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MEMORANDUM
To: Mayor and City Council
From: Brad Reid, Director of Parks and Recreation
Date: February 25, 2020
Reference: Discussion related to a potential ordinance change regarding restricting dogs at Kid
Country Playground
2030: Sustainable City Government Strategy: Excellent and Well-Maintained City
Infrastructure and Facilities.
Introduction:
The purpose of this agenda item is to determine whether or not the City Council would like for staff
to bring forward a proposal to change the current ordinances, creating restrictions on animal access
to Kid Country Playground, or any playground.
Due to some recent complaints about dog behaviors at Kid Country Playground, the Park Board
discussed this very topic at their February 3, 2020 meeting. They expressed sympathy toward those
who may not like that dogs are present in the playground area, as well as regret that some people are
not more responsible in how they control their pets. There was also discussion about the idea that
dogs can carry and pass on diseases, although they did not at the time of the discussion have Dr. Anna
ation statement (see attached).
The Park Board recognizes the need for educating the public regarding the potential risks associated
with pets interacting with people, especially when in close quarters and pet owners are taking liberties
onal space and not controlling their animals in a responsible manner. At the end of
the discussion it was suggested that the city take extra steps in educating the public about the current
ordinances and the responsibilities that go along with pet ownership, the placement of extra signage
at the entry of Kid Country Playground and a focus on the enforcement of the existing ordinances
related to the leash laws and cleaning up after pets. The Board did not feel the need to create an
ordinance restricting dogs from the playground at this time.
1
Analysis:
Kid Country Playground has been in existence since 1992 and has long been a favorite place of play
for local children and those traveling to Coppell for the singular purpose of playing there. Pets have
always been welcomed at all the city playgrounds and few complaints have been received about this
practice until very recently. With the increased number of pets in the community and the
demonstrated unwillingness of certain pet owners to maintain control of their pets, conflict has arisen
in the past few months over undesirable interactions between pets and children visiting Kid Country.
However, these seem to be isolated and rare occurring incidents.
New signage has now been installed at the entry to the playground which emphasizes the existing
ordinance to be a good neighbor when bringing your dog to the park, reminding about the leash law
and the requirement to pick up after your pet. This ordinance, of course, does not address the idea
that diseases can be transmitted from pet droppings (even after it has been properly removed) to
humans
Legal Review:
Agenda item does not require legal review.
Fiscal Impact:
This agenda item has no fiscal impact.
Recommendation:
The Parks and Recreation Department agrees with the Park Board recommendation at this time
2
Risk/Benefit Consideration for
Dear City Council,
I am am Doctor of
Veterinary Medicine with years of experience working with both dogs and cats. I currently have three dogs, a cat, and
two daughters, and I truly love my pets as family. I personally LOVE the idea of having my pets
around when playing with my kids at the park, but I have seen and know too much to think that this is a safe practice.
Unfortunately, the general population is not aware of the risks associated with this practice. Thus, I am writing you to
I understand
that no known issues have been reported thus far (though please keep in mind that the source of many illnesses/disease
in our children will never be traceable back to the canine source); however, even just one incident is one too many. I
implore you to educate yourselves and the public in order to protect both the children and their pets.
Benefits:
Stronger family-pet relationships:
o Pet owners often consider their pets to be a part of the family, just as I do. Allowing the pet to spend time
with the family/children creates a sense of bonding and builds their relationship.
Increased pet and child socialization:
o Bringing a pet to any public area is an opportunity to contribute to a well socialized family pet.
However, caution must be used when allowing a pet to socialize around children, as outlined below.
o Also, it hopefully provides an opportunity for children to interact positively with a dog, helping to build their
love and empathy of animals.
Happy people!
o Permitting pets within the park will make a large population of the city happy, as we all love our pets and
want them to be included in family activities.
Risks:
Trauma to pets and children due to poor socialization
o Although we hope that dogs and children will have positive experiences, this may not always be the case.
-y show severe unease, reactivity, or even aggression around
an owner may think that their dog is great with children, but a negative experience could lead to subsequent
aggression and behavioral problems. I have seen MANY dogs who are very nice, but they react aggressively
by a child (or by me at the animal hospital).
o Children also may not know how to properly interact with a dog. A dog owner may assume that their pet will
not be approached without consent or approached gently, but this cannot be guaranteed. Despite our
efforts, a child may run up to a dog, pull its hair or tail, or otherwise startle/hurt the animal. IF the animal
reacts aggressively and a child has a negative experience, this could cause severe emotional trauma and
even lead to a fear of dogs. These types of fears take a long time to overcome, if ever. Obviously, this could
also lead to severe physical trauma to the child. A mild dog bite is bad enough in a child- it can lead to
broken bones and severe infection. However, a true dog attack can be fatal to an adult, let alone a small
child.
o Ultimately, we are trusting that BOTH the dog AND the child are already well socialized and know exactly
how to act around one another. There are simply too many factors that can affect the response of both, and
there are too many consequences if things go awry, such as:
Emotional trauma to the child
Physical trauma to the child
Emotional trauma to and subsequent behavioral issues with the dog
Legal implications to the dog owner, such as criminal charges, civil liability, etc.
Euthanasia of the dog if the injuries were severe or if he/she is a repeat offender. *Although this is
avoided by responsible laws and pet owners.
Disease control challenges
o There are many zoonotic diseases that can be spread from dogs to humans. Most are spread through feces,
but urine, vectors, and direct contact are also responsible for disease spread. Although we can hope that pet
parasites or remove urine from the ground. Consider the below listed common zoonotic diseases and their
effects on people. Keep in mind that children are at particular risk due to decrease immunity, oral fixations,
and general increased exposure when playing in the park as opposed to adults.
Leptospirosis
Lepto is a bacterium that is spread through urine. If a child were to put contaminated
material in his/her mouth (food that dropped or perhaps a young child that likes to taste
test the dirt) OR get contaminated urine in a cut (say on bare feet), he/she could become
infected. Infections with lepto can lead to kidney damage, meningitis (inflammation of the
membrane around the brain and spinal cord), liver failure, respiratory distress, and even
death.
Roundworms
In pets, roundworms are intestinal parasites that can lead to malnutrition. Children and
adults can also obtain the worms through infected soil, feces ingestion, or potentially via a
dog licking near their face/mouth after self-grooming. In people, the worm may not just go
to the gastrointestinal tract and cause issues; instead, if often goes awry to the eyes, lungs,
heart, or brain. Thus, infection can lead to vision loss, lung disease, heart issues, and
neurologic signs.
Hookworms
Hookworms are also a gastrointestinal parasite, but they can lead to severe anemia as they
ingestion of
feces or contaminated soil OR via skin contact with feces, such as a child simply touching
contaminated debris. Hookworms in people can cause a skin rash, gastrointestinal
problems, and anemia.
Giardia/Salmonella
Giardia is a protozoal infection that causes diarrhea in dogs and humans. Salmonella is a
bacterial infection that also causes diarrhea. Both can be transferred to humans via the
fecal-oral route (this includes a dog contagious dog licking on or near the face after self-
grooming). In young children, these diseases can lead to severe dehydration from diarrhea
and are difficult to treat.
Rabies
Rabies is no longer a common disease, but it is the most deadly. Rabies is transferred
through saliva via bites or scratches. In up to 99% of human cases, domestic dogs are
responsible for transmission of the disease. A dog can be infected for 2-8 weeks (the
incubation period) without showing any clinical signs. Fortunately, a dog is not contagious to
humans/other animals until he/she is showing clinical signs.
Although most pet owners are diligent about rabies vaccinating their pets, there are
situations in which an owner may not know that their dog is infected. For example, a newly
rescued dog may seem perfectly healthy, have a clear exam from the vet, and be
he early
onset of clinical signs, an owner may not yet take the animal to the vet. This is the period
when the animal could inadvertently infect others prior to diagnosis.
o These are just a few of the more common zoonotic diseases; unfortunately, many more exist. It is unsafe to
assume that all dogs who come into the park are healthy, vaccinated against leptospirosis and rabies, and
dewormed with no intestinal parasites. Even a pet owner may not know if their dog has contracted a
parasite or disease. A dog could have just been infected at a dog park with an intestinal parasite or lepto and
not yet be showing any obvious/concerning clinical signs. Dogs vaccinated against lepto can still get some
forms of the disease and be a source of disease for others.
Emotional stress to adults/children
o Some adults or children may have an already existing fear of dogs. This is often severe and out of their
control. These people cannot enjoy the parks due to emotional distress. Sadly, this hinders their ability to
enjoy whacan have fun.
thoughts at AnnaSimmonsDVM@yahoo.com.
Kind regards,
Dr. Anna Simmons
MEMORANDUM
To: Mayor and City Council
Through: Mike Land, City Manager
From: Traci E. Leach, Deputy City Manager
Date: February 25, 2020
Reference: Discussion on Fee Structure
2030: Goal 5 under Sustainable Government states “Financial Resources to Support City
Services”
Introduction:
The purpose of this agenda item is to provide an opportunity for staff to update the Council on changes
to existing fees and discuss proposed new fees. The new revenue environment created by the passage
of SB 2 during the most recent legislative session and publishing of Rule 3.334 by the Comptroller’s
Office on January 3, 2020, has prompted many changes in the development and approach to the
current and future budgets. The City is taking a three-pronged approach to evaluating ways to bridge
the revenue gap created by these two new changes-exploring revenue opportunities (either new or
updated fees), evaluation of all capital expenditures, and evaluating service levels.
At the Retreat, staff received direction regarding the Council’s philosophy on fees-establishing fees
within the median of the market.Tonight, staff will be presenting information regarding the proposed
new fees. The attached memos outline the details of both the amendments to existing fees and
information regarding proposed new fees.
Background:
With the introduction of the proposed Rule from the Comptroller’s Office, the City is estimating that
the revenue loss could be up to $24 million across all sales tax supported funds. In the General Fund,
the impact could be approximately $12 million beginning in fiscal year 2021 and extending beyond.
In anticipation of the impact of Rule 3.334, the City instituted a hiring freeze on vacant positions and
has evaluated re-hiring of new vacancies that have occurred since we were informed in December
2019 that the rule would be published in January 2020. Additionally, staff is working to identify the
true impact of the rule on Coppell businesses in terms of whether the sales tax generated would stay
in Coppell (origination) or be re-directed to other communities (destination).
1
Legal:None.
Fiscal Impact: There are many caveats to place on the estimated additional revenues for both the
amendments to existing fees and the proposals for new fees. For example, estimates are based on
current utilization, which may or may not represent what utilization would be post-implementation.
There may be proposals where the Council provides direction to not move forward with further
investigation and potential implementation. The estimate identified here is a conservative estimate
for the aggregate changes to all fees (amendment to existing plus new fees) included in this packet-
approximately $1,000,000. Staff will be providing more detailed information regarding revenue
projections during the work session presentation.
Recommendation: Staff is seeking direction regarding the proposed new fees.
2
MEMORANDUM
To: Mayor and City Council
From: Kent Collins, P.E., Director of Public Works
Date: February 25, 2020
Reference: Discussion regarding engineering plan review and inspection fees
General Information:
The City charges a fee of 2% of the cost to construct improvements that will not be
dedicated to the city, and 4% of the cost to construct improvements that will be
dedicated to the city.
The inspection fees were originally adopted to cover the cost of plan review and
inspection.
Based on benchmark information, it is not common to charge a separate fee for
engineering plan review.
Based on benchmark information, the 4% engineering inspection fee for public
improvements is appropriate, but the 2% fee for private improvements is low.
Staff recommends adjusting the 2% fee for private improvements to 3%.
1
MEMORANDUM
To:Mayor and City Council
From:Brad Reid, Director of Parks and Recreation
Date:February 25, 2020
Reference:Discussion on Fee Structure
2030:Goal 5under Sustainable Government states “Financial Resources to Support City
Services”
Executive Summary:
The Parks and Recreation Department applies numerous fees in the provision of recreation services
to the community. In most cases, the City Council has authorized the department director to
establish fees for facility access and programs dependent upon market influences and cost recovery
goals. To continue to serve in the most responsible manner possible, staff has examined our current
fees with respect to the market and cost recovery philosophy, identifying multiple fees that need
to be revised at the current time. These have been identified below. Also under consideration are
possible fees that do not exist today, which should be considered.
Existing fees to be increased:
o Expand the charges for hourly support of events in the parks created by outside
entities (expand the type of activities where charges are added): for instance 5k
runs, pavilion rentals, tournament support, etc. These charges will be assessed only
for activities which are above and beyond thenormal duties of the park staff. The
more individualized service provided by our team members will result in the
additional charge, for instance, cleaning of restrooms and pulling of trash related to
the event. These charges are expected to partially offset planned reductions in
overtime funding based on pending changes to revenues from sales tax sourcing.
o Fees for rentals of spaces at all facilities are being reviewed and increases as
needed. The Parks and Recreation Department offers rental of spaces at the CORE,
the Senior and Community Center and pavilions in the parks. Reviews of the
existing fees associated with these rentals show that some are in need of adjustment.
In particular, the Community Center rentals are below the market in price and
becoming increasingly popular as a result. Added revenue can be realized as a result
of bringing these fees to within market ranges.
o Classes/program fees are being reviewed and adjusted to align with cost recovery
goals.
Proposed additional fee:
o Fee to Foodtruck/vendor operators/per event. To date the food trucks serving at
city events have not paid a fee to be there. A small fee of between $50-$300 is
proposed to be assessed based on the size of the event and anticipated food
truck/vendor revenue at the event.
o Charges for individualized services at events -Bounce House access, face-painting,
food (popcorn, cotton candy, etc.). Many people expect to pay a small fee when
getting services such as these as they are usual and customary at events and
festivals. The actual revenue potential cannot be adequately estimated because the
utilization has never been counted and is likely to reduce when a fee is instilled.
o Reviewing how fields are scheduled and utilized for possible additional city use
and revenue potential. This potential revenue stream has far reaching implications
and the department is not yet prepared to bring forth a recommended course of
action. The city has invested millions in the youth sports facilities in town and gets
very little financial return on that investment. Currently, the city has verbal
agreements with the various youth sports associations to utilize the fields during
their licensed usage times, with the caveat that this usage should be before or after
their scheduled usage times during the day. The city currently schedules these
times for a few adult athletic programs but does not go beyond that scope of use.
There are many other entities that will gladly pay a fee to schedule use of the city
facilities but use has been restrictedfor these organizations for the most part.
o Added fee for group exercise classes at the CORE –based on level of usage/Pass
type. Group exercise classes are extremely popular at the CORE and have
historically been included in the cost of the pass or membership. A new fee is being
recommended that will help to offset the direct cost of providing this service to a
select group of pass holders. If one chooses to participate in group exercise classes,
they would be able to add a rider to their pass, allowingunlimited access to this
activity. The cost is proposed to be between $15 a month to $50 annually for an
individual.
o Implement a Season Pass to the outdoor pool. A Pass type that has not yet been
offered,but has been suggested by patrons from time to time, is a seasonal Pass
allowing unlimited access to the outdoor pool during specific times of the day. It is
proposed that the fee for this Pass-type would be $35 per person, per season.
o Additional fee for weddings at the Community Center. The Senior and Community
Center has become a very popular destination for weddings. The cost of renting the
space is a big draw for future brides, who can utilize the multi-purpose room for
less than $1000 for an eight-hour rental, which is below most wedding venues in
the area. The proposal is to add a flat fee of $500 to the regular rental rate for
weddings. In addition, many weddings spill out onto the outdoor patio, causing the
Park Operations team to get involved in supporting the activity, increasing the cost
of holding the event. These additional expenses to the city have historically not
been recaptured. An added fee of another $500 is proposed when the party wishes
to utilize the outdoor space.
Other Considerations:
o The Arts Center will have a number of new fees that will be based on cost to provide
service, market influences and cost recovery efforts.
o The Rolling Oaks Memorial Center will be bringing a complete business plan to
Council in the coming months, outlining fees for new products and services, as well
as proposed policy changes to more align with locally accepted business practices.
Detailed estimates for increases Total Estimated Revenue Increase
Charges for additional event support:$8,000
Senior Center rental increases $40,000
CORE Rental increases $17,000
Program fees at the BEC $15,000
Program fees at the CORE $12,000
Detailed estimates for new fees
Food truck/vendor fees$4,000
Individualized special event services$5,000
Fee for Group Exercise at the CORE $40,000
Season Pass to outdoor pool$7,000
Wedding Fee @ Community Center $35,000
Total Estimated Increases* $193,000
*Added revenue estimates are based on participation levels holding steady with past levels.
Participation will vary based on increases in fees alone, and when combined with potential
reductions in service level, lower participation is expected to ensue. Estimated reduction in
participation is not included in these revenue projections.
MEMORANDUM
To:Mayor and City Council
From:Kevin Richardson, Fire Chief
Date:February 25, 2020
Reference:Discussion on Fee Structure
2030:Goal 5under Sustainable Government states “Financial Resources to Support City
Services”
The Fire Department will be discussing two primary fee additions-consideration of adding
emergency medical transport service to Cypress Waters and consideration of charging the
insurance companies for automobile accidents that have Fire/EMS response. Both of these are
new fees and staff is seeking direction regarding whether to continue moving forward with due
diligence.
Emergency Medical Services Transports in Cypress Waters:The Coppell Fire Department has
been approached by the City of Dallas to discuss the possibility of Coppell providing some
services related to transports initiated in the Cypress Waters development during non-peak times.
Call volume is estimated to be approximately 1-3 per day and each transport would represent a
maximum of $1,800 in revenue. Note that not all calls will result in transport. The Coppell Fire
Department has capacity to accommodate this service. Should the Council desire to move
forward, staff would continue discussions with the City of Dallasto develop an Interlocal
Agreement that would outline the roles, responsibilities, and fee structure for that service.
Direct Billing of Insurance Carriers for Accident Response: This proposed fee addition is
included as a philosophical discussion forthe City Council. A few cities north of the Metroplex
and throughout the country have considered direct billing of insurance carriers for accidents
response. The Fire Department would assess fees to the various specialized services rendered
during accident response calls and bill the insurance carriers direct for those services. The Fire
Chief will be presenting more detailed information regarding this concept during work session.
It is also important to note that the City Council approved amended emergency medical services
feesthis past summer/fall. The additional revenue resulting from that fee changewas not included
in the adoptedFY20 budget. The estimated additional billable amount was $1.2 million. The Fire
Department estimates that approximately $600,000 would be collected as additional revenue.
MEMORANDUM
To: Mayor and City Council
From: Jennifer Miller, Director of Finance
Date: February 25, 2020
Reference: Credit Card Service Fees
2030: Sustainable City Government
Introduction:
The purpose of this item is to discuss the charging of service fees for use of a credit card.
Analysis:
Currently the City pays all costs associated with processing credit card payments, regardless of whether it is at
the counter or online. The City-wide annual cost of providing this service is approximately $200,000.
Governments and educational merchants are allowed to charge service fees. This fee can either be fixed or
variable and can be assessed over all channels of payment.
The fee paid by the City averages 3% per transaction processed.
Legal Review:
This agenda item has been reviewed by legal as part of the agenda review process.
Fiscal Impact:
Approximately $200,000 savings in expenditures.
Recommendation:
The Finance Department would recommend charging the service fees on credit card transactions.
1
298.78775.18329.40329.40476.08
1,614.758,466.603,684.188,466.603,684.18
FY19
10,182.0368,419.3320,894.00
110,591.17226,060.90102,842.87111,067.25226,060.90
264.94511.63329.62329.40472.08
1,424.917,574.587,574.58
FY18
10,202.6161,798.9413,653.9993,272.0816,678.3288,516.0493,744.1616,678.32
206,513.10206,513.10
900.12854.19285.25390.64
2,010.479,843.999,843.99
FY17
10,393.4658,688.8612,902.8017,997.9284,415.3217,997.92
141,029.54255,297.24143,040.01255,297.24
259.61744.84298.55506.24918.51
FY16
28,418.4554,063.4418,406.5114,173.5817,176.6714,173.5817,176.67
154,835.30289,801.70102,697.64155,753.81289,801.70
11.90
455.55780.24388.09347.91461.86
FY15
29,435.5790,670.8620,639.1882,708.7017,114.6522,787.3283,170.5617,114.6522,787.32
265,801.83142,729.30265,801.83
92.5950.32
447.13350.61692.07
FY14
20,716.6271,596.5815,089.0438,736.3215,721.1721,234.9839,428.3915,721.1721,234.98
184,727.43108,342.89184,727.43
CREDIT CARD FEESBY DEPARTMENT / DIVISIONFY 2014 - FY 2019COURTLIBRARYPOLICESHELTERPARKSINPECTIONSENVIRONMENTAL HEALTHTAXPLANNINGULITITY OPSWATER BILLINGCEMETERYRed LightTOTAL CREDIT
CARD FEESGeneral FundWater FundCemeteryRed Light
Memorandum
To:Mayor and City Council
From:Danny Barton, Chief of Police
Date:February25, 2020
Reference:Police Department Fee Proposal
The Coppell Police Department provides services in which fees are required such as solicitor permits and
police reports. A review of many of these fees has been conducted and compared with cities in the Dallas
Fort Worth area. Although the fees proposed in this memorandum are increases, fees that are proposed to
stay the same are not included.
Police Department
Item Current Fee Proposed Fee
Solicitor Permit $25 each $75 for first/$20 additional
Police Reports $3 each $6 each
Accident Reports $3 each $6 each
Michael Morten CD’s $1 each $10 each
Letters of Good Conduct Free $40 total (usually 2 copies needed)
1
Memorandum
To:Mayor and City Council
From:Danny Barton, Chief of Police
Date:February 25, 2020
Reference:Animal Services Fee Proposal
The below proposals concerning fees at the Coppell Animal Shelter have been determined by comparing
related fees to several cities in the Dallas/Fort Worth area. Below are the proposed future fees. Current
fees are attached on a separate document.
Adoptions
Adult cat (over 6 months)-$50
Kitten (under 6 months)-$75
Adult Dog (over 6 months)-$85
Puppy (under 6 months)-$100
Animal Surrender fees
Cat: $20 if already altered (documentation required)
$30 if unaltered
Dog: $30 if altered (documentation required)
$50 if unaltered
Animal License Fees
No proposed change
Animal Quarantine/Rabies testing
No proposed change
Impound and related fees
st
1Impound: $30 *no price difference based on if the animal is spayed or neutered
1
nd
2Impound: $50
rd
Impound: $80
3
th
Impound $ 120 (same as current)
4
Disposition of Animals
Euthanasia
Any animal: $50
Disposal:
No proposed change
Rental of Live Animal Trap
Any size trap for 10 days: $20 non-refundable
*Many cities charge a “deposit” which later must be refunded to the customer. In order to make it easier from a finance
standpoint as well as recoup potential loss due to damage of the traps (which is common), this would be a fee rather
than a deposit.
2
MEMORANDUM
To: Mayor and City Council
From: Luay Rahil, Assistant Director of Community Development
Suzanne Arnold, Chief Building Official
Date: February 18, 2020
Reference: Consider a revision to building permit and rental registration fees
2030: Special Place to Live
Executive Summary:
The Community Development Department maintains the health, safety, and integrity of our
community. To continue to serve our community, staff examined our fee schedule and identified
multiple fees that need to be revised. The majority of the building permitting/inspection fees have not
been revised for more than 10 years and the rental registration/inspections fees were initiated last year
without an actual cost to benefit analysis or cost recovery study.
Changes Include:
Single Family Rental Permit Fee
Single Family Rental Inspection Fee
Single Family Home Construction
Commercial New Construction
Commercial Alterations
Commercial Shell Buildings
Hotels/R-1 Construction
Commercial Demolition
Certificate of Occupancy
Spa or Above-Ground Pool
Irrigation
1
Retaining Walls
Water Heaters
Plan Review
Reinspection Fee (footnote)
Board of Adjustment Application Fee
Introduction:
Single-Family Rental Permit Fee and Inspection Fee
There is an increase in the demand for single-family rental homes around the country and the City of
Coppell. There are two reasons for the increase in demand. Young adults are not buying homes as
early as the generation that proceeded them, and home prices are increasing rapidly where most
people cannot afford to buy homes.
The City of Coppell house count for December 2019 was 11,826 single-family homes, and of those,
1,248 single-family homes were rental properties. This number is predicted to rise higher for the
reasons mentioned above.
The City of Coppell requires that all rental properties located in the city be registered. Rental
properties must be registered on or before January 31 of each year or upon becoming a rental property
and must be inspected before a tenant moves in or a tenant change.
To determine the cost of service, staff studied a cost-recovery model that takes into consideration
three factors: direct cost, indirect cost, and benefits analysis. Direct Cost includes easily tracked
expenses such as staffing cost, vehicle cost, and processing cost. Indirect cost includes shared costs
among several services such as software cost, overhead cost and support cost. Staff also considered
the benefit of each service to the individual and the community and established the following
parameters.
Cost Benefit Analysis:
Cost Recovery Tier 1 Tier 2 Tier 3 Tier 4 Tier 5
levels
Benefit Focus Most Commuunity Considertable Balanced Considerable Mostly Individual
Benefit Community Benefit Community and Individual Benefit Benefit
Individual Benefit
% Recovery No Cost Recovery No Cost Recovery 50 % Cost Recovery 80 % Cost Recovery 100 % Cost Recovery
When staff calculated the direct cost and considered the benefit of rental registration and rental
inspection, it was determined that the cost of providing the rental permit registration service was
$78.5 and the rental inspection service was $ 48.5. The current single-family rental permit fee and
inspection fee is $25 each. After a cost recovery study and trend analysis, Staff is proposing to raise
the fee to $50 for the permit fee, and $40 for the inspection fee. In order to keep the increase
reasonable, staff did not include the indirect cost of providing the service. Staff will revisit the fees
on a later date.
Trend Analysis:
Rental Permit Registration Fee Rental Inspection Fee
City of Austin $ 254 -
2
City of Carrollton $ 50 $40
City of College Station $ 15 -
City of Farmers Branch $ 120 -
City of Garland $ 65 -
* These cities were included because they have rental registration programs.
Building Inspection Fees
Except for a few residential building permit fees that were revised in 2019 in response to House Bill
852, the Building Inspections Division has not revised its schedule of fees since September of 2010.
Our goals in revising our permit fees are to receive justified compensation for the level of services
that we provide and to formulate fees that approximate the average of our neighboring cities.
For this study, our comparison cities are Lewisville, Carrollton, Grapevine, Irving, Flower Mound,
and Southlake. For comparison, we took a sample pool of 14 commercial alteration permits and 19
commercial new construction permits from 2019, plus three recent hotels, and calculated what the
permit fees would have been for each of the comparison cities. We used a pool of 21 single-family
residential permits to make the same line-item comparison.
Our goal was to devise new fees that came close to the average of our neighbors. We found that our
total commercial fees from the sample permits were about 26.5% below the average of the comparison
cities. Our fees for new homes were about 13% below average.
Our current fee structure for commercial projects is cumbersome. None of the cities studied had a
work classes. They involve a scaled base permit fee, plus a scaled fee for each of the three trades,
plus a plan review fee. Community Development is proposing to apply a uniform fee structure based
on project valuation for all commercial permits. We believe that the valuation is sufficient to indicate
the scale and the scope of our services that will be required. This new fee structure is a scaled system
with fee calculations for ranges of valuations, using a starting number plus cost per additional $1000.
The plan review fee would be a percentage of the permit fee and will be due at the time of submittal.
Unlike our current system, the proposed plan review fee will be a portion of the permit fee (40%), as
opposed to being in addition to the fee. We found that most of the comparison cities used a similar
system.
We believe that the simplified fees will make future market adjustments much easier so that we can
be more agile in cost recovery going forward.
Analysis:
Commercial
3
The new commercial fees resulted in a 29% increase in the total fees of the permits that we studied.
The proposed change puts our bottom line about 2% above the average of our comparison cities. The
new fees for commercial alterations, additions, demolition, new construction, finish-outs, shell
buildings, and hotels are as follows:
New Construction, Additions, Alterations, Repairs and Demolition for Non-Residential*
Value of Construction Permit Fee
$1-$10,000 $105
$10,001-$25,000 $242 + $18.76 for every $1000 over $10,000
$25,001-$50,000 $522 + $13.52 for every $1000 over $25,000
$50,001-$100,000 $860 + $9.34 for every $1000 over $50,000
$100,001-$500,000 $1327 + $7.47 for every $1000 over $100,000
$500,001-$1,000,000 $4317 + $6.43 for every $1000 over $500,000
$1,000,001 or more $7532 + $4.20 for every $1000 over $1,000,000
Residential
The new single-family residential fees resulted in a 10% increase in total fees for the permits that we
studied. This change would make Coppell about 2.5% below the average of the comparison cities.
The revised new single-family permit fees are as follows:
New Single-Family Residential
Square Footage Permit Fee
1,500 or less $1,487
1,501 to 2,000 $1,607
2,001 to 2,500 $1,727
2,501 to 3,000 $1,800
3,001 to 3,500 $1,935
3,501 to 4,000 $2,039
4,001 to 4,500 $2,143
4,501 or more $2,247
Miscellaneous
Additional revised fees are as follows:
4
Certificate of Occupancy fee increases from $50 to $75 to be more in line with neighboring
cities
Spa or Above Ground Pool fee increases from $110 to $200 to be more in line with
neighboring cities
Lawn Sprinkler fee increases from $60 to $80 to match the miscellaneous plumbing fee
established in 2019
Water Heater fee increases from $50 to $80 to match the miscellaneous plumbing fee
established in 2019
Existing Retaining Wall fee is $25 per 100 feet; we are keeping that rate and establishing a
minimum of $50 for the fee
For Reinspection Fees, we corrected the building code reference in the footnote and added
language indicating that a reinspection fee will be charged for excessive trips for partial
inspections (automatically assessed for inspections in excess of three per inspection type)
Plan Review fee for non-residential submittals is 40% of the total commercial permit fee
The remainder of the building permit and registration fees shall remain the same.
Legal Review:
The documents were reviewed by Bob Hager at NJDHS.
Fiscal Impact:
N/A
Recommendation:
Community Development recommends approval of these revised permit fees with immediate effect.
5
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MEMORANDUM
To: Mayor and City Council
From: Kent Collins, P.E., Director of Public Works
Mike Garza, P.E., Assistant Director of Public Works
Date: February 25, 2020
Reference: Design Contract for Storm Drain Outfalls on Denton Creek
2030: Sustainable City Government, Goal 3
Excellent and Well-maintained City Infrastructure and Facilities
/
General Information:
There are eight storm drains that outfall in Denton Creek between Deforest Road and
Hollywood Drive.
Two have failed and need to be repaired.
The storm drains were built with the subdivisions in the early 1990’s
The design is for the two headwalls that have failed.
The Design contract is with Kimley-Horn and Associates at a value of $127,100.
Introduction:
This item is to consider approval to enterinto a contract with Kimley-Horn andAssociates, Inc for
the design of two storm drain outfalls. The storm drains were built with the original development in
the early 1990’s.
Analysis:
The City owns and maintains over 150 miles of storm drain mains. Many of the storm drains
outfall to the creeks. With the continuous rise and fall of the creeks, thebanks of the creeks become
unstable and can begin to fail. The failures of the banks also cause failure of the outfall structures,
in particular Denton Creek. Denton Creek from Deforest Road to Hollywood Drive has eightstorm
drain outfalls. With the floods in 2015 and the continuous rapid release from Grapevine Lake, of
the 8, two headwalls have failed. One headwall is between 945-949 Parker Drive and the other is
between 216-220 Hollywood Drive. This contract is for a design to replace the headwalls with
structures that will withstand the fluctuation of the creek and potential additional bank failures.
Once the design is complete, we will advertise and bid the project. We anticipate the design to take
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approximately 6 months and construction to be an additional 6 months, depending on the creek
levels.
Legal Review:
The City’s standard design contract was utilized for this project, which is reviewed by the City
Attorney periodically.
Fiscal Impact:
The fiscal impact of this Agenda item is $127,100as provided for in drainage utility district fund.
Recommendation:
The Public Works Department recommends approval of this contract with Kimley-Horn and
Associates, Inc.
2
SCOPE OF SERVICES
PROVIDED BY KIMLEY-HORN AND ASSOCIATES, INC.
TO
THE CITY OF COPPELL
FOR
STORM SEWER OUTFALL EROSION REPAIRS AT 945-949 PARKER DR. AND
216-220 HOLLYWOOD DR.
A. PROJECT DESCRIPTION
The City of Coppell (CITY) proposes to contract with Kimley-Horn (CONSULTANT) to
improve the existing storm sewer outfall between 945-949 Parker Drive and between
216-220 Hollywood Drive along Denton Creek to address damage caused by creek
bank erosion. It is assumed access to the project will be through the existing drainage
easement. Restoration of turf and grading within the access path will be required. The
CITY will coordinate with all property owners regarding access and property restoration.
No ROW or easement documents are included as a part of this scope.
The general tasks for this project will include design, construction plans, and
specifications to replace the existing headwall and outfall armoring at the Parker Drive
Location. Construction plans and specifications shall include access and site
restoration. Plans will be prepared in CAD, with electronic files in .PDF and .DWG
format. Design will follow CITY standard details as applicable and will be supplemented
by TxDOT details and specifications as well as any special details and specifications
necessary to complete the design.
The CONSULTANT will perform engineering and related technical services for this
project as outlined below.
B. TASK DESCRIPTIONS SCOPE OF SERVICES
I. Preliminary Engineering (Basic Services - Lump Sum)
A. Data Collection Obtain readily available utility plans, street plans, plats,
right-of-way maps, existing easement information, contour maps, and other
features within and pertaining to the Project area from the CITY. Existing
Project conditions shall also be documented using digital photography.
B. Field Survey CONSULTANT will provide topographic survey. Survey does
not include access areas on opposite side of the Elm Fork of the Trinity River.
C. Site Visit One site visit will be performed to evaluate the existing conditions.
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D.Pre-Design Conference Meet with CITY engineering staff one time to review
project requirements and goals, design criteria, communication procedures,
project scheduling, personnel, and other issues that may impact the project.
E. Preliminary Engineering Design (30%) Utilizing information obtained from
the data collection, the CONSULTANT will develop one (1) storm sewer
outfall design option including an opinion of probable construction costs. The
preliminary engineering design phase will include the following:
1. Locations of existing utilities, infrastructure, buildings, approximate
easement limits, landscaping, and other known improvements within
the project and access area based on available information.
2. Develop preliminary design of one (1) outfall option. Outfall option will
address existing structural failures and erosion within the existing
easements only at each location. No improvements will be performed
outside of the existing easements at either location. It is assumed that
no significant geometric modifications will be made to above grade
elements of the existing outfalls. The project location is located in Zone
AE on the Flood Insurance Rate Map (in the 100-yr, 500-yr, and
floodway delineated areas). This scope assumes that hydrologic and
hydraulic analyses are not required. If geometric modifications are
more significant and trigger hydraulic analysis and review, those
services can be provided as additional services. It is assumed that this
work will be authorized under Nationwide Permit No. 3 covering the
repair, rehabilitation, or replacement of any previously authorized,
currently serviceable structure, or fill, or of any currently serviceable
structure or fill authorized by 33 CFR 330.3. No preconstruction
notification is anticipated.
3. Provide conceptual plan sheets including cover, access plan, typical
section(s), plan/profile.
4. Prepare quantities and an opinion of probable construction cost.
F. Preliminary Engineering Submittals Submit up to five (5) half size
an opinion of probable construction cost to
the CITY for review.
II. Final Engineering (Basic Services Lump Sum)
A. Final Engineering Design Incorporate comments from the CITY, prepare
final engineering plans and specifications with submittals at ninety percent
(90%) and final completion (100% sealed bid sets). The final engineering
design phase will include the following:
1. Upon selection of the design option, prepare construction plans and
drawings. Plan set will include the following: Cover Sheet with Index,
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City Standard General Notes, Project Control, Access Plan, Demolition
Plan, Grading Plan, Structural Details, Outfall Armoring Plan and
profile, applicable City and TxDOT Standard Details, Site Restoration
Plan, and any special details and specifications.
2. Provide structural design for the selected outfall options. The
structures will be designed and detailed in accordance with the
recommendations in the Geotechnical Engineering Investigation.
3. Prepare updated estimated construction quantities and opinion of
probable construction costs. Because the CONSULTANT does not
control the cost of labor, materials, equipment or services furnished by
others, methods of determining prices, or competitive bidding or
market conditions, any opinions rendered as to costs, including but not
limited to opinions as to the costs of construction and materials, shall
be made on the basis of its experience and represent its judgment as
an experienced and qualified professional, familiar with the industry.
The CONSULTANT cannot and does not guarantee that proposals,
bids or actual costs will not vary from its opinions of cost.
B. Project Manual Prepare project manual based on CITY template, including
bidding requirements, proposal, bid schedule, special conditions, and
technical specifications.
C. Final Review Submittal Plan submittal will occur at ninety percent (90%)
completion for final CITY review. Submit up to
sets of plans, three (3) sets of the project manual, and an opinion of probable
construction cost to the CITY.
D. Final Completion Incorporate comments from the CITY, prepare final
engineering plans and specifications for bidding (100%).
E. Bid Phase Services - Bid phase services include the following:
1. Final Printing Coordinate final printing of construction plans and
project manual for distribution to proposed bidders. The
CONSULTANT will recoup cost of bid sets by non-refundable fee from
proposed bidders. All plans, project manuals, and other related
bidding documents will be distributed from the office of the
CONSULTANT. Plans will be produced in x format.
2. Bidding Process Assist the CITY with the bidding process as follows:
a. Provide up to three (3) sets of half size plans (11x17) and
project manuals to the CITY for use during the bid process.
b. Provide bidding documents to up to three (3) plan rooms.
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c.Attend pre-bid conference if required by the CITY.
d. Address questions from the proposed bidders during the bidding
process and issue addenda as necessary, in coordination with
the CITY.
e. Attend the bid opening and assist the CITY in tabulating and
analyzing bids received.
f. Prepare final bid tabulations and assist the CITY with Contractor
selection.
3. Contract Award Prepare three (3) sets of the conformed project
manual for execution between the contractor and the CITY.
III. Construction Phase Services (Supplemental Services - Lump Sum)
The following services will be provided on lump sum basis. Additional hourly
services can be provided upon request. Lump sum services are anticipated to
include the following:
A. Attend preconstruction conference.
B. Materials submittal review.
C. Attend up to four (4) progress meetings.
D. Make up to four (4) additional site visits to perform construction observation
for general conformance to the construction plans.
E. Attend one (1) final walk-through of the completed project and prepare a
punch list of deficiencies to be corrected.
F. Prepare record drawings based on plan markups provided by the contractor.
CONSULTANT shall rely on the accuracy of record drawing information
provided by the contractor.
4
IV.Subconsultant ProfessionalServices (Supplemental Services -Lump Sum)
A. Geotechnical Engineering Investigation CONSULTANT, through a
subconsultant, will provide geotechnical engineering to provide structural
recommendations for proposed improvements. One hand boring will be taken
at each location.
V. Exclusions
The scope of services identified herein specifically excludes the following items,
however, these items can be provided if necessary with a revision to scope of
work and fees as agreed between CITY and CONSULTANT in writing:
A. Construction staking;
B. Final plat or replat services;
C. Environmental investigation, assessment, or remediation;
D. Fees for permits and bid advertising;
E. Design of improvements outside project limits;
F. Consulting services not included in proposal;
G. Alternate additions not included in the original scope;
H. Aerial photography;
I. Public Involvement;
J. Environmental permitting including coordination with USACE or other Federal
Agencies.
K. Submittals to the Federal Emergency Management Agency.
L. Hydrologic or Hydraulic analysis for Denton Creek, the Elm Fork of the Trinity
River, or any storm sewer systems.
M. Third-Party Coordination CONSULTANT will not coordinate with agencies
other than these listed in this scope. CONSULTANT will not coordinate with
franchise utilities. CONSULTANT will not coordinate with individual property
owners.
N. Correction of deficiencies identified as a result of information provided by
others.
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VI. Fees
For and in consideration of Basic and Supplemental Services to be rendered by
CONSULTANT, CITY agrees to pay, based on the fees indicated below, with the total
fee of One Hundred Twenty-Seven Thousand One Hundred dollars ($127,100.00).
Partial payments to CONSULTANT will be made on the basis of monthly statements
rendered to and approved by the CITY; however, under no circumstances shall any
monthly statement for services exceed the value of work performed at the time a
statement is rendered. Payment for the services shall be due and payable within one
month of submission of a statement for services. A summary of the fee is as shown
below:
BASIC SERVICES (LUMP SUM)
I. PRELIMINARY ENGINEERING SERVICES = $51,300
II. FINAL ENGINEERING SERVICES = $34,100
TOTAL BASIC SERVICES FEE = $85,400
SUPPLEMENTAL SERVICES (LUMP SUM)
III. CONSTRUCTION PHASE SERVICES = $24,400
IV. SUBCONSULTANT PROFESSIONAL SERVICES = $17,300
TOTAL LUMP SUM SUPPLEMENTAL SERVICES FEE = $41,700
TOTAL PROJECT FEES = $127,100
The budgets for LUMP SUM SUPPLEMENTAL SERVICES tasks include direct
reimbursable expenses such as subconsultant fees (survey and geotechnical), express
delivery services, fees, and other direct expenses and will be billed at 1.15 times cost.
The budgets also include a percentage of labor fee (6%) to cover certain other
expenses related to the BASIC SERVICES tasks such as telecommunications, in-house
reproduction, postage, supplies, project related computer time, and local mileage.
Any permitting, application, and similar project fees will be paid directly by the CITY.
It is specifically understood and agreed that CONSULTANT shall not be authorized to
undertake any work pursuant to this Contract which would require payment by the CITY
for any charge, expense, or reimbursement above the fee as stated herein without
obtaining prior written authorization from the CITY.
6
Stormsewer Outfall Erosion Repairs
At Two Locations
City of Coppell
Conceptual Opinion of Probable Construction Cost
02/19/20
Date:
ItemQntyDescriptionUnitUnit PriceTotal Price
11Mobilization, Bonds and InsuranceLS$35,000.00$35,000.00
21Erosion Control MeasuresLS$5,000.00$5,000.00
31Site Preparation, Access and DewateringLS$30,000.00$30,000.00
4600Helical PiersVF$60.00$36,000.00
52Reinforced Concrete Pipe RepairsEA$1,500.00$3,000.00
62Concrete HeadwallEA$3,500.00$7,000.00
720Structural ConcreteCY$700.00$14,000.00
850Import and Placement of FillCY$30.00$1,500.00
92030" Rock RiprapCY$150.00$3,000.00
102Site RestorationEA$15,000.00$30,000.00
Subtotal$164,500.00
Contingency30%$49,350.00
TOTAL CONSTRUCTION COST
$213,850.00
NOTES:
1The Consultant has no control over the cost of labor, materials, equipment, or
over the Contractor's methods of determining prices or over competitive bidding
or market conditions. Opinions of probable costs provided herein are based on
the information known to Consultant at this time and represent only the
Consultant's judgment as a design professional familiar with the construction
industry. The Consultant cannot and does not guarantee that proposals, bids, or
actual construction costs will not vary from its opinions of probable costs.
2Items and quantities conceptual only. No design has been
performed.
Assumes access through existing easments between properties.
3
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Page 1 of 1
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MEMORANDUM
To: Mayor and City Council
From: Kent Collins, P.E., Director of Public Works
Mike Garza, P.E., Assistant Director of Public Works
Date: February 25, 2020
Reference: Design Contract for Sandy Lake Lift Station reconstruction
2030: Sustainable City Government, Goal 3
Excellent and Well-maintained City Infrastructure and Facilities
/
General Information:
Sandy Lake Lift Station (SLLS) was originally constructed in mid to late 1970’s.
This is for design of reconstructing the lift station in the amount of $645,538.00
Some minor modifications were completed in 2004
Proposed modifications include: elevating to get the station above the floodplain
elevation; reconfigure from a dry/wet pit to a wet well with submersible pumps;
replace discharge flow meters; replace Odor control units; upgradeinstrumentation
and monitoring equipment; and adding a permanent generator.
Estimated Construction Cost is $5 Million (includes, construction, Geotech, SCADA
replacement and construction admin.)
Introduction:
This item is to consider approval to enter into a contract with Plummer Associates, Inc for the design
of the Sandy Lake Lift Station reconstruction. Sandy Lake Lift Station was originally constructed in
the mid to late 1970’s and has a capacity of 4.2 million gallons per day. Up until 2007, all of the
City’s wastewater passed through this lift station, which means for 40 years it has been carrying the
complete load. Over the years we have performed maintenance to the lift station to extend the life,
which included replacingpumps, odor control units, flow monitors,etc. This lift station has reached
its useful life and then some.
Analysis:
Prior to 2007, SLLS received all of the wastewater flow inthe city. In 2007, a project was completed
that created a bypass from the Deforest Lift Station directly to the TRA metering station allowing us
to keep SLLS the same size at the time. During the floods of 2015, the Sandy Lake Lift Station was
1
under more than 3 feet of water and within inches of being compromised and inoperable until the
floodwaters subsided. The Public Works department was able to create a berm to protect the lift
station during the flood.
In July 2018, the city entered in a contract with Plummer Associates for the preliminary analysis and
design of the lift station. From their results, they made recommendations. Some of the upgrades to
the site will include raising the lift station out of the potential floodwatersincluding the driveway and
electrical panel. The current site is a wet pit/dry pit configuration where the dry pit is more than 25
feet below grade and requires continuous ventilation, which can be a safety concern. That would be
replaced with a wet well configuration with submersible pumps likethe Deforest Lift Station. A
permanent generator would be added where there is currently a portable generator. New flow meters
on the incoming mains and the discharge mainwould be included. The rehabilitation will include
adding new instrumentation and monitoring to allow access toreal time data of the site, which
includes monitoring of pumps, inflow, discharge, well level, electricity, generator status and site
security. The odor control units would also be replaced. The rehabilitated lift station will provide a
useful life of 30-40 years with proper maintenance. The estimated construction cost is approximately
$5 million. The design will take approximately 12 months and then construction would take
approximately 12 more months.
Legal Review:
The contract form has been reviewed by the City Attorney.
Fiscal Impact:
The fiscal impact of this Agenda item is $645,538.00 as provided for in the water/sewer fund.
Recommendation:
The Public Works Department recommends approval of this contract with Plummer Associates, Inc.
2
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MEMORANDUM
To:Mayor and City Council
From: Jennifer Miller, Director of Finance
Date: February 19, 2020
Reference: Consider all matters incident and related to the adoption of a resolution expressing
official intent to reimburse costs of projects
2030: Sustainable City Government
Introduction:
Before approving a construction contract, the City must have total funds available at the time of
contract award.
Analysis:
Passage of this agenda item will allow approval and awarding of contracts priorto theissuance of
future bonds by allowing temporary funding from the Water SewerFund for (i) acquiring,
constructing, installing and equipping additions, improvements, extensions and equipment for the
City’s waterworks and sewer system.
Legal Review:
Agenda item was reviewed by legal as part of the agenda packet. The resolution was prepared by
Bond Counsel.
Fiscal Impact:
Funds will be provided by the Water and Sewer Fund prior to the issuance of future bonds.
Recommendation:
The Finance Department recommends approval of the Resolution.
1
RESOLUTION NO. 2020-_______
RESOLUTION EXPRESSING OFFICIAL INTENT
TO REIMBURSE COSTS OF PROJECTS
WHEREAS, the City of Coppell, Texas (the "City") is a home-rule municipality and political
subdivision of the State of Texas (the "State"); and
WHEREAS, the City expects to pay, or have paid on its behalf, expenditures in connection with
the design, planning, acquisition and construction of the projects described in Exhibit A hereto (the
"Projects") prior to the issuance of tax-exempt obligations or other obligations for which a prior
expression of intent to finance or refinance is required by Federal or State law (collectively and
individually, the "Obligations") to finance the Projects; and
WHEREAS, the City finds, considers and declares that the reimbursement for the payment of
such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such,
chooses to declare its intention to reimburse itself for such payments at such time as it issues Obligations
to finance the Projects;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
Section 1. The City reasonably expects to incur debt, or have debt incurred on its behalf, in one
or more series of Obligations with an aggregate maximum principal amount not to exceed $12,500,000,
for the purpose of paying the costs of the Projects.
Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-
exempt Obligations will be issued by the City in furtherance of this resolution after a date which is later
than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the
Projects, with respect to which such expenditures were made, are placed into service.
Section 3. The foregoing notwithstanding, no tax-exempt Obligations will be issued pursuant to
this Statement more than three years after the date any expenditure which is to be reimbursed is paid.
Section 4. This Resolution shall be effective immediately upon adoption.
th
DULY PASSED by the City Council of the City of Coppell, Texas, this the 25 day of February,
2020.
APPROVED:
KAREN SELBO HUNT, MAYOR
ATTEST:
CHRISTEL PETTINOS, CITY SECRETARY
Exhibit A
(i) acquiring, constructing, installing and equipping additions, improvements, extensions and equipment
for the City's waterworks and sewer system.
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MEMORANDUM
To: Mayor and City Council
From: Kumar Gali, P.E., Assistant Director of Public Works-Engineering
Kent Collins, P.E., Director of Public Works
Date: February 25, 2020
Reference: Resolution to set a Public Meeting date ofApril 14, 2020 to consider amendments to
land use assumptions, capital improvement plan, and impact fees for water,
wastewater and roadway facilities.
General Information:
The City collects roadway, water and wastewater impact fees to cover costs associated
with infrastructure needed to serve future development
According to Chapter 395 of the Texas Local Government Code, Cities must review
their impact fees at least every five years
In January of 2018 the City entered into an agreement with Birkhoff, Hendricks &
Carter, LLP for System Planning and Impact Fee Update
Birkhoff, Hendricks & Carter, LLP has completed the System Planning and Impact
Fee Update study
Per Chapter 395 of the Texas Local Government Code, any amendments to the impact
fee need to follow a schedule of required actions, and one of the actions to set a public
hearing date to consider land use assumption, capital improvement plan and impact
fees
Analysis:
This resolution is presented to set a date to hold a public hearing on April 14, 2020 to discuss Land
Use Assumptions, Capital Improvements Plans and the Impact fees for Water, Wastewater and
Roadway. Staff will be available to answer any questions.
Legal Review:
The resolution was reviewed by the City Attorney.
Fiscal Impact:
There is no fiscal impact related to this item.
1
Recommendation:
The Public Works Department recommends approval of the resolution.
2
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS ESTABLISHING A PUBLIC HEARING DATE TO CONSIDER
AMENDMENTS TO THE LAND USE ASSUMPTIONS, CAPITAL
IMPROVEMENTS PLAN AND IMPACT FEES FOR WATER,
WASTEWATER AND ROADWAY FACILITIES; PROVIDING FOR THE
GIVING OF NOTICE OF THE PUBLIC HEARING; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas previously adopted land use
assumptions, a capital improvements plan, and impact fees for water, wastewater and roadway
facilities, as required by Chapter 395 of the Texas Local Government Code; and
WHEREAS, the City of Coppell has received an updated land use assumption, capital
improvements plan and proposed impactfees for water, wastewater and roadway facilities; and
now desires to conduct a public hearing, required by Chapter 395 of the Texas Local Government
Code, to receive public comment regarding said amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the City Council of the City of Coppell, Texas, shall conduct a public
hearing on April 14, 2020 at 7:30 p.m. to consider the adoption of amendments to the land use
assumptions, the capital improvements plans, and impact fees for water, wastewater and roadway
facilities.
SECTION 2. That on or before the date of the first publication of the notice of the hearing
on the amendments, the land use assumptions, the capital improvements plans, and impact fees for
water, wastewater and roadway facilities, including the amount of any proposed amended impact
fee per service unit, shall be made available to the public.
SECTION 3. That pursuant to Section 395.055 of the Texas Local Government Code, the
Director of Public Works is directed to cause a Notice of Public Hearing on Amendment of Impact
th
Fees to be published in the City’s official newspaper. The notice shall appear on or before the 30
day before the date set for the hearing. The notice shall contain the following: (1) a headline to
read as follows: “NOTICE OF PUBLIC HEARING ON AMENDMENT OF IMPACT FEES’; (2)
1
the time, date, and location of the hearing; (3) a statement that the purpose of the hearing is to
consider the amendment of land use assumptions and a capital improvements plan and the
imposition of an impact fee; and (4) a statement that any member of the public has the right to
appear at the hearing and present evidence for or against the update.
SECTION 4.This resolution shall become effective immediately from and after its
passage, as the law and charter in such cases provide.
DULY PASSED and approved on this the __________ day of ____________________,
2020.
APPROVED:
_____________________________
Karen Selbo Hunt, Mayor
ATTEST:
_____________________________
Christel Pettinos, City Secretary
APPROVED AS TO FORM:
_____________________________
Robert E. Hager,
City Attorney
2
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MEMORANDUM
To: Mayor and City Council
From: Danny Barton, Chief of Police
Date: February 25, 2020
Reference: Interlocal Agreement between Dallas County District Attorney’s Office and The City
of Coppell
Introduction: Chapter 59 of the Texas Code of Criminal Procedure is the state statute concerning
Forfeiture of Contraband. The Coppell Police Department does on occasion seize contraband in the
forms of money and/or property if those items are deemed proceeds of criminal activity or instruments
of criminal activity. The statute defines which criminal offenses contraband can be seized as a result
of their commission. The District Attorney of Dallas County is the prosecuting authority of these
criminal offenses if they are committed within Dallas County. Section 59.06 requires an Interlocal
Agreement between the attorney representing the state and the law enforcement agency.
The Dallas County District Attorney’s Office has presented this Interlocal Agreement which details
the agreements for forfeitures made by the Coppell Police Department. In cases that involve proceeds
of currency and/or real property, the Coppell Police Department will receive sixty-five percent (65%)
and the Dallas County District Attorney’s Office will receive thirty-five (35%) of those proceeds after
processing fees and any other related expenses. Additional seizure agreements are detailed in the
agreement. These proceeds can be used for training and equipment needs for the police department.
Background: The Dallas County District Attorney has conducted an audit of interlocal agreements
with all cities located in Dallas County. Due to numerous outdated and some missing Interlocal
Agreements, The Dallas County District Attorney’s Office has drafted new agreements for all
agencies including the Coppell Police Department. This Agreement goes into effect on April 1, 2020
and ends on December 31, 2024.
Legal: The Agreement has been reviewed by legal.
Fiscal Impact: Without an Interlocal Agreement, any contraband seized would be auctioned by the
Dallas County Sheriff and proceeds sent to the state treasury general fund.
1
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MEMORANDUM
To: Mayor and City Council
From: Danny Barton, Chief of Police
Date: February 25, 2020
Reference: TCOLE Training Provider Contract
Introduction: The Coppell Police Department has been recognized as a training provider by the
Texas Commission on Law Enforcement (TCOLE) for many years. TCOLE recently accepted the
Coppell Police Department’s application to continue as a training provider. This extended contract
enables the Coppell Police Department to host and provide training that is recognized by TCOLE.
The Coppell Police Department will continue to host police officers from around the state in addition
to providing its own training. Officers will be given continuing education credits toward their state
certifications upon completion of any TCOLE approved training provided or hosted by the Coppell
Police Department.
Background: The Coppell Police Department has been a recognized TCOLE training provider for
over two decades. TCOLE renews the contracts with the department after many on-site audits. Our
most recent application and on-site audits have been conducted over the past year. This contract is a
renewal that will expire on March 31, 2025.
Legal: The City Attorney has reviewed the contract.
Fiscal Impact: There is no fiscal impact.
1
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MEMORANDUM
To: Mayor and City Council
From: Jennifer Miller, Director of Finance
Date: February 25, 2020
Reference: Consider approval of the Comprehensive Annual Financial Report (CAFR) for the fiscal
year ending September 30, 2019
2030: Sustainable City Government
Introduction:
As required by Section 7.13 ofthe City of CoppellHome RuleCharter,an independent audit must be made
of all accounts of the City by a Certified Public Accountant.
Analysis:
John DeBurro, Partner, with the audit firm of Weaver, will present the results of the financial audit.
Legal Review:
Agenda item was reviewed by legal as part of the agenda packet.
Fiscal Impact:
There is no direct fiscal impact from this agenda item.
Recommendation:
The Finance Department recommends acceptance of the CAFR for fiscal year ending September 30, 2019.
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MEMORANDUM
To: Mayor and City Council
From: Kent Collins, P.E., Director of Public Works
Steve Shore, Facilities Manager
Date: February 25, 2020
Reference: HVAC System Replacement Town Center
2030: Sustainable City Government, Goal 3
Excellent and Well-maintained City Infrastructure and Facilities
General Information:
Town CenterFacility was constructed in 1985.
Existing air handlersare original and at end of life.
Existing chiller is 14years old and at end of life.
Existing chiller uses R22 refrigerant which as of 1/1/2020 is illegal to manufacture or
import in the United States.
Project total is $748,660.00
Introduction:
This agenda item is being presented to considerapproval of National Intergovernmental Purchasing
Alliance Proposal #NIPA R150501, quote 011420BCS for HVAC replacement at Town Center,
located at 255 ParkwayBoulevard,with TD Industries,in the amount of $748,660.00; as budgeted in
IMF and authorizing the City Manager to sign any necessary documents. National IPA contracts are
awarded through a Request for Proposal (RFP) competitive solicitation by a public agency or a
governmental entity.
Analysis:
Town Center was constructed in 1985, most of the HVAC system is original to the facility. The
primary issues with the current system are:
ASHRAE guidelines state that air handlers and their associated components have a life
expectancy of 20 years. The air handlers at Town Center are 35 years old. They are
experiencing issues such as the rusting out of their drain pans.
1
The fresh air make-up system does not meet current standards. The existing units bring in air
that is not pre-conditioned, so hot andhumid air is added to the conditioned space increasing
electrical usage and decreasing the responsiveness of the system. As a result, they are
underutilized affecting the quality of the air inside the facility.
ASHRAE guidelines state that chillers can be expected to last 15 to 20 years. The main chiller
at Town Center is 14 years old but has two major issues that warrant its replacement currently.
This chiller uses as its refrigerant R22 which as of January 1, 2020 is illegal to manufacture
or import. The chiller has developed a refrigerant leak in its condenser coil constituting the
necessity of a major repair if we were to attempt to keep it on line.
The new chiller has a series of smaller compressors rather than the two large compressors on
the current chiller. This will allow the unit to run the compressors in stages to closer match
the actual heat load in the building reducing energy usage.
The chilled water pumps will be changed to correctly match the water flow of the new chiller.
In addition, these pumps will be controlled by variable speed drives. This will allow the
pumps to pump the correct gallons per minute and reduce energy usage.
The current energy management system is of an age that itsmain function is to save energy
by managing the start and stop times of the units. A new energy management system will be
installed that is more responsive to the actual temperature in multiple locations throughout the
building to help eliminate over cooling. This is essential for reducing energy usage. The new
system will also react faster to an increase in temperature caused by an increase in load in a
specific location such as people gathering in a room for a meeting.
TD Industries, the City’s current HVAC vendor, conducted a thorough investigation of the Town
Center HVAC system. The recommendation is to replace the existing HVAC system and its
associated components. The system will also incorporate a dedicated outside air unit that will
condition outside air and introduce it into the space helping with continuous air changes in the
building.
The work will be performed on weekends and with no disruption to staff. The complete equipment
list and scope of work is listed on document labeled “HVAC retrofit for Town Hall” included with
the additional documentation.
Legal Review:
N/A.
Fiscal Impact:
The fiscal impact of the agenda item is a total of $748,660.00, as budgeted inIMF.
Recommendation:
The Public Works Department recommends approval of the National IPA proposal with TD Industries
for the HVAC replacement at Town Center 255 Parkway Blvd.
2
Aerial View of Town Center HVAC Layout
1.Unit marked 1 is an 80-ton chiller nearing the end of its expected life cycle. In addition,
it uses as its refrigerant R22 which as of the first of this year is no longer manufactured as
per EPA guidelines. One of its two refrigerant circuits has a leak, possibly in the
condenser coil which would constitute a major repair. This unit is supplemented by unit
marked 2 which is a 50-ton chiller which also uses R22. These will be replaced by one
(1) 130-ton unit. This new chiller has 6 compressors and multiple refrigerant circuits
allowing the unit to only run what is needed based on the heat load in the building. This
will result in a reduction of energy cost.
2. Unit marked as number 2 is the 50-ton chiller which will be removed. This space will be
used to place a fresh air make up unit. Requirement for office buildings is 20% outside
air. This unit will be supplied with cold water from the chiller allowing it to dehumidify
and pre-cool the air before it is supplied to the building.
3.Units marked 3 are theexisting fresh air make up units. They currently are not being
utilized due to the high temperature and humidity of the air they brought into the
conditioned space. Their fan motors and controls will be removed, and ducts will be run
to them from the new fresh air make up unit to provide condition air to meet the
requirements for fresh air.
Typical Air Handler Town Center
Units are original 35-year-old air handlers that have exceeded their expected life
span. Section one shows modification of chilled water valve that was needed
because original parts are no longer available. This also shows that water is
supplied at a constant volume to the air handler and to control temperature this
valve opens and allows water to bypass the air handler. New unit will have
variable speed pumps supplying only the amount of chilled water needed based
on heat load in building. This will result in a reduction of energy used. Section
two shows added drain lines that were added due to the fact that the drain pans
have started to rust and leak.
TDIndustries is licensed and regulated by the
Texas Department of Licensing and Regulation
P.O. Box 12157
Austin, TX 78711
1-800-803-9202 or 512-463-6599
Texas State Board of Plumbing
P.O. Box 4200
Austin, TX 78765
Company: City of Coppell Job Name: HVAC Upgrade for Town Hall
Address: 265 Parkway Blvd Address: 255 E Parkway Dr
Coppell, TX 75019 Coppell, TX
Contact: Steve Shore Contract #: TX-R150501-305509
Phone No.: 469-416-8203 Date: 1/14/20
Email: sshore@coppelltx.gov Quote No. 011420BCS
We propose pricing for the following scope of work, to include:
Town Hall Mechanical and Automation Upgrade
The existing air handlers in the building are 40 years old and need of replacement. TD is recommending
replacement to Trane multizone air handlers and constant volume air handlers that match the existing spec of the
measures. Due to the duct design in the building, this is the most economical solution for replacement. The
building has two outside air shafts that have two fans feeding outside air to each outside air shafts. Both fans have
been out of service for some time and are in disrepair. With both fans out of service, there is no way to bring to add
fresh air into the building except through the doors of the building. The new mechanical will include the addition of
a dedicated outside air unit to produce conditioned neutral air into each of the air handler rooms for fresh air.
The chiller equipment on the roof consists on one 80ton Trane air cooled screw chiller and one 50ton Trane
scroll chiller. Each chiller contains R-22 refrigerant which has now been phased out of production. Due to the
limited room and structural pads existing, the two existing units will be removed and one refrigerant R-410, Trane
130ton scroll chiller will occupy on area of the space while the other area will house the new chilled water outside
makeup air unit along with the associated duct work that feeds the two outside air shafts now occupied by the old
fans.
The existing pumps will be replaced and upgraded to match the new flow of the 130ton Trane chiller, a
200gallon buffer tank will be added in the mechanical room located where the old air compressor once occupied,
and a minimum flow bypass installed for energy saving variable primary chilled water flow. Each chilled water
y demand instead of constant flow. This will reduce
pump energy and will allow the chiller to match load with chilled water flow.
TD Industries shall provide and install a new Tridium Jace 4 with BACnet MSTP automation hardware. The
new system includes adding the Town Center to the Tridium Web Supervisor Software Web Based Workstation. All
the Alerton Controllers will be replaced and will reuse all the end devices such as actuators, enclosures, low volt
wiring, relays, and current sensors.
TD will install new control enclosures and new power supplies for all new BACnet controllers on all 4
Multizone Air Handling Units and reprogram the 4 Multi Zone Air Handling Units with resets for energy savings.
The Multi Zone AHU Controllers will be expanded with VFD Drives, chill water valves and double up on the zone
actuators adding 27 damper zone actuators and reusing 27 existing Belimo LM-24-T for the new Trane Multi Zone
TD will install new control enclosures and new power supplies for all new BACnet IP controllers on 2 new
Single Zone Air Handling Units and reprogram the 2 SZ Air Handling Units with resets for energy savings. The
Single Zone AHU Controllers will be expanded with VFD Drives and new Temperature Sensors and chill water
valves.
Page 1 of 5
TD will install new DDC Controller to convert from Alerton to TD Controls BACnet controllers and replace
the temperature sensors. Reuse existing chill water valve.
TD will install a new DDC Controller to control the new Make Up Air Unit for Town Center. The new
controller will modulate the chill water valve and SCR heat to maintain the correct discharge temperature to deliver
conditioned air throughout the year. Reduction of humidity heat and cold weather will be eliminated by adding a
Make Up Air Unit to deliver Neutral Air.
TD will replace the plant well sensors, reconnect all existing control points and control wiring and will
reprogram the plant sequence of operations to meet the proper sequence for the current configuration and add
resets for energy savings. All programming, startup, commissioning and warranty parts and labor for one year.
Electrical upgrades will be performed at roof level at the mechanical equipment. Service will be modified and
fused for the correct MOCP of the new 130ton chiller including new conductors. Modify existing disconnect for existing
50ton chiller to be
variable flow to the chilled water system. Provide disconnect/reconnect electrical to all new air handlers installed.
Scope of Retrofit Project
Mechanical
1. Over several weekend shutdowns, remove 4 existing multizone air handlers and 2 constant volume air
handlers and replace with new Trane UCCA and CSAA air handlers that match the existing airflow of the
existing McQuay air handlers.
2. Install new plenums to attach existing duct zones to new air handlers.
3. Install new two way modulating chilled water valves on each air handler.
4. Install new smoke detectors on each air handler. Smoke detector termination by others.
5. Insulate chilled water lines where required.
6. Run new condensate drain.
7.
8. Provide electrical service to each VFD.
9. Provide controls to each zone damper, chilled water valve and zone dampers.
10. Startup and program.
Penthouse and Roof Level
1. Over several weekends, drain chilled water loop at roof level.
2. Remove existing 80ton and 50ton chiller.
3. Install one Trane CGAM 130 ton scroll chiller and one Trane CSAA rooftop mounted chilled water makeup
air unit on existing pads.
4. Install one 200gallon insulated buffer tank to increase loop volume in the chilled water loop.
5. selected for GPM and feet of head of new chiller
6. Install one minimum flow valve for minimum flow for bypass flow to the new chiller.
7. Install flow sensor to control the minimum flow valve.
8. Install new chilled water expansion tank, chilled water pot feeder and chilled water makeup pressure
reducing station.
9. Install new piping to new 130ton chiller and outside air unit.
10. Run duct from new outside air unit to two existing outside air shafts that terminate at the roof level.
11. Run electrical and controls to chiller and outside air unit.
12. Insulate piping and ductwork for outside environment.
13. Perform startup on chiller and outside air equipment.
14. Treat chilled water system with closed-loop chemicals.
Page 2 of 5
Controls
Chiller Plant
1. One New Trane Air Cooled Chiller BACnet Interface with Tridium Graphics for Control & Monitoring of
performance & Alarms.
2. Supply & Return Sensors on the Chill Water.
3. Control of the Minimum Chill Water Valve Control.
4. Start Stop and Status of the Chill Water Pumps with VFDs
5. New Outside Air Temperature and Humidity Sensors.
Air Handlers
1. Install new control enclosures and power supplies for BACnet controllers.
2. Reuse existing multizone actuators (multizone only) and add to accommodate the additional new zone
dampers.
3. Provide new two-way chilled water valve on each air handler.
4. Install new gy savings reset.
5. Install new temperature sensors on two single zone unit.
6. Install new sensors on one existing chilled water fan coil unit located in finance. This unit is newer and is
not part of the replacement scope.
Outside Air Unit
1. Install DDC controller on new outside air unit.
2. Install chilled water control valve that will modulate by supply air temperature
3. Modulate SCR heat when require to maintain duct temperature.
4. Provide temperature control to maintain humidity and neutral fresh air to the building air handlers.
Work Station and Software
1. Jace N4 4 for the Network Controller.
2. Web Supervisor Software at Central Work Station.
3. Provide, install and configure all necessary software. Provide database programming, network
configuration, project management, commissioning, on-site engineering and verification of all devices
and equipment.
4. Includes startup labor, installation Operation & Maintenance Manuals.
Page 3 of 5
Summary
The goal of this project is to replace the 40 year- old aging air handlers with new replacement multizone and single
zone air handlers utilizing VFD and replace the 14year old air-cooled chillers which utilize phased-out R-22
refrigerant with ozone friendly R-410a. The project will be performed over several weekends as not to interrupt the
comfort of the City of Coppell employees. Every effort will be used to make sure the comfort is maintained, and
cleanliness of the building stays intact. All work will be scheduled through facilities and a schedule of work will be
provided. All work will come with a one-year workmanship warranty. Items that arise that are not part of the
to the attention of facilities.
Total Price for Labor and Materials (Excluding Sales Tax)-----------$748,660.00
* Net due upon receipt of invoice. Remit to P.O. Box 300008, Dallas, TX 75303-0008
Thank you very much for the opportunity to provide pricing for the work listed above. Please contact me at the
numbers listed below if you have any questions or need further information.
Respectfully submitted,
Bryan Strode | NTSG ______________________________________
Applied Systems/ Service Support /Chiller Retrofit Accepted by
____________________________________________
O: 972-888-9568 | F: 972-888-3418 | C: 972-322-3304
Date
T.E.A.M. - Together Everyone Achieves More
Clarifications
This proposal is based on performing work during and after normal working hours and at normal wage rates
paid by TDIndustries, Inc.
Price is based on the assumption that the structure is of sufficient strength that all piping, duct and equipment
can be supported from it.
Proposal is inclusive of all permits and inspections as required by local and state agencies. Where work is
being performed under a General Contractor, we will validate under Contractors Building Code permit.
All pricing is based on award of contract and work commence not later than 60 days from the date of this
proposal with pricing subject to review after 30 days from the date of proposal.
TDIndustries, Inc. assumes no responsibility for existing services / conditions, their quality and/or performance.
Existing valves must close and hold.
TDIndustries, Inc. assumes no responsibility for condition of utilities or parking lots/roadways above or below
grade.
TDIndustries disclaims any responsibility for incorrect data contained in the plan, specs and/or engineering
data.
Proposal is based on use of building elevators.
Page 4 of 5
LIMITED WARRANTY
1EQUIPMENT, GOODS, MATERIAL PURCHASED AND INSTALLED BY TDINDUSTRIES: TDIndustries, Inc. shall use its best efforts to obtain from each
manufacturer, in accordance with the manufacturer's warranty (copies of which will be furnished upon request) or customary practice, the repair or
replacement of equipment, goods, or material that are defective in material or workmanship. The foregoing shall constitute the exclusive remedy of the
customer and sole obligation of TDIndustries, In. THERE ARE NO WARRANTIES, EITHER WRITTEN OR ORAL, IMPLIED OR STATUTORY RELATING
TO THE EQUIPMENT, GOODS, OR MATERIAL, PROVIDED WHICH EXTEND BEYOND THAT DESCRIBED IN THIS PARAGRAPH. NO IMPLIED
STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY.
2
Workmanship - Repair Installation - TDIndustries, Inc. warrants its workmanship to be free from defects for a period of 12-months from the date of
completion of the above equipment, goods, and material. Sewer and Drain Cleaning - TDIndustries, Inc. warrants its workmanship for sewer and drain
cleaning for a period of 24 hours from the date of completion. Any foreign material retrieved from sewer or drain will discharge warranty and incur additional
costs for clearing stoppage.
This proposal is submitted for customer's consideration with the understanding that it must be approved by TDIndustries, Inc. after its acceptance by the
customer and is not binding upon TDIndustries, Inc. until so approved in writing.
Your acceptance of this proposal is expressly limited to the terms of this document. Any additional or different terms or conditions set forth in your
purchase order or in any similar such communication are hereby objected to by TDIndustries, Inc. and shall not be binding nor effective unless assented to in
writing by an authorized representative of TDIndustries, Inc. Any order or any statement of intent to proceed with installation or any direction to proceed with
installation or acceptance of this proposal or payment in full or part for any of the work or equipment furnished shall constitute customer's assent to the
terms and conditions of this proposal.
THIS PROPOSAL IS EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED OR REFERRED TO HEREIN, INCLUDING
THOSE CONTAINED IN ANY ATTACHMENT HERETO.
STANDARD TERMS AND CONDITIONS
THIS PROPOSAL IS EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED OR REFERRED TO HEREIN, INCLUDING
THOSE CONTAINED IN ANY ATTACHMENT HERETO.
1
TDIndustries, Inc. liability or any claim for loss or damage arising out of this contract or from the performance or breach thereof or connected with the
supplying of any labor, equipment, goods or material hereunder, or their sale, resale, operation or use, whether based on contract, warranty, tort (including
negligence) or other grounds, shall not exceed the price allowable to such labor, equipment, goods or material, or part there of involved in the claim.
TDIndustries, Inc. shall not, under any circumstances, be liable for any labor charges without the prior written consent of TDIndustries, Inc. TDIndustries, Inc.
shall not, in any event, be liable, whether as a result of breach of contract, warranty, tort (including negligence) or other grounds, for special, consequential,
incidental or penal damages including, but not limited to, loss of profits, revenues, loss of the product or any associated product, cost of capital, cost of
substitute products, facilities or services, downtime costs or claims of the Customer for such damages. If TDIndustries, Inc. furnishes Customer with
advice or other assistance which concerns labor, equipment, goods, or material furnished hereunder, or any systems or equipment in which of such
equipment, goods, or material may be installed, and which is not pursuant to this contract, the furnishing of such advice or assistance will not subject
TDIndustries, Inc. to any liability, whether based on contract, warranty, tort (including negligence) or other grounds.
2
If TDIndustries, Inc. encounters asbestos, polychlorinated Biphenyl (PCB) or other hazardous substances on the site, TDIndustries, Inc. will stop work and
report the condition to the owner or owners' representative. TDIndustries, Inc. will not resume work in the affected area until the asbestos, PCB's or other
hazardous substances have been removed or otherwise controlled so that it does not pose a health or safety threat.
3
Any installation dates given in advance are estimated. Installation will be subject to prior orders with TDIndustries, Inc. TDIndustries, Inc. shall not be liable
for failure to perform or delay in performance hereunder resulting from fire, labor difficulties, delays in usual sources of supply, major changes in economic
conditions, or, without limitation by the foregoing, any cause beyond TDIndustries, Inc. reasonable control.
4
On arrival of any equipment, goods and material at the shipping address specified on the reverse side hereof, Customer shall assume all risk or loss or
damage to such equipment, goods, or material.
5
In the event Customer requires TDIndustries, Inc. to delay shipment or completion of the work under this proposal, payment pursuant to this proposal shall
not be withheld or delayed on such account. TDIndustries, Inc. shall have the right to deliver any portion of the equipment, goods or material to be furnished
hereunder and to bill Customer therefore, and Customer agrees to pay for the same in accordance with terms of the payment hereof upon notification that
such shipment is ready for delivery, notwithstanding the fact that Customer may be unable to receive or provide suitable storage space for any such partial
delivery. In such event, such portion of the equipment, TDIndustries, Inc. may store goods or material ready for shipment at Customer's risk and expense.
6
The amount of any past, present or future occupation, sales, use, service, excise or other similar tax which TDIndustries, Inc. shall be liable for, either on its
own behalf or on behalf of Customer, or otherwise, with respect to any equipment, goods, material or service covered by this proposal, shall be in addition to
the prices set forth herein and shall be paid by Customer.
7
If the equipment, goods or material furnished hereunder requires the use of water or steam, recirculated or otherwise, TDIndustries, Inc. shall not be liable for
the effect of its physical or chemical properties upon said equipment, goods or material.
8
All skilled or common labor which may be furnished by the Customer shall be considered and treated as Customer's own employees, and Customer agrees
to fully protect and indemnify TDIndustries, Inc. against all claims for accidents or injuries to such employees in the course of the work, or to any person or
persons through the negligence of such employees.
9
No oral representations are binding upon TDIndustries, Inc. unless reduced to writing and signed by an authorized representative of TDIndustries, Inc. All
changes to this contract must be in writing.
Revised 05-09-2008
TDIndustries, Ltd. 13850 Diplomat Drive, Dallas, Texas 75234 - 972-888-9370, Fax #972-888-9520
License # A/C - TACL-A26339C, Plumbing - Larry Bartlett M-16723, and Electrical - 3273
Page 5 of 5
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