CP 2021-06-08o I'll""'
COFFELL
Tuesday, June 8, 2021
City of Coppell, Texas
Meeting Agenda
City Council
5:30 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 6/4/2021
City Council Meeting Agenda June 8, 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:
Call to Order
Executive Session (Closed to the Public) 1st Floor Conference Room
Section 551.071, Texas Government Code - Consultation with City Attorney.
A. Seek Legal Advice from City Attorney regarding Texas Administrative
Code Rule 3.334, concerning local sales and use taxes.
B. Seek Legal Advice from City Attorney regarding accessory structures
under Zoning and Building Codes.
Section 551.087, Texas Government Code - Economic Development Negotiations.
C. Discussion regarding economic development prospects south of Dividend
Drive and west of Belt Line Road.
D. Discussion regarding economic development prospects south of
Northpoint Drive and west of Royal Lane.
Section 551.072, Texas Government Code - Deliberation regarding Real Property.
E. Discussion regarding acquisition of property for the construction of trails as
identified in the City of Coppell Trail Master Plan.
3. Work Session (Open to the Public) 1st Floor Conference Room
A. Discussion regarding agenda items.
B. Discuss requests for memorial installations for placement on city
owned property.
C. Discussion regarding proposed travel information communication
system for the Belt Line Reconstruction project.
D. DART Rail Construction Update.
Attachments: Belt Line TTI Communication Project Memo.pdf
City of Coppell, Texas Page 2 Printed on 6/4/2021
City Council Meeting Agenda June 8, 2021
DART Trail Bridge Memo.pdf
Bridge Graphic.pdf
Regular Session
4. Invocation 7:30 p.m.
5. Pledge of Allegiance
Proclamations
6. Consider approval of a Proclamation designating June 8, 2021, as "Tracy
Eubanks Appreciation Day"; and authorizing the Mayor to sign.
Attachments: Tracy Eubanks Appreciation DaV.pdf
7. Consider approval of a Proclamation designating the month of June as
"Pride Month"; and authorizing the Mayor to sign.
Attachments: Pride Month Proclamation.pdf
8. Consider approval of a Proclamation naming the month of July as "Park
and Recreation Month;" and authorizing the Mayor to sign.
Attachments: Proclamation.pdf
9. Citizens' Appearance
10. Consent Agenda
A. Consider approval of the minutes: May 25, 2021.
Attachments: CM 2021-05-25.pdf
B. Consider approval of a professional services agreement with American
Underwater Services, Inc., for dredging of the canal at Grapevine Springs
Park, not to exceed the amount of $74,425.00, through an Interlocal
Agreement with the City of Southlake; as provided for in the CRDC Fund
Balance; and authorizing the City Manager to sign any necessary
documents.
Attachments: Memo.pdf
American Underwater Services Canal Dredging Services Agreement.pdf
C. Consider award of Bid No. Q-0521-01 to Knight Erosion Control, Inc. DBA
KEC Retaining Walls & Construction, for wall repairs and diversion wall
replacement at Grapevine Springs Park, not to exceed $269,900.77, as
provided for in the CRDC Fund Balance, and authorizing the City Manager
to sign any necessary documents.
Attachments: Memo.pdf
City of Coppell, Texas Page 3 Printed on 6/4/2021
City Council Meeting Agenda June 8, 2021
Knight Erosion Control Construction Agreement.pdf
I�fr�ilTf
D. Consider approval of an extension from June 30, 2021 to December 31,
2021, to the Resolution that granted a moratorium from enforcement within
the LI, HC, C, R and TC zoned districts from use of property and/or special
use permit requirement in order for the property owner to operate a
COVID-19 testing facility and/or COVID-19 vaccination site, or
combination thereof, a temporary medical facility; providing for the
provisions; and providing an effective date; and authorizing the Mayor to
sign.
Attachments: City Council Memo.pdf
Resolution - Testing Site Extension.pdf
E. Consider approval of a Resolution approving a Tax Abatement Agreement
by and among the City of Coppell and 1-800 CONTACTS, INC.; and
authorizing the Mayor to sign.
Attachments: Resolution Memo - 1-800 Contacts.pdf
Resolution Approving 1800 -CONTACTS Tax Abatement Agreement.pdf
F. Consider approval of a Resolution approving a Tax Abatement Agreement
by and among the City of Coppell and Printful, Inc.; and authorizing the
Mayor to sign.
Attachments: Printful Resolution Memo 2021.pdf
Resolution Approving Tax Abatement Agreement.pdf
Printful Inc Tax Abatement Agreement.pdf
G. Consider acceptance of the resignation of Laura Ketchum from the Board
of Adjustment and moving the alternate member, Casey Smith, into the role
of regular member for the remainder of the unexpired term.
Attachments: City Council Memo Board of Adjustment Appointment.pdf
H. Consider approval of an Ordinance extending the moratorium against
enforcement on Sections 6-15-3 (A), 6-15-4 and 6-15-5 (3) (A) and (B), (J)
- (M), (4) and (8), Article 16 "Business Regulations" of Chapter 6-15
"Temporary Signs" for a period of time until September 30, 2021; and
authorizing the Mayor to sign.
Attachments: Extension of Temporary Sign Moratorium Memo. df
Ordinance Extending Moratorium.pdf
I. Consider approval of an Interlocal Agreement between the City of Coppell
and the North Central Texas Council of Governments to establish a
cooperative purchasing program for aerial mapping services; and
authorizing the Mayor to sign.
Attachments: ILA NCTCOG Memo.pdf
City of Coppell, Texas Page 4 Printed on 6/4/2021
City Council Meeting Agenda June 8, 2021
J. Consider approval to enter into a contract with NEMA 3 Bectro, to install
conduit and fiber optics along Denton Tap Road aapart ofthe Denton Tap
Intersection Improvement Project; intheannountof$154.54O.88;aa
provided for through Bond proceeds; and authorizing the City Manager to
sign any necessary documents.
Attachments: NEMA 3 Fiber M
Coppell Qitywi e Electrical Services Contract. df
11.
PUBLIC HEARING:
Consider approval ofPO-3OO-HC.VahGpaoeCoppeU.Lot 1.Block A.a
zoning change request from HC(Highway Commercial) bzPO-3OO-HC
(Planned Oeve|opnnent-3OO-HighvvayConnnnencia|).bzapprove a Oebsi|
Site Plan fora 185.700-aquare-fbot. 3 -story office building with atwm-atory
parking garage; on9.84acres ofproperty located atthe southeast corner
of SH 121 and North Freeport Parkway at the request ofJeff Lamb,
Varideak LLC.
Attachments:
Staff _Report.pd
Site Plan and Garage__F1oor__P1an.pdf
Elevations Render
Signage Plan. df
12. PUBLIC HEARING:
Consider approval ofaResolution granting avariance ofthree hundred
(300') feet to Crescent City, from the 300 -foot prohibited requirement, for
the sale ofalcoholic beverages, with abusiness address being 78OG.
MacArthur Boulevard, Suite 1OO;and authorizing the Mayor bzsign.
Attachments:
Variance Resolution - Crescent
Crescent City 300'&1000'.pdf
13. City Manager Reports - Project Updates and Future Agendas
14. Mayor and Council Reports
Report bvMayor and City Council onrecent and upcoming events.
City Council Meeting Agenda June 8, 2021
15. Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
16. Necessary Action from Executive Session
17. 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 4th day of June, 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 6 Printed on 6/4/2021
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File ID: 2021-5749
Version: 1
File Name: Rule 3.334
City of Coppell, Texas
Master
File Number: 2021-5749
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Executive Session
In Control: City Council
File Created: 06/01/2021
Final Action:
Title: Seek Legal Advice from City Attorney regarding Texas Administrative Code
Rule 3.334, concerning local sales and use taxes.
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 2021-5749
Title
Seek Legal Advice from City Attorney regarding Texas Administrative Code Rule 3.334,
concerning local sales and use taxes.
Summary
City of Coppell, Texas Page 1 Printed on 6/4/2021
City of Coppell, Texas
C',P FE L
File ID: 2021-5742
Version: 1
File Name: Exec Session - carports
Master
File Number: 2021-5742
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Executive Session
In Control: City Council
File Created: 06/01/2021
Final Action:
Title: Seek Legal Advice from City Attorney regarding accessory structures under
Zoning and Building Codes.
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 2021-5742
Title
Seek Legal Advice from City Attorney regarding accessory structures under Zoning and
Building Codes.
Summary
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
[Enter Staff Recommendation Here]
Strategic Pillar Icon:
,rfl ; O ls
City of Coppell, Texas Page 1 Printed on 6/4/2021
Master Continued (2021-5742)
City of Coppell, Texas Page 2 Printed on 6/4/2021
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File ID: 2021-5730
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5730
Type: Agenda Item
Reference:
File Name: exec session - 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: 05/27/2021
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 2021-5730
Title
Discussion regarding economic development prospects south of Dividend Drive and west of
Belt Line Road.
City of Coppell, Texas Page 1 Printed on 6/4/2021
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File ID: 2021-5731
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5731
Type: Agenda Item
Reference:
File Name: exec sess - eco dev s of northpoint, w of royal
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Executive Session
In Control: City Council
File Created: 05/27/2021
Final Action:
Title: Discussion regarding economic development prospects south of Northpoint
Drive and west of Royal Lane.
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 2021-5731
Title
Discussion regarding economic development prospects south of Northpoint Drive and west of
Royal Lane.
Summary
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
[Enter Staff Recommendation Here]
Strategic Pillar Icon:
If:::osteur ain Illnclllusiiive omirnuirfl-ty If:::allbirliic
City of Coppell, Texas Page 1 Printed on 6/4/2021
Master Continued (2021-5731)
rflty Oasls'
Cireate usiinin Illui inovatioin IIIodes
'Sirriw-t
Sustainable Government
City of Coppell, Texas Page 2 Printed on 61412021
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File ID: 2021-5751
Version: 1
File Name: TL Item
City of Coppell, Texas
Master
File Number: 2021-5751
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Executive Session
In Control: City Council
File Created: 06/02/2021
Final Action:
Title: Discussion regarding acquisition of property for the construction of trails as
identified in the City of Coppell Trail Master Plan.
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 2021-5751
Title
Discussion regarding acquisition of property for the construction of trails as identified in the City
of Coppell Trail Master Plan.
Summary
City of Coppell, Texas Page 1 Printed on 6/4/2021
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File ID: 2021-5740
Version: 1
File Name: WKS 06/08/2021
City of Coppell, Texas
Master
File Number: 2021-5740
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Work Session
In Control:
City Council
File Created:
06/01/2021
Final Action:
Title: A. Discussion regarding agenda items.
B. Discuss requests for memorial installations for placement on city
owned property.
C. Discussion regarding proposed travel information communication
system for the Belt Line Reconstruction project.
D. DART Rail Construction Update.
Notes:
Sponsors:
Attachments: Belt Line TTI Communication Project Memo.pdf,
Memorial Installations Memo.pdf, DART Trail Bridge
Memo.pdf, Bridge Graphic.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 2021-5740
Title
A. Discussion regarding agenda items.
B. Discuss requests for memorial installations for placement on city owned property.
C. Discussion regarding proposed travel information communication system for the Belt
Line Reconstruction project.
D. DART Rail Construction Update.
Summary
City of Coppell, Texas Page 1 Printed on 6/4/2021
T FIS E . C I T Y 0 F
COPPELL
N
s. � 4i G r✓ r t
ryv
MEMORANDUM
To: Mayor and City Council
From: Kent Collins P.E., Director of Public Works
Date: June 8, 2021
Reference: Traveler Information project related to Belt Line Reconstruction project
2040: Foundation Pillar: Sustainable City Government
Goal 4: City Services to Ensure High Levels of Customer Satisfaction
General Information:
Staff will present a proposed project to provide real-time travel time and route information to
motorists during the reconstruction of Belt Line Road.
I
MEMORANDUM
To: Mayor and City Council
From: Mike Land, City Manager
Date: June 8, 2021
Reference: Discuss request for memorial installations for placement on city owned property
City of Coppell staff was recently presented with a request by a group of residents to install, at no
cost to the City, a memorial and education installation on city owned property. City staff has had
several discussions with the group since their initial contact.
The broader policy issue for City Council and direction being sought from City Council is not just
about this one request.
Currently, the City has no policy in place that guides staff on how to respond when these types of
requests are brought to our attention. The City does have a program in place if a resident wants to
honor an individual or family with a bench on a walking trail with a plaque affixed to the bench. In
these cases, the donor purchases the bench and affixed plaque, and the City installs the bench.
I understand there have been times in the past where residents could make donations that resulted in
their respective names being etched into pavers, and other situations where donations were recognized
with a plaque, at the Biodiversity Education Center for example.
The City currently has a successful partnership with the Coppell Arts Council for placement of
sculptures in both Andy Brown East and in the Old Town Square area.
In the situations noted above there are guidelines in place on how the requests are addressed.
I
The distinguishing factor in this case, as with the possibility of others coming forward, is that without
a policy in place, the City doesn't have a definitive way of either permitting or denying the installation
of any type of public request for any purpose.
An example of a similar situation occurred when City Council determined to eliminate bandit signs
around town a few years ago. At the time, bandit signs were permitted in certain locations within the
City's righ-of-way. As a result of various legal cases regarding signage and freedom of speech, the
City was prohibited from regulating sign content even though prior to these cases the signs were
allowed to promote local not-for-profit activities going on in the city. With the new case law City
Council was left with a choice of either allowing all bandit signs no matter the message or purpose,
or not permitting them to be placed at all. City Council chose to not permit them at all.
In speaking with the City Attorney, the cleanest way to address this and other similar type of requests,
much like was done with the bandit signs, is to have a policy that states no private art/education
installations are permitted on city property.
MEMORANDUM
To: Mayor and City Council
Through: Mike Land, City Manager
From: Traci E. Leach, Deputy City Manager
Date: June 8, 2021
Reference: DART Rail Construction Update
2040: Innovative Transportation Networks
Introduction:
This work session item is presented for Council discussion to provide direction regarding the elevated
trail bridge that will be located just to the south of the Silver Line rail bridge over S. Belt Line Road.
While there is much work left to do in terms of the design process for the trail, the decision point this
evening is time sensitive, as selections here will be incorporated into the 30% plan set.
At this time, staff is requesting Council direction on the recommendation to eliminate The Expedition
bridge design that will require additional cost related to design and materials cost.
Background:
For the past several years, City staff has been working with DART and North Central Texas Council
of Governments (NCTCOG) on a complementary amenity to the Silver Line, a multi -use trail that
would parallel the entire 26 -mile stretch of rail. The trail was not included as part of the initial scope
of work for the rail component of the Silver Line. However, NCTCOG has served as the coordinating
liaison between DART, the Silver Line communities, and AWH to negotiate a separate design
contract amendment for the trail. Design of the entire 26 -mile trail has been funded through the
Regional Transportation Council. Additionally, there are several segments of the trail that have been
identified as critical segments that must be constructed with the rail line due to site constraints that
make coming back at a later date to construct the trail difficult.
There are four trail segments within the City of Coppell. At this time, the segment that has been
identified as critical is the elevated segment at S. Belt Line. Construction funding for this segment is
currently planned to be funded via RTC, as well.
NCTCOG and AWH presented four bridge designs to the City for consideration. All are variations
of the rustic steel trail bridges that are currently in place at various City parks today. The most recent
bridge of this type was the bridge installation at the CORE. One of these designs will require
additional structural design and construction elements due to the additional bridge weight.
Legal: NA.
Fiscal Impact: Unknown at this time. Staff is working to continue obtaining additional information
regarding potential costs associated with the trail bridge.
Recommendation: Staff recommends eliminating the Expedition bridge design that requires
additional structural design and material cost.
,
Corner Soone
The Expedition
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File ID: 2021-5745
Version: 1
File Name: TE Day
City of Coppell, Texas
Master
File Number: 2021-5745
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Proclamations
In Control:
City Council
File Created:
06/01/2021
Final Action:
Title: Consider approval of a Proclamation designating June 8, 2021, as "Tracy
Eubanks Appreciation Day"; and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: Tracy Eubanks Appreciation Day.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 2021-5745
Title
Consider approval of a Proclamation designating June 8, 2021, as "Tracy Eubanks
Appreciation Day"; and authorizing the Mayor to sign.
Summary
City of Coppell, Texas Page 1 Printed on 6/4/2021
T III 'F FNI .P: �,�.. 0 F
COPPELL
PROCLAMATION
WHEREAS, the mission of Metrocrest Services is to provide emergency assistance and
comprehensive programs to move families toward self-sufficiency; and
WHEREAS, since 2013 Tracy Eubanks has served as Metrocrest Services Chief Executive
Officer through multiple `once in a lifetime' events, floods, COVID-19 pandemic, and extreme winter
weather; and
WHEREAS, throughout these occasions, his leadership and dedication to the mission of
Metrocrest Services has shown his exceptional work ethic; and
WHEREAS, the Coppell City Council wants to express our sincere appreciation to Tracy for
his loyalty and service to the citizens of Coppell, Addison, Farmers Branch, and Carrollton.
NOW, THEREFORE, I, Wes Mays, Mayor of the City of Coppell do hereby proclaim
Tuesday, June 8, 2021, as
"TRACY EUBANKS APPRECIATION DAY"
IN WITNESS THERE OF, I have set my hand and caused the seal of the City of Coppell to be
affixed this 8th day of June 2021.
ATTEST:
Ashley wens, City Secretary
Wes Mays, Mayor
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File ID: 2021-5744
Version: 1
File Name: Pride Month
City of Coppell, Texas
Master
File Number: 2021-5744
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Proclamations
In Control:
City Council
File Created:
06/01/2021
Final Action:
Title: Consider approval of a Proclamation designating the month of June as "Pride
Month"; and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: Pride Month Proclamation.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 2021-5744
Title
Consider approval of a Proclamation designating the month of June as "Pride Month"; and
authorizing the Mayor to sign.
Summary
City of Coppell, Texas Page 1 Printed on 6/4/2021
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COPPELL
PROCLAMATION
WHEREAS, the month of June is of historical significance to the lesbian, gay, bisexual,
transgender, and queer (LGBTQ+) community; and
WHEREAS, Pride Month is a time to recall the trials the LGBTQ+ community has endured
and to rejoice in the triumphs of the trailblazing individuals who have bravely fought - and continue
to fight - for full equality; and
WHEREAS, our community respects a diverse culture, a diverse workforce, and diverse
ideas; and
WHEREAS, our community recognizes the achievement, contributions, and rich cultural
heritage of the LGBTQ+ community; and
WHEREAS, our community reaps many benefits from the LGBTQ+ citizens who augment
our cultural life through, among other things, the sciences, the arts, education, politics, religion,
philanthropy, health care, public service, labor, business and entrepreneurship; and
WHEREAS, many groups work to promote acceptance, understanding and equality for
LGBTQ+ individuals; and
WHEREAS, our community recognizes the resilience and determination of the many
individuals who are fighting to live freely and authentically; and
NOW, THEREFORE, I, Wes Mays, Mayor of the City of Coppell do hereby proclaim the
month of June 2021 as
"PRIDE MONTH"
and call upon our citizens to reflect upon LGBTQ+ history and celebrate a culture where all citizens
are respected for who they are regardless of their sexual orientation, love is love, and to wave their
flags of pride high.
IN WITNESS THERE OF, I have set my hand and caused the seal of the City of Coppell to be
affixed this 8th day of June 2021.
ATTEST:
Ashley wens, City Secretary
Wes Mays, Mayor
City of Coppell, Texas
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File ID: 2021-5739
Version: 1
File Name: Parks and Rec Month
Master
File Number: 2021-5739
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Proclamations
In Control:
Parks and
Recreation
File Created:
06/01/2021
Final Action:
Title: Consider approval of a Proclamation naming the month of July as "Park and
Recreation Month;" and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: Proclamation.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 2021-5739
Title
Consider approval of a Proclamation naming the month of July as "Park and Recreation Month;"
and authorizing the Mayor to sign.
Summary
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
[Enter Staff Recommendation Here]
Strategic Pillar Icon:
City of Coppell, Texas Page 1 Printed on 6/4/2021
Master Continued (2021-5739)
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Sustainable Government
City of Coppell, Texas Page 2 Printed on 61412021
7 HI K 0
COPP'ELL,
PROCLAMATION
WHEREAS, parks and recreation programs are an integral part of communities throughout this country,
including Coppell; and
WHEREAS, our parks and recreation are vitally important to establishing and maintaining the quality
of life in our communities, ensuring the health of all citizens, and contributing to the economic and
environmental well-being of a community and region; and
WHEREAS, parks and recreation programs increase a community's economic prosperity through
increased property values, expansion of the local tax base, the attraction and retention of businesses, and crime
reduction; and
WHEREAS, parks and recreation areas are fundamental to the environmental well-being of our
community; and
WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our community and
provide a place for children and adults to connect with nature and recreate outdoors; and
July as
WHEREAS, the U.S. House of Representatives has designated July as Park and Recreation Month; and
NOW THEREFORE, I, Wes Mays, Mayor of the City of Coppell, do hereby proclaim the month of
"PARK AND RECREATION MONTH"
in the City of Coppell, and I encourage all citizens to celebrate at one of the many events planned at Coppell's
Parks and Recreation facilities, and by getting active outdoors, connecting with nature, and creating memories
with friends and family.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this 8th
day of June 2021.
Wes Mays, Mayor
ATTEST:
Ashley Owens, City Secretary
C',P FE L
File ID: 2021-5741
Version: 1
File Name: Minutes 5/25/21
City of Coppell, Texas
Master
File Number: 2021-5741
Type: Agenda Item
Reference:
Title: Consider approval of the minutes: May 25, 2021.
Notes:
Sponsors:
Attachments: CM 2021-05-25.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Consent Agenda
In Control: City Council
File Created: 06/01/2021
Final Action:
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2021-5741
Title
Consider approval of the minutes: May 25, 2021.
Summary
City of Coppell, Texas Page 1 Printed on 6/4/2021
CFFELL
Tuesday, May 25, 2021
WES MAYS
Mayor
CLIFF LONG
Place 1
BRIANNA HINOJOSA-SMITH
Place 2
VACANT
Place 3
MIKE LAND
City Manager
City of Coppell, Texas
Minutes
City Council
5:45 PM
MARK HILL
Mayor Pro Tem
KEVIN NEVELS
Place 4
JOHN JUN
Place 5
BIJU MATHEW
Place 6
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Council Chambers
Present 7 - Cliff Long;Brianna Hinojosa-Smith;Wes Mays -,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
25, 2021 at 5:45 p.m. in the City Council Chambers of Town Center, 255 Parkway
Boulevard, Coppell, Texas.
1. Call to Order
Mayor Wes Mays called the meeting to order, determined that a quorum was
present and convened into the Executive Session at 5:54 p.m.
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.
Discussed under Executive Session
B. Discussion regarding economic development prospects south of
City of Coppell, Texas Page 1
City Council Minutes May 25, 2021
Dividend Drive and west of Belt Line Road.
Discussed under Executive Session
3. Work Session (Open to the Public) Council Chambers
Mayor Wes Mays adjourned the Executive Session at 6:29 p.m. and reconvened
into the Work Session at 6:32 p.m.
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.
Presented in Work Session
Regular Session
Mayor Wes Mays adjourned the Work Session at 7:30 p.m. and reconvened into
the Regular Session at 7:37 p.m.
4. Invocation 7:30 p.m.
Mayor Wes Mays gave the invocation.
5. Pledge of Allegiance
Mayor Wes Mays and the City Council led those present in the Pledge of
Allegiance.
Presentations
6. New Tech High School Students - Water Sustainability Project.
New Tech High School students Malaika Yasir and Michaela Milligan gave a
presentation to City Council.
Proclamations
7. Consider approval of a Proclamation designating the month of May as
"Asian Pacific American Heritage Month"; and authorizing the Mayor to
sign.
Mayor Wes Mays read the proclamation into the record and presented the
same to Mr. Sukchan Yu, President of The Korean Society of Dallas. A motion
City of Coppell, Texas Page 2
City Council Minutes May 25, 2021
was made by Mayor Pro Tem Mark Hill, seconded by Councilmember Cliff
Long, that this Agenda Item be approved. The motion passed by an unanimous
vote.
8. Consider approval of a Proclamation designating the month of May as
"South Asian American Heritage Month"; and authorizing the Mayor to
sign.
Mayor Wes Mays read the proclamation into the record and presented the
same to members of Telangana Peoples Association of Dallas (TPAD): Mrs.
Madhavi Sunkireddy, Mr. Rao Kalvala, Mr. Ravikanth Mamidi, and Mr.
Raghuveer Bandaru and others. A motion was made by Councilmember Biju
Mathew, seconded by Councilmember John Jun, that this Agenda Item be
approved. The motion passed by an unanimous vote.
9. Citizens' Appearance
Mayor Wes Mays asked for those who signed up to speak:
1) Barry Raven, 201 Turnberry Lane, spoke in regards to the CORE's operating
hours.
2) Richard Gee, 129 Nash, spoke in regards to recent contracts considered by
City Council.
3) Amit Dharia, 387 Graham Drive, sent an email to the City Secretary's Office.
The email was read into the record.
10. Consent Agenda
A. Consider approval of the minutes: May 11, 2021 (Canvass) and May 11,
2021.
A motion was made by Councilmember Biju Mathew, seconded by
Councilmember Brianna Hinojosa-Smith, that Consent Agenda Items A-E be
approved. The motion passed by an unanimous vote.
B. Consider approval of the Coppell Recreation Development Corporation
appointment of officers.
A motion was made by Councilmember Biju Mathew, seconded by
Councilmember Brianna Hinojosa-Smith, that Consent Agenda Items A-E be
approved. The motion passed by an unanimous vote.
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.
A motion was made by Councilmember Biju Mathew, seconded by
Councilmember Brianna Hinojosa-Smith, that Consent Agenda Items A-E be
approved. The motion passed by an unanimous vote.
D. Consider approval to enter into a contract with Gee Consultants, Inc.; for
the geotechnical materials testing services associated with the
City of Coppell, Texas Page 3
City Council Minutes May 25, 2021
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.
A motion was made by Councilmember Biju Mathew, seconded by
Councilmember Brianna Hinojosa-Smith, that Consent Agenda Items A-E be
approved. The motion passed by an unanimous vote.
E. 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.
A motion was made by Councilmember Biju Mathew, seconded by
Councilmember Brianna Hinojosa-Smith, that Consent Agenda Items A-E be
approved. The motion passed by an unanimous vote.
Enactment No: RE 2021-0525.1
End of Consent Agenda
11. 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.
Presentation: Mindi Hurley, Director of Community Development, made a
presentation to the City Council.
Mayor Wes 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
Biju Mathew, to close the Public Hearing and approve this Agenda Item. The
motion passed by an unanimous vote.
Enactment No: OR 2021-1559
12. 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.
Presentation: Mindi Hurley, Director of Community Development, made a
presentation to the City Council.
Mayor Wes Mays opened the Public Hearing and advised that no one signed
up to speak.
A motion was made by Councilmember Brianna Hinojosa-Smith, seconded by
City of Coppell, Texas Page 4
City Council Minutes May 25, 2021
Councilmember Cliff Long, to close the Public Hearing and approve this
Agenda Item. The motion passed by an unanimous vote.
Enactment No: OR 2021-1560
13. 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.
Mayor Wes Mays announced that Items 13 and 14 will be considered together.
Presentation: Mindi Hurley, Director of Community Development, made a
presentation to the City Council.
A motion was made by Councilmember Biju Mathew, seconded by
Councilmember Kevin Nevels, that Agenda Items 13 and 14 be approved. The
motion passed by an unanimous vote.
Enactment No: RE 2021-0525.2 and 2021-0525.3
14. 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.
Please see Item 13.
15. City Manager Reports - Project Updates and Future Agendas
City Manager Mike Land gave the following project updates:
Last week traffic switched to the new pavement on Airline Road. Work on the
sewer line will begin soon, weather permitting.
Weather permitting, work on the sewer line on Cambria Drive will begin this
week.
A pre -construction meeting for Plantation Drive will occur in the next couple of
weeks. Neighborhood meeting(s) will be scheduled after the pre -construction
meeting.
The third cohort of the Allies in Community program finished up their year with
a graduation celebration this past Saturday. Thirty five community members
engaged during a difficult year of Zoom meetings, elections, and civil unrest,
learning how to better understand their neighbors and create a sense of
belonging, helping us to move toward our 2040 goals of perpetuating a
learning environment and fostering an inclusive community fabric.
16. Mayor and Council Reports
Report by the City Council on recent and upcoming events.
Early Voting in the Runoff Election for City Council Place 3 is going on now
until June 1st, with no voting on May 31st, Memorial Day. Election Day is June
5th, with polls open from 7 AM to 7 PM. Please check the city's Election page
City of Coppell, Texas Page 5
City Council Minutes May 25, 2021
for more information at coppelltx.gov/election for polling locations and times.
The Drive -In Movies Series is back at the Coppell Arts Center! On May 29th at
8:30 p.m., the movie is Rodgers & Hammerstein's Cinderella. Saturday, June
5th, the movie is Madagascar. Tickets to the Drive -In are sold per vehicle for
$15. Parking Lot opens at 8 pm on both evenings and spots are first-come, first
served. Movies start at 8:30 pm. Concessions will be available on-site for
purchase. For more information visit: www.CoppellArtsCenter.org
City of Coppell administrative offices will be closed on Monday, May 31, in
observance of Memorial Day. Polls for early voting in the City Council Place 3
Runoff Election will be closed. Additionally, the Cozby Library and Community
Commons, Senior and Community Center at Grapevine Springs, the
Biodiversity Education Center, Coppell Animal Services, and the Coppell Arts
Center will also be closed on Monday, May 31. The CORE will be open from 7
a.m. - 7 p.m., with the Outdoor Pool open from 9 a.m. — 3 p.m. Wagon Wheel
Tennis Center will be open from 9 a.m. — 3 p.m. Trash and recycling service
will run as regularly scheduled. All City offices will reopen on Tuesday, June 1.
On Sunday June 6th at 7:30 p.m., Theatre Three's touring production of
Meredith Willson's The Music Man is coming to Coppell! The Music Man follows
fast -talking traveling salesman, Harold Hill, as he cons the people of River City,
Iowa, into buying instruments and uniforms for a boys' band that he vows to
organize. Touring through three outdoor DFW venues, this 10 -person boutique
production of the six -time Tony Award® -winning musical comedy is unlike any
that has been done before. A slice of classic Americana with a twist! Tickets
are $75 for a 2 Person socially distant square. All tickets are sold through
Theatre Three's Box Office. Visit www.MusicManDFW.com for more
information and to Buy Tickets.
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
Mayor Pro Tem Mark Hill reported that the Woven Health Clinic reopened its
doors in March for onsite patient visits. The clinic will continue to offer
tele -medicine as appropriate. The Woven Health Clinic is excited to announce
the opening of their second clinic in North Carrollton on June 1st.
Councilmember Biju Mathew reported that Metrocrest Services served 930
Coppell residents in 2020, which is a 44% increase from pre-Covid-19. CARES
Act funding is still being used to assist Coppell residents. Metrocrest Services
has added staff to assist those in need during these difficult times. Metrocrest
Services is pleased to announce that they have raised 34% of the funds needed
to build a new facility at Josey Lane and Belt Line Road.
18. Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
Nothing to report.
19. Necessary Action from Executive Session
City of Coppell, Texas Page 6
City Council Minutes May 25, 2021
There was no action resulting from Executive Session.
At this time, Mayor Wes Mays recessed the Regular Session and reconvened
into Work Session for Item F at 8:38 p.m.
20. Adjournment
Mayor Wes Mays adjourned the Work Session at 9:00 p.m. and reconvened into
the Regular Session at 9:01 p.m.
There being no further business before the City Council, the meeting was
adjourned at 9:01 p.m.
Wes Mays, Mayor
ATTEST:
Ashley Owens, City Secretary
City of Coppell, Texas Page 7
C',P FE L
File ID: 2021-5699
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5699
Type: Agenda Item
Reference:
File Name: Grapevine Springs Park Dredging
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 a professional services agreement with American
Underwater Services, Inc., for dredging of the canal at Grapevine Springs
Park, not to exceed the amount of $74,425.00, through an Interlocal
Agreement with the City of Southlake; as provided for in the CRDC Fund
Balance; and authorizing the City Manager to sign any necessary documents.
Notes:
Sponsors:
Attachments: Memo.pdf, American Underwater Services Canal
Dredging Services 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 2021-5699
Title
Consider approval of a professional services agreement with American Underwater Services,
Inc., for dredging of the canal at Grapevine Springs Park, not to exceed the amount of
$74,425.00, through an Interlocal Agreement with the City of Southlake; as provided for in the
CRDC Fund Balance; and authorizing the City Manager to sign any necessary documents.
Summary
See attached memo.
Fiscal Impact:
Funds are available in the CRDC designated Fund Balance for this project.
City of Coppell, Texas Page 1 Printed on 6/4/2021
Master Continued (2021-5699)
Staff Recommendation:
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 61412021
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: June 8, 2021
Reference: Consider approval of a professional services agreement with American Underwater
Services, Inc., for dredging of the canal at Grapevine Springs Park, not to exceed the
amount of $74,425.00, through an Interlocal agreement with the City of Southlake;
as provided for in the CRDC Fund Balance; and authorizing the City Manager to
sign any necessary documents.
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.
• 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.
• 5/25/2021 —City Council Work Session regarding Grapevine Springs Park Projects and
partnership with Dallas County.
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. Separate construction documents for the wall repairs and the dredging operation were
prepared. 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).
A condition of the Antiquities Permit was to utilize hand dredging of the canal to protect against
damage to the historic masonry retaining walls along the canal. Per standard municipal
procurement practice, the City was able to utilize an interlocal agreement with the City of Southlake
to obtain a quote from American Underwater Services in the amount of $74,425.00 to perform the
hand dredging of the Grapevine Springs Park canal.
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.
The Parks and Recreation Department recommends awarding the professional services contract with
American Underwater Services in the amount of $74,425.00.
Legal Review:
This contract was reviewed by the City Attorney.
Fiscal Impact:
The fiscal impact of this agenda item is $74,425.00, as provided for in the CRDC fund balance.
Dallas County will reimburse the City of Coppell 50% of the total cost of this project.
Recommendation:
The Parks and Recreation Department recommends approval of this item.
STATE OF TEXAS § CANAL DREDGING
§ SERVICES AGREEMENT
COUNTY OF DALLAS §
This Canal Dredging Services Agreement ("Agreement") is made by and between the City
of Coppell, Texas ("City") and American Underwater Services, Inc., a Texas corporation
("Contractor" or "Company") (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 to
provide canal dredging and debris removal in Grapevine Springs Park in the City (the "Project");
and
WHEREAS, Contractor desires to render services in accordance with the terms and
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
The term of this Agreement shall begin on the last date of execution hereof (the "Effective
Date") and shall continue until Contractor completes the services required herein to the satisfaction
of City, unless sooner terminated as provided herein.
Article H
Scope of Services
2.1 Contractor shall provide all labor, tools, materials, equipment, supplies,
transportation, and management required for the Project in accordance with the terms, conditions,
and provisions of the proposal attached hereto as Exhibit "A" (the "Work"). The City may, at any
time, stop any services by the Contractor upon giving Contractor written notice. Contractor shall
be bound to the City for Contractor's services by the terms, conditions and responsibilities set forth
in this Agreement.
2.2 No Waiver of Rim. Neither the City's review, approval or acceptance of any of
the Work required under this Agreement, shall be construed to operate as a waiver of any rights
under this Agreement or of any cause of action arising out of the performance of this Agreement,
and Contractor shall be and remain liable to the City in accordance with applicable law for all
1111111111CANAL DREDGING SERVICES AGREEMENT TM122882
damages to the City caused by Contractor's negligent performance of any of the services furnished
pursuant to this Agreement.
2.3 Permits and Notices. Contractor will comply with all laws and regulations of any
public authority having jurisdiction over the Work. The Contractor will also obtain all permits,
certificates, and licenses required by the City.
2.4 Removal of Material and Site Cleaning. Contractor shall entirely remove all
discarded material, rubbish and waste resulting from the Work and services performed under this
Agreement. All debris, material, rubbish and waste created or caused by the Work shall become
the property and responsibility of the Contractor. Contractor is further responsible for cleaning the
location of the Work upon completion and shall leave the work site each working day in a clean,
orderly and safe condition. During the off days, Contractor shall leave the work site clear of all
equipment, material, and rubbish and/or waste, unless otherwise agreed to by the Parties.
Article III
Schedule of Work
3.1 Work Schedule Established. Contractor agrees to commence services upon a
written Notice to Proceed from the City and to perform the required services within the time period
set forth in Exhibit "A" but not later than forty (40) calendar days from date specified in the Notice
to Proceed as mutually agreed upon by the City and Contractor (the "Work Schedule").
3.2 Time is of the Essence. Contractor acknowledges that time is of the essence and
agrees to commence services immediately upon Notice to Proceed and to complete Work as
expeditiously as possible, subject to the events of Force Majeure. Both parties have agreed to the
provisions of this Agreement in anticipation of the orderly and continuous progress of the services
through completion of the Work.
Article IV
Compensation
4.1 Payment Terms.
A. City shall compensate Contractor for Work satisfactorily performed under this
Agreement in a total amount not to exceed Seventy -Four Thousand, Four
Hundred and Twenty -Five and 00/100 Dollars ($74,425.00). All fees paid to
Contractor by City shall be based on invoices submitted by Contractor for work
performed monthly, less any previous payments, and shall be paid within thirty
(30) days of receipt of invoice by City.
B. City reserves the right to delay, or withhold, without penalty, any payment or
partial payment when, in the opinion of the City, Contractor has not made
satisfactory progress on the Work or Contractor refused or fails to timely
complete the Work.
1111111111CANAL DREDGING SERVICES AGREEMENT TM122882
C. City may deduce from any amounts due or to become due to Contractor any
sum(s) owing by Contractor to City. In the event of any breach by Contractor
of any provision or obligation of this Agreement or in the event of assertion by
other parties of any claim or lien against City, or the City's premises, arising
out of Contractor's performance of this Agreement, City shall have the right to
retain out of any payments due or to become due to Contractor an amount
sufficient to completely protect the City from any and all loss, damage, or
expense therefrom, until the breach, claim or lien has been satisfactorily
remedied or adjusted by Contractor.
D. City may, on account of subsequently discovered evidence, withhold the whole
or part of any payment to such extent as may be necessary to protect itself from
loss on account of:
(1) Defective work not remedied;
(2) Claims filed or reasonable evidence indicating possible filing of
claim(s);
(3) Failure of Contractor to make payments promptly to subcontractors
or for material or labor which City may pay as an agent of
Contractor; or
(4) Damages to another contractor or subcontractor.
When the above grounds are removed or Contractor provides a surety bond
satisfactory to City which will protect City in the amount withheld because of
said grounds, City will release the amounts withheld.
4.2 Additional Expenses Included. Contractor shall be responsible for all expenses
related to the Work provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges, reproduction charges, and telephone, internet and e-mail charges.
Article V
Contractor Obligations
5.1 Contractor 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, Contractor shall make reasonable efforts to provide such additional
services at mutually agreed charges or rates, and within the time schedule prescribed by City, and
without decreasing the effectiveness of the performance of services required under this Agreement.
5.2 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
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Contractor.
1111111111CANAL DREDGING SERVICES AGREEMENT TM122882
5.3 Unless otherwise agreed, Contractor shall provide and pay for all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light,
power, fuel, transportation and all other facilities necessary for the execution and completion of
the Project. Unless otherwise specified, all materials shall be new and both workmanship and
materials shall be of a good quality. Contractor shall, if required, furnish satisfactory evidence as
to the kind and quality of materials. Materials or work described in words that so applied have well
known, technical or trade meaning shall be held to refer to such recognized standards.
5.4 Contractor shall, at its expense, obtain all permits and licenses necessary for the
performance of this Agreement and pay all fees required by law, and comply with all laws,
ordinances, rules and regulations governing the Contractor's performance of this Agreement.
5.5 All minor details of the work not specifically mentioned in Exhibit "A" hereto but
obviously necessary for the proper completion of the Work, such as the proper connection of new
work to old, shall be considered as incidental to and a part of the work for which the prices are set
forth in this Agreement. Contractor will not be entitled to any additional compensation therefor
unless specifically stated otherwise. Otherwise the term "extra work" as used in this Agreement
shall be understood to mean and include all work that may be required by City to be done by
Contractor to accomplish any alteration or addition to the work as described herein and shown on
Project drawings. Contractor shall perform all extra work under the direction of the City's
Representative when presented with a written work order signed by the City's Representative,
subject, however, to the right of Contractor to require written confirmation of such extra work
order by City. Payment for extra work shall be as agreed in the work order.
5.6 Contractor shall be responsible for the professional quality, technical accuracy, and
the coordination of all materials, construction, installation and other services furnished by
Contractor under this Agreement. Contractor shall, without additional compensation, correct or
revise any errors or deficiencies in the installation and construction of the Project components to
conform as shown in the Project drawings and specifications.
5.7 The Contractor shall at all times exercise reasonable precautions for the safety of
its employees, laborers, subcontractors, mechanics, workmen and others on and near the jobsite
and shall comply with all laws, ordinances, regulations, and standards of federal, state, and local
safety laws and regulations. The Contractor shall provide such machinery guards, safe walkways,
ladders, bridges, and other safety devices as may be necessary or appropriate to insure a safe and
secure jobsite and shall require its subcontractors to comply with this requirement. The Contractor
shall immediately comply with any and all safety requirements imposed by the Owner during the
progress of the work.
5.8 Contractor shall use best efforts to leave undisturbed and uninterrupted all utilities
and utility services provided to the jobsite or which presently exist at, above, or beneath the
location where any work is to be performed. In the event that any utility or utility services are
disturbed or damaged during the progress of the work, Contractor shall forthwith repair, remedy,
or restore the utility at Contractor's sole expense.
1111111111CANAL DREDGING SERVICES AGREEMENT TM122882
5.9 Neither City's review, approval or acceptance of, nor payment for any of the
services or Work required under this Agreement, shall be construed to operate as a waiver of any
rights under this Agreement or of any cause of action arising out of the performance of this
Agreement, and Contractor shall be and remain liable to City in accordance with applicable law
for all damages to City caused by Contractor's negligent performance of any of the services
furnished under this Agreement.
5.10 The rights and remedies of City under this Agreement are as provided by law.
Article VI
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 Contractor shall be suspended until Contractor has
taken satisfactory corrective action.
Article VII
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 Contractor may
only be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized
in the price of Work delivered under this Agreement or which are otherwise not recoverable. The
cost of cancellation may be paid from any appropriations for such purposes.
Article VIII
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 IX
Termination
9.1 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.
1111111111CANAL DREDGING SERVICES AGREEMENT TM122882
9.2 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 X
Indemnification
10.1 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.
10.2 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.
10.3 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.
1111111111CANAL
DREDGING SERVICES AGREEMENT TM122882
10.4 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
ALL OBLIGATIONS OF THE NATURE HEREINABOVE DESIGNATED HAVE
BEEN PAID, DISCHARGED OR WAIVED.
Article XI
Miscellaneous
11.1 Entire Agreement. This Agreement, including the attached Exhibit "A", 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.
11.2 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.
11.3 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.
11.4 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.
11.5 Amendments. This Agreement may be amended by the mutual written agreement
of the Parties.
11.6 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.
11.7 Independent Contractor. It is understood and agreed by and between the Parties
that Contractor, in satisfying the conditions of this Agreement, 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.
1111111111CANAL DREDGING SERVICES AGREEMENT TM122882
11.8 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail or overnight courier to the address specified below, or to such other party or address
as either party may designate in writing, and shall be deemed received three (3) days after delivery
set forth herein:
If Intended for City, to
Mike Land
City of Coppell, Texas
255 E. Parkway Blvd.
Coppell, Texas 75019
If Intended for Contractor, to:
Attn: Marty Pierce
American Underwater Services, Inc.
P.O. Box 126216
Fort Worth, Texas 76126
With Copy to:
Robert E. Hager
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Ross Tower
500 North Akard
Dallas, Texas 75201
11.9 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.
11.10 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
11.11 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.
11.12 Conflicts of Interests. Contractor represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement.
11.13 Exculpatory. Contractor shall make no claim for damages for delay in the
performance of this Agreement occasioned by any act or omission to act of the City or any of its
representatives, and that any such claim shall be fully compensated for by an extension of time to
complete performance of the work as provided herein.
11.14 Compliance with Federal, State & Local Laws. Contractor shall comply in
performance of services under the terms of this Agreement with all applicable laws, ordinances
1111111111CANAL DREDGING SERVICES AGREEMENT TM122882
and regulations, judicial decrees or administrative orders, ordinances, and codes of federal, state
and local governments, including all applicable federal clauses.
11.15 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.
11.16 Sales and Use Taxes. Contractor understands and acknowledges that City is a
governmental entity and exempt from the payment of sales and use taxes for certain materials and
equipment conveyed to City as part of this Projector otherwise incorporated into the Project. City
agrees to provide Contractor such documentation as may otherwise be required by state law to
allow Contractor to avoid payment of sales and uses taxes for materials and equipment with respect
to the Project to the extent allowed by law.
11.17 BoycottingIContractor verifies that it does not boycott Israel and agrees that
during the term of this Agreement it will not boycott Israel as that term is defined in Texas
Government Code section 808.001, as amended.
[Signature Page to Follow]
1111111111CANAL
DREDGING SERVICES AGREEMENT TM122882
EXECUTED this day of , 2021.
CITY OF COPPELL, TEXAS
IM
Approved as to form:
IM
Robert E. Hager, City Attorney
Mike Land, City Manager
EXECUTED this day of , 2021.
AMERICAN UNDERWATER SERVICES, INC.
By:
Name:
Title:
1111111111CANAL DREDGING SERVICES AGREEMENT TM122882
EXHIBIT "A"
(Scope of Work — American Underwater Services)
A
17
AMNERIRM IUNIDERWHER SERVICES, INC.
P.O. B— 1262.16
F.rt W Texas 76126
Phone�';317) 377-8512
Fax: ,,,,,,,x'317) 367-6333
May 4, 21121.
John )alias
Parks and Recreation
City ofCeoppell, TJX
472-462-5115
elia5(LT-,ccppeiltx.gDV
IiE: Proposal No. P8678 Dredging a canal in rGrapevhte Springs Park
Executive Summam t
American Underwater Services, Inc. is pleased to present our proposal for the alcove referenced project.
Job Scope
Size arr&om• description of the a.realareas to AUS will dredge the silt, sticks. trash. most of the algae, and some rocks out, of
be dredged,: vola- pond to fir,nr bottom. +1-8". Our pump will suck up some of the smaller
rocks, but it is not designed to dredge rocks.
Type of dredging equipment needed:
Type of disposal method:.
Estimated tune; of completion in days
Estimated length of pipe needed:
Dire crew or dredging crews needed:
C livdrauHc Submersible Pula
D_ De -Watering Roll off Boxes'
40 Dwa s+)'
bpd` or less pipe and hoses
'flues will be a IA man crew
Other conditions that need to be not The end, of Park Street wall need to be used to place the roll offboxes. Dredging
equipment will be staged. in the park. Conshnuction fencing will be used to
section off the wok area in the park and around the roll off boxes.. Water will be
returned to the pond through, the drainage system as the boxes dervater. We
estimate 40 boxes. The proposal includes disposal..
Insurance and Safe Practice Procedures
1111111111CANAL
DREDGING SERVICES AGREEMENT TM122882
We 1-iave General Liability that covers commercial diving operations, marine operations and dredging; projects. Our
Workers Compensation includes- Jones Act co%-erage's, US Longshore & Harbor -xorkers coverage's and
others that allow us to 1.vofk within: potable water facilities- contaminated facilities. offshore- navigable watenvays,
lakes, rivers and streams.
We have a current safe practices mmual that is used as needed as well as a (IHA) Job Hazard Analysis work sheet.
CommercialDivers and)or our Dredge operators
If the project has divin_2 is pl e it will be performed using our commercially certified divers that are licensed
through accredited commercial diving, schools and are experienced in offshore and inland diving operations. The
shallow air package that supports the diving operations will include at minimum; 1, -Air compressor (25cfm),
Volume tank, 2 -Dive hoses with communications, 2 -Dive hats, dive manifold with a Prieurnofathometer "depth
gauge
2 -Communications Radios, Air filter, Secondary air supply, and Safety manual, OSHA first aid kit and, Dive Flag.
A-U,.S- complies with OSHA 29 CFR part 1911 concerning commercial diving operations. Some of our dredge
operators, are our former commercial divers that wanted a change of pace_
Disposal lMethod
De, vi roll off boxesm
A-U.S_ had, some special de -watering roll off boxes made for projects, that are fully developed to the point where
there are not any fields or open spaces for sediment bags. These boxes are parked on the side of the streets, parking
lots, driveways etc and don't look vM, different from regular roll-offtype boxes used in other industries. The
muddy water coming from the dredge pump is discharged into the: top of a roll-offde-watering box through a
manifold system. Once the muddy water enters the box the sediment is separated from the by a special liner that is
on the walls and floor of the box. The water runs dirough the filter fabric down the inner walls of the boxto the
bottom of the box exiting out of:5everal 67 ball valves- Hoses attach to the bill valves- which transfer the filtered
water back into the body of water. Our de -watering boxes, are capable of containingbet7veen 15 -to -25 cubic yards of
sediment. The weight of the sediment determines hou, many cubic yards of material can be discharged into a box,�
our truck driver will determine that Oftentimes the weight of the material is very hewvy due to, thewatet content and
the: box can only be filled up 1-,,, which is around 15 cubic yard ofsediment- Once a box is filled, it will be: picked up
and properly disposed of-
Tenns and Conditions,
• It is understood that all sharing propertf owners have been contacted drifbimed and are aware of the job and
conditions concerning this proposal and A.U.S,. assumes, that you have done such.
• lVe will not be responsible for any collecting,"gathering, removing of wildlife or any loss of wildlife. fish.
tui -des, ducks, etc.
1111111111CANAL DREDGING SERVICES AGREEMENT TM122882
• Hydro mulching: sadding, or other landscape, sprinkler repair is not included unless otherwise noted.
• A.U.S. will not be responsible foo storax Water. wyetland, or any other ',permits or fees and assumes t1hmat, yowyour
organization has done such.
• Owner warrants that the silt/material aro be excavated to be free of pollutants and shall hold A.0 S
atC a andemnit, A.U.S. from any claims resulting from pollutants from the stilt.
• Owner understands that the lowering of waten level and, or excavating the existing stilt may destabilize, or cause
failure of any existing, structures such as, any existing Thralls, embankment slopes, existing structures, leaking
and shall hold A_UU-S. harmless from such.
• Some treesshrubs mig4t meed to be trimmed rm, order„tcU, perform, the Work.
• A.U.S. wwill exercise caution in moving equipment in, out and around the work area;. however, no replacement of
concrete, pads_ Walkways, or other structures or improvements is included unless other -wise specified in wwrrting.
• Existing lines„ pipes, or other underground structures or impro%ements shall be located and marked by others.
• A.0 -S. shall provide a certificate of Worker's Compensation, Commercial General Liability and
CommerciaPCommprehensive automobile liability insurance as needed.
• A.U.S. complies with OSHA -29 CFR pant 1911 when performing commercial diving operations.
• For the dni ,t safety red-tag/lockout hazardous energy situations including but not limited to: differential
pressures from intakes, pumps, sluices and other related mechanical devices.
• Any work perfornmed, outside of A.UU-S,.:s proposed scope of wwork or schedule, will be, billed at a rate of $250.00
an hour.
Fee ScheduleiTerms
A.U.S. wvill, performu, the dredging services described aid conditioned for a fee of Please see below
Mobilization fee of. Inclluded below.
.................
Cost of trucking, per load: $700.00
All-inclusive Dive Crew, dredge pump per week: $11,500.00
Booster pump per week: $1,750.OfI
Construction fencing: $ 75.00
Total cost for 15 days and. 40 boxes: $741,425.O0
Phis proposal does not mncluude sales tax or other state taxes if applicable..
fire require a 25% of'tate total invoice as a down payment; at that point we will schedule the project.
Payment terms are mentioned above ---1.3° 4 monthly,, finance changes dune on all balances over 30 days.
If you have: any gutsh m, please do not hesitate to contact me -
Sincerely,
AMERICAN UNDERWATER SERVICES, INC.
Marty Pearce
Sales Manager
,a- wi,v.amnermcamnundeii,vaterservrces.coarn
1111111111CANAL
DREDGING SERVICES AGREEMENT TM122882
EXHIBIT `B"
(Insurance Requirements)
1111111111CANAL DREDGING SERVICES AGREEMENT TM122882
City of Coppell 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 Amount
Worker's Compensation as set forth in the Worker's Compensation Act.
Commercial General $1,000,000 Each Accident/Occurrence.
Liability (Public) $1,000,000 Aggregate
$1,000,000 Products & Completed Operations Aggregate.
Owner's Protective $600,000 per occurrence
Liability Insurance $1,000,000 aggregate
Excess/Umbrella Liability $1,000,000 per occurrence w/drop down coverage
Endorsement CG 2503 Amendment Aggregate Limit of Insurance per Project or
Owner's and Contractor's Protective Liability Insurance for
the Project.
Automobile Liability $500,000 Combined single limit per occurrence.
ADDITIONAL INSURED
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.
C',P FE L
File ID: 2021-5700
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5700
Type: Agenda Item
Reference:
File Name: Grapevine Springs Wall Repairs
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-0521-01 to Knight Erosion Control, Inc. DBA
KEC Retaining Walls & Construction, for wall repairs and diversion wall
replacement at Grapevine Springs Park, not to exceed $269,900.77, as
provided for in the CRDC Fund Balance, and authorizing the City Manager to
sign any necessary documents.
Notes:
Sponsors:
Attachments: Memo.pdf, Knight Erosion Control Construction
Agreement.pdf, Bid Tab.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 2021-5700
Title
Consider award of Bid No. Q-0521-01 to Knight Erosion Control, Inc. DBA KEC Retaining
Walls & Construction, for wall repairs and diversion wall replacement at Grapevine Springs
Park, not to exceed $269,900.77, as provided for in the CRDC Fund Balance, and authorizing
the City Manager to sign any necessary documents.
Summary
See attached memo.
Fiscal Impact:
Funds have been designated in CRDC Fund Balance for this project.
City of Coppell, Texas Page 1 Printed on 6/4/2021
Master Continued (2021-5700)
Staff Recommendation:
The Parks and Recreation Department recommends approval.
Strategic Pillar Icon:
Sustainable Government
City of Coppell, Texas Page 2 Printed on 6/4/2021
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: June 8, 2021
Reference: Consider award of Bid No. Q-0521-01 to Knight Erosion Control, Inc. DBA KEC
Retaining Walls & Construction, for wall repairs and diversion wall replacement at
Grapevine Springs Park, not to exceed $269,900.77, as provided for in the CRDC
Fund Balance, and authorizing the City Manager to sign all necessary documents.
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.
• 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.
• 5/25/2021 —City Council Work Session regarding Grapevine Springs Park Projects and
partnership with Dallas County.
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. Separate construction documents for the wall repairs and the dredging
operation were prepared. 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).
The City of Coppell opened bids for Bid No. Q-0521-01 for the Grapevine Springs Wall Repairs
Project on May 6, 2021. A total of (6) bids were received ranging from $269,900 to $474,688.
Below are the (4) lowest bids received:
• Knight Erosion Control: $269,900.77
• Iron T Construction: $322,00.00
• Bernal Commercial Construction: $351,774.00
• A&B Construction: $352,720.00
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.
The Parks and Recreation Department recommends awarding Bid No. Q-0521-01 to lowest
responsible bidder, Knight Erosion Control, Inc. DBA KEC Retaining Walls & Construction in the
amount of $269,900.77.
Legal Review:
This contract was reviewed by the City Attorney.
Fiscal Impact:
The fiscal impact of this agenda item is $269,900.77, as provided for in the CRDC fund balance.
Dallas County will reimburse the City of Coppell 50% of the total cost of this project.
Recommendation:
The Parks and Recreation Department recommends approval of this item.
CITY OF COPPELL, TEXAS
CONSTRUCTION PROJECT
INVITATION TO BID #Q-0521-01
GRAPEVINE SPRINGS PARK CANAL WALL PROJECT
Knight Erosion Control, Inc.
d/b/a KEC Retaining Walls and Construction
TABLE OF CONTENTS
ARTICLE I THE CONTRACT AND THE CONTRACT DOCUMENTS .................1
1.1
Non -Exclusive Contract....................................................................................................1
1.2
The Contract......................................................................................................................1
1.3.
The Contract Documents..................................................................................................1
1.4
Entire Agreement..............................................................................................................1
1.5
No Privity with Others......................................................................................................1
1.6
Intent and Interpretation....................................................................................................
l
1.7
Ownership of Contract Documents...................................................................................2
ARTICLE II THE WORK.................................................................................................2
2.1
Performance......................................................................................................................2
2.2
Definition..........................................................................................................................2
ARTICLE III CONTRACT TIME.....................................................................................3
3.1
Substantial Completion
3
3.2
Time
3
3.3
Time is of the Essence
3
3.4
No Damages for Delay; No Back- Charges; Damage Waiver
3
ARTICLE IV CONTRACT PRICE...................................................................................4
4.1
The Contract Price............................................................................................................4
ARTICLE V PAYMENT OF THE CONTRACT PRICE..............................................4
5.1
Payment Procedure...........................................................................................................4
5.2
Withheld Payment.............................................................................................................5
5.3
Unexcused Failure to Pay.................................................................................................5
5.4
Certificate of Substantial Completion..............................................................................5
5.5
Completion and Final Payment.........................................................................................6
ARTICLE VI THE CITY....................................................................................................6
6.1
Information, Services and ThingsRequired from City.....................................................6
6.2
Right to Stop Work...........................................................................................................6
6.3
City's Right to Perform Work...........................................................................................6
6.4
Project Manager................................................................................................................7
ARTICLE VII CONTRACTOR...........................................................................................7
7.1
Must Follow Contract.......................................................................................................7
7.2
Prosecution of Work.........................................................................................................7
7.3
Warranty...........................................................................................................................7
7.4
Permits; Fees; Licenses.....................................................................................................8
7.5
Supervision.......................................................................................................................8
7.6
Work Schedule..................................................................................................................8
7.7
On -Site Drawings..............................................................................................................8
7.8
Record Drawings/Plans, As -Built Plans, Shop Drawings, Product Data,
and Samples .8
7.9
Cleaning the Site and the Project......................................................................................9
7.10
Access to Work and Inspections.......................................................................................9
7.11
Indemnity and Disclaimer.................................................................................................9
7.12
Nondiscrimination.............................................................................................................10
7.13
Prevailing Wage Rates......................................................................................................10
7.14
Job Site Safety Precautions...............................................................................................10
7.15 Warning Devices and Barricades......................................................................................10
7.16 Protection of Utilities and Other Contractors..................................................................10
ARTICLE VIII SUBCONTRACTORS.................................................................................11
8.1 Definition..........................................................................................................................11
8.2 Award of Subcontracts......................................................................................................1
l
ARTICLE IX CHANGE ORDERS....................................................................................11
9.1 Change Orders..................................................................................................................11
9.2 Extra Work........................................................................................................................
l l
ARTICLE X CONTRACT ADMINISTRATION...........................................................12
10.1 The Engineer.....................................................................................................................12
10.2 Engineer's Administration.................................................................................................12
ARTICLE XI DEFECTIVE WORK..................................................................................12
11.1 Defective Work.................................................................................................................12
ARTICLE XII CONTRACT DEFAULT AND TERMINATION....................................13
12.1 Termination for Convenience of City...............................................................................13
12.2 Termination for Default....................................................................................................13
12.3 Termination for Force Majeure.........................................................................................13
ARTICLE XIII INSURANCE................................................................................................14
13.1 Contractor Shall Maintain Insurance...............................................................................14
13.2 Types and Amounts of Contractor's Insurance...............................................................14
ARTICLE XIV MISCELLANEOUS....................................................................................14
14.1 Laws and Ordinances........................................................................................................14
14.2 Governing Law.................................................................................................................14
14.3 Successors and Assigns.....................................................................................................14
14.4 Surety Bonds.....................................................................................................................14
14.5 Force Majeure...................................................................................................................15
14.6 Immunities; Defenses........................................................................................................15
14.7 No Rights in Third Parties................................................................................................15
14.8 Severability.......................................................................................................................15
14.9 Amendments; No Waiver.................................................................................................15
14.10 Notices..............................................................................................................................15
14.11 Prohibition of Boycott Israel.............................................................................................15
11
CITY OF COPPELL, TEXAS
This Agreement ("Agreement' or "Contract") is made by and between the City of Coppell, Texas (the "City")
and Knight Erosion Control, Inc. d/b/a KEC Retaining Walls and Construction, a Texas corporation, ("Contractor")
(each a "Party" and collectively the "Parties") for the construction and repair of canal walls and reconstruction of the
diversion wall at the Grapevine Springs Park, (hereinafter referred to as the "Project"), the City and Contractor hereby
agreeing as follows:
ARTICLE I
THE CONTRACT AND THE CONTRACT
DOCUMENTS
1.1 NON-EXCLUSIVE CONTRACT
1.1.1 This Agreement shall be a non-exclusive
Agreement between the City and Contractor.
1.2 THE CONTRACT
1.2.1 The contract between the City and
Contractor, of which this Agreement (sometimes
referred to herein as the "Contract") is a part, consists
of the Contract Documents. It shall be effective on the
date this Agreement is executed by the last party to
execute it.
1.3. THE CONTRACT DOCUMENTS
1.3.1 The Contract Documents consist of the
following items:
A. This Agreement; and
B. City's Invitation to Bid No. Q-0521-01
"Grapevine Springs Park Canal Wall" and all
addenda thereto ("Q-0521-01") (attached as
Exhibit "A"); and
C. Contractor's Response to Bid No. Q-0521-01
(attached as Exhibit `B"); and
D. Construction Plans for Canal Wall
Improvements for Grapevine Springs Park
(attached as Exhibit "C").
1.4 ENTIRE AGREEMENT
1.4.1 This Contract, together with Contractor's
performance and payment bonds for the Project, all
General Conditions, Special Conditions, Plans and
Specifications, and Addenda attached thereto,
constitute the entire and exclusive agreement between
the City and Contractor with reference to the Project.
Specifically, but without limitation, this Contract
supersedes any bid documents and all prior written or
oral communications, representations and
negotiations, if any, between the City and Contractor
not expressly made a part hereof.
1.5 NO PRIVITY WITH OTHERS
1.5.1 Nothing contained in this Contract shall
create, or be interpreted to create, privity or any other
contractual agreement between the City and any
person or entity other than Contractor.
1.6 INTENT AND INTERPRETATION
1.6.1 The intent of this Contract is to require
complete, correct and timely execution of the Work.
Any Work that may be required, implied or inferred by
the Contract Documents, or any one or more of them,
as necessary to produce the intended result shall be
provided by Contractor for the Contract Price.
1.6.2 This Contract is intended to be an integral
whole and shall be interpreted as internally consistent.
What is required by any one Contract Document shall
be considered as required by the Contract.
1.6.3 When a word, term or phrase is used in this
Contract, it shall be interpreted or construed, first, as
defined herein; second, if not defined, according to its
generally accepted meaning in the construction
industry; and third, if there is no generally accepted
meaning in the construction industry, according to its
common and customary usage.
1.6.4 The word "City" includes the City and its
public officials, officers, employees, agents and
employees. The word "Contractor" includes
Contractor and its officers, employees, agents and
representatives. The word "include", "includes", or
"including", as used in this subparagraph and in this
Contract, shall be deemed to be followed by the
phrase, "without limitation".
1.6.5 The specification herein of any act, failure,
refusal, omission, event, occurrence or condition as
constituting a material breach of this Contract shall not
imply that any other, non-specified act, failure, refusal,
omission, event, occurrence or condition shall be
deemed not to constitute a material breach of this
Contract.
1.6.6 Words or terms used as nouns in this Contract
shall be inclusive of their singular and plural forms,
unless the context of their usage clearly requires a
contrary meaning.
1.6.7 Contractor shall have a continuing duty to
read, carefully study and compare each of the Contract
Documents, the Shop Drawings, the Product Data, and
any Plans and Specifications, and shall give written
notice to the City of any inconsistency, ambiguity,
error or omission which Contractor may discover with
respect to these documents before proceeding with the
affected Work. The issuance, or the express or implied
approval by the City or the Engineer of the Contract
Documents, Shop Drawings or Product Data, shall not
relieve Contractor of the continuing duties imposed
hereby, nor shall any such approval be evidence of
Contractor's compliance with this Contract. The City
has requested the Engineer to only prepare documents
for the Project, including the Drawings, Plans and
Specifications for the Project, which are accurate,
adequate, consistent, coordinated and sufficient for
construction. HOWEVER, THE CITY MAKES NO
REPRESENTATION OR WARRANTY OF ANY
NATURE WHATSOEVER TO CONTRACTOR
CONCERNING SUCH DOCUMENTS.
CONTRACTOR ASSUMES ALL RISK OF
ERRORS, AMBIGUITIES AND INACCURACIES.
By the execution hereof, Contractor acknowledges and
represents that it has received, reviewed and carefully
examined such documents, has found them to be
complete, accurate, adequate, consistent, coordinated
and sufficient for construction, and that Contractor has
not, does not, and will not rely upon any representation
or warranties by the City concerning such documents
as no such representation or warranties have been or
are hereby made. Further, Contractor represents and
warrants that it has had a sufficient opportunity to
inspect the Project site and assumes any and all
responsibility for inadequacies or ambiguities in the
plans, drawings or specifications as well as for latent
conditions of the site where the work is to be
performed.
1.6.8 As between numbers and scaled
measurements on the Drawings and in the Design, the
numbers shall govern, as between larger scale and
smaller scale drawings, the larger scale shall govern.
1.6.9 Neither the organization of any of the
Contract Documents into divisions, sections,
paragraphs, articles, (or other categories), nor the
organization or arrangement of the Design, shall
control Contractor in dividing the Work or in
establishing the extent or scope of the Work to be
performed by Subcontractors.
1.7 OWNERSHIP OF CONTRACT DOCUMENTS
1.7.1 The Contract Documents, and each of them
individually and collectively, shall remain the property
of the City. Contractor shall have the right to keep one
record set of the Contract Documents upon completion
of the Project; provided, however, that in no event
shall Contractor use, or permit to be used, any or all of
such Contract Documents on other projects without
the City's prior written authorization.
ARTICLE II
THE W ORK
2.1 PERFORMANCE
Contractor shall perform all of the Work required,
implied or reasonably inferable from this Contract.
2.2 DEFINITION
2.2.1 The term "Work" shall mean whatever is
done by or required of Contractor to perform and
complete its duties under this Contract, including the
following: construction of the whole or a designated
part of the Project; furnishing of any required surety
bonds and insurance, and the provision or furnishing
of labor, supervision, services, materials, supplies,
equipment, fixtures, appliances, facilities, tools,
transportation, storage, permits and licenses required
of Contractor, power, water, fuel, heat, light, cooling
and all other utilities as required by this Contract. The
Work to be performed by Contractor is generally
described as follows:
Construction and repair of canal
walls and reconstruction of the
diversion wall at the Grapevine
Springs Park for the Grapevine
Springs Park Canal Wall Project as
set forth in Exhibit "A", Exhibit `B"
and Exhibit "C" located in
Grapevine Springs Park, Coppell,
Dallas County, Texas, as more
particularly described in Exhibit
«C„
2.2.2 Contractor shall be responsible for paying for
and procuring all materials and labor and furnishing all
services necessary or appropriate for the full
performance of the Work and the for the full
completion of the Project. All materials shall be new
and materials and workmanship shall be of good
quality. Upon request, Contractor shall furnish
satisfactory proof of the type, kind, and quality of
materials.
ARTICLE III
CONTRACT TIME
3.1 SUBSTANTIAL COMPLETION
3.1.1 "Substantial Completion" shall mean that
stage in the progression of the Work when the Work is
sufficiently complete in accordance with this Contract
that the City can enjoy beneficial use or occupancy of
the Work and can utilize the Work for its intended
purpose, even though minor miscellaneous work
and/or adjustment may be required.
3.2 TIME
3.2.1 Contractor shall commence the Work upon
receipt of a written Notice to Proceed and shall achieve
Substantial Completion of the Work no later than 185
calendar days from the date specified in the Notice to
Proceed. The term "calendar days" shall mean any and
all days of the week or month, no days being excepted.
The number of calendar days from the date on which
the Work is permitted to proceed, through the date set
forth for Substantial Completion, shall constitute the
Contract Time" and the "scheduled completion date."
The execution of this Contract by Contractor
constitutes an agreement that adequate time has been
allotted for this Contract, given the Contract Price.
3.2.2 Work may proceed on any day of the week,
including weekends, and at any time of the day.
However, work shall not occur on such days or at such
times as, in the City's or Engineer's discretion, may be
a violation of noise or environmental regulations or
ordinances, or when the presence of workers,
equipment or materials may create an abnormally
hazardous condition.
3.2.3 Contractor shall submit and comply with
construction schedules establishing completion
timelines and deadlines for each component of the
Project. Construction schedules shall be submitted to
and approved by the Engineer and the City on a regular
basis as required by the Contract Documents. If no
reference is made to construction schedules in the
Contract Documents, then construction schedules
shall be submitted with each Application for Payment.
3.3 TIME IS OF THE ESSENCE
3.3.1 The scheduled completion date is based on
public necessity. The scheduled completion date is
factored into and is a material component of the
Contract Price. All limitations of time set forth in the
Contract Documents are of the essence of this
Contract.
3.3.2 TIME IS OF THE ESSENCE IN THE
PERFORMANCE OF THE WORK AND THE
COMPLETION OF THE PROJECT ON OR
BEFORE THE SCHEDULED COMPLETION
DATE. THE SCHEDULED COMPLETION DATE
IS A DEADLINE. THE CITY EMPLOYS A ZERO -
TOLERANCE POLICY REGARDING THE TIME
FOR COMPLETION. The time for completion is an
essential and material term of this Contract and
Contractor's failure to achieve substantial completion
on the date stated herein, to comply with work
schedules, or achieve milestones in approved
construction schedules, shall be a material breach and
default of this Contract.
3.3.3 It is contemplated by the parties that the
progress of the Work may be delayed by certain
conditions beyond the control of the parties; these
delays have been contemplated by the parties and
considered in the time allotted for performance
specified herein and in the contract price and includes,
but is not limited to delays occasioned on account of
adverse weather, temporary unavailability of
materials, shipment delays, and the presence and
potential interference of other contractors or of utilities
that may be performing work at the Project site
unrelated to this Contract. These delays have been
considered and included in the determination of the
scheduled completion date and the Contract Price.
3.4 NO DAMAGES FOR DELAY; NO BACK -
CHARGES; DAMAGE WAIVER
3.4.1 No claim shall be made by Contractor to the
City, and no damages, costs or extra compensation
shall be allowed or paid by the City to Contractor for
any delay or hindrance from any cause in the progress
or completion of the Work or this Contract.
Contractor's sole remedy in the event of any delay or
hindrance, regardless of cause, shall be to request time
extensions by written change orders as provided for
hereinafter. The failure to seek or obtain a change
order for time extension shall be deemed a waiver
thereof and Contractor shall be regarded as having
made a determination that the delay will not affect the
completion of the Work. Should Contractor be delayed
by an act of the City, or should the City order a
stoppage of the Work for sufficient cause unrelated to
any act or omission of Contractor, an extension of time
shall be granted by the City by Change Order upon
written application, which extension shall not be
unreasonably denied, to compensate for the delay.
3.4.2 The City shall have the authority to suspend
the Work wholly or in part for such period or periods
of time as it may deem appropriate due to unsuitable
conditions considered unfavorable for the proper
prosecution of the Work or for the failure of
Contractor to carry out instructions from the City or
City's representative. During any period in which the
Work is stopped or during which any of the Work is
not actively in progress for any reason, Contractor
shall properly protect the site and the Work from
damage, loss or harm. Contractor shall not be
compensated for periods of delay caused by a
suspension of the work by the City. If work is
suspended due to unsuitable conditions through no
fault of Contractor, an extension of time shall be
granted by the City by Change Order upon written
application, which extension shall not be unreasonably
denied, to compensate for the delay.
3.4.3 Contractor shall not have or assert any claim
against the City for damages or back -charges of any
kind for any reason, including but not limited to claims
for Extra Work, damages, economic loss, additional
costs, unknown latent site conditions, and refusals by
the City to grant extensions of time, unless supported
and authorized by a written Change Order or separate
agreement signed by all parties. Contractor, in entering
into this Contract, hereby waives, releases, quitclaims,
discharges and holds harmless the City from and
against any and all claims, damages, liabilities and
losses, save and except those arising under Paragraph
12.1 of this Contract.
ARTICLE IV
CONTRACT PRICE
4.1 THE CONTRACT PRICE
4.1.1 A total amount not to exceed two hundred
sixty-nine thousand nine hundred and 77/100 Dollars
($269,900.77) as set forth in the Proposal Form
Exhibit `A' 1-4 of this Contract's Exhibit `B" shall
constitute the Contract Price which shall not be
modified except by written Change Order as provided
in this Contract. Any additional work performed on
the Project must be approved by the City.
ARTICLE V
PAYMENT OF THE CONTRACT PRICE
5.1 PAYMENT PROCEDURE
5.1.1 The City shall pay the Contract Price to
Contractor as provided below.
5.1.2 APPLICATION FOR PAYMENT. On or before
the 25th day of each month after commencement of
the Work, Contractor shall submit an Application for
Payment for the period ending the 15th day of the
month to the City in such form and manner as the City
may require. Contractor may request payment for that
portion of the Contract Price properly allocable to
Contract requirements properly provided and to labor,
materials and equipment properly incorporated in the
Work, less retainage and less the total amount of
previous payments received from the City. Such
Application for Payment shall be signed by Contractor
and shall constitute Contractor's representation that the
Work has progressed to the level for which payment is
requested in accordance with the Schedule of Values,
that the Work has been properly installed or performed
in full compliance with this Contract, and that
Contractor knows of no reason why payment should
not be made as requested. Thereafter, the City will
review the Application for Payment and may also
review the Work at the Project site or elsewhere to
determine whether the quantity and quality of the
Work is as represented in the Application for Payment
and is as required by this Contract. City shall make
partial payments on account of the Contract Price to
Contractor within thirty (30) days following City's
receipt and approval of each Application for Payment.
The amount of each partial payment shall be the
amount certified for payment by the City less such
amounts, if any, otherwise owing by Contractor to the
City or which the City shall have the right to withhold
as authorized by this Contract. Contractor shall
submit Applications for Payment to:
City of Coppell
Attn: Finance/Accounts Payable Department
255 Parkway Blvd.
Coppell, TX 75019
5.1.3 STATEMENT OF DELAY. Each Application for
Payment shall include a Statement of Delay showing
the number of days lost due to inclement weather,
conflicts with other City contractors, utilities, or
design specifications, or other proper reasons. The
failure to submit the Statement of Delay shall be a
waiver of any claim for additional days or extensions
of the scheduled completion date.
5.1.4 Contractor warrants that title to all Work
covered by an Application for Payment will pass to the
City when installed at the Project site, regardless of the
time of payment. Contractor further warrants that upon
submittal of an Application for Payment, all Work for
which payments have been received from the City
shall be free and clear of liens, claims, security interest
or other encumbrances in favor of Contractor or any
other person or entity whatsoever.
5.1.5 Contractor shall promptly pay each
Subcontractor out of the amount paid to Contractor on
account of such Subcontractor's Work, the amount to
which such Subcontractor is entitled. In the event the
City becomes informed that Contractor has not paid a
Subcontractor as herein provided, the City shall have
the right, but not the duty, to issue future checks in
payment to Contractor of amounts otherwise due
hereunder naming Contractor and such Subcontractor
as joint payees. Such joint check procedure, if
employed by the City, shall create no rights in favor of
any person or entity beyond the right of the named
payees to payment of the check and shall not be
deemed to commit the City to repeat the procedure in
the future.
5.1.6 No progress payment, nor any use or
occupancy of the Project by the City, shall be
interpreted to constitute an acceptance of any Work
not in strict compliance with this Contract.
5.2 WITHHELD PAYMENT
5.2.1 The City may decline to make payment, may
withhold funds, and, if necessary, may demand the
return of some or all of the amounts previously paid to
Contractor, to protect the City from loss because of:
(a) defective Work not remedied by Contractor
or, in the opinion of the City, likely to be
remedied by Contractor;
(b) claims of third parties against the City or the
City's property;
(c) failure by Contractor to pay Subcontractors
or others in a prompt and proper fashion;
(d) evidence that the balance of the Work cannot
be completed in accordance with the Contract
for the unpaid balance of the Contract Price,
(e) evidence that the Work will not be completed
in the time required for substantial or final
completion (final completion meaning the
full and final completion of all work called
for by this Contract and final acceptance by
the Engineer and the City);
(f) persistent failure to carry out the Work in
accordance with the Contract;
(g) damage to the City or a third party to whom
the City is, or may be, liable.
(h) failure to submit an updated project schedule
in accordance with Subparagraph 3.2.3.
In the event that the City makes written demand upon
Contractor for amounts previously paid by the City as
contemplated in this Subparagraph 5.2.1, Contractor
shall promptly comply with such demand. The City
shall have no duty to third parties to withhold payment
to Contractor and shall incur no liability for a failure
to withhold funds.
5.3 UNEXCUSED FAILURE TO PAY
5.3.1 If within twenty (20) days after the date
established herein for payment to Contractor by the
City, the City, without cause or basis hereunder, fails
to pay Contractor any amount then due and payable to
Contractor, then Contractor may after ten (10)
additional days' written notice to the City and the
Engineer, and without prejudice to any other available
rights or remedies it may have, stop the Work until
payment of those amounts due from the City have been
received. Late payments shall not accrue interest or
other late charges.
5.4 CERTIFICATE OF SUBSTANTIAL
COMPLETION
5.4.1 When Contractor believes that the Work is
substantially complete, Contractor shall submit to the
Engineer a list of items to be completed or corrected.
When the Engineer and the City on the basis of an
inspection determine that the Work is in fact
substantially complete, the Engineer will prepare a
Certificate of Substantial Completion which shall
establish the date of Substantial Completion, shall
state the responsibilities of the City and Contractor for
Project security, maintenance, heat, utilities, damage
to the Work, and insurance, and shall fix the time
within which Contractor shall complete the items
listed therein. In no event, however, shall the date of
Final Completion be delayed. Guarantees required by
the Contract shall commence on the date of Substantial
Completion of the Work; however, the maintenance
bond required herein, and the assurances given
thereunder, shall commence of and from the date of
final acceptance of the work by the City. The
Certificate of Substantial Completion shall be
submitted to the City and Contractor for their written
acceptance of the responsibilities assigned to them in
such certificate.
5.5 COMPLETION AND FINAL PAYMENT
5.5.1 When all of the Work is finally complete and
Contractor is ready for a final inspection, it shall notify
the City and Engineer thereof in writing. Thereupon,
the City and Engineer will make final inspection of the
Work and, if the Work is complete in full accordance
with this Contract and this Contract has been fully
performed, the City will promptly issue a final
Certificate for Payment certifying that the Project is
complete and Contractor is entitled to the remainder of
the unpaid Contract Price If the City is unable to issue
its final Certificate for Payment and is required to
repeat its final inspection of the Work, Contractor shall
bear the cost of such repeat final inspection(s) which
cost may be deducted by the City from Contractor's
final payment.
5.5.2 Contractor shall not be entitled to final
payment unless and until it submits to the City its
affidavit that all payrolls, invoices for materials and
equipment, and other liabilities connected with the
Work for which the City, or the City's property might
be responsible, have been fully paid or otherwise
satisfied; releases and waivers of lien from all
Subcontractors of Contractor and of any and all other
parties required by the Engineer or the City; consent
of Surety, if any, to final payment. If any third -party
fails or refuses to provide a release of claim or waiver
of lien as required by the City, Contractor shall furnish
a bond satisfactory to the City to discharge any such
lien or indemnify the City from liability.
5.5.3 City shall make final payment of all sums due
Contractor within thirty (30) days of City's execution
of a final Certificate for Payment.
5.5.4 Acceptance of final payment shall constitute
a waiver of all claims against the City by Contractor
except for those claims previously made in writing
against the City by Contractor, pending at the time of
final payment, and identified in writing by Contractor
as unsettled at the time of its request for final payment.
ARTICLE VI
THE CITY
6.1 INFORMATION, SERVICES AND THINGS
REQUIRED FROM CITY
6.1.1 The City shall furnish to Contractor, at the
time of executing this Contract, any and all written and
tangible material in its possession concerning
conditions below ground at the site of the Project.
Such written and tangible material is furnished to
Contractor only in order to make complete disclosure
of such material and for no other purpose. By
furnishing such material, the City does not represent,
warrant, or guarantee its accuracy either in whole, in
part, implicitly or explicitly, or at all, and shall have
no liability therefor. The City shall also furnish
surveys, legal limitations, and utility locations (if
known) of the Project site.
6.1.2 Excluding permits and fees normally the
responsibility of Contractor, the City shall obtain all
approvals, easements, and the like required for
construction and shall pay for necessary assessments
and charges required for construction, use or
occupancy of permanent structures or for permanent
changes in existing facilities.
6.1.3 The City shall furnish Contractor, free of
charge, two copies of the Contract Documents for
execution of the Work.
6.2 RIGHT TO STOP WORK
6.2.1 If Contractor persistently fails or refuses to
perform the Work in accordance with this Contract, if
Contractor fails to meet milestones set forth in
approved construction schedules, if the City has
sufficient reason to believe that Contractor is not and
will not complete the Project by the scheduled
completion date, or if the best interests of the public
health, safety or welfare so require, the City may order
Contractor to stop the Work, or any described portion
thereof, until the cause for stoppage has been
corrected, no longer exists, or the City orders that
Work be resumed. In such event, Contractor shall
immediately obey such order.
6.3 CITY'S RIGHT TO PERFORM WORK
6.3.1 If Contractor's Work is stopped by the City
under Paragraph 6.2, and Contractor fails within seven
(7) days of such stoppage to provide adequate
assurance to the City that the cause of such stoppage
will be eliminated or corrected, then the City may,
without prejudice to any other rights or remedies the
City may have against Contractor, proceed to carry out
the subject Work. In such a situation, an appropriate
Change Order shall be issued deducting from the
Contract Price the cost of correcting the subject
deficiencies, plus compensation for the Engineer's
additional services and expenses necessitated thereby,
if any. If the unpaid portion of the Contract Price is
insufficient to cover the amount due the City,
Contractor shall pay the difference to the City.
6.4 PROJECT MANAGER
6.4.1 City shall designate a Project Manager to
serve as the City's representative to observe the Work
during the Term of this Contract.
6.4.1.1 The Project Manager, or designee, shall
have the authority to:
(a) act on behalf of the City to the extent
expressly provided in this Contract or
otherwise in writing;
(b) stop the Work if, in the Project Manager's sole
discretion, to prevent improper execution of the
Work on the Project or otherwise to protect the
interests of the City;
(c) approve and direct the sequence of execution
and general conduct of the Work and direct that
changes be made in such sequence if, in the
Project Manager's sole discretion, public
necessity or welfare, the interest of the City or
the progress of the Work shall require. Such
approval shall not relieve or diminish the
responsibility of Contractor for or in the
conduct of the Work;
(d) determine the amount, quality, acceptability
and fitness of all work, materials and equipment
required by Contractor; and
(e) decide all questions which arise in relation to
the Work, the execution thereof, and the
fulfillment of this Contract.
ARTICLE VII
CONTRACTOR
7.1 MUST FOLLOW CONTRACT
7.1.1 Contractor shall perform no part of the Work
at any time without adequate Contract Documents or,
as appropriate, approved Shop Drawings, Product
Data or Samples for such portion of the Work. If
Contractor performs any of the Work knowing it
involves a recognized error, inconsistency or omission
in the Contract Documents without such notice to the
Engineer, Contractor shall bear responsibility for such
performance and shall bear the cost of correction.
Contractor shall perform the Work strictly in
accordance with this Contract.
7.2 PROSECUTION OF WORK
7.2.1 Contractor shall supervise and direct the
Work using Contractor's best skill, effort and attention.
Contractor shall be responsible to the City for any and
all acts or omissions of Contractor, its employees and
others engaged in the Work on behalf of Contractor.
7.2.2 Contractor shall give adequate attention to
the faithful prosecution of the Work and the timely
completion of this Contract, with authority to
determine the manner and means of performing such
Work, so long as such methods ensure timely
completion and proper performance.
7.2.3 Contractor shall exercise all appropriate
means and measures to insure a safe and secure jobsite
in order to avoid and prevent injury, damage or loss to
persons or property.
7.2.4 The City will not interfere with Contractor's
manner and means of performing the Work. However,
the City's insistence on strict compliance with the
Contract shall not be regarded as an interference with
Contractor's manner and means. In the event that any
part of the Work is not in strict compliance with the
Contract, Contractor is and shall be estopped from
claiming any interference by the City or Engineer with
Contractor's manner and means of performing that
part of the Work.
7.3 WARRANTY
7.3.1 Contractor warrants to the City that all labor
furnished to progress the Work under this Contract
will be competent to perform the tasks undertaken, that
the product of such labor will yield only first-class
results, that materials and equipment furnished will be
of good quality and new unless otherwise permitted by
this Contract, and that the Work will be of good
quality, free from faults and defects and in strict
conformance with this Contract. All Work not
conforming to these requirements may be considered
defective. CONTRACTOR WARRANTS AND
GUARANTIES THAT IT SHALL COMPLETE THE
WORK AND ACHIEVE SUBSTANTIAL
COMPLETION BY THE SCHEDULED
COMPLETION DATE, STRICTLY IN
ACCORDANCE WITH THIS CONTRACT.
DEFECTIVE WORK OR MATERIALS SHALL BE
FIXED, REPAIRED OR REPLACED FREE OF
CHARGE OR COST TO THE CITY.
7.3.2 Contractor shall provide written warranty and
guarantee of all Work performed under this Contract
against defects in materials, equipment or
workmanship for a period of one (1) year from the date
of Final Acceptance as that term is defined in Section
5.5. Contractor shall also provide any additional
warranties and guarantees of the Work items and
components as specified in individual sections of the
Specifications and as offered by the manufacturer.
7.4 PERMITS; FEES; LICENSES
7.4.1 Contractor shall obtain and pay for all
permits, fees and licenses necessary and ordinary for
the Work. Contractor shall comply with all lawful
requirements applicable to the Work and shall give
and maintain any and all notices required by
applicable law pertaining to the Work.
7.5 SUPERVISION
7.5.1 Contractor shall employ and maintain at the
Project site only competent supervisory personnel.
Absent written instruction from Contractor to the
contrary, the superintendent shall be deemed
Contractor's authorized representative at the site and
shall be authorized to receive and accept any and all
communications from the City or the Engineer.
7.5.2 Key supervisory personnel assigned by
Contractor to this Project are as follows:
NAME FUNCTION
So long as the individuals named above remain
actively employed or retained by Contractor, they
shall perform the functions indicated next to their
names unless the City agrees to the contrary in writing.
In the event one or more individuals not listed above
subsequently assume one or more of those functions
listed above, Contractor shall be bound by the
provisions of this Subparagraph 7.6.2 as though such
individuals had been listed above.
7.6 WORK SCHEDULE
7.6.1 City and Contractor shall develop an
acceptable Baseline Schedule under which Contractor
shall be required to comply in order to achieve
Substantial Completion as set forth under Article III.
7.6.2 Contractor's schedule for completing the
Work and any revised schedules, shall demonstrate
achievement of substantial completion by the
scheduled completion date. Failure by Contractor to
strictly comply with the provisions of this Paragraph
7.6 shall constitute a default and a material breach of
this Contract.
7.7 ON-SITE DRAWINGS
7.7.1 Contractor shall continuously maintain at the
site, for the benefit of the City and the Engineer, one
record copy of this Contract marked to record on a
current basis changes, selections and modifications
made during construction. Additionally, Contractor
shall maintain at the site for the City and Engineer the
approved Shop Drawings, Product Data, Samples and
other similar required submittals. Upon final
completion of the Work, all of these record documents
shall be delivered to the City.
7.8 RECORD DRAWINGS/PLANS, AS -BUILT
PLANS, SHOP DRAWINGS, PRODUCT DATA,
AND SAMPLES
7.8.1 Contractor shall submit, with each
Application for Payment, As -Built plans for any and
each part or portion of the Project that varies from the
Engineer's plans and specifications and the Contract
Documents.
7.8.2 Shop Drawings, Product Data, Samples and
other submittals from Contractor do not constitute
Contract Documents. Their purpose is merely to
demonstrate the manner in which Contractor intends
to implement the Work in conformance with
information received from the Contract Documents.
7.8.3 Contractor shall not perform any portion of
the Work requiring submittal and review of Shop
Drawings, Product Data or Samples unless and until
such submittal shall have been approved by the
Engineer. Approval by the Engineer, however, shall
not be evidence that Work installed pursuant thereto
conforms to the requirements of this Contract.
7.9 CLEANING THE SITE AND THE PROJECT
7.9.1 Contractor shall keep the site reasonably
clean during performance of the Work. Contractor
shall clean the site and the Project and remove all
waste, rubbish, temporary structures, and other
materials during construction and, upon completion of
construction, shall clean the site and remove all such
material together with all of Contractor's property
therefrom. Contractor shall dispose of all refuse at a
landfill approved by the Texas Commission on
Environmental Quality. Contractor shall further
restore all property damaged during the prosecution of
the Work and shall leave the site in a clean and
presentable condition. No additional payment shall be
made by the City for this work, the compensation
having been considered and included in the contract
price.
7.10 ACCESS TO WORK AND INSPECTIONS
7.10.1 The City and Engineer shall have access to
the Work at all times from commencement of the
Work through final completion. Contractor shall take
whatever steps necessary to provide access when
requested. When reasonably requested by the City or
the Engineer, Contractor shall perform or cause to be
performed such testing as may be necessary or
appropriate to insure suitability of the jobsite or the
Work's compliance with the Contract requirements.
7.11 INDEMNITY AND DISCLAIMER
7.11.1 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 CONTRACT AND FROM ANY
LIABILITY ARISING OUT OF OR RESULTING
FROM INTENTIONAL ACTS OR
NEGLIGENCE OF 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.
7.11.2 IT IS THE EXPRESS INTENTION OF
THE PARTIES HERETO, BOTH THE CITY
AND CONTRACTOR, THAT THE INDEMNITY
PROVIDED FOR IN THIS CONTRACT
INDEMNIFIES AND PROTECTS THE CITY
FROM THE CONSEQUENCES OF THE
CONTRACTOR'S OWN NEGLIGENCE.
7.11.3 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
WORK IS BEING DONE. IT IS EXPRESSLY
UNDERSTOOD AND AGREED THAT THE
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.
7.11.4 CONTRACTOR AGREES TO
INDEMNIFY AND SAVE THE CITY
HARMLESS FROM ALL CLAIMS GROWING
OUT OF ANY DEMANDS OF
SUBCONTRACTORS, LABORERS, WORKERS,
MECHANICS, MATERIALMEN, AND
FURNISHERS OF SUPPLIES, EQUIPMENT,
FINANCING OR ANY OTHER GOODS OR
SERVICES, TANGIBLE OR INTANGIBLE.
WHEN THE CITY SO DESIRES, THE
CONTRACTOR SHALL FURNISH
SATISFACTORY EVIDENCE THAT ALL
OBLIGATIONS OF THE NATURE
HEREINABOVE DESIGNATED HAVE BEEN
PAID, DISCHARGED OR WAIVED.
The provisions of this indemnification are solely for
the benefit of the Parties hereto and not intended to
create or grant any rights, contractual or otherwise, to
any other person or entity.
7.11.5 Contractor will secure and maintain
contractual liability insurance to cover this
indemnification agreement that will be primary and
non-contributory as to any insurance maintained by
the City for its own benefit, including self-insurance.
In addition, Contractor shall obtain and file with the
City a standard form Certificate of Insurance
evidencing the required coverage.
7.11.6 In claims against any person or entity
indemnified under this Paragraph 7.11 by an employee
of Contractor, a Subcontractor, anyone directly or
indirectly employed by them or anyone for whose acts
they may be liable, the indemnification obligation
under this Paragraph 7.11 shall not be limited by a
limitation on amount or type of damages,
compensation or benefits payable by or for Contractor
or a Subcontractor under workers' compensation acts,
disability benefit acts or other employee benefit acts.
7.12 NONDISCRIMINATION
7.12.1 Contractor shall not discriminate in any way
against any person, employee or job applicant on the
basis of race, color, creed, national original, religion,
age, sex, or disability where reasonable
accommodations can be affected to enable the person
to perform the essential functions of the job.
Contractor shall further ensure that the foregoing
nondiscrimination requirement shall be made a part
and requirement of each subcontract on this Project.
7.13 PREVAILING WAGE RATES
7.13.1 Contractor shall comply in all respects with
all requirements imposed by any laws, ordinances or
resolutions applicable to the Project with regard to the
minimum prevailing wage rates for all classes of
employees, laborers, subcontractors, mechanics,
workmen and persons furnishing labor and services to
the Project. The City has adopted a Prevailing Wage
Rate Schedule, available to Contractor by request (or
attached to this contract as a part of the exhibits),
which specifies the classes and wage rates to be paid
to all persons. Contractor shall pay not less than the
minimum wage rates established thereby for each
class, craft or type of labor, workman, or mechanic
employed in the execution of this Contract. The
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failure of Contractor to comply with this requirement
shall result in the forfeiture to the City of a sum of not
less than Sixty Dollars ($60.00) for each person per
day, or portion thereof, that such person is paid less
than the prevailing rate. Upon request by the City,
Contractor shall make available for inspection and
copying its books and records, including but not
limited to its payroll records, account information and
other documents as may be required by the City to
insure compliance with this provision.
7.14 JOB SITE SAFETY PRECAUTIONS
7.14.1 Contractor shall at all times exercise
reasonable precautions for the safety of its employees,
laborers, subcontractors, mechanics, workmen and
others on and near the jobsite and shall comply with
all laws, ordinances, regulations, and standards of
federal, state and local safety laws and regulations.
Contractor shall provide such machinery guards, safe
walkways, ladders, bridges, and other safety devices
as may be necessary or appropriate to insure a safe and
secure jobsite and shall require its subcontractors to
comply with this requirement. Contractor shall
immediately comply with any and all safety
requirements imposed by the Engineer during the
progress of the Work.
7.15 WARNING DEVICES AND BARRICADES
7.15.1 Contractor shall furnish and maintain such
warning devices, barricades, lights, signs, pavement
markings, and other devices as may be necessary or
appropriate or required by the Engineer to protect
persons or property in, near or adjacent to the jobsite.
No separate compensation shall be paid to Contractor
for such measures. Where the Work is being
conducted in, upon or near streets, alleys, sidewalks,
or other rights-of-way, Contractor shall ensure the
placement, maintenance and operation of any and all
such warning devices as may be required by the City
and shall do so until no longer required by the City.
Such devices shall be in compliance with and conform
to the manual and specifications for the uniform
system of traffic control devices adopted by the Texas
Department of Transportation.
7.16 PROTECTION OF UTILITIES AND OTHER
CONTRACTORS
7.16.1 Contractor shall use best efforts to leave
undisturbed and uninterrupted all utilities and utility
services provided to the jobsite or which presently
exists at, above or beneath the location where the
Work is to be performed. In the event that any utility
or utility service is disturbed or damaged during the
progress of the Work, Contractor shall forthwith
repair, remedy or restore the utility at Contractor's sole
expense. Contractor shall coordinate any utility
conflicts with the owner of the utility and no extension
of time will be requested or given if adequate
coordination is not provided by Contractor.
7.16.2 Contractor understands and acknowledges
that other contractors of the City or of other entities
may be present at the jobsite performing other work
unrelated to the Project. Contractor shall use best
efforts to work around other contractors without
impeding the work of others while still adhering to the
scheduled completion date. In the event that
Contractor's work is or may be delayed by any other
person, Contractor shall immediately give notice
thereof to the Engineer and shall request a written
Change Order in accordance with the procedures set
forth by this Contract. Contractor's failure to provide
such notice and to request such Change Order shall
constitute a waiver of any and all claims associated
therewith.
ARTICLE VIII
SUBCONTRACTORS
8.1 DEFINITION
8.1.1 A Subcontractor is a person or entity that has
a direct contract with Contractor to perform a portion
of the Work. No Subcontractor shall be in privity with
the City.
8.2 AWARD OF SUBCONTRACTS
8.2.1 Upon execution of the Contract, Contractor
shall furnish the City, in writing, the names of persons
or entities proposed by Contractor to act as a
Subcontractor on the Project. The City shall promptly
reply to Contractor, in writing, stating any objections
the City may have to such proposed Subcontractor.
Contractor shall not enter into a subcontract with a
proposed Subcontractor with reference to whom the
City has made timely objection. Contractor shall not
be required to subcontract with any party to whom
Contractor has objection.
8.2.2 All subcontracts shall afford Contractor
rights against the Subcontractor which correspond to
those rights afforded to the City against Contractor
herein, including those rights afforded to the City by
Subparagraph 8.2.3 below. All subcontracts shall
incorporate by reference the provisions hereof and
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shall provide that no claims, causes or demands shall
be made by any Subcontractor against the City.
8.2.3 Contractor shall indemnify, defend and hold
harmless the City from and against any and all claims,
demands, causes of action, damage, and liability
asserted or made against the City by or on behalf of
any Subcontractor.
ARTICLE IX
CHANGE ORDERS
9.1 CHANGE ORDERS
9.1.1 Changes shall be made only with the prior
approval by the City and by the appropriate written
Change Order from the Project Manager. The Project
Manager may, at any time, by a written Change Order
and, make changes within the general scope of this
Contract. If the change affects the Contractor's costs,
then the Purchasing Manager shall also make an
equitable adjustment in the Contractor's
compensation.
9.2 EXTRA WORK
9.2.1 Contractor shall perform Extra Work in
connection with the Project but not specifically set
forth under this Contract if ordered by the Project
Manager (a) at the price agreed upon before such Extra
Work is commenced and stipulated for in a written
order or (b) at a reasonable cost for such work as
determined by the Project Manager and Contractor.
9.2.2 Contractor shall not claim, request or demand
any sum from the City for Extra Work or for additional
costs, and hereby waives all such claims, requests and
demands and any right to assert same, unless the
conditions of this subparagraph are strictly complied
with. "Extra Work" is defined herein to mean any
labor, service, materials, equipment, supplies or
charges that are directly or indirectly related to the
Work, the Project or the Project site, that is not
authorized in a written order by the Project Manager.
9.2.3 The Parties acknowledge and agree that
there shall be no payment made by the City to
Contractor without a written agreement (either a
separate contract or a written order issued and
authorized by the Project Manager) signed by the
Parties. Should Contractor perform Extra Work or be
requested to perform Extra Work by the Project
Manager, it shall be Contractor's obligation and duty
to first apply for and obtain a written order, approved
and executed by the Project Manager. Contractor's
failure to obtain a written order signed prior to
commencement of Extra Work shall constitute a
complete and final waiver of any right for
compensation for the Extra Work.
ARTICLE X
CONTRACT ADMINISTRATION
10.1 THE ENGINEER
10.1.1 When used in this Contract the term
"Engineer" does not necessarily denote a duly
licensed, trained or certified engineer; as used herein,
the term shall be used interchangeably and shall mean
a designated Engineer, Project Engineer or Contract
Administrator (who may not be an architect or
engineer) for the City, said person to be designated or
re -designated by the City prior to or at any time during
the Work hereunder. The Engineer may be an
employee of the City or may be retained by the City as
an independent contractor but, in either event, the
Engineer's duties and authority shall be as set forth
hereinafter. Contractor understands and agrees that it
shall abide by the decisions and instructions of the
Engineer notwithstanding the contractual relationship
between the City and Engineer, the title of Contract
Administrator, or the fact that the Engineer is an
employee of the City.
10.1.2 In the event the City should find it
necessary or convenient to replace the Engineer, the
City shall retain a replacement Engineer and the status
of the replacement Engineer shall be that of the former
Engineer.
10.2 ENGINEER'S ADMINISTRATION
10.2.1 The Engineer, unless otherwise directed by
the City in writing, will perform those duties and
discharge those responsibilities allocated to the
Engineer as set forth in this Contract.
10.2.2 The Engineer shall be the initial interpreter of
the requirements of the drawings and specifications
and the judge of the performance thereunder by
Contractor. The Engineer shall render written or
graphic interpretations necessary for the proper
execution or progress of the Work with reasonable
promptness on request of Contractor.
10.2.3 The Engineer will review and approve, or
take other appropriate action as necessary, concerning
Contractor's submittals including Shop Drawings,
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Product Data and Samples. Such review, approval or
other action shall be for the sole purpose of
determining conformance with the design concept and
information given through the Contract Documents.
10.2.4 The Engineer shall, upon written request
from Contractor, conduct inspections to determine the
date of Substantial Completion and the date of final
completion, will receive and forward to the City for
the City's review and records, written warranties and
related documents required by this Contract and will
issue a final Certificate for Payment upon compliance
with the requirements of this Contract.
10.2.5 The Engineer's decisions in matters relating
to aesthetic effect shall be final if consistent with the
intent of this Contract.
ARTICLE XI
DEFECTIVE WORK
11.1 DEFECTIVE WORK
11.1.1 Inspection of the Work shall not relieve
Contractor of any of its obligations to perform and
complete the Work as required under this Contract.
Defective work shall be corrected and unsuitable
materials, equipment, apparatus and other items shall
be replaced by Contractor notwithstanding that such
work, materials, equipment, apparatus and other items
may have been previously overlooked or accepted or
estimated for payment. If the Work or any part thereof
shall be found defective at any time before the final
acceptance of the Work, Contractor shall make good
such defect in a manner satisfactory to the Project
Manager. If any material, equipment, apparatus or
other items brought upon the site for use or
incorporation in the Work, or selected for same, is
condemned by the Project Manager as unsuitable or
not in conformity with the specifications or any of the
other Contract Documents, Contractor shall remove
such materials, equipment, apparatus and other items
from the site of the Work and shall at its own cost and
expense, replace the same and any material furnished
by the City which shall be damaged or rendered
defective by the handling or improper installation by
the Contractor, its agents, servants, employees or
subcontractors.
ARTICLE XII
CONTRACT DEFAULT AND TERMINATION
12.1 TERMINATION FOR CONVENIENCE OF CITY
12.1.1 City may terminate all or part of this Contract
upon determining that termination is in the public
interest. Termination under this Article shall be
effective upon delivery of written notice of
termination to Contractor. Upon termination under
this Article, Contractor shall be entitled to payment in
accordance with the terms of this Contract for the
Work completed before termination, and to payment
for all reasonable Contract close-out costs including
reasonable profit to include materials purchased and
work performed. Within thirty (30) days after
termination pursuant to this provision, Contractor shall
submit an itemized invoice for all unreimbursed work
completed before termination and Contract close-out
costs actually incurred by Contractor. City shall not
be liable for any costs invoiced later than thirty (30)
days after termination notice. Contractor is not
entitled to any alleged lost profit on work not
performed but which would have been performed had
this Contract not be terminated.
12.2 TERMINATION FOR DEFAULT
12.2.1 If Contractor refuses or fails to properly
prosecute or perform the Work or any separable part,
with the diligence and good workmanship that will
ensure its completion and acceptance within the time
specified in this Contract including any extension, or
fails to complete the Work within this time, the City
may, by written notice to Contractor, terminate the
right to proceed with the Work (or the separable part
of the Work) that has been delayed or not performed
in a good workmanship like manner. In this event, the
City may take over the Work and complete it by
contract or otherwise, and may take possession of and
use any materials, reports, schedules, appliances, or
other work product necessary for completing the
Work. Contractor and its sureties shall be liable for
any damage to the City resulting from Contractor's
refusal or failure to complete the Work within the
specified time or not performed in a good
workmanship like manner, whither or note
Contractor's right to proceed with the Work is
terminated. This liability includes any increased costs
incurred by the City in completing the Work.
12.2.2 Contractor's right to proceed shall not be
terminated nor Contractor charged with damages
under this Paragraph 12.2, if:
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(a) The delay in completing the Work arises
from unforeseeable causes beyond the
control and without the fault or negligence of
Contractor. Examples of such causes include
(i) acts of God or of the public enemy, (ii)
acts of another contractor in the performance
of a contract with City, (iii) fires, (iv) floods,
(v) epidemics, (vi) quarantine restrictions,
(vii) strikes, (viii) freight embargoes, (ix)
unusually severe weather, or (x) delays of
subcontractors or suppliers at any tier arising
from unforeseeable causes beyond the
control and without the fault or negligence of
both the Contractor and subcontractors or
suppliers;
(b) Contractor, within ten (10) days from the
beginning of any delay (unless extended by
the Project Manager), notifies the Project
Manager in writing of the causes of delay.
The Project Manager shall ascertain the facts
and the extent of delay. If, in the judgment of
the Project Manager, the findings of fact
warrant such action, the time for completing
the Work shall be extended with an
appropriate Contract amendment, the right to
proceed terminated or no action taken by the
Project Manager. The findings of the Project
Manager shall be final and conclusive on the
parties, but subject to Claims; and
(c) Contractor cures such failures to perform
within ten (10) calendar days (or more if
authorized in writing by the Project Manager)
after receipt of the notice of default.
If, after termination of the Contractor's right to
proceed, it is determined that Contractor was not in
default, or that the delay was excusable, the rights and
obligations of the Parties will be the same as if the
termination had been issued for the convenience of
City.
12.3 TERMINATION FOR FORCE MAJEURE
12.3.1 To the extent either Party of this Contract
shall be wholly or partially prevented from the
performance of the term specified, or of any obligation
or duty placed on such Party by reason of or through
work strikes, stoppage of labor, riot, fire, flood, acts of
war, insurrection, court judgment, act of God, or other
specific cause reasonably beyond the Parties' control
and not attributable to its malfeasance, neglect or
nonfeasance. In such event, the time for performance
of such obligation or duty shall be suspended until
such disability to perform is removed.
ARTICLE XIII
INSURANCE
13.1 CONTRACTOR SHALL MAINTAIN
INSURANCE
13.1.1 Contractor at its own expense shall purchase,
maintain and keep in force during the life of this
Contract, adequate insurance that will protect
Contractor and/or any Additional Insured from claims
which may arise out of or result from operations under
this Contract. The insurance required shall provide
adequate protections from all claims, whether such
operations be by Contractor or by any Additional
Insured or by any Subcontractor or by anyone directly
or indirectly employed by any of them, or by anyone
whose acts of any of them may be liable and from any
special hazards, such as blasting, which may be
encountered in the performance of this contract in the
amounts as shown in Exhibit "A".
13.1.2 Contractor shall not commence Work on the
Project until Contractor has obtained all the insurance
required under this Paragraph and such insurance has
been approved by the City.
13.2 TYPES AND AMOUNTS OF CONTRACTOR'S
INSURANCE
13.2.1 Contractor shall furnish and maintain during
the life of this Contract adequate Worker's
Compensation and Commercial General Liability
(Public) Insurance in such amounts as set forth in
Exhibit "A".
13.3 CERTIFICATE OF INSURANCE
13.3.1 Proof that the insurance is in force shall be
furnished to the City on Standard Certificate of
Insurance Forms. Contractor shall provide Certificates
of Insurance verifying Contractor has obtained the
required insurance coverage to the City prior to
commencement of the Work. In the event any
insurance policy shown on a Certificate of Insurance
has an expiration date that is prior to the completion
and final acceptance of the project by the City,
Contractor shall furnish the City proof of identical
continued coverage no later than thirty (30) days prior
to the expiration date shown on the Certificate of
Insurance.
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ARTICLE XIV
MISCELLANEOUS
14.1 LAWS AND ORDINANCES
14.1.1 Contractor shall at all times and in all respects
observe and comply with all federal, state and local
laws, ordinances, and regulations applicable to the
Project and Work. Contractor shall further ensure that
all Subcontractors observe and comply with said laws,
ordinances and regulations.
14.2 GOVERNING LAW
14.2.1 The Contract shall be governed by the laws
of the State of Texas. Exclusive venue for any causes
of action arising under the terms or provisions of this
Contract or the Work to be performed hereunder shall
be in the state courts of Dallas County, Texas.
14.3 SUCCESSORS AND ASSIGNS
14.3.1 City and Contractor bind themselves, their
successors, assigns and legal representatives to the
other Party hereto and to successors, assigns and legal
representatives of such other Party in respect to
covenants, agreements and obligations contained in
this Contract. Contractor shall not assign this Contract
without written consent of the City.
14.4 SURETY BONDS
14.4.1 Prior to commencement of the Work,
Contractor shall furnish separate performance and
payment bonds to the City for the Project, to guaranty
full and faithful performance of the Contract by
Contractor and the full and final payment of all
persons supplying labor or materials to the Project
pursuant to Chapter 2253, Texas Government Code.
Each bond required by the bid documents or state
statute shall set forth a penal sum in an amount not less
than the full Contract Price. Each bond furnished by
Contractor shall incorporate by reference the terms of
this Contract as fully as though they were set forth
verbatim in such bonds. In the event the Contract
Price is adjusted by Change Order executed by
Contractor, the penal sum of both the performance
bond and the payment bond shall be deemed increased
by like amount. The performance and payment bonds
furnished by Contractor shall be in form suitable to the
City and shall be executed by a surety, or sureties,
reasonably suitable to the City and authorized to do
business in the State of Texas.
14.4.2 Contractor, prior to Substantial Completion
of the Work, shall furnish to the City a two-year
maintenance bond in the amount of one hundred
percent (100%) of the Contract Price covering the
guaranty and maintenance prescribed herein, written
by an approved surety authorized and duly licensed to
conduct business in the State of Texas. The cost of
said maintenance bond shall be included in
Contractor's unit bid prices and shall be paid by
Contractor.
14.5 FORCE MAJEURE
14.5.1 As used herein, "force majeure" means
an incident, situation, or act of a third -party that is
beyond a party's reasonable control such as an act of
God, an act of the public enemy, strikes or other labor
disturbances (other than strikes within such party's
own labor force), hurricanes, earthquakes, fires,
floods, epidemics, embargoes, war, and riots.
Contractor will not be liable or responsible for its
failure to perform any obligation under this Contract
because of an event of Force Majeure, provided,
however, that Contractor submits notice thereof to the
City within seven (7) days of such an event, obtains a
written Change Order, signed by all parties, that
allows an extension of the scheduled completion date,
and identifies the specific causes and number of days
in the Statement of Delay submitted with the next
ensuing Application for Payment. Notwithstanding, if
Contractor's failure to perform continues for more
than twenty (20) calendar days, the City may at its
option terminate this Contract immediately and pursue
such rights and remedies as may be allowed under
Subparagraph 12.2.2 of this Contract.
14.6 IMMUNITIES; DEFENSES
14.6.1 Nothing in this Contract shall be deemed
to waive any immunity, sovereign, governmental,
official, qualified or otherwise, from liability or suit,
which the City may have or assert, except as may be
provided by law, all such immunities being hereby
expressly retained.
14.7 NO RIGHTS IN THIRD PARTIES
14.7.1 The indemnification provisions of this
Contract and the rights and remedies afforded herein
are solely for the benefit of the Parties to this Contract.
Nothing in this Contract is intended nor shall be
construed to grant, create or confer any right, benefit,
interest or cause of action in any person not a Party to
this Contract, or to the public in general.
15
14.8 SEVERABILITY
14.8.1 The provisions of this Contract are
herein declared to be severable; in the event that any
term, provision or part hereof is determined to be
invalid, void or unenforceable, such determination
shall not affect the validity or enforceability of the
remaining terms, provisions and parts, and this
Contract shall be read as if the invalid, void or
unenforceable portion had not been included herein.
14.9 AMENDMENTS; NO WAIVER
14.9.1 This Contract may be amended by the
Parties only by a written agreement duly executed by
both Parties. The failure of the City to object to any
nonperformance or nonconforming work or to enforce
any provision hereof shall in no event be regarded as
or construed to be a waiver, release or modification of
any term or provision in this Contract, nor shall such
failure to object or enforce estop the City from
insisting on strict compliance with this Contract or
from recovering damages, costs or expenses arising as
a result of such nonperformance or nonconforming
work.
14.10 NOTICES
14.10.1 All notices required by this Contract
shall be in writing and presumed received when
deposited in the mail properly addressed to the other
Party at the address set forth herein or set forth in a
written designation of change of address delivered to
all Parties.
If intended for City: With Copy to:
Mike Land
Robert E. Hager
City Manager
Nichols, Jackson, Dillard,
City of Coppell
Hager & Smith, L.L.P.
225 Parkway Blvd.
1800 Ross Tower
Coppell, Texas, 75019
500 North Akard
Dallas, Texas 75201
If intended for Contractor:
Knight Erosion Control, Inc.
d/b/a KEC Retaining Walls and Construction
Attn: Russ Hergesel
1222 Corporate Drive W, Ste. F
Arlington, Texas 76006Curtis J. Green
14.11 PROHIBITION OF BOYCOTT ISRAEL
14.11.1 Contractor verifies that it does not
Boycott Israel and agrees that during the term of this
Contract will not Boycott Israel as that term is defined
in Texas Government Code Section 808.001, as
amended.
[Signature Page to Follow]
16
EXECUTED this day of , 2021.
CITY OF COPPELL, TEXAS
0
Approved as to form:
IM
Robert E. Hager, City Attorney
(06-04-202 LTM 122871)
Mike Land, City Manager
EXECUTED this day of , 2021.
KNIGHT EROSION CONTROL, INC.
D/B/A KEC RETAINING WALLS AND
CONSTRUCTION
By:
Name:
Title:
17
EXHIBIT "A"
City's Invitation to Bid No. Q-0521-01 "Grapevine Springs Park Canal Wall"
18
BID #Q-0521-01
Grapevine Springs Park Canal Wall
T H E - C [ T Y - 0 F
COPPELL
A 5 5 'a
INVITATION TO BID
INSTRUCTIONS/ SPECIFICATIONS
FOR
GRAPEVINE SPRINGS PARK CANAL WALL
Bid No. Q-0521-01
PER
THE CITY OF COPPELL SPECIFICATIONS
AT
THE CITY OF COPPELL
TOWN CENTER
PROCUREMENT SERVICES DEPARTMENT
OPENING DATE:
THURSDAY, MAY 6,2021,2:00 p.m.
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019
BID #Q-0521-01 Grapevine Springs Park Canal Wall
T H E - C [ T Y - 0 F
COPPELL
R R 5 'u
INVITATION TO BID
Return Bid To: City of Coppell
Procurement Services Department
255 Parkway Blvd.
Coppell, Texas 75019
The enclosed Invitation to Bid and accompanying Specifications with Bid Sheets are for your convenience
in bidding the enclosed referenced products and/or services for the City of Coppell. Sealed bids shall be
received 1M1aLa Lh=: 2:00 p.m., Thursday, May 6, 2021, CST at: 255 Parkway Blvd, Coppell, TX 75019.
PRE-BID MEETING
A Pre -Bid meeting, which includes a virtual environment, will be held at 2:00 p.m., CST,
Thursday, April 29, 2021, at the City of Coppell, 255 Parkway Blvd, Coppell, TX 75019. The
city is following social distancing protocols, and face masks are required to be worn in the
building. Please see Zoom information below for the Pre -Bid and Bid Open meetings.
Pre -Bid meeting — April 29, 20212:00 p.m.
Join Zoom
htti)s://usO2web.zoom.us/webinar/reRister/WN tZOsGLOiSfWuCZ9Mx271HA
Bid Open — May 6, 20212: 00 p.m.
Join Zoom
htti)s://usO2web.zoom.us/webinar/reRister/WN zPBNhR0RCGRZY2fhlboEA
Please reference Bid No. Q-0521-01 Grapevine Springs Park Canal Wall, in all correspondence
pertaining to this bid and affix this number to outside front of bid envelope for identification. All bids shall
be to the attention of the Procurement Services Department.
The City of Coppell appreciates your time and effort in preparing a bid. Please note that all bids must be
received at the designated location by the deadline shown. Bids received after the deadline will be
returned unopened and shall be considered void and unacceptable. Bid opening is scheduled to be held at
255 Parkway Boulevard, Coppell, Texas. You are invited to attend.
Awards should be made approximately three weeks following the bid opening date. To obtain results, or
if you have any questions, please contact the Procurement Services Department at 972-304- 3698.
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 2
BID #Q-0521-01
Grapevine Springs Park Canal Wall
T H E - G [ T Y - 0 F
COPPELL
A 5 i 'a
#Q-0521-01 Grapevine Springs Park Canal Wall
Closing Date & Time: Thursday, May 6, 2021 @ 2:00 p.m.
(CST)
Solicitation Schedule
Dates
Bid Issued
04/16/21
Pre -Bid Conference
04/29/21 — 2:00 p.m.
Sealed Bids Due to the City
05/06/21 — 2:00 p.m.
All times and dates are CST.
Vendor Inauiries
Questions related to this Bid should be submitted via www.bidsvnc.com
Contact with anv Dersonnel of the Citv. other than the Procurement Services staff or via
BidSvnc. reaardina this Reauest for Bid may be arounds for elimination from the selection
process.
ANY QUESTIONS concerning this Request For Bid can be directed to the Procurement
Services Department at 972-304-3698.
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 3
BID #Q-0521-01 Grapevine Springs Park Canal Wall
INVITATION TO BID
INSTRUCTIONS/TERMS OF CONTRACT
BID No. Q-0521-01
By order of the City Council of the City of Coppell, Texas, sealed bids will be received for:
GRAPEVINE SPRINGS PARK CANAL WALL
IT IS UNDERSTOOD that the City Council of the City of Coppell, Texas reserves the right to reject any
and/or all bids for any/or all products and/or services covered in this bid request and to waive informalities
or defects in bids or to accept such bids as it shall deem to be in the best interests of the City of Coppell.
BIDS MUST BE submitted on the pricing forms included for that purpose in this packet. Each bid shall
be placed in a separate sealed envelope, with each page manually signed by a person having the
authority to bind the firm in a Contract and marked clearly on the outside as shown below. FACSIMILE
TRANSMITTALS SHALL. NOT BE AC'C'EPTED!
SUBMISSION OF BIDS: Sealed bids shall be submitted no later than, 2:00 a.m., Thursday,
May 6, 2021 to the address as follows:
City of Coppell
Procurement Services Department
255 Parkway Blvd.
Coppell, Texas 75019
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 4
BID #Q-0521-01 Grapevine Springs Park Canal Wall
PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans with Disabilities Act of
1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative
services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of
Coppell sponsored public programs, services, and/or meetings, the City requests that individuals makes
requests for these services (72) (3) (hfiYs 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).
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 5
BID #Q-0521-01 Grapevine Springs Park Canal Wall
FUNDING: Funds for payment have been provided through the City of Coppell budget approved by the
City Council for this fiscal year only. State of Texas statutes prohibit the obligation and expenditure of
public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or
other obligations that may arise past the end of the current fiscal year shall be subject to budget approval.
LATE BIDS: Bids received in the City of Coppell Procurement Services Department after submission
deadline will be considered void and unacceptable. The City of Coppell is not responsible for lateness or
non-delivery of mail, carrier, etc., and the date/time stamp in the Procurement Services Department shall
be the official time of receipt.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineation,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
WITHDRAWAL OF BID: A bid may not be withdrawn or canceled by the Bidder without the permission
of the City for a period of ninety (90) days following the date designated for the receipt of bids, and Bidder
so agrees upon submittal of their bid.
SALES TAX: The City of Coppell is exempt by law from payment of Texas State Sales Tax and Federal
Excise Tax. Bidder shall include any sales taxes from concession sales of taxable items on City property
in the total price of the sale and shall be responsible to report and pay such taxes in a timely manner.
BID AWARD: The City reserves the right to award any combination of the sections as is deemed in the
best interest of the City. The City also reserves the right to not award one or none of the sections.
CONTRACT: This bid, when properly accepted by the City of Coppell, shall constitute a Contract equally
binding between the successful Bidder and the City. No different or additional terms will becomea part of
this Contract with the exception of Change Orders.
CHANGE ORDERS: No oral statement of any individual shall modify or otherwise change, or affect the
terms, conditions or Specifications stated in the resulting Contract. All Change Orders to the Contract will
be made in writing by the City's Purchasing Agent.
IF DURING THE life of the Contract, the successful Bidder's net prices to other customers for items
awarded herein are reduced below the Contracted price, it is understood and agreed that the benefits of such
reduction shall be extended to the City of Coppell.
A PRICE redetermination may be considered by the City only at the anniversary date of the Contract and
shall be substantiated in writing (i.e., Manufacturer's direct cost, postage rates, Railroad Commission
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 6
BID #Q-0521-01 Grapevine Springs Park Canal Wall
rates, Wage/Labor rates, etc.). The Bidder's past history of honoring Contracts at the bid price will be an
important consideration in the evaluation of the lowest and best bid. The City reserves the right to accept
or reject any/all of the price redetermination as it deems to be in the best interest of the City.
DELIVERY.• all delivery and freight charges (F.O.B. City of Coppell) are to be included in the bid price.
DELIVERY TIME: Bids shall show number of days required to place goods ordered at the City's
designated location. Failure to state delivery time may cause bid to be rejected. Successful Bidder shall
notify the Procurement Services Department immediately if delivery schedule cannot be met. If delay is
foreseen, successful Bidder shall give written notice to the Procurement Services Department. The City has
the right to extend delivery time if reason appears valid. Successful Bidder must keep the Procurement
Services Department advised at all times of the status of the order.
CONFLICT OF INTEREST: No public official shall have interest in this Contract, in accordance with
Vernon's Texas Codes Annotated, Local Government Code Title 5. Subtitle C, Chapter 171.
DISCLOSURE OF CERTAIN RELATIONSHIPS Effective January 1, 2006, Chapter 176 of the Texas
Local Government Code requires that any vendor or person considering doing business with a local
government entity disclose in the Questionnaire Form CIQ, the vendor or person's affiliation or business
relationship that might cause a conflict of interest with a local government entity. By law, this questionnaire
must be filed with the records administrator of the City of Coppell not later than the 7t' business day after
the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local
Government Code. A person commits an offense if the person violates Section 176.006, Local Government
Code. An offense under this section is a Class C misdemeanor.
ETHICS: The Bidder shall not offer or accept gifts of anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Coppell.
EXCEPTIONS/SUBSTITUTIONS: All bids meeting the intent of this Invitation to Bid will be considered
for award. Bidders taking exception to the Specifications, or offering substitutions, shall state these
exceptions in the section provided or by attachment as part of the bid. In the absence of such, a list shall
indicate that the Bidder has not taken exceptions and shall hold the Bidder responsible to perform in strict
accordance with the Specifications of the Invitation. The City of Coppell reserves the right to accept any
and all, or none, of the exception(s)/ substitution(s) deemed to be in the best interest of the City.
ADDENDA: Any interpretations, corrections or changes to this Invitation to Bid and Specifications will
be made by addenda. Sole issuing authority of addenda shall be vested in the City of Coppell Procurement
Services Department. Addenda will be mailed to all who are known to have received a copyof this Invitation
to Bid. Bidders shall acknowledge receipt of all addenda.
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 7
BID #Q-0521-01 Grapevine Springs Park Canal Wall
DESCRIPTIONS: Any reference to model and/or make/manufacturer used in bid Specifications will be
made by addenda. Sole issuing authority of addenda shall be vested in the City's Procurement Services
Department. Bidders shall acknowledge receipt of all addenda.
BID MUST COMPLYwith all federal, state, county, and local laws concerning these types of service(s).
DESIGN, STRENGTH, QUALITY of materials must conform to the highest standards of manufacturing
and engineering practice.
All items supplied against credit must be new and unused, unless otherwise specified, in first-class condition
and of current manufacturer.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective Bidder
must affirmatively demonstrate Bidder's responsibility. A prospective Bidder must meet the following
requirements:
1. Have adequate financial resources, or the ability to obtain such resources as required.
2. be able to comply with the required or proposed delivery schedule.
3. have a satisfactory record of performance.
4. have a satisfactory record of integrity and ethics.
5. be otherwise qualified and eligible to receive an award.
The City may request representation and other information sufficient to determine Bidder's ability to meet
these minimum standards listed above.
REFERENCES: The City requests Bidder to supply, with this Invitation to Bid, a list of at least three (3)
references where like products and/or services have been supplied by their firm. Include name of firm,
address, telephone number and name of representative.
BIDDER SHALL PROVIDE with this bid response, all documentation required by this Invitation to Bid.
Failure to provide this information may result in rejection of bid.
SUCCESSFUL BIDDER SHALL defend, indemnify and save harmless the City of Coppell and all its
officers, agents and employees from all suits, actions, or other claims of any character, name anddescription
brought for or on account of any injuries or damages received or sustained by any person, persons, or
property on account of any negligent act or fault of the successful Bidder, or of any agent, employee,
subcontractor or supplier in the execution of, or performance under, any Contract which may result from
bid award. Successful Bidder indemnifies and will indemnify and save harmless the City from liability,
claim or demand on their part, agents, servants, customers, and/or employees whether such liability, claim
or demand arise from event or casualty happening or within the occupied premises themselves or happening
upon or in any of the halls, elevators, entrances, stairways or approaches of or tothe facilities within which
the occupied premises are located. Successful Bidder shall pay any judgment
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 8
BID #Q-0521-01 Grapevine Springs Park Canal Wall
with costs which may be obtained against the City growing out of such injury or damages. 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.
WAGES: Successful Bidder shall pay or cause to be paid, without cost or expense to the City of Coppell,
all Social Security, Unemployment and Federal Income Withholding Taxes of all such employees and all
such employees shall be paid wages and benefits as required by Federal and/or State Law.
TERMINATION OF CONTRACT: This Contract shall remain in effect until Contract expires, delivery
and acceptance of products and/or performance of services ordered or terminated by either party with a
thirty (3 0) day written notice prior to any cancellation. The successful Bidder must state therein the reasons
for such cancellation. The City of Coppell reserves the right to award canceled Contract to next lowest and
best Bidder as it deems to be in the best interest of the City of Coppell.
TERMINATION FOR DEFAULT: The City of Coppell reserves the right to enforce the performance of
this Contract in any manner prescribed by law or deemed to be in the best interest of the City in the event
of breach or default of this Contract. The City of Coppell reserves the right to terminate the Contract
immediately in the event the successful Bidder fails to:
1. Meet schedules:
2. defaults in the payment of any fees; or
3. otherwise perform in accordance with these Specifications.
Breach of Contract or default authorizes the City of Coppell to exercise any or all of the following rights:
The City may take possession of the assigned premises and any fees accrued or becoming due to
date.
2. the City may take possession of all goods, fixtures and materials of successful Bidder therein and
may foreclose its lien against such personal property, applying the proceeds toward fees dueor
thereafter becoming due.
In the event the successful Bidder shall fail to perform, keep or observe any of the terms and conditions to
be performed, kept or observed, the City shall give the successful Bidder written notice of such default; and
in the event said default is not remedied to the satisfaction and approval of the city within two (2) working
days of receipt of such notice by the successful Bidder, default will be declared and all the successful
Bidder's rights shall terminate.
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 9
BID #Q-0521-01 Grapevine Springs Park Canal Wall
Bidder, in submitting this bid, agrees that the City of Coppell shall not be liable to prosecution for damages
in the event that the City declares the Bidder in default.
NOTICE: Any notice provided by this bid (or required by law) to be given to the successful Bidder by the
City of Coppell shall conclusively deemed to have been given and received on the next day after such
written notice has been deposited in the mail in the City of Coppell, Texas by Registered or Certified Mail
with sufficient postage affixed thereto, addressed to the successful Bidder at the address so provided;
provided this shall not prevent the giving of actual notice in any other manner.
PATENTS/COPYRIGHTS: The successful Bidder agrees to protect the City of Coppell from claims
involving infringement of patents and/or copyrights.
CONTRACT ADMINISTRATOR: Under this Contract, the City of Coppell may appoint a Contract
Administrator with designated responsibility to ensure compliance with Contract requirements, such as but
not limited to, acceptance, inspection and delivery. The Contract Administrator will serve as liaison
between the City of Coppell Purchasing Department (which has the overall Contract Administration
responsibilities) and the successful Bidder.
PURCHASE ORDER: A Purchase Order(s) shall be generated by the City of Coppell to the successful
Bidder. The Purchase Order number must appear on all itemized invoices and packing slips. The City of
Coppell will not be held responsible for any orders placed/delivered without a valid current Purchase Order
number.
PACKING SLIPS or other suitable shipping documents shall accompany each special order shipment and
shall show: (a) name and address of successful Bidder, (b) name and address of receiving department and/or
delivery location, (c) Purchase Order number, and (d) descriptive information as to the item(s) delivered,
including product code, item number, quantity, number of containers, etc.
INVOICES shall show all information as stated above, shall be issued for each Purchase Order and shall
be mailed directly to the City of Coppell Finance/Accounts Payable Department, 255 Parkway Blvd.,
Coppell, Texas 75019.
PAYMENT will be made upon receipt and acceptance by the City of Coppell for any item(s) ordered and
receipt of a valid invoice, in accordance with the State of Texas Prompt Payment Act, Article 601f
V.T.C.S. Successful Bidder(s) required to pay subcontractors within ten (10) days.
ITEMS supplied under this Contract shall be subject to the City's approval. Items found defective or not
meeting Specifications shall be picked up and replaced by the successful Bidder at the next service date at
no expense to the City of Coppell. If item is not picked up within one (1) week after notification, the item
will become a donation to the City for disposition.
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 10
BID #Q-0521-01
Grapevine Springs Park Canal Wall
SAMPLES: When requested, samples shall be furnished free of expense to the City of Coppell.
WARRANTY. • Successful Bidder shall warrant that all items/services shall conform to the proposed
Specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects
in material, workmanship and title. A copy of the warranty for each item being bid must be enclosed. Failure
to comply with the above requirements for literature and warranty information could cause bid to be
rejected.
REMEDIES: The successful Bidder and the City of Coppell agree that both parties have all rights, duties
and remedies available as stated in the Uniform Commercial Code.
VENUE: This Agreement will be governed and construed according to the laws of the State of Texas. This
Agreement is performable in the City of Coppell, Texas.
ASSIGNMENT: The successful Bidder shall not sell, assign, transfer or convey this Contract, in whole or
in part, without prior written consent of the City of Coppell.
SPECIFICATIONS and model numbers are for description only. Bidder may bid on description only.
Bidder may bid on alternate model but must clearly indicate alternate model being bid. Bidder must enclose
full descriptive literature on alternate item(s).
SILENCE OF SPECIFICATION: The apparent silence of these Specifications as to any detail or to the
apparent omission of a detailed description concerning any point, shall be regarded as meaning that only
the best commercial practices are to prevail. All interpretations of these Specifications shall be made on the
basis of this statement.
Each insurance policy to be furnished by successful Bidder shall include, by endorsement to the policy, a
statement that a notice shall be given to the City of Coppell by Certified Mail thirty (30) days prior to
cancellation or upon any material change in coverage.
BID NOTIFICATION: City of Coppell utilizes the following procedures for notification of bid
opportunities: www.bidsync.com and the Coppell Citizens Advocate. These are the only forms of
notification authorized by the city. Coppell shall not be responsible for receipt of notification and
information from any source other than those listed. It shall be the vendor's responsibility to verify the
validity of all bid information received by sources other than those listed.
EMPLOYMENT ELIGIBILITY VERIFICATION: The Immigration Reform and Control Act of 1986
(IRCA) makes it illegal for employers to knowingly hire or recruit immigrants who do not possess lawful
work authorization and requires employers to verify their employees' work eligibility on a U.S. Department
of Justice form I-9. The contractor/vendor warrants that contractor/vendor is in compliance with IRCA and
will maintain compliance with IRCA during the term of the contract with the city.
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 11
BID #Q-0521-01
Grapevine Springs Park Canal Wall
Contractor/vendor warrants that contractor/vendor has included or will include a similar provision in all
written agreements with any subcontractors engaged to perform services under this contract.
ENVIRONMENTALLYPREFERABLE PRODUCTS AND SERVICES: Bidders are encouraged to offer
Energy Star, GreenSeal, EcoLogo and/or EPEAT certified products. The city also encourages bidders to
offer products and services that are produced or delivered with minimal use of virgin materials and
maximum use of recycled materials and reduce waste, energy usage, water utilization and toxicity in the
manufacture and use of products.
ANY QUESTIONS concerning this Invitation to Bid, and Specifications should be directed to the
Procurement Services Department at 972-304-3698.
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 12
BID #Q-0521-01 Grapevine Springs Park Canal Wall
COOPERATIVE PURCHASING
As permitted under Government Code, Title 7, Chapter 791.025, other governmental
entities may wish to cooperatively purchase under the same terms and conditions
contained in this contract (piggyback). Each entity wishing to piggyback must have
prior authorization from the City of Coppell and Contractor. If such participation is
authorized, all purchase orders will be issued directly from and shipped directly to
the entity requiring supplies/services. The City of Coppell shall not be held
responsible for any orders placed, deliveries made, or payment for supplies/services
ordered by these entities. Each entity reserves the right to determine their
participation in this contract.
IS YOUR FIRM WILLING TO ALLOW OTHER GOVERNMENTAL ENTITIES TO
UTILIZE THIS CONTRACT, IF AWARDED, UNDER THE SAME TERMS AND
CONDITIONS?
YES NO
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 13
BID #Q-0521-01 Grapevine Springs Park Canal Wall
CERTIFICATIONS AND REPRESENTATIONS
MMBE STATUS
IS CERTIFIED AS A:
(CHECK ONE, IF APPLICABLE)
DISADVANTAGED BUSINESS ENTERPRISE
MINORITY-OWNED BUSINESS ENTERPRISE
WOMEN -OWNED BUSINESS ENTERPRISE
PLEASE ATTACH OFFICIAL DOCUMENTATION FROM THE STATE OF TEXAS OR
OTHER QUALIFIED CERTIFICATION AGENCY OF M/WBE STATUS OF YOUR
COMPANY WITH THIS BID/PROPOSAL.
*****NOTE*****
THIS DATA IS REQUESTED FOR INFORMATIONAL PURPOSES ONLY AND WILL
NOT AFFECT THE PROPOSAL AWARD.
(SUBMISSION OF THIS INFORMATION IS NOT A REQUIREMENT.)
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 14
BID #Q-0521-01 Grapevine Springs Park Canal Wall
IMPLEMENTATION OF HOUSE BILL 1295
Certificate of Interested Parties (Form 1295):
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908
of the Government Code. The law states that a governmental entity or state agency
may not enter into certain contracts with a business entity unless the business entity
submits a disclosure of interested parties to the governmental entity or state agency at
the time the business entity submits the signed contract to the governmental entity or
state agency. The law applies only to a contract of a governmental entity or state agency
that either (1) requires an action or vote by the governing body of the entity or agency
before the contract may be signed or (2) has a value of at least $1 million. The disclosure
requirement applies to a contract entered into on or after January 1, 2016.
The Texas Ethics Commission was required to adopt rules necessary to implement that
law, prescribe the disclosure of interested parties form, and post a copy of the form on
the commission's website. The commission adopted the Certificate of Interested Parties
form (Form 1295) on October 5, 2015. The commission also adopted new rules (Chapter
46) on November 30, 2015, to implement the law. The commission does not have any
additional authority to enforce or interpret House Bill 1295.
The form may be obtained and completed at
https-//www.ethics.state.tx.us/Whatsnew/elf—info—form1295.htm
*Please note that this form must be completed once the contract is awarded and
before contract is executed.
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 15
(Company or Business
name)
(hereafter referred to as company)
being an adult over the age of eighteen (18) years of age, do hereby depose and verify under oath
that the company named -above, under the provisions of Subtitle F, Title 10, Government Code
Chapter 2270:
City of Coppell, TX
Procurement Services
HOUSE BILL 89 VERIFICATION
(Person name), the undersigned representative of
1. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract the above-named
Company, business or individual with the City of Coppell acting by and through City of
Coppell.
Pursuant to Section 2270.001, Texas Government Code:
1. `Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise
taking any action that is intended to penalize, inflict economic harm on, or limit commercial
relations specifically with Israel, or with a person or entity doing business in Israel or in an
Israeli -controlled territory, but does not include an action made for ordinary business
purposes; and
2. "Company" means a for profit sole proprietorship, organization, association, corporation,
partnership, joint venture, limited partnership, limited liability partnership, or any limited
liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent
company or affiliate of those entities or business associations that exist to make a profit.
DATE
SIGNATURE OF COMPANY
REPRESENTATIVE
BID #Q-0521-01 Grapevine Springs Park Canal Wall
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:
Worker's Compensation
Commercial General
Liability (Public)
Owner's Protective
Liability Insurance
Excess/Umbrella Liability
Endorsement CG 2503
Automobile Liability
ADDITIONAL INSURED
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
BID #Q-0521-01 Grapevine Springs Park Canal Wall
Com aanny Information
Company Name:
Address:
Phone Number:
Fax Number:
Contact Person:
E-mail Address:
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 17
T H E - c r r Y - o F
COPPELL
l`
�ZM' *'
BID #Q-0521-01
GRAPEVINE SPRINGS PARK CANAL WALL
(SPECIFICATIONS/SCOPE OF WORK)
ONE (1) PAPER COPY AND A DIGITAL MEDIA COPY (ex., flash drive) MUST
BE RETURNED TO THE PROCUREMENT SERVICES DEPARTMENT NO
LATERTHAN2:00 p.m., THURSDAY, MAY 6, 2021, CST.
CPL 19187 PROPOSAL FORM EXHIBIT'A'
Grapevine Springs Park Canal Wall
City of Coppell
Item
Estimated
Unit
Item Description
Unit Price
Total Amount Bid
No.
Quantity
Total Unit Price Written in Words
1
1
LS
Site Preparation/Mobilization
Dollars and
Cents
Per Lump Sum
$
$
2
1
LS
Clear, Grade, and Prepare Construction Access Road
Dollars and
Cents
Per Day
$
$
3
1
EA
Temporary Creek Diversion Structure
Dollars and
Cents
Per Linear Foot
$
$
4
1
LS
Remove Existing Concrete Division Wall
Dollars and
Cents
Per Linear Foot
$
$
5
1
LS
Dewater Existing Canal (allowance if needed)
Dollars and
Cents
Per Linear Foot
$
$
Canal Wall Improvements
Grapevine Springs Park
Proposal Form Exhibit 'A' - 1
CPL 19187 PROPOSAL FORM EXHIBIT'A'
Grapevine Springs Park Canal Wall
City of Coppell
Item
Estimated
Unit
Item Description
Unit Price
Total Amount Bid
No.
Quantity
Total Unit Price Written in Words
6
450
SY
Grapevine Creek Channel Clearing and Restoration
Dollars and
Cents
Per Linear Foot
$
$
7
428
SF
Repair Historic Masonry Walls
Dollars and
Cents
Per Linear Foot
$
$
8
150
SF
Allowance for Historic Wall Repairs below Water Line
Dollars and
Cents
Per Ton
$
$
9
105
CY
3'x3' Gabion Baskets
Dollars and
Cents
Per Each
$
$
10
220
SY
18" Gabion Mattress
Dollars and
Cents
Per Each
$
$
Canal Wall Improvements
Grapevine Springs Park
Proposal Form Exhibit 'A' - 2
CPL 19187 PROPOSAL FORM EXHIBIT'A'
Grapevine Springs Park Canal Wall
City of Coppell
Item
Estimated
Unit
Item Description
Unit Price
Total Amount Bid
No.
Quantity
Total Unit Price Written in Words
11
182
LF
Construct Concrete Diversion Wall
Dollars and
Cents
Per Each
$
$
12
1
LS
Site Restoration & Sodding
Dollars and
Cents
Per Each
$
$
13
20
EA
Tree Protection (allowance if needed)
Dollars and
Cents
Per Each
$
$
14
1
LS
Project Allowance
Dollars and
Cents
Per Each
$ 15,000.00
$ 15,000.00
Total Base Bid
Dollars and
Cents $
Construction Time: Offeror shall complete the work within 185 calendar days from
notice to proceed to substantial completion.
Canal Wall Improvements
Grapevine Springs Park
Proposal Form Exhibit 'A' - 3
EXHIBIT `B"
Contractor's Response to Bid No. Q-0521-01
19
BID -0521- 1
Grapevine Springs Park Canal all
T H E C I T Y
... ....... .. ......
A# --N
uurFELL
INVITATION1`0 BID
INS" RUC1710INS/ SPEC I FICATI()INS
FOR
GRAPEVINE SPRINGS PARK CANAL, WALL
Bid No. Q-.0521-01
PER
(ATY OF (70PPELL SPECIFICA,rIONS
A'f
`FHE FF%'0F(.",'0PPELL
TOWN CENTEX
PROCUREMENTSERVICES DEPAR'l INIEN1'
OPENING DATT:
THURSDAY, MAY6,2021,2-00 pm.
_77�
CITY OF COPPELL. . PROCUREMENT SERVICES DEPARTMENT -� 255 PARKWAY BOVARD UL.r- COPPELL,TEXAS 75019
Bid #Q-0521 -01 GRAPEVINE SPRiNG-S- PA'R'K-CAN',A'L,'WAL,L-
"I"RANSMI"I'TAL OFADDEADUAl 1
INSTRuc,rIQNS:
I. AC7KNOWLEDCOT RECEI PT OF ADDENDU N/1 UN PROPOSAL, ON 01JTER
I -acknowledge the receipt of Addendum No. I
("Ity of Coppell
PROJECTNANIL,
5prjlkg,� [lark, Canal Wall
Imsommm
HARLESELLIS
l�R,O(.,111.R,-EMEN"I'SERVI("Igip S DEPARI'M ENT'
(972) 304-3643
Page I of 2
CITY OF COPPELL * 255 11AMOVAY BOULEVARD 0 COPPELI,TEXAS 75019
--- ------------ -
Bid :#Q-0521 .01 GRAPEVINE SPIMNGS PARK CA14 WALL
Addendum I notle:
Addendum includes a new grouted rock riprap and Curlex mat bid items.
'I I he page f6oler is annotated as "'REVISTJ)" tO ChStillgUiSh il lrom ffie original,
Page 2 Of 2
CH V OFCO P PELT, * 255 0 COPPEL1,11"XAS 75019
CPL 1
1 7
PROPOSAL FORM EXHIBITA'
Grapevine Springs Park anal Wall
Item
Estimated
r t
Item Description
Unit Prose Total Amount Bid
.
uan!!t
'rot's i Unit Price Written in orris
1
1
i -S
;site Ereparatio r /Mobilization
.w
mm . ��........� _...w.__..�..r. ��,.......,.t"r�llar�s and
Per Lr,rrrrp Sure
1
i_S
Clear, Grade and Prepare Construction Access Road
Doflars, and
3
1
EA
Temporary Creek C'. iversOn StfUCture
_ t r 1pan"a and
Peer Lnnaar Foot
1 L__...
1
Lt's
Remove Lm Nsting Concrete Division Wall
4M� 1. ...w Dollars and
_. ___Cents
Per bnaar t° oot
5
1
�_S
Dewater ExpsfiVng Carnal (allowance if needed)
x .. IeAZOAt� zi_,.
t✓r'llar:'m aril,
PerLinear
�`' ��
Canal Wall Improvements
Grapevine Erirt;r Park
PrtrtumaNl Fcrrrrt Exhibit'A'- 1 - REVISED % , o.....
CPL 1918'
HIBIT'A'
Grapevine Springs Park Canal
all
it ern
Estimated
77 reit
Item Description
Unit Price
Total Amount Bi
No.
0.
Quanj
_R� i �fl
Total Unit Price Written in Words
6
450
S Y
liGrapevine Creek Channe� Clearing and Restoration
ES.. . . . ............ ..... .
--Do° llars and
. . ..w ...... Cents
Per Linear Foot
$ C-111
7
428
SF
Rep a4 Histuft Masorry 'O/afls
and
cents
Per Unear Foot
..... . . .. . ......
$
8
150
SF
Ahowarice for F,-fistoric Wali Repairs bebw Water Line
and
CentE;
Per T'on
.. . ........ .... . .. . ....
..N,_ . ............. .
9
105
C Y
TxTGabiorri Baskets,
. ..........ft... ....
-.
- Dos and
-- -------
Per Each
........ ......
10
220
SY
18" Gallon Mattress
D ollars and
Z Cents
—.f —2-
P'er E'ach
. . . . ............ - ............. . ...... -------
0 C�-01
. . .. . ......... .
Carral Wall lrnprovernents
Grapevhe Springs Park
Plrof)osal Forn',� ExNbft'V-- 2 - REMED
ICPL 19187
PROPOSAL FORM EXHIBIT' 'A'
Grapevine Springs Park Canal Wall
--U—timated
_2L cif` 22Me
item
Nut
Item Desc 11
ri�t7j—o
Unit Price Total urtt did
No.
Quantit
Total Unit Price Written in Words
11
182
LF
Cor�struct Concrete Diversion fa 111
.—Doilars and
Per Each
. . . . . . ... ..... — ------
$ 5.
Grouted Rock Riprap (indL4ng '12 rnch Sand Bedding
12
15
SY
and Filter Fabric)
. . . ..........
Per Eacl�i
$ Qe7,? e�-o
13
8
S Y
.................... .
CLU'leX it ReirrforcefflWlt Mat
. .....
. . . .............. .. —
Dollars and
ze-c� Cents
Per Each
...... . ........ .
14
1
LS
Site Restoration & Sodding
. ...... —DoUars and
. . ........ Cents
Per Eadi
...... ..... ...... . . ......
15
20
EA
"T'ree Protechon (aHowarrce if needed)
and
Pei, Each
$
Canal Wall Improvements
GraOne Springs Park
ProposM Form Exhibit'X- 3 - REVISED
CPL 19187 PROPOSAL FORM EXHIBIT'A'
Grapevine Springs Park Canal all
Cit
oo-
Ite
1---gstimated Unit Item Descrip—tion Unit Price Total Arnount Bid
em
No. Quaintit, Total Unit Price Written in Words
L-S Project Ailowance
and
. ............ . . . . . .... —....—Cents
Fler Each
Total �Base ffid
A
and
. . ................ . ......
Construction Tirne: Offoror shall complete the or within 185 caNndar day's frolm
notice to proceed to substantial completion,
Canal WaH Improvements
Grapevine Springs Park
Pror)osal Form Exhibit'A',-, 4 - REMED
MERCHANTS
BONING COMPANY.
MERCHANTS 110NI)ING, C'OMPANY (MUTLIAL) V0. B(,)x 14498, DES MOINES, l0WA 50306-3498
FIHONL (800) 678-8171 FAX: (515) 243-3854
Bond No, N/A
KNOW ALL PERSONS BY THESE PRESENT&
That,1 rrrghtErosion Control, Inc, dba KEC RetainingC
Walls& onstruction
.......... . . . . ...... . .....
(hereinafter called the Principal) as Principal, and the Merchants, BondLtIg
_C,ornp.ally
(hereinafter called SUrety), as Surety, are held and firmly bound to City of oppell
... . ....... .
(hereinafter called the Obligee) in the full and just SUM Of ( $330,000�00
Three I lundredThirty Thousand Dollars arid Nw.o Cents Dollars
good and lawful money of the United States of America, to the payment of which sum of money well and truly to be
made, the Principal and Surety bind themselves, their heirs, executors, adm4iistrators, successors and assigns, jointly
and severally, firmly by these presents.
Signed and diated this 5thday of May 2021
- -- ............
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for
Project #PA- 19-10- Canal Wall Improvements for Grapevine Springs Park
according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and
enter into a contract with the Obligee, iin accordance with the terms of said proposal or bid and award, and shall give
bond for the faithful performance thereof with the Merchants Bonding �'.as Surety, or with
��(jg inany (Mutual) - I
other Surety or Sureties approved by the Obligee„ or if the Principal shall, in case of failure to do so, pay to the Obligee
the damages which the Obligee may suffer by reason Of SLACh failure, not exceeding the penalty of this bond, then this
obligation shall be null and void; otherwise it shall be and remain in full force and effect.
IN TES""FIMONY WHEREOF, the Principal and Surety have caused these presents to be duty signed and sealed,
wit
Atte
CON 0333 (2/15)
Knight Erosion Control, Inc, dba KEC Retaining Walls & Construction
. . ........... . .
Merchants Bondirg C`,',0rnf)ar1 0 MLAWfl)
By—
J L q F I, aA(ta At ey act
MWAVVMU.
Mazllol
M101,111141 I: all JV -A 11 to] &MA Z!
KnfewAhl Persons By Thase,Prvsents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being oorporations of the State of Iowa (heroin collectively called the'Cornpanies") do hereby make, constitute avid, appoint, individually,
June'T Lands; Karen K Eastsr� Scott R Kirby
their true and lawful Attorneys) -fn -Pact, ta:algh Its nanto as surety(ieu) arid to execute, goal and acknowledge any and all bonds, undertakings,
contracts and other written instruments un the nature thereof, on behalf of the Companies in their business of guaranteeing the Odelity
of parsons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions of proceedings allowed by low.
This Power -of -Attorney is granted and Is sinned and seated by facsilmile under and by autlrorqy of the fr0owing Ely -Laws adopted by the lBoard
of Directors of Merchants Sending Company (Molual) on Apdl 23, 2011 and amended August 14, 201'5 and adopted by the Board of Directors
0 Merchantstilational Bundling, Inc,, on October 16, 201&
*The ProstdonL Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary of, any Mce President shall have power and authority
to appoint Attorneys -In -Fact, and to authorize them to execute on behalf of the Company, and attach the seal i of the Company thereto, bonds and
undertakings, recognizatices, contracts of indermnity and other writings obligatory In the nature thereof,"
'The signature of any authorized officer and this seat of the Corriparry may be affixed by facsIrTille or electronic transmission to any Power of Alt mey
of Certification diaroof authorizing the execution and delivery of any bond, undertaking, recognizance, or other s,ure"bip obligations of the
Company, and such signature and seat when so used! shall have the same force and affect as ftugh manually fixed,,"
in connection with obligations in favor of the Ronda Departmeni of Transportation only, it, is agreed that the power and aut hority hereby given to 'the
Atterney-in-Fact Includes any and all consents for the release of retained percentages and/or final estimates an engineering and construction
contracts required by the State of Florida Department of Transporition, it is fully understood that consenting to the State of Florida Department
of Transportation making payment of the, final estimate to the Contractor and/or Its assignee, shall not relieve this surety company of any of
its obligations under Its bond,
In corinection with obligations in favor of the Kentucky Department of Highways wily, it is agreed that the power and authority hereby gilven
to the Attorney -In -Fact cartnot be modified, or revoked unless pito written personal notice of such intent ties been given to the Commissioner -
Department of Highways, of theCommonweafth of Kentucky at least thinly (30) days prior to the modification or revorurtion.
un Witness Whereof, the Companies
I I
caused IrKs Instrument to be signed and seated this 11th dayof February . 2020
c?t"o
1933
STATE OF IOWA
COUNTY OF DALLASss.
On this 11th day of February 2020 , before me Sepe"arad Lall
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) a. �c
seals affixed to the foregoing instrument are the Corporate Seals of the Cornpani
of the Compartles by authority of their respective Boards of Directors.
4 Pw�NOLLY MASON
Ci CommissioIIINmn Number 750576
Z
My Comrnission Expires
January 07, 202�3
(Expiration ofnotary's commission
does nor Invalidate this instrument
Taylor to me personally known, who being by me duty sworn
MERCHANTS NATIONAL BONDING, INC,; and, that the
and that the said instniment'was, signed and seated in behalf
Pat
Notary Public
1, William Warner, Jr,, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC,, do hereby
carldy that the atiove and foregoing Is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full
force and effect' and has not been arnanded or revoked.
In Witness, Whereof, I have hereunto set my hand and
06 to N
0
-0-
2003
N 41
POA 0018 (1120)
affixed the seat of the Companies on this day or 2021
Off. -
1933' Secretary
DATE IMMl
515/2�021
Fill
ww"Ur
110lill
INSURED Knight Erosion Control, Inc. DBA KEC Retaining Wallis, & INSURER B.;.R.o..c-lk _N jdgl_ej.qqi rt�;# �Cqrrlpa niy 0
1189
�N�SURER C Texas Mutual ins, Company 22945
Construction, Inc,
INSURER D Travelers Lloyds Insurance Co, 41262
P 0 Box 202�541 . ... . . . ...... . ......... ....... - --------- --
Arlington, TX 76006 INSURER E
COVERAGES CIERTIFIC�ATE NUMBER: REVISION NUMBER:
"ri-IIS IS TO CEIR71FY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
"',1DICATED, NOTWITHSTANDING ANY REOWREMENT, TERM OR CONDl!TION OF ANY CONI RAG , T OR OTHER DOCUMENTWITH RESPECT TO WHIC"l
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I:S SUBJECT TO ALL THE Til
EXCLUSIONS AND CONDlTIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAlD CLAIMS,
.. .. . ................. . . . . ....... . . . ........ .......
INSR -00-016Y E,F-F POLICY l
LT13 TYPE ot.1 SURANCF L LIMITS
ER
(MM(DD1Y'Y"Y
A X-7 COMMERCIAL GENERAL LIABILITY 1,000,000
EACH OCCUPMENCE 5
CLAWS�MADE [,x � (XXLlR ATN2027296 1212612020 1212612021 DA11GE TO RENTED _ ......... ... 100,660
PJRF-Ml,5E5 fZ;a Qrwnpm�p) '--
NEDE
- --- ----- PERSONAL A. ADV INJURY 1,000,,000
GLN'L AGGREPJE LIMIT APFUES PER. QENEIlEGATE, S 2,000,00 , 0
LOO 2,000,000
POLCY
OTHCR� Loc Agg $2,000A061POrey Agg
X I 1pll`�
5 5r
B AUTOMOBILE LIABILITY COMBINED SUAGLE I-IfAl I 1,000,,000
4 31 . . .. .. . . . .. ........
X- ANY A00 BW92-8TR-2000019-00 1212612020 j 1212612021 ,(PprpersonN
OWNED SCC?NHEIl I
AUiTOS ONLY
AUT08 qgrs)_$
Y PERTY,(�JAMAGE
$
aocdon
AU S ON 10
........ .. --- - - — — — — - -------------- ------
UMBRELLA LiAB X occuR EACH OCC RRE CE 5,000,000
EXCESS UAB CLAIMMAGESTN2027048I 12126120�20 1212612021
GUI CATC:
Agg
YxLxu
. ...........
C 'WORKERS COMPENSATION ER
AND EMPLOYERS'll UITYJN 7P
IZ3112020 12131/21021 11000,000
ANY PROPRIETOMPARTNEE'VEXECUTIVE 0001125508 E
WA EA FACCIDENT
F�,aFn(�EFM EXCLUDE ........ . .
oryqM�Wi
a n 1 000,000
It yes, descfto wrier
0 SCRIPT*N OF OPERATlONS bellow E.L. DISEASE - POLICY LIMIT $ 1 100010100
312 ..............
D Equipment Fl�;dtiW QT5608J928548TLC21 2,,,l 1.Yd6i2— Rented/Leased
0,0�
...... ....
DESCRIPTION OF OPEPATION$ 1 LOCATIONS t VEHICLES (ACORD 101 , Additional Remarks ScIll "n be aftached If more space is re&Irep)
Inland Marine Coverage - Schedule Contractors Equipment $257,0100, Leased or Ren ed Any One Item - $150,0 �O limit with Travellers Lloyd Insurance Co,
312312021 - 3/2312022
The General Liability & Auto Liability poficles, Include a blanket automatic additional Insured endorsement (provision) that provides additional Insured status
to any, parson or organization but only when there Is a writtencontract or agreement with the named Insured: that requires such status.
The Auto, Liability & Workers Compensation policies Include a blanket automatic,wal of subrogation endorsement that provides this feature only when
SEE ATTACHED ACORD 101
SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED Bil
City of Coppoll THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
255 E. Parkway Blvd, ACCORDANCE WITH THE POLICY PROVISIONS,
C op,pell, TX 750191 --- ......... . .... . .. .............
AUTHOR17ED ARPIRPSENTATIVI5
ACORD 25 (2016103) 0 1988-2015 ACORID CORPORATION, All! rights reserved,
The ACORD name and logo are registered marks of A,CORD
AGENCY CUSTOMER ID: KNIGERC1 -02 JUNE
LOC
ACC)RO'
ADDITIONAL REMARKS SCHEDULE Page 1 of I
AGENCY NAMED INSURED
KHT Insurance Knight Eroslon Control, Inc, DBA KEC RetalnJng Walls Construction,
nc
POUCY NUMBER �P 0 Box 202541
SEEPAGE1 Arlington, TX 76006
. . .... . ....... . . . . . ........... . .... ..........
CARRIER NAX CODE
�EPAGE11 SEE P 1 EFFE VE
. . ... .......
AUIAII 111 M4:61011) @ 2008 ACORD CORPORATION, All rights reserved,
BID #Q-0521 -01 Grapevine Springs Park Canal Wall
Q9 -Q -PERAME P -UR C3A5-1 N G
As permitted under Government Gode, 'Title 7, Chapter 791.025, other governmental
entities may wish to coopera fiveurchase under the same terryis and conditions
contained in this contract (piggyback), Each entity wishing to piggyback must Dave
�prior authorization trona the City of Coppell and Contractor. If' such participation is
authorized, all purchase orders MR be iSSUed directly from and shipped directly to
the entity requiring SUppfies/seer vuces. "The City of opo ll shaH not be held
responsiNe for any orders placed, deliveries rnade, or payment for su pp llies/se ry ices
ordred by these entifies. Each entity, resewes the right to determine their,
parficipatioru inthis contract,
UTY OF COPPELLPROCUREMENT SERVICES DEPARTMENT 255 PARKWAY BOULEVARD ^COPPELI, TEXAS 75019 IPage 13
(CHECK ONE, IF APPL]CABLE)
DISADVANTAGED RUSNESS ENTERPRISE
RA I � Y -OWNED BUSINESS EN-rERPRISE
WOMEN -OWNED BUSINESS ENTERPRISE
IS CERTIFIED AS A:
PLEASE ATTACH OFFICIAL DOCUMENTATION FROM THE STATE OF TEXAS OR
OTHER QUALIFIED .MTF -FflCATION AGENCY OF MANBE STATUS OF YOUR
COMPANY WITH THIS BID/PROPOSAL.
THIS DATA IS REQUESTED FOR INFORMATIONAL PURPOSES ONLY AND WILL
NOT AFFECTTHE PROPOSAL
(SNIP WSSION OF THIS INFORMATION IS N.01 A REQUIREMENT.)
CffY OF COPPEL.L,- PROCUREMENT SERVICES DEPARTMENT - 255 PARKWAY BOULEVARD - COPPEUT --F56-9--7" --Pa-ge 1-4
8 1 D #Q-0 52 -1- 1 Grapevine Springs Park Canal all
Certificate of Interested Parties (Form '1295):
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252,908
of the Government Code, The law states that a governmental entity or state agency
may not enter into certa,in contracts with a business enti:ty unless the bUsiness entity
submits a diSCIOSUre of interested parties 'to the governmental entity or state agency at
the tirne the business entity submRs the signed contract to the governrnental entity or
state agency. The law applies only to a contract of a govenags entM entity or state agency
that either (1) requires an action or vote by the governing body of the entity or agency,
beforethe contract rnay be signed or (2) fias a value of at least $1 milliori. "The disclosure
requirement applies to a contract entered into on or after January 1, 2016.
The Texas Ethics Commission was re�quired to adopt rLfles necessaryto implement that
law, prescribe the disclosure of interested parties form, and post a copy of the form on
the cornmr it website, 'The commission adopted the Ceilificate of Interested Parties,
form (Form 1295) on October 5, 2015. The commission also adopted new rules (Chapter
46) on Novernber 30, 2015, to irnpiernent the law,. Thecommiss�on does, not have any
addiifionW aluthority to enforce or interpret House dill 1295,
'The form may be obtained and completed at
hftps://vvww,ethics,,state,tx.us/wliatsnew/c-if info forrn1295,htrn
*Please note that this form must be completed once the contract is awarded and
before coint!ract is eXeClrlted,
-
MY WfWENT - 255 PARKWAY BOULEVARD - COPPELL, T r EXAS 7501q Page 15
OF COPPELL, PROCUREMENT SERVICES DEPA
City of' Cop pell "UN,
Procureatent Services
HOUSE BILL 89 VERIFICATION
name),, the undersigned representative of
(Coinpapa , m Business
name)
......xf, , ter", refen-ed to as company)
. . ..... . (hei -e
being an adult over the age ofeighteen (18) years of age, do hereby depose and verify tinder, oath
that the company narned.-above, under the provisions of Subtitle F,Title 10,Government Code
Chapter 2270.
1. Does not boycott Israel currently; and
2. Will not boycott Israel (luring the terin of the contract the above-narned
Company, business or individual with the City ofCoppell acting by an([ through City of'
coppell.
Pursiumt to Section 22 70, 001, Texas Gmermnew ("'ode -
1, "Bc�ycolt 1rael " means refitsing to dcal with, terndnalta �g business activities with, or otherwise
lalfin,g an ',w) octhni Mal is in.lendt,,d to pemdize, inflict economfic harm, on, or limit commercial
rel(itions.,s,I)ecilli.e'eill.1, ivilh 4rael, or with as person or emil.),, doing business in Israel or in an
bl"a does 1101 inchide an made,fi-n- ordhi uir,y business
purl.wmes,' and
orgcmi�zafion, ussocialion, corporation,
17cirmership, joint venture, lbniled fiabilit ' Iv 1�njvinershij,r, or anY limilec-i
fiabilkv i . ncluding a w,h(,,)11v oivned stebsidia.ij,, mqjo)ri1y-owned suhsidiarj1.aarenl:
(w, aftifiate of those, entities or busines's associations that exko tar inake upr(Ih,
............. .. ..
. ............ . ..
DATE SIGNATURJ'�" Of," COMPANY
REPRESIINTA,riVE
*3° r
Grapevine rin Park Canal Wall
Phone wNumbe _ _......_ _..
. .,... ..----
FNumber:
E-mail Address:
CITY OF GOPPEILL PROCUREMENTSERVICES DEPARTMENT NT '7'55 PARKWAY EIOULEVARD PE ELL, TEXAS 7501a P'e"kge 17
EXHIBIT "C"
Construction Plans for Canal Wall Improvements
for Grapevine Springs Park
20
CONSTRUCTION PLANS FOR
CANAL WALL IMPROVEMENTS FOR
GRAPEVINE SPRINGS PARK VIII,,
CITY PROJECT #PA -19-10 h'``
MAYOR:
� �1t
a9d
Karen Hunt
'11
COUNCIL MEMBERS:
INDEX OF DRAWINGS
EET NUMBER DESCRIPTION
�
p} p
�tWfi"19114
Cliff Long
PLACE 1
02 PROJECT LAYOUT AND SEQUENCING
Brianna Hinojosa-Smith
PLACE 2
Wes Mays
PLACE 3
OSDEMOLITION PLAN
Gary Roden
PLACE 4
John Jun
PLACE 5
I,niC3�
Mathew
PLACE 6
`
Mark Hill
PLACE 7
CITY MANAGER
Mike LandI�""'
ap
t/
���11�1lwl,
I �P
Nrk��� ) If7utE��
CITY OF COPPELL, TEXAS
DALLAS COUNTY
MARCH 2021
=i�i�r �r
LOCATION MAP
NOT TO SCALE
t n p
TEPLS Fi—Ne. -00/100116-01/101943-e1
PROJECT
LOCATION
� �1t
a9d
'11
INDEX OF DRAWINGS
EET NUMBER DESCRIPTION
�
p} p
�tWfi"19114
01 GENERAL NOTES
AiQ
02 PROJECT LAYOUT AND SEQUENCING
03 PROJECT CONTROL DATA SHEET
04 CONSTRUCTION ACCESS ROUTE
OSDEMOLITION PLAN
06 DIVERSION WALL PLAN & PROFILE
07 CONCRETE DIVERSION WALL DETAILS
OR WALL REPAIR PLAN
09-10 CONSTRUCTION DETAILS
PROJECT
LOCATION
>s rw
2 1 0111101111 1' -11 11 1
csr u`":DoPy:�
I IN
1 11
k .u:re�ra w,r rsa. ,a"-1 D
corsmucnou crumu nrons
11 I'll FIR I'lloll",
1 11 140 I'll AIT"ll IRIII 31 11
im..0 c�,onm � ire �scm 11,eu�.,r ew,a ro cam. m.
PPo�ou IsIVTo KY5,re��l�A.h�.��l�rers�...nK si
+r. ter. oTMr r_ �iA�,ou
teagae aall and petkia ie e m City Rf Coppell, Texaz L1918
COPPE .L to p roa �Wii�bi
s 6R8 ti 3iun, GRAPEVINE SPRINGS PARK ,�
a
, o=s- GENERAL NOTES
aoa 1ro1 soonool rot, 1o1a�a1 MAR 2021 R". x 10
m
I'll I'll I'll 11 ol 'o
P-1 -1 111111. 11 �P-11111 11 c111
rs cl,
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s o��R���e�a�o==�a��^�a� 000�=���a�a^off �roo��� ttRo��$� ��;ro�o��`��,„� �
roo';
mJ1LwJ
,w
AND Mm
FA
44;
low, /Mnw
league nail in,, in, City f C.pp.11, Texas
........ .. .
... . .... iE6p�'ELL V- 50- p,
GRAPEVINE SPRINGS PARK
t1711111 t n ae� PROJECT LAYOUT AND SEQUENCING
1� p
It,
t I
CP Sr
- � a
rtGRAPIIC —IE
t nall and erkin City of Coppell, T.— L1918
eay o�ao��C•O '�,�-�- tn
� i,�rn GRAPEVI NE SPRINGS PARK 4
oorooroo ,, ,,. as � /// E oar. q
-, p PROJECT CONTROL DATA SHEET 10
ci,yJL \ GRAPEVINE SPRINGS
G�Rto �m� , , \CONSTRUCTION `
;
G
�\��
Fill
3
ci,yJL \ GRAPEVINE SPRINGS
G�Rto �m� , , \CONSTRUCTION `
;
G
xo oEsmux
v �
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TM
c nexUcr umm m� �s�sn.
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nn deVC �aUluiaG nav raFMnNr`uuavu un rzeuiNv�6[
LEGEND
c:cnFwc nxo Fcsraen naa
� 0 H£FPROPoSED ORCOGbJC
(BY S)
leagae nall and petkin City of Coppell, Tex
CCip�ELL��� GRAPEVINE SPRINGS PARK
a e
DEMOLITION PLAN 10
e
� us KRSgA
DIVERSION WALL PLAN
490
Bf£ C BIBN BEiAN@ ON
sneer a
SECTION B -B'
GRAPHIC SCALE
�Q
I'l 41
.„51On a feafg3e5a'�Oe� iBnvaa'�"�'�"���1h 01
41—
City °f CoPP`II,T.—
`suFevei
e�
r
il and perkin C(JyELq GRAPEVINE SPRINGS PARK7tn DIVERSION WALL PLAN AND PROFILE 10
'IQ
I—FAIN "I wvNonnoN I'll I"ll 11 "1 I'll `, —F, FR,_,,N eNo
_1 ,I IF _F, I,
F — I,11 I mNcaFTF I—I MmT ntF RFp,tRFMFNIs OF "I"— I, IN— nT RR
3 IFFNIIIIFNN .,I IN- IF ws,M Haus, I— so eNo F"."
I I FRI I ".I
INNRll_
CONSTRUCTION/CONTROL
I. _1 IF m
JOINTDffML
NOT
NtNG
— - ---- VERTICAL WALL 30INT DETAILS IRMILI 11INI RIIII IIIIIIRIIII III 1111111IN RIIIRIIINTI
mj-1. Ol .-MTION FIRIlIN I IRFI11 RFINIIRIINN I—I 111 —
1111 — THE I 1111 -1 1RRQlIRNI,R
IN— 11 FR
_=I�NT
IILIOF III —TIRF —IFFF I IF F T IFORINN — NO — RIEFRE MI IF.
IF— IM 11 IRIENT 11' IN 11 NO 111111 11 IINII NO 11 RIEFRE RII I—I IF NON 1-1 IRMIL.
11 OIN"TIR 'IL OR... RITININI FRILL IIII I—NNI 1-1111 —l—, III— N, IECTFIN
'FINIIR—INT M, "INT L,,_,N, FO RFOIRR, IN IFIR I FR- ION- "INI"
OR IF_ R TO FR-
T "INIII
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To, a IITT III) IF F.I.El mNIR—wn,xsuRFnmssteu,tFIF M nNn mnFcm I.NT IINRI
'FIR xF
xFvw
I as IIRI IQ III
(ACONC. DIVERSION WALL SECTION NITRI
) I IFLICILIN— I
IIINFFRAINTT
TIA=NILLRFRI I.I
IN.I A, REINFORCING
_ LAP SPLICE & EMBEDMENT SCHEDULE
GT(11) I (IN) To Hoa
✓ RI—
RIN=, "AT." -
.1 IF ALL RFINF
1 11 IF IF I
1
I OR
(C� CORNER AND INTERSECTING REINFORCING
2 7 --
s so 11 11 IF
r:•
C. TYPICAL EASIT.T '13 .1 .1 11
I TIl IARI"AT -R' AN I I 'NCRITI I-T
F I
IN TIF . I'RFL`FNTA`lIRTI INT I LA' IN .1,1
I ARF TO I IRIFIIRI
=TA_A��_EJQI RRI FIR 11 IARI
.1 INLI�INITIF�IN IRAMNII TINftIN 11
0, GAIION MATT111.1 TFN.IN F.IRI IN ' A N, RI I IF.
'R.F IN I INII ILFRANCF) INIR.N IN'TII -
3 Fl I' IN ARAN -ON I IN- To T ...... AN'
OF GAIION TYI NGN MITH?.D L'lAT`IF IFAl'TO � FA Al OFF TAILF OR RFQIIRFl= AI
IFTFR.INRI 11 .01F 1-11, R, .1 3 IF— OF F.IRI.FNT OR —I.
F I.,
AFL_NNOFF, OF ITlALNTILARlIN,�oOAIIROIRIATF IF -111.1.
TLF IT RI
n n
o
o :
(—G GABION/CONCRETE CONNECTIONS
(K: REINFORCEMENT
OE GABION WIRE INSTALLATION ME PIEZO,D
City
Copp'".
Texan L1918
oo�=�ea
116 16 R81h COPPELL '�i'I�E" �Wii��i PARK
.�r•.
3 11 1 GRAPE
17, tnp TI 1- —1 CONCRETE DIVERSION WALL DETAILS
F I fo
-A
olJ