CP 2022-05-24City Council
City of Coppell, Texas
Meeting Agenda
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Council Chambers6:00 PMTuesday, May 24, 2022
WES MAYS BRIANNA HINOJOSA-SMITH
Mayor Mayor Pro Tem
CLIFF LONG JOHN JUN
Place 1 Place 5
DON CARROLL BIJU MATHEW
Place 3 Place 6
KEVIN NEVELS MARK HILL
Place 4 Place 7
MIKE LAND
City Manager
Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular
Called Session at 6:00 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.
As authorized by Section 551.127, of the Texas Government Code, one or more
Councilmembers or employees may attend this meeting remotely using videoconferencing
technology.
The City of Coppell reserves the right to reconvene, recess or realign the Work Session or
called Executive Session or order of business at any time prior to adjournment.
The purpose of the meeting is to consider the following items:
1. Call to Order
2.Executive Session (Closed to the Public) 1st Floor Conference Room
Section 551.071, Texas Government Code - Consultation with City Attorney.
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May 24, 2022City Council Meeting Agenda
A.Seek Legal Advice from City Attorney regarding special use permits and
state law requirements under current provisions of Chapter 12, Code of
Ordinances.
B.Seek Legal Advice from City Attorney regarding drainage improvements
on private property and city easements.
3. Work Session (Open to the Public) 1st Floor Conference Room
A. Discussion regarding agenda items.
B. Discussion regarding Boards and Commissions Attendance Policy
and Citizens’ Appearance.
C. Discussion regarding City Council Committee Assignments.
Attendance Policy Memo.pdf
Order of Business.pdf
City Council Committee Assignments 2022.pdf
Attachments:
Regular Session
4. Invocation 7:30 p.m.
5. Pledge of Allegiance
6. Citizens’ Appearance
Presentations
7.Presentation by New Tech High School Students - Water Sustainability
Project.
8. Consent Agenda
A.Consider approval of Minutes: May 10, 2022.
CM 2022-05-10.pdfAttachments:
B.Consider approval of awarding an annual contract with Rodriguez
Graveside Services, for Interment Services at Rolling Oaks Memorial
Center, as budgeted; and authorizing the City Manager to sign all
necessary documents.
Memo.pdf
Rodriguez Contract.pdf
Attachments:
C.Consider award of Bid Q-0522-01 for a Tree Maintenance Services
Annual Contract, by Elite Tree Service, not to exceed $65,000.00, as
budgeted; and authorizing the City Manager to sign all necessary
documents.
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May 24, 2022City Council Meeting Agenda
Memo.pdf
Elite Tree contract.pdf
Attachments:
D.Consider approval to enter into a contract with Teague Nall and Perkins;
for the design of drainage improvements to the Arbor Brook Channel
(Stream G-3); in the amount of $100,000.00; as budgeted in the DUD
funds; and authorizing the City Manager to sign all necessary documents.
Arbor Brook Channel Design Memo.pdf
Arbor Brook Channel Exhibit.pdf
TNP Contract - Proposal.pdf
Attachments:
E.Consider approval of awarding Bid# Q-0422-01, Pavement Markers
contract to Road Master Striping, LLC; to perform annual pavement
striping in the amount of $100,000.00; as budgeted in the Infrastructure
Maintenance Fund; and approval for an additional $204,558.25; funded
from ¼-cent IMF fund balance; for a total award of $304,558.25; and
authorizing the City Manager to sign all necessary documents.
Pavement Markers Annual Contract Memo.pdf
FY 21-22 Pavement Markers Locations Exhibit.pdf
Pavement Markers Road Master Quotes.pdf
Road Master Striping Contract.pdf
Attachments:
F.Consider approval of a Civic Center Agreement by and between the City of
Coppell and Dividend Hospitality, Ltd. for a Homewood Suites, and
authorizing the Mayor to sign.
Homewood Suites - Civic Center Memo.pdf
Civic Center Agreement - Homewood Suites.pdf
Attachments:
G.Consider approval of a Civic Center Agreement by and between the City of
Coppell and Dividend Hospitality, Ltd. for a Hilton Garden Inn, and
authorizing the Mayor to sign.
Hilton Garden Inn - Civic Center Memo.pdf
Civic Center Agreement - Hilton Garden Inn.pdf
Attachments:
End of Consent Agenda
9.Consider appointment of Mayor Pro Tem as required by Section 3.05 of
the Home Rule Charter.
10. City Manager Reports - Project Updates and Future Agendas
11. Mayor and Council Reports
Report by the City Council regarding recent and upcoming events.
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May 24, 2022City Council Meeting Agenda
12.Council Committee Reports concerning items of community involvement with no
Council action or deliberation permitted.
A. Report on Dallas Regional Mobility Coalition - Councilmember Don
Carroll
B. Report on Woven Health Clinic - Councilmember Mark Hill
C. Report on Metrocrest Services - Councilmember Biju Mathew
D. Report on Historical Society - Councilmember Cliff Long
13.Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
14. Necessary Action from Executive Session
15. 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 20th day of May, 2022, 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).
Page 4 City of Coppell, Texas Printed on 5/20/2022
4
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6309
File ID: Type: Status: 2022-6309 Agenda Item Executive Session
1Version: Reference: In Control: City Council
05/16/2022File Created:
Final Action: Exec Session - STRsFile Name:
Title: Seek Legal Advice from City Attorney regarding special use permits and
state law requirements under current provisions of Chapter 12, Code of
Ordinances.
Notes:
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6309
Title
Seek Legal Advice from City Attorney regarding special use permits and state law
requirements under current provisions of Chapter 12, Code of Ordinances.
Summary
Page 1City of Coppell, Texas Printed on 5/20/2022
5
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6314
File ID: Type: Status: 2022-6314 Agenda Item Executive Session
1Version: Reference: In Control: City Council
05/18/2022File Created:
Final Action: Exec 5/24/22File Name:
Title: Seek Legal Advice from City Attorney regarding drainage improvements on
private property and city easements.
Notes:
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6314
Title
Seek Legal Advice from City Attorney regarding drainage improvements on private property
and city easements.
Summary
Page 1City of Coppell, Texas Printed on 5/20/2022
6
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6302
File ID: Type: Status: 2022-6302 Agenda Item Work Session
1Version: Reference: In Control: City Council
05/13/2022File Created:
Final Action: WKS - 5/24/22File Name:
Title: A. Discussion regarding agenda items.
B. Discussion regarding Boards and Commissions Attendance Policy
and Citizens’ Appearance.
C. Discussion regarding City Council Committee Assignments.
Notes:
Sponsors: Enactment Date:
Attendance Policy Memo.pdf, Order of Business.pdf,
City Council Committee Assignments 2022.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6302
Title
A. Discussion regarding agenda items.
B. Discussion regarding Boards and Commissions Attendance Policy and Citizens’
Appearance.
C. Discussion regarding City Council Committee Assignments.
Summary
Page 1City of Coppell, Texas Printed on 5/20/2022
7
MEMORANDUM
To: Mayor and City Council
From: Ashley Owens, City Secretary
Date: May 24, 2022
Reference: Discussion regarding Boards and Commissions Attendance Policy
Introduction:
This Work Session item is a follow-up to discussions that City Council had during the Boards and
Commissions application and appointment process last Fall. City Council expressed a desire to
revisit the attendance policy for all boards and commissions members. This discussion will not
include Mayor and City Council attendance, which is addressed in Section 3.06 of the Home Rule
Charter.
Background:
The current attendance policy for boards and commissions is as follows: “If a board member is
absent for three consecutive regularly scheduled meetings, or if a board member is absent for
25 percent of the regularly scheduled meetings within a 12-month period, the position shall be
declared vacant, and the vacancy shall be filled for the remainder of the unexpired term by the
city council within 30 days after the vacancy occurs.”
If a board member reaches their second absence, the City Secretary’s Office will send a letter to the
member reminding them of the current policy. If a third absence or the 25 percent threshold is
reached, it is at the discretion of City Council whether the member is removed from their board.
Currently, there is no language in the City’s ordinances that allow for excused absences.
Analysis:
Staff queried surrounding cities regarding attendance policies. Based on the below chart, our current
policy is used throughout the region, but some cities also utilize excused absences that are approved
by the board or City Council in the following meeting. The excused absence will provide flexibility
for those members who experience emergencies or unexpected obligations throughout the course of
the year.
8
City Attorney Robert Hager has provided the following definition of an excused absence: “An
excused absence means a failure to attend a regular or special called meeting of the board or
commission that is a result of illness, medical condition or service, attendance of funeral for
immediate family member, jury duty, vacation, participation in a religious or work-related activity.”
Based on past discussions, Staff is proposing a policy that will allow for excused absences. In
summary, every calendar year, each board member is allowed two excused absences and one
unexcused absence:
“A member whose absence is a result of illness, medical condition or service, attendance of a funeral
for immediate family member, jury duty, vacation, participation in a religious or work-related
activity, with prior notice to the liaison or Chair, shall have the absence excused by their board,
commission, or committee at the next scheduled meeting. The absence will be placed on the meeting
agenda for consideration by the board. The maximum number of excused absences is two per board
member per calendar year.
If any member fails to provide such notification for a meeting missed, the absence will be considered
unexcused. If a board member is absent for more than one unexcused absence for a regularly
scheduled meeting within a 12-month period, the member shall, upon approval of the City Council,
forfeit his or her position on the board, commission, or committee.
If a board member is absent for more than two excused absences for regularly scheduled meetings
within a 12-month period, the member shall, upon approval of the City Council, forfeit his or her
position on the board, commission, or committee.”
Staff is seeking direction on whether City Council is interested in amending the policy to allow for
excused absences.
Legal Review:
Staff has collaborated with City Attorney
Fiscal Impact:
None
11
10
10
5
2
1
0 2 4 6 8 10 12
3 CONSECUTIVE ABSENCES
ACCEPT NOTICE TO EXCUSE ABSENCE
ABSENT 25%
COUNCIL'S DISCRETION
ABSENT 30% OR MORE
2 ABSENCES
POLICYAllowance
9
Citizens’ Appearance
Citizens’ Appearance is an opportunity for persons wishing to speak on any matter other than an item
scheduled for a public hearing on the agenda. Persons may be heard only at the "citizens’ appearance"
portion of a regular meeting or special meeting.
• Speakers must sign a register on the table outside the council chambers and list their residence
address.
• Each speaker must state his or her name and address of residence once called to the podium.
• Speakers signed up to speak in person will address Council first, speakers signed up to speak
remotely will follow immediately after.
• Presentations by individuals shall be limited to two (2) minutes each. An individual speaker's
time may be extended for an additional two (2) minutes with the approval of a majority of the
council members present.
• There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special council
meeting.
• No personal attacks by any speaker shall be made against any member of the council, mayor,
individual, group or corporation.
• In accordance with the State of Texas Open Meetings Act, City Council is restricted from
discussing or taking action on items not listed on the agenda.
• Written comments, emailed or mailed, will be provided to City Council as hard copies.
Public Hearing
Public Hearing is the hearing of any citizen/visitor of specific items listed under the Public Hearing
portion of the meeting.
• Any person wishing to speak at a public hearing held by the council pursuant to any official
notice thereof shall sign a register and list his or her address outside the council chamber
indicating the item on the agenda the person wishes to address.
• Speakers signed up to speak in person will address Council first, speakers signed up to speak
remotely will follow immediately after.
• Each speaker will be limited to five (5) minutes, and
• There shall be a cumulative limit of sixty (60) minutes for all those speaking for an item on the
agenda, and a like limit for all those speaking against an item on the agenda.
• No group or organization shall be allowed more than three speakers on any agenda item. These
limitations may be extended at the discretion of a majority vote of the council members
present.
• Speakers signed up to speak in person will address Council first, speakers signed up to speak
remotely will follow immediately after.
• Written comments, emailed or mailed, will be provided to City Council as hard copies.
10
COUNCIL COMMITTEE ASSIGNMENTS 2022
Reports are given the 2nd meeting of the month
January
April
July
October
C/FBISD/LISD Liaison Hill
CISD Liaison Nevels
Coppell Seniors Jun
Coppell Arts Center
Foundation
February
May
August
November
Dallas Regional Mobility
Coalition
Carroll
Woven Health Clinic Hill
Metrocrest Services Mathew
March
June
September
December
NCTCOG Hinojosa-Smith
North Texas Commission Hinojosa-Smith
Carrollton Regional Medical
Center
Hinojosa-Smith
Historical Society Long
Dallas College at Coppell Long
11
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6312
File ID: Type: Status: 2022-6312 Agenda Item Presentations
1Version: Reference: In Control: Finance
05/16/2022File Created:
Final Action: New Tech High Schools Water Sustainability
Presentation
File Name:
Title: Presentation by New Tech High School Students - Water Sustainability
Project.
Notes:
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6312
Title
Presentation by New Tech High School Students - Water Sustainability Project.
Summary
Page 1City of Coppell, Texas Printed on 5/20/2022
12
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6303
File ID: Type: Status: 2022-6303 Agenda Item Consent Agenda
1Version: Reference: In Control: City Council
05/13/2022File Created:
Final Action: Minutes 5/10/22File Name:
Title: Consider approval of Minutes: May 10, 2022.
Notes:
Sponsors: Enactment Date:
CM 2022-05-10.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6303
Title
Consider approval of Minutes: May 10, 2022.
Summary
Fiscal Impact:
None
Staff Recommendation:
Staff recommends approval.
Strategic Pillar Icon:
Sustainable Government
Page 1City of Coppell, Texas Printed on 5/20/2022
13
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
City of Coppell, Texas
Minutes
City Council
5:30 PM Council ChambersTuesday, May 10, 2022
WES MAYS BRIANNA HINOJOSA-SMITH
Mayor Mayor Pro Tem
CLIFF LONG JOHN JUN
Place 1 Place 5
DON CARROLL BIJU MATHEW
Place 3 Place 6
KEVIN NEVELS MARK HILL
Place 4 Place 7
MIKE LAND
City Manager
Wes Mays;Cliff Long;Brianna Hinojosa-Smith;Don Carroll;Kevin Nevels;John
Jun;Biju Mathew and Mark Hill
Present 8 -
Also present were Deputy City Managers Vicki Chiavetta and Traci Leach, City Attorney
Robert Hager, City Secretary Ashley Owens, and Deputy City Secretary Sara Egan.
The City Council of the City of Coppell met in Regular Session on Tuesday, May 10,
2022 at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway
Boulevard, Coppell, Texas.
Call to Order1.
Mayor Wes Mays called the meeting to order, determined that a quorum was
present and convened into the Work Session at 5:31 p.m.
Work Session (Open to the Public) 1st Floor Conference Room2.
A. Discussion regarding agenda items.
B. Discussion regarding Extended Hours for Cozby Library.
C. Discussion regarding Arbor Brook Channel Restoration Project.
D. Discussion regarding the process of designating a Mayor Pro Tem
and City Council Committee assignments.
Presented in Work Session.
Page 1City of Coppell, Texas
14
May 10, 2022City Council Minutes
Regular Session
Mayor Wes Mays adjourned the Work Session at 7:08 p.m. and reconvened into
the Regular Session at 7:31 p.m.
Invocation 7:30 p.m.3.
Pastor Beth Kellner from First United Methodist Church gave the invocation.
Pledge of Allegiance4.
Mayor Wes Mays and the City Council led those present in the Pledge of
Allegiance.
Citizens’ Appearance5.
Mayor Wes Mays asked for those who signed up to speak:
1) Mark Smits, 102 Westwind Drive, Coppell, 75019, gave thanks to the City
regarding Neighbors Helping Neighbors.
Proclamations
6.Consider approval of the Proclamation celebrating the month of May as
"National Water Safety Month", and authorizing the Mayor to sign.
Mayor Wes Mays read the proclamation into the record and presented the
same to CORE Staff for the City of Coppell.
A motion was made by Councilmember Kevin Nevels, seconded by
Councilmember Don Carroll, that this Agenda Item be approved. The motion
passed by an unanimous vote.
7.Consider approval of the Proclamation designating the week of May
15-21, 2022, as “National Public Works Week”, and authorizing the
Mayor to sign.
Mayor Wes Mays read the proclamation into the record and presented the
same to Public Works Staff for the City of Coppell.
A motion was made by Mayor Pro Tem Brianna Hinojosa-Smith, seconded by
Councilmember Don Carroll, that this Agenda Item be approved. The motion
passed by an unanimous vote.
8.Consider approval of the Proclamation recognizing the City of Coppell as
a “StormReady” Community by National Weather Service, and
authorizing the Mayor to sign.
Mayor Wes Mays read the proclamation into the record and presented the
same to Fire Department Staff for the City of Coppell.
A motion was made by Mayor Pro Tem Brianna Hinojosa-Smith, seconded by
Page 2City of Coppell, Texas
15
May 10, 2022City Council Minutes
Councilmember Mark Hill, that this Agenda Item be approved. The motion
passed by an unanimous vote.
9.Consider approval of the Proclamation designating the week of May
15-21, 2022, as “Emergency Medical Services Week”, and authorizing
the Mayor to sign.
Mayor Wes Mays read the proclamation into the record and presented the
same to Fire Department Staff for the City of Coppell.
A motion was made by Councilmember Biju Mathew, seconded by
Councilmember Kevin Nevels, that this Agenda Item be approved. The motion
passed by an unanimous vote.
10.Recognition of the Coppell Fire Department for receiving the award of
“Recognized Best Practices Fire Department” from the Texas Fire
Chiefs Association Best Practices Recognition Program.
Fire Chief Kevin Richardson read the award inscription into the record and
presented the plaque to City Council.
Consent Agenda11.
A.Consider approval of Minutes: April 26, 2022.
A motion was made by Councilmember Don Carroll, seconded by
Councilmember Cliff Long, that Consent Agenda Items A-H be approved. The
motion passed by an unanimous vote.
B.Consider approval of accepting the resignation of Dane Salmon from
Board of Adjustment and appointing Greg Vlahos as an alternate
member for the remainder of the unexpired term.
A motion was made by Councilmember Don Carroll, seconded by
Councilmember Cliff Long, that Consent Agenda Items A-H be approved. The
motion passed by an unanimous vote.
C.Consider approval of an Ordinance for PD-289R-C, CISD 9th Grade
Center Locker Room Building Addition, a zoning change request from
PD-289-C to PD-289R-C (Planned Development-289 Revised-
Commercial), to revise the Planned Development and approve a 2,800
square-foot locker room on 51.59 acres of land located on the southwest
quadrant of Wrangler Drive and Crestside Drive; and authorizing the
Mayor to sign.
A motion was made by Councilmember Don Carroll, seconded by
Councilmember Cliff Long, that Consent Agenda Items A-H be approved. The
motion passed by an unanimous vote.
Enactment No: 91500-A-779
D.Consider approval of an Ordinance amending Chapter 1
‘Administration’, Article 1-15 ‘taxation’, sections 1-15-1 and 1-15-2 of the
Page 3City of Coppell, Texas
16
May 10, 2022City Council Minutes
Code of Ordinances to provide for an annual exemption from ad valorem
taxation in the amount of one hundred thousand dollars ($100,000.00) for
individuals who are disabled or sixty-five (65) years of age or older; and
authorizing the Mayor to sign.
A motion was made by Councilmember Don Carroll, seconded by
Councilmember Cliff Long, that Consent Agenda Items A-H be approved. The
motion passed by an unanimous vote.
Enactment No: 2022-1578
E.Consider approval of a Resolution denying a proposed application filed
on April 5, 2022 by Texas-New Mexico Power (TNMP) to amend its
Distribution Cost Recovery Factor (“DCRF”) to increase distribution
rates within the city; and authorizing the Mayor to sign.
A motion was made by Councilmember Don Carroll, seconded by
Councilmember Cliff Long, that Consent Agenda Items A-H be approved. The
motion passed by an unanimous vote.
Enactment No: 2022-0510.1
F.Consider approval of an Interlocal Agreement for a Joint Transportation
Improvement Project with the City of Irving; for Improvements to the Belt
Line/LBJ Interchange; and authorizing the Mayor to sign any necessary
documents.
A motion was made by Councilmember Don Carroll, seconded by
Councilmember Cliff Long, that Consent Agenda Items A-H be approved. The
motion passed by an unanimous vote.
G.Consider award of a bid and approve a contract with American
Mechanical Service; for the installation of air conditioning in the Village
Parkway Pump Station; in the amount of $221,048.00; funded from bond
proceeds; and authorizing the City Manager to sign any necessary
documents.
A motion was made by Councilmember Don Carroll, seconded by
Councilmember Cliff Long, that Consent Agenda Items A-H be approved. The
motion passed by an unanimous vote.
H.Consider approval of an increase in the award amount for the Annual
Sidewalk, Street & Alley Pavement Repair contract with F&F Concrete,
LLC; to add concrete street repairs on Sandy Lake Road and Moore
Road; in the amount of $1,046,500.00, from quarter-cent IMF fund
balance; with future reimbursement up to $523,250.00 from Dallas
County; for a total award of $2,296,500.00; and authorizing the City
Manager to sign any necessary documents.
A motion was made by Councilmember Don Carroll, seconded by
Councilmember Cliff Long, that Consent Agenda Items A-H be approved. The
motion passed by an unanimous vote.
Page 4City of Coppell, Texas
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May 10, 2022City Council Minutes
End of Consent Agenda
12.PUBLIC HEARING:
Consider approval of PD-144R-TH-2, Sherwood Park Carport, a zoning
change request from PD-144-TH-2 (Planned Development -144
-Townhouse 2) to PD-144R-TH-2 (Planned Development -144-Revised
-Townhouse 2) to revise the Planned Development to modify carport
requirements for the subdivision on approximately 40 acres of land
located at the southwest corner of Parkway Boulevard and Moore Road,
at the request of James and Sarah Goyne, being represented by Greg
Goyne.
STAFF REP.: Mary Paron-Boswell
Presentation: Mary Paron-Boswell, Senior Planner, made a presentation to the
City Council.
The applicant Greg Goyne made a statement and requested the following
conditions to be considered by the City Council:
1. Permit fees waived for existing carports.
2. Allow 12 months for homeowners to comply.
Mayor Wes Mays opened the Public Hearing and called those who signed up to
speak:
1. Linda Barnett, 204 Lodge Rd Coppell 75019, spoke in favor of the agenda
item.
2. Sandra Johnson, 559 Kirkland Drive Coppell 75019, spoke in favor of the
agenda item.
3. Marge Wick, 523 Lee Drive Coppell 75019, spoke in favor of the agenda item.
4. Lucero Cortez, 216 Nixon Street 75019, spoke in favor of the agenda item.
5. Jean Roscovias, 483 Parkway Coppell 75019, spoke in favor of the agenda
item.
A motion was made by Councilmember Don Carroll, seconded by
Councilmember Kevin Nevels, to close the Public Hearing and approve this
Agenda Item with the conditions as presented in addition to waiving the permit
fees for existing carports and allowing 12 months for compliance.
A motion to amend the main motion was made by Councilmember Mark Hill,
seconded by Mayor Pro Tem Brianna Hinojosa-Smith, to waive the structural
engineer evaluation for existing carport permits. The motion to amend the
main motion passed by an unanimous vote.
The main motion to close the Public Hearing and approve this Agenda Item
with the following conditions:
1. Carports shall only be allowed in the rear of the property and accessed by
an alley.
2. Carports must be open on a minimum of three sides.
3. If one continuous carport is proposed across two properties, then an
Page 5City of Coppell, Texas
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May 10, 2022City Council Minutes
agreement will be required to be signed and filed at the county speaking to
the maintenance responsibilities of the carport. This agreement would run with
the property.
4. If the carport is located entirely on one property, the supporting columns
shall be located on the subject property only.
5. The surface under the carport shall be paved with concrete.
6. A minimum 10-ft side yard setback shall be required for the carport support
structures, except at the shared common property line of residential structure.
The roof overhang cannot extend over the property line.
7. Materials for the carport structure will include wood and metal. Any exposed
wood will need to be wood that is naturally durable (insect and rot resistant).
Metal includes steel poles.
8. Posts may be wrapped with stone or brick if desired.
9. Roof materials can include standing seam metal roofs or similar that is rust
resistant, composite shingles or other acceptable roofing material (ex. Clay
tile).
10. Solar panels on the carports may be allowed if they meet all the Solar
permit criteria and a separate permit and inspection for the solar panels will
be required.
*11. The existing carports will need to apply for a permit and the permit fees
for the existing 30 structures will be waived. The permit process for the
existing carports must be complete by June 14, 2023. The permit process for
the existing carports will not require the structural engineer evaluation.
12. The carport structure shall not extend past the rear property line.
13. The carport cannot extend higher than the roofline of the residential
dwelling unit.
14. No storage shall be visible from the carport from any public area, excludes
trash receptacles.
15. PD shall have no effect on any HOA recorded deed restrictions or by-laws.
The main motion passed by an unanimous vote.
13.PUBLIC HEARING:
Consider approval of PD-161R3-SF-12, Stratford Manor Hog Fence, a
zoning change request from PD-161R1-SF-12 to PD-161R3-SF-12,
(Planned Development-161-Revision 3 - Single Family-12), to allow for a
hog wire fence on the HOA Lot 14X, Block A, on 2.3 acres of land
located the end of the cul-de-sac on Stratford Lane at the request of
Stratford Manor HOA.
Presentation: Mary Paron-Boswell, Senior Planner, made a presentation to the
City Council.
The applicant representative, Kay Magill with Stratford Manor HOA, was
present to address questions and concerns of City Council.
Mayor Wes Mays opened the Public Hearing and called those who signed up to
speak:
1. George Cooper, 709 Stratford Lane Coppell 75019, spoke in favor of the
agenda item.
2. Dennis Magill, 718 Stratford Lane Coppell 75019, spoke in favor of the
agenda item.
3. Ruth Sine, 638 Stratford Lane Coppell 75019, spoke in favor of the agenda
Page 6City of Coppell, Texas
19
May 10, 2022City Council Minutes
item.
A motion was made by Councilmember Don Carroll, seconded by
Councilmember Kevin Nevels, to close the Public Hearing and approve this
Agenda Item with the following conditions as presented:
1. The HOA will be responsible for repairing and/or replacing the hog fence in
the event of work needing to be done by the City in the drainage easement or
any utility work in a utility easement.
2. A gate shall be added to the fence to allow for City access to the City’s
drainage easement.
3. The fence area shall be kept free of debris.
4. The applicant and staff will work with Cambridge Manor to relocate a
portion of the eastern side of the fence more westerly and add some shrubs for
screening. If no resolution is found, the fence may stay where it is.
The motion passed by an unanimous vote.
City Manager Reports - Project Updates and Future Agendas14.
The Wagon Wheel logo paint has been delayed further to May 17th. If it is
delayed any further, we will be getting into higher demand season and may
have to delay the logo until Fall because the tank must be drained to paint.
The tank is in operation now and the rehabilitation work is complete.
The new concrete power poles at Denton Tap and Bethel School are in and
the utility lines are expected to be moved in the next two weeks, which will
allow work at this intersection to continue.
We expect final completion/demobilization on Plantation in the next few
weeks.
The City of Coppell's Utility Billing Department will close at noon on Friday,
May 20 and will reopen at 8 am, Monday, May 23. In-person bill payment will
not be available during this time. To view additional payment options, please
visit the website.
Mayor and Council Reports15.
Report by the City Council on recent and upcoming events.
Coppell seeks residents to serve on Special Counsel and the Ethics Review
Panel. Applications will be accepted online through June 13th.
The Coppell Farmers Market is the best unique, small market in the Dallas/Fort
Worth area. Vendors feature grass-fed meats and poultry, organic eggs, artisan
breads, honey, and other specialty products. Come out to the Farmers Market
to find local healthy food, develop a relationship with those providing your
food, meet up with friends and neighbors, and be a part of the local movement
at The Square at Old Town May 14th from 8am-Noon.
Coppell Community Chorale Presents: In Good Time Saturday, May 14th at 7
pm & Sunday, May 15th at 3 pm in the Main Hall of the Coppell Art Center.
Tickets are available online.
Page 7City of Coppell, Texas
20
May 10, 2022City Council Minutes
Who could use a night out with friends right now? Paint & Sips are a fun way
to create memories and masterpieces. Please bring your friends or significant
other to wine up and then wind down during one of our two-hour painting
classes at The Coppell Art Center on May 18th from 6-8pm, tickets are now
available.
Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
16.
Mayor Wes Mays reported on the North Dallas Chamber of Commerce meeting
held May 9, 2022.
Necessary Action from Executive Session17.
No Executive Session held.
Adjournment18.
There being no further business before the City Council, the meeting was
adjourned at 9:27 p.m.
__________________________
Wes Mays, Mayor
ATTEST:
__________________________
Sara Egan, Deputy City Secretary
Page 8City of Coppell, Texas
21
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6273
File ID: Type: Status: 2022-6273 Agenda Item Consent Agenda
1Version: Reference: In Control: Parks and
Recreation
05/02/2022File Created:
Final Action: RodriguezFile Name:
Title: Consider approval of awarding an annual contract with Rodriguez Graveside
Services, for Interment Services at Rolling Oaks Memorial Center, as
budgeted; and authorizing the City Manager to sign all necessary documents.
Notes:
Sponsors: Enactment Date:
Memo.pdf, Rodriguez Contract.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6273
Title
Consider approval of awarding an annual contract with Rodriguez Graveside Services, for
Interment Services at Rolling Oaks Memorial Center, as budgeted; and authorizing the City
Manager to sign all necessary documents.
Summary
See attached memo.
Fiscal Impact:
Interment Services are included in the Rolling Oaks Memorial Center Special Revenue Fund
budget.
Staff Recommendation:
The Parks and Recreation Department recommends approval.
Page 1City of Coppell, Texas Printed on 5/20/2022
22
Master Continued (2022-6273)
Strategic Pillar Icon:
Sustainable Government
Page 2City of Coppell, Texas Printed on 5/20/2022
23
1
MEMORANDUM
To: Mayor and City Council
From: Gary Decker, Rolling Oaks Memorial Center Manager
Via: Jessica Carpenter, Director of Parks and Recreation
Date: May 24, 2022
Reference: Consider award of an annual contract to Rodriguez Graveside Services, for
Interment Services at Rolling Oaks Memorial Center, as budgeted; and
authorizing the City Manager to sign all necessary documents.
2040: Foundation: Sustainable Government
Pillar 2: Foster an Inclusive Community Fabric
Introduction:
On April 5, 2022, the Rolling Oaks Memorial Center solicited bids for Interment Services to be
performed on an as needed basis. On April 26, 2022, one (1) interment service vendor turned in a bid
for consideration. Rodriguez Graveside Services was the sole vendor that submitted a bid per the
Pricing Schedule list which included interments (single and double depth), disinterments,
monument/maker placement, sodding and graveside tent/chair setup.
• Bid #Q-0422-02 for Cemetery Interment Services opened Tuesday, April 26, 2022.
Contract includes interment, disinterment, and monument/marker installation services.
Bids were submitted on a Unit Price for each specific type of cemetery burial-related
task.
• One (1) bid received.
• Contract term is for one-year with options to renew four (4) additional one-year terms.
Analysis:
Rodriguez Graveside Services (RGS) is a locally owned business and has provided interment services
for ROMC for the last seven years. Their performance has met the expectations of the cemetery during
this period. RGS opened and closed 280 properties last fiscal year at ROMC without any deficiencies
in the standards established for the burial process. In fiscal year 2020 -2021 RGS contracted a total
invoice of $518,438 and current year to date is $542,181. RGS operates in three other cemeteries
24
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which are in Plano, Granbury, and Cleburne. They have the equipment and other necessary resources
to accommodate the needs of all their clients.
The Parks and Recreation Department worked with the City’s Procurement Division to secure bids
for this contract. The Parks and Recreation Department recommends that RGS be awarded Bid #Q -
0422-02 for the Interment Services Contract with options to renew four (4) additional one-year terms
subject to staff review of the quality and service received.
Legal Review:
Agenda item was reviewed by the City’s legal counsel.
Fiscal Impact:
The total fiscal impact would be dependent upon the number of property opening/closings,
monument/marker settings and other listed services provided during the year. Interment services are
included in the cost of burial services for “At Need” families. The Rolling Oaks Memorial Center
budget includes funding for this contract.
Recommendation:
The Parks and Recreation Department recommends approval of this item.
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Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6306
File ID: Type: Status: 2022-6306 Agenda Item Consent Agenda
1Version: Reference: In Control: Parks and
Recreation
05/13/2022File Created:
Final Action: Elite Tree ServicesFile Name:
Title: Consider award of Bid Q-0522-01 for a Tree Maintenance Services Annual
Contract, by Elite Tree Service, not to exceed $65,000.00, as budgeted; and
authorizing the City Manager to sign all necessary documents.
Notes:
Sponsors: Enactment Date:
Memo.pdf, Elite Tree contract.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6306
Title
Consider award of Bid Q-0522-01 for a Tree Maintenance Services Annual Contract, by Elite
Tree Service, not to exceed $65,000.00, as budgeted; and authorizing the City Manager to sign
all necessary documents.
Summary
See attached memo.
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
The Parks and Recreation staff recommends approval.
Page 1City of Coppell, Texas Printed on 5/20/2022
35
Master Continued (2022-6306)
Strategic Pillar Icon:
Apply 'Smart City' Approach to Resource Management
Page 2City of Coppell, Texas Printed on 5/20/2022
36
1
MEMORANDUM
To: Mayor and City Council
From: David Ellison, Parks Operations Manager
Via: Jessica Carpenter, Director of Parks and Recreation
Date: May 24, 2022
Reference: Consider award of Bid Q-0522-01 for a Tree Maintenance Services Annual Contract,
by Elite Tree Service, not to exceed $65,000, as budgeted; and authorize the City
Manager to sign all necessary documents.
2040: Pillar 7: Apply “Smart City” Approach to Resource Management
Introduction:
On May 5, 2022, three (3) tree maintenance vendors turned in bids for consideration. Elite Tree
Service was the lowest bidder and offers the best value.
• Bid Q-0522-01 for Tree Maintenance Services Opened May 5, 2022. Contract includes
structural pruning, hazardous limb and tree removal, stump grinding and debris haul-off.
• Three (3) bids received.
• Bid was best value when considering cost as well as their previous excellent service history with
the City over the last 14 years.
• Budgeted amount of $65,000.00.
• Contract term is for one-year with options to renew four (4) additional one-year terms.
Analysis:
To properly maintain the public forest, the City of Coppell annually contracts with a professional tree
maintenance company. The contract is for trimming and pruning for aesthetic and functional
purposes, removal of hazardous limbs and trees and stump grinding. This contract covers emergency
removal of downed or damaged trees after weather events as well as regular maintenance that is
necessary for the health of the forest and the safety of the community.
The Parks and Recreation Department worked with the Procurement Division to bid this contract.
The award of this bid was determined by cost as well as previous experience with the vendor which
37
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resulted in overall best value. The Parks and Recreation Department recommends that Elite Tree
Service be awarded Bid Q-0522-01 for the Tree Maintenance Services Annual Contract.
Legal Review:
Agenda item was reviewed by the City’s legal counsel.
Fiscal Impact:
The fiscal impact of this Agenda item is $65,000.00; as budgeted.
Recommendation:
The Parks and Recreation Department recommends approval of this item.
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45
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47
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6307
File ID: Type: Status: 2022-6307 Agenda Item Consent Agenda
1Version: Reference: In Control: Engineering
05/16/2022File Created:
Final Action: Arbor Brook Design ContractFile Name:
Title: Consider approval to enter into a contract with Teague Nall and Perkins; for
the design of drainage improvements to the Arbor Brook Channel (Stream
G-3); in the amount of $100,000.00; as budgeted in the DUD funds; and
authorizing the City Manager to sign all necessary documents.
Notes:
Sponsors: Enactment Date:
Arbor Brook Channel Design Memo.pdf, Arbor Brook
Channel Exhibit.pdf, TNP Contract - Proposal.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6307
Title
Consider approval to enter into a contract with Teague Nall and Perkins; for the design of
drainage improvements to the Arbor Brook Channel (Stream G-3); in the amount of
$100,000.00; as budgeted in the DUD funds; and authorizing the City Manager to sign all
necessary documents.
Summary
Fiscal Impact:
The fiscal impact of this agenda item is $100,000 as budgeted in the Drainage Utility District
fund.
Staff Recommendation:
Page 1City of Coppell, Texas Printed on 5/20/2022
48
Master Continued (2022-6307)
The Public Works Department recommends approval.
Strategic Pillar Icon:
Sustainable Government
Page 2City of Coppell, Texas Printed on 5/20/2022
49
1
MEMORANDUM
To: Mayor and City Council
From: Mike Garza, P.E., Assistant Director of Public Works
Kent Collins P.E., Director of Public Works
Date: May 24, 2022
Reference: Design Contract for Stream G-3 (Arbor Brook Channel)
2040 Pillar 0: Sustainable City Government
Goal 3: Well-maintained City Infrastructure
General Information:
· Stream G-3 (Arbor Brook Channel) is a natural drainage channel.
· Northlake Woodlands was developed in the mid to late 1970’s.
· The channel does not convey storm water runoff as effectively as it once did.
· The sanitary sewer main aligned in the channel needs to be replaced.
· This project would address conveyance and replace the sanitary sewer.
· Teague Nall and Perkins is an approved engineering design service provider selected through
qualifications-based selection process as required by State law.
· This design contract is proposed with a not-to-exceed value of $100,000.
Introduction:
This agenda item is being presented for approval to enter into an engineering design contract with
Teague Nall and Perkins, Inc. in the amount of $100,000 for the reconstruction of Stream G-3 (Arbor
Brook Channel) as budgeted through the Drainage Utility District fund. This is a natural drainage
channel that is in the Northlake Woodlands Subdivision, between Denton Tap Road and Moore Road,
south of Bethel School, between Arbor Brook Lane and Leavalley Drive.
Analysis:
The Northlake Woodlands Subdivision was developed in the mid- to late-1970’s. At that time, the
city did not have the same drainage standards/guidelines that are in place today. The development
was designed to drain the storm water runoff from the roadways to bar ditches and into this channel
50
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behind the homes between Arbor Brook Lane and Leavalley Drive and eventually to Grapevine
Creek. Over the years, this channel has filled in either naturally or artificially with debris, leaves,
grass clippings and silt. Homeowners have also installed structures (sheds, raised gardens, fences,
etc.) within the 20-foot-wide drainage easement that can block conveyance. As part of the design
process, staff will meet with all the impacted homeowners.
According to the plat and the development requirements, the individual homeowners are responsible
for maintaining the open ditches and drainage channels including the ones in their front yard and back
yard. Over the last 40+ years this may or may not have happened in some locations, so the channel is
not performing effectively. This project will address conveyance, which is the City’s responsibility
as part of the National Flood Insurance Program.
There is a sanitary sewer main that runs down the middle of the drainage channel that has become
exposed due to the degradation and scouring of the channel bottom. This sewer main needs to be
replaced as well. As part of this project, this sewer main will be replaced utilizing the water/sewer
fund.
This contract will be to design a solution that will meet current drainage design standards and
guidelines to effectively convey the storm water runoff. It will also design for the replacement of the
sanitary sewer main that has become exposed in the middle of the channel. Teague Nall and Perkins
is a qualified full-service engineering design firm and was selected through a qualifications-based
process as required by State law.
Legal Review:
The City Attorney has reviewed the design contract.
Fiscal Impact:
The fiscal impact of this agenda is $100,000 as budgeted from the Drainage Utility District fund.
Recommendation:
The Public Works Department recommends approval of this item.
51
Proposed Drainage ImprovementsArbor Brook ChannelCity of CoppellCreated in CIVIL3D1 INCH = 1 MILE0S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2022.dwg\ARBOR BROOK CHANNELCreated on: 12 April 2022 by Scott Latta1/21/2 1
52
1 INCH = FT.0400400200Proposed Drainage ImprovementsArbor Brook ChannelCity of CoppellCreated in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2022.dwg\ARBOR BROOK CHANNELCreated on: 12 April 2022 by Scott Latta2/2AREA OF PROPOSEDDRAINAGE IMPROVEMENTS53
Fort Worth5237 N. Riverside Drive, Suite 100Fort Worth, Texas 76137817.336.5773
Allen825 Watters Creek Blvd, Suite M300Allen, Texas 75013214.461.9867 Denton1517 Centre Place Drive, Suite 320Denton, Texas 76205940.383.4177
Registered by the Texas Board of Professional Engineers, Firm No. F-230 Registered by the Texas Board of Professional Surveyors, Firm No. 100116-00/100116-01
AUTHORIZATION FOR PROFESSIONAL SERVICES
May 13, 2022
PROJECT NAME: Coppell Arbor Brook Schematic Drainage Improvements
CLIENT: City of Coppell
Attn: Mr. Mike Garza, PE
265 E. Parkway Blvd.
Coppell, TX 75019
MGarza@coppelltx.gov
P 972.304.3681
CONSULTANT: Matt Atkins, PE
Teague Nall and Perkins, Inc.
825 Watters Creek Boulevard, Suite M300
Allen, Texas 75013
matkins@tnpinc.com
P 214.461.9867, Direct P 972.833.6872
The City of Coppell (the “CLIENT”) hereby requests and authorizes Teague Nall & Perkins, Inc., (TNP, the
“CONSULTANT”) to perform the following services:
ARTICLE I
PROJECT DESCRIPTION: The CLIENT has asked the CONSULTANT to provide engineering design services for drainage
improvements and a sanitary sewer replacement/in-situ rehabilitation in the area between Arbor Brook Lane and
Leavalley Lane in Coppell, Texas. The drainage improvements will mainly be within an existing drainage easement that
runs along the back yards in between these two streets. The project also includes the replacement of approximately
800 linear feet of an existing 8” clay sanitary sewer pipe in this area. The services under this contract include the
preparation of a Schematic Design Report summarizing various design options, and does not include a full engineering
design.
SCOPE: TNP appreciates this opportunity to be of service. A detailed description of the scope is presented in Attachment
‘A’ and fees for these services are presented herein.
ARTICLE II
COMPENSATION to be on a basis of the following:
Basic Services
A. Boundary and Topographic Surveying Services (fixed fee): $ 20,250.00
B. Engineering Design Services (fixed fee): $ 71,750.00
C. Public Meeting Exhibits and Presentation (fixed fee): $ 5,000.00
D. Reimbursable Expenses: $ 3,000.00
Total, including estimated reimbursable expenses: $ 100,000.00
1. Direct Cost Reimbursables: A fee equal to 3% of labor billings shall be included on each monthly invoice
for prints, plots, photocopies, plans or documents on CD, DVD or memory devices, and mileage. No
individual or separate accounting of these items will be performed by TNP. Any permit fees, filing fees,
or other fees related to the project and paid on behalf of the client by TNP to other entities shall be
54
Coppell Arbor Brook Schematic Drainage Improvements, Coppell, TX
May 13, 2022
TBPE Firm No. F-230
TBPLS Firm No. 10011600 / 10011601 / 10194381
Q:\Prospects\2021\Coppell Arbor Brook Drainage\Coppell Arbor Brook Drainage Proposal-5-13.docx
invoiced at 1.10 times actual cost.
2. Additional Services: Services requested by the CLIENT and provided the CONSULTANT which are not
specifically included in the scope of services outlined above and defined in Attachment ‘A’ shall be
reimbursed on an hourly basis at the CONSULTANT’s standard hourly rates.
3. Payment Terms: CLIENT shall be billed monthly for services rendered and pay promptly upon receipt
of invoice. Delays of transmitting payments to CONSULTANT more than 30 days from invoice date may
result in cessation of services until payment is received.
ARTICLE III
CONTRACT PROVISIONS:
Contract provisions are attached hereto and made a part hereof.
Please execute and return a signed copy for our files. Receipt of an executed copy of this contract will serve as notice
to proceed. No work shall commence on the project until CONSULTANT receives an executed copy of this contract. By
signing below, the signer warrants that he or she is authorized to execute binding contracts for the CLIENT.
Approved by CLIENT:
Accepted by CONSULTANT:
City of Coppell Teague Nall and Perkins Inc.
By:
By:
Mike Garza, P.E. Michael DeMotte, P.E.
Title: Title: Director of Engineering Services
Allen Office
Date: Date: May 13, 2022*
* This service agreement is void if not executed and
returned to the CONSULTANT within 30 days of this date.
55
Coppell Arbor Brook Schematic Drainage Improvements, Coppell, TX
May 13, 2022
TBPE Firm No. F-230
TBPLS Firm No. 10011600 / 10011601 / 10194381
Q:\Prospects\2021\Coppell Arbor Brook Drainage\Coppell Arbor Brook Drainage Proposal-5-13.docx
ATTACHMENT A
56
Coppell Arbor Brook Schematic Drainage Improvements, Coppell, TX
May 13, 2022
TBPE Firm No. F-230
TBPLS Firm No. 10011600 / 10011601 / 10194381
Q:\Prospects\2021\Coppell Arbor Brook Drainage\Coppell Arbor Brook Drainage Proposal-5-13.docx
BASIC SERVICES:
A. BOUNDARY AND TOPOGRAPHIC SURVEYING SERVICES
• PROJECT LIMITS: Project limits will begin in the existing drainage channel (20’ Utility/Drainage Easement)
between Arbor Brook Lane and Rocky Branch Lane/Leavalley Lane at its intersection with the north right-of-
way of Meadowcreek Road heading northerly (approximately 1,500’) along said channel to the south right-of-
way of Briarcove Lane and the southwest right-of-way of Leavalley Lane at the fork in channel (approximately
200’).
• BOUNDARY VERIFICATION
1. Establish horizontal control points as needed throughout the project. The basis of bearings will be the Texas
Coordinate System of 1983 (North Central Zone; NAD83 (2011) Epoch 2010).
2. Title research and deeds obtained of the subject property and the adjoining property owners.
3. A thorough investigation of boundary markers/corners will be made on the subject property and the adjoining
property.
4. A boundary analysis of the property will be made by a Registered Professional Land Surveyor to establish
the existing right-of-way.
5. A Property base will be prepared.
6. Deliverable: Existing Property Base including the items listed above for alignment purposes.
7. Data will be delivered in Texas Coordinate System of 1983 North Central Zone (4202) scaled to Surface
with a combined scale factor supplied.
1. TOPOGRAPHIC SURVEY
1. Establish vertical benchmarks as needed throughout the project.
2. The visible improvements such as curbs, walks, fences, buildings, signs, etc. will be located and shown on the
survey.
3. Visible utilities such as power poles, manholes and valves will be located.
4. The property lines identified by the Boundary Verification will be incorporated into the topo.
5. Invert information will be collected for Storm Utilities and Sanitary Sewer Utilities if present on site.
6. Locate Protected trees 6” and up and unprotected trees 10” and up per City of Coppell’s Tree Ordinance.
7. Deliverable: Topographic drawing in digital format showing 1foot contour intervals and the items listed above
for design purposes.
8. Data will be delivered in Texas Coordinate System of 1983 North Central Zone (4202) scaled to Surface
with a combined scale factor supplied.
57
Coppell Arbor Brook Schematic Drainage Improvements, Coppell, TX
May 13, 2022
TBPE Firm No. F-230
TBPLS Firm No. 10011600 / 10011601 / 10194381
Q:\Prospects\2021\Coppell Arbor Brook Drainage\Coppell Arbor Brook Drainage Proposal-5-13.docx
B. ENGINEERING DESIGN SERVICES
• The following services will be provided as the Engineering Design phase:
1. Provide project management activities as necessary to properly manage the project, including work planning,
internal kickoff/QC meeting, periodic internal project progress meetings as required, and providing periodic
Project Status Reports (including schedule updates) to CLIENT.
2. Develop Design Criteria Matrix and Design Decisions Table.
3. Conduct project kickoff meeting with CONSULTANT project team and CLIENT staff.
4. Review and research City design standards, specifications, construction details, previously prepared
construction plans, record documents, and other pertinent information that may impact the design. Review of
documents will include but is not limited to:
a) Storm Drain Drainage Design Criteria
b) NCTCOG Standard Specifications and Standard Drawings for Public Works Construction, Fifth
Edition
c) City Amendments to NCTCOG Standard Specifications and Standard Drawings for Public Works
Construction, Fifth Edition
d) Recent Drainage Study (to be provided by CLIENT)
e) CCTV footage for the existing sanitary sewer line (to be provided by CLIENT)
5. Develop complete and accurate base map in AutoCAD Civil 3D 2020 showing all existing Right-of-Way
(ROW), easements, and utilities.
6. Incorporate Aerial Imagery from Nearmap into the base files.
7. Develop schematic design for the drainage improvements. Design will include an enclosed conduit solution,
with sizing for various storms and potential issues with the design and construction of the design option.
8. Develop schematic drainage analysis and storm sewer design for schematic design, including the following:
a) Review and confirm City standard specifications and details
b) Incorporate LIDAR contours into base map as necessary to delineate offsite drainage basins
draining towards the project area
c) Delineate drainage basin(s)
d) Determine starting HGL based on record documents or to match current City Criteria
e) Confirm storm sewer system sizing complies with the City drainage criteria
f) Pipe HGL calculations and the storm sewer vertical profile will not be included on the schematic
conceptual design exhibits
9. Develop schematic design for the sanitary sewer replacement/in-situ rehabilitation.
10. Prepare a preliminary list of easements necessary to construct the project.
11. Prepare an estimate of construction quantities and develop the preliminary statement of probable construction
cost for each schematic design option.
12. Conduct an Internal QC review workshop to review key design concepts (proposed grades, drainage design
approach, constructability, utility issues, etc.), and revise design as necessary.
13. Conduct a QC review workshop with CLIENT staff and design team to review key design concepts (proposed
grades, drainage design approach, constructability, utility issues, etc.).
58
Coppell Arbor Brook Schematic Drainage Improvements, Coppell, TX
May 13, 2022
TBPE Firm No. F-230
TBPLS Firm No. 10011600 / 10011601 / 10194381
Q:\Prospects\2021\Coppell Arbor Brook Drainage\Coppell Arbor Brook Drainage Proposal-5-13.docx
2. Based on feedback from the public meeting and the CLIENT, the CONSULTANT prepare Final Design, according
to the following services:
1. Provide project management activities as necessary to properly manage the project, including periodic
internal project progress meetings as required, and providing periodic Project Status Reports (including
schedule updates) to CLIENT.
2. Incorporate comments and feedback from CLIENT staff and public meeting.
3. CONSULTANT shall prepare construction plans including the following sheets (22” x 34”, unless other size is
requested):
a) Cover Sheet: This sheet will include basic construction plan information including contact information,
title, sheet index, vicinity map, and various other items included within TNP’s template. This project
assumes TNP’s Cover Sheet and Titleblock will be used for the construction plans.
b) Survey Plan Sheet(s): This sheet will contain original topographic and boundary survey information and
will be shown void of all proposed improvements. This sheet is for reference only.
c) General Construction Notes Sheet(s): This sheet will include the CONSULTANT’s best practices general
notes that are applicable to this particular project. Additional sheets will be included for the standard
notes required by the CLIENT should they be required and are applicable to the project.
d) Demolition Plan Sheet(s): This plan will be prepared showing the extents of demolition and
abandonment that will be required for the proposed improvements. The necessary concrete pavement,
fences, trees, pavement markings, water lines, vaults, etc. that are required to be relocated, reset,
demolished, or abandoned will be included if needed.
e) Drainage Plan and Profile Sheet(s): This sheet will be prepared in accordance with the CONSULTANT’s
best practices approach, and the CLIENT’s requirements. This sheet will show any drainage proposed
improvements including storm sewer lines, inlets, junction boxes, connections, manholes, utility crossings,
and the hydraulic grade line. Hydraulic calculations associated with the design will be provided on this
sheet, along with any other appropriate drainage related calculations.
f) Grading Plan Sheet(s): This sheet will be prepared in accordance with the CONSULTANT’s best
practices approach, and the CLIENT’s requirements. This plan sheet will generally include existing and
proposed contours, proposed slope, spot elevations, high points, low points, ridge lines, swales, and
other pertinent data as warranted by the specific project.
g) Sanitary Sewer Plan and Profile Sheet(s): This sheet will be prepared showing sanitary sewer utility
plan and profile. This sheet will generally include the existing ground, proposed grade, pipe size and
slope, structure callouts and locations, utility crossing data, and other pertinent data should it be
warranted to the specific project. Design will be based on the City criteria or standard practice as well
as applicable governing agencies (TCEQ). We have assumed adequate wastewater capacity to the
public systems where off-site utility improvements will not be required. Should off-site improvements be
required by the governing agencies, the design effort can be added at an additional fee. Flow
calculations and off-site analysis are also additional services.
h) Erosion Control Plan Sheet(s): This sheet will be prepared in accordance with City guidelines. A formal
SWPPP is not included in this scope as it is assumed that the contractor will supply this document. We
can provide this document as an additional service if requested. This plan will include the required
information for managing erosive forces during construction utilizing silt fence, stabilized construction
entrance(s), check dams, and other control structures. This effort assumes a catch basin will not be
required for this project. Should this effort be required, it can be provided at an additional fee.
59
Coppell Arbor Brook Schematic Drainage Improvements, Coppell, TX
May 13, 2022
TBPE Firm No. F-230
TBPLS Firm No. 10011600 / 10011601 / 10194381
Q:\Prospects\2021\Coppell Arbor Brook Drainage\Coppell Arbor Brook Drainage Proposal-5-13.docx
i) Construction Detail Sheet(s): These sheets will be prepared to include project specific construction
details. These details will include elements of the project for sanitary sewer, storm sewer, erosion
control, etc.
4. The CONSULTANT will provide the CLIENT with an Opinion of Probable Construction Cost (OPCC)
associated with the final construction plans. Note that this estimate is made on the basis of the
CONSULTANT’s experience and judgement as a design professional. It must be recognized that any
evaluation of work to be performed to construct this project must be by necessity and speculative in nature
until completion of its actual detailed design. In addition, the CONSULTANT has no control over the cost of
labor, materials or services to be furnished by others or over market conditions. Accordingly, the
CONSULTANT cannot guarantee that actual costs will not vary from the opinions expressed.
5. The CONSULTANT will outline the applicable special technical specifications needed for this project should
any be required.
6. The CONSULTANT will perform internal QA/QC review of plans, special technical specifications, and
OPCC, and will revise as necessary.
7. It is anticipated that two (2) City submittals of final construction plans, OPCC, and special technical
specifications will be required. The CONSULTANT will apply any comments received from the first City
submittal prior to the second City submittal. If significant design changes are requested by the CLIENT
during the Final Design phase or if more than two (2) City submittals are required, the associated
additional design effort can be provided at an additional fee.
8. For each City submittal, the CONSULTANT shall provide two (2) full size (22”x34”) and three (3) half size
(11”x17”) sets of final construction plans, one (1) copy of the OPCC, and one (1) set of the special technical
specifications. PDF versions of all documents will be provided with each submittal, and additional hard
copies will be provided upon request.
9. Assist the CLIENT staff in advertising for bids.
10. Submit a CD of the bid set plans and bid documents in PDF format.
11. Submit one (1) half size (11”x17”) set of final prints and one bound copy of the bid documents to the
CLIENT designated Material Testing Laboratory.
12. Attend pre-bid conference (conducted by CLIENT).
13. Assist CLIENT by responding to questions and interpreting bid documents.
14. Prepare and provide the CLIENT with addenda to bid documents as necessary.
15. Attend and assist CLIENT staff at the CLIENT bid opening.
16. Provide bid tabulation (Excel) to the CLIENT within four working days of the bid opening.
17. Provide eight (8) full size (22”x34”) and five (5) half size (11”x17”) sets of final construction plans and six
(6) sets of the contract documents to the CLIENT for construction. Conformed drawings will also be provided
in electronic format.
18. Attend a pre-construction conference should one be required by the City of Coppell.
60
Coppell Arbor Brook Schematic Drainage Improvements, Coppell, TX
May 13, 2022
TBPE Firm No. F-230
TBPLS Firm No. 10011600 / 10011601 / 10194381
Q:\Prospects\2021\Coppell Arbor Brook Drainage\Coppell Arbor Brook Drainage Proposal-5-13.docx
19. The CONSULTANT will prepare a reproducible set of As-Built drawings in AutoCAD based on field changes
made during construction and any notes or marked up plans provided by the contractor. This is to be
performed only if requested by the CLIENT.
20. The CONSULTANT will respond, as necessary, to RFIs (Request for Information) during the construction phase
of this project.
21. The CONSULTANT will review Shop Drawings provided by the contractor
C. PUBLIC MEETING EXHIBITS AND PRESENTATION
• Prepare exhibits for schematic design and prepare presentation for one (1) public meeting to present the
project and proposed improvements.
1. Exhibits will incorporate any design revisions needed based on feedback from QC review workshop with
CLIENT staff and design team.
2. The public meeting will involve the following:
a) Presentation of the steps of the process to that point.
b) Presentation of the goals of the project.
c) Presentation of the design for the project.
d) Provide opportunities for feedback from stakeholders.
e) Compile/organize feedback from stakeholders for incorporation into the project.
3. If additional public meetings are required, they may be added to the project scope as an additional service
for an additional fee.
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Coppell Arbor Brook Schematic Drainage Improvements, Coppell, TX
May 13, 2022
TBPE Firm No. F-230
TBPLS Firm No. 10011600 / 10011601 / 10194381
Q:\Prospects\2021\Coppell Arbor Brook Drainage\Coppell Arbor Brook Drainage Proposal-5-13.docx
ATTACHMENT B
ASSUMPTIONS, EXCLUSIONS, AND ADDITIONAL SERVICES
The intent of this scope of services is to include only the services specifically listed herein. Services specifically excluded
from this scope of services include, but are not necessarily limited to the following:
a.) There are no wetlands, waters of the US, or other jurisdictional waters applicable to this site requiring Corps of
Engineers permitting;
b.) Wastewater shall be designed as a gravity system; design of grinder pumps and/or lift stations are not included
within this scope;
c.) Electrical, gas, and franchise utility design;
d.) Subcontract charges that are not defined specifically within this scope;
e.) Additional Surveying required to accommodate scope of either onsite or offsite design efforts;
f.) Easement preparation;
g.) Storm Water Pollution Prevention Plan, unless approved as an additional service;
h.) FEMA Flood Plain Studies, assessments, amendments;
i.) Construction Staking; it can be provided upon request;
j.) Water and/or Sewer Studies and modeling;
k.) Detention pond design not specifically outlined that are not defined specifically within this scope;
l.) Traffic Studies or counts;
m.) Geotechnical Engineering;
n.) Subsurface Utility Engineering (SUE);
o.) Illumination Design;
p.) Correspondence and work requests related to Franchise Utility Design;
q.) CLIENT requested revisions to a proposed layout occurring after start of civil design;
r.) Design of foundations for structures, soil conditioning plans, landscape features, automated entry gates and water
features.
s.) Any off-site improvements: street improvements, storm sewer improvements, grading improvements, water or
wastewater improvements, etc. that are not defined specifically within this scope;
t.) Any off-site studies and design: drainage, water, sanitary sewer, etc. that are not defined specifically within this
scope;
u.) Tree mitigation plan;
v.) Structural design of screening walls, retaining walls, foundations, etc. are not included within this scope;
w.) Architectural elements including screening wall design, retaining wall design, façade plans, etc.;
x.) The floodplain note will be based on the current flood insurance rate maps prepared by FEMA or City approved
drainage study only;
y.) The fee does not include preparation of a floodplain study or research to determine if one is necessary or has
been performed or detailed drainage studies to analyze conveyance of off-site runoff involving hydrologic or
hydraulic analyses, survey cross sections, field notes and easements;
z.) Preparation of Traffic Control Plans shall be provided by Contractor;
62
Coppell Arbor Brook Schematic Drainage Improvements, Coppell, TX
May 13, 2022
TBPE Firm No. F-230
TBPLS Firm No. 10011600 / 10011601 / 10194381
Q:\Prospects\2021\Coppell Arbor Brook Drainage\Coppell Arbor Brook Drainage Proposal-5-13.docx
ATTACHMENT C
Teague Nall and Perkins, Inc.
2022 Standard Hourly Rates (vers 121622)
Effective January 1, 2022 to December 31, 2022
Hourly
Engineering/Landscape Architecture/ROW Billing Rate
Principal or Director 270.00
Team Leader 260.00
Senior Project Manager 250.00
Project Manager 200.00
Senior Engineer 260.00
Project Engineer 170.00
Engineer III/IV 140.00
Engineer I/II 130.00
Senior Landscape Architect/Planner 200.00
Landscape Architect / Planner 180.00
Landscape Designer 125.00
Senior Designer 165.00
Designer 150.00
Senior CAD Technician 135.00
CAD Technician 120.00
IT Technician 180.00
Clerical 85.00
ROW Manager 220.00
Senior ROW Agent 175.00
ROW Agent 135.00
Relocation Agent 170.00
ROW Admin 90.00
Intern 80.00
Hourly
Surveying Billing Rate
Survey Manager 245.00
Registered Professional Land Surveyor (RPLS) 210.00
Field Coordinator 145.00
S.I.T. or Senior Survey Technician 145.00
Survey Technician 120.00
1-Person Field Crew w/Equipment** 155.00
2-Person Field Crew w/Equipment** 185.00
3-Person Field Crew w/Equipment** 210.00
4-Person Field Crew w/Equipment** 230.00
Flagger 55.00
Abstractor (Property Deed Research) 95.00
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Coppell Arbor Brook Schematic Drainage Improvements, Coppell, TX
May 13, 2022
TBPE Firm No. F-230
TBPLS Firm No. 10011600 / 10011601 / 10194381
Q:\Prospects\2021\Coppell Arbor Brook Drainage\Coppell Arbor Brook Drainage Proposal-5-13.docx
Small Unmanned Aerial Systems (sUAS) Equipment & Crew 420.00
Terrestrial Scanning Equipment & Crew 265.00
Hourly
Utility Management, Utility Coordination, and SUE Billing Rate
Senior Utility Coordinator 175.00
Utility Coordinator 160.00
Sr. Utility Location Specialist 165.00
Utility Location Specialist 100.00
1-Person Designator Crew w/Equipment*** 155.00
2-Person Designator Crew w/Equipment*** 180.00
2-Person Vac Excavator Crew w/Equip (Exposing Utility Only) 300.00
(4 hr.
min.)
Core Drill (equipment only) 790.00 per day
SUE QL-A Test Hole (0 < 8 ft)**** 2,200.00 each
SUE QL-A Test Hole (> 8 < 15 ft)**** 2,700.00 each
Hourly
Construction Management, Construction Engineering and Inspection (CEI) Billing Rate
Construction Inspector I/II 110.00
Construction Inspector III 120.00
Senior Construction Inspector 140.00
Construction Superintendent 185.00
Senior Project Manager 250.00
Construction Manager 200.00
Senior Construction Manager 250.00
Construction Records Keeper 120.00
Direct Cost Reimbursables
A fee equal to 3% of labor billings shall be included on each monthly invoice for prints, plots,
photocopies, plans or documents on CD, DVD or memory devices, and mileage. No individual or
separate accounting of these items will be performed by TNP.
Any permit fees, filing fees, or other fees related to the project and paid on behalf of the client
by TNP to other entities shall be invoiced at 1.10 times actual cost.
Notes:
All subcontracted and outsourced services shall be billed at rates comparable to TNP’s billing rates above or cost times a multiplier
of 1.10.
* Rates shown are for 2022 and are subject to change in subsequent years.
** Survey equipment may include truck, ATV, Robotic Total Station, GPS Units and Digital Level.
*** Includes crew labor, vehicle costs, and field supplies.
****Does not include Level B Designating effort.
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Coppell Arbor Brook Schematic Drainage Improvements, Coppell, TX
May 13, 2022
TBPE Firm No. F-230
TBPLS Firm No. 10011600 / 10011601 / 10194381
Q:\Prospects\2021\Coppell Arbor Brook Drainage\Coppell Arbor Brook Drainage Proposal-5-13.docx
ATTACHMENT D
PROVISIONS
1. AUTHORIZATION TO PROCEED
Signing this form shall be construed as authorization by CLIENT
for TNP, Inc. to proceed with the work, unless otherwise provided
for in the authorization.
2. LABOR COSTS
TNP, Inc.'s Labor Costs shall be the amount of salaries paid TNP,
Inc.'s employees for work performed on CLIENT’S Project plus a
stipulated percentage of such salaries to cover all payroll-related
taxes, payments, premiums, and benefits.
3. DIRECT EXPENSES
Unless otherwise stated, a fee equal to 3% of labor billings shall
be included on each monthly invoice to account for the TNP’s
direct expenses for the Project. Direct Expenses shall be those
costs incurred on or directly for the CLIENT'S Project, including but
not limited to prints, plots, copies, postage, courier services,
binding charges, mileage, etc.
4. OUTSIDE SERVICES
When technical or professional services are furnished by an
outside source, when approved by CLIENT, an additional amount
shall be added to the cost of these services for TNP, Inc.'s
administrative costs, as provided herein.
5. ENGINEER’S OPINION OF PROBABLE COST
Any cost opinions provided by TNP, Inc. will be on a basis of
experience and judgment, but since it has no control over market
conditions or bidding procedures TNP, Inc. cannot warrant that
bids or ultimate construction costs will not vary from these cost
opinions.
6. PROFESSIONAL STANDARDS
TNP, Inc. shall be responsible, to the level of competency
presently maintained by other practicing professional engineers in
the same type of work in CLIENT'S community, for the professional
and technical soundness, accuracy, and adequacy of all design,
drawings, specifications, and other work and materials furnished
under this Authorization. TNP, Inc. makes no other warranty,
expressed or implied.
7. TERMINATION
Either CLIENT or TNP, Inc. may terminate this authorization by
giving 30 days written notice to the other party. In such event
CLIENT shall forthwith pay TNP, Inc. in full for all work previously
authorized and performed prior to effective date of termination. If
no notice of termination is given, relationships and obligations
created by this Authorization shall be terminated upon completion
of all applicable requirements of this Authorization.
8. ARBITRATION
All claims, disputes, and other matters in question arising out of,
or relating to, this Authorization or the breach thereof may be
decided by arbitration in accordance with the rules of the American
Arbitration Association then obtaining. Either CLIENT or TNP, Inc.
may initiate a request for such arbitration, but consent of the other
party to such procedure shall be mandatory. No arbitration arising
out of, or relating to this Authorization shall include, by
consolidation, joinder, or in any other manner, any additional party
not a party to this Authorization.
9. LEGAL EXPENSES
In the event legal action is brought by CLIENT or TNP, Inc. against
the other to enforce any of the obligations hereunder or arising out
of any dispute concerning the terms and conditions hereby
created, the losing party shall pay the prevailing party such
reasonable amounts for fees, costs and expenses as may be set
by the court.
10. PAYMENT TO TNP, INC.
Monthly invoices will be issued by TNP, Inc. for all work performed
under the terms of this agreement. Invoices are due and payable
on receipt. Interest at the rate of 1½% per month will be charged
on all past-due amounts, unless not permitted by law, in which
case, interest will be charged at the highest amount permitted by
law.
11. LIMITATION OF LIABILITY
TNP, Inc.'s liability to the CLIENT for any cause or combination of
causes is in the aggregate, limited to an amount no greater than
the fee earned under this agreement.
12. ADDITIONAL SERVICES
Services in addition to those specified in Scope will be provided by
TNP, Inc. if authorized in writing by CLIENT. Additional services
will be paid for by CLIENT as indicated in attached Basis of
Compensation or as negotiated.
13. SALES TAX
In accordance with the State Sales Tax Codes, certain surveying
services are taxable. Applicable sales tax is not included in the
above proposed fee. Sales tax at an applicable rate will be
indicated on invoice statements.
14. SURVEYING SERVICES
In accordance with the Professional Land Surveying Practices Act
of 1989, the CLIENT is informed that any complaints about
surveying services may be forwarded to the Texas Board of
Professional Engineers and Land Surveyors, 1917 S. Interstate
35, Austin, Texas 78741, fax: (512) 440-5715.
15. INVALIDITY CLAUSE
In case any one or more of the provisions contained in this
Agreement shall be held illegal, the enforceability of the remaining
provisions contained herein shall not be impaired thereby.
16. PROJECT SITE SAFETY
TNP, Inc. has no duty or responsibility for project site safety.
17. DRAINAGE CLAUSE
TNP, Inc. in the performance of its services may be required to
assess the impact of the Project on neighboring property owners.
The parties to this Agreement recognize that the development of
real property has the potential to increase water runoff on
downstream properties, and that such increase in runoff increases
the possibility of water damage to downstream properties. The
CLIENT agrees to indemnify and hold the Engineer harmless from
any and all claims and damages arising, directly or indirectly, from
water or drainage damage to downstream properties resulting from
the development and construction of the Project. CLIENT shall not
be required to reimburse Engineer for any claims or expenses
arising out of the Project if it is determined by a court of competent
jurisdiction that Engineer was negligent in the performance of its
duties and obligations, and that Engineer’s negligence was the
direct cause of damage to a property downstream of the Project.
18. CONSTRUCTION MEANS AND METHODS
Means and methods of construction are the sole responsibility of
the contracto
65
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6313
File ID: Type: Status: 2022-6313 Agenda Item Consent Agenda
1Version: Reference: In Control: Engineering
05/17/2022File Created:
Final Action: Pavement Marking Striping ContractFile Name:
Title: Consider approval of awarding Bid# Q-0422-01, Pavement Markers contract
to Road Master Striping, LLC; to perform annual pavement striping in the
amount of $100,000.00; as budgeted in the Infrastructure Maintenance Fund;
and approval for an additional $204,558.25; funded from ¼-cent IMF fund
balance; for a total award of $304,558.25; and authorizing the City Manager
to sign all necessary documents.
Notes:
Sponsors: Enactment Date:
Pavement Markers Annual Contract Memo.pdf, FY
21-22 Pavement Markers Locations Exhibit.pdf,
Pavement Markers Road Master Quotes.pdf, Road
Master Striping Contract.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6313
Title
Consider approval of awarding Bid# Q-0422-01, Pavement Markers contract to Road Master
Striping, LLC; to perform annual pavement striping in the amount of $100,000.00; as budgeted
in the Infrastructure Maintenance Fund; and approval for an additional $204,558.25; funded
from ¼-cent IMF fund balance; for a total award of $304,558.25; and authorizing the City
Manager to sign all necessary documents.
Summary
Fiscal Impact:
The fiscal impact of this agenda item is $100,000.00 as budgeted in the IMF, and $204,558.25
Page 1City of Coppell, Texas Printed on 5/20/2022
66
Master Continued (2022-6313)
funded from ¼-cent IMF fund balance.
Staff Recommendation:
The Public Works Department recommends approval.
Strategic Pillar Icon:
Sustainable Government
Page 2City of Coppell, Texas Printed on 5/20/2022
67
1
MEMORANDUM
To: Mayor and City Council
From: Kumar Gali, P.E., Assistant Director of Public Works-Operations
Kent Collins P.E., Director of Public Works
Date: May 24, 2022
Reference: Approval of Pavement Markers Bid# Q-0422-01
2040: Foundation Pillar: Sustainable City Government
Goal 3: Well-maintained City Infrastructure
General Information:
· This “Pavement Markers” bid will be used for annual re-striping of city streets,
intersections, and on-street bike paths.
· Bid# Q-0422-01 “Pavement Markers” advertised for bids and received one bid on
April 14th, 2022.
· This request is for approval of an annual contract for street markings with Roadmaster
Striping, LLC.
· The contract will be funded out of Infrastructure Maintenance Fund (IMF) and ¼-cent
IMF fund balance.
Introduction:
This agenda item is being presented to consider approval of awarding Bid# Q-0422-01, Pavement
Markers contract to Road Master Striping, LLC, to perform annual pavement marking in the
amount of $100,000.00 as budgeted in the Infrastructure Maintenance Fund, and approval for an
additional $204,558.25 funded from ¼-cent IMF fund balance; for a total award of $304,558.25;
and authorizing the City Manager to sign any necessary documents.
Analysis:
To provide well-maintained city infrastructure, pavement markings and markers require annual
maintenance and replacement. The city budgets every year for street and parking lot striping in the
Infrastructure Maintenance Fund (IMF). This work typically consists of replacement of thermoplastic
pavement markings and raised pavement markers on city streets, intersections, school zones, parking
lots and trails. The city has recently changed lane markings standards from an all raised reflective
pavement markers standard to a combination of thermoplastic striping and raised pavement markers.
68
2
This contract will apply the new standard to replacing lane striping on East Belt Line Road, Denton
Tap Road, Sandy Lake Road, and MacArthur Boulevard; and intersection markings at Belt
Line/MacArthur, Denton Tap Road/Natches Trace, Denton Tap/Town Center Drive, and Denton
Tap/Bethel Road. It also includes replacing the on-street bike lane markings along Moore Road and
Riverchase.
This request is for approval of an annual contract for pavement markings with Roadmaster Striping,
LLC. The contract allows up to four one-year extensions if it is deemed in the best interest of the city.
Legal Review:
The city standard form contract will be used and has been reviewed by the City Attorney.
Fiscal Impact:
The fiscal impact of this agenda item is $100,000.00 as budgeted in the IMF, and $204,558.25 funded
from ¼-cent IMF fund balance.
Recommendation:
The Public Works Department recommends approval of this item.
69
70
Proposal
Date
5/19/2022
Proposal #
22-519
Name / Address
THE CITY OF COPPELL
ACCOUNTS PAYABLE
P.O. BOX 9478
COPPELL, TEXAS 75019
Location
BELT LINE @ McARTHUR
COPPELL TX
Road Master Striping, LLC
1301 SE McKinney St
Rice, TX 75155
Bid Date
4/28/2022
Estimator miguel.loeza@roadmasterstriping.com
Total
Subtotal
Sales Tax (0.0%)
DBE#-HMDB02149N0423
DescriptionBid Item #Qty U/M Cost Total
REFL PAV MRK TY I (W) 4" (DOT)1 180 LF 0.75 135.00
REFL PAV MRK TY I (W) 4" (BRK)2 700 LF 0.75 525.00
REFL PAV MRK TY I (W) 8" (SLD)3 800 LF 1.50 1,200.00
REFL PAV MRK TY I (W) 24"(SLD)4 339 LF 8.00 2,712.00
REFL PAV MRK TY I (W) (ARROW)5 29 EA 180.00 5,220.00
REFL PAV MRK TY I (W) (WORD)6 17 EA 185.00 3,145.00
REFL PAV MRK TY I (W) (RR XING)7 4 EA 450.00 1,800.00
REFL PAV MRKR TY II-C-R8 70 EA 3.50 245.00
ELIM EXT PAV MRK & MRKS ( 4")9 880 LF 0.50 440.00
ELIM EXT PAV MRK & MRKS (8")10 800 LF 1.00 800.00
ELIM EXT PAV MRK & MRKS (24")11 339 LF 3.00 1,017.00
ELIM EXT PAV MRK & MRKS (ARROW)12 29 EA 35.00 1,015.00
ELIM EXT PAV MRK & MRKS (WORD)13 17 EA 40.00 680.00
ELIM EXT PAV MRK & MRKS (RR XING)14 4 EA 120.00 480.00
PRICE IS FOR WORK LISTED ABOVE ONLY.
ANY ADDITIONAL WORK WILL BE BY UNIT PRICE.
EXCLUSIONS:
TRAFFIC CONTROL & BARRICADESWORK ZONE
PAVEMENT MARKINGS, PREFAB TAPE, SIGNS,MMA
TRAFFIC PAINT,WATER BLASTING FOR REMOVAL
OR SURFACE PREP
0.00 0.00
$19,414.00
$19,414.00
$0.00
71
Proposal
Date
5/19/2022
Proposal #
22-522
Name / Address
THE CITY OF COPPELL
ACCOUNTS PAYABLE
P.O. BOX 9478
COPPELL, TEXAS 75019
Location
DENTON TAP @ BETHEL
COPPELL TX
Road Master Striping, LLC
1301 SE McKinney St
Rice, TX 75155
Bid Date
4/28/2022
Estimator miguel.loeza@roadmasterstriping.com
Total
Subtotal
Sales Tax (0.0%)
DBE#-HMDB02149N0423
DescriptionBid Item #Qty U/M Cost Total
REFL PAV MRK TY I (W) 12"(SLD)1 632 LF 4.00 2,528.00
REFL PAV MRK TY I (W) 24"(SLD)2 142 LF 8.00 1,136.00
REFL PAV MRK TY I (W) 4" (DOT)3 50 LF 0.75 37.50
ELIM EXT PAV MRK & MRKS ( 4")4 632 LF 0.50 316.00
ELIM EXT PAV MRK & MRKS (12")5 142 LF 1.50 213.00
ELIM EXT PAV MRK & MRKS (24")6 50 LF 3.00 150.00
PRICE IS FOR WORK LISTED ABOVE ONLY.
ANY ADDITIONAL WORK WILL BE BY UNIT PRICE.
EXCLUSIONS:
TRAFFIC CONTROL & BARRICADES, WORK ZONE
PAVEMENT MARKINGS, PREFAB TAPE, SIGNS,MMA
TRAFFIC PAINT,WATER BLASTING FOR REMOVAL
OR SURFACE PREP
0.00 0.00
$4,380.50
$4,380.50
$0.00
72
Proposal
Date
5/19/2022
Proposal #
22-523
Name / Address
THE CITY OF COPPELL
ACCOUNTS PAYABLE
P.O. BOX 9478
COPPELL, TEXAS 75019
Location
DENTON TAP @ NATCHES
TRACE
COPPELL TX
Road Master Striping, LLC
1301 SE McKinney St
Rice, TX 75155
Bid Date
4/28/2022
Estimator miguel.loeza@roadmasterstriping.com
Total
Subtotal
Sales Tax (0.0%)
DBE#-HMDB02149N0423
DescriptionBid Item #Qty U/M Cost Total
REFL PAV MRK TY I (W) 12"(SLD)1 842 LF 4.00 3,368.00
REFL PAV MRK TY I (W) 24"(SLD)2 162 LF 8.00 1,296.00
REFL PAV MRK TY I (W) 4" (DOT)3 34 LF 0.75 25.50
ELIM EXT PAV MRK & MRKS ( 4")4 842 LF 0.50 421.00
ELIM EXT PAV MRK & MRKS (12")5 162 LF 1.50 243.00
ELIM EXT PAV MRK & MRKS (24")6 34 LF 3.00 102.00
PRICE IS FOR WORK LISTED ABOVE ONLY.
ANY ADDITIONAL WORK WILL BE BY UNIT PRICE.
EXCLUSIONS:
TRAFFIC CONTROL & BARRICADES, WORK ZONE
PAVEMENT MARKINGS, PREFAB TAPE, SIGNS,MMA
TRAFFIC PAINT,WATER BLASTING FOR REMOVAL
OR SURFACE PREP
0.00 0.00
$5,455.50
$5,455.50
$0.00
73
Proposal
Date
5/19/2022
Proposal #
22-526
Name / Address
THE CITY OF COPPELL
ACCOUNTS PAYABLE
P.O. BOX 9478
COPPELL, TEXAS 75019
Location
DENTON TAP @ TOWN
CENTER
COPPELL TX
Road Master Striping, LLC
1301 SE McKinney St
Rice, TX 75155
Bid Date
4/28/2022
Estimator miguel.loeza@roadmasterstriping.com
Total
Subtotal
Sales Tax (0.0%)
DBE#-HMDB02149N0423
DescriptionBid Item #Qty U/M Cost Total
REFL PAV MRK TY I (W) 12"(SLD)1 320 LF 4.00 1,280.00
REFL PAV MRK TY I (W) 24"(SLD)2 138 LF 8.00 1,104.00
REFL PAV MRK TY I (W) 4" (DOT)3 26 LF 0.75 19.50
ELIM EXT PAV MRK & MRKS ( 4")4 320 LF 0.50 160.00
ELIM EXT PAV MRK & MRKS (12")5 138 LF 1.50 207.00
ELIM EXT PAV MRK & MRKS (24")6 26 LF 3.00 78.00
PRICE IS FOR WORK LISTED ABOVE ONLY.
ANY ADDITIONAL WORK WILL BE BY UNIT PRICE.
EXCLUSIONS:
TRAFFIC CONTROL & BARRICADES, WORK ZONE
PAVEMENT MARKINGS, PREFAB TAPE, SIGNS,MMA
TRAFFIC PAINT,WATER BLASTING FOR REMOVAL
OR SURFACE PREP
0.00 0.00
$2,848.50
$2,848.50
$0.00
74
Proposal
Date
5/19/2022
Proposal #
22-527
Name / Address
THE CITY OF COPPELL
ACCOUNTS PAYABLE
P.O. BOX 9478
COPPELL, TEXAS 75019
Location
DENTON TAP FROM 121
TO SOUTHWESTER
COPPELL TX
Road Master Striping, LLC
1301 SE McKinney St
Rice, TX 75155
Bid Date
4/28/2022
Estimator miguel.loeza@roadmasterstriping.com
Total
Subtotal
Sales Tax (0.0%)
DBE#-HMDB02149N0423
DescriptionBid Item #Qty U/M Cost Total
REFL PAV MRK TY I (W) 4" (BRK)1 12,430 LF 0.75 9,322.50
REFL PAV MRK TY I (W) 8" (SLD)2 5,683 LF 1.50 8,524.50
REFL PAV MRK TY I (W) 24"(SLD)3 288 LF 8.00 2,304.00
REFL PAV MRK TY I (W) (ARROW)4 6 EA 180.00 1,080.00
REFL PAV MRK TY I (W) (WORD)5 3 EA 185.00 555.00
REFL PAV MRK TY I(W)(RR XING)6 6 EA 450.00 2,700.00
REFL PAV MRKR TY II-C-R7 2,013 EA 3.50 7,045.50
ELIM EXT PAV MRK & MRKR (RAIS PAV MRKR)8 8,488 EA 1.00 8,488.00
ELIM EXT PAV MRK & MRKS (ARROW)9 6 EA 35.00 210.00
ELIM EXT PAV MRK & MRKS (WORD)10 3 EA 40.00 120.00
ELIM EXT PAV MRK & MRKS (RR XING)11 6 EA 120.00 720.00
PRICE IS FOR WORK LISTED ABOVE ONLY.
ANY ADDITIONAL WORK WILL BE BY UNIT PRICE.
EXCLUSIONS:
TRAFFIC CONTROL & BARRICADES,WORK ZONE
PAVEMENT MARKINGS, PREFAB TAPE, SIGNS,MMA
TRAFFIC PAINT,WATER BLASTING FOR REMOVAL
OR SURFACE PREP
0.00 0.00
$41,069.50
$41,069.50
$0.00
75
Proposal
Date
4/29/2022
Proposal #
22-528
Name / Address
THE CITY OF COPPELL
ACCOUNTS PAYABLE
P.O. BOX 9478
COPPELL, TEXAS 75019
Location
BELT LINE AT MOCKINGBIRD
TO THE CITY LIMITS IN BOTH DIRECTIONS
Road Master Striping, LLC
1301 SE McKinney St
Rice, TX 75155
Bid Date
4/29/2022
Estimator miguel.loeza@roadmasterstriping.com
Total
Subtotal
Sales Tax (0.0%)
DBE#-HMDB02149N0423
DescriptionBid Item #Qty U/M Cost Total
REFL PAV MRK TY I (W) 4" (BRK)1 7,280 LF 0.75 5,460.00
REFL PAV MRK TY I (W) 8" (SLD)2 1,402 LF 1.50 2,103.00
REFL PAV MRKR TY II-C-R3 730 EA 3.50 2,555.00
ELIM EXT PAV MRK & MRKR (RAIS PAV MRKR)4 3,468 LF 1.00 3,468.00
PRICE IS FOR WORK LISTED ABOVE ONLY. ANY
ADDITIONAL WORK WILL BE BY UNIT PRICE.
EXCLUSIONS: TRAFFIC CONTROL & BARRICADES,
WORK ZONE PAVEMENT MARKINGS, PREFAB TAPE,
SIGNS, MMA TRAFFIC PAINT, WATER BLASTING FOR
REMOVAL OR SURFACE PREP
$13,586.00
$13,586.00
$0.00
76
Proposal
Date
5/5/2022
Proposal #
22-538
Name / Address
THE CITY OF COPPELL
ACCOUNTS PAYABLE
P.O. BOX 9478
COPPELL, TEXAS 75019
Location
LANE LINES ON SANDY LAKE FROM 121 TO
TRINITY CT (CITY LIMITS) BOTH DIRECTIONS
COPPELL, TEXAS
Road Master Striping, LLC
1301 SE McKinney St
Rice, TX 75155
Bid Date
5/5/2022
Estimator miguel.loeza@roadmasterstriping.com
Total
Subtotal
Sales Tax (0.0%)
DBE#-HMDB02149N0423
DescriptionBid Item #Qty U/M Cost Total
REFL PAV MRK TY I (W) 4" (BRK)1 13,200 LF 0.75 9,900.00
REFL PAV MRK TY I (W) 8" (SLD)2 7,400 LF 1.50 11,100.00
REFL PAV MRKR TY II-C-R3 1,320 EA 3.50 4,620.00
ELIM EXT PAV MRK & MRKR (RAIS PAV MRKR)4 9,560 LF 1.00 9,560.00
PRICE IS FOR WORK LISTED ABOVE ONLY. ANY
ADDITIONAL WORK WILL BE BY UNIT PRICE.
EXCLUSIONS: TRAFFIC CONTROL & BARRICADES,
WORK ZONE PAVEMENT MARKINGS, PREFAB TAPE,
SIGNS, MMA TRAFFIC PAINT, WATER BLASTING FOR
REMOVAL OR SURFACE PREP
$35,180.00
$35,180.00
$0.00
77
Proposal
Date
5/5/2022
Proposal #
22-539
Name / Address
THE CITY OF COPPELL
ACCOUNTS PAYABLE
P.O. BOX 9478
COPPELL, TEXAS 75019
Location
LANE LINE ON McARTHUR
FROM FOREST HILL DR
TO CITY LIMITS SOUTH OF
BELT LINE BOTH DIRECTIONS
Road Master Striping, LLC
1301 SE McKinney St
Rice, TX 75155
Bid Date
6/4/2022
Estimator miguel.loeza@roadmasterstriping.com
Total
Subtotal
Sales Tax (0.0%)
DBE#-HMDB02149N0423
DescriptionBid Item #Qty U/M Cost Total
REFL PAV MRK TY I (W) 4" (BRK)1 9,440 LF 0.75 7,080.00
REFL PAV MRK TY I (W) 8" (SLD)2 5,566 LF 1.50 8,349.00
REFL PAV MRKR TY II-C-R3 946 EA 3.50 3,311.00
ELIM EXT PAV MRK & MRKR (RAIS PAV MRKR)4 6,941 EA 1.00 6,941.00
PRICE IS FOR WORK LISTED ABOVE ONLY.
ANY ADDITIONAL WORK WILL BE BY UNIT PRICE.
1 LS 0.00 0.00
THIS PROPOSAL IS BASED ON ONE MOVE- IN.
ADDITIONAL MOVE-INS WILL BE CHARGED A
MINIMUM OF $2,000.00
0.00 0.00
EXCLUSIONS:
TRAFFIC CONTROL & BARRICADES, REMOVAL OF
ANY EXISTING PAVEMENT MARKING, WORK ZONE
PAVEMENT MARKINGS, PREFAB TAPE, SIGNS,MMA
TRAFFIC PAINT,WATER BLASTING FOR REMOVAL
OR SURFACE PREP
0.00 0.00
$25,681.00
$25,681.00
$0.00
78
Proposal
Date
5/5/2022
Proposal #
22-537
Name / Address
THE CITY OF COPPELL
ACCOUNTS PAYABLE
P.O. BOX 9478
COPPELL, TEXAS 75019
Location
BIKE LANE MARKINGS ON RIVERCHASE FROM
SANDY LAKE TO MACARTHUR
COPPELL, TEXAS
Road Master Striping, LLC
1301 SE McKinney St
Rice, TX 75155
Bid Date
5/5/2022
Estimator miguel.loeza@roadmasterstriping.com
Total
Subtotal
Sales Tax (0.0%)
DBE#-HMDB02149N0423
DescriptionBid Item #Qty U/M Cost Total
REFL PAV MRK TY I (W) 4" (SLD)1 26,373 LF 0.75 19,779.75
REFL PAV MRK TY I (W) 8" (SLD)2 200 LF 1.50 300.00
REFL PAV MRK TY I (W) 24"(SLD)3 220 LF 8.00 1,760.00
REFL PAV MRK TY I (W) (BIKE & ARROW)4 56 EA 375.00 21,000.00
REFL PAV MRK TY I (Y) 4" (SLD)5 13,800 LF 0.75 10,350.00
REFL PAV MRK TY I (Y) 8" (SLD)6 156 LF 1.50 234.00
REFL PAV MRK TY I (W) (ARROW)7 2 EA 180.00 360.00
REFL PAV MRK TY I (W) (WORD ONLY)8 2 EA 185.00 370.00
REFL PAV MRK TY I (W) (PED)9 2 EA 185.00 370.00
REFL PAV MRK TY I (W) (XING)10 2 EA 185.00 370.00
REFL PAV MRK TY I (W) 18" (YLD TRI)11 27 LF 40.00 1,080.00
REFL PAV MRKR TY I-C12 1,380 EA 3.50 4,830.00
REFL PAV MRKR TY II-A-A13 180 EA 3.50 630.00
ELIM EXT PAV MRK & MRKS ( 4")14 40,173 LF 0.50 20,086.50
ELIM EXT PAV MRK & MRKS (8")15 356 LF 1.00 356.00
ELIM EXT PAV MRK & MRKS (24")16 220 LF 3.00 660.00
ELIM EXT PAV MRK & MRKS (ARROW)17 2 EA 35.00 70.00
ELIM EXT PAV MRK & MRKS (WORD)18 6 EA 40.00 240.00
ELIM EXT PAV MRK & MRKS (BIKE & ARROW)19 56 EA 50.00 2,800.00
ELIM EXT PAV MRK & MRKS (18") (YLD TRI)20 27 EA 10.00 270.00
ELIM EXT PAV MRK & MRKR (RAIS PAV MRKR)21 1,450 LF 1.00 1,450.00
PRICE IS FOR WORK LISTED ABOVE ONLY. ANY
ADDITIONAL WORK WILL BE BY UNIT PRICE.
EXCLUSIONS: TRAFFIC CONTROL & BARRICADES,
WORK ZONE PAVEMENT MARKINGS, PREFAB TAPE,
SIGNS, MMA TRAFFIC PAINT, WATER BLASTING FOR
REMOVAL OR SURFACE PREP
$87,366.25
$87,366.25
$0.00
79
Proposal
Date
5/19/2022
Proposal #
22-525
Name / Address
THE CITY OF COPPELL
ACCOUNTS PAYABLE
P.O. BOX 9478
COPPELL, TEXAS 75019
Location
DENTON TAP @ SANDY
LAKE
COPPELL TX
Road Master Striping, LLC
1301 SE McKinney St
Rice, TX 75155
Bid Date
4/28/2022
Estimator miguel.loeza@roadmasterstriping.com
Total
Subtotal
Sales Tax (0.0%)
DBE#-HMDB02149N0423
DescriptionBid Item #Qty U/M Cost Total
REFL PAV MRK TY I (W) 12"(SLD)1 320 LF 4.00 1,280.00
REFL PAV MRK TY I (W) 24"(SLD)2 90 LF 8.00 720.00
REFL PAV MRK TY I (W) 4" (DOT)3 24 LF 0.75 18.00
ELIM EXT PAV MRK & MRKS ( 4")4 320 LF 0.50 160.00
ELIM EXT PAV MRK & MRKS (12")5 90 LF 1.50 135.00
ELIM EXT PAV MRK & MRKS (24")6 24 LF 3.00 72.00
PRICE IS FOR WORK LISTED ABOVE ONLY.
ANY ADDITIONAL WORK WILL BE BY UNIT PRICE.
EXCLUSIONS:
TRAFFIC CONTROL & BARRICADES, WORK ZONE
PAVEMENT MARKINGS, PREFAB TAPE, SIGNS,MMA
TRAFFIC PAINT,WATER BLASTING FOR REMOVAL
OR SURFACE PREP
0.00 0.00
$2,385.00
$2,385.00
$0.00
80
Proposal
Date
5/19/2022
Proposal #
22-520
Name / Address
THE CITY OF COPPELL
ACCOUNTS PAYABLE
P.O. BOX 9478
COPPELL, TEXAS 75019
Location
N MOORE RD
COPPELL TX
Road Master Striping, LLC
1301 SE McKinney St
Rice, TX 75155
Bid Date
4/28/2022
Estimator miguel.loeza@roadmasterstriping.com
Total
Subtotal
Sales Tax (0.0%)
DBE#-HMDB02149N0423
DescriptionBid Item #Qty U/M Cost Total
REFL PAV MRK TY I (W) 4" (SLD)1 29,954 LF 0.75 22,465.50
REFL PAV MRK TY I (W) (BIKE ARROW)2 70 EA 375.00 26,250.00
ELIM EXT PAV MRK & MRKS ( 4")3 29,953 LF 0.50 14,976.50
ELIM EXT PAV MRK & MRKS (BIKE & ARROW)4 70 EA 50.00 3,500.00
PRICE IS FOR WORK LISTED ABOVE ONLY.
ANY ADDITIONAL WORK WILL BE BY UNIT PRICE.
EXCLUSIONS:
TRAFFIC CONTROL & BARRICADES, WORK ZONE
PAVEMENT MARKINGS, PREFAB TAPE, SIGNS,MMA
TRAFFIC PAINT,WATER BLASTING FOR REMOVAL
OR SURFACE PREP
0.00 0.00
$67,192.00
$67,192.00
$0.00
81
CITY OF COPPELL, TEXAS
STANDARD FORM PURCHASE CONTRACT
82
BID Q-0422-01 Pavement Markers
City of Coppell, Texas
255 Parkway Boulevard
Coppell, Texas 75019
This Agreement is made by and between the City of Coppell, Texas, a home -rule municipality (hereinafter
referred to as the "Buyer") and the hereinafter named Seller, referred to as the "Seller," for the sale of the goods, materials
and items specified hereinafter, and the Buyer and Seller hereby agree as follows:
Seller:
_Road Master Striping________________________________________________
[Name]
__1301 SE McKinney______________________________________________
[Address]
__Rice, TX 75155_______________________________________________
[City, State, Zip]
DESCRIPTION OF GOODS
This Contract is for the purchase by the City of Coppell, Texas, of the goods, materials and items
described hereinafter as the “Goods” or the subject of this Contract, and such parts, attachments, accessories,
devices, and apparatus as may be considered an integral part of the Goods or necessary for the proper use or
application of the Goods, whether or not specified herein. The Goods are more specifically described as follows:
Description
___Award of Bid #Q-0422-01 Pavement Markers
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
83
BID Q-0422-01 Pavement Markers
[CHECK ONE:]
This Contract is a “fixed price - fixed quantity” Contract for the purchase of the specified quantity at the
specified price. The full quantity of the Goods shall be delivered to and received at the designated point
or points of delivery no later than the date specified hereinbelow. This date is a material term and
condition of this Contract and, in connection with the delivery date, time is and shall be of the essence.
_______________________________
[Insert Date of Delivery]
OR
X
This Contract is for a specific duration wherein the Seller will supply, furnish and deliver at the designated
point or points of delivery the specified Goods in the quantities requested by Buyer at the time of Buyer’s
order. The delivery date(s) shall be set forth in Buyer’s order. This Contract is not intended to be and
shall not be construed as an exclusive requirements contract. This Contract is non-exclusive, and Buyer
may acquire any or all of its requirements for the specified Goods from Seller or any other source deemed
appropriate by Buyer. Upon the conclusion of the duration of this Contract, Buyer may renew this
agreement for an additional period or periods equivalent to the primary duration upon sending written
notice of intent thereof within thirty (30) days prior to the expiration of the last day of the term of this
Contract. The failure to send the foregoing notice s hall convert this agreement into a “fixed price - fixed
quantity” contract as described above.
DURATION: From _6/15/2022__________ to __6/14/2023___________.
PAYMENT TERMS
The purchase price of the Goods shall be that contained in the Seller’s bi d and specifically accepted in writing by
Buyer. Seller shall submit separate invoices, in duplicate, on each purchase order after each delivery. Invoices shall indic ate
the purchase order number and shall be itemized. A copy of the bill of lading should be attached to the invoice. Mail to
City of Coppell, Purchasing Department, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019. Payment shall
not be due until the above instruments are submitted, until the Goods have been received by Buyer, an d until Buyer has had
sufficient opportunity to inspect and exercise its right to accept or reject. Seller shall keep the purchasing department
advised of any changes in their remittance addresses. In no event shall Buyer be responsible for interest of a ny kind on any
funds due to Seller, and no term or provision contained in any Seller’s invoice shall in any way modify, vary or alter the
provisions hereof.
Buyer’s obligation is payable solely from funds available for the purpose of the purchase. Lack of funds shall
render this contract null and void and to the extent funds are not available, any delivered but unpaid for goods will be
returned to Seller by Buyer. Do not include federal excise tax, state or city sales tax. The City shall furnish a tax exempt
certificate if required.
84
BID Q-0422-01 Pavement Markers
CONTRACT TERMS AND CONDITIONS
This Contract is made and entered into between the parties hereto in accordance with and subject to the following additional
terms and conditions:
1. SELLER TO PACKAGE GOODS: Seller will package Goods in accordance with good commercial practice.
Each shipping container shall be clearly marked and permanently packed as follows: (a) Seller’s name and
address; (b) Consignee’s name, address, and purchase order or purchase release number and th e supply agreement
number if applicable; (c) Container number and total number of containers, e.g. box 1 of 4 boxes; and (d) the
number of the container bearing the package slip. Seller shall bear cost of packing unless otherwise provided.
Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common
carriers and any applicable specifications. Buyer’s count or weight shall be final and conclusive on shipment not
accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED: Seller is not authorized to ship the Goods under
reservation and no tender of a bill of lading will operate as a tender of goods.
3. TITLE AND RISK OF LOSS: The title and risk of loss of the Goods shall not pass to the Buyer until the Buyer
actually receives and takes possession of the Goods at the point or points of delivery.
4. DELIVERY TERMS AND TRANSPORTATION CHARGES: F.O.B. Destination Freight Prepaid unless
delivery terms are specified otherwise in the bid; Seller sh all pay for the transportation costs.
5. NO PLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of Goods must fully comply with all
provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully
conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender,
provided, where the time for performance has not yet expired, the Seller may seasonable notify Buyer of his
intention to cure and may then make a conforming tender within the contract time but not afterward.
6. PLACE OF DELIVERY: The place of delivery shall be that set forth on the purchase order or in any other
written designation by Buyer. The terms of this agreement are “no arrival, no sale.”
7. RIGHT OF INSPECTION: Buyer shall have the right to inspect the goods at delivery before accepting them.
8. REJECTION OF GOODS: It is agreed that if Buyer rejects any of the goods sold pursuant to this agreement,
Buyer’s only duty shall be to seasonab ly notify Seller of the rejection and hold the goods for the disposition of
Seller, and it is agreed that under no circumstances shall Buyer be required to resell the rejected goods or incur the
cost to deliver same to Seller.
9. GRATUITIES: The Buyer may, by written notice to the Seller, cancel this contract without liability to the Seller
if it be determined by the Buyer that gratuities, in the form of entertainment, gifts, or otherwise were offered or
given by the Seller, or any agent or representative of the Seller, to any officer or employee of City of Coppell with
view toward securing the contract or securing favorable treatment with respect to awarding or amending, or the
making of any determination with respect to the performing of such a Contract. In the event this Contract is
canceled by Buyer pursuant to this provision, Buyer shall be entitled in addition to any other rights and remedies,
to recover and withhold the amount of the cost incurred by the Seller in providing such gratuities.
10. SPECIAL TOOLS AND TEST EQUIPMENT: If the price stated on the face hereof includes the cost of any
special tooling or any special test equipment fabricated or required by Seller for the purpose of filling this order,
such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to
the extent feasible shall be identified by the Seller as such.
85
BID Q-0422-01 Pavement Markers
11. WARRANTY - PRICE:
a. The price to be paid by the Buyer shall be that contained in the Seller’s bid which Seller warrants to be no
higher than Seller’s current prices on orders for products of the kind and specification covered by the
agreement for similar quantities under similar or like conditions and methods of purchase. In the event
Seller breaches this warranty, the prices of the items shall be reduced to the Seller’s current prices on
orders by others, or in the alternative, Buyer may cancel this contract without liability for breach or
Seller’s actual expense.
b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this
contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee
excepting bona fide established commercial or selling agencies maintained by the Seller for the purpose of
securing business. For breach of violation of this warranty, the Buyer shall have the right in addition to
any other right or rights to cancel this contract without liability and to deduct from the contract price, or
otherwise recover the full amount of such commission, percentage, brokerage or contingent fee.
12. WARRANTY - PRODUCTS: Seller shall not limit or exclude any implied warranties and any attempt to do so
shall render this contract voidable at the option of the Buyer. No such a ttempts to limit, disclaim or exclude any
warranties, whether of fitness, merchantability or otherwise, by Seller shall be binding or effective. Seller
warranties that the Goods furnished will conform to the specifications, drawings, and descriptions list ed in the bid
invitation and to the sample(s) furnished by Seller, if any. In the event of a conflict between the specifications,
drawings, and descriptions, the specifications shall govern.
13. SAFETY WARRANTY: Seller warrants the product sold to the Buyer shall conform to the standards
promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event
that the products do not conform to OSHA standards, Buyer may return the product for correction or replaceme nt at
the Seller’s expense. In the event that Seller fails to make the appropriate correction within a reasonable time, any
correction made by Buyer will be at Seller’s expense.
14. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS: As part of this contract for sale, Seller agrees
to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give
rise to the rightful claim of any third person by way of infringement or the like. Buyer makes no warranty that the
production of goods according to the specifications will not give rise such claim, and in no event shall Buyer be
liable to Seller in the event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion
that an infringement or the like will result, he will notify Buyer to this effect in writing or the like, within two
weeks after the signing of this agreement. If Buyer does not receive notice and a claim is asserted or Buyer is
subsequently held liable for the infringement or the like, Seller will indemnify, defend and save Buyer harmless. If
Seller in good faith ascertains that production of the goods in accordance with the specifications will result in
infringement or the like, this contract shall be null and void except t hat Buyer will pay Seller the reasonable cost of
his search as to infringements.
15. YEAR 2000 COMPLIANT: The Goods shall in all respects be compatible with the year 2000 and shall not in
any way require adjustment, revision, reconfiguration or modification upon the year 2000. Seller warrants that the
Goods are fully year-2000 compliant.
16. CANCELLATION: Buyer shall have the right to cancel for default on all or any part of the undelivered portion
of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes
insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any remedies
which Buyer may have at law or equity. The Buyer may for any reason whatsoeve r terminate performance under
this Contract by the Seller for convenience at any time. The Buyer shall give notice of such termination to the
Seller specifying when termination becomes effective. Goods received but unopened or unused shall be made
available to Seller for delivery. Buyer will, in the event of termination, remit such sums to Seller as may be due
only for those Goods retained by Buyer.
17. FORCE MAJEURE: If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part
to carry out its obligation under the Agreement, then such party shall give notice and full particulars of Force
Majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied
86
BID Q-0422-01 Pavement Markers
upon, and the obligation of the party giving such notice, so far as is effected by such Force Majeure, shall be
suspended during the continuance of the inability then claimed, except as hereafter provided, but for no longer
periods and such party shall endeavor to remove or ov ercome such inability with all reasonable dispatch.
The term “Force Majeure” as employed herein, shall mean acts of God, strikes, lockouts, or other industrial
disturbance, act of public enemy, orders of any kind of government of the United States or Sta te of Texas or any
civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes,
storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions,
breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within control of the party
claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely
within the discretion of the party having the difficulty, and that the above requirements that any Force Majeure
shall be remedied with all reasonable dispatch shall not require the settlements of strikes and lockouts by exceeding
to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party
having the difficulty.
18. ASSIGNMENT - DELEGATION: No right or interest in this contract shall be assigned or delegation of any
obligation made by Seller without the written permission of the Bu yer. An attempted assignment or delegation of
Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.
19. MODIFICATIONS: This contract can be modified or rescinded only in writing signed by bot h parties or their
duly authorized agents.
20. WAIVER: No claim or right arising out of a breach in contract can be discharged in whole or in part by a waiver
or renunciation of the claim or right unless the waiver or renunciation is supported by conside ration and is in
writing signed by the aggrieved party.
21. INTERPRETATION - PAROLE EVIDENCE: This writing is intended by the parties as a final expression of
their agreement and is intended also as a complete and exclusive statement of the terms of thei r agreement. No
course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain
any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this
agreement shall not be relevant to determine the meaning of this agreement even though the accepting or
acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by
the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control.
22. APPLICABLE LAW: This agreement shall be governed by the Uniform Commercial Code. Wherever the term
“Uniform Commercial Code” is used, it shall be construed as meaning the Uniform Commercial Code as ado pted
in the State of Texas as effective and in force on the date of this agreement.
23. ADVERTISING: Seller shall not advertise or publish, without Buyer’s prior written consent, the fact that Buyer
has entered into this contract, except to the extent ne cessary to comply with prior requests for information from an
authorized representative of federal, state or local government.
24. RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the other
party’s intent to perform he may demand that the other party give written assurance of his intent to perform. In the
event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this
failure as an anticipatory repudiation of the c ontract.
25. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer or employee shall have a
financial interest, direct or indirect, in any contract with the City, or be financially interested, directly or indirectly,
in the sale to the City of any land, materials, supplies, or services, except on behalf of the City as an officer or
employee. Any knowing and willful violation of this section shall constitute malfeasance in office, and any officer
or employee guilty thereof shall forfeit his offic e or position. Any violation of th is section with the knowledge,
express or implied, of the person or corporation contracting with the governing body of the City shall render the
contract involved voidable by the City Manager or the City Council.
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BID Q-0422-01 Pavement Markers
26. ENTIRE AGREEMENT: This Contract, and all Specifications and Addenda attached thereto, constitute the
entire and exclusive agreement between the Buyer and Seller with reference to the Goods. Specifically, but
without limitation, this Contract supersedes any b id documents and all prior written or oral communications,
representations and negotiations, if any, between the Buyer and Seller not expressly made a part hereof.
27. INDEMNITY AND DISCLAIMER: BUYER SHALL NOT BE LIABLE OR RESPONSIBLE FOR, AND
SHALL BE INDEMNIFIED, HELD HARMLESS AND RELEASED BY SELLER FROM AND AGAINST ANY
AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY CHARACTER,
TYPE, OR DESCRIPTION, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND
ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY OR LOSS TO ANY
PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS, INCLUDING THE SELLER,
OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY, DIRECTLY OR INDIRECTLY, THE
PERFORMANCE OF SELLER UNDER THIS CONTRACT, INCLUDING CLA IMS AND DAMAGES
ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF BUYER, WITHOUT, HOWEVER,
WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE BUYER UNDER TEXAS LAW
AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. 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. IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT THAT
THE INDEMNITY PROVIDED FOR IN THIS CONTRACT IS AN INDEMNITY EXTENDED BY SELLER TO
INDEMNIFY AND PROTECT BUYER FROM THE CONSEQUENCES OF THE SELLER’S AS WELL AS
THE BUYER’S NEGLIGENCE, WHETHER SUCH NEGLIGENCE IS THE SOLE OR PARTIAL CAUSE OF
ANY SUCH INJURY, DEATH, OR DAMAGE. IN ADDITION, CONTRACTOR SHALL OBTAIN AND FILE
WITH OWNER CITY OF COPPELL A STANDARD CERTIFICATE OF INSURANCE AND APPLICABLE
POLICY ENDORSEMENT EVIDENCING THE REQUIRED COVERAGE AND NAMING THE
OWNER CITY OF COPPELL AS AN ADDITIONAL INSURED ON THE REQUIRED COVERAGE.
28. GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas. Venue for any causes of
action arising under the terms or provisions of this Contract or the Goods to be delivered hereunder shall be in the
courts of Dallas County, Texas.
29. SUCCESSORS AND ASSIGNS: The Buyer and Seller bind themselves, their successors, assigns and legal
representatives to the other party hereto and to successors, assigns and legal representatives of such other party in
respect to covenants, agreements and obligations contained in this Contract. The Seller shall not assign this
Contract without written consent of the Buyer.
30. SEVERABILITY: 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.
31. NOTICES: All notices required by this Contract shall be 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 cha nge of address
delivered to all parties.
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EXECUTED this _______ day of _______________________________, _________.
SELLER:
__________________________________________
(Signature)
__________________________________________
(Type/Print Name and Title/Position)
__________________________________________
(Address)
__________________________________________
(City, State, Zip)
_________________________________________
(City Manager)
89
90
91
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Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6311
File ID: Type: Status: 2022-6311 Agenda Item Consent Agenda
1Version: Reference: In Control: City Council
05/16/2022File Created:
Final Action: Civic Center - Homewood SuitesFile Name:
Title: Consider approval of a Civic Center Agreement by and between the City of
Coppell and Dividend Hospitality, Ltd. for a Homewood Suites, and
authorizing the Mayor to sign.
Notes:
Sponsors: Enactment Date:
Homewood Suites - Civic Center Memo.pdf, Civic
Center Agreement - Homewood Suites.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6311
Title
Consider approval of a Civic Center Agreement by and between the City of Coppell and
Dividend Hospitality, Ltd. for a Homewood Suites, and authorizing the Mayor to sign.
Summary
Dividend Hospitality., Ltd. Is constructing a full-service hotel containing approximately 95,000
gross square feet of space. There will be a minimum of 135 guest rooms and 1,300 square
feet of meeting space. The Civic Center Agreement grants an expenditure of the Hotel/Motel
Occupancy Tax for a period of 10 years. This expenditure is payment to Dividend Hospitality, Ltd.
for the use of the meeting space, which will operate as a civic center and is authorized by Chapter
351 of the Tax Code. The percentage expended is as follows: 100% for years 1 and 2, 75% for year
3, 50% for year 4, and 25% for years 5 through 10.
Fiscal Impact:
Page 1City of Coppell, Texas Printed on 5/20/2022
93
Master Continued (2022-6311)
Hotel Occupancy rebate as follows: 100% for years 1 and 2, 75% for year 3, 50% for year 4, and
25% for years 5 through 10.
Staff Recommendation:
Staff recommends approval.
Strategic Pillar Icon:
Create Business and Innovation Nodes
Page 2City of Coppell, Texas Printed on 5/20/2022
94
1
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: May 24, 2022
Reference: Consider approval of a Civic Center Agreement by and between the City of Coppell
and Dividend Hospitality, Ltd. for a Homewood Suites, and authorizing the Mayor to
sign.
2040: Create Business and Innovation Nodes
Executive Summary:
Dividend Hospitality, Ltd. is constructing a Homewood Suites with meeting space at the southeast
corner of Point West Boulevard and Dividend Drive.
Introduction:
Dividend Hospitality, Ltd. is constructing a select-service hotel containing approximately 95,000
gross square feet of space and containing a minimum of 135 guest rooms and not less than 1,300
square feet of meeting space. This hotel is part of a two phase development of hotels on one lot of
land. The development will consist of a Homewood Suites and a Hilton Garden Inn. The
Homewood Suites is the first phase of development. Construction of the Hilton Garden Inn will
begin upon the completion of construction for the Homewood Suites.
After discussion in executive session on September 28, 2021, staff received direction from City
Council to move forward with a Civic Center Agreement. The Civic Center Agreement grants an
expenditure of the Hotel/Motel Occupancy Tax for a period of 10 years. This expenditure is
payment to Dividend Hospitality, Ltd. for the use of the meeting space, which will operate as a civic
center and is authorized by Chapter 351 of the Tax Code.
Analysis:
The Civic Center Agreement grants a rebate of the Hotel/Motel Occupancy Tax as follows: 100%
for years 1 and 2, 75% for year 3, 50% for year 4, and 25% for years 5 through 10.
Legal Review:
The documents were created by Pete Smith.
Fiscal Impact:
Hotel Occupancy rebate as follows: 100% for years 1 and 2, 75% for year 3, 50% for year 4, and
25% for years 5 through 10. 95
2
Recommendation:
Staff recommends approval.
96
PAGE 1 CIVIC CENTER DEVELOPMENT AGREEMENT - HOMEWOOD SUITES (TM 127672)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
STATE OF TEXAS §
§
COUNTY OF DALLAS §
CIVIC CENTER DEVELOPMENT AGREEMENT
This Civic Center Development Agreement (“Agreement”) is made by and between the
City of Coppell, Texas (“City”), and Dividend Hospitality, Ltd., a Texas limited partnership (the
“Company”) (collectively the “Parties,” or singularly as a “Party”), acting by and through their
respective authorized officers.
WITNESSETH:
WHEREAS, Chapter 351, Tax Code authorizes the City to expend hotel/motel occupancy
tax revenue for the acquisition, lease, construction, improvement, enlarging, maintenance,
equipping and operation of a convention center facility which includes civic centers, auditoriums,
parking areas and auditoriums, owned or managed by the City; and
WHEREAS, a Civic Center (hereinafter defined) located in a hotel and conference center
located in the City, will enhance and promote tourism and the hotel and convention industry and
will attract visitors from outside the City into the City or its vicinity; and
WHEREAS, Company is under contract to purchase or owns the land described in Exhibit
“A” (“Land”), and intends to construct or cause to be constructed thereon a Select Service Hotel
(hereinafter defined) containing approximately 95,000 gross square feet of space and containing a
minimum of one hundred thirty-five (135) guest rooms (the “Hotel”), and not less than one
thousand three hundred (1,300) gross square feet of meeting space attached to the Hotel (the
“Conference Center”), and other ancillary facilities such as reasonably required parking and
landscaping more fully described in the submittals filed by Company with the City, from time to
time, in order to obtain a building permit(s) (collectively the Hotel and Conference Center referred
to as the “Improvements” or as the “Hotel and Conference Center”); and
WHEREAS, Company intends to allow the City to use a designated portion of the
Conference Center as Civic Center; and
WHEREAS, City intends, as lessee of the Conference Center, to contract with the
Company to manage and operate the Civic Center for the City; and
WHEREAS, City has found and determined that the expenditure of hotel/motel occupancy
tax revenue for the lease, operation, and management of the designated portion of the Conference
Center, as a Civic Center, is authorized by Chapter 351, Tax Code, and will benefit the City; and
WHEREAS, promoting the location of new business enterprises within City will promote
economic development, stimulate commercial activity, generate additional sales tax and will
enhance the property tax base and economic vitality of City;
NOW THEREFORE, in consideration of the foregoing, and other valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
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PAGE 2 CIVIC CENTER DEVELOPMENT AGREEMENT - HOMEWOOD SUITES (TM 127672)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
Article I
Findings and Determinations
The City Council hereby finds and determines that: (i) City is authorized to enter into this
Agreement; (ii) Chapter 351, Tax Code authorizes the expenditure of City hotel/motel occupancy
tax revenue for the lease, operation and management of the portion of Conference Center; (iii) the
use and management of the portion of the Conference Center as a municipal civic center is
authorized by Chapter 351, Tax Code and will enhance and promote tourism and the hotel and
convention industry and will attract visitors from outside the City into the City or its vicinity; and
(iv) the City is authorized to contract for the management of the Conference Center for use as a
civic center.
Article II
Term
The term of this Agreement (“Term”) shall commence on the Effective Date and shall
continue until the Expiration Date, unless sooner terminated.
Article III
Definitions
Wherever used in this Agreement, the following terms shall have the meaning ascribed to
them unless the context clearly indicates otherwise:
“Approved Franchise” shall mean franchise agreements with Approved Franchisor
whereby the Company is permitted to operate the Hotel and Conference Center using the name
and reservation system of the Approved Franchisor.
“Approved Franchisor” shall mean national or international hotel franchisors, for a specific
hotel product, approved by the City; provided, however, that the City shall not unreasonably
withhold its consent to a franchisor of a Select Service Hotel and Conference Center, and which is
one of the five (5) largest national or ten (10) largest international hotel chains as of such date.
The City has approved Homewood Suites as the initial Approved Franchisor.
“Bankruptcy or Insolvency” shall mean the dissolution or termination of the Party’s
existence, insolvency, employment of a receiver for any part of Company’s property and such
appointment is not terminated within ninety (90) days after such appointment is initially made, any
general assignment for the benefit of creditors or the commencement of any proceedings under
any bankruptcy or insolvency laws by or against the Party and such proceedings are not dismissed
within ninety (90) days after the filing thereof.
“Casualty” shall mean the Improvements are wholly or partially destroyed by fire,
earthquake, flood or similar casualty that renders the Improvements unfit for the intended purpose.
“City” shall mean the City of Coppell, Texas.
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PAGE 3 CIVIC CENTER DEVELOPMENT AGREEMENT - HOMEWOOD SUITES (TM 127672)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
“Civic Center” shall mean the use of designated portions of the Conference Center by the
City for use as a municipal civic center pursuant to Tax Code Chapter 351 as set forth in Section
5.3.
“Commencement Date” shall mean the later of: (i) the date the first final permanent
certificate of occupancy is issued by the City for the Hotel and Conference Center; and (ii) the date
the Hotel and Conference Center are open for business and serving the citizens of the City and its
visitors.
“Commencement of Construction” shall mean that: (i) the plans have been prepared and
all approvals thereof and permits with respect thereto required by applicable governmental
authorities have been obtained for construction of the Improvements; (ii) all necessary permits for
the construction of the Improvements on the Land, pursuant to the respective plans therefore
having been issued by all applicable governmental authorities; and (iii) grading of the Land or the
construction of the vertical elements of the Improvements has commenced.
“Company” shall mean Dividend Hospitality, Ltd., a Texas limited partnership.
“Company Affiliate” shall mean Company’s its parent company, and any affiliated or
related entity controlled or owned by Company, or its parent company.
“Completion of Construction” shall mean: (i) substantial completion of the
Improvements; and (ii) a final certificate of occupancy has been issued for the Company’s
occupancy of the Improvements.
“Conference Center” shall mean that portion of the Improvements dedicated and used as
a full service, upscale, conference center containing not less than one thousand three hundred
(1,300) gross square feet of conference space.
“Effective Date” shall mean the last date of execution of this Agreement.
“Expiration Date” shall mean the tenth (10h) anniversary date of the Commencement Date.
“Force Majeure” shall mean any contingency or cause beyond the reasonable control of a
Party including, without limitation, acts of God or the public enemy, war, riot, terrorism, civil
commotion, insurrection, government or de facto governmental action, restrictions or interferences
(unless caused by the intentional acts or omissions of the Party), fires, explosions, floods or other
inclement weather, strikes, slowdowns or work stoppages, incidence of disease or other illness that
reaches outbreak, epidemic, or pandemic proportions or similar causes that results in a reduction
of labor force or work stoppage in order to comply with local, state, or national disaster orders,
construction delays, shortages or unavailability of supplies, materials or labor, necessary
condemnation proceedings, or any other circumstances which are reasonably beyond the control
of the Party obligated or permitted under the terms of this Agreement to do or perform the same,
regardless of whether any such circumstances are similar to any of those enumerated or not, the
Party so obligated or permitted shall be excused from doing or performing the same during such
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PAGE 4 CIVIC CENTER DEVELOPMENT AGREEMENT - HOMEWOOD SUITES (TM 127672)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
period of delay, so that the time period applicable to such obligation or performance shall be
extended for a period of time equal to the period such Party was delayed, provided the Party whose
performance is delayed provides written notice to the other Party not later than fifteen (15) business
days after the last day of the month of the occurrence of the event(s) or condition (s) causing the
delay or the date the Party whose performance has been delayed becomes aware or should have
reasonably known of the event, describing such event(s) and/or condition(s) and the date on which
such event(s) and/or condition(s) occurred.
“Hotel” shall mean a Select Service Hotel containing approximately 95,000 gross square
feet of space and containing a minimum of one hundred thirty-five (135) guest rooms.
“Hotel Occupancy Tax” or “HOT” shall mean the City’s receipt of tax imposed by the City
pursuant to Chapter 351, Tax Code, as amended, on a person who, under a lease, concession,
permit, right of access, license, contract or agreement pays for the use or possession or possession
of a sleeping room in the Hotel during the calendar quarter immediately preceding each Rent
payment date.
“Hotel Tax Report” shall have the same meaning assigned by Tax Code, Chapter 156.151,
or if such report is not available then a written certificate or statement authenticated by an
appropriate management official of the Company that contains the amount of Hotel Occupancy
Tax collected by the Company and paid to the City and to the State Comptroller, or its successor,
for the preceding calendar quarter. Such report shall include the total amount of the payments made
for sleeping rooms at the Hotel and Conference Center during the preceding reporting period; and
the amount of the HOT collected by the Hotel and Conference Center during the preceding
reporting period.
“Impositions” shall mean all taxes, assessments, use and occupancy taxes, charges, excises,
license and permit fees, and other charges by public or governmental authority, general and special,
ordinary and extraordinary, foreseen and unforeseen, which are or may be assessed, charged,
levied, or imposed by any public or governmental authority on Improvements, the Company, of
Company Affiliate, the then owner or operator of the Improvements or any property or any
business owned by Company and/or Company Affiliates within the City.
“Improvements” or “Hotel and Conference Center” shall mean collectively, the Hotel and
attached Conference Center further described as a Select Service Hotel containing approximately
95,000 gross square feet of space and containing a minimum of one hundred thirty-five (135) guest
rooms, and not less than one thousand three hundred (1,300) gross square feet of meeting space,
and other ancillary facilities such as reasonably required parking and landscaping more fully
described in the submittals filed by Company with the City, from time to time, in order to obtain
a building permit(s).
“Land” means the real property described in Exhibit “A”.
“Lease Term” means ten (10) consecutive periods of twelve (12) months beginning on the
Commencement Date.
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PAGE 5 CIVIC CENTER DEVELOPMENT AGREEMENT - HOMEWOOD SUITES (TM 127672)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
“Premises” shall mean the Land and the Improvements following construction thereof.
“Related Agreement” shall mean any agreement, other than this Agreement, by and
between the City and the Company, its parent company, and any affiliated or related entity
controlled or owned by Company, or its parent company.
“Rent” shall mean: (i) for years 1 and 2 of the Lease Term an amount equal to one hundred
percent (100%) of the maximum amount allowed by law of the Hotel Occupancy Tax; (ii) for year
3 of the Lease an amount equal to seventy-five percent (75%) of the maximum amount allowed by
law of the Hotel Occupancy Tax; (iii) for year 4 of the Lease an amount equal to fifty percent
(50%) of the maximum amount allowed by law of the Hotel Occupancy Tax; and (iv) for years 5-
10 of the Lease an amount equal to o percent (25%) of the maximum amount allowed by law of
the Hotel Occupancy Tax .
“Required Use” shall mean the Company’s ownership and operation of the Hotel and
Conference Center, and related amenities, open to the public and serving the adjacent business
community and the citizens of the City, under and in accordance with the standards of an Approved
Franchise.
“Select Service Hotel” shall have the same meaning assigned by the Cit y Comprehensive
Zoning Ordinance, as amended.
Article IV
Hotel and Conference Center
4.1 Construction of Hotel and Conference Center. Company shall, subject to events of
Force Majeure, cause Commencement of Construction of the Hotel and Conference Cente r to
occur on or before January 1, 2023; and subject to events of Force Majeure, cause Completion of
Construction of Hotel and Conference Center to occur on or before May 26, 2025.
4.2 Inspection/Access. The City, its agents and employees, shall have the right of
reasonable access to the Hotel and Conference Center during construction to inspect the Hotel and
Conference Center, at reasonable times during normal business hours and with reasonable notice
to Company and in accordance with their visitor access and security policies, in order to insure
that the construction is in accordance with this Agreement and all applicable state and local laws
and regulations (or valid waiver thereof).
4.3 Casualty and Condemnation.
(a) If the Hotel and Conference Center are damaged partially or destroyed by Casualty,
regardless of the extent of the damage or destruction, Company shall, subject to events of Force
Majeure and the availability of adequate insurance proceeds, within two hundred seventy (270)
days from the date of such Casualty commence to repair, reconstruct or replace the damaged or
destroyed portion of the Hotel and/or Conference Center, as applicable, and pursue the repair,
reconstruction, or replacement with reasonable diligence so as to restore the Hotel and Conference
Center to substantially the condition it was in before the Casualty. In the event, Company fails to
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PAGE 6 CIVIC CENTER DEVELOPMENT AGREEMENT - HOMEWOOD SUITES (TM 127672)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
timely repair, restore or reconstruct the Hotel and Conference Center and complete the same within
eighteen (18) months from the date Company commences the restoration work, this Agreement
and the City’s obligation to pay any Rent shall terminate. The City shall not be obligated to pay
Rent during any period for the repair, restoration or reconstruction of th e Hotel and Conference
Center.
(b) If the Hotel and Conference Center or any material portion thereof is taken for
public or quasi-public purposes by condemnation as a result of any action or proceeding in eminent
domain, or transferred in lieu of condemnation to any authority entitled to exercise the power of
eminent domain, this Agreement and the City’s obligation to pay any Rent shall terminate.
4.4 Required Use. Beginning on the Commencement Date, and continuing thereafter
until the Expiration Date, or earlier termination, the Hotel and Conference Center shall not be used
for any purpose other than the Required Use and the Company shall not allow the operation of the
Hotel and Conference Center in conformance with the Required Use to cease for more than thirty
(30) days, except: (i) in connection with and to the extent of an event of Casualty or Force Majeure,
and (ii) except in connection with any cessation of not more than ninety (90) days that is due to a
change in the Approved Franchisor.
Article V
Civic Center
5.1 Lease. In consideration of the covenants, agreements and conditions set forth
herein, Company does hereby lease, let, demise and rent, for the Lease Term and City does hereby
rent and lease from Company for the Lease Term, the Civic Center for the Civic Center Use (as
defined in Section 5.3 (b) of this Agreement).
5.2 Rent.
(a) Subject to the continued satisfaction of the terms and conditions of this Agreement
by the Company and provided the Company has timely caused Commencement and Completion
of Construction of the Hotel and Conference Center to occur the City shall, during the Lease Term,
pay to Company or to such person or entity as Company shall designate in writing, Rent, for the
use and occupancy of the Civic Center, and as consideration for Company’s management of the
Civic Center for the City. Rent shall be paid in quarterly installments within sixty (60) days after
the end of each calendar quarter (with the calendar quarters ending March 31, June 30, September
30 and December 31 respectively) of the ten (10) consecutive twelve (12) month periods following
the Commencement Date. Any payment made by the City hereunder is limited to the extent of the
lawfully available funds from the City’s receipts from the collection of the Hotel Occupancy Tax
revenue imposed pursuant to Chapter 351, Tax Code attributable to the occupancy of sleeping
rooms at the Hotel.
(b) The obligation of the City to pay Rent shall be conditioned upon the compliance
and satisfaction of the terms and conditions of this Agreement by Company and each of the
following:
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PAGE 7 CIVIC CENTER DEVELOPMENT AGREEMENT - HOMEWOOD SUITES (TM 127672)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
(i) Good Standing. Company shall not have an uncured breach or default of this
Agreement or a Related Agreement.
(ii) Required Use. During the Term of this Agreement following the Commencement
Date and continuing thereafter until the Expiration Date, or earlier termination, the
Hotel and Conference Center shall not be used for any purpose other than the
Required Use, and that Company shall not allow the use and operation of the Hotel
and Conference Center in conformance with the Required Use to cease for more
than thirty (30) days, except (i) in connection with, and to the extent of an event of
Force Majeure, or (ii) in connection with any cessation of not more than ninety (90)
days that is due to a change in the Approved Franchisor.
(iii) Hotel Tax Reports. Company shall have timely delivered the Hotel Tax Reports to
the City for the applicable calendar quarter as provided by Section 5.5; and
(iv) Receipt of HOT. City shall have received HOT for the applicable calendar quarter.
5.3 Conditions of Use.
(a) Company Exclusive Use. Company shall have exclusive use of the Hotel and
Conference Center, except the City may use the Civic Center portion of the Conference Center for
Civic Center Use as set forth in this Section 5.3.
(b) Civic Center Use. As consideration for the Rent City shall, without charge or
expense, be entitled to the use of the main ballroom and the meeting rooms at least four (4) times
(each such use not to exceed two (2) consecutive days unless otherwise agreed by the Parties) each
calendar year upon ninety (90) days prior written notice, and at additional times as may be agreed
by the Parties when available (“Civic Center Use”). All other uses, if any, of the Conference
Center by the City shall be at times mutually approved by Company and the City. Any food and
beverage, set up, cleaning or other agreed services shall be charged to the City at Company’s direct
cost to provide the same. Civic Center Use must conform to the Approved Franchise uses, except
that the City is not required to use the food and beverage services of the Hotel and Conference
Center during Civic Center Use, and may cater food and beverages during periods of Civic Center
Use.
(c) Civic Center Standards. Company shall equip and furnish the Civic Center portion
of the Conference Center in such manner that it is readily useable by the City as a municipal civic
center for the booking of business conventions, meetings, and similar activities. Company shall
keep and maintain the Conference Center in a good state of appearance and repair (except for
reasonable wear and tear) at Company’s own expense. City shall be responsible for, and pay for
any damages to, the Civic Center and/or the Conference Center, or promptly repair any such
damages that occur during the City’s use of the Conference Center.
5.4 Management Duties. The Company shall maintain, manage and operate the Civic
Center on behalf of the City. The Company will cause the Civic Center to be operated and
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CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
maintained according to this Agreement. The Company agrees to provide management services
at least equal to those provided for comparable facilities in the DFW Metroplex.
5.5 Hotel Tax Report. Company shall provide, or cause the Hotel Operator to provide,
the City with a Hotel Tax Report within thirty (30) days after the end of each calendar quarter
beginning with the thirtieth (30th) day immediately following the last day of the quarter in which
the Commencement Date occurs and continuing thereafter on the thirtieth (30th) day after each
calendar quarter during the Lease Term. The Hotel Tax Report shall be accompanied by a copy of
the Hotel and Conference Center report required to be submitted to the Comptroller of the State of
Texas, or its successor, pursuant to Texas Tax Code Section 156.151. For purposes of payment of
Rent pursuant to this Agreement only and for no other purpose, if the Hotel Tax Report is not
submitted within one hundred eighty (180) days after the date the respective report is due, then
Company is deemed to have forfeited payment of Rent by the City for the period t o which the
undelivered report relates. The City shall not be required to pay any Rent for any calendar quarter
during the Lease Term for so long as the City has not received Hotel Occupancy Tax in full for
such period.
5.6 Hotel Tax Records. The Company shall keep and maintain accurate records of the
Hotel Occupancy Tax collected by the Company and paid to the City, and to the State Comptroller,
or successor agency, during the term of this Agreement that is paid by the occupant of each
sleeping room in the Improvements. Such records shall include, but not be limited to, at a
minimum, guest folios, tax exemption certificates, and any original documents such as posting
ledgers and rate and stay adjustment reports. These records may be retained in any retrievable
format, including but not limited to micro form; shall be maintained for a period of not less than
five (5) years; and shall be available for inspection upon request by any employee, agent, officer
or representative of the City at all reasonable times. Any adjustments or allowances made or
granted shall be reported to the City on a form prescribed by the City.
5.7 Hotel Records Inspection; Annual Audit. The City shall have the right to audit the
books and records of Company pertaining to the operation of the Hotel and Conference Center and
any operator thereof during normal business hours upon prior written notice thereof to determine
the correctness of the Hotel Tax Reports or the amount of taxes due City and/or State of Texas
under Texas Tax Code Chapter 351 and/or 156. Company agrees to pay the cost of an annual audit
of the Hotel Tax Records to be performed by an independent party selected by the City. Company
shall cause the Hotel Operator to cooperate with the City with any such audit.
Article VI
Termination; Repayment
6.1 Termination. This Agreement terminates upon any one or more of the following:
(a) by written agreement of the Parties;
(b) at 11:59 pm Dallas, Texas, time on the Expiration Date;
(c) upon written notice by either Party in the event the other Party breaches any
of the terms or conditions of this Agreement or a Related Agreement and
104
PAGE 9 CIVIC CENTER DEVELOPMENT AGREEMENT - HOMEWOOD SUITES (TM 127672)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
such breach is not cured within sixty (60) days after written notice thereof
in accordance with this Agreement;
(d) upon written notice by the City, if Company suffers an event of Bankruptcy
or Insolvency;
(e) upon written notice by the City, if any Impositions owed to the City or the
State of Texas by Company shall become delinquent after thirty (30) days
written notice is delivered pursuant to this Agreement (provided, however,
Company retains the right to timely and properly protest and contest any
such Impositions);
(f) upon written notice by either Party, if any subsequent Federal or State
legislation or any decision of a court of competent jurisdiction declares or
renders this Agreement in whole, but not in part, invalid, illegal or
unenforceable; or
(g) upon written notice by either Party, if any decision of a court of competent
jurisdiction declares or renders this Agreement invalid, illegal or
unenforceable.
6.2 In the event this Agreement is terminated by the City pursuant to Section 6.1 (c),
(d), (e), (f) or (g), the City shall be relieved of any further obligation to pay any Rent to the
Company and Company shall immediately pay to City an amount equal to the Rent previously
paid by City to Company, as of the date of termination, plus interest at the rate periodically
announced by the Wall Street Journal as the prime or base commercial lending rate, or if the Wall
Street Journal shall ever cease to exist or cease to announce a prime or base lending rate, then at
the annual rate of interest from time to time announced by Citibank, N.A. (or by any other New
York money center bank reasonably selected by City) as its prime or base commercial lending
rate, which shall accrue from the dates of the payment of Rent until paid.
6.3 Right of Offset. City may, at its option, offset any amounts due and payable under
this Agreement against any debt (including taxes) due to City from Company and/or any Company
Affiliate, regardless of whether the amount due arises pursuant to the terms of this Agreement, a
Related Agreement, or otherwise, and regardless of whether the debt due City has been reduced to
judgment by a court.
Article VII
Miscellaneous
7.1 Binding Agreement. The terms and conditions of this Agreement are binding upon
the successors and permitted assigns of the Parties hereto.
7.2 Limitation on Liability. It is understood and agreed between the Parties that the
Company and City, in satisfying the conditions of this Agreement, have acted independently, and
the City assumes no responsibilities or liabilities to third parties in connection with these actions.
7.3 No Joint Venture. It is acknowledged and agreed by the Parties that the terms
hereof are not intended to and shall not be deemed to create a partnership or joint venture between
the Parties.
105
PAGE 10 CIVIC CENTER DEVELOPMENT AGREEMENT - HOMEWOOD SUITES (TM 127672)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
7.4 Notice. Any notice required or permitted to be delivered hereunder shall be deemed
received: (i) three (3) days after deposit in United States Mail, postage prepaid, addressed to the
Party at the address set forth below (or such other address as such Party may subsequently
designate in writing); (ii) or on the day received if sent by courier or otherwise hand delivered.
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
With a copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Ross Tower
500 N. Akard
Dallas, Texas 75201
If intended for Company:
Attn: Vimal Patel, Director
Dividend Hospitality, Ltd.
3051 N. Stemmons Freeway
Dallas, Texas 75247
With a copy to:
____________________
7.5 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations that are granted and assumed under this Agreement.
7.6 Severability. In the event any section, subsection, paragraph, sentence, phrase or
word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand,
shall be enforceable and shall be read as if the Parties intended at all times to delete said invalid
section, subsection, paragraph, sentence, phrase or word.
7.7 Governing Law. This Agreement shall be governed by the laws of the State of
Texas without regard to any conflict of law rules. Exclusive venue for any action under this
Agreement shall be the State District Court of Dallas County, Texas. The Parties agree to submit
to the personal and subject matter jurisdiction of said court.
7.8 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
7.9 Entire Agreement. This Agreement embodies the complete agreement of the
Parties hereto, superseding all oral or written previous and contemporary agreements between the
Parties and relating to the matters in this Agreement, and except as otherwise provided herein
cannot be modified without written agreement of the Parties to be attached to and made a part of
this Agreement.
7.10 Recitals. The determinations recited and declared in the preambles to this
Agreement are hereby incorporated herein as part of this Agreement.
106
PAGE 11 CIVIC CENTER DEVELOPMENT AGREEMENT - HOMEWOOD SUITES (TM 127672)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
7.11 Exhibits. All exhibits to this Agreement are incorporated herein by reference for
all purposes wherever reference is made to the same.
7.12 Amendment. This Agreement may only be amended by the mutual written
agreement of the Parties.
7.13 Legal Construction. In the event any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the
intention of the Parties to this Agreement that in lieu of each provision that is found to be illegal,
invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and
enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or
unenforceable.
7.14 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 permitted assigns. This Agreement may not be assigned by the Company without the prior
written consent of the City Manager. Notwithstanding the foregoing, the Company, may upon
thirty (30) days prior written notice to City, assign this Agreement to a Company Affiliate in
connection with the sale and transfer of the Premises to a Company Affiliate provided: (i) the
Improvements remain subject to an Approved Franchise; and (ii) such assignee executes and
delivers to City a written assumption, in a form and substance reasonably approved by City, of all
of the obligations of Company under this Agreement.
7.15 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period
of time following the termination of this Agreement shall survive termination.
7.16 Employment of Undocumented Workers. During the term of this Agreement, the
Company agrees not to knowingly employ any undocumented workers and, if convicted of a
violation under 8 U.S.C. Section 1324a (f), the Company shall repay the Rent and any other funds
received by the Company from the City as of the date of such violation within 120 days after the
date the Company is notified by the City of such violation, plus interest at the rate of 4%
compounded annually from the date of violation until paid. Company is not liable for a violation
of this section by a subsidiary, affiliate, or franchisee of Company or by a person with whom
Company contracts.
(Signature page to follow)
107
PAGE 12 CIVIC CENTER DEVELOPMENT AGREEMENT - HOMEWOOD SUITES (TM 127672)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
EXECUTED on this _______ day of _____________________, 2022.
CITY OF COPPELL, TEXAS
By:
Wes Mays, Mayor
ATTEST:
By:
Ashley Owens, City Secretary
APPROVED AS TO FORM:
By:
City Attorney
EXECUTED on this _______ day of _____________________, 2022.
DIVIDEND HOSPITALITY, LTD.,
a Texas limited partnership
By: Pegasus Hospitality Group, LLC,
a Texas limited liability company,
its general partner
By:
Vimal Patel, Director
108
PAGE 1 EXHIBIT “A” TO CIVIC CENTER DEVELOPMENT AGREEMENT - HOMEWOOD SUITES (TM 127672)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
EXHIBIT “A”
(Legal Description of the Land)
Being a 5.496 acre tract of land situated in the Cordelia Bowen Survey, Abstract No. 56, in the
City of Coppell, Dallas County, Texas; being part of a tract of land described in a Special
Warranty Deed as to Trophy Lodging LTS recorded in Instrument No. 201500272307 of the
Deed Records of Dallas County, Texas; said 5.496 acre tract being more particularly described as
follows:
BEGINNING at a at a 1/2-inch iron rod with "Pacheco Koch" cap set at the northeast end of a
corner-clip at the intersection of the east right-of-way line of Point West Boulevard (a 50-foot
wide right-of-way) according to the plat of Lot 1, Block C, Duke Lesley Addition Dividend
Drive and Point West Boulevard, an addition to the City of Coppell, Dallas County, Texas,
according to the plat recorded in Instrument No. 20070240528 of said Deed Records with the
south right of-way line of Dividend Drive (a 90-foot right-of- way); said point being the
beginning of a curve to the left;
THENCE, along the said south line of Dividend Drive, the following three (3) calls:
In a easterly direction, along said curve, having a central angle of 31 degrees, 37 minutes, 32
seconds, a radius of 495.00 feet, a chord bearing and distance of North 73 degrees, 49 minutes,
52 seconds East, 269.77 feet, an arc distance of 273.22 feet to a 1/2-inch iron rod with "Pacheco
Koch" cap set at the beginning of a reverse curve to the right;
In a easterly direction, along said curve, having a central angle of 32 degrees, 01 minutes, 21
seconds, a radius of 405.00 feet, a chord bearing and distance of North 74 degrees, 01 minutes,
46 seconds East, 223.42 feet, an arc distance of 226.35 feet to a 1 /2-inch Iron rod with "Pacheco
Koch" cap set at the end of said curve;
South 89 degrees, 57 minutes, 33 seconds East, a distance of 94.88 feet to a 1/2-inch iron rod
with "Pacheco Koch" cap set for corner; said point being the northwest corner of Lot 3R, Block
C, Duke Lesley Addition, an addition to the City of Coppell, according to the Re plat recorded in
Instrument No. 200900210489 of said Deed Records;
THENCE, South 00 degrees, 02 minutes, 27 seconds West, departing the said south line of
Dividend Drive and along the west line of said Lot 3R, a distance of 480.17 feet to a point for
corner; said point being a point along said Lot 3R; said point also, being in the north line of Lot 4
Block C of Duke Lesley Addition, an addition to the City of Coppell, Dallas County, Texas,
according to the plat recorded in Instrument No. xxxxxxxx of said Deed Records;
THENCE, North 89 degrees, 57 minutes, 33 seconds West, along the said north line of Lot 4, a
distance of 513.14 feet to a point, said point being along the east right of way line of Point West
Boulevard; said point also being the northwest corner of said Lot 4, Block C of the Duke Lesley
Addition;
THENCE, along the said east line of Point West Boulevard, the following two (2) calls:
In a northerly direction, along said curve, having a central angle of 33 degrees, 29 minutes, 11
seconds, a radius of 425.00 feet, a chord bearing and distance of North 16 degrees, 42 minutes,
08 seconds West, 244,87 feet, an arc distance of 248.39 feet to a 1/2-inch iron rod with "Pacheco
Koch" cap set at the end of said curve;
North 00 degrees, 02 minutes, 27 seconds East, a distance of 93.74 feet to a 1/2-inch iron rod
with "Pacheco Koch" cap set for corner at the southwest end of said corner-clip at the
109
PAGE 2 EXHIBIT “A” TO CIVIC CENTER DEVELOPMENT AGREEMENT - HOMEWOOD SUITES (TM 127672)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
Intersection of the said east line of Point West Boulevard with the said south line of Dividend
Drive;
THENCE, North 45 degrees, 01 minutes, 05 seconds East, along said corner-clip, a distance of
21.22 feet to the POINT of BEGINNING and containing 239,416 square feet or 5.496 acres of
computed land.
110
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6310
File ID: Type: Status: 2022-6310 Agenda Item Consent Agenda
1Version: Reference: In Control: City Council
05/16/2022File Created:
Final Action: Civic Center - Hilton Garden InnFile Name:
Title: Consider approval of a Civic Center Agreement by and between the City of
Coppell and Dividend Hospitality, Ltd. for a Hilton Garden Inn, and authorizing
the Mayor to sign.
Notes:
Sponsors: Enactment Date:
Hilton Garden Inn - Civic Center Memo.pdf, Civic
Center Agreement - Hilton Garden Inn.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6310
Title
Consider approval of a Civic Center Agreement by and between the City of Coppell and
Dividend Hospitality, Ltd. for a Hilton Garden Inn, and authorizing the Mayor to sign.
Summary
Dividend Hospitality., Ltd. Is constructing a full-service hotel containing approximately 75,000
gross square feet of space. There will be a minimum of 125 lodging rooms and 1,200 square
feet of meeting space. The Civic Center Agreement grants an expenditure of the Hotel/Motel
Occupancy Tax for a period of 10 years. This expenditure is payment to Dividend Hospitality, Ltd.
for the use of the meeting space, which will operate as a civic center and is authorized by Chapter
351 of the Tax Code. The percentage expended is as follows: 100% for years 1 and 2, 75% for year
3, 50% for year 4, and 25% for years 5 through 10.
Fiscal Impact:
Page 1City of Coppell, Texas Printed on 5/20/2022
111
Master Continued (2022-6310)
Hotel Occupancy rebate as follows: 100% for years 1 and 2, 75% for year 3, 50% for year 4, and
25% for years 5 through 10.
Staff Recommendation:
Staff recommends approval.
Strategic Pillar Icon:
Create Business and Innovation Nodes
Page 2City of Coppell, Texas Printed on 5/20/2022
112
1
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: May 24, 2022
Reference: Consider approval of a Civic Center Agreement by and between the City of Coppell
and Dividend Hospitality, Ltd. for a Hilton Garden Inn, and authorizing the Mayor to
sign.
2040: Create Business and Innovation Nodes
Executive Summary:
Dividend Hospitality, Ltd. is constructing a Hilton Garden Inn with meeting space at the southeast
corner of Point West Boulevard and Dividend Drive.
Introduction:
Dividend Hospitality, Ltd. is constructing a full-service hotel containing approximately 75,000
gross square feet of space and containing a minimum of 125 guest rooms and not less than 1,200
square feet of meeting space. This hotel is part of a two-phase development of hotels on one lot of
land. The development will consist of a Homewood Suites and a Hilton Garden Inn. The Hilton
Garden Inn is the second phase of development and will begin construction upon the completion of
the Homewood Suites.
After discussion in executive session on September 28, 2021, staff received direction from City
Council to move forward with a Civic Center Agreement. The Civic Center Agreement grants an
expenditure of the Hotel/Motel Occupancy Tax for a period of 10 years. This expenditure is
payment to Dividend Hospitality, Ltd. for the use of the meeting space, which will operate as a civic
center and is authorized by Chapter 351 of the Tax Code.
Analysis:
The Civic Center Agreement grants a rebate of the Hotel/Motel Occupancy Tax as follows: 100%
for years 1 and 2, 75% for year 3, 50% for year 4, and 25% for years 5 through 10.
Legal Review:
The documents were created by Pete Smith.
Fiscal Impact: Hotel Occupancy rebate as follows: 100% for years 1 and 2, 75% for year 3, 50% for year 4, and
25% for years 5 through 10. 113
2
Recommendation:
Staff recommends approval.
114
PAGE 1 CIVIC CENTER DEVELOPMENT AGREEMENT – HILTON GARDEN INN (TM 127673)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
STATE OF TEXAS §
§
COUNTY OF DALLAS §
CIVIC CENTER DEVELOPMENT AGREEMENT
This Civic Center Development Agreement (“Agreement”) is made by and between the
City of Coppell, Texas (“City”), and Dividend Hospitality, Ltd., a Texas limited partnership (the
“Company”) (collectively the “Parties,” or singularly as a “Party”), acting by and through their
respective authorized officers.
WITNESSETH:
WHEREAS, Chapter 351, Tax Code authorizes the City to expend hotel/motel occupancy
tax revenue for the acquisition, lease, construction, improvement, enlarging, maintenance,
equipping and operation of a convention center facility which includes civic centers, auditoriums,
parking areas and auditoriums, owned or managed by the City; and
WHEREAS, a Civic Center (hereinafter defined) located in a hotel and conference center
located in the City, will enhance and promote tourism and the hotel and convention industry and
will attract visitors from outside the City into the City or its vicinity; and
WHEREAS, Company is under contract to purchase or owns the land described in Exhibit
“A” (“Land”), and intends to construct or cause to be constructed thereon a Full Service Hotel
(hereinafter defined) containing approximately 75,000 gross square feet of space and containing a
minimum of one hundred twenty-five (125) guest rooms (the “Hotel”), and not less than twelve
hundred (1,200) gross square feet of meeting space attached to the Hotel (the “Conference
Center”), and other ancillary facilities such as reasonably required parking and landscaping more
fully described in the submittals filed by Company with the City, from time to time, in order to
obtain a building permit(s) (collectively the Hotel and Conference Center referred to as the
“Improvements” or as the “Hotel and Conference Center”); and
WHEREAS, Company intends to allow the City to use a designated portion of the
Conference Center as Civic Center; and
WHEREAS, City intends, as lessee of the Conference Center, to contract with the
Company to manage and operate the Civic Center for the City; and
WHEREAS, City has found and determined that the expenditure of hotel/motel occupancy
tax revenue for the lease, operation, and management of the designated portion of the Conference
Center, as a Civic Center, is authorized by Chapter 351, Tax Code, and will benefit the City; and
WHEREAS, promoting the location of new business enterprises within City will promote
economic development, stimulate commercial activity, generate additional sales tax and will
enhance the property tax base and economic vitality of City; and
115
PAGE 2 CIVIC CENTER DEVELOPMENT AGREEMENT – HILTON GARDEN INN (TM 127673)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
NOW THEREFORE, in consideration of the foregoing, and other valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
Article I
Findings and Determinations
The City Council hereby finds and determines that: (i) City is authorized to enter into this
Agreement; (ii) Chapter 351, Tax Code authorizes the expenditure of City hotel/motel occupancy
tax revenue for the lease, operation and management of the Civic Center; (iii) the use and
management of the portion of Conference Center as a municipal civic center is authorized by
Chapter 351, Tax Code and will enhance and promote tourism and the hotel and convention
industry and will attract visitors from outside the City into the City or its vicinity; and (iv) the City
is authorized to contract for the management of the portion of the Conference Center for use as a
civic center.
Article II
Term
The term of this Agreement (“Term”) shall commence on the Effective Date and shall
continue until the Expiration Date, unless sooner terminated.
Article III
Definitions
Wherever used in this Agreement, the following terms shall have the meaning ascribed to
them unless the context clearly indicates otherwise:
“Affiliate” shall mean any entity under the common control or ownership of Company or
its parent company.
“Approved Franchise” shall mean franchise agreements with Approved Franchisor
whereby the Company is permitted to operate the Hotel and Conference Center using the name
and reservation system of the Approved Franchisor.
“Approved Franchisor” shall mean national or international hotel franchisors, for a specific
hotel product, approved by the City; provided, however, that the City shall not unreasonably
withhold its consent to a franchisor of a Full Service Hotel and Conference Center, and which is
one of the five (5) largest national or ten (10) largest international hotel chains as of such date.
The City has approved Hilton Garden Inn as the initial Approved Franchisor.
“Bankruptcy or Insolvency” shall mean the dissolution or termination of the Party’s
existence, insolvency, employment of a receiver for any part of Company’s property and such
appointment is not terminated within ninety (90) days after such appointment is initially made, any
general assignment for the benefit of creditors or the commencement of any proceedings under
any bankruptcy or insolvency laws by or against the Party and such proceedings are not dismissed
within ninety (90) days after the filing thereof.
116
PAGE 3 CIVIC CENTER DEVELOPMENT AGREEMENT – HILTON GARDEN INN (TM 127673)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
“Casualty” shall mean the Improvements are wholly or partially destroyed by fire,
earthquake, flood or similar casualty that renders the Improvements unfit for the intended purpose.
“City” shall mean the City of Coppell, Texas.
“Civic Center” shall mean the use of designated portions of the Conference Center by the
City for use as a municipal civic center pursuant to Tax Code Chapter 351 as set forth in Section
5.3.
“Commencement Date” shall mean the later of: (i) the date the first final permanent
certificate of occupancy is issued by the City for the Hotel and Conference Center; and (ii) the date
the Hotel and Conference Center are open for business and serving the citizens of the City and its
visitors.
“Commencement of Construction” shall mean that: (i) the plans have been prepared and
all approvals thereof and permits with respect thereto required by applicable governmental
authorities have been obtained for construction of the Improvements; (ii) all necessary permits for
the construction of the Improvements on the Land, pursuant to the respective plans therefore
having been issued by all applicable governmental authorities; and (iii) grading of the Land or the
construction of the vertical elements of the Improvements has commenced.
“Company” shall mean Dividend Hospitality, Ltd., a Texas limited partnership.
“Company Affiliate” shall mean Company’s parent company, and any affiliated or related
entity controlled or owned by Company, or its parent company.
“Completion of Construction” shall mean: (i) substantial completion of the
Improvements; and (ii) a final certificate of occupancy has been issued for the Company’s
occupancy of the Improvements.
“Conference Center” shall mean that portion of the Improvements dedicated and used as
a full service, upscale, conference center containing not less than two thousand (2,000) gross
square feet of conference space.
“Effective Date” shall mean the last date of execution of this Agreement.
“Expiration Date” shall mean the tenth (10th) anniversary date of the Commencement
Date.
“Force Majeure” shall mean any contingency or cause beyond the reasonable control of a
Party including, without limitation, acts of God or the public enemy, war, riot, terrorism, civil
commotion, insurrection, government or de facto governmental action, restrictions or interferences
(unless caused by the intentional acts or omissions of the Party), fires, explosions, floods or other
inclement weather, strikes, slowdowns or work stoppages, incidence of disease or other illness that
reaches outbreak, epidemic, or pandemic proportions or similar causes that results in a reduction
117
PAGE 4 CIVIC CENTER DEVELOPMENT AGREEMENT – HILTON GARDEN INN (TM 127673)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
of labor force or work stoppage in order to comply with local, state, or national disaster orders,
construction delays, shortages or unavailability of supplies, materials or labor, necessary
condemnation proceedings, or any other circumstances which are reasonably beyond the control
of the Party obligated or permitted under the terms of this Agreement to do or perform the same,
regardless of whether any such circumstances are similar to any of those enumerated or not, the
Party so obligated or permitted shall be excused from doing or performing the same during such
period of delay, so that the time period applicable to such obligation or performance shall be
extended for a period of time equal to the period such Party was delayed, provided the Party whose
performance is delayed provides written notice to the other Party not later than fifteen (15) business
days after the last day of the month of the occurrence of the event(s) or condition(s) causing the
delay or the date the Party whose performance has been delayed becomes aware or should have
reasonably known of the event, describing such event(s) and/or condition(s) and the date on which
such event(s) and/or condition(s) occurred.
“Full Service Hotel” shall have the same meaning assigned by the City Comprehensive
Zoning Ordinance, as amended.
“Hotel” shall mean a Full Service Hotel containing approximately 75,000 gross square
feet of space and containing a minimum of one hundred twenty-five (125) guest rooms.
“Hotel Occupancy Tax” or “HOT” shall mean the City’s receipt of tax imposed by the City
pursuant to Chapter 351, Tax Code, as amended, on a person who, under a lease, concession,
permit, right of access, license, contract or agreement pays for the use or possession or possession
of a sleeping room in the Hotel during the calendar quarter immediately preceding each Rent
payment date.
“Hotel Tax Report” shall have the same meaning assigned by Tax Code, Chapter 156.151,
or if such report is not available then a written certificate or statement authenticated by an
appropriate management official of the Company that contains the amount of Hotel Occupancy
Tax collected by the Company and paid to the City and to the State Comptroller, or its successor,
for the preceding calendar quarter. Such report shall include the total amount of the payments made
for sleeping rooms at the Hotel during the preceding reporting period; and the amount of the HOT
collected by the Hotel and Conference Center during the preceding reporting period.
“Impositions” shall mean all taxes, assessments, use and occupancy taxes, charges, excises,
license and permit fees, and other charges by public or governmental authority, general and special,
ordinary and extraordinary, foreseen and unforeseen, which are or may be assessed, charged,
levied, or imposed by any public or governmental authority on Improvements, the Company, of
Company Affiliate, the then owner or operator of the Improvements or any property or any
business owned by Company and/or Company Affiliates within the City.
“Improvements” or “Hotel and Conference Center” shall mean collectively, the Hotel and
attached Conference Center further described as a Full Service Hotel containing approximately
75,000 gross square feet of space and containing a minimum of one hundred twenty-five (125)
guest rooms, and not less than twelve hundred (1,200) gross square feet of meeting space, and
other ancillary facilities such as reasonably required parking and landscaping more fully described
118
PAGE 5 CIVIC CENTER DEVELOPMENT AGREEMENT – HILTON GARDEN INN (TM 127673)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
in the submittals filed by Company with the City, from time to time, in order to obtain a building
permit(s).
“Land” means the real property described in Exhibit “A”.
“Lease Term” means ten (10) consecutive periods of twelve (12) months beginning on the
Commencement Date.
“Premises” shall mean the Land and the Improvements following construction thereof.
“Related Agreement” shall mean any agreement, other than this Agreement, by and
between the City and the Company, its parent company, and any affiliated or related entity
controlled or owned by Company, or its parent company.
“Rent” shall mean: (i) for years 1 and 2 of the Lease Term an amount equal to one hundred
percent (100%) of the maximum amount allowed by law of the Hotel Occupancy Tax; (ii) for year
3 of the Lease an amount equal to seventy-five percent (75%) of the maximum amount allowed by
law of the Hotel Occupancy Tax; (iii) for year 4 of the Lease an amount equal to fifty percent
(50%) of the maximum amount allowed by law of the Hotel Occupancy Tax; and (iv) for years 5-
10 of the Lease an amount equal to o percent (25%) of the maximum amount allowed by law of
the Hotel Occupancy Tax .
“Required Use” shall mean the Company ownership and operation of the Hotel and
Conference Center, and related amenities, open to the public and serving the adjacent business
community and the citizens of the City, under and in accordance with the standards of an Approved
Franchise.
Article IV
Hotel and Conference Center
4.1 Construction of Hotel and Conference Center. Company shall, subject to events of
Force Majeure, cause Commencement of Construction of the Hotel and Conference Center to
occur on or before May 26, 2025; and subject to events of Force Majeure, cause Completion of
Construction of Hotel and Conference Center to occur on or before May 26, 2027.
4.2 Inspection/Access. The City, its agents and employees, shall have the right of
reasonable access to the Hotel and Conference Center during construction to inspect the Hotel and
Conference Center, at reasonable times during normal business hours and with reasonable notice
to Company and in accordance with their visitor access and security policies, in order to ensure
that the construction is in accordance with this Agreement and all applicable state and local laws
and regulations (or valid waiver thereof).
4.3 Casualty and Condemnation.
(a) If the Hotel and Conference Center are damaged partially or destroyed by Casualty,
regardless of the extent of the damage or destruction, Company shall, subject to events of Force
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PAGE 6 CIVIC CENTER DEVELOPMENT AGREEMENT – HILTON GARDEN INN (TM 127673)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
Majeure and the availability of adequate insurance proceeds, within two hundred seventy (270)
days from the date of such Casualty commence to repair, reconstruct or replace the damaged or
destroyed portion of the Hotel and/or Conference Center, as applicable, and pursue the repair,
reconstruction, or replacement with reasonable diligence so as to restore the Hotel and Conference
Center to substantially the condition it was in before the Casualty. In the event, Company fails to
timely repair, restore or reconstruct the Hotel and Conference Center and complete the same within
eighteen (18) months from the date Company commences the restoration work, this Agreement
and the City’s obligation to pay any Rent shall terminate. The City shall not be obligated to pay
Rent during any period for the repair, restoration or reconstruction of th e Hotel and Conference
Center.
(b) If the Hotel and Conference Center or any material portion thereof is taken for
public or quasi-public purposes by condemnation as a result of any action or proceeding in eminent
domain, or transferred in lieu of condemnation to any authority entitled to exercise the power of
eminent domain, this Agreement and the City’s obligation to pay any Rent shall terminate.
4.4 Required Use. Beginning on the Commencement Date, and continuing thereafter
until the Expiration Date, or earlier termination, the Hotel and Conference Center shall not be used
for any purpose other than the Required Use and the Company shall not allow the operation of the
Hotel and Conference Center in conformance with the Required Use to cease for more than thirty
(30) days, except: (i) in connection with and to the extent of an event of Casualty or Force Majeure,
and (ii) except in connection with any cessation of not more than ninety (90) days that is due to a
change in the Approved Franchisor.
Article V
Civic Center
5.1 Lease. In consideration of the covenants, agreements and conditions set forth
herein, Company does hereby lease, let, demise and rent, for the Lease Term and City does hereby
rent and lease from Company for the Lease Term, the Civic Center for the Civic Center Use (as
defined in Section 5.3 (b) of this Agreement).
5.2 Rent.
(a) Subject to the continued satisfaction of the terms and conditions of this Agreement
by the Company and provided the Company has timely caused Commencement and Completion
of Construction of the Hotel and Conference Center to occur the City shall, during the Lease Term,
pay to Company or to such person or entity as Company shall designate in writing, Rent, for the
use and occupancy of the Civic Center, and as consideration for Company’s management of the
Civic Center for the City. Rent shall be paid in quarterly installments within sixty (60) days after
the end of each calendar quarter (with the calendar quarters ending March 31, June 30, September
30 and December 31 respectively) of the ten (10) consecutive twelve (12) month periods following
the Commencement Date. Any payment made by the City hereunder is limited to the extent of the
lawfully available funds from the City’s receipts from the collection of the Hotel Occupancy Tax
revenue imposed pursuant to Chapter 351, Tax Code attributable to the occupancy of sleeping
rooms at the Hotel.
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PAGE 7 CIVIC CENTER DEVELOPMENT AGREEMENT – HILTON GARDEN INN (TM 127673)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
(b) The obligation of the City to pay Rent shall be conditioned upon the compliance
and satisfaction of the terms and conditions of this Agreement by Company and each of the
following:
(i) Good Standing. Company shall not have an uncured breach or default of this
Agreement or a Related Agreement.
(ii) Required Use. During the Term of this Agreement following the Commencement
Date and continuing thereafter until the Expiration Date, or earlier termination, the
Hotel and Conference Center shall not be used for any purpose other than the
Required Use, and that Company shall not allow the use and operation of the Hotel
and Conference Center in conformance with the Required Use to cease for more
than thirty (30) days, except (i) in connection with, and to the extent of an event of
Force Majeure, or (ii) in connection with any cessation of not more than ninety (90)
days that is due to a change in the Approved Franchisor.
(iii) Hotel Tax Reports. Company shall have timely delivered the Hotel Tax Reports to
the City for the applicable calendar quarter as provided by Section 5.5; and
(iv) Receipt of HOT. City shall have received HOT for the applicable calendar quarter.
5.3 Conditions of Use.
(a) Company Exclusive Use. Company shall have exclusive use of the Hotel and
Conference Center, except the City may use the Civic Center portion of the Conference Center for
Civic Center Use as set forth in this Section 5.3.
(b) Civic Center Use. As consideration for the Rent City shall, without charge or
expense, be entitled to the use of the main ballroom and the meeting rooms at least four (4) times
(each such use not to exceed two (2) consecutive days unless otherwise agreed by the Parties) each
calendar year upon ninety (90) days prior written notice, and at additional times as may be agreed
by the Parties when available (“Civic Center Use”). All other uses, if any, of the Conference
Center by the City shall be at times mutually approved by Company and the City. Any foo d and
beverage, set up, cleaning or other agreed services shall be charged to the City at Company’s direct
cost to provide the same. Civic Center Use must conform to the Approved Franchise uses, except
that the City is not required to use the food and beverage services of the Hotel and Conference
Center during Civic Center Use, and may cater food and beverages during periods of Civic Center
Use.
(c) Civic Center Standards. Company shall equip and furnish the Civic Center portion
of the Conference Center in such manner that it is readily useable by the City as a municipal civic
center for the booking of business conventions, meetings, and similar activities. Company shall
keep and maintain the Conference Center in a good state of appearance and repair (except for
reasonable wear and tear) at Company’s own expense. City shall be responsible for, and pay for
121
PAGE 8 CIVIC CENTER DEVELOPMENT AGREEMENT – HILTON GARDEN INN (TM 127673)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
any damages to, the Civic Center and/or the Conference Center, or promptly repair any such
damages that occur during the City’s use of the Conference Center.
5.4 Management Duties. The Company shall maintain, manage and operate the Civic
Center on behalf of the City. The Company will cause the Civic Center to be operated and
maintained according to this Agreement. The Company agrees to provide management services
at least equal to those provided for comparable facilities in the DFW Metroplex.
5.5 Hotel Tax Report. Company shall provide, or cause the Hotel Operator to provide,
the City with a Hotel Tax Report within thirty (30) days after the end of each calendar quarter
beginning with the thirtieth (30th) day immediately following the last day of the quarter in which
the Commencement Date occurs and continuing thereafter on the thirtieth (30th) day after each
calendar quarter during the Lease Term. The Hotel Tax Report shall be accompanied by a copy of
the Hotel and Conference Center report required to be submitted to the Comptroller of the State of
Texas, or its successor, pursuant to Texas Tax Code Section 156.151. For purposes of payment of
Rent pursuant to this Agreement only and for no other purpose, if the Hotel Tax Report is not
submitted within one hundred eighty (180) days after the date the respective report is due, then
Company is deemed to have forfeited payment of Rent by the City for the period to which the
undelivered report relates. The City shall not be required to pay any Rent for any calendar quarter
during the Lease Term for so long as the City has not received Hotel Occupancy Tax in full for
such period.
5.6 Hotel Tax Records. The Company shall keep and maintain accurate records of the
Hotel Occupancy Tax collected by the Company and paid to the City, and to the State Comptroller,
or successor agency, during the term of this Agreement that is paid by the occupant of each
sleeping room in the Improvements. Such records shall include, but not be limited to, at a
minimum, guest folios, tax exemption certificates, and any original documents such as posting
ledgers and rate and stay adjustment reports. These records may be retained in any retrievable
format, including but not limited to micro form; shall be maintained for a period of not less than
five (5) years; and shall be available for inspection upon request by any employee, agent, officer
or representative of the City at all reasonable times. Any adjustments or allowances made or
granted shall be reported to the City on a form prescribed by the City.
5.7 Hotel Records Inspection; Annual Audit. The City shall have the right to audit the
books and records of Company pertaining to the operation of the Hotel and Conference Center and
any operator thereof during normal business hours upon prior written notice thereof to determine
the correctness of the Hotel Tax Reports or the amount of taxes due City and/or State of Texas
under Texas Tax Code Chapter 351 and/or 156. Company agrees to pay the cost of an annual audit
of the Hotel Tax Records to be performed by an independent party selected by the City. Company
shall cause the Hotel Operator to cooperate with the City with any such audit.
Article VI
Termination; Repayment
6.1 Termination. This Agreement terminates upon any one or more of the following:
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PAGE 9 CIVIC CENTER DEVELOPMENT AGREEMENT – HILTON GARDEN INN (TM 127673)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
(a) by written agreement of the Parties;
(b) at 11:59 pm Dallas, Texas, time on the Expiration Date;
(c) upon written notice by either Party in the event the other Party breaches any
of the terms or conditions of this Agreement or a Related Agreement and
such breach is not cured within sixty (60) days after written notice thereof
in accordance with this Agreement;
(d) upon written notice by the City, if Company suffers an event of Bankruptcy
or Insolvency;
(e) upon written notice by the City, if any Impositions owed to the City or the
State of Texas by Company shall become delinquent after thirty (30) days
written notice is delivered pursuant to this Agreement (provided, however,
Company retains the right to timely and properly protest and contest any
such Impositions);
(f) upon written notice by either Party, if any subsequent Federal or State
legislation or any decision of a court of competen t jurisdiction declares or
renders this Agreement in whole, but not in part, invalid, illegal or
unenforceable; or
(g) upon written notice by either Party, if any decision of a court of competent
jurisdiction declares or renders this Agreement invalid, illegal or
unenforceable.
6.2 In the event this Agreement is terminated by the City pursuant to Section 6.1 (c),
(d), (e), (f) or (g), the City shall be relieved of any further obligation to pay any Rent to the
Company and Company shall immediately pay to City an amount equal to the Rent previously
paid by City to Company, as of the date of termination, plus interest at the rate periodically
announced by the Wall Street Journal as the prime or base commercial lending rate, or if the Wall
Street Journal shall ever cease to exist or cease to announce a prime or base lending rate, then at
the annual rate of interest from time to time announced by Citibank, N.A. (or by any other New
York money center bank reasonably selected by City) as its prime or base commercial lending
rate, which shall accrue from the dates of the payment of Rent until paid.
6.3 Right of Offset. City may, at its option, offset any amounts due and payable under
this Agreement against any debt (including taxes) due to City from Company and/or any Company
Affiliate, regardless of whether the amount due arises pursuant to the terms of this Agreement, a
Related Agreement, or otherwise, and regardless of whether the debt due City has been reduced to
judgment by a court.
Article VII
Miscellaneous
123
PAGE 10 CIVIC CENTER DEVELOPMENT AGREEMENT – HILTON GARDEN INN (TM 127673)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
7.1 Binding Agreement. The terms and conditions of this Agreement are binding upon
the successors and permitted assigns of the Parties hereto.
7.2 Limitation on Liability. It is understood and agreed between the Parties that the
Company and City, in satisfying the conditions of this Agreement, have acted independently, and
the City assumes no responsibilities or liabilities to third parties in connection with these actions.
7.3 No Joint Venture. It is acknowledged and agreed by the Parties that the terms
hereof are not intended to and shall not be deemed to create a partnership or joint venture between
the Parties.
7.4 Notice. Any notice required or permitted to be delivered hereunder shall be deemed
received: (i) three (3) days after deposit in United States Mail, postage prepaid, addressed to the
Party at the address set forth below (or such other address as such Party may subsequently
designate in writing); (ii) or on the day received if sent by courier or otherwise hand delivered.
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
With a copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Ross Tower
500 N. Akard
Dallas, Texas 75201
If intended for Company:
Attn: Vimal Patel, Director
Dividend Hospitality, Ltd.
3051 N. Stemmons Freeway
Dallas, Texas 75247
With a copy to:
____________________
7.5 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations that are granted and assumed under this Agreement.
7.6 Severability. In the event any section, subsection, paragraph, sentence, phrase or
word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand,
shall be enforceable and shall be read as if the Parties intended at all times to delete said invalid
section, subsection, paragraph, sentence, phrase or word.
7.7 Governing Law. This Agreement shall be governed by the laws of the State of
Texas without regard to any conflict of law rules. Exclusive venue for any action under this
Agreement shall be the State District Court of Dallas County, Texas. The Parties agree to submit
to the personal and subject matter jurisdiction of said court.
7.8 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
124
PAGE 11 CIVIC CENTER DEVELOPMENT AGREEMENT – HILTON GARDEN INN (TM 127673)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
7.9 Entire Agreement. This Agreement embodies the complete agreement of the
Parties hereto, superseding all oral or written previous and contemporary agreements between the
Parties and relating to the matters in this Agreement, and except as otherwise provided herein
cannot be modified without written agreement of the Parties to be attached to and made a part of
this Agreement.
7.10 Recitals. The determinations recited and declared in the preambles to this
Agreement are hereby incorporated herein as part of this Agreement.
7.11 Exhibits. All exhibits to this Agreement are incorporated herein by reference for
all purposes wherever reference is made to the same.
7.12 Amendment. This Agreement may only be amended by the mutual written
agreement of the Parties.
7.13 Legal Construction. In the event any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the
intention of the Parties to this Agreement that in lieu of each provision that is found to be illegal,
invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and
enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or
unenforceable.
7.14 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 permitted assigns. This Agreement may not be assigned by the Company without the prior
written consent of the City Manager. Notwithstanding the foregoing, the Company, may upon
thirty (30) days prior written notice to City, assign this Agreement to a Company Affiliate in
connection with the sale and transfer of the Premises to a Company Affiliate provided: (i) the
Improvements remain subject to an Approved Franchise; and (ii) such assignee executes and
delivers to City a written assumption, in a form and substance reasonably approved by City, of all
of the obligations of Company under this Agreement.
7.15 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period
of time following the termination of this Agreement shall survive termination.
7.16 Employment of Undocumented Workers. During the term of this Agreement, the
Company agrees not to knowingly employ any undocumented workers and, if convicted of a
violation under 8 U.S.C. Section 1324a (f), the Company shall repay the Rent and any other funds
received by the Company from the City as of the date of such violation within 120 days after the
date the Company is notified by the City of such violation, plus interest at the rate of 4%
compounded annually from the date of violation until paid. Company is not liable for a violation
of this section by a subsidiary, affiliate, or franchisee of Company or by a person with whom
Company contracts.
125
PAGE 12 CIVIC CENTER DEVELOPMENT AGREEMENT – HILTON GARDEN INN (TM 127673)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
(Signature page to follow)
126
PAGE 13 CIVIC CENTER DEVELOPMENT AGREEMENT – HILTON GARDEN INN (TM 127673)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
EXECUTED on this _______ day of _____________________, 2022.
CITY OF COPPELL, TEXAS
By:
Wes Mays, Mayor
ATTEST:
By:
Ashley Owens, City Secretary
APPROVED AS TO FORM:
By:
City Attorney
EXECUTED on this _______ day of _____________________, 2022.
DIVIDEND HOSPITALITY, LTD.,
a Texas limited partnership
By: Pegasus Hospitality Group, LLC,
a Texas limited liability company,
its general partner
By:
Vimal Patel, Director
127
PAGE 1 EXHIBIT “A” TO CIVIC CENTER DEVELOPMENT AGREEMENT – HILTON GARDEN INN (TM 127673)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
EXHIBIT “A”
(Legal Description of the Land)
Being a 5.496 acre tract of land situated in the Cordelia Bowen Survey, Abstract No. 56, in
the City of Coppell, Dallas County, Texas; being part of a tract of land described in a
Special Warranty Deed as to Trophy Lodging LTS recorded in Instrument No.
201500272307 of the Deed Records of Dallas County, Texas; said 5.496 acre tract being
more particularly described as follows:
BEGINNING at a at a 1/2-inch iron rod with "Pacheco Koch" cap set at the northeast end
of a corner-clip at the intersection of the east right-of-way line of Point West Boulevard (a
50-foot wide right-of-way) according to the plat of Lot 1, Block C, Duke Lesley Addition
Dividend Drive and Point West Boulevard, an addition to the City of Coppell, Dallas
County, Texas, according to the plat recorded in Instrument No. 20070240528 of said Deed
Records with the south right of-way line of Dividend Drive (a 90-foot right-of- way); said
point being the beginning of a curve to the left;
THENCE, along the said south line of Dividend Drive, the following three (3) calls:
In a easterly direction, along said curve, having a central angle of 31 degrees, 37 minutes,
32 seconds, a radius of 495.00 feet, a chord bearing and distance of North 73 degrees, 49
minutes, 52 seconds East, 269.77 feet, an arc distance of 273.22 feet to a 1/2-inch iron rod
with "Pacheco Koch" cap set at the beginning of a reverse curve to the right;
In a easterly direction, along said curve, having a central angle of 32 degrees, 01 minutes,
21 seconds, a radius of 405.00 feet, a chord bearing and distance of North 74 degrees, 01
minutes, 46 seconds East, 223.42 feet, an arc distance of 226.35 feet to a 1 /2-inch Iron rod
with "Pacheco Koch" cap set at the end of said curve;
South 89 degrees, 57 minutes, 33 seconds East, a distance of 94.88 feet to a 1/2-inch iron rod
with "Pacheco Koch" cap set for corner; said point being the northwest corner of Lot 3R,
Block C, Duke Lesley Addition, an addition to the City of Coppell, according to the Re plat
recorded in Instrument No. 200900210489 of said Deed Records;
THENCE, South 00 degrees, 02 minutes, 27 seconds West, departing the said south line of
Dividend Drive and along the west line of said Lot 3R, a distance of 480.17 feet to a point
for corner; said point being a point along said Lot 3R; said point also, being in the north
line of Lot 4 Block C of Duke Lesley Addition, an addition to the City of Coppell, Dallas
County, Texas, according to the plat recorded in Instrument No. xxxxxxxx of said Deed
Records;
THENCE, North 89 degrees, 57 minutes, 33 seconds West, along the said north line of Lot
4, a distance of 513.14 feet to a point, said point being along the east right of way line of
Point West Boulevard; said point also being the northwest corner of said Lot 4, Block C of
the Duke Lesley Addition;
THENCE, along the said east line of Point West Boulevard, the following two (2) calls:
In a northerly direction, along said curve, having a central angle of 33 degrees, 29 minutes,
11 seconds, a radius of 425.00 feet, a chord bearing and distance of North 16 degrees, 42
minutes, 08 seconds West, 244,87 feet, an arc distance of 248.39 feet to a 1/2-inch iron rod
with "Pacheco Koch" cap set at the end of said curve;
North 00 degrees, 02 minutes, 27 seconds East, a distance of 93.74 feet to a 1/2-inch iron
rod with "Pacheco Koch" cap set for corner at the southwest end of said corner-clip at the
128
PAGE 2 EXHIBIT “A” TO CIVIC CENTER DEVELOPMENT AGREEMENT – HILTON GARDEN INN (TM 127673)
CITY OF COPPELL AND DIVIDEND HOSPITALITY, LTD.
Intersection of the said east line of Point West Boulevard with the said south line of
Dividend Drive;
THENCE, North 45 degrees, 01 minutes, 05 seconds East, along said corner-clip, a distance
of 21.22 feet to the POINT of BEGINNING and containing 239,416 square feet or 5.496
acres of computed land.
129
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6308
File ID: Type: Status: 2022-6308 Agenda Item Agenda Ready
1Version: Reference: In Control: City Council
05/16/2022File Created:
Final Action: MPT apptFile Name:
Title: Consider appointment of Mayor Pro Tem as required by Section 3.05 of the
Home Rule Charter.
Notes:
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6308
Title
Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule
Charter.
Summary
Page 1City of Coppell, Texas Printed on 5/20/2022
130
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6304
File ID: Type: Status: 2022-6304 Agenda Item Mayor and Council
Reports
1Version: Reference: In Control: City Council
05/13/2022File Created:
Final Action: CC ReportsFile Name:
Title: Report by the City Council regarding recent and upcoming events.
Notes:
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6304
Title
Report by the City Council regarding recent and upcoming events.
Summary
Page 1City of Coppell, Texas Printed on 5/20/2022
131
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6305
File ID: Type: Status: 2022-6305 Agenda Item Council Committee
Reports
1Version: Reference: In Control: City Council
05/13/2022File Created:
Final Action: CC CMTE ReportsFile Name:
Title: A. Report on Dallas Regional Mobility Coalition - Councilmember Don
Carroll
B. Report on Woven Health Clinic - Councilmember Mark Hill
C. Report on Metrocrest Services - Councilmember Biju Mathew
D. Report on Historical Society - Councilmember Cliff Long
Notes:
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6305
Title
A. Report on Dallas Regional Mobility Coalition - Councilmember Don Carroll
B. Report on Woven Health Clinic - Councilmember Mark Hill
C. Report on Metrocrest Services - Councilmember Biju Mathew
D. Report on Historical Society - Councilmember Cliff Long
Summary
Page 1City of Coppell, Texas Printed on 5/20/2022
132