This Agreement may be 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.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for
all purposes.
10.13 Audits and Records. Consultant agrees that during the term hereof City and its
representatives may, during normal business hours and as often as deemed necessary, inspect, audit,
examine and reproduce any and all of Consultant'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.
10.14 Conflicts of Interests. Consultant represents that no official or employee of City has any
direct or indirect pecuniary interest in this Agreement.
10.15 Compliance with Federal, State & Local Laws. Consultant 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.
10.16 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
PROFESSIONAL SERVICES AGREEMENT TM 122317
PAGE 7 OF 7
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.
10.17 Prohibition of Boycott Israel. Consultant verifies that he 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.
IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have
executed such in duplicate copies, each of which shall have full dignity and force as an original, on the
_144-_ day of MAY , 20
(signature page to follow)
PROFESSIONAL SERVICES AGREEMENT TM 122317
PAGE 8 OF 7
EXECUTED this day of , 2021.
City of Coppell, Texas
By:
Name: Mike Land
Title: City Manager
Approved as to Form:
By:
Name:
Title:
Robert E. Hager
City Attorney
EXECUTED this 14k day of M
Consultant
2021
By: 0(l)
Name: c ¢t�srtD
Title: mjg�"S f D i
PROFESSIONAL SERVICES AGREEMENT TM 122317
PAGE 9 OF 7
EXHIBIT "A"
SCOPE OF SERVICES
EXHIBIT "B"
SCHEDULE OF SERVICES AND FEES
City of Coppell Revised Date April 27, 2021
I. LIME TREATED PAVEMENT SUBGRADE, HAND PLACED INTERSECTIONS, AND
DRIVEWAY/APPROACHES
A. Subarade
Laboratory Testing
Moisture Density Relationships
3 Lime treated tests @ $240.00 per test ... ........... . $720.00
Atterberg Limits Test
3 tests @ $69.00 per test .... $207.00
Total Laboratory Testing ............................................ $927.00
Field / Laboratory Testing and Observation of Subgrade Lime Treatment and
Compaction Operations
Sampling and Gradation Testing of Lime Treated Soils
(Gradation tests every 150 to 2501f,
assumes 13 trips for six (6) phases of construction)
42 Hrs. @ $57.00 per hour ......................................... $2,394.00
Phenolphthalein Lime Indicator Charge for Depth Checks, per trip
Based in 13 trips @$21,00 per trip ................................... $273.00
Sampling for Atterberg Limits (Plasticity Index, PI) and Depth Checks Testing (PI/Depth
tests every 150 to 2501f), assumes 13 trips for six(6) phases of construction)
52 Hrs. @ $57.00 per hour . .. ..... ........ $2,964.00
Atterberg Limits Test
49 tests @ $69,00 per, test .................... $3,381.00
In -Place Moisture and Density Tests (based on 13 trips,
minimum 3 tests per trip)
39 tests @ $54.00 per test ............................... $2,106.00
Trip Charges
39 trips @ $57.00 per trip (4 hours or less) ...... $2,223.00
GEE Consultants, Inc. Proposal No. 2210403
EXHIBIT "A„ Page 2
City of Coppell Revised Date April 27, 2021
Total of Field Testing and Observation .............................. $13,341.00
Total of Lime Treated and Untreated Pavement Subgrade Testing .......... $14,268.00
II. UTILITY BACKFILL AND CONCRETE TESTING
Laboratory Testing
ASTM D698 Moisture Density Relationships
9tests @ $240.00 per test ..................... $2,160.00
Atterberg Limits Test
9 tests @ $69.00 per test ............................................ $621.00
Percent Passing a No. 200 U.S. Sieve Test
9 test @ $42.00 per test ...... ...... ................ $378.00
Total Laboratory Testing ........................................... $3,159.00
Field Testing
Compressive Strength Concrete Cylinders (min. 4 cylinders per trip without observation)
284 tests @ $70.00 per test ........................................ $19,880.00
In -Place Moisture Density Tests by Technician with Nuclear Guage (based on 1 test per
approximately 250 L.F., assumes 11 trips for storm drains/laterals/wing wall backfill (87
density tests), 5 trips for water line/laterals (75 density tests), and 6 trips for sanitary
sewer/lateral (85 density tests) backfill, minimum 3 hours per trip)
223 hours @ $69.00 per hour (minimum of 3 hours per trip) ............. $15,387.00
Trip Charges
93 trips @ $57.00 per trip (4 hours or less) . $5,301.00
Total of Field Testing and Observation .............................. $40,568.00
Total for Utility Backfill and Concrete Testing ........................ $43,727.00
GEC Consultants, Inc. Proposal No. 2210403
EXHIBIT "A„ Page 3
City of Coppell Revised Date April 27, 2021
III. MACHINE/HAND PLACED REINFORCED CONCRETE PAVEMENT
Compressive Strength Concrete Cylinders (without Observation)
(Based on 1 set of 4 cylinders per 150 cy or fraction thereof without observation, minimum
4 cylinders per trip)
252 tests @ $70.00 per test .................. ..... ... ...... $17,640.00
Trip Charges
14 trips @ $66.00 per trip (Over 4 hours) ............................... $924.00
14 trips @ $57.00 per trip ( 4 hours or less) .. .............. . $798.00
Total of Concrete Pavement Observation and Testing ................... $1.9,362.00
IV. MAIL BOX/LIGHT POLE CAST -IN-PLACE CONCRETE CONSTRUCTION
Field Testing
Compressive Strength Concrete Cylinders, 1 set of 4 per trip (without observation)
36 tests @ $70.00 per test .......................................... $2,520.00
Trip Charges
9 trips @ $57.00 per trip (4 hours or less) .............................. $513.00
Total of Field Testing and Observation ...... $3,033.00
V. SIDEWALK SUBGRADE AND CONCRETE TESTING
Laboratory Testing
ASTM D698 Moisture Density Relationship
(Crushed Stone and On-site Material)
2 test @ $240.00 per test ............................................ $480.00
Atterberg Limits Test
2 test @ $69.00 per test ............................................. $138.00
Percent Passing a No. 200 Sieve Tests
2 test @ $42.00 per test .............................................. $84.00
Total Laboratory Testing ..... ........ $702.00
GEE Consultants, Inc. Proposal No. 2210403
EXHIBIT "A„ Page 4
City of Coppell Revised Date April 27, 2021
Field Testina
In -Place Moisture Density Tests by Technician with Nuclear Guage (based on 1 test per 250
L.F., assumes 12 trips for testing approx. 9,000 LF of sidewalk, minimum 3 hours per trip)
36 hours @ $69.00 per hour (minimum of 3 hours per trip) ............... $2,484.00
Compressive Strength Concrete Cylinders (without Observation)
(Based on 1 set of 4 cylinders per 150 cy or fraction thereof)
56 tests @ $70.00 per test .......... ... .... $3,920.00
Trip Charges
17 trips @ $57.00 per trip ( 4 hours or less) .. $969,00
Total of Field Testing .. $7,373.00
Total of Concrete Sidewalk Observation and Testing .................... $8,075.00
TOTAL OF ALL OBSERVATION AND TESTING SERVICES ............. $88,465.00
Based on the assumptions our total estimated fee to perform the aforementioned tests and services
is detailed above. It should be noted that this proposal is based on the estimated number of tests and
quantities mentioned in this proposal and not a lump sum price. The construction sequence or job
conditions may require more or fewer testing or observation. Only work which is actually performed
will be charged for and all charges will be in accordance with the corresponding unit fees quoted in
this proposal or our Schedule of Fees.
We understand we have been selected for this project and therefore, when providing this estimate,
we are not in violation of laws governing procurement of professional engineering services with
public entities.
If this proposal is acceptable to you, please sign the enclosed copy, along with the Agreement for
Materials Engineering and Related Construction Observation and Materials Testing Services, and
mail it to us at your earliest convenience.
We trust the information provided herein is sufficient for your use. Should you have any comments
and/or questions, please do not hesitate to contact us. We are looking forward to working with you.
GEE Consultants, Inc. Proposal No. 2210403
EXHIBIT "A„ page 5
TERMS AND CONDITIONS TO AGREEMENT FOR MATERIALS ENGINEERING AND
RELATED CONSTRUCTION OBSERVATION AND MATERIALS TESTING SERVICES
ARTICLE 1. SERVICES: GEE will:
1.1 Act for CLIENT in a professional manner, using that degree of care and skill
ordinarily exercised by and consistent with the standards of the profession 3.4
practicing in the same or similar locality of THE PROJECT site.
1.2 Provide only those services that, in the opinion of GEE, lie within the
technical and professional areas of expertise of GEE and which GEE is
adequately staffcd and equipped to perform.
3,5
1.3 Perform all technical services under the ,general direction of Registered
Professional Engineer and in substantial accordance with the basic re-
quirements ofthe appropriate Standards of The American Society for Testing 3.6
and Materials, where applicable, or other standards designated by CLIENT.
1.4 Promptly submit formal reports of all tests, inspections and services per-
formed indicating where applicable, compliance with THE PROJECT
specifications or other contract documents. Such, reports shall cite the tests
performed, methods employed, values obtained, parte; of the structure or
PROJECT area involved.
as maybe required to conduct the sampling, testing or inspection of operations
covered by Agreement.
This Agreement may be terminated by either party on ten (10) days written
notice or by mutual agreement. if this Agreement is terminated byeither party,
GEE shall be paid in full for all services performed through the termination
date, and the CLIENT shall be provided with a complete reportofthe results
of test and analysis conducted prior to termination.
Neither CLIENT nor GEE may delegate, assign, sublet or transfer his duties
or interest in this Agreement without the written consent of the other party.
The only WARRANTY made by GEE in connection with its services per-
formed hereunder is that it will use that degree of care and skill as set forth in
Article 1.1 above. No other WARRANTY, expressed or implied, is made or
intended for services provided hereunder or furnishing oral or written reports
of findings made.
ARTICLE 4. INSURANCE AND LIMITATION OF LIABILITY:
4.1
1.5 Employ testing machines which have been calibrated within a period not
exceeding twelve months from the time of use by devices of accuracy
traceable to the National Bureau of Standards of the United States
Department of Commerce and upon request; submit to CLIENT, or his
authorized representative, documentation of such calibration.
1.6 Considerallreports tobetheconfidentialproperty ofCL1ENT,-and distribute
reports only to thepersons, organizations or agenciesspecifically designated
in writing by CLIENT or his authorized representative.
1.7 Retain all pertinent records relating to the services performed for a period of
five years following submission of the report, during which period the records
will be made available to CLIENT at all reasonable times. 4.2
ARTICLE2. CLIENT'S RESPONSIBILITIES: CLIENTor his authorized representative
will:
2.1
2.2
2,3
2.4
2.5
2.6
Provide GEE with all plans, specifications, -addenda, change orders, ap-
proved shop drawings and other information for the proper performance of
GEE.
Issue authorization in writing, giving GEE free access to THE PROJECT site,
and to all shops or yards where materials are prepared or stored.
Designate in writing a person or firm to act as CLIENTS representative with
respect to GEE's services to be performed under this Agreement; such person
or firm to have complete authority to transmit instructions, receive
information and data, interpret.and define CLIENTS policies and decisions
with respect to THE PROJECT and to order, at CLIENT's expense, such
technical services as may be requested by GEE,
Designate in writing those persons or firms who are authorized to receive
copies of GEE's inspection and test reports.
Advise GEE sufficiently in advance of any operations so as to allow for
assignment of personnel by GEE for completion of the required services.
Such advance notice shall be in accordance with that established by mutual
agreement of the parties.
Direct THE PROJECT contractor; either by the Construction Contract or
direct written order to:
(a) Secure and deliver to GEE, without cost to GEE, preliminary
representative samples of those materials he proposes to use which
require testing, together with any relevant data of the materials.
(b) Fumfsh such casual labor and all facilities needed'byGEE to obtain
and handle samples at THE PROJECT and to facilitate the specified
inspection and tests.
(c) Provide and maintain for the use of GEE, adequate space at THE
PROJECT for safe storage and proper curing of test specimens which
must remain on THE PROJECT site prior to testing.
ARTICLE 3. GENERAL CONDITIONS.
3.1
3.2
3,3
GEE, by the performance of services covered hereunder, does not in any way
assume, abridge or abrogate any of those duties, responsibil ities or authorities
with regard to THE PROJECT customarily vested in THE PROJECT
architects, design engineers, or any other design agencies or authorities.
GEE shall not be responsible for acts of omissions of any party or parties
involved in the design of THE PROJECT or the failure of any contractor or
subcontractor to construct any aspect of THE PROJECT in accordance with
recommendations contained in any correspondence or verbal recommendation
issued by GEE.
GEE is not authorized to revoke, alter, relax, enlarge or release any re-
quiremcntof THE PROJECT specifications or other contract documents nor
GEE shall secure and maintain throughout the full period of this Agreement
sufficient insurance to protect it adequately from claims under applicable
Workmen's Compensation Acts and from claims for bodily injury, death or
property damage as may arise from the performance of services under this
Agreement. GEE will, upon request, file certificate of insurance coverage with
CLIENT or his authorized: representative. Within the limits and conditions of
such insurance. GEE shall not be responsible and CLIENT shall indemnify
GEE fbr any loss„ damage or liability arising from any negligent acts by
CLIENT, its agents, staff, and other consultants employed by it, and any claim
asserted against GEE unless it shall be determined that such claim is based on
and resulted from failure by GEE to perforin its services hereunder in
accordance with this Agreement,
No insurance, of whatever kind or type, which may be carried by GEE, is, to
be considered as in any way limiting the contractor's or subcontractor's
responsibility for damages resulting from his operations or for furnishing work
and materials to THE PROJECT. CLIENT agrees, therefore, to include, or
cause to be included in THE PROJECT's construction contract, such
requirements for insurance coverage and performance bonds to be secured and
maintained by THE PROJECT contractor as CLIENT deems adequate to
indemnify CLIENT, GEE, and other concerned parties, against claims for
damages and to insure compliance of work performance and materials with
THE PROJECT requirements.
4.3 In recognition of the relative risks and benefits of the Project to both the
Client and GEE, the risks have been allocated such that the Client agrees,
to the fullest extent permitted by law, to limit the liability of GEE, and its
individual owners, officers, employees and consultants, hereafter referred
to as "GEE" to the Client for any and all claims, losses, costs, damages of
any nature whatsoever or claims expenses from any cause or causes,
including attorney's fee and costs and expert -witness fees and costs, so
that the total aggregate liability of GEE to the Client shall not exceeded
S25,000, or GEE total fee for services rendered on this Project, whichever
is greater. It is intended that this limitation apply to any and all liability
or cause of action however alleged orarising, unless otherwise prohibited
by law.
ARTICLE 5, PAYMENT:
5.1 CLIENT will pay GEE 1br services and expenses in accordance with the
attached fee schedule (Exhibit A). GEE, will submit progress invoices to
CLIENT monthly and a final invoice upon completion of its work. Each
invoice, an presentation, is due and payable by CLIENT or his authorized
representative.
5,2 GEE shall be paid in full for all services under the. Agreement, including any
additional services in excess of those stated in the original Agreement, as
specifically authorized by CLIENT.
5.3
ARTICLE 6. EXTENT OF AGREEMENT:
The Agreement, including these terms and conditions, represents the entire
agreement between CLIENT and GEE and supersedes all prior negotiations,
representations or agreements, written or oral. The Agreement may be
amended only by written instruments signed by CLIENT and GEE.
to approve or accept any portion of the work, unless specifically authorized ARTICLE 7. APPLICABLE LAW:
in writing by CLIENT or his authorized representative. GEE shall not have
the right of rejection or the right to stop the work, except for suTj (icjTT lgreementshall be governed by the laws of the State of Texas.
QIowan=
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1ON6 mum D*
ozu% Tom )6229(.0 352.6933
GEE Consultants, Inc.
www.geeconsultants.com
Construction Materials Testing Schedule of Fees
MA � � MI',
C01;STRICT103i;
(Effective April 2021)
r�j ..... .... . A,-
1.1 Asphaltic concrete mix designs
a. Hveem Method, one asphalt content ................................. 380.00
b. Marshall Method, one asphalt content ..............................1 465.00
c. Marshall Method, four asphalt contents ................ I ............. 895.00
1.2 Confirmation Mix Design, using design prepared by others ............. At Unit Prices
1.3 Observation/sampling at batch plant or jobsite, per man-hour .................. 57.00
1.4 Rolling Pattern Field Nuclear Density Tests, (minimum of 3 per trip), each ....... 54.00
1.5
Asphaltic Concrete Coring, per diameter -inch ............................... 3.35
1.6
Laboratory Density of Pavement Cores, each ...............................
35.00
1.7
Molding Test Specimens (3 per set), set ...................................
70-00
1.8
Density and Percent Voids (3 per set), set ..................................
70.00
1.9
Hveern Stabilimeter Value (3 per set), set .................................
115.00
1.10
Marshall Stability (3 per set), set ........................................
120.00
1.11
Marshall Flow Value (3 per set), set ......................................
25.00
1.12
Sand Equivalent, each ................................................
120.00
1.13
Extraction, each .....................................................
250.00
1.14
Specific Gravity of Aggregates, each .....................................
84.00
1.15
Sieve Analysis of Aggregates, each .......................................
69,00
1.16
Evaluation of Built-up Roofing Membrane, each ...........................
380.00
1.17
Maximum Theoretical Density, each .....................................
240.00
Revision Date: April, 2021 Page I of 6
EXHIBIT VIC11
G
Portland Cement Concrete Mix Design, including Specific Gravities, Absorptions,
E
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260.00
1OD46 Monroe Drive
Dallas, Texas 75229 (214) 3525433
GEE Consultants, Ince
195.00
www.geeconsultants.com
Confirmation Mix Design Test Cylinders, each ..............................
Construction Materials Testing Schedule of Fees
1.18 Solvent Disposal Charge, each ....................................... . 43.00
II. PORTLAND CEMENT CONCRETE AND AGGREGATES OBSERVATIONITESTING
2,1
Portland Cement Concrete Mix Design, including Specific Gravities, Absorptions,
Unit Weights of Aggregates, and Gradations ..................... • . • .....
260.00
2.2
Additional Mix Design (using same aggregates), each ........................
195.00
2.3
Confirmation Mix Design Test Cylinders, each ..............................
44.00
2.4
Confirmation Mix Design Test Beams, each .................................
44.00
2.5
Concrete Observation, per hour ...........................................
57.00
2.6
Concrete Test Cylinders (without observation), each ..........................
70.00
2.7
Concrete Test Beams (without observation), each .............................
74.00
2.8
Concrete Test Cylinders (with observation), each .............................
36.00
2.9
Concrete Test Beams (with observation), each ...............................
36.00
2.10
Hold Cylinders, each .......................................... See Rates
Above
2.11
Concrete Reinforcing, Steel Observation (Shop or Field), per hour ...............
57.00
2.12
Air Content Measurement when not making cylinders or beams
(minimum three hours technician time), each .......... ............ .. ..
37.00
2.13
Unit Weight of concrete when not making cylinders or beams
(minimum three hours technician time), each ................................
37.00
2.14
Specific Gravity, each ..................................................
81.00
2.15
Absorption, each .... ...... ... ... ............................
56.00
2.16
Gradation (ASTM C-136), each .. ....... ......... . .............
69.00
2.17
Sieve Analysis (material finer than #200 U.S. Sieve), each ..... ........ .
42.00
2.18
Sulphate Soundness
a. Five Cycles, each ................. ................ ...........
400.00
b. Each additional cycle .............................................
120.00
Revision Date: April, 2021 Page 2 of 6
EXHIBIT "C"
G
Continuous Observation and Testing of earthwork by Technician with nuclear
E
E
69.00
10046 Monroe Ddva
Dallas, Texas 75229(214)352-5433
�1 11 �1 Inc.
GEE Consultancli
ts, c•
www.geeconsultants-com
a. Nuclear Method, each ........ ................... ......... ..
Construction Materials TestinLy Schedule of Fees
2.19 Concrete Coring with Technician Time, per diameter -inch ...................... 3.60
2.20 Capping and Testing Concrete Cores, each ........ .. • ... 42.00
2.21 Sawing Core Ends, per end .............................................. 20.00
2.22 Compressive Strength of brick, block or grout per specimen .................... 46.00
2.23 Flexural Strength of brick or block, per specimen ............................ 49.00
2.24 Non-destructive Concrete Testing (excludes expendable materials), per hour ...... 130.00
2.25 Compressive Strength of 2 Block Prism, each .............................. 110.00
III. SOIL OBSERVATION/TESTING
3.1
Continuous Observation and Testing of earthwork by Technician with nuclear
gauge, per hour ......................................... ..... .....
69.00
3.2
In -Place Moisture -Density Tests (minimum of 3 tests per. trip)
a. Nuclear Method, each ........ ................... ......... ..
54.00
b. Other Methods, each .............. .... ...... ............ By Request
3.3
Material Sampling, per hour ............ .......... .................
57.00
3.4
Moisture Content, each .................................................
12.50
3.5
Atterberg Limits ( including Liquid and Plastic Limits), each ...................
69.00
3.6
Linear Bar Shrinkage, each ..............................................
33.00
3.7
Slaked and Washed Sieve Analysis
a. Materials processed over No. 40 U.S. Sieve, each ........................
42.00
b. Materials processed over No. 200 U.S. Sieve, ASTM D-422, each ...........
42.00
3.8
Hydrometer Analysis (including sieves), each ..............................
320.00
3.9
Gradation of Lime Stabilized Soil per TSDHPT, Item 260,
per hour (minimum of 3 hours per trip) .....................................
57.00
3.10
Preparation of Base Materials Binder for testing, each ........... .. .... ...
42.00
3.11
Maximum and Minimum Density Tests, each ... ..... _ ....... ..........
240.00
3.12 Specific Gravity Tests, each ........ .......... .. 82.00
Revision Date: April, 2021 EXHIBIT licit Page 3 of
G
E'
C M.9kOfytIFMAI
19949 Monroe Drive
DauasJem 75229(214)352-5433 GEE Consultants, Inc.
www.geeconsultants.com
Construction Materials Testing Schedule of fees
3.13 Moisture -Density Relationship
a. Standard Method, ASTM D-698 or AASHTO T-99, each .... , . ... .... 240.00
b. Modified Method, ASTM D-1557, AASHTO T-180 or TEX-113E, each .... 250.00
C. TSDHPT Method TEX-114E, each ............. .... ............ 320.00
3.14 Moisture -Density Relationship with lime or cement
a. Standard Method, ASTM D-698 or AASHTO T-99, each ............... 250.00
b. Modified Method, ASTM D-1557, AASHTO T-180, or TEX-113E, each .... 260.00
C. TSDHPT Method TEX-114E, each .............. . ...... 320.00
3.15 TxDOT Triaxial Series, TEX-117E, each .............................. By Request
3.16 TxDOT Wet Ball Mill Analysis, TEX-116E, each ..... 340.00
3.17 Los Angeles Abrasion (small aggregate), each .............................. 340.00
3.18 Sample Preparation for L.A. Abrasion or Wet Ball Mill Analysis,
each aggregate ............. 57.00
3.19 California Bearing Ratio (CBR), laboratory performed
a. Native materials, per specimen .......................... 470.00
b. Lime or cement treated, per specimen ....... .... ....... 480.00
3.20 Strength and Durability of Cement Stabilized Soils
a. Curing and testing of Compression Samples, each .................. By Request
b. Wet -Dry Test, ASTM D-559 or AASHTO T-135, each .............. By Request
C. Freeze -Thaw Test, ASTM D-560 or AASHTO T-136, each ........... By Request
d. Preparation of Samples for a, b, or c, each ... . .................. .. By Request
3.21 Phenolphthalein Lime Indicator Charge, per trip . .................. , 21.00
IV. OBSERVATION/TESTING OF STRUCTURAL STEEL/WELDING
4,1 Ultrasonic/Magnetic Particle/Liquid Penetrant by Level II Technician
with equipment (4 hour minimum portal to portal) per hour including standby ...... 82.00
4.2 Visual Observation
a. Structural Steel/Welding Observation - (Shop or Field), per hour ............. 73.00
(4 hour minimum, portal to portal)
4.3 Witness of Welders Qualification in Field
Plate or Pipe Test, per hour (4 hour minimum, portal to portal) .................. 73.00
Revision Date: April, 2021 EXHIBIT 11011 Page of 6
IM
E
E u
MUG Monroe Drive
Dallas, Texas 75229(214)352.5433 GEE Consuhants, Inc.
www.geeconsultants.com
Construction Materials Testing Schedule of Fees
4.4 Welders Qualification at our laboratory
a. Pipe Test - AWS or ASME
1 position - 6" Schedule 40 ......................................... 155.00
2 position - 6" Schedule 40 ......................................... 210.00
1 position - 6" Schedule 80 .................................. _ ..... 155.00
2 position - 6" Schedule 80 • .. • ....... • .......... 210.00
b. Plate Test - AWS or ASME (inc. all mats and testing in laboratory)
1 position - limited thickness, 3/8" plate ............................... 155.00
2 position - limited thickness, 3/8" plate ... 210.00
1 position - unlimited thickness, 1" plate ... 155.00
2 position - unlimited thickness, 1" plate .............................. 210.00
4.5 Plate Test - Texas Highway Department Standard Specification
1 position - 1" plate ................................................... 255.00
2 position - 1" plate ................................................... 420.00
4.6 Tensile Strength Tests (60.00 min. charge - machine costs, sampling extra)
a. Reduced Sections
10 or less, each ................................................... 68.00
11 or more, each .................................................. 63.00
b. Reinforcing Steel
# 3 to # 10, each .......... 63.00
#llto##18,each ................................................. 68.00
V. PROFESSIONAUTECHNICAL SERVICES
5.1 Typist, per hour ....................................................... 57.00
5.2 Engineering Inspector/Technician, per hour . ..... . ... .... 57.00
5.3 Field Supervisor, per hour . .............. ............................. 120.00
5.4 Draftsman, per hour ....... 120.00
5.5 Staff Engineer, per hour . .. .................. 135.00
5.6 Project Geotechnical Engineer,, per hour ............ ............ ..... 145.00
5.7 Engineering Manager, per hour ....... .... .... ... 180.00
5.8 Principal Engineer, per hour ............................................ 215.00`
5.9 Expert Witness, Depositions, Testimony by Principal Engineer, per hour ......... 260.00
Revision Date: April, 2021 EXHIBIT licit Page 5 of 6
Dallas, Texas T5229 (214) 352-5433 GEE Consultants, Inc.
www.geeconsultants-com
Construction Materials Testing Schedule of Fees
V1. GENERAL NOTES
6'1 .......'.......^^......`^.....'..`............ 57'00
~ ~
perpage .................................................. 0.50
6.2 Hourly rate quoted at regularrate only (portal to to
6.3 Vehicle Transportation Charges for All Field Services
Per day within 3Umiles of laboratory, per trip .'.....'..............'. 57.00
Over four hourswithin 3Omiles of laboratory, per trip ..'.'.^'..........,..... 66.00
Outside ofthese parameters ...''.............^........^.^...'....... By
Request
6'4 Subsistence, per ' ' '' ' . . . . . . . . . . . . . . . ' . . . . . . ` . . ^ , `. . . . . . . ' . . . . . 190lX0
6i5 All direct expenses . . . . , . . . , . ` . . ' . , . . . . . . . . . . . . . . Cost plus 15Y6
Ei6Terms of .'
Receipt
payment
...^........'............................I�ueTJnoo
Finance _past 30days l l�per month, annual rate .........'..`......... 18Y6
Revision Date: April, 2021 EXHIBIT nC,,
C',P FE L
File ID: 2021-5722
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5722
Type: Agenda Item
Reference:
File Name: Dallas County Interlocal Mobility Plan
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Consent Agenda
In Control: Engineering
File Created: 05/18/2021
Final Action:
Title: Consider approval of a Resolution authorizing the City of Coppell, Texas to
enter into an Interlocal Agreement (Master Agreement) with Dallas County for
transportation improvements on roads inside Dallas County that are in the
Dallas County Mobility Plan; and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: MCIP Master Agreement Resolution Memo.pdf, MCIP
Master Agreement between DC & City of Coppell
v5.pdf, Resolution approving Master ILA.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 2021-5722
Title
Consider approval of a Resolution authorizing the City of Coppell, Texas to enter into an
Interlocal Agreement (Master Agreement) with Dallas County for transportation improvements
on roads inside Dallas County that are in the Dallas County Mobility Plan; and authorizing the
Mayor to sign.
Summary
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
The Public Works Department recommends approval.
City of Coppell, Texas Page 1 Printed on 5/21/2021
Master Continued (2021-5722)
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Sustainable Government
City of Coppell, Texas Page 2 Printed on 512112021
T FIS E . C I T Y 0 F
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MEMORANDUM
To: Mayor and City Council
From: Kent Collins P.E., Director of Public Works
Date: May 25, 2021
Reference: Master Agreement with Dallas County for Major Capital Improvement Program
(MCIP) Projects
2040: Foundation Pillar: Sustainable City Government
Goal 4: City Services to Ensure High Levels of Customer Satisfaction
General Information:
• Dallas County has a established a Major Capital Improvement Program (MCIP) for
Transportation with a 5 -year funding commitment of $270 million
• Dallas County has selected projects for funding in their current MCIP
• Coppell submitted and received approval for County funding on four projects:
o Intersection Improvement Project - $490,000
o Planning and Implementation for Autonomous Shuttle - $300,000
o Flashing Yellow Arrow Signal Improvements - $88,000
o Vehicle to Infrastructure Preparation - $175,000
o The dollar values listed are the County's approved share, to be matched or
overmatched with City funding
• A Master Agreement is required to move forward with program funding
• Each individual project will require a separate Project Specific Agreement (PSA) to be
approved by Council
Introduction/ Analysis:
This agenda item is being presented to consider approval of a Resolution approving the terms and
conditions of a Master Interlocal Agreement Governing Major Capital Improvement Program, by and
between Dallas County and the City of Coppell; and authorizing its execution by the City Manager.
Dallas County periodically issues bonds to support transportation capital projects throughout the
County. During this latest call for projects, the City of Coppell submitted projects related to roadway
I
capacity improvements, safety improvements, and innovative transportation. Four projects were
selected out of the call and approved for funding by the County. One of those projects is already under
construction (Intersection Improvement Project), and the other three will be implemented over the
next 3-4 years. Funding for the projects is on a reimbursement basis at the end of the project. All
projects approved are eligible for reimbursement regardless of the current state of the project
implementation (ongoing or future).
The first step in the funding partnership is for both the City and County to execute the Master
Agreement related to the MCIP. The Master Agreement outlines the terms and conditions related to
the program and partnership. Future Project Specific Agreements will be brought forward for funding
approval. The City Attorney has reviewed the Master Agreement.
Legal Review:
The City Attorney has reviewed the Master Agreement and prepared the Resolution.
Fiscal Impact:
There is no fiscal impact with the approval of this item.
Recommendation:
The Public Works Department recommends approval of this item.
MASTER AGREEMENT GOVERNING
MAJOR CAPITAL IMPROVEMENT PROGRAM
THIS MASTER AGREEMENT is made by and between the City/Town of Coppell, Texas,
hereinafter ("City") or ("Town"), and Dallas County, hereinafter ("County"), acting by and through its
duly authorized officials, which desire to enter into an Interlocal Agreement, hereinafter ("Master
Agreement") for the purpose of transportation improvements on roads inside Dallas County that are in
the Dallas County Mobility Plan, hereinafter ("Mobility Plan").
WITNESSETH
WHEREAS, pursuant to Court Order 2020-1354 dated December 15, 2020,
County Commissioners Court approved participation in Transportation Major Capital Improvement
Program ("MCIP") within the cities and towns inside Dallas County; and
WHEREAS, the approved MCIP project lists and MCIP funding commitment amounts may be
modified, updated or approved by the Commissioners Court on a periodic, as -needed basis; and
WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for
local governments to enter into interlocal agreements; and
NOW THEREFORE, THIS AGREEMENT is hereby made and entered into by City/Town and
County for the mutual consideration stated herein:
ARTICLE I. DEFINITIONS
The following definitions are incorporated into this agreement for all purposes.
A. AMENDMENT shall mean a written document executed by all parties detailing changes,
additions or deletions to the Master Agreement.
B. AMENITY shall mean Project features not included in the Standard Basic Project Design
including but not limited to street pavers, colored concrete, planters, irrigation, decorative
lighting, special signage, or any other feature above and beyond the Standard Basic Project
Design or any increase in capacity in excess of County determined requirements based on
anticipated future traffic flow.
C. CITY/TOWN shall mean the City/Town of Coppell, Dallas County, Texas
D. CONTEXT SENSITIVE SOLUTIONS ("CSS") is a collaborative, interdisciplinary
approach that involves all stakeholders to develop a transportation facility that fits its physical
setting and preserves scenic, aesthetic, historic and environmental resources, while maintaining
safety and mobility. CSS is an approach that considers the total context within which a
transportation improvement project will exist. CSS principles include the employment of early,
continuous and meaningful involvement of the public and all stakeholders throughout the
project development process. It is the intent of the Dallas County Public Works Department to
use the essential elements of CSS in all approaches to deliver the project. Some projects will
MCIP MASTER AGREEMENT- 2021
dictate a very intense use of CSS, while others will only use a few of the elements, but the
County will always consider CSS.
E. COUNTY shall mean County of Dallas, State of Texas.
F. DIRECT PROJECT and PROGRAM COSTS shall mean those costs that can be identified
specifically with a particular project or program cost objective. These costs generally include
compensation of employees for the time devoted and identified specifically to the performance
of the project or program, cost of materials acquired, consumed or expended specifically for the
purpose of the project or program; equipment changes; damage claims and other approved
capital expenditures; change orders; travel expenses incurred specifically to carry out the
project including, but not limited to, design, right-of-way, road or street drainage, utility
relocation and adjustment, and construction. Direct Cost does not include the City/Town or
the County's general overhead.
G. EFFECTIVE DATE shall mean the date of the signature of the last person necessary for this
Master Agreement to become effective.
H. FIVE PHASE PROJECT DELIVERY SYSTEM shall mean the process for delivering a
project from conception to completion as detailed in Attachment A, Project Management
Practices Manual ("Practices Manual" or "Attachment A"), which is attached hereto and
incorporated herein by reference, as well as any amendments, updates, additions, or
supplements thereto, which are also incorporated herein by reference. This Master Agreement
references the most current edition of the Practices Manual. Amendments, updates, additions,
or supplements may be issued by the Dallas County Public Works Department to the Practices
Manual, which may be provided to the city/town on an as -needed basis during the term of this
Master Agreement. The five phases of the project delivery system are planning, design, right-
of-way, utility clearance, and construction.
I. FUNDING AGREEMENT ("FA") shall mean the agreement between the County and a
City/Town to establish a preliminary proposed budget for a project, including the required
funding match from the City/Town in an amount equal to or greater than County MCIP funding
commitment. As design is completed and the engineering estimate is refined, the Funding
Agreement ("FA") shall be incorporated into the Project Specific Agreement ("PSA"). A FA
and/or PSA is necessary before beginning engineering design.
J. INDIRECT COSTS shall mean those costs that benefit more than one project and cannot be
readily identified with a particular final project or program cost objective. Their precise
benefits to a specific project are often difficult or impossible to trace.
K. IN-HOUSE PROJECT DELIVERY COSTS ("IHPD") shall mean all costs associated with
the development of the Major Capital Improvement Program (MCIP) "Call for Projects",
selection of projects, scoping of projects, project design, property acquisition and construction
of projects. Cost Accounting shall include but is not limited to employee time reimbursement,
materials, equipment, and other expenditures necessary for the management and continuation
of the MCIP.
L. INTERLOCAL AGREEMENTS shall mean contracts or agreements entered into between
City/Town and County in accordance with the Texas Government Code, Chapter 791,
including any amendments thereto.
M. LEAD AGENCY shall mean that entity responsible for project management, including, but not
limited to planning, design, right-of-way acquisition, approved utility relocation or adjustment
and construction unless otherwise designated.
MCIP MASTER AGREEMENT- 2021 2
N. MASTER AGREEMENT ("MA") shall mean this document including all incorporated
documents, attachments, and exhibits.
O. MEMORANDUM OF AGREEMENT ("MOA") shall mean a written document that
includes, but is not limited to a MOA, MOU, FA, and/or PSA, which incorporates the results of
the Preliminary Design Charrette.
P. MEMORANDUM OF UNDERSTANDING "MOU") shall mean a written document that
includes, but is not limited to a MOA, MOU, FA, and/or PSA, which incorporates the results of
the Preliminary Design Charrette.
Q. MULTI -MODAL CONNECTIVITY IMPROVEMENTS shall mean projects which comply
with the concepts in the Moving Ahead for Progress in the 21st Century Act ("MAP -21"), any
supplements and/or amendments thereto, or any future federal transportation acts which
increase safety, accessibility, flexibility, efficiency, and enhance the integration and
connectivity of the transportation system, across and between modes throughout the County for
motorized and non -motorized users.
R. ORPHAN ROADS shall mean all or part of a street or road right-of-way, which are outside
the incorporated limits of a municipality (or municipalities) and the incorporated area of the
municipality (or municipalities) abuts or extends into the right-of-way. These roadway
segments have, in effect, been "orphaned" by the abutting City/Town (or cities) that they serve
in that they have been left unincorporated. Thus, the County has primary responsibility for
maintenance, operation, enforcement, police and/or emergency services within these
unincorporated rights of way.
S. PARCEL OR PARCELS shall mean those portions or part of land and improvements located
either wholly or partially thereon, identified by County, City/Town or other stakeholder as
required for right-of-way requirements of the Project. Such right-of-way shall include the
existing street, road, drainage or other City/Town or County real property ownership and all
additional real property to be utilized for the Project.
T. PRELIMINARY CONCEPT CHARRETTE ("PCC") shall have the same meanings and
purposes as the Preliminary Design Charrette, but be conducted very early in the design start,
before substantial design is underway. The conditions for which a PCC is appropriate will be
determined by the lead agency. Use of CSS will usually mean that a PCC will be conducted,
since its use fits perfectly into CSS concepts. Other conditions encountered may dictate the use
of a PCC, such as poor soils, presence of unconsolidated solid waste dumps, innovative
integration of master planning with project delivery, unusual right-of-way ("ROW")
challenges, budgetary constraints (thus calling for significant Value Engineering efforts), etc.
The results of properly using a PCC will be that early consensus will be achieved on a basic
approach to the project design and construction, thus avoiding wasted design funding and loss
of momentum for project delivery.
U. PRELIMINARY DESIGN CHARRETTE ("PDC") shall mean meetings of representatives
of independent engineers and stakeholders of the contracting parties of the project for the
purpose of discussing feasible design alternatives, forging consensus for the selected
alternative, and includes entering into a MOA, MOU, FA, and/or a PSA for the overall
estimate, alignment, and scope of the project. The PDC will be scheduled when the
preliminary design is complete or near completion. This means horizontal and vertical
alignment alternatives have been designed, ROW requirements are at least approximately
known for each alternative, and the design is 40% to 60% complete. The result of a PDC that
is conducted with all the stakeholders present is that it may help assure the project is able to
MCIP MASTER AGREEMENT- 2021 3
overcome any challenges with design completion, ROW acquisition, utility design and
relocation, and finally, road construction.
V. PROJECT MANAGER shall mean the person appointed by the Lead Agency who is assigned
the primary duty for assuring Project Participant coordination and timely project delivery.
There will be only one Project Manager assigned to a Project.
W. PROJECT PARTICIPANTS/TEAM shall mean independent representatives from the
County, City/Town, and other stakeholders of the contracting parties as may be mutually
agreed upon by the County, City/Town, and stakeholders or otherwise with responsibility for
delivering the completed Project.
X. PROJECT(S) shall mean the proposed thoroughfare and multi -modal connectivity
improvements approved by the Commissioners Court for inclusion in the Transportation MCIP
and approved by the City/Town.
Y. PROJECT DURATION shall mean the active life of the Project. Project shall commence
with the application for a Project by the City/Town and approval by the Dallas County
Commissioners Court. The Project shall be considered complete when construction has been
fully completed and the maintenance period has expired or the Project has been terminated in
accordance with Article IV of this Master Agreement.
Z. PROJECT SPECIFIC AGREEMENT ("PSA") shall mean a written agreement subsequent
to this Master Agreement, which is entered into to establish the contractual rights and
responsibilities of the City/Town and County as it relates to a particular Project. A PSA
supersedes a MOA, MOU or FA.
AA. RIGHT - OF WAY- ("ROW") is a strip of land that is granted, through a ROW deed, an
easement or other mechanism, for a Project. ROW shall mean that real property or property
interest identified by the County or the City/Town, as necessary for the construction of the
Project which shall include the existing street, road, drainage or other City/Town or County real
property ownership and all additional real property to be utilized for the Project.
BB. SCOPING SHEETS will be attached to PSA's involving construction. Scoping sheets may be
attached to PSA's involving a study or design. These sheets will set forth the design criteria to
be used for the Project, including the alignment, appropriate specifications, typical section and
other parameters of the Project. As project goals and needs are more clearly defined, the
Scoping Sheets shall be updated and revised by the Project Manager to reflect current
construction goals.
CC. SMALL WATERSHED DAM shall mean floodwater retarding structures that were
constructed by the United States Department of Agriculture ("USDA") Natural Resources
Conservation Service ("NRCS"), formerly named the Soil Conservation Service ("SCS"), in
watersheds less than 250,000 acres under the authority of the Flood Control Act of 1944 and
the Watershed Protection and Flood Prevention Act of 1954. These structures typically have
earthen embankments with principal and auxiliary spillways.
DD. STANDARD BASIC PROJECT DESIGN shall mean the standard County -approved
City/Town criteria for paving, bridges, drainage and appurtenances, traffic control items
including pavement marking, warranted uniform signals, street light foundations, pull boxes,
conduit, sidewalks, medians, storage/turn lanes, access, required structural retaining walls and
standard driveways excluding road or street amenities, or such design criteria as may be agreed
upon by the contracting parties and listed in a Project's Scoping Sheets.
MCIP MASTER AGREEMENT- 2021 4
EE. TxDOT shall mean the Texas Department of Transportation
FF. UTILITIES shall mean each City/Town utility, public utility, common carrier,
governmental or quasi -governmental facility, fiber optic facility, or other facility located
within the limits of the Project by virtue of Texas or federal law or agreement between the
entity and the City/Town, County, or State of Texas.
GG. UTILITY, CITY/TOWN, also known as CITY/TOWN UTILITY shall mean those utilities
that are owned or operated by the City/Town, which requires relocation or adjustment for the
purpose of the construction of the Project as identified by Project plans.
HH. UTILITY IN PUBLIC RIGHT-OF-WAY shall mean all Utilities located within the limits of
any governmental entity.
II. UTILITY IN PRIVATELY OWNED RIGHT-OF-WAY shall mean all Utilities, excluding
City/Town Utilities, whose facilities are located within a private easement.
JJ. UTILITY BETTERMENT shall mean any increase in the capacity of any Utility's Facility
adjusted or relocated as a part of the Project as compared to the existing Facility, or any
upgrading of the Utility's Facility above the standard practices, devices or materials, specified
by the Utility and customarily used by the City/Town or Utility on Projects solely financed by
the City/Town or Utility. Provided, however, that any adjustments necessary to successfully
accomplish the Project shall not be considered a Betterment, and further, that any increase in
the capacity of the Utility Facility resulting solely from the replacement of devices or materials
no longer regularly manufactured, processed or installed shall not be considered a Betterment,
provided that such replacement shall be only to the standard devices or materials currently used
on other projects financed solely by the City/Town or Utility. This meaning shall apply to
utilities that are part of the Project as well as the standard basic street components (See
"STANDARD BASIC PROJECT DESIGN").
ARTICLE IL PERIOD OF THE AGREEMENT
This Master Agreement becomes effective when signed by the last party whose signing makes
the respective agreement fully executed (The "Effective Date"). This Master Agreement shall expire
ten (10) years from the Effective Date unless terminated in accordance with Article IV of this Maser
Agreement.
ARTICLE III. AMENDMENTS
This Master Agreement may be amended with the mutual consent of the City/Town and
County. Any amendment must be in writing and approved by the parties' respective governing bodies
through either a Court Order from Commissioners Court or a City/Town Council Resolution.
ARTICLE IV. TERMINATION, DEFAULT, TIME OF THE
ESSENCE AND FORCE MAJEURE
A. TERMINATION
a. This Master Agreement may be terminated by any of the following conditions:
1. By expiration of the term of the agreement.
MCIP MASTER AGREEMENT- 2021
2. By either party, by providing written notice of termination pursuant to Article
XIX, Paragraph I. of this Master Agreement establishing the effective date of
termination to the other party as consequence of the party being in default of the
provisions of this Master Agreement and/or any original, supplemental and/or
any amended MOA, MOU, FA, and/or PSA or the failure to timely provide
funding, with proper allowances being made for circumstances beyond the
control of the defaulting party.
3. By either party for any reason with ninety (90) days written notice to the other
party pursuant to Article XIX, Paragraph I. of this Master Agreement.
b. Should either party terminate this Master Agreement as herein provided, all existing, fully
executed original and/or supplemental and/or amended MOA, MOU, FA, and/or PSA made
under this Master Agreement shall not be terminated and shall automatically incorporate all the
provisions of this Master Agreement.
C. In the event that any original and/or supplemental and/or amended MOA, MOU, FA, and/or
PSA is terminated prior to completion of the Project, no additional Costs shall be incurred other
than Costs due and payable at the time of termination for services actually performed or that
shall become due and payable due to such termination. The Lead Agency, to the extent
permitted, may terminate all Project contracts, unless written notice is given by either party to
the other of its intent to complete the Project, and prepare a final accounting for the Project.
d. If the Project is terminated by the City/Town prior to the award of any construction contract
and the Project is located within the City/Town limits, City/Town shall pay to the County the
full amount expended by the County on the Project and the County shall transfer to the
City/Town its rights and all deliverables that it may be entitled to receive under the existing
professional services or other project contracts or agreements. Such amount shall be included
in the final accounting for the Project. Such amount shall be due and payable in full ninety (90)
days subsequent to the termination, or thirty days subsequent to delivery of final accounting.
e. Once the construction contract has been awarded by the governing body of the Lead
Agency, the PSA for that Project cannot be terminated until completion of the construction.
f. In the event that a Project is terminated prior to the award of the construction contract,
either party may, upon written notice pursuant to Article XIX, Paragraph I. of this Master
Agreement, take over the Project and prosecute the work to completion by contract or
otherwise at its sole cost and expense. In the event that the party completing the work is not the
Lead Agency, it is agreed that the Project Manager will furnish to the Completing Party a
listing of current records pertaining to any outstanding obligations or other records or
information required by any project contract, including any Work Order, or requested in
writing by Completing Party in either printed or electronic format or both. The Lead Agency
agrees to cooperate with the Completing Party. The Lead Agency will use its best efforts to
transfer to the Completing Party all contracts. Obligations under such contracts shall become
the sole obligation of the Completing Party upon transfer. Completing party agrees to timely
pay all future obligations under such contract as they become due and payable. Completing
Party hereby releases the Lead Agency from any and all liability under such assigned contracts
subsequent to date of transfer, effective upon the transfer date. Lead Agency shall exercise its
best efforts to ensure a transition of services without interruption.
Either party shall have the right to retain copies of all data, information, engineering, studies, or
other items produced to the date of termination.
MCIP MASTER AGREEMENT- 2021 6
g. In the event that no FA is approved within five (5) years of Commissioners Court
approval of County MCIP funding commitment, then the County in its sole discretion, can
reallocate the County MCIP funding commitment.
h. In the event the Project is being completed in phases and more than five (5) years has
transpired after a completed phase without any activity on subsequent approved phases, then
the County in its sole discretion, can terminate the Project and reallocate the remaining County
MCIP funding.
i. In the event that the City/Town enters into a PSA with the County, if the Project has not
been completed within ten (10) years from the date of Commissioners Court approval of the
original PSA, then the County in its sole discretion, can terminate the Project and reallocate the
remaining County MCIP funding.
j. Provisions b through j of this Article IV, Section A shall survive the termination of this
Master Agreement and any MOA, MOU, FA, and/or PSA and shall be a continuing obligation
until the transition of services, all payments made and the Projects are complete. All items
listed or required in this provision shall be furnished by Lead Agency to Completing Party
without additional cost or expense to completing party.
B. FORCE MAJEURE:
Neither County nor City/Town shall be in default or responsible for delays or failures in
performance resulting from causes reasonably beyond its control and not attributable to its neglect.
Such acts include but are not limited to acts of God, fire, storm, pandemic, epidemic, flood,
earthquake, natural disaster, nuclear accident, strike, air traffic disruption, invasion, insurrection,
lockout, stoppage of labor, riot, freight embargo, public regulated utility, or governmental statutes,
orders, or regulations superimposed after the fact. Any party delayed by force maj eure shall as
soon as reasonably possible give the other party written notice of the delay. If reasonably practical,
the party claiming the suspension shall give notice of such impediment or delay in performance to
the other party within ten (10) days of the knowledge of such occurrence. The party delayed shall
use reasonable diligence to correct the cause of the delay, if correctable, and if the condition that
caused the delay is corrected, the party delayed shall immediately give the other party written
notice thereof and shall resume performance under this Master Agreement as soon as practicable.
In the event of such an occurrence, the time for performance of such obligations or duty shall be
suspended until such time that such inability to perform, shall be removed. Each party shall make
all reasonable efforts to mitigate the effects of any suspension. The provisions of this Article IV,
Section B shall survive the termination of this Master Agreement.
ARTICLE V. IMMUNITY AND LIABILITY FOR ACT AND OMISSIONS
County and City/Town agree that no provision of this Master Agreement is in any way intended
to constitute a waiver of any immunities from suit or liability, or a waiver of any tort limitation,
that the parties have by operation of law, or otherwise. County and City/Town agree that both
County and City/Town shall each be responsible for their own negligent acts or omissions or
other tortious conduct in the course of performance of this Master Agreement without waiving
any sovereign or governmental immunity available to either County or City/Town or their
respective officials, officers, employees, or agents under Texas or other law and without waiving
any available defenses under Texas or other law. In the event of joint and concurrent negligence
of the parties to this Master Agreement, responsibility, if any, shall be apportioned
MCIP MASTER AGREEMENT- 2021 7
comparatively in accordance with the laws of the State of Texas, without waiving any defenses,
including sovereign or governmental immunity, or other defenses available to the parties under
federal or Texas law. Nothing in this paragraph shall be construed to create or grant any rights,
contractual or otherwise, in or to any third persons or entities. The provisions of this Article V
shall survive the termination, expiration, or cancellation of this Master Agreement, or any
determination that this Master Agreement or any portion hereof is void, voidable, invalid, or
unenforceable.
ARTICLE VL LEAD AGENCY
A. Lead Agency shall be that entity which is responsible for the Project from conception through to
completion of construction. City/Town and County may choose for the County to manage the
Project through design and construction and for the City/Town to acquire ROW.
B. In the event that the City/Town is the Lead Agency the City/Town shall:
a. Provide project management and leadership from Project selection to construction
completion following the 5 Phase Project Delivery System as detailed in Attachment A to this
Master Agreement, which is attached hereto and incorporated herein by reference, as well as
any amendments, updates, additions, or supplements thereto, which are also incorporated
herein by reference. Amendments, updates, additions, or supplements may be issued by the
Dallas County Public Works Department to the Practices Manual, which may be provided to
the city/town on an as -needed basis during the term of this Master Agreement;
b. Lead Agency shall be responsible for hosting the Preliminary Concept Charrettes and or
Preliminary Design Charrettes and Neighborhood Public Workshops;
c. Acquire ROW necessary for the Project;
d. Enter into or obtain whatever agreements or permits necessary for Project completion;
e. Provide County with the opportunity for significant input in plan development and periodic
progress reviews; and
f. Provide records for periodic auditing for either financial accounting or engineering
accounting or both.
C. For City/Town-led projects in which the City/Town is considering to specify transportation
infrastructure elements exceeding the Standard Basic Project Design criteria, County funding will
only be eligible to the Standard Basic Project Design criteria unless the City/Town and County
have arrived at a mutual agreement through involvement of the County during the initial design
phases, including the Design Kick-off Meeting and as necessary, the Preliminary Concept
Charrette and Preliminary Design Charrette meetings.
ARTICLE VII. CITY/TOWN AGREES AS FOLLOWS:
A. To execute, within five (5) years of Commissioners Court approval of funding commitment, the
necessary agreements with the County for the implementation of design and construction of the
Projects mutually agreed upon and incorporated herein by reference with a PSA. Without at least a
FA within five (5) years of Commissioners Court approval of the funding commitment, the County
in its sole discretion can reallocate the funding commitment.
MCIP MASTER AGREEMENT- 2021 8
B. City/Town agrees not to allow more than five (5) years to transpire after a completed phase without
any activity on subsequent approved phases, in the event that the Project is being completed in
phases. If more than five (5) years transpire after a completed phase without any activity on
subsequent approved phases, the County in its sole discretion, can reallocate the remaining County
MCIP funding.
C. City/Town agrees to complete a Project within ten (10) years from the date of Commissioners
Court approval of the PSA. If more than ten (10) years transpire, the County in its sole discretion
can reallocate the remaining County MCIP funding.
D. To provide City/Town Council Resolution adopting approved preferred alignment, proposed
estimated budget, and commitment to meet MCIP Project funding for each milestone as specified
herein in the Master Agreement or in the FA and/or PSA.
E. To provide a plan to address outstanding issues identified by the County before entering into
necessary agreements for the Project to proceed.
F. City/Town agrees to share the funding of each Project with County on an equal share basis of
50%/50% or an otherwise agreed cost sharing arrangement as specified in a FA and/or PSA with
the following exclusions:
a. City/Town shall bear the entire cost of:
1. City/Town owned utilities relocation or adjustment such as water and sanitary sewer
facilities, except utility adjustments directly attributable to storm sewer improvement
conflicts;
2. Amenities including but not limited to street pavers, colored concrete, planters,
decorative lighting, special signage, or any other feature over the Standard Basic Project
Design;
3. Utility Betterments;
4. Direct costs of City/Town which is fulfilling the role of Lead Agency, shall be
totally funded by City/Town unless supported by a detailed hourly accounting system
equal to County's accounting system; and
5. City/Town Indirect Costs.
G. After the City/Town and County enter into a MOA, MOU, FA and/or PSA, regarding the Project's
concepts, design elements and limits by the County and City/Town at the PDC, the City/Town
agrees to acquire ROW required for designated projects by voluntary dedication and/or the
subdivision platting process. City/Town agrees to participate in funding the acquisition of ROW
remaining to be secured after first attempting to secure with other legal means. City/Town also
agrees to fund the removal of improvements that are encroachments within existing or proposed
ROW areas.
H. In the event of any proposed use of the Project ROW that will conflict with the proposed Project
and City/Town is unable to obtain such ROW, City/Town shall notify County of such conflict.
County and City/Town shall determine if the acquisition of the conflicting parcel would be in the
best interest of the Project. In the event that agreement is reached and the parcel is acquired such
cost shall be included in the pro rated cost of the project in the agreed upon proportions.
I. City/Town hereby grants the County authority to enter into eminent domain proceedings within the
City/Town limits on each specific ROW alignment and/or project as approved by the City/Town
and County.
MCIP MASTER AGREEMENT- 2021 9
J. To require all Utilities located within or using the present public ROW on all designated
transportation projects within City's/Town's municipal limits to adjust and/or relocate said Utilities
as required by the proposed improvement of the designated transportation project. City/Town
Utilities shall be relocated or adjusted at no cost to County except as may be specifically set forth
in this Master Agreement or subsequent written agreement.
K. City/Town agrees to use its best efforts to be cooperative on issues relating to billboards,
advertising signs, non -conforming uses, zoning and similar restrictions and to exercise its best
efforts to provide variances when possible to minimize costs and minimize delays of the Project.
Additional Project costs caused or contributed to by the City/Town ordinance, zoning, non-
conforming use determination or other requirement shall be paid in full by the City/Town.
L. City/Town shall require the adjustment and/or relocation of Utilities to be accomplished and
finalized, as expeditiously as possible after approval of final plans to prevent Project schedule
delays. Notwithstanding anything contained herein to the contrary, all Utilities shall be adjusted or
relocated and the ROW clear for construction not later than thirty (30) days prior to the award of
the construction contract. City/Town will notify the County and other stakeholders when utility
conflicts would impact progress of the Project's completion. County and City/Town agree to work
with all stakeholders to solve the problem; which includes engaging elected officials in the
problem's resolution to prevent delays in the commencement or prosecution of construction on the
Proj ect.
M. Where planned roadway improvements (including, but not limited to storm drainage,) are in
conflict with City/Town owned water and sanitary sewer systems, that could otherwise remain in
place, the actual costs of the necessary adjustment of City/Town water and sewer utilities shall be
pro rated at the overall percentage agreed to by City/Town and County for cost sharing. City/Town
shall be responsible for funding one hundred percent (100%) of any Betterment; as well as 100% of
any relocation that is caused by City/Town installation during the Project Duration. Except as
provided herein, all costs for adjustment and/or relocation of utilities in the public ROW shall be
the responsibility of the Utility Owner or of the City/Town Utility. Any Project delay or other
damages caused by City/Town or the Utility's failure to timely relocate or adjust the facility shall
be at the entire cost of City/Town.
N. To provide for continuing surveillance and control of ROW to prevent the construction, placement,
storage or encroachment of any signs, personal property or other appurtenances in the existing or
proposed ROW. In the event that the aforementioned features are allowed by City/Town to
encroach on necessary ROW during the duration of the project, City/Town shall bear the entire cost
of removal or relocation of said encroachment.
O. To provide to County for County's or County's designee's use, at no cost, adequate copies of all
construction standards, codes, (specifically including zoning and development codes), plats,
specifications, guidelines, standards or any other pertinent information as determined by County to
be required for the completion of the Project. Additionally, City/Town shall furnish County, at no
cost, such documents as necessary to keep all items previously furnished to County current.
P. To actively participate and provide authorized representation with decision-making power at the
PCC and/or the PDC, preconstruction meeting, and project meetings, which are necessary to
Project development and completion.
Q. City/Town agrees to provide timely review of interim submittals. "Timely review" will be agreed
upon during the PCC and/or PDC as a part of the Project schedule. City/Town further agree that if
no review notes are submitted by the City/Town in writing to the County in a timely basis, plans
are approved as submitted.
MCIP MASTER AGREEMENT- 2021 10
R. When City/Town is Lead Agency, City/Town agrees to allow forty-five (45) days for County
review of submittals and that any of the County's comments shall be incorporated into the final
document.
S. City/Town agrees that it will pay all additional Project cost for any City/Town requested
discretionary change, including, but not limited to Amenities and Utility Betterments, in or in
addition to the design or construction of the Project subsequent to the City/Town's opportunity to
review the sixty five percent (65%) design plans.
T. Provide at City's/Town's cost for the continuing maintenance of all the Project ROW, such as
mowing, drainage, trash removal, etc., during the period between acquisition and construction.
U. During the construction of the Project and after completion of the Project, City/Town will be
responsible for the control, operation, police enforcement and/or emergency services, without cost
or contribution from the County.
V. After the completion of a Project and the maintenance period, the City/Town will be responsible
for all future maintenance without cost or contribution from the County.
W. City/Town shall bear the entire cost of design, construction and administration for landscaping,
streetscaping, streetlighting, as such items are not included in the Standard Basic Project Design
and other amenities specified or requested by the City/Town in excess of the Standard Basic
Project Design.
X. It is the intent of this Master Agreement that the County will be the Lead Agency. In the event that
the City/Town and County agree in writing that the City/Town will manage and administer one or
more projects, the City/Town and the County will enter into a FA and/or PSA as to that project(s).
In such instance, the City/Town agrees to assume all Lead Agency responsibilities except as may
be determined by mutual agreement and set forth in the FA and/or PSA.
ARTICLE VIII. UTILITY IMPACTS.
A. In cases where a Utility is located in a Privately Owned ROW, and it is necessary to relocate the
facility or make adjustments by reason of the widening or improvement of the designated Project,
the County (or City/Town if acting as the Lead Agency) will, after submission by the utility
company of ROW documentation and cost estimates acceptable to the City/Town, County and
other stakeholders, assign the actual costs for the relocation and/or adjustment of said utility to the
Proj ect.
B. In cases where a Utility in Public ROW, excluding City/Town Utilities, occupies any portion of the
Project ROW by Texas or federal law or by agreement with the City/Town that allows or permits
the City/Town to cause the relocation of the utility for the construction of the Project, the
City/Town shall timely require and enforce the relocation or adjustment requirement at no cost to
the Proj ect. In the event that the City/Town has no legal or contractual right to cause the
relocation, the relocation or adjustment shall be relocated or adjusted and all cost shall be a Project
Cost. City/Town shall take all steps necessary to ensure that such relocation or adjustment shall
not conflict with or delay the Project schedule.
ARTICLE IX. COUNTY AGREES AS FOLLOWS:
A. To provide, as a Project Cost, preliminary engineering which will define project details, e.g.,
location, scope of work and specific right-of-way alignment for each improvement. Such
MCIP MASTER AGREEMENT- 2021 11
preliminary engineering shall be submitted to the City/Town for approval, prior to proceeding with
the final design and any right-of-way acquisition.
B. To provide, as a Project Cost, for the construction of transportation improvements based upon
design criteria conforming to Standard Basic Project Design in conformity with applicable City
ordinances and standards, to the extent of Commissioners Court approved program funding. Scope
of work shall include the agreed upon design standards as the basis for improvement criteria.
Deviations from mutually agreed upon application of City/Town standards and/or design criteria
shall require prior approval of the City/Town. Where City/Town standards do not exist, TxDOT
standards as of the Effective Date of this Master Agreement shall be utilized unless otherwise
mutually agreed to by the parties in the FA and/or PSA.
C. To actively participate and provide authorized representation at the PCC and/or the PDC,
preconstruction meetings, and Project meetings, which are necessary to project development
through project completion.
D. To provide project management of each Project where the County is Lead Agency from
commencement to completion of construction. City and County may agree to redefine project
management roles as beneficial to the Project as defined in the MOA, MOU, FA, and/or PSA,
and/or supplemental and/or amended agreements.
E. Upon receipt of written request detailing the information requested, to provide information related
to the Project to the City/Town or the City /Town's designee at no cost to the City/Town.
F. County agrees to provide review of interim submittals within forty-five (45) days of receipt, and
hereby agrees that if no review notes are submitted by the County (if City/Town is filling the role
as Project Manager) in writing to the City/Town within that time period, plans are to be approved
as submitted.
G. To submit final engineering plans for review and written approval by the City/Town forty-five (45)
days prior to submitting documents to the County Purchasing Department for advertising the
project for construction.
H. To provide for the acquisition, including acquisition by Eminent Domain, of the necessary
additional ROW, on designated projects, in accordance with minimum standard requirements and
utilizing existing public ROW to the maximum extent possible as a Project cost.
I. To require all contractors to secure all necessary permits required by the City/Town on said
construction projects.
J. To furnish record drawings of construction plans for the permanent records of the City/Town
within twelve (12) months upon completion and acceptance of the transportation improvement
Proj ect.
K. To transfer the real property or property interest acquired by the County and used for the Proj ect to
the City/Town.
L. In the event the County and the City/Town agree in writing that the City/Town will be the Lead
Agency for the agreed upon Project, the County will reimburse the City/Town for agreed costs as
detailed in Article XII. (Funding) in this Master Agreement in an amount not to exceed the Project
cost as approved by Dallas County Commissioners Court and incorporated in the FA and/or PSA.
All County payments shall be in accordance with Texas law and County policies and procedures as
may be mutually agreed to by the parties and incorporated by reference in a FA and/or PSA.
MCIP MASTER AGREEMENT- 2021 12
ARTICLE X. PRELIMINARY DESIGN CHARRETTE (PDC), PRELIMINARY
CONCEPT CHARRETTE (PCC)
A. City/Town and County, as specified in Articles VII, IX, and X of this Master Agreement,
respectively, will designate officials or representatives to participate in a PCC and/or PDC to be
conducted on a mutually agreed to date and location. At least part of this meeting will be
conducted on the Project site.
B. Results from the PCC will identify the general project scope, the basic approach and concepts to be
taken with the project, the elements of CSS that will be included, and some ideas for alignments
alternatives. The Lead agency will already have been determined, as well as the project
administration and management roles, which include the Project Manager. Key proj ect
participants shall be introduced to stakeholders at the PCC and or PDC. Results from the PDC will
identify the preferred alignment of the project, and provide all stakeholders a commitment for
project delivery schedules and project budgets.
ARTICLE XI. FISCAL FUNDING
Notwithstanding anything to the contrary herein, this Master Agreement is expressly contingent upon
the availability of County funding for each item and obligation contained herein. City/Town shall have
no right of action against the County as regards this Master Agreement, specifically including any
funding by County of the Project in the event that the County is unable to fulfill its obligations under
this Master Agreement as a result of the lack of sufficient funding for any item or obligation from any
source utilized to fund this Master Agreement or failure of any funding party to budget or authorize
funding for this Master Agreement during the current or future fiscal years. In the event of insufficient
funding, or if funds become unavailable in whole or part, the County, at its sole discretion, may
provide funds from a separate source or terminate this Master Agreement. In the event that payments
or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas
Government Code.
Notwithstanding anything to the contrary herein, this Master Agreement is expressly contingent upon
the availability of City/Town funding for each item and obligation contained herein. County shall have
no right of action against the City/Town as regards this Master Agreement, specifically including any
funding by City/Town of the Project in the event that the City/Town is unable to fulfill its obligations
under this Master Agreement as a result of the lack of sufficient funding for any item or obligation
from any source utilized to fund this Master Agreement or failure of any funding party to budget or
authorize funding for this Master Agreement during the current or future fiscal years. In the event of
insufficient funding, or if funds become unavailable in whole or part, the City/Town, at its sole
discretion, may provide funds from a separate source or terminate this Master Agreement. In the event
that payments or expenditures are made, they shall be made from current funds as required by Chapter
791, Texas Government Code.
ARTICLE XII. FUNDING
A. City/Town and County mutually agree to proportionately fund the Direct Project and Program
costs as agreed by the parties in a FA and/or PSA. Unless otherwise specified in the FA and/or
PSA, the County shall bear fifty percent (50%) of the total Direct Project and Program costs
excluding the Amenities, relocation or adjustment of City/Town Utilities, Utility Betterment,
Indirect Cost, Direct Cost not supported by detailed hourly accounting system and other items as
specified in this Master Agreement, FA, and/or PSA. County shall not be responsible for any
MCIP MASTER AGREEMENT- 2021 13
amount of funding in excess of the Project not -to -exceed amount as shown in the FA and/or PSA.
Unless otherwise specified in the FA and/or PSA, the City/Town shall bear fifty percent (50%) of
all Direct Project and Program costs. In addition, the City/Town agrees to fund all other
City/Town cost as provided herein, including, but not limited to, Amenities, relocation or
adjustment of City/Town Utilities, Utility Betterment, Indirect Cost, Direct Cost not supported by
detailed hourly accounting system, and other items as specified in this Master Agreement, FA,
and/or PSA.
B. Unless otherwise stated in a FA and/or PSA, the milestones for each project shall be (1)
preliminary and primary design (2) ROW acquisition and utility relocation or adjustment and (3)
construction. The Lead Agency shall prepare an estimated cost for each milestone. Upon approval
of the cost by the other party, each party shall fund its share of the respective milestones by placing
that amount of money in an escrow account or otherwise encumber the funds to ensure that the
Lead Agency will have sufficient funding available from current revenue for the timely payment of
Project milestone costs. The Lead Agency may bill the other party for periodic payments for the
actual amount of work completed toward the completion of the milestone. Upon completion of the
milestone, the non -management party will be furnished a notice that such work has been completed
and the amount of funding that may be utilized to pay subsequent milestone Project cost.
Notwithstanding any other term or condition contained herein in this Master Agreement or in any
FA and/or PSA, neither party will be required to award any contract until written certification has
been received that funding has been placed in escrow or encumbered for the payment of the non -
awarding party's portion of the Project cost.
C. In the event that the cost of the Project shall exceed the not -to -exceed amount, City/Town and
County agree to either reduce the scope of construction or seek additional funding to complete the
Project at the agreed upon cost share percentages. At the termination of the Project, the Lead
Agency will do a final cost accounting of the Project. In the event that the amount paid by either
party exceeds its portion of the actual cost, the difference will be remitted to such party. In the
event that additional funds are due, the Lead Agency will bill the other party who agrees to pay
such funds within thirty (30) days of receipt of such billing.
D. If the City/Town elects to manage the Project, the County will reimburse the City/Town based on
invoices for actual costs expended as supported by documentation approved by the County
Auditor. Any and all supporting documentation required by the County Auditor shall be included
with the invoice from the City/Town.
E. After approval by the County's Commissioners Court and the City/Town's City/Town Council,
and after the execution of an FA and/or PSA, the City/Town shall escrow an amount adequate for
estimated Project costs, which the County may use to pay for professional services, which include,
but are not limited to scoping, preliminary design, and primary design.
F. City/Town and County shall enter into a FA to establish funding commitments for both parties as
required for each project within at least five (5) years of project selection unless the County and
City decide to enter directly into a PSA. If the City/Town agree the Project is to be completed in
phases, no more than five (5) years may transpire after a completed phase without any activity on
subsequent approved phases.
G. If the City/Town and County agree to enter into a PSA without first entering into a FA, the
City/Town shall enter into a PSA with the County and complete the Project within ten (10) years or
less.
H. Suggested timeframes for FA's, PSA's, and/or any supplements and/or amendments thereto are:
MCIP MASTER AGREEMENT- 2021 14
a. As soon as the project is accepted by Commissioners Court and as a result of the Kick-off
meeting, a FA to establish the Lead Agency for preliminary engineering and general funding
responsibilities and procedures for reimbursement by the Participating Agency; or
b. For a PSA, when the preliminary engineering plans are at sixty percent (60%) complete,
providing specific details on project scope to enter into a PSA; or
c. After construction bids are opened, amend the PSA as needed.
ARTICLE XIII. NO THIRD PARTY BENEFICIARY ENFORCEMENT
It is expressly understood and agreed that enforcement of the terms and conditions of this Master
Agreement and all rights of action relating to such enforcement shall be strictly reserved to the
City/Town and the County. Nothing contained in this Master Agreement shall give or allow any claim
or right of action whatsoever to any other person or entity. The terms and provisions of this Master
Agreement are for the benefit of the parties hereto and not for the benefit of any third party. It is the
express intention of the City/Town and the County that any entity or person other than the City/Town
or the County receiving services or benefits under this Master Agreement shall be deemed an
incidental beneficiary only. This Master Agreement is intended only to set forth the contractual right
and responsibilities of the parties hereto.
ARTICLE XIV. RIGHT OF ENTRY
The City/Town agrees that the County shall have the right to enter upon the Project area for the time
period necessary for the completion of the Project. The City/Town agrees to furnish such police or
other City/Town personnel as requested by the County for traffic control or other public safety matters
at no cost to the Project or the County.
ARTICLE XV. LIST OF PROJECTS
City/Town agrees that it has been furnished with a list of the potential Projects as approved by the
Dallas County Commissioners Court, subject to the agreement between the parties in a MOA, MOU,
FA and/or PSA. City/Town stipulates and agrees that the Commissioners Court Order approving the
projects identifies the potential project location and describes the type of project in sufficient detail that
the City/Town is fully aware of the location and type of projects being considered.
ARTICLE XVI. REALLOCATION OF COUNTY MCIP FUNDING
The County in its sole discretion has the ability to reallocate County MCIP funding away from the
City/Town's Project if the City/Town has not entered into a FA confirming the City/Town funding
match within five (5) years from Commissioners Court approval of the funding commitment. The
County in its sole discretion has the ability to reallocate the remaining County MCIP funding in the
event the Project is being completed in phases and more than five (5) years has transpired after a
completed phase without any activity on subsequent approved phases. The County, in its sole
discretion, also has the ability to reallocate the remaining County MCIP funding away from the
City/Town's Project if the City/Town has not completed the Regional Transportation milestone within
ten (10) years.
ARTICLE XVII. ORPHAN ROAD POLICY
A. The County encourages all cities adjacent to orphan roads in the county to develop, commit to
and submit a plan to the County for completing the annexation of the orphan road segments and
MCIP MASTER AGREEMENT- 2021 15
assuming full responsibility for these roadways. In instances where two cities abut the same
orphan road segment, the County encourages the two cities to jointly develop a plan for the
annexation of that segment. The County offers its assistance to the cities in developing such
plans.
B. The County, at the discretion of the Commissioners Court, may give additional selection value
to projects in cities that have submitted a specific plan for the annexation of orphan roads when
the County selects, approves, and schedules projects for funding in the County's Major Capital
Improvement Program ("MCIP"). Such preference may also be given in approving projects for
road and bridge district participation (Type "B" work).
C. The County, at the discretion of the Commissioners Court, may also refuse to participate in
discretionary projects, such as road and bridge district projects or MCIP projects, in a City that
elects not to pursue the annexation of orphan road segments that abut its boundaries. Failure to
notify the County of the City's intent to annex and/or failure to submit a plan for annexation in
a timely manner shall be construed by the County as the City's election not to pursue
annexation.
D. The County, at the discretion of the Commissioners Court, may select specific orphan road
segments for improvement when a City commits to annexation of the segment upon completion
of the project. However, the specific plan for annexation of orphan roads submitted by the City
will not be limited to annexation upon completion of improvements by the County. The
County improvements may be made as road and bridge projects or as MCIP Projects (subject to
other MCIP criteria, including but not limited to regional thoroughfare plan designation and
City cost participation).
E. This policy application is prospective and projects selected by the County and approved by the
Commissioners Court prior to the date of the adoption of this policy shall not be impacted by
this policy.
F. The County shall provide written notification of the adoption of, and future revisions of, this
policy to the cities abutting orphan road segments.
G. The County Director of Public Works shall maintain a listing of orphan roads and the city or
cities they abut and shall provide updates to the Commissioners Court and to the cities as
changes occur. The listing and changes to the listing shall be based on municipal boundary and
annexation information provided to the County's Public Works by the cities as required by
Texas Local Government Code, Section 242.001(c).
H. The provisions of this Article XVII of this Master Agreement shall survive the termination of
this Master Agreement.
(Dallas County Code, Chapter 102, Article IV, Sec. 102-131 - 102-133, 6-27-2006, 8-10-2020).
ARTICLE XVIII. SMALL WATERSHED DAMS
The County encourages all cities/towns adjacent to small watershed dams maintained by the County
to develop, commit to and submit a plan to the County for assuming full responsibility for the
operations and maintenance of these dams. In instances where more than one city/town abuts a small
watershed dam, the County encourages the cities/towns to develop a plan for operation and
maintenance of the dam. The County offers its assistance to the cities/towns in developing such
plans.
MCIP MASTER AGREEMENT- 2021 16
A. The County, at the discretion of the Commissioners Court, may refuse to participate in MCIP
projects in a City/Town that elects not to pursue accepting full responsibility for the operations
and maintenance of small watershed dams within their jurisdiction. Failure to notify the
County of the City/Town's intent to submit a plan for operations and maintenance of small
watershed dams in a timely manner shall be construed by the County as the City/Town's
election not to pursue operations and maintenance of these dams.
B. Projects selected by the County and approved by the Commissioners Court prior to the
Effective Date of the adoption of this policy, shall not be impacted by this policy.
C. The County shall provide written notification of the adoption of, and future revisions of, this
policy to the cities abutting small watershed dams.
D. The provisions of this Article XVIII shall survive the termination of this Master Agreement.
ARTICLE XIX. MISCELLANEOUS GENERAL PROVISIONS
A. Applicable Law/Venue. This Master Agreement and all matters pertinent thereto shall be
governed by and enforced in accordance with the laws and case decisions of the State of Texas.
Exclusive venue for any legal action regarding this Master Agreement and all matters pertinent thereto
filed by either the County or the City/Town shall be in Dallas County, Texas. Notwithstanding
anything herein to the contrary, this Master Agreement is expressly made subject to the County's and
the City/Town's sovereign and/or governmental immunity, pursuant to Title 5 of the Texas Civil
Practice and Remedies Code, and all applicable State of Texas and federal laws.
B. Entire Agreement. This Master Agreement constitutes the entire agreement between the parties
respecting the subject matter contained herein, supersedes all prior and contemporaneous
understandings and agreements, whether oral or in writing, between the parties respecting same, and
may not be modified except by an instrument in writing executed by the parties hereto as herein
provided.
C. Severability. If one or more of the provisions in this Master Agreement shall for any reason be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability
shall not cause this Master Agreement to be invalid, illegal or unenforceable, but this Master
Agreement shall be construed as if such provision had never been contained herein, and shall not affect
the remaining provisions of this Master Agreement, which shall remain in full force and effect.
D. Default/Waiver/Mitigation. It is not a waiver of default if the non -defaulting party fails to declare
immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Master
Agreement does not preclude pursuit of other remedies in this Master Agreement or as provided by
law.
E. Federal or State of Texas Funding. In the event that any work or part thereof is funded by State
of Texas or U. S. Government funding and any statute, rule, regulation, grant, contract provision or
other State of Texas or U. S. Government law, rule, regulation or other provision imposes additional or
MCIP MASTER AGREEMENT- 2021 17
greater requirement(s) than stated herein, the City/Town agrees to timely comply therewith without
additional cost or expense to the County.
F. Headings. The headings and titles, which are used following the roman numeral of each paragraph
are only for convenience in locating various provisions of this Master Agreement and shall not be
deemed to affect the interpretation or construction of such provisions.
G. Number and Gender. Words of any gender used in this Master Agreement shall be held and
construed to include any other gender, and words in the singular shall include the plural and vice versa,
unless the text clearly requires otherwise.
H. Counterparts. This Master Agreement may be executed in multiple counterparts, each of which
shall be deemed an original, but all of which shall constitute one and the same instrument.
I. Notice. Any notice provided for in this Master Agreement to be given by either party to the other,
shall be required to be in writing and shall be deemed given when personally delivered, or three (3)
business days after being deposited in the United States Mail, postage prepaid, via certified mail, return
receipt requested, or via registered mail, and addressed as follows:
County: County of Dallas
Director of Public Works
Dallas County
Administration Building
411 Elm Street, Fourth Floor
Dallas, Texas 75202-3389
To City/Town: City/Town of
Name
Title
Address
Town/City, Zip Code
Either party may change its address for notice by giving the other party written notice thereof.
J. Assignment. This Master Agreement may not be assigned or transferred by either party without
the prior written consent of the other party and formal approval by the governing body of each party.
K. Binding Agreement, Parties Bound. When this Master Agreement has been duly executed and
delivered by both parties, this Master Agreement shall constitute a legal, valid, and binding obligation
of the parties, their successors, and permitted assigns.
L. Amendment. This Master Agreement may not be amended except in a written instrument
specifically referring to this Master Agreement and signed by the parties hereto.
M. Effective Date. This Master Agreement shall commence on the Effective Date. The Effective
Date of this Master Agreement shall be the date it is executed by the last of the parties. Reference to
the date of execution shall mean the Effective Date.
MCIP MASTER AGREEMENT- 2021 18
N. Contingent. This Master Agreement is expressly subject to and contingent upon formal approval
by the Dallas County Commissioners Court and by resolution of the City/Town Council.
O. No Joint EnterpriseNenture. City/Town and County agree that neither party is an agent, servant,
or employee of the other party. The parties, including their agents, servants, or employees, are
independent contractors, and not an agent, servant, joint enterprise/venture, or employee of any other
party, and are responsible for their own acts, forbearance, negligence, and deeds, and for those of their
agents, servants, or employees in conjunction with this Master Agreement. No joint enterprise/venture
exists between the City/Town and County.
The City/Town of , State of Texas, has executed this Master
pursuant to duly authorized City/Town Council Resolution Minutes
dated the day of , 20.
Agreement
The County of Dallas, State of Texas, has executed this Master Agreement pursuant to
Commissioners Court Order Number and passed on the day of , 20.
(the remainder of this page intentionally left blank)
(signatures appear on the following page)
MCIP MASTER AGREEMENT- 2021 19
CITY/TOWN OF COPPELL
BY
TITLE
DATE
ATTEST
CITY SECRETARY \ ATTORNEY
COUNTY OF DALLAS
Clay Lewis Jenkins, County Judge
DATE
APPROVED AS TO FORM*:
JOHN CREUZOT
DISTRICT ATTORNEY
Jana Prigmore Ferguson
Assistant District Attorney
*By law, the District Attorney's Office may only advise or approve contracts or legal documents on
behalf of its clients. It may not advise or approve a contract or legal document on behalf of other
parties. Our review of this document was conducted solely from the legal perspective of our client.
Our approval of this document was offered solely for the benefit of our client. Other parties should not
rely on this approval, and should seek review and approval by their own respective attorney(s).
MCIP MASTER AGREEMENT- 2021 20
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, APPROVING THE TERMS AND CONDITIONS OF A MASTER INTERLOCAL
AGREEMENT GOVERNING MAJOR CAPITAL IMPROVEMENT PROGRAM, BY
AND BETWEEN DALLAS COUNTY AND THE CITY OF COPPELL, ATTACHED
HERETO AS EXHIBIT "A"; AUTHORIZING ITS EXECUTION BY THE CITY
MANAGER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has been presented with a proposed Master Interlocal
Agreement by and between Dallas County and the City of Coppell, governing capital
transportation improvements to roadways situated within the territorial limits of the City of
Coppell and Dallas County that are in the County Mobility Plan; and
WHEREAS, the Master Interlocal Agreement attached hereto as Exhibit A is consistent
with the authority and purposes of Texas Government Code Chapter 791, relating to Interlocal
Cooperation Agreements; and,
WHEREAS, upon full review and consideration of the Agreement, 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 terms, provisions, and conditions of the Master Interlocal Agreement,
a copy of which is attached hereto as Exhibit "A", be, and the same are, hereby approved.
SECTION 2. That the City Manager is hereby authorized to execute the Master Interlocal
Agreement on behalf of the City; and,
SECTION 3. That this Resolution shall become effective immediately from and after its
passage.
TM 1226241
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas,
on this the day of May 2021.
CITY OF COPPELL, TEXAS
WES MAYS, MAYOR
ATTEST:
ASHLEY OWENS, CITY SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
C',P FE L
File ID: 2021-5717
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5717
Type: Ordinance
Reference:
File Name: PH and Ord - 1-800 Contacts
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Public Hearing
In Control: City Council
File Created: 05/17/2021
Final Action:
Title: PUBLIC HEARING:
Consider approval of an Ordinance designating 1 -800 -Contacts,
Reinvestment Zone No. 112 pursuant to Section 312.201 of the Property
Redevelopment and Tax Abatement Act; and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: 1 -800 -Contacts - PH and Ordinance Memo.pdf, 1-800
Contacts- Public Hearing Notice 2021.pdf,
1 -800 -Contacts - Ordinance.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 2021-5717
Title
PUBLIC HEARING:
Consider approval of an Ordinance designating 1 -800 -Contacts, Reinvestment Zone No. 112
pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act; and
authorizing the Mayor to sign.
Summary
The public hearing notice was published in The Rambler on May 15, 2021. A public hearing is
required to approve an Ordinance that designates the boundaries of a reinvestment zone prior
to the approval of a Tax Abatement Agreement.
Fiscal Impact:
N/A
City of Coppell, Texas Page 1 Printed on 5/21/2021
Master Continued (2021-5717)
Staff Recommendation:
Staff recommends approval
Strategic Pillar Icon:
ireate III'; usuneoo wind Ilhininovatioin Modes
City of Coppell, Texas Page 2 Printed on 5/21/2021
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: May 25, 2021
Reference: Consider approval of an Ordinance designating 1 -800 -Contacts, Reinvestment Zone
No. 112 pursuant to Section 312.201 of the Property Redevelopment and Tax
Abatement Act, and authorizing the Mayor to sign.
2040: Create Business and Innovation Nodes
Executive Summary:
Reinvestment Zone No. 112 is being created for 1 -800 -Contacts at the property located at 180 N.
Freeport Parkway Blvd.
Introduction:
1 -800 -Contacts is a contact lens retailer headquartered in Draper, Utah. Founded in 1995 by
Jonathan Coon and John Nichols, the company has grown and needs to open a 3rd fulfillment center
to keep up with shipping demands. After an extensive search, the company has decided to open that
fulfillment center at 180 N. Freeport Parkway in Coppell.
1 -800 -Contacts will lease approximately 31,000 square feet of space. The company will have over
$7 million in business personal property initially, which includes inventory and tangible personal
property, and they will initially have 20 employees. 1 -800 -Contacts is signing a 7 -year lease at this
location.
In order to grant a tax abatement, a reinvestment zone must be created by ordinance. In order to
create a reinvestment zone by ordinance, a public hearing must be held. This item satisfies both of
those requirements. The public hearing is held to determine if the improvements in the zone are
feasible, practical and of benefit to the land. The ordinance will create Reinvestment Zone No. 112.
Analysis:
The Public Hearing Notice was published in The Rambler on Saturday, May 15, 2021. The public
hearing is for the designation of a reinvestment zone for 1 -800 -Contacts, property described as
described as Lot 2R, Block A of Prologis Park One Twenty One (10.67 acres), located north of Sandy
Lake Road and east of Freeport Parkway.
The tax abatement agreement that coincides with this Reinvestment Zone will be brought forward to
City Council for approval at a later date.
Legal Review:
The documents were created by Pete Smith.
Fiscal Impact:
N/A
Recommendation:
Staff recommends approval.
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF REINVESTMENT ZONE
A PUBLIC HEARING will be conducted by the City Council of the City
of Coppell, Texas, in the Council Chambers, Town Center, 255
Parkway Boulevard, Coppell, Texas on the 25th day of May, 2021, at
7:30 P.M., to consider designation of the property described as
Prologis Park One Twenty One, Lot 2R, Block A (10.67 acres)
located north of Sandy Lake Road and east of Freeport Parkway,
Coppell, Texas, 1 -800 -Contacts, as a Reinvestment Zone under
Chapter 312 of the Texas Property Tax Code.
The Council will seek to determine whether the improvements sought
to be made in the zone are feasible and practical and will be a
benefit to the land included in the zone and to the City after the
expiration of a tax abatement agreement to be entered into
pursuant to Section 312.204 of the Texas Property Tax Code.
At the hearing, interested persons are entitled to speak and
present evidence for or against the designation.
The Rambler on Saturday, May 15, 2021
PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE
& 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 forty-eight (48) hours ahead of
the scheduled program, service, and/or meeting. To make
arrangements, contact Vivyon V. Bowman, ADA Coordinator or other
designated official at (972) 462-0022, or (TDD 1 -800 -RELAY, TX
1-800-735-2989).
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.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 2021 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, DESIGNATING REINVESTMENT
ZONE NO. 112 (1 -800 -CONTACTS); PROVIDING ELIGIBILITY OF THE
ZONE FOR COMMERCIAL -INDUSTRIAL TAX ABATEMENT;
CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE
DESIGNATED AS A REINVESTMENT ZONE AND THE IMPROVEMENTS
SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO
THE LAND AND THE CITY; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING
FOR THE EFFECTIVE DATE OF SAID ORDINANCE.
WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be published
in a newspaper having general circulation in the City and has delivered such notice to the presiding
officer of the governing body of each taxing unit that includes in its boundaries real property described
herein; and
WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing
on the designation of the area described herein as a reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, DALLAS COUNTY, TEXAS:
SECTION 1. That the City Council of the City of Coppell, Texas, finds that the area described
herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention or
expansion of primary employment, or to attract major investment in the zone that will be of benefit to
the property and contribute to the economic development of the City. The City Council further finds
that the improvements sought are feasible and practicable and would be of benefit to the land to be
included in the zone and to the City after the expiration of a tax abatement agreement.
SECTION 2. That pursuant to the provisions of Section 312.201 of the Texas Tax Code, the
real property described in Exhibit "A" and made a part hereof for all purposes is hereby designated as
a reinvestment zone and for identification is assigned the name "Reinvestment Zone No. 112" or "1-
800 -Contacts Zone".
SECTION 3. That the property within Reinvestment Zone No. 112 is eligible for
commercial -industrial tax abatement effective on January 1, 2021.
Page 1
SECTION 4. That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be void or unconstitutional, the same shall not affect
the validity of the remaining portions of said ordinance or as amended hereby, which shall remain in
full force and effect.
SECTION 6. That all ordinances of the City of Coppell in conflict with the provisions of this
ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of
said ordinances not in conflict herewith shall remain in full force and effect.
SECTION 7. That this ordinance shall take effect immediately from and after its passage and
the publication, as the law and charter in such cases provide.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, ON THIS THE DAY OF ,
2021.
Wes Mays, MAYOR
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY
(PGS:4-24-21-20:TM 122076)
Ashley Owens, CITY SECRETARY
Page 2
EXHIBIT "A"
Legal Description for Zone
Lot 2R, Block A of Prologis Park One Twenty One (10.67 acres)
Page 3
Page 4
City of Coppell, Texas
C',P FE L
File ID: 2021-5637
Version: 1
File Name: PH and Ordinance - Printful
Master
File Number: 2021-5637
Type: Ordinance
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Public Hearing
In Control: City Council
File Created: 04/16/2021
Final Action:
Title: PUBLIC HEARING:
Consider approval of an Ordinance designating Printful, Inc. Reinvestment
Zone No. 113 pursuant to Section 312.201 of the Property Redevelopment
and Tax Abatement Act; and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: Printful - PH and Ordinance Memo.pdf, Printful -
Notice of Public Hearing 2021.pdf, Printful -
Ordinance.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 2021-5637
Title
PUBLIC HEARING:
Consider approval of an Ordinance designating Printful, Inc. Reinvestment Zone No. 113
pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act; and
authorizing the Mayor to sign.
Summary
The public hearing notice was published in The Rambler on May 15, 2021. A public hearing is
required to approve an Ordinance that designates the boundaries of a reinvestment zone prior
to the approval of a Tax Abatement Agreement.
Fiscal Impact:
N/A
City of Coppell, Texas Page 1 Printed on 5/21/2021
Master Continued (2021-5637)
Staff Recommendation:
Staff recommends approval
Strategic Pillar Icon:
ireate III'; usuneoo wind Ilhininovatioin Modes
City of Coppell, Texas Page 2 Printed on 5/21/2021
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: May 25, 2021
Reference: Consider approval of an Ordinance designating Printful, Inc., Reinvestment Zone No.
113 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement
Act, and authorizing the Mayor to sign.
2040: Create Business and Innovation Nodes
Executive Summary:
Reinvestment Zone No. 113 is being created for Printful, Inc. at the property located at 217 Wrangler.
Introduction:
Printful, Inc. is an on -demand printing company that was started in North Carolina in 2013. The
company helps online businesses print their custom products under their own brand. Their products
include everything from clothing to accessories to home and living items.
Printful is a global company, and they are looking to open a location in the DFW area. They would
like to lease approximately 115,000 square feet of space at 217 Wrangler Drive in Coppell. The
company will have approximately $14,000,000 in tangible personal property and 120 employees
initially. Their initial lease term will be 74 -months.
In order to grant a tax abatement, a reinvestment zone must be created by ordinance. In order to
create a reinvestment zone by ordinance, a public hearing must be held. This item satisfies both of
those requirements. The public hearing is held to determine if the improvements in the zone are
feasible, practical and of benefit to the land. The ordinance will create Reinvestment Zone No. 113.
Analysis:
The Public Hearing Notice was published in The Rambler on Saturday, May 15, 2021. The public
hearing is for the designation of a reinvestment zone for Printful, Inc., property described as
described as Lot 1, Block C of the Coppell Business Center 3 (7.095 acres), located south of Wrangler
Drive and east of Crestside Drive.
The tax abatement agreement that coincides with this Reinvestment Zone will be brought forward to
City Council for approval at a later date.
Legal Review:
The documents were created by Pete Smith.
Fiscal Impact:
N/A
Recommendation:
Staff recommends approval.
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF REINVESTMENT ZONE
A PUBLIC HEARING will be conducted by the City Council of the City
of Coppell, Texas, in the Council Chambers, Town Center, 255
Parkway Boulevard, Coppell, Texas on the 25th day of May, 2021, at
7:30 P.M., to consider designation of the property described as
Coppell Business Center 3, Lot 1, Block C (7.095 acres) located
south of Wrangler Drive and east of Crestside Drive, Coppell,
Texas, Printful, Inc., as a Reinvestment Zone under Chapter 312 of
the Texas Property Tax Code.
The Council will seek to determine whether the improvements sought
to be made in the zone are feasible and practical and will be a
benefit to the land included in the zone and to the City after the
expiration of a tax abatement agreement to be entered into pursuant
to Section 312.204 of the Texas Property Tax Code.
At the hearing, interested persons are entitled to speak and present
evidence for or against the designation.
The Rambler on Saturday, May 15, 2021
PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE
& 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 forty-eight (48) hours ahead of
the scheduled program, service, and/or meeting. To make
arrangements, contact Vivyon V. Bowman, ADA Coordinator or other
designated official at (972) 462-0022, or (TDD 1 -800 -RELAY, TX
1-800-735-2989).
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.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 2021 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, DESIGNATING REINVESTMENT
ZONE NO. 113 (PRINTFUL); PROVIDING ELIGIBILITY OF THE ZONE
FOR COMMERCIAL -INDUSTRIAL TAX ABATEMENT; CONTAINING
FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A
REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE
FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND
THE CITY; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING
FOR A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE
DATE OF SAID ORDINANCE.
WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be published
in a newspaper having general circulation in the City and has delivered such notice to the presiding
officer of the governing body of each taxing unit that includes in its boundaries real property described
herein; and
WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing
on the designation of the area described herein as a reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, DALLAS COUNTY, TEXAS:
SECTION 1. That the City Council of the City of Coppell, Texas, finds that the area described
herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention or
expansion of primary employment, or to attract major investment in the zone that will be of benefit to
the property and contribute to the economic development of the City. The City Council further finds
that the improvements sought are feasible and practicable and would be of benefit to the land to be
included in the zone and to the City after the expiration of a tax abatement agreement.
SECTION 2. That pursuant to the provisions of Section 312.201 of the Texas Tax Code, the
real property described in Exhibit "A" and made a part hereof for all purposes is hereby designated as
a reinvestment zone and for identification is assigned the name "Reinvestment Zone No. 113" or
"Printful Zone".
SECTION 3. That the property within Reinvestment Zone No. 113 is eligible for
commercial -industrial tax abatement effective on January 1, 2021.
Page 1
SECTION 4. That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be void or unconstitutional, the same shall not affect
the validity of the remaining portions of said ordinance or as amended hereby, which shall remain in
full force and effect.
SECTION 5. That all ordinances of the City of Coppell in conflict with the provisions of this
ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of
said ordinances not in conflict herewith shall remain in full force and effect.
SECTION 6. That this ordinance shall take effect immediately from and after its passage and
the publication, as the law and charter in such cases provide.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, ON THIS THE DAY OF ,
2021.
Wes Mays, MAYOR
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY
(PGS:4-8-21:TM 121699)
Ashley Owens, CITY SECRETARY
Page 2
EXHIBIT "A"
Property Description
Lot 1, Block C of the Coppell Business Center (7.095 acres)
Page 3
EXHIBIT `B"
Tax Abatement Agreement
(To Be Attached)
Page 4
C',P FE L
File ID: 2021-5718
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5718
Type: Resolution
Reference:
File Name: Naterra - Amended and Restated Abatement
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Agenda Ready
In Control: City Council
File Created: 05/17/2021
Final Action:
Title: Consider approval of a Resolution approving an Amended and Restated Tax
Abatement Agreement by and among the City of Coppell and Naterra
International, Inc.; and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: Naterra II Amended and Restated 2021- Memo.pdf,
Naterra II - Resolution.pdf, Naterra II - Amended and
Restated Tax Abatement 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 2021-5718
Title
Consider approval of a Resolution approving an Amended and Restated Tax Abatement
Agreement by and among the City of Coppell and Naterra International, Inc.; and authorizing the
Mayor to sign.
Summary
Naterra International, Inc. is ready to move forward with their second facility in Coppell. The
existing agreement was amended and restated to change the required Commencement of
Construction and the Completion of Construction dates as well as the expiration date of the
agreement. All other terms remained the same. This abatement applies to the tangible
personal property for Naterra International.
Fiscal Impact:
80% annual tax abatement on tangible personal property from the first eligible year of incentive
City of Coppell, Texas Page 1 Printed on 5/21/2021
Master Continued (2021-5718)
through 2028.
Staff Recommendation:
Staff recommends approval.
Strategic Pillar Icon:
ireate III'; iusiiness wind Illininova ioin Modes
City of Coppell, Texas Page 2 Printed on 5/21/2021
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: May 25, 2021
Reference: Consider approval of a Resolution approving an Amended and Restated Tax
Abatement Agreement by and among the City of Coppell and Naterra International,
and authorizing the Mayor to sign.
2030: Create Business and Innovation Nodes
Executive Summary:
City Council approved a tax Abatement agreement for a second facility for Naterra International in
2017. Naterra did not move forward with the construction of their second facility in 2017. They are
now ready to move forward with the construction on that facility. Therefore, the existing tax
abatement agreement, which would be applied to the business personal property, is being amended
to change some of the dates listed in the original agreement.
Introduction:
Since 1923, Naterra International Inc. has been making exceptional quality beauty and skin care
products. Naterra International, Inc. is a leading United States manufacturer and marketer of
beauty, baby care and personal care products. BMSC is a company that specializes in
manufacturing personal care products. BMSC and Naterra International are sister companies that
currently share a 300,000 square foot building located at 1250 Freeport Parkway. They have both
grown rapidly, and the owners are ready to build a second building to house a portion of their
operations. The new building will be approximately 100,000 square feet in size.
The original plan for the second facility began in 2016. On January 10, 2017, City Council
approved a Tax Abatement Agreement for Naterra International that would provide a 10 -year, 80%
abatement on the tangible personal property for the company. That abatement would have started in
2019 with an expiration date in 2028. Naterra did not move forward with the construction of their
second facility in 2017.
Naterra is now ready to move forward with the construction of the second facility. They have
requested to keep their existing abatement. In order to do so, the Commencement of Construction
and Completion of Construction dates need to be amended to allow time for the construction to take
place. The terms of the abatement agreement will still expire in 2028. No other terms of the
agreement will change.
Analysis:
Naterra International will have an abatement on their tangible personal property. The building will
be owned by SFPLP Holdings Management, LLC. Reinvestment Zone No. 110 was created for this
new building on December 13, 2016. One of the resolutions and tax abatements that coincide with
Reinvestment Zone No. 110 will grant an 80% abatement on business personal property for Naterra
International. The abatement will begin the January following the year after they received their
Certificate of Occupancy and will expire with the 2028 tax year.
Legal Review:
The documents were created by Pete Smith.
Fiscal Impact:
N/A
Recommendation:
Staff recommends approval.
RESOLUTION NO.
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE
TERMS AND CONDITIONS OF AN AMENDED AND RESTATED TAX ABATEMENT
AGREEMENT BY AND AMONG THE CITY OF COPPELL, TEXAS, AND NATERRA
INTERNATIONAL, INC.; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Coppell, Texas, and Naterra International, Inc., a Texas Corporation,
entered into that certain Tax Abatement Agreement dated January 10, 2017 (the "Original
Agreement"); and
WHEREAS, the City of Coppell and Naterra International, Inc. desire to amend and restate
the Original Agreement as set forth in the Amended and Restated Tax Abatement Agreement attached
hereto; and
WHEREAS, the City Council has been presented a proposed Amended and Restated Tax
Abatement Agreement by and among the City of Coppell, Texas, and Naterra International, Inc., a
copy of which is attached hereto and incorporated herein by reference; and
WHEREAS, upon full review and consideration of the Agreement, 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 Mayor should be authorized to execute the Amended and Restated Tax
Abatement Agreement on behalf of the City of Coppell, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
SECTION 1. The Amended and Restated Tax Abatement Agreement attached hereto having
been reviewed by the City Council of the City of Coppell, Texas, and 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
Mayor is hereby authorized to execute the Amended and Restated Tax Abatement Agreement on
behalf of the City of Coppell, Texas.
SECTION 2. The Council finds that the improvements proposed to be built upon the
Premises described in the Amended and Restated Tax Abatement Agreement will enhance the
economic vitality of the community through a combination of new capital investment, increased
sales tax revenues, and the creation of additional job opportunities.
1
SECTION 3. The tax abatement to be granted by the Amended and Restated Tax
Abatement Agreement will not include inventory, and supplies.
SECTION 4. The improvements proposed for the Premises will accomplish the tax
abatement guidelines of the City of Coppell, Texas.
SECTION 5. The City Manager delivered to the presiding officer of the governing body
of each taxing unit in which the property subject to the Amended and Restated Tax Abatement
Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the
Amended and Restated Tax Abatement Agreement. The notice given by the City Manager included
a copy of the Amended and Restated Tax Abatement Agreement approved by this Resolution.
SECTION 6. This Resolution and the Amended and Restated Tax Abatement Agreement
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 7. This Resolution shall become effective immediately from and after its
passage.
2
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas,
on this the day of 2021.
CITY OF COPPELL, TEXAS
WES MAYS, MAYOR
ATTEST:
ASHLEY OWENS, CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
EXtURIT "All
(copy of Amended and Restated Tax Abatement Agreement
to be attached)
STATE OF TEXAS § AMENDED AND RESTATED
§ TAX ABATEMENT AGREEMENT
COUNTY OF DALLAS §
This Amended and Restated Tax Abatement Agreement (the "Agreement") is entered into by
and among the City of Coppell, Texas (the "City"), and Naterra International, Inc., a Texas
corporation (the "Lessee") (the City and Lessee collectively referred to as the "Parties" or singularly
as a "Parry"), acting by and through their authorized representatives.
WITNESSETH:
WHEREAS, the Parties previously entered into that certain Tax Abatement Agreement
dated January 10, 2017 (the "Original Agreement"); and
WHEREAS, the Parties desire to amend and restate the Original Agreement; as set forth
herein; and
WHEREAS, the City Council of the City of Coppell, Texas, (the "City Council"), passed an
Ordinance (the "Ordinance") establishing Tax Abatement Reinvestment Zone No. 110 (the "Zone"),
for the real property described in Exhibit "A" (the "Land"), for commercial/industrial tax abatement,
as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax
Code, as amended (the "Tax Code"); and
WHEREAS, the City has adopted guidelines for tax abatement (the "Tax Abatement
Guidelines"); and
WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria
governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code;
and
WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate
in tax abatement; and
WHEREAS, in order to maintain and enhance the commercial and industrial economic and
employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter
into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax
Code; and
WHEREAS, SFPLP Holdings Management LLC is the owner of the Land and intends to
construct a building containing approximately 100,00 square feet of office and
warehouse/distribution space (hereinafter defined as the "Improvements" or the "Leased Premises")
on the Land; and
WHEREAS, Lessee has leased or intends to enter into a lease of the Improvements for a
period of at least ten (10) years (hereinafter defined as the "Lease") and intends to locate Tangible
Personal Property (hereinafter defined) at the Leased Premises; and
PAGEIIIIIllllllllllllllllll AMENDED AND RESTATED TAX ABATEMENT AGREEMENT -BUILDING 2 - BPP
CITY OF COPPELL AND NATERRA INTERNATIONAL INC. (TM 121719 ED. S -LS -21)
WHEREAS, Lessee's development efforts described herein will create permanent new jobs
in the City; and
WHEREAS, the City Council finds that the contemplated use of the Leased Premises
(hereinafter defined), and the contemplated Improvements are consistent with encouraging
development of the Zone in accordance with the purposes for its creation and/or in compliance with
the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other
applicable laws; and
WHEREAS, the City Council finds that the Improvements sought are feasible and
practicable, and would be of benefit to the Premises to be included in the Zone and to the City after
expiration of this Agreement; and
WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the
Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the
Premises are located; and
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for other good and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, including the expansion of primary employment, the attraction of maj or investment in
the Zone, which contributes to the economic development of Coppell and the enhancement of the tax
base in the City, the Parties agree as follows:
Article I
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed to
them:
"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 a 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.
"City" shall mean the City of Coppell, Texas, acting by and through its City Manager, or
designee.
"Effective Date" shall mean the last date of execution of this Agreement.
"Expiration Date" shall mean March 1, 2029.
pAGE1112llllllllllllllll AMENDED AND RESTATED TAx ABATEMENT AGREEMENT - BUILDING 2 - BPP
CITY OF CoPPELL AND NATERRA INTERNATIONAL INC. �TM 121%19 ED. 5-18-21)
"First Year of Abatement" shall mean the calendar year commencing with January 1 of the
calendar year immediately following the date a certificate of occupancy has been issued by City
for occupancy of the leased Premises by Lessee.
"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, adverse weather, government or de facto governmental action (unless caused by acts
or omissions of such Party), fires, explosions or floods, strikes, slowdowns or work stoppages.
"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.
"Goods in Transit" shall have the same meaning assigned by Tax Code, Section 11.253.
"Improvements" or "Leased Premises" shall mean the building containing approximately
100,000 square feet of office and warehouse/distribution space to be constructed on the Land and
other ancillary facilities, such as reasonably required parking and landscaping more fully described in
the submittals filed by Lessee with the City, from time to time, in order to obtain a building permit(s).
"Land" means the real property described in Exhibit "A".
"Lease" shall mean Lessee's lease of the Leased Premises for a period of ten (10) years
commencing on the First Year of Abatement.
"Lessee" shall mean Naterra International, Inc., a Texas corporation.
"Related Agreement" shall mean any agreement, other than this Agreement, by and
between the City and the Lessee, its parent company, and any affiliated or related entity controlled
or owned by Lessee, or its parent company.
"Required Use" shall mean Lessee's continuous occupancy of the Leased Premises and the
continuous operation of an office and warehouse/distribution for health and beauty care products
at the Leased Premises.
"Tangible Personal Property" shall mean furniture, fixtures and equipment owned or
leased by Lessee and located at the Improvements, subsequent to the execution of this Agreement.
Tangible Personal Property shall not include inventory, Freeport Goods and Goods in Transit
located at the Leased Premises.
"Taxable Value" means the appraised value as certified by the Appraisal District as of
January 1 of a given year.
PAGE11131IIIIIIIIIIIIIII AMENDED AND RESTATED TAX ABATEMENT AGREEMENT -BUILDING 2 -
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CITY OF COPPELL AND NATERRA INTERNATIONAL INC. (TM 121719 ED. 5 -Ig -21)
Article II
General Provisions
2.1 Lessee has or intends to enter into the Lease to locate and maintain Tangible Personal
Property at the Leased Premises following the Lessee's occupancy thereof.
2.2 The Premises are not in an improvement project financed by tax increment bonds.
2.3 This Agreement is entered into subject to the rights of the holders of outstanding
bonds of the City.
2.4 The Leased Premises are not owned or leased by any member of the Coppell City
Council or any member of the Coppell Planning and Zoning Commission, or any member of the
governing body of any taxing units joining in or adopting this Agreement.
2.5 Lessee shall, before May 1, of each calendar year that the Agreement is in effect,
certify in writing to the City that Lessee is in compliance with each term of the Agreement.
2.6 The Leased Premises at all times shall be used in the manner (i) that is consistent with
the City's Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are
abated hereunder, is consistent with the general purposes of encouraging development or
redevelopment within the Zone.
Article III
Tax Abatement Authorized
3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax
Abatement Guidelines, and approved by resolution of the City Council.
3.2 Subject to the terms and conditions of this Agreement and provided the Taxable
Value for the Tangible Personal Property is at least Two Million Dollars ($2,000,000.00) (the
"Minimum Taxable Value") as of the First Year of Abatement and as of January 1 of each tax year
subject to abatement, the City hereby grants Lessee an abatement of eighty percent (80%) for the
Tangible Personal Property for the First Year of Abatement through and including tax year 2028.
The actual percentage of Taxable Value of the Tangible Personal Property subject to abatement for
each tax year as provided by this Agreement will apply only to the Tangible Personal Property
located at the Leased Premises subsequent to the execution of the Original Agreement. The failure
of the Tangible Personal Property to have the Minimum Taxable Value as of as of any given Tax
Year shall not be an event of default subject to termination and repayment of the abated taxes
pursuant to Article V hereof but shall result in the forfeiture of the tax abatement for the Tangible
Personal Property for such Tax Year.
3.3 The period of tax abatement herein authorized shall be the First Year of Abatement
through and including tax year 2028.
PAGE111141IIIIIIIIIIIIIII AMENDED AND RESTATED TAX ABATEMENT AGREEMENT -BUILDING 2 -
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CITY OF CoPPELL AND NATERRA INTERNATIONAL INC. (TM 121719 ED. 5 -Ig -21)
3.4 During the period of tax abatement herein authorized, Lessee shall be subject to all
taxation not abated, including but not limited to, sales tax and ad valorem taxation on inventory.
3.5 Lessee agrees, subject to events of Force Majeure, to continuously lease (or own)
and occupy the Leased Premises during the term of this Agreement.
3.6 During the term of this Agreement beginning with the First Year of Abatement the
Leased Premises shall not be used for any purpose other than the Required Use and the operation
and occupancy of the Leased Premises in conformance with the Required Use shall not cease for
more than thirty (30) days except in connection with and to the extent of an event of Force
Maj eure.
3.7 The term of this Agreement shall begin on the Effective Date and shall continue
until the Expiration Date, unless sooner terminated as provided herein.
Article IV
Improvements
4.1 Lessee has leased, or intends to enter into the Lease, and locate Tangible Personal
Property at the Leased Premises. Nothing in this Agreement shall obligate Lessee to enter into the
Lease, or to locate Tangible Personal Property at the Leased Premises, but said actions are conditions
precedent to tax abatement pursuant to this Agreement.
4.2 Lessee agrees to maintain the Leased Premises during the term of this Agreement in
accordance with all applicable state and local laws, codes, and regulations.
4.3 The City, its agents and employees shall have the right of access to the Leased
Premises at reasonable times and with reasonable notice to Lessee, and in accordance with visitor
access and security policies of the Lessee, in order to ensure that the construction of the
Improvements are in accordance with this Agreement and all applicable state and local laws and
regulations (or valid waiver thereof).
Article V
Default: Recapture of Tax Revenue
5.1 In the event the Lessee: (i) fails to enter the Lease in accordance with this Agreement;
(ii) has delinquent ad valorem or sales taxes owed to the City (provided Lessee retains its right to
timely and properly protest such taxes or assessment); (iii) suffers an event of `Bankruptcy or
Insolvency"; or (iv) breaches any of the terms and conditions of this Agreement or a Related
Agreement, then Lessee after the expiration of the notice and cure periods described below, shall be
in default of this Agreement. As liquidated damages in the event of such default, the Lessee shall,
within thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid
by the Lessee to the City without benefit of a tax abatement, for the property the subject of this
Agreement at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code,
as amended, but without penalty. The Parties acknowledge that actual damages in the event of
default termination would be speculative and difficult to determine. The Parties further agree that any
pAGEIIIISIIIIIIIIIIIIIIII AMENDED AND RESTATED TAx ABATEMENT AGREEMENT - BUILDING 2 -BP
CITY OF COPPELL AND NATERRA INTERNATIONAL INC. (TM 121719 ED. 5-18-21)
abated tax, including interest, as a result of this Agreement, shall be recoverable against the Lessee,
its successors and assigns and shall constitute a tax lien against the Tangible Personal Property, and
shall become due, owing and shall be paid to the City within thirty (30) days after notice of
termination.
5.2 Upon breach by Lessee of any of the obligations under this Agreement, the City shall
notify Lessee in writing, which shall have thirty (30) days from receipt of the notice in which to cure
any such default. If the default cannot reasonably be cured within such 30 -day period, and Lessee has
diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City
may extend the period in which the default must be cured.
5.3 If Lessee fails to cure the default within the time provided as specified above or, as
such time period may be extended, the City, at its sole option, shall have the right to terminate this
Agreement by providing written notice to Lessee.
5.4 Upon termination of this Agreement by City, all tax abated as a result of this
Agreement, shall become a debt to the City as liquidated damages, and shall become due and payable
not later than thirty (30) days after a notice of termination is provided. The City shall have all
remedies for the collection of the abated tax provided generally in the Tax Code for the collection of
delinquent property tax. The City at its sole discretion has the option to provide a repayment
schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon
the full Taxable Value of the Tangible Personal Property without tax abatement for the years in which
tax abatement hereunder was received by Lessee, as determined by the Appraisal District, multiplied
by the tax rate of the years in question, as calculated by the City Tax Assessor -Collector. The
liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to
accrue after expiration of the thirty (30) day payment period.
Article VI
Annual Application for Tax Exemption
It shall be the responsibility of Lessee pursuant to the Tax Code, to file an annual exemption
application form with the Chief Appraiser for the appraisal district for the Tangible Personal
Property. A copy of the exemption application shall be submitted to the City upon request.
Article VII
Annual Rendition
Lessee shall annually render the value of the Tangible Personal Property to the Appraisal
District and provide a copy of the same to the City upon written request.
Article VIII
Miscellaneous
8.1 Notice. All notices required by this Agreement shall be addressed to the following, or
other such other Party or address as either party designates in writing, by certified mail, postage
prepaid, or by hand or overnight delivery:
PAGEIIIICIIIIIIIIIIIIIIII AMENDED AND RESTATED TAX ABATEMENT AGREEMENT -BUILDING 2 -
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CITY OF COPPELL AND NATERRA INTERNATIONAL INC. (TM 121719 ED. 5 -Ig -21)
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
If intended for Lessee:
Attn: Jin K. Song,
Chief Executive Officer
Naterra International, Inc.
1200 Lakeside Parkway
Building 3, Suite 300
Flower Mound, Texas 75028
With a copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Ross Tower
500 North Akard
Dallas, Texas 75201
8.2 Authorization. This Agreement was authorized by resolution of the City Council.
8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or word
herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be
enforceable and shall be read as if the Parties intended at all times to delete said invalid section,
subsection, paragraph, sentence, phrase or word.
8.4 Governing Law. This Agreement governed by the laws of the State of Texas. Venue
for any action under this Agreement shall be the State District Court of Dallas County, Texas. The
Parties agree to submit to the personal and subject matter jurisdiction of said court.
8.5 Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
8.6 Entire Agreement. This Agreement embodies the complete agreement of the Parties
hereto, superseding all oral or written previous and contemporary agreements between the Parties and
relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified
without written agreement of the Parties to be attached to and made a part of this Agreement.
8.7 Recitals. The determinations recited and declared in the preambles to this Agreement
are hereby incorporated herein as part of this Agreement.
8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
8.9 Employment of Undocumented Workers. During the term of this Agreement
Lessee agrees not to knowingly employ any undocumented workers and if convicted of a violation
under 8 U.S.C. Section 1324a (f), such Lessee shall repay the amount of the abated taxes pursuant
pAGEllll7llllllllllllllll AMENDED AND RESTATED TAx ABATEMENT AGREEMENT - BUILDING 2 - BPP
CITY OF CoPPELL AND NATERRA INTERNATIONAL INC. �TM 121719 ED. 5-18-21)
to this Agreement as of the date of such violation within one hundred twenty (120) days after the
date such Lessee 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. Lessee is not liable for a violation of
this section by a subsidiary, affiliate, tenant or franchisee of the Lessee or by a person with whom
such Lessee contracts.
8.10 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.
8.11 Successor and Assigns. This Agreement shall be binding on and inure to the
benefit of the Parties and their respective heirs, executors, administrators, legal representatives,
successors and permitted assigns. This Agreement may not be assigned without the prior written
consent of the City Manager.
8.12 Right of Offset. The City may at its option, offset any amounts due and payable
under this Agreement against any debt (including taxes) lawfully due to the City from the Lessee,
regardless of whether the amount due arises pursuant to the terms of this Agreement, a Related
Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to
judgment by a court.
[Signature Page to Follow]
PAGEIIIIHIIIIIIIIIIIIIIII AMENDED AND RESTATED TAX ABATEMENT AGREEMENT -BUILDING 2 -
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CITY OF COPPELL AND NATERRA INTERNATIONAL INC. (TM 121719 ED. S -Ig -21)
EXECUTED in duplicate originals the day of , 2021.
Approved as to Form:
IM
City Attorney
CITY OF COPPELL, TEXAS
By:
Wes Mays, Mayor
Attest:
an
Ashley Owens, City Secretary
EXECUTED in duplicate originals the day of , 2021.
NATERRA INTERNATIONAL, INC.
Jin K. Song, Chief Executive Officer
pAGEllll9llllllllllllllll AMENDED AND RESTATED TAx ABATEMENT AGREEMENT - BUILDING 2 - BPP
CITY OF CoPPELL AND NATERRA INTERNATIONAL INC. �TM 121%19 ED. 5-18-21)
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CITY OF COPPELL AND NATERRA INTERNATIONAL INC. (TM 121719)
C',P FE L
File ID: 2021-5720
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5720
Type: Resolution
Reference:
File Name: SFPLP - Amended and Restated Tax Abatement
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Agenda Ready
In Control: City Council
File Created: 05/17/2021
Final Action:
Title: Consider approval of a Resolution approving an Amended and Restated Tax
Abatement Agreement by and among the City of Coppell and SFPLP
Holdings Management, LLC; and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: SFPLP Amended and Restated 2021- Memo.pdf,
SFPLP - Resolution.pdf, SFPLP Amended and
Restated Tax Abatement 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 2021-5720
Title
Consider approval of a Resolution approving an Amended and Restated Tax Abatement
Agreement by and among the City of Coppell and SFPLP Holdings Management, LLC; and
authorizing the Mayor to sign.
Summary
Naterra International is ready to move forward with their second facility in Coppell. The existing
agreement was amended and restated to change the required Commencement of Construction
and the Completion of Construction dates as well as the expiration date of the agreement. All
other terms remained the same. This abatement applies to the real property for SFPLP and
Naterra International.
Fiscal Impact:
City of Coppell, Texas Page 1 Printed on 5/21/2021
Master Continued (2021-5720)
80% annual tax abatement on real property from the first eligible year of the incentive through
2028.
Staff Recommendation:
Staff recommends approval.
Strategic Pillar Icon:
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City of Coppell, Texas Page 2 Printed on 5/21/2021
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: May 25, 2021
Reference: Consider approval of a Resolution approving an Amended and Restated Tax
Abatement Agreement between the City of Coppell and SFPLP Holdings
Management LLC, and authorizing the Mayor to sign.
2040: Create Business and Innovation Nodes
Executive Summary:
City Council approved a real property tax abatement agreement for a second facility for Naterra
International in 2017. SFPLP Holdings Management LLC would own that building; therefore, the
real property tax abatement was between the City of Coppell and SFPLP Holdings Management
LLC. Naterra did not move forward with the construction of their second facility in 2017. They are
now ready to move forward with the construction on that facility. Therefore, the existing real
property tax bbatement agreement is being amended to change some of the dates listed in the
original agreement.
Introduction:
Since 1923, Naterra International Inc. has been making exceptional quality beauty and skin care
products. Naterra International, Inc. is a leading United States manufacturer and marketer of
beauty, baby care and personal care products. Beauty Manufacturing Solutions Corporation
(BMSC) is a company that specializes in manufacturing personal care products. BMSC and Naterra
International are sister companies that currently share a 300,000 square foot building located at
1250 Freeport Parkway. They have both grown rapidly, and the owners are ready to build a second
building to house a portion of their operations. The new building will be approximately 100,000
square feet in size.
The second facility was originally going to be constructed in 2017. SFPLP Holdings Management
LLC would own the real property that Naterra would occupy. On January 10, 2017, City Council
approved a tax abatement agreement for SFPLP Holdings Management LLC that would provide a
10 -year, 80% abatement on the real property. That abatement was originally slated to begin in 2019
and would last for a duration of 10 years. It would have expired in 2028, which would have
encompassed the 2028 tax year. Naterra did not move forward with the construction of their second
facility in 2017.
Naterra is now ready to move forward with the construction of the second facility. The request has
been made to keep the existring abatement. The existing abatement had Commencement of
Construction and Completion of Construction dates that have already passed. Therefore, the
existing abatement agreement needs to be amended to revise these required dates to allow for the
construction of the building. The abatement will still expire in 2028, which means the duration of
the agreement will depend on the completion of construction of the building. No other terms of the
agreement will change.
Analysis:
Naterra International and BMSC will move a portion of their operations to the new building. The
building will be owned by SFPLP Holdings Management, LLC. Reinvestment Zone No. 110 was
created for this new building on December 13, 2016. This resolution and amended and restated tax
abatement agreement coincides with Reinvestment Zone No. 110, and it will an 80% abatement on
the real property for SFPLP Holdings Management LLC through the 2028 tax year.
Legal Review:
The documents were created by Pete Smith.
Fiscal Impact:
N/A
Recommendation:
Economic Development recommends approval.
RESOLUTION NO.
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE
TERMS AND CONDITIONS OF AN AMENDED AND RESTATED TAX ABATEMENT
AGREEMENT BY AND AMONG THE CITY OF COPPELL, TEXAS, AND SFPLP
HOLDINGS MANAGEMENT LLC; AUTHORIZING ITS EXECUTION BY THE MAYOR;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Coppell, Texas, and SFPLP Holdings Management LLC, a Texas
limited liability company, entered into that certain Tax Abatement Agreement dated January 10, 2017
(the "Original Agreement"); and
WHEREAS, the City of Coppell and SFPLP Holdings Management LLC desire to amend
and restate the Original Agreement as set forth in the Amended and Restated Tax Abatement
Agreement attached hereto; and
WHEREAS, the City Council has been presented a proposed Amended and Restated Tax
Abatement Agreement by and among the City of Coppell, Texas, and SFPLP Holdings Management
LLC, a copy of which is attached hereto and incorporated herein by reference; and
WHEREAS, upon full review and consideration of the Agreement, 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 Mayor should be authorized to execute the Amended and Restated Tax
Abatement Agreement on behalf of the City of Coppell, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
SECTION 1. The Amended and Restated Tax Abatement Agreement attached hereto having
been reviewed by the City Council of the City of Coppell, Texas, and 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
Mayor is hereby authorized to execute the Amended and Restated Tax Abatement Agreement on
behalf of the City of Coppell, Texas.
SECTION 2. The Council finds that the improvements proposed to be built upon the
Premises described in the Amended and Restated Tax Abatement Agreement will enhance the
economic vitality of the community through a combination of new capital investment, increased
sales tax revenues, and the creation of additional job opportunities.
1
SECTION 3. The tax abatement to be granted by the Amended and Restated Tax
Abatement Agreement will not include inventory, and supplies.
SECTION 4. The improvements proposed for the Premises will accomplish the tax
abatement guidelines of the City of Coppell, Texas.
SECTION 5. The City Manager delivered to the presiding officer of the governing body
of each taxing unit in which the property subject to the Amended and Restated Tax Abatement
Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the
Amended and Restated Tax Abatement Agreement. The notice given by the City Manager included
a copy of the Amended and Restated Tax Abatement Agreement approved by this Resolution.
SECTION 6. This Resolution and the Amended and Restated Tax Abatement Agreement
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 7. This Resolution shall become effective immediately from and after its
passage.
2
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas,
on this the day of 2021.
CITY OF COPPELL, TEXAS
WES MAYS, MAYOR
ATTEST:
ASHLEY OWENS, CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
EXtURIT "All
(copy of Amended and Restated Tax Abatement Agreement
to be attached)
STATE OF TEXAS § AMENDED AND RESTATED
§ TAX ABATEMENT AGREEMENT
COUNTY OF DALLAS §
This Amended and Restated Tax Abatement Agreement (the "Agreement") is entered into by
and among the City of Coppell, Texas (the "City"), and SFPLP Holdings Management LLC, a Texas
limited liability company (collectively, the "Owner") (the City and Owner collectively referred to as
the "Parties" or singularly as a "Party"), acting by and through their authorized representatives.
WITNESSETH:
WHEREAS, the Parties previously entered into that certain Tax Abatement Agreement
dated January 10, 2017 (the "Original Agreement"); and
WHEREAS, the Parties desire to amend and restate the Original Agreement as set forth
herein; and
WHEREAS, the City Council of the City of Coppell, Texas, (the "City Council"), passed an
Ordinance (the "Ordinance") establishing Tax Abatement Reinvestment Zone No. 110 (the "Zone"),
for the real property described in Exhibit "A" (the "Land"), for commercial/industrial tax abatement,
as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax
Code, as amended (the "Tax Code"); and
WHEREAS, the City has adopted guidelines for tax abatement (the "Tax Abatement
Guidelines"); and
WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria
governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code;
and
WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate
in tax abatement; and
WHEREAS, in order to maintain and enhance the commercial and industrial economic and
employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter
into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax
Code; and
WHEREAS, Owner owns or is under contract to purchase land in the Coppell, Texas,
described in Exhibit "A" ("Land"), and intends to construct a building containing approximately
100,000 square feet of office and warehouse/distribution space (hereinafter defined as the
"Improvements") on the Land; and
WHEREAS, Owner's development efforts described herein will create permanent new jobs
in the City; and
PAGEIIIIIllllllllllllllllll AMENDED AND RESTATED TAX ABATEMENT AGREEMENT -BUILDING 2 -IMPROVEMENTS
CITY OF COPPELL AND SFPI HOLDINGS MANAGEMENT LLC (TM 121733 ED. 5_19_2 1)
WHEREAS, the City Council finds that the contemplated use of the Premises (hereinafter
defined), and the contemplated Improvements are consistent with encouraging development of the
Zone in accordance with the purposes for its creation and/or in compliance with the Tax Abatement
Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and
WHEREAS, the City Council finds that the Improvements sought are feasible and
practicable, and would be of benefit to the Premises to be included in the Zone and to the City after
expiration of this Agreement; and
WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the
Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the
Premises are located; and
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for other good and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, including the expansion of primary employment, the attraction of maj or investment in
the Zone, which contributes to the economic development of Coppell and the enhancement of the tax
base in the City, the Parties agree as follows:
Article I
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed to
them:
"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 a 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 Taxable Value" shall mean the Taxable Value for the Land for the year in
which this Agreement is executed (2016).
"City" shall mean the City of Coppell, Texas, acting by and through its City Manager, or
designee.
"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 on the Land pursuant to the respective plans therefore having
been issued by all applicable governmental authorities; and (iii) grading of the Land or the
construction of the vertical elements of the Improvements has commenced.
PAGEIIIZIIIIIIIIIIIIIIII AMENDED AND RESTATED TAX ABATEMENT AGREEMENT - BUILDING 2 -IMPROVEMENTS
CITY OF COPPELL AND SFPI HOLDINGS MANAGEMENT LLC (TM 121733 ED. 5_19_2 1)
"Completion of Construction" shall mean: (i) substantial completion of the Improvements;
and (ii) a final certificate of occupancy has been issued for the occupancy of the Improvements.
"Effective Date" shall mean the last date of execution of this Agreement.
"Expiration Date" shall mean March 1, 2029.
"First Year of Abatement" shall mean the calendar year commencing with January 1 of the
calendar year immediately following the date of Completion of Construction of the Improvements.
"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, adverse weather, government or de facto governmental action (unless caused by acts
or omissions of such Party), fires, explosions or floods, strikes, slowdowns or work stoppages.
"Improvements" shall mean the building containing approximately 100,000 square feet of
office and warehouse/distribution space to be constructed 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).
"Land" means the real property described in Exhibit "A".
"Owner" shall mean SFPLP Holdings Management LLC, a Texas limited liability company.
"Premises" shall collectively mean the Improvements and the Land.
"Related Agreement" shall mean any agreement, other than this Agreement, by and
between the City and the Owner, its parent company, and any affiliated or related entity controlled
or owned by Owner, or its parent company.
"Taxable Value" means the appraised value as certified by the Appraisal District as of
January 1 of a given year.
Article II
General Provisions
2.1 Owner is the owner of the Land, or is under contract to purchase the Land, which
Land is located within the city limits of the City and within the Zone. Owner intends to construct, or
cause to be constructed, the Improvements on the Land.
2.2 The Premises are not in an improvement project financed by tax increment bonds.
2.3 This Agreement is entered into subject to the rights of the holders of outstanding
bonds of the City.
PAGE11131IIIIIIIIIIIIIII AMENDED AND RESTATED TAX ABATEMENT AGREEMENT -BUILDING 2 -IMPROVEMENTS
CITY OF COPPELL AND SFPI HOLDINGS MANAGEMENT LLC (TM 121733 ED. 5-19-21)
2.4 The Premises are not owned or leased by any member of the Coppell City Council or
any member of the Coppell Planning and Zoning Commission, or any member of the governing body
of any taxing units joining in or adopting this Agreement.
2.5 Owner shall, before May 1, of each calendar year that the Agreement is in effect,
certify in writing to the City that Owner is in compliance with each term of the Agreement.
2.6 The Premises at all times shall be used in the manner (i) that is consistent with the
City's Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are
abated hereunder, is consistent with the general purposes of encouraging development or
redevelopment within the Zone.
Article III
Tax Abatement Authorized
3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax
Abatement Guidelines, and approved by resolution of the City Council.
3.2 Subject to the terms and conditions of this Agreement and provided the Taxable
Value for the Improvements, excluding the Land, is at least Ten Million Dollars ($10,000,000.00),
(the "Minimum Taxable Value") as of the First Year of Abatement and as of January 1 of each tax
year subj ect to abatement, the City hereby grants Owner an abatement of eighty percent (80%) for the
Improvements for the First Year of Abatement through and including tax year 2028. The actual
percentage of Taxable Value of the Improvements subject to abatement for each tax year as
provided by this Agreement will apply only to the Improvements subsequent to the execution of
the Original Agreement. The failure of the Improvements to have the Minimum Taxable Value as
of as of any given Tax Year shall not be an event of default subject to termination and repayment
of the abated taxes pursuant to Article V hereof but shall result in the forfeiture of the tax
abatement for the Improvements for such Tax Year.
3.3 The period of tax abatement herein authorized shall be the First Year of Abatement
through and including tax year 2028.
3.4 During the period of tax abatement herein authorized, Owner shall be subject to all
taxation not abated, including but not limited to, sales tax and ad valorem taxation on Land.
3.5 The term of this Agreement shall begin on the Effective Date and shall continue
until the Expiration Date, unless sooner terminated as provided herein.
PAGE111141IIIIIIIIIIIIIII AMENDED AND RESTATED TAX ABATEMENT AGREEMENT -BUILDING 2 -IMPROVEMENTS
CITY OF COPPELL AND SFPI HOLDINGS MANAGEMENT LLC (TM 121733 ED. 5-19-21)
Article IV
Improvements
4.1 Owner owns or is under contract to purchase the Land and intends to construct or
cause to be constructed thereon the Improvements. Nothing in this Agreement shall obligate Owner
to construct the Improvements on the Land, but said actions are conditions precedent to tax abatement
pursuant to this Agreement.
4.2 As a condition precedent to the initiation of the Owner's tax abatement pursuant to
this Agreement, Owner agrees, subject to events of Force Majeure, to cause Commencement of
Construction of the Improvements to occur on or before December 31, 2021, and subject to events of
Force Majeure to cause Completion of Construction of the Improvements to occur on or before
December 31, 2024, as good and valuable consideration for this Agreement, and that all construction
of the Improvements will be in accordance with all applicable state and local laws, codes, and
regulations (or valid waiver thereof).
4.3 Construction plans for the Improvements constructed on the Land will be filed with
the City, which shall be deemed to be incorporated by reference herein and made a part hereof for all
purposes.
4.4 Owner agrees to maintain the Improvements during the term of this Agreement in
accordance with all applicable state and local laws, codes, and regulations.
4.5 The City, its agents and employees shall have the right of access to the Premises
during and following construction to inspect the Improvements at reasonable times and with
reasonable notice to Owner, and in accordance with visitor access and security policies of the Owner,
in order to ensure that the construction of the Improvements are in accordance with this Agreement
and all applicable state and local laws and regulations (or valid waiver thereof).
Article V
Default: Recapture of Tax Revenue
5.1 In the event the Owner: (i) fails to cause Commencement or Completion of
Construction of the Improvements in accordance with this Agreement; (ii) has delinquent ad valorem
or sales taxes owed to the City (provided Owner retains its right to timely and properly protest such
taxes or assessment); (iii) suffers an event of `Bankruptcy or Insolvency"; or (iv) breaches any of the
terms and conditions of this Agreement or a Related Agreement, then Owner after the expiration of
the notice and cure periods described below, shall be in default of this Agreement. As liquidated
damages in the event of such default, the Owner shall, within thirty (30) days after demand, pay to the
City all taxes which otherwise would have been paid by the Owner to the City without benefit of a tax
abatement, for the property the subject of this Agreement at the statutory rate for delinquent taxes as
determined by Section 33.01 of the Tax Code, as amended, but without penalty. The Parties
acknowledge that actual damages in the event of default termination would be speculative and
difficult to determine. The Parties further agree that any abated tax, including interest, as a result of
this Agreement, shall be recoverable against the Owner, its successors and assigns and shall
PAGEIIIISIIIIIIIIIIIIIIII AMENDED AND RESTATED TAX ABATEMENT AGREEMENT - BUILDING 2 -IMPROVEMENTS
CITY OF COPPELL AND SFPI HOLDINGS MANAGEMENT LLC (TM 121733 ED. 5_19_2 1)
constitute a tax lien against the Premises, and shall become due, owing and shall be paid to the City
within thirty (30) days after notice of termination.
5.2 Upon breach by Owner of any of the obligations under this Agreement, the City shall
notify Owner in writing, which shall have thirty (30) days from receipt of the notice in which to cure
any such default. If the default cannot reasonably be cured within such 30 -day period, and Owner has
diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City
may extend the period in which the default must be cured.
5.3 If Owner fails to cure the default within the time provided as specified above or, as
such time period may be extended, the City, at its sole option, shall have the right to terminate this
Agreement by providing written notice to Owner.
5.4 Upon termination of this Agreement by City, all tax abated as a result of this
Agreement, shall become a debt to the City as liquidated damages, and shall become due and payable
not later than thirty (30) days after a notice of termination is provided. The City shall have all
remedies for the collection of the abated tax provided generally in the Tax Code for the collection of
delinquent property tax. The City at its sole discretion has the option to provide a repayment
schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon
the full Taxable Value of the Improvements without tax abatement for the years in which tax
abatement hereunder was received by Owner, as determined by the Appraisal District, multiplied by
the tax rate of the years in question, as calculated by the City Tax Assessor -Collector. The liquidated
damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after
expiration of the thirty (30) day payment period.
Article VI
Annual Application for Tax Exemption
It shall be the responsibility of Owner pursuant to the Tax Code, to file an annual exemption
application form with the Chief Appraiser for the appraisal district for the Improvements. A copy of
the exemption application shall be submitted to the City upon request.
Article VII
Annual Rendition
Owner shall annually render the value of the Improvements to the Appraisal District and
provide a copy of the same to the City upon written request.
Article VIII
Miscellaneous
8.1 Notice. All notices required by this Agreement shall be addressed to the following, or
other such other Party or address as either party designates in writing, by certified mail, postage
prepaid, or by hand or overnight delivery:
PAGEIIIICIIIIIIIIIIIIIIII AMENDED AND RESTATED TAX ABATEMENT AGREEMENT - BUILDING 2 -IMPROVEMENTS
CITY OF COPPELL AND SFPI HOLDINGS MANAGEMENT LLC (TM 121733 ED. 5_19_2 1)
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
If intended for Owner:
Attn: Jin K. Song,
Manager
SFPLP Holdings Management LLC
1250 Freeport Parkway
Coppell, Texas 75019
With a copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Ross Tower
500 North Akard
Dallas, Texas 75201
8.2 Authorization. This Agreement was authorized by resolution of the City Council.
8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or word
herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be
enforceable and shall be read as if the Parties intended at all times to delete said invalid section,
subsection, paragraph, sentence, phrase or word.
8.4 Governing Law. This Agreement governed by the laws of the State of Texas. Venue
for any action under this Agreement shall be the State District Court of Dallas County, Texas. The
Parties agree to submit to the personal and subject matter jurisdiction of said court.
8.5 Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
8.6 Entire Agreement. This Agreement embodies the complete agreement of the Parties
hereto, superseding all oral or written previous and contemporary agreements between the Parties and
relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified
without written agreement of the Parties to be attached to and made a part of this Agreement.
8.7 Recitals. The determinations recited and declared in the preambles to this Agreement
are hereby incorporated herein as part of this Agreement.
8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
8.9 Employment of Undocumented Workers. During the term of this Agreement
Owner agrees not to knowingly employ any undocumented workers and if convicted of a violation
under 8 U.S.C. Section 1324a (f), such Owner shall repay the amount of the abated taxes pursuant
to this Agreement as of the date of such violation within one hundred twenty (120) days after the
date such Owner is notified by City of such violation, plus interest at the rate of four percent (4%)
PAGE111171IIIIIIIIIIIIIII AMENDED AND RESTATED TAX ABATEMENT AGREEMENT - BUILDING 2 -IMPROVEMENTS
CITY OF COPPELL AND SFPI HOLDINGS MANAGEMENT LLC (TM 121733 ED. 5_19_2 1)
compounded annually from the date of violation until paid. Owner is not liable for a violation of
this section by a subsidiary, affiliate, tenant or franchisee of the Owner or by a person with whom
such Owner contracts.
8.10 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.
8.11 Successor and Assigns. This Agreement shall be binding on and inure to the
benefit of the Parties and their respective heirs, executors, administrators, legal representatives,
successors and permitted assigns. This Agreement may not be assigned without the prior written
consent of the City Manager.
8.12 Right of Offset. The City may at its option, offset any amounts due and payable
under this Agreement against any debt (including taxes) lawfully due to the City from the Owner,
regardless of whether the amount due arises pursuant to the terms of this Agreement, a Related
Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to
judgment by a court.
[Signature Page to Follow]
PAGEIIIIHIIIIIIIIIIIIIIII AMENDED AND RESTATED TAX ABATEMENT AGREEMENT - BUILDING 2 -IMPROVEMENTS
CITY OF COPPELL AND SFPI HOLDINGS MANAGEMENT LLC (TM 121733 ED. 5_19_2 1)
EXECUTED in duplicate originals the day of , 2021.
Approved as to Form:
IM
City Attorney
CITY OF COPPELL, TEXAS
By:
Wes Mays, Mayor
Attest:
an
Ashley Owens, City Secretary
EXECUTED in duplicate originals the day of , 2021.
SFPLP HOLDINGS MANAGEMENT LLC
Jin K. Song, Manager
PAGE111191IIIIIIIIIIIIIII AMENDED AND RESTATED TAX ABATEMENT AGREEMENT - BUILDING 2 -IMPROVEMENTS
CITY OF COPPELL AND SFPI P HOLDINGS MANAGEMENT LLC (TM 121733 ED. 5_19_2 1)
EXHIBIT "A"
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CITY OF COPPELL AND SFPLP HOLDINGS MANAGEMENT LLC (TM 121733)
City of Coppell, Texas
C',P FE L
File ID: 2021-5715
Version: 1
File Name: Mayor and CC Reports
Master
File Number: 2021-5715
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:
05/17/2021
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 2021-5715
Title
Report by the City Council on recent and upcoming events.
Summary
City of Coppell, Texas Page 1 Printed on 5/21/2021
C',P FE L
File ID: 2021-5716
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5716
Type: Agenda Item
Reference:
=ile Name: CC Committee Reports 5/25/21
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Council Committee
Re po its
In Control:
City Council
File Created:
05/17/2021
Final Action:
Title: A. Report on Woven Health Clinic - Mayor Pro Tem Mark Hill
B. Report on Metrocrest Services - Councilmember Biju Mathew
Notes:
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 2021-5716
Title
A. Report on Woven Health Clinic - Mayor Pro Tem Mark Hill
B. Report on Metrocrest Services - Councilmember Biju Mathew
Summary
City of Coppell, Texas Page 1 Printed on 5/21/2021