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CP 2020-07-14
T rrL City of Coppell, Texas FFEL Meeting Agenda City Council Tuesday, July 14, 2020 5:30 PM KAREN HUNT MARK HILL Mayor Mayor Pro Tem CLIFF LONG GARY RODEN Place 1 Place 4 BRIANNA HINOJOSA-SMITH NANCY YINGLING Place 2 Place 5 WES MAYS BIJU MATHEW Place 3 Place 6 MIKE LAND City Manager 255 E. Parkway Boulevard Coppell, Texas 75019-9478 As authorized by Section 418.016(e) of the Texas Government Code, on March 16, 2020, Governor Greg Abbott suspended various provisions that require government officials and members of the public to be physically present at a specified meeting location. The following requirements have been suspended by the governor: Council Chambers 1. A quorum of the city council need not be present at one physical location. Id. § 551.127(b). 2. In light of (1), above, the meeting notice need not specify where the quorum of the city council will be physically present and the intent to have a quorum present. Id. § 551.127(e). 3. In light of (1) above, the meeting held by videoconference call is not required to be open to the public at a location where council is present. Id. § 551.127(f). 4. The audio and video are not required to meet minimum standards established by Texas Department of Information Resources (DIR) rules, the video doesn't have to be sufficient that a member of the public can observe the demeanor of the participants, the members faces don't have to be clearly visible at all times, and the meeting can continue even if a connection is lost, so long as a quorum is still present. Id. § 551.127(a-3); (h); (i); Q). City of Coppell, Texas Page 1 Printed on 7/13/2020 City Council Meeting Agenda July 14, 2020 Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 E. Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. As authorized by Section 551.127, of the Texas Government Code, one or more Councilmembers or employees may attend this meeting remotely using videoconferencing technology. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: Call to Order 2. Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.071, Texas Government Code - Consultation with City Attorney. Seek legal advice from City Attorney regarding off -premise sign ordinance. 3. Work Session (Open to the Public) 1st Floor Conference Room A. Discussion regarding agenda items. B. Presentation by Kelle Balch regarding the Texas Power Switch Auction Results. C. Discussion related to ordinances regulating parking on public roadways. D. Discussion regarding backyard chicken ordinance. Attachments: On Street Parking Memo.pdf Backyard Chickens Memo.pdf Regular Session 4. 5. 6. 7. Invocation 7:30 p.m. Pledge of Allegiance Citizens' Appearance Presentation by Republic Services. City of Coppell, Texas Page 2 Printed on 7113/2020 City Council Meeting Agenda July 14, 2020 Attachments: Republic Services Contract Update.pdf 8. Consent Agenda A. Consider approval of the minutes: June 9, 2020. Attachments: CM 2020-06-09.pdf B. Consider approval of an Ordinance amending Article 8-3, Parking, Section 8-3-1(A) of the Code of Ordinances by adding a subsection to make it unlawful to stop, stand, or park a vehicle, at all times, on portions of Ruby Road; and authorizing the Mayor to sign. Attachments: No Parking ORD Memo.pdf No Parking Exhibit Ruby Road.pdf No Parking ORD Ruby Road.pdf C. Consider approval of a change order to USIC Locating Services, LLC, in the amount of $35,000; provided for in the Water/Sewer Fund; and authorizing the City Manager to sign any necessary documents. Attachments: USIC Change Order Memo.pdf USIC Contract.pdf D. Consider approval to enter into a contract with Gupta and Associates, Inc.; for the design of a standby generator at the Village Parkway Pump Station; in the amount of $175,500.00; as provided for in the 2018 Bond Issue; and authorizing the City Manager to sign any necessary documents. Attachments: VP Generator Memo.pdf VP Generator Scope and Proposal.pdf End of Consent Agenda 9. CONTINUED PUBLIC HEARING: Consider approval of PD -302 -HC, (DFW Office), a zoning change request from PD -272R4 -LI and HC to PD -302 -HC (Planned Development -302 -Highway Commercial), to approve a Detail Site Plan for a 54,400 -square -foot office building, on 4.81 acres of land, located at the southeast corner of SH 121 and Northwestern Drive, at the request of Halff Associates, Inc. Attachments: City Council Withdrawal Memo.pdf 10. PUBLIC HEARING: Consider approval of PD -303-H, RVIS Office Expansion, a zoning change request from H (Historic) to PD -303-H (Planned Development -303 -Historic), to approve a Detail Site Plan to allow for an approximate 1,782 square foot expansion and additional parking to an existing 1,548 square foot professional office on 0.65 acres of property located at 412 W Bethel Road, at the request of Tommy Watters, TWKW City of Coppell, Texas Page 3 Printed on 7113/2020 City Council Meeting Agenda July 14, 2020 Enterprises, being represented by John Valentine, Valentine Premier Construction. Attachments: City Council Memo.pdf Staff Report.pdf Site Plan.pdf Landscape Plan & Tree Survey (3 Pages).pdf Elevations.pdf 11. Consider approval of two Resolutions for two First Amendment to Tax Abatement Agreements by and between the City of Coppell and Northpoint Hotel Group, LLC; and authorizing the Mayor to sign. Attachments: First Amendment to Tax Abatement Memo.pdf Aloft - First Amendment to Tax Abatement Agreement.pdf Northpoint - First Amendment to Tax Abatement Agreement.pdf Holiday Inn Express - First Amendment to Tax Abatement Agreement.pdf First Amendment to Tax Abatement Agreement - Northpoint Hotel Group.pdf 12. Consider approval of two Resolutions for two First Amendment to Civic Center Agreements by and between the City of Coppell and Northpoint Hotel Group, LLC; and authorizing the Mayor to sign. Attachments: Northpoint Hotel Group - First Amendment Civic Center Agreement Memo.pdf Aloft - First Amendment to Civic Center Agreement - Resolution.pdf First Amendment to Civic Center Agreement -Northpoint Hotel Group - Aloft.pdf Holiday Inn - First Amendment to Civic Center Agreement - Resolution.pdf First Amendment - Northpoint Hotel Group - Holiday Inn.pdf 13. Consider approval of two Resolutions approving the City of Coppell's allocation of funds from the CARES Act for social services and local businesses; and authorizing the Mayor to sign. Attachments: Council Memo - CARES Act Social Services.pdf Resolution - Social Services Grant.pdf CARES Act Grant Funding 2020 Coppell.pdf CARES City Assumptions 6-2-20.1)df CARES City Spreadsheet-6-2-20.pdf Coppell YMCA Budget of Expenses 2020.pdf Council Memo - CARES Act Business Support.pdf Resolution - Business Assistance Grant.pdf 14. City Manager Reports - Project Updates and Future Agendas Report by the City Manager regarding COVID-19 virus response. City of Coppell, Texas Page 4 Printed on 7113/2020 City Council Meeting Agenda July 14, 2020 15. Mayor and Council Reports Report by the City Council on recent and upcoming events. 16. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 17. Necessary Action from Executive Session 18. Adjournment Karen Selbo Hunt, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 10th day of July, 2020, at Ashley Owens, Deputy City Secretary PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE AND OPEN CARRY LEGISLATION The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services seventy-two (72) hours — three (3) business days ahead of the scheduled program, service, and/or meeting. To make arrangements, contact Kori Allen, ADA Coordinator, or other designated official at (972) 462-0022, or (TDD 1 -800 -RELAY, TX 1-800-735-2989). Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly. City of Coppell, Texas Page 5 Printed on 7/13/2020 - — City of Coppell, Texas 255 E. Parkway Boulevard OPELr Coppell, Texas kJ 1fL 75019-9478 . --�- - File ID: 2020-5196 Version: 1 File Name: Exec 7/14/20 Master File Number: 2020-5196 Type: Agenda Item Reference: Status: Executive Session In Control: City Council File Created: 07/06/2020 Final Action: Title: Seek legal advice from City Attorney regarding off -premise sign ordinance. Notes: Sponsors: Attachments: Contact: Drafter: Related Files: History of Legislative File Agenda Date: 07/14/2020 Agenda Number: Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5196 Title Seek legal advice from City Attorney regarding off -premise sign ordinance. Summary City of Coppell, Texas Page 1 Printed on 7/1312020 — City of Coppell, Texas 255 E. Parkway Boulevard OPELr Coppell, Texas kJ 1fL 75019-9478 File ID: 2020-5179 Version: 1 File Name: Work Session Master File Number: 2020-5179 Type: Agenda Item Reference: Status: Work Session In Control: City Secretary File Created: 06/29/2020 Final Action: Title: A. Discussion regarding agenda items. B. Presentation by Kelle Balch regarding the Texas Power Switch Auction Results. C. Discussion related to ordinances regulating parking on public roadways. D. Discussion regarding backyard chicken ordinance. Notes: Sponsors: Attachments: On Street Parking Memo.pdf, Backyard Chickens Memo.pdf Contact: Drafter: Related Files: History of Legislative File Agenda Date: 07/14/2020 Agenda Number: Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5179 Title A. Discussion regarding agenda items. B. Presentation by Kelle Balch regarding the Texas Power Switch Auction Results. C. Discussion related to ordinances regulating parking on public roadways. D. Discussion regarding backyard chicken ordinance. Summary Fiscal Impact: City of Coppell, Texas Page 1 Printed on 7/1312020 Master Continued (2020-5179) Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live City of Coppell, Texas Page 2 Printed on 7/1312020 T H E • C I T Y • O F COPPELL R A s i s MEMORANDUM To: Mayor and City Council From: Danny Barton, Chief of Police Date: July 14, 2020 Reference: Discussion related to ordinances regulating parking on public roadways. Introduction: A review of the City's parking ordinances has revealed irregularities in definitions and times related to recreational vehicles and campers in the City of Coppell. Coppell City Ordinance Sec. 8-3-5 states: The vehicles named herein which do not have a common meaning or definition shall have the meaning ascribed to them in Article 6675a-1, Vernon's Annotated Civil Statutes. B. Parking prohibited on public streets in residential areas. Except as otherwise provided herein, it shall be unlawful for any person to park on any public street within any residential area of the city, for a period longer than two hours, any trailer, boat trailer, stock trailer, camper trailer, semitrailer, mobile home, truck tractor or bus. Coppell City Ordinance Sec 9-5-1 defines a "House Trailer" as any vehicle used or constructed to permit its use both as a conveyance upon the public streets and occupancy as a dwelling or sleeping place for one (1) or more persons, and shall include both self-propelled and non -self-propelled vehicles so designed or constructed. Sec. 9-2-5 A. - It shall be unlawful to park any house trailer on any public street or in any public park or place for a period in excess of 72 hours. Proposal: An ordinance update is recommended to differentiate the definitions of campers and house trailers. The ordinance update would also require a potential modified period of time that each or all vehicles would be allowed to park on public streets within a residential area the city. The following communities vary in the time allowed for these types of vehicles to park on public roadways within residential areas: Carrollton — 2 hours Lewisville — 4 hours Flower Mound — 24 hours Farmers Branch — 24 hours Allen — 24 hours Grapevine — 24 hours Corinth — 48 hours T M L - G I T Y - 4 F COFFELL ice`•` MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: July 14, 2020 Reference: Work Session Presentation related to Backyard Chickens 2030: Special Place to Live, Sustainable City Government, Community Enrichment & Wellness Introduction: At the May 26th City Council Meeting, Rebecca Visconti made a Citizen's Presentation related to Backyard Chickens. In her presentation, she described the value and benefits of raising chickens and what surrounding communities are allowing/requiring. Council asked staff to follow up with a workshop presentation related to the current Ordinance requirements, the history of the Ordinance and to provide more detail related to the surrounding cities' ordinances. Current Coppell Zoning Ordinance Requirements: Chickens are only permitted in the Agriculture District, but no nearer than 100' from any property line. The ordinance reads: All general and special agricultural, farming, ranching, stables, stock and poultry raising, dairy, and other related uses so long as same do not cause a hazard to health by reason of unsanitary conditions; and not offensive by reason of odors, dust, fumes, noise or vibration; and are not otherwise detrimental to the public welfare; and in no cause shall poultry, fowl or swine be kept nearer than 100 feet from any property line. Chickens are expressly prohibited in all residential districts. The ordinance reads: The keeping of dogs, cats, and other normal household pets, put limited to four animals over six months old. No more than three large animals, specifically horses, cattle and sheep, can be maintained per acre of lot area. Swine and poultry are expressly prohibited. History: On February 3, 1964, W.T. Cozby signed the enclosure of chickens ordinance for the "Town of Coppell", so that chickens among other animals were required to be in enclosures. In 1979, the Zoning Ordinance allowed for farming in residential districts provided that no poultry was within 100' from a property line. 1 In 1983, the Zoning Ordinance was amended to "expressly prohibit swine and poultry" from the residential districts. Upon review of the minutes from the December 8, 1983 City Council Meeting adopting the ordinance, there was no documented discussion related to this change. Analysis: After reviewing the surrounding cities' ordinances, it appears as though the majority allow backyard chickens in single family residential districts, and typical regulations within a single family district limit the number of chickens, require some distance between the enclosure/coop and the property line and/or the neighboring residence or business and place restrictions on roosters. Summary of Surrounding Cities' Ordinances: City Permit Enclosure Max # of Roosters Other Required requirements Chickens Allowed Lewisville Yes if <1 acre, 25 feet from max. 6 if <1 acre & not allowed Single Family lots have adjacent residence & if max 5 per .25 acre if if <1 acre to be minimum 7,500 > 1 acre then min. 150 >1 acre square feet in size. Max. feet from adjacent # includes other animals residence (dogs, cats) & Not allowed in Duplex, TH or MF Districts Flower No Secure pen or enclosure Max of 4 - on lots up No - on lots Pigeons and peafowl Mound - not within 10 feet of to 1 acre less than one also allowed any property line acre Irving No Secure enclosure not 25 maximum on lots 1 rooster per No slaughter in public within 25 feet of any < 1 acre 6 hens view other dwelling Grapevine No coop or enclosure must no limit- but not Prohibited to emit have a minimum of 50 nuisance laws apply addressed offensive odors & feet of separation from (smell/runoff, etc) Droppings shall be any residence, office, removed from coops and school etc. other enclosures regularly Carrollton Yes Max 80 sq ft - Max 8 ft Max 6 with permit No No sales from residential tall. Cannot be within property & No slaughter 25 feet of any dwelling in public view or 5 feet of any property line Legal Review: During the 2019 Texas State legislative Session, we consulted with the City Attorney related to SB 86 (Hall) — Regulation of Raising Six or Fewer Chickens. The bill was introduced and would have placed limitations on municipalities and HOAs in regulating chickens on residential properties. It was amended to exclude the limitations on HOAs, but in the end was not approved. Bill Introduced at the 2019 Legislative Session (NOT APPROVED): SB 86 (Hall) — Regulation of Raising Six or Fewer Chickens: (1) a political subdivision may not impose a governmental requirement that prohibits an individual from raising or keeping six or fewer chickens in the boundaries of the political subdivision; and (2) a city may impose reasonable governmental requirements on the raising or keeping of poultry in the boundaries of the city that do not have the effect of prohibiting the raising or keeping of six or fewer chickens, including: (a) a limit on the number of chickens an individual may raise or keep in excess of six; (b) a prohibition on breeding poultry; (c) a prohibition on raising or keeping roosters; or (d) the minimum distance an individual must maintain between a chicken coop and a residential structure. Fiscal Impact: A permit could be required, and a fee introduced if the Ordinance is amended. Recommendation: Staff is asking for Council to provide direction on whether to pursue drafting Ordinance Amendments and holding necessary public hearings to allow for chickens in residential neighborhoods. City of Coppell, Texas COPELL --�- - File ID: 2020-5200 Version: 1 File Name: Republic Services Update Master File Number: 2020-5200 Type: Presentation Reference: Title: Presentation by Republic Services. Notes: Sponsors: Attachments: Republic Services Contract Update.pdf Contact: Drafter: Related Files: 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Presentations In Control: City Secretary File Created: 07/08/2020 Final Action: Agenda Date: 07/14/2020 Agenda Number: 7. Enactment Date: Enactment Number: Hearing Date: Effective Date: History of Legislative File Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5200 Title Presentation by Republic Services. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment City of Coppell, Texas Page 1 Printed on 7/1312020 Master Continued (2020-5200) Sense of Community Special Place to Live City of Coppell, Texas Page 2 Printed on 7/1312020 T H E- C I T Y - O F MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: July 14, 2020 Reference: Discussion regarding the City of Coppell expiring solid waste contract. 2030: Community Wellness & Enrichment General Information: • Solid Waste Contract Update. Introduction: The current Solid Waste Contract between the City of the Coppell and Republic Services will expire on October 31, 2021. Jeri Harwell, Republic Services Manager will update the council on the status of the current contract and any proposed changes. Analysis: N/A Legal Review: N/A Fiscal Impact: No fiscal impact will result from this item. Recommendation: No council action is required on this item. - — City of Coppell, Texas 255 E. Parkway Boulevard OPELr Coppell, Texas kJ 1fL 75019-9478 . --�- - File ID: 2020-5178 Version: 1 File Name: Minutes Master File Number: 2020-5178 Type: Agenda Item Reference: Title: Consider approval of the minutes: June 9, 2020. Notes: Sponsors: Attachments: CM 2020-06-09.pdf Contact: Drafter: Related Files: Status: Consent Agenda In Control: City Secretary File Created: 06/29/2020 Final Action: Agenda Date: 07/14/2020 Agenda Number: A. Enactment Date: Enactment Number: Hearing Date: Effective Date: History of Legislative File Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5178 Title Consider approval of the minutes: June 9, 2020. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Goal Icon: Sustainable City Government Business Prosperity City of Coppell, Texas Page 1 Printed on 7/1312020 Master Continued (2020-5178) Community Wellness and Enrichment Sense of Community Special Place to Live City of Coppell, Texas Page 2 Printed on 7/1312020 FFELL Tuesday, June 9, 2020 1 2. City of Coppell, Texas Minutes City Council 5:30 PM KAREN HUNT MARK HILL Mayor Mayor Pro Tem CLIFF LONG GARY RODEN Place 1 Place 4 BRIANNA HINOJOSA-SMITH NANCY YINGLING Place 2 Place 5 WES MAYS BIJU MATHEW Place 3 Place 6 MIKE LAND City Manager 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers Present 7 - Karen Hunt;Cliff Long;Wes Mays;Gary Roden;Nancy Yingling;Biju Mathew and Mark Hill Absent 1 - Brianna Hinojosa-Smith Also present were City Manager Mike Land, Deputy City Secretary Ashley Owens, and City Attorney Robert Hager. Deputy City Managers Vicki Chiavetta and Traci Leach were in attendance virtually. The City Council of the City of Coppell met in Regular Session on Tuesday, June 9, 2020 at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Call to Order As a result of recent Declarations of Emergency made by Dallas County and the City of Coppell in regards to the current pandemic, Governor Abbott has permitted for governing bodies to meet remotely and to conduct open meetings virtually. Mayor Karen Hunt called the meeting to order, determined that a quorum was present and convened into the Executive Session at 5:37 p.m. Executive Session (Closed to the Public) 1st Floor Conference Room City of Coppell, Texas Page 1 City Council Minutes June 9, 2020 Section 551.089, Texas Government Code - Deliberation regarding Security Devices or Security Audits. Discussion regarding internal security audit. Discussed under Executive Session 3. Work Session (Open to the Public) Council Chambers Mayor Karen Hunt adjourned the Executive Session at 6:16 p.m. and convened into the Work Session at 6:21 p.m. A. Discussion regarding agenda items. B. Discussion regarding on -street parking for certain vehicles in residential areas. C. Presentation regarding CARES Act Funding. D. Workforce Transit Update. E. DART Silver Line Rail Update. F. Special Events Update. G. Allies in Community Update and Upcoming Events. Presented in Work Session Items F and G were presented under City Manager Reports. Regular Session Mayor Hunt adjourned the Work Session at 7:34 p.m. and reconvened into the Regular Session at 7:42 p.m. 4. Invocation 7:30 p.m. Councilmember Wes Mays gave the Invocation. 5. Pledge of Allegiance Mayor Hunt and the City Council led those present in the Pledge of Allegiance. At this time, Mayor Hunt invited Police Chief Danny Barton to join the meeting virtually to discuss Police Department policies. Mayor Hunt and several councilmembers shared statements about the ongoing issues being experienced throughout the nation. Mayor Hunt gave a report on upcoming events: Early Voting for the Primary Runoff Election will be held Monday, June 29th through Friday, July 10th, with holiday exceptions. Election Day for the Primary Runoff is July 14th. The last day to register to vote in this election is June 15th. Registered voters can vote early at any polling location within their respective county. Please note: Dallas County only has a democratic runoff election, City of Coppell, Texas Page 2 City Council Minutes June 9, 2020 while Denton County has a runoff in both parties. Please be aware that registered voters must vote only in the party runoff that they participated in on March 3rd. Please see the city's website for more dates and times at www.coppelltx.gov. 6. Citizens' Appearance Mayor Hunt asked for those who signed up to speak: 1) Lydia Goulas, 905 Crestview Drive, sent an email regarding DART Silver Line wall betterments. The email was read into the record. 2) Janak Mehta, 921 Crestview Drive, sent an email regarding the DART wall extension for Crestview Drive. The email was read into the record. 7. Consent Agenda A. Consider approval of the minutes: May 26, 2020. A motion was made by Councilmember Wes Mays, seconded by Councilmember Cliff Long, that Consent Agenda Items A, B, D, and E be approved, and Item C be approved as amended. The motion passed by an unanimous vote. B. PUBLIC HEARING: Consider approval of PD -221 R3R4-HC, (Hilton Garden Inn), a zoning change request from PD -221 R3R3-HC to PD -221 R3R4-HC, to approve a Detail Site Plan for a five story, approximately 77,500 square -foot hotel on 2.657 acre of land located between Point West Boulevard and S. Belt Line Road, north of 1-635, at the request of Jones Carter. A motion was made by Councilmember Wes Mays, seconded by Councilmember Cliff Long, that Consent Agenda Items A, B, D, and E be approved, and Item C be approved as amended. The motion passed by an unanimous vote. Enactment No: OR 91500-A-754 C. Consider approval of contracts for the Presiding Municipal Judge and Alternate Municipal Judges; and authorizing the City Manager to sign. A motion was made by Councilmember Wes Mays, seconded by Councilmember Cliff Long, that Consent Agenda Items A, B, D, and E be approved, and Item C be approved as amended. The motion passed by an unanimous vote. D. Consider approval of a Resolution adopting the Dallas County Hazard Mitigation Action Plan Update in compliance with the Federal Emergency Management Administration (FEMA) Hazard Mitigation Action Plan requirements; and authorizing the Mayor to sign. A motion was made by Councilmember Wes Mays, seconded by Councilmember Cliff Long, that Consent Agenda Items A, B, D, and E be City of Coppell, Texas Page 3 City Council Minutes June 9, 2020 approved, and Item C be approved as amended. The motion passed by an unanimous vote. Enactment No: RE 2020-0609.1 E. Consider approval of an Interlocal Agreement between the Denton County Commissioners Court and the City of Coppell for the administration and distribution of a portion of Denton County's CARES Act funds in accordance with the Guidance from the United States Treasury Department; and authorizing the Mayor to sign. A motion was made by Councilmember Wes Mays, seconded by Councilmember Cliff Long, that Consent Agenda Items A, B, D, and E be approved, and Item C be approved as amended. The motion passed by an unanimous vote. End of Consent Agenda 8. PUBLIC HEARING: Consider approval of an Ordinance of the City of Coppell, Texas, readopting, ratifying, republishing and extending Chapter 9 of the Code of Ordinances, Article 9-19, Youth Camp Programs Standards of Care; and authorizing the Mayor to sign. Presentation: Rachel Hardeman, Recreation Coordinator, made a presentation to the City Council. Mayor Hunt advised that no one signed up to speak in the Public Hearing. A motion was made by Councilmember Nancy Yingling, seconded by Councilmember Biju Mathew, to close the Public Hearing and approve this Agenda Item. The motion passed by an unanimous vote. Enactment No: OR 2020-1538 9. Consider adoption of a Resolution directing publication of notice of intention to issue certificates of obligation; and authorizing the Mayor to sign. Presentation: Kim Tiehen, Assistant Director of Finance, made a presentation to the City Council. A motion was made by Councilmember Cliff Long, seconded by Mayor Pro Tem Mark Hill, to approve this Agenda Item. The motion passed by an unanimous vote. Enactment No: RE 2020-0609.2 10. Consider a Resolution extending a Mayoral Declaration of a State of Emergency as a result of the COVID-19 virus; and, providing for interim public safety measures; and providing an effective date; and authorizing the Mayor to sign. Presentation: Mike Land, City Manager, made a presentation to the City City of Coppell, Texas Page 4 City Council Minutes June 9, 2020 Council. A motion was made by Mayor Pro Tem Mark Hill, seconded by Councilmember Gary Roden, to approve this Agenda Item. The motion passed by an unanimous vote. Enactment No: RE 2020-0609.3 12. City Manager Reports - Project Updates and Future Agendas Report by the City Manager regarding COVID-19 virus response. Community Engagement Manager Tiffany Anderson gave a Special Events update. Deputy City Manager Vicki Chiavetta gave an update on the Allies in Community. City Manager Mike Land gave a report on ongoing construction and other projects around the city: Parkway Boulevard is complete and Freeport Parkway will be done in July. The bid process for Airline Road will begin in August. According to CDC updated guidelines, playgrounds will be open on June 15th. The outdoor pool at The CORE is opening July 1st. The Library will reopen on June 15th. 13. Mayor and Council Reports Report by the City Council on recent and upcoming events. Please see Item 5. 14. Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. A. Report on North Central Texas Council of Governments - Councilmember Wes Mays B. Report on North Texas Commission - Councilmember Nancy Yingling C. Report on Historical Society - Councilmember Cliff Long Councilmember Wes Mays reported that the North Central Texas Council of Governments is currently closed. All scheduled meetings are being held via Zoom. The Annual General Assembly has been moved to September 18, 2020. Councilmember Nancy Yingling reported that the North Texas Commission is bringing mayors together to talk economic recovery and develop racial equality programming. The selection committee will meet to select Class 12 Leadership North Texas members. City of Coppell, Texas Page 5 City Council Minutes June 9, 2020 Councilmember Cliff Long reported that the Historical Society are not meeting in June, July, or August. No tours of the Heritage House will be planned until further notice. Pioneer Days will potentially be held in October. The Wilson House upgrades are moving along. 15. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. Nothing to report. 16. Necessary Action from Executive Session 17. Adjournment There was no action resulting from Executive Session. There being no further business before the City Council, the meeting was adjourned at 9:15 p.m. Karen Selbo Hunt, Mayor ATTEST: Ashley Owens, Deputy City Secretary City of Coppell, Texas Page 6 — City of Coppell, Texas 255 E. Parkway Boulevard OPELr Coppell, Texas kJ 1fL 75019-9478 File ID: 2020-5187 Version: 1 File Name: Ruby Road Parking ORD Master File Number: 2020-5187 Type: Agenda Item Reference: Status: Consent Agenda In Control: Engineering File Created: 07/01/2020 Final Action: Title: Consider approval of an Ordinance amending Article 8-3, Parking, Section 8-3-1(A) of the Code of Ordinances by adding a subsection to make it unlawful to stop, stand, or park a vehicle, at all times, on portions of Ruby Road; and authorizing the Mayor to sign. Notes: Sponsors: Attachments: No Parking ORD Memo.pdf, No Parking Exhibit Ruby Road.pdf, No Parking ORD Ruby Road.pdf Contact: Drafter: Related Files: History of Legislative File Agenda Date: 07/14/2020 Agenda Number: B. Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5187 Title Consider approval of an Ordinance amending Article 8-3, Parking, Section 8-3-1(A) of the Code of Ordinances by adding a subsection to make it unlawful to stop, stand, or park a vehicle, at all times, on portions of Ruby Road; and authorizing the Mayor to sign. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: The Public Works Department recommends approval. City of Coppell, Texas Page 1 Printed on 7/1312020 Master Continued (2020-5187) Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live City of Coppell, Texas Page 2 Printed on 7/1312020 T H E • C I T Y • O F COPPELL F 8 A B-1 , s e MEMORANDUM To: Mayor and City Council From: Mike Garza, P.E., Assistant Director of Public Works Kent Collins P.E., Director of Public Works Date: Julyl4, 2020 Reference: Ordinance for No Parking on sections of Ruby Road General Information: • This ordinance is presented to establish a no parking area on Ruby Road at the request of several residents. Introduction: This agenda item is being presented for approval of an ordinance amending Article 8-3, Parking, Section 8-3-1(A) of the Code of Ordinances to make it unlawful to stop, stand, or park a vehicle, at all times, on the northside of Ruby Road 100 feet east and west of the two private driveways to Oak Park Village mobile home park. Analysis: At the request of several residents at the Oak Park Village mobile home park, this ordinance amendment is presented to establish a 100 foot no parking area on both sides of the two private driveways. Vehicles park on both sides of the driveways blocking the visibility of cars pulling out onto Ruby Road. Legal Review: The ordinance has been reviewed by the City Attorney. Fiscal Impact: The signs will be installed by the Traffic Division, as budgeted under Traffic Control. Recommendation: The Public Works Department recommends approval of this ordinance. 1 F Lim t aYIv- �! � ray _ u '-z S a n d y L a k e R d _ r�fi� LS � ray _ u '-z S a n d y L a k e R d '� » � :,.�; ■ �;- ��,' � mer ,r. - ..3••;•.. IRI jm ?/ate,-,wlv���Iwil�l Adp m 33* (, R R MO MC _ N 0 75 150 Proposed No Parking zone Feet i inch = 150 feet loo` No Parking Zone On East Side Of Driveway d Approx. 34o' No Parking Zone]. r R Between Driveways PROPOSED NO PARKING ZONES RUBY ROAD COPPELL Created: July wzn by Kevin H ( rea led in A-6 IS Pro 2.5.1 I AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 8 `TRAFFIC REGULATIONS', ARTICLE 8-3 "PARKING", SECTION 8-3-1 `NO PARKING ON SPECIFIC STREETS AND IN CERTAIN SCHOOL ZONES/SCHOOL AREAS', SUBSECTION A OF THE CODE OF ORDINANCES BY MAKING IT UNLAWFUL TO STOP, STAND, OR PARK A VEHICLE AT ALL TIMES ON THE NORTH SIDE RUBY ROAD; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 8 "Traffic Regulations", Article 8-3 "Parking", Section 8-3-1, "No parking on specific streets and in certain school zones/school areas", Subsection A of the Code of Ordinances be, and the same is hereby, amended to provide for no parking zone on various roads to read as follows: "CHAPTER 8 — TRAFFIC REGULATIONS ARTICLE 8-3. — PARKING Sec. 8-3-1 No Parking On Specific Streets & In Certain School Zones/School Areas A. No parking on specific streets. It shall be unlawful for any person to stop, stand or park a vehicle at any time in violation of any official sign, curb marking, or street marking that prohibits, regulates, or restricts the stopping, standing or parking of a vehicle at the times designated for the following street: Airline Drive ..... Royal Lane ..... TM 116576 Ruby Road on the north side beginning 725 feet westward from its intersection with S. Coppell and terminating 1330 feet westward from its point of beginning. Sandy Knoll Drive ..... SECTION 2. The traffic engineer shall erect official signs, curb markings, or street markings giving notice that parking, stopping or standing of vehicles is prohibited at the locations designated herein. SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and each and every day such violation is continued shall be deemed to constitute a separate offense. 2 TM 116576 SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of 2020. ATTEST: APPROVED: KAREN SELBO HUNT, MAYOR CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY TM 116576 — City of Coppell, Texas 255 E. Parkway Boulevard OPELr Coppell, Texas kJ 1fL 75019-9478 File ID: 2020-5188 Version: 1 File Name: USIC CO#1 Master File Number: 2020-5188 Type: Agenda Item Reference: Status: Consent Agenda In Control: Engineering File Created: 07/01/2020 Final Action: Title: Consider approval of a change order to USIC Locating Services, LLC, in the amount of $35,000; provided for in the Water/Sewer Fund; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Attachments: USIC Change Order Memo.pdf, USIC Contract.pdf Contact: Drafter: Related Files: History of Legislative File Agenda Date: 07/14/2020 Agenda Number: C. Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5188 Title Consider approval of a change order to USIC Locating Services, LLC, in the amount of $35,000; provided for in the Water/Sewer Fund; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: Funds will be provided by the Water and Sewer Fund Retained Earnings for this change order. Staff Recommendation: The Public Works Department recommends approval. City of Coppell, Texas Page 1 Printed on 7/1312020 Master Continued (2020-5188) Goal Icon: Sustainable City Government City of Coppell, Texas Page 2 Printed on 7/1312020 T H E • C I T Y • O F COPPELL F 8 A B,1 , s e MEMORANDUM To: Mayor and City Council From: Mike Garza, P.E., Assistant Director of Public Works Kent Collins, P.E., Director of Public Works Date: July 14, 2020 Reference: USIC Change Order (Utility Line Locating Service) General Information: • USIC was awarded utility line locating service in 2018. • This contract will go over 25% of original contract, which requires Council approval. • The original contract was awarded by council for $65,000. • This change order is for an additional $35,000. • Funds provided through the Water/Sewer Fund. Introduction: This agenda item is being presented for approval of a Change Order with USIC, LLC., for the utility line locating contract in the amount of $35,000.00. Analysis: This contract was originally bid in 2018 as an annual renewable contract. USIC was the low bidder and began this contract in summer of 2018. This year the city awarded a contract of $65,000.00. Prior to hiring USIC, city staff would locate city utilities when they were called in. This became an everyday, multiple time a day occurrence, which would take staff away from being able to perform efficiently. State law requires that anytime someone is going to dig, they need to call the state one -call number (811) to locate cable, gas, electric fiber, etc., and call the City's Public Works department to locate water, sewer, storm and fiber. This is required so that the buried utilities can be identified and marked prior to anybody digging. Most times contractors, homeowners etc. would only call the state number and not the city for locates, which could cause damage to the city's utilities. The city decided to include our utilities (water, sewer, storm, fiber) to the states one call system. This would allow a consultant to locate city utilities when they were called in to the states one call system. The cost of the service is on a per ticket basis, which means when someone calls the 811 number for locates and if the area requested falls within our geographical right of way area, that is considered a ticket. Based on past locate volume, a certain number of tickets was estimated for the year which was about $65,000.00. That original estimate and contract has been exceeded and will go over 25% of the original amount, which requires council approval. Based on the average number of tickets per month staff anticipates the need for an additional $35,000.00. Staff believes the increase in number of tickets is related to people performing more work at home while being quarantined. Legal Review: This Change Order did not require legal review. Fiscal Impact: This Change Order has a financial impact of $35,000.00 as provided by the Water/Sewer fund. Recommendation: The Public Works Department recommends approval of this change order. T 04 9 C I T PPELL CITY OF COPPELL, TEXAS STANDARD FORNI PURCHASE CONTRACT City of Coppell, Tv'sas 2MS Parkway Bookvard P.O. Bull 479 CoppelL Tgxaj 75019 this AVcti�tmi t5, nude by xW bk-r%rcn Ik Ctry of CoppeLL Texas, a bomt-c"k 00MI440" ($Wcuujtcf TV fored to as the 'BuNvr -I vo the hcrciruMa nAnked ScJWr, rtfcrtvd to as die *Stlkr,* for ft"W of *a Skx)&.MAIrTIAI5JuI0d Items 5pwried he-teittaffrr, and the tius-tr Lnd saner heady 05rcc*$ fOW*I: 'rel kr., (N, arne I India" AGIN [city. state, zkp] _".i75-7881 [Telephone] I&KRIPI-10IN—MUN U) This Contract is for the purchase by the City of Coppell, Tmas, of di►c goods. m4unials and item deurlbed, hereinafter as the "Goods" Of the subject of this ContrIct. ATW such Wtl- "Khlum2ts- acttssoncs, &-vices, and apparatus As may be considered an integral part of the Goods or m6cessary for the Ue, of sapplication, cq he Goods,, *b&eir or not spocified herein. Tjw Goods am morc vpmif"UY proper dmribcd as follows! icitEcK ONE "- Thus CoggWt is ti'"fixed pTj�e ` fixed quanw.y Conuact f0c the purcfrast 01 L'ie spcchtics ri UAM11i at the specificd price. Tine full quwtit) Of the (kKAs SII be delhvered to and rccci%T4 Ai the designated point or points of dclivcry no Isur than ttse date thpecificd herein bek+w. This data is a majcrial tura aid ccxtdition of this Caurwi and. in cocmeCIim wits the delivery date, upw is OM shall be of the essence m (Insert I)att of Delivery') This C tract is for a specific duration wherein the Setter will wppl?. furnish and deliver al the d+tsigrtatcd point or potnt3 of delivery the speclFwd C.M& in the quantflxa requested by Buyer At the time ofBuyer's order. The delivery d&Wsy shall be set fords in Buyer's ortfer- T1tis C�ontrttct hs not intended to be and *hall not be cues need as an exclusive requdvnwots e,0nU*Ct Tbis Contract is 1wri-exclusive and Buyer tray acquire my at all of its roquicttscnts for the specified Goods from Seller or any other source deemed appropriaot Dy Buyer. Updui the ccenclusitxi of the dudt:tioo of this Contract. Buyer may renew this aVreffwm for an additio"i period Of pertods equivs(oril to the pimary duration upon wading written notim 9f intent thereof within thirty (30) days pri" to the expitatiort of the last day of the: term of this Con(flW . 11W bed to stead the foregoing noht�e shall convrm this agreement into a "fixed price - fixed quanuty`' contract as dc4cribcd above- DURATION- From __aur est ��018._�.. ---- w _>l�x.3L�4LY LALmnmffM The puttwst thence of the Goods 01431 be that ccmtaaned io the Seller's bid stead sp'erifkatly trecepted in %Tttsug by Buyer. Sc#ter shall submit scparue ir"icc&, in duplicate, on each purchase other after each deUNTry. Inwices shell btdicau the ptrchasc order number and shall be kmizod_ A d:upy of the bili of *seting stimid be attached to the ja,t. &Wl 10 Coy of CoppelL Purct►w4 Departm 4 255 Parirwa) Boulevard, P.G. Boz 471, Coppell, Tomas 75019. p's:� tenth not be due until the Above is runiesits we submitted, until the Goods have beret received by Buyer. mid sand Btr►er has had sufficient opportw►ity to iaspwt VW cxcrcise its right to accept or reject. Sel9er shah keep the purchasing 4eparinicrit advised of wy changes m tkir remittance addresses. In oo event Lball Buyer be tesfx+rtscblc for mwmst of any *rind om any firads dine to Seller, and no term or pmviaioo ct0nt:icrcd im any Seller's Inv(ke shalt in an)` way modify, vary or alter the provisioru hereat. Buyer's oblig tion is peysible solely (torn funds svailabk for the purpose of the lxwchasc. Lack of ftaids shall mr der this contwl null and void shoes to the extaii funds ut ta+yt mailable, any dcliverod btx unp*A for 9006 +mill be rrr rr+cd to Seller by Buyer. Do am Wcludic federal excise Um state Of city sales tax. The City email firma it tax cxcmr. ccriifi ste if requirtxl. I I a U—r^N-] M UI K(AltidwC 160 OW i1UbJW 10 Ilk this t i�_ %trUl is M4JC 4andentcrC4 betWCCn LbC into W41 her folio% tnt ftWI14(`I%Al term' OW `Wttlom SELLER Tel PACKAGE GOODS-- Seller will P&CkW C'0046 53 4"4aocc *rth good commo"Cull I. FA�h Iduppling container "I be CkWIY 1111111111rigid land lic'"Weictilidy pocked in fl4lou— i4l SelWS VtKtKE Im purchaw release numbirt WW 6C Warne WA julijilrss, (b) Lonsigisec's name. oddifm c b%>% I of i ,uppi). ligWriscrii numbet If applicablc� jc) Conuind swebef aid WW murAw elifeimatuna j bites ted (4,jjjj,r nuInber at the container bewing the pWAW 111p Selki dWI 11011111! wit of Pock" urinal 111nWrImb" its Wild 10 callitirm odmvi&t provided floods sttalibelu0blYP4KkOdWOKWkawr+est„.,., BiitIlW.SC*Wor,"0"Ibe % j1h requircments of corwrion camen sod SAY app licabk IPW final and ;oncjjai*,e an shipmew not act nVOUCd by Mdattill b” 10 =*wind W ** allic Goo& Wilda 1 SIIIpMfNT UNDER RESERVATION PRMI11111110: Se"Wet reservation and no teada of a bill of Wilig; will 00 A rv-- 0 a "OdWr of 28MI& J. TITLE AND RISK OF LOSS: Tbc thk Will risk of km of the GOO& " so PW 40 due Buyer mod the Buvv actually mvelves. and Ujim po"Micin of the Goods id tin po" Or 00,01, of"dielin"" 4. DFLIVERV TERMS AND TRANSPORTATIO.N CHARGF-S, F-0 B. Dtigiguluiiicliia F"44vt PrcP*ld unless delivery terms We $11416W Wwwiw is the bid. Seller "I pay for the vitrupcWtittio" 01,4's -T OF DEFECTIVE TENDEJL Evtiq tl� W dclrm-Y a GOO& moo filly comply tbc lat. tf a talidw is mok WW does No rtACEMFN with all provision% of this conmKI &I to time Of dc"Y"y- Qua' lty"h&vc the r-40% to X66*40 & CMkintatiag Itok fully conform. this shalt cOU51141111111! a breach W Seller "I not Sidify Boyer tete Seller risky tender, pro%, i4ed, %A hcf c the time for periogmance has not ytt CxP area,in the comact um but aux afta*vrd. of his irAcntion to cure and may thin nuke a conforming tcrida -16 PLACE OF BELIVERY: The pla" of dclivvrY shall b" dial wii foclh on the V=hm* orda or in my odw -AT�itn deli tion by Buyer- The (ems or this agreement We No smvzl, No ask-" RtG"T OF INSPECTION: Buyer scall have ttw right to m4wt the goods at dc:'vvry before AccWtilliS thcril. REJECTION OF (;(ODS: it is ageed that if buyer rejecu any of rise goods sold pursuant to this a.reemenit, iju)cr,s only duty shall be to rt4u;onably notify Seller Of the 17*0011 uW bold the too;h for the disposition to res of required eill the rejected ellet. msd I( is agreed Oval under W circumstances shall Buyu be lood, or incur the cost io deliNcr same to Sclkl, 9. GRATUITIES; 11rc Buyer may, by written notice to the Seller, cancel this "U*3 With0lix liability 110 the Seller if it be determined by the Buyer that gratuiiim in the formof entelta Aawnt. gift., or otheirwin were offered orgiveri by the Seller, or any agent or representative of the Seller, to any offictir or anployve of City' orcoppen %jot view toward securtrig the contract of svomirig favorable treatment with mpon to Awarding isr maiding or tk making of any cictcrmitwion with respect to The performing Of such a Contract. In the c,,tnt this Contrw is canceled by Buyer pursuant 10 this provision. Buya shill lic entitled in &Wi6w to MY other rlt* and rcnxd ics. to recoverand withhold tSe amount of the costincuryvd by the Selk:r in providing such gratuttlel SPECIAL TOOLS AND TEST EQUIPMENT: If the price saved on the fact hereof uxhjdct the C09 Of any special tooling or any special test equipment fabricated or required by Sclkw for the purpose Of filling this order, such special tooling equipment and any prices sheets related thereto shall become tete property of the Buyer and to the extent feasible shall be vioulfW by, die Selki as such. WARRANTY - PRICE - a. The price to be paid by the Buyer shall be that co=ined 111 the Stlkl's bid which Seiler Warranu to be no higkr than Seller's current prices on orders for producu of tic kind and spcdfx covered by the agreement for similar quantities unida similar or like condiliOm land nwith0dit Of parchatie in the event Sclkw breaches this warranty, the prism of the iums shall be reduced to the bee t`s current pcytes un orders b) others. or in the ahernat"c, Ituyer "$ cancel this contract Without lt11bilaty fox breach AN 5911,0'11 actual t>rperisc b. i?yt Seller warrants that nen person or selltnt atetCy has bc-c n 9rnploy,d of rvtaantd to solicit cic tircuric this contract upon an rigctern9nt or ursdcrsta»d+rty', far cotnrtlrsswrr, t+ercmtage, h(ol0rag+r, or conttngcnt fee c1cWing bona Cale esublisbcd Lommercual or selling agetx►es rn""uted tyy dw th, purpow of securing busitsm. For breach of vxdatw" of this wananty, iiia I" et "I Seller (Or the trllht in addition to any other right or 11glus to canc,l this contraci wdhow Imbilit) to deduct lxom the contract price, err othcrw isc rtco vet the full & nuunt of such missm com� c, brokcrate or contingent fee i lied warrants and any attempt to I$, WARRANTY - I►f�O"CTS: Seller OWI not limit or exclu�c�7" N '�h rat a to lima. disclaim Of do so shah rc the contract voidable at the uptae of the BV)I b9 bcrrdlret Or warr'antitt. whether ref riitne". merctw"bil't} or o+l to h by Seller steal t:xcit�lc any w,ll conform m the 11peic% drarsmgs. and ctre tivc. Seller warrantaer that the Gtmds fum* Solar. if tiny. In the dvcnt of a dsstriptions listed in ttse bid tmitatioo and to the s+unple(t) fwmishdd by conflict between the sprecificationx drawtnt*. erect duos-hPt M,rye rpec f3uyon11 shell W`�' shah avn� to � � ski to lire BuyerIleatth Acr Of 1970 In the 13. SAFETY WARRANTY, Seller warrants the prod+Kt mita! Safety promulgated by the U_S. I)cpartrntttt of Labor sora!,, the t ?c the produce for cormcticm Or event that t1v products do rix conform to OSHA stands4 . Bugnor may return rim oxrWjon within a replacement at the Seller's expense- In the evcfit that Seller falls to make the aPProp reasioniable time, any correction rnade b`Y Thayer will be at Seller's exyenx. 1I. No WARRANTY BY BUYER AGAINST INFRINCLMIENT3: As part of this contract her sale. Seller e with iter 11paciftcativns ap#�d W this to maria whether goads manufaccured in accordant way of in}�get� or the lied. Bayo egretment will give tier to the rightful claim of any third w�c s�pociftcatitxsc will not gin titre h clsim, !Hakes n4 wtrrmnty that the product ion of goods according of infringement and in no event shall Buyer be liable to Seller in ,lye cs�ent that Sekkr is stied oa the Ltnttnds Bu er � this or the tike. If Scl ler is of the opinion that an infiingtnrcnt or the like will result, will 0 dY h s efkct in writing or the line. within two weeks after the signing of itis agrtctne Y notice and aclaim is asserted or Buyer is subsequently held liable for the infringerrneni� ton of the big, SCI Ig Wild itsdetnnitt, dcfcn,i and +ave Buyer hatmlcsa. If Seiler wgcod faith asp®ins ,lest pr in accordance with 11K spci:ifications will result in infrin,gcmeni or the like, this contract shall be null ant! void except that F+uycr will pay Seller the m%-vj abk cont of his search as to inftirrgtmeats_ IS C1►IyCEL.LhT'IN. Buyer slnalk hove the rhe to � ems cancel (Of dc(&Wl on all Oftof including wwarrants of Seller yr iff'tluy PW of the llSelkr ercj portion of this artier if Seilcr breaches any Of becomes insolvent or commits acts of bankruptcy- Such fight of cancellation is in add "ion to and not in lieu of any remedies which Buyer may have a11aw or equity, The Buyer may for any reason whatsoever tentslrta►c performance under Lhis Contract by the Seller for eo"enwwc at any time The Buyer shall give ,sauce of suite errrniriatiatt to the Scher specifying when termination becomes effcdiv�e. Gids mcived but unop�td or unused shall be made arxilalsle to SeUer for delivery. Buyer will, err the event of tcrrrrirtatiOn, remit weft sums to Seller its may be due only, for those goads retained by Buyer. 16. FORCE 1►+ AJ1EURE: if by reason of Force M$jcure, either party hereto shall be rendered unable wholly or in pan to curry out its obligation under the Agreement, then such party shall give notice and fail palticulart of Force Majeure in %4riiing to the other party within a reasonable time after the occurrence of the cut A or cause relied Wynn, and the obligaa.lOD of the party giving such notice, to far as is effected by such Forec Majeure, shall be susptrndrd during the continuance of the Inability ilytat cleimed, except as btxrxfbrr provided, but for no longer periods and grit pony "I endeavor to,suave or W-Kfcome such inabIb y with ail reasunabIt dispatch, Tltc term "Force Majeure" as employed b-crcin, shall mean "ofGod , awes, lockouts, or other industrial disturbance, act of public enemy, orders of any kind of government of the United states or Shite of Tem or any civil Or military au boritY, insurrectiotss, noes, epidemics, landslides, lightning„ fires' hurriciisscs. storms, floods. washouts, droughts. arrests, rtntraittis of government and people, civil dcssusiiarn:es, exp toaio+ns, breakage err accidents to machulay. pipelines. or eusals, or txlw cause, not rcasonabiy within control of the patty claiming such inability. It is understood and 119MOd that the settkment ra 0 iQ 0 21 IN LM 24. Z5. 0 of ♦hake+ orid kxko+urs shall he tntircl) within (tic daxtett.va of she Pvl' hat rag the dafficutay, and that the alwve regpttcnWnts that any t ortt Malcurc dull be remcdird wtth all r k dssp�ch stair rNotia the setticmrnts ti, strikes and lkxkorts by eacccdong, ki the dcmasasd1 of the tiara tr ix tcs when such soikmem ss unfavorable in the judgment all' the part) hating the difficulty ASSIGNMENT - DELEGATION: Nu tight or tnserctit to this ConUrar:t sheet be asci ted Of delegation of art) obligation maJv by Seller without the written perm sit* of the Buyaa. An attemp+tt^d as ,gtussmut or detegutcxt of Sa Iter t I lice whufl1 v°�atcl ersd tc�Ely meffwlt t fox ail pw� unless made in conf uy with thii Parraph MODIFICATIONS: 'Ihis contract cars be modified or r>%tndtd only to writing, Wad by bath Parties or their duly authoriacd agents. � dna inwbola or s0 part by a WAIVER, No claint or right arising out of a breech in c0eittlo can try Consideratiorn waiver or renuneiatuan of the claim or right sr qM the waiver or raatstitcitttian is } and is in vi -riling signed by the &Wkvtd party, as a fttaltapreassoa INTERPRETATION - PAROLE EVIDENCE: This wricift is usW4*d by the paarlws of thciratgteemet►t and is intended also as a complew and exclusive state of the tecta of d"�. trade shall be Rkvatnt 10 �p'PI�°t of No course of {mor dealings betucen the parties; and no usage of the explain any term used in this agreement- Acccp4arxe or acqu�ccnee in a cout'se Of P� ven thou9b the under this agreement shall not be tolerant to determine the mieauung of this ag i accepting or acquiescing party' has knowkdge of the perfomsanthe ee and putt the dtfmitla+ for abjcon a terra def ried by the t uniform Commercial Code is used in this � contained an the Code is to control. the APPLICABLE LAN`: This rn greemetshall be governed by the Uniform Ccatnm "' Codc. �L are r term "UnifMn Commercial Code" is stied, it shall be construed as meaning the Unif&m COmmercial Cock as adogW in the State of Texas as of cctive and in force on the date of this agreement. ding ADVERTISING: Seller shall not advertise or publish, withuut Buytr �orcoom� wwritten � the fact g for Buyer has enteral unto this contract, except to the extent twctsssry Prior ues infcrrmatiosn from int 31-11110n rd rcpmsentatirr of fcdmi, sate or local gmzrnmmt. RIGHT TO ASSURANCE: Whenever cmc parry to this contraa in good faith has reason to question the other ',s intent to perform he ray demand that the ocher Pam give written aruurance of de ��in ptr(onn. In the, event that a demand is made and no assumnct is given within five (3) daysUucnt to 8 pa,ty ma}' treat this failure as an anticipatory repudiation of the contract. PROHIBITION AGAINST PERSONAL tNTEREST IN CONTRAM: No officer or cmploycc shaft have a financial interest, direct or indir%d in any contract with the City, or be Ftiwwiaally interested, directly or iadirccl:k-, in the ask to the City of any hind, materials, supplies. or services, except on behalf of the City as an officer or employee- Any knowing and willful violation of this section shall constitute malfeasaA Ce in office. and any o fkcr or crnptoyet guilty thereof shall forfeit his office or position, Any violation orf this sWion with the knowledge, express or implied, of the person or corporation contracting with the governing body of the City shall render the contact involved voidable by the City Manager or the City Council. ENTIRE AGREEMENT: This Contract, and all Specifications and Addenda tuaached thereto, corxstitute the entire and exclusive agtamc�ml t bctwthe Buyer and Stites• with reference to the Goods. Sptclticatlly, but without limitation. this C+yttww superxdes any bid documents and all prior written or oral communication -4, rcpresentabons and negotiations, if any. between the Buyer and Seller not expresaly made a part hrsf. bNDf MNITY AND DISCLAIMER: BUYER SHALL NOT BE LIABLE OR RESPONSIBLE FOR, AND SHALL BE INDEMNIFIED, HELD HARMLESS AND RELEASED BY SELLER FROM AND AGAINST ANY AND ALI. SUM, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY CHARAC,T'ER, TYPE, OR DESCRIPTION. INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATI'ORTiM FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY OR LOSS TO ANY PROPERTY. RECEIVFD OR SUSTAINED BY ANY PERSON OR PERSONS, INCLUDING THE SEL.lER. OR PROPERTY, ARISING OUT OF, OR 00CASIONED BY, DIRECTLY 27. '231 29. 30. OR INDIRECTLY, THE. PERFORMANCE OF SELLER UNI)LR THIS CONTRACT. INCLUDING CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE Of BUYER. WITIJOUT, HOWE-VER. WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE To THE BUYER UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW- THE PROVISIONS OF THIS INDEMNIFICATION ARE SOLELY FOR THE BENEFIT oFTHE PARTIES HERETO AND NOT INTENDED TOCREATE OR GRANT ANY RIGHTS. CONTRACTUALOR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT -D BTHAT THE INDEMNITY PROVIDED FOR IN Y SELLER TO INDEMNIFY AND PROTU-T THIS CONTRACT IS AN INDEMNITY EXTEND E' AS WELL AS THE BUYER'S 13UYER FROM THE CONSEQUENCES OF T14E SELUR'S PARTIAL CAUSE Of ANY SUCH NEGLIGENCE. WHETHER SUCH NEGUGLNCE IS THE SOLE OR INJURY, DEATH, OR DAMAGE. by the laws of the State of Tcxw Venue for Afl' GOVERNING LAW: Ille Contra(( shall be gover=4 or the ()ood:s to be delivered hemfidcr csuscs of setion arising under the terms Of PrCVW003 of this Conte 9WI be in he courts of [,)alUs Co"ry, Texas. Ives, dxiT Mxcauom amips and legal SUCCESSORS AND ASSIGNS,' The Buyer and Seller bind tblem3c ves of such other rrprrsentalivcs to the other party hcrew and to successors, assigns and leo mpresolub shall not par[} in rcsp*.*Ct to covenants, agirectixnu and obligations containedin this COnt]1W4, 11x Seller assign this Conttut without written c0rimt Of the Buyer, I in the event that an) SEVERABILITY: The provisions ofthis CO'nuut at herein dec ilLrtd to be SCN'Mbk - term, provision or pan hereof is detemined to be invalid, void or unenforceable, ju6 dicteminAti011 ions and pw% and this Cuntfut $1011 not affect the validity or enforceability of the remaining terms, provs be read as if the invalid, void or unenforceable portion had not been imlided herein. NOTICES: All notices required by this Conti -act shall be presumed rectivod whm dgpositcd In the mail properly addressed to the other party at the addrem W forth herein or se forth in a written dcsignation of charge Of AdJFC53 delivered 10 all partite. EXECUTED thi:t 30th day of July 2018 SELLER: (Si ature) Darin Stalbaum, VP - Sales & Marketin iT-y�rird Name aid Titk/Patition) 9045 N. River Road, Suite 300 (AAiii a) Indianapolis, IN 46240 (City. Stan. Zip) m • PROTECTING INFRASTRUCTURE II Understanding and Aaaroach II USIC will be available 24x7x365 to receive and respond to 100% of the City's locate tickets from the Texas 811 (Lonestar) one call center. USIC will respond to 100% of the tickets received from the one call to determine if a conflict exists between your facility's and the proposed excavation. The management and servicing of a locate request is a fully automated process that provides immediate access to field personnel. This results in timely and accurate locating by designated Technicians. The request is initiated by the Texas One Call (Lonestar 811) service. Once a locate request is generated our wireless ticket management system accepts the request and records it for archival purposes. Within seconds of receipt, the locate request is routed automatically to the appropriate field Technician based on the geographic location for the excavation request. Upon receipt, the Technician sees a new request in their ticket list that is set- up with a status of new. The field Technician completes the ticket and updates the tickets status. When all work has been completed, including the uploading of digital photographs, the ticket status is changed to "closed" and any positive response requirements are sent to the One Call web based database. • This real-time visibility allows for load balancing and staff augmentation to ensure all requests are handled in a timely manner. The above process, and below diagram show how this process is conducted 24x7x365. C Invoices Processed One Call Request Key Features One Call Ticket Issued Paperless • Data archived Data Feeds Real-time updates Ticket Billing • Centrally managed Routed Positive Technician Response Sent Services Ticket USICLLC.com 9045 North River Road. Suite 300 1 Indianapolis. IN 46240 L r PROTECTING INFRASTRUCTURE Because of the efficient routing and workflow within our wireless ticket management system, time is not lost for the printing and/or distribution of locate requests. Once the work is completed, the back office billing system is automatically updated and accurate billing is generated from the work completed. The purpose of the USIC Locate Process is to standardize the way each technician performs their work in certain areas determined to impact quality, while providing a measure of flexibility. The USIC Locate Process acts as an instruction guide to our employees in the proper routine to perform a locate. The USIC Locate Process Stages cover every aspect of a locate and if practiced consistently, will prevent damage to our customer's facilities due to our error. This process has been validated and fully integrated into the training all new technicians receive. The stages are listed below: USIC Locate Process -Stage 1: Evaluate the Job - This stage ensures the technician is at the proper address, understands the ticket scope, refers to proper prints and records and does a thorough visual scan of the job site. • *Stage 2: Identify High -Profile Facilities - Stage 2 specifically addresses the identification of high profile facilities and directs the technician to use appropriate extra measures. -Stage 3: Prepare for the Locate - The tasks in stage 3 deal with properly setting up safety equipment, selecting correct tools to eliminate extra steps, and identification of the best access points. -Stage 4: Perform the Locate - Steps include direct connecting unless that method is not available, grounding and un -bonding properly, use of lowest power and frequency to produce a detectable signal, proper troubleshooting and applying paint and flags properly. -Stage 5: Verify and Document the Locate - Stage 5 covers review of prints and ticket scope to verify all facilities in conflict were located, proper billing and notations entered into the USIC ticket management system, attaching post locate photographs and restoring the job site to its original condition. USICLLC.com 1 9045 North River Road, Suite 300 1 Indianapolis, IN 46240 PROTECTING INFRASTRUCTURE Managing the Fundamentals of Locating Better Than Anyone Else One way to think about the basics of our business is to imagine a stool with four legs. This is how we look at the four fundamentals of locating. Each `leg' is as important as the other. If one is missing, then the entire system simply doesn't perform like it should. Every day, with every locate, we concentrate on making the four fundamentals work together flawlessly. As a result, we're more efficient—and you're better assured of both cost effectiveness and superior service. The four fundamentals are: 1. Safety Management: `Safety First' is one of the most critical fundamentals. Our Locators are continuously trained on new and better ways to be both safe and productive. The result: a strong record of safe performance, day in and day out. 2. Quality Assurance and Damage Protection: What does it take to be a leader in the locating industry? At the center is a commitment to quality and damage protection that is, quite simply, unprecedented. That's why we lead our industry in infrastructure protection, with as few as one is damage per 30,000 locates. 3. On-time Performance: Our goal is to be 100% on-time all day, every day. It is what you would expect from a professional locating company; and it is what we strive for on every locate. 4. Productivity: Through our density model (multiple customers at one job site mean the lowest total cost of infrastructure protection for you) we spend less time driving and more time locating. That makes everything we do on your behalf more efficient and cost effective. 1. Quality Assurance/Quality Control Plan • TicketPro (Ticket Management System): After our 2011 acquisition of Consolidated Utility Services (CUS), USIC owned and operated two proprietary ticket management systems that were designed for receiving and managing locating and marking tickets. Based on ease of use for field Technicians that deliver damage prevention services, USIC opted to utilize CUS's Ticket Rx ticket management system as our uniform system going forward. All USIC districts migrated to an enhanced version of Ticket Rx in early 2012. Now named TicketPro, USIC continues to develop ® our ticket management system and integrate it with other USIC technologies. Our proprietary USICLLC.com 9045 North River Road. Suite 300 I Indianapolis, IN 46240 u • • ImPROTECTING INFRASTRUCTURE ticket management system manages more underground utility locates than any other ticket management system in the United States. • Universal Photo Management (UPM): UPM is a proprietary USIC technology that automatically uploads and catalogs digital photographs after every ticket is serviced. This system makes time - date stamped photos available near real-time after field services are completed. UPM also monitors technician laptops to ensure that all software is up-to-date while monitoring for unauthorized software. This keeps USIC field technicians working in an efficient manner while streamlining the potentially confusing work of organizing hundreds of digital photographs taken daily to document a technician's work. • Customer Portal: USIC's web -based customer portal provides access to ticket data, damage investigation data, and various reports and documents. Customer portal pulls data from TicketPro and makes it available to customers through user friendly ticket search engines. Customer portal also pulls data from USIC's claims management system to provide data on damage investigations completed by USIC. Our "generate report" feature provides selectable portions of damage investigations and the applicable locate ticket that preceded the damage. This report, that directly compares post -locate photos to post -damage photos, is proving to be invaluable to customers in resolving underground utility damage responsibility. • GPS Logistics Tool: USIC monitors all field vehicles via GPS technology. This enables us to know the current location of every technician for safety and dispatching logistics. USIC also developed technology that compares GPS travel points to TicketPro data to validate that technicians operated in an efficient manner. Exception reporting enables USIC management to quickly identify rare cases of logistical and fleet abuse keeping our operations efficient and cost effective. USIC also monitors idling via our GPS technology. In 2010, USIC was able to reduce fuel consumption by 16%, a level that we have since maintained, through GPS monitoring and management. This was a significant environment and cost benefit. The next phase of USIC's GPS system is dynamic ticket routing, which is in final developmental phases. • Print Update Management Process (PUMP): PUMP is USIC's unique technology used to send customer print, record, or mapping information to multiple technicians seamlessly via air card access. We have the ability to accept one digital update record at our central office and then identify the applicable technicians in the appropriate service area that required the customer's information. PUMP compares the customer files stored on every applicable laptop to the new record. Every file that is new or change is updated and every change is tracked and auditable. We have the ability to push out updates quickly, which is a clear damage prevention benefit. The automated distribution avoids time spent manually updating laptops which is a significant operational efficiency. • Future Technology: Beyond the base technologies noted that are fully deployed, USIC is testing and developing a variety of future damage prevention technologies. More information is available if additional interest remains. USICLLC.corn 9045 North River Road, Suite 300 1 Indianapolis, IN 46240 • to PROTECTING INFRASTRUCTURE Locating and Marking during normal working hours $16.50 per ticket Tickets taking one hour or less to complete Locating and Marking during normal working hours $16.50 + $14 per quarter hour after 60 Tickets exceeding 1 hour minutes Locating and Marking Emergencies during normal $21.50 per ticket Working hours Locating and Marking After Hours Emergencies $26.50 per ticket Onsite Excavation Surveillance $14.00 per 1/4 hour Pricing Definitions Per One Call Ticket — All tickets received from State One Call. Each ticket granted 60 minutes of locating time. Project Rate — If locating the utility exceeds sixty minutes, the ticket will then be billed the proposed per '/a hour Project Rate starting after the first sixty minutes of locating time. After Hour Emergencies — This service will be for After Hour Emergency Tickets that are called in between the hours 5:00 P.M - 7:00 A.M, Monday - Friday and all day Saturday & Sunday including Holidays. The fee is a flat fee and total billed for this type of ticket will only be After Hour Emergencies fee identified above. NOTE: We do not charge for travel time. In addition to saving money on locating expense, the City of Coppell will experience the added value of using our Professional Damage Prevention Services. OUR VALUE PROPOSITION INCLUDES: Basic Economic Value Summary Risk Management Summary Advanced Technology Summary Professional Services Summary USICLLC.com 9045 North River Road, Suite 300 Indianapolis. IN 46240 — City of Coppell, Texas 255 E. Parkway Boulevard OPELr Coppell, Texas kJ 1fL 75019-9478 File ID: 2020-5189 Version: 1 File Name: VP Pump Station Generator Master File Number: 2020-5189 Type: Agenda Item Reference: Status: Consent Agenda In Control: Engineering File Created: 07/01/2020 Final Action: Title: Consider approval to enter into a contract with Gupta and Associates, Inc.; for the design of a standby generator at the Village Parkway Pump Station; in the amount of $175,500.00; as provided for in the 2018 Bond Issue; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Attachments: VP Generator Memo.pdf, VP Generator Scope and Proposal.pdf Contact: Drafter: Related Files: History of Legislative File Agenda Date: 07/14/2020 Agenda Number: D. Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5189 Title Consider approval to enter into a contract with Gupta and Associates, Inc.; for the design of a standby generator at the Village Parkway Pump Station; in the amount of $175,500.00; as provided for in the 2018 Bond Issue; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: Funds for the design contract will be provided by the 2018 Water/Sewer bond issue. Staff Recommendation: City of Coppell, Texas Page 1 Printed on 7/1312020 Master Continued (2020-5189) The Public Works Department recommends approval. Goal Icon: Sustainable City Government City of Coppell, Texas Page 2 Printed on 7/1312020 T H E • C I T Y • O F COPPELL F 8 A B,1 , s e MEMORANDUM To: Mayor and City Council From: Mike Garza, P.E., Assistant Director of Public Works Kent Collins, P.E., Director of Public Works Date: July 14, 2020 Reference: Design Contract for a standby generator at Village Parkway Pump Station General: • This contract is for design and construction phase support services only. The award of a construction contract will be presented for approval in a future meeting after design is complete. • Design cost is $175,500.00 and the estimated construction cost is approximately $2,200,000. Introduction: This agenda item is being presented for approval to enter into a design contract with Gupta & Associates, Inc. in the amount of $175,500.00 for the detailed design of a standby generator for the Village Parkway Pump Station. Analysis: The City of Coppell is a wholesale water customer of Dallas Water Utilities (DWU). This means we purchase all of our water from Dallas, and it is delivered to us already treated and ready for distribution to our residents and business customers. Our distribution system includes two elevated storage tanks, 200 miles of water main, two ground storage tanks, and the Village Parkway Pump Station (VPPS). Using these facilities, we purchase and pump more than 3,000,000,000 gallons of water annually. The Village Parkway Pump Station was constructed in 1990 with three pumps and a single ground storage tank. In 1995 the facility was expanded and three additional pumps and an additional ground storage tank were added. All the water purchased by the City of Coppell from DWU is delivered to the VPPS and passes through these two ground storage tanks, and is pumped out into our distribution system through this pump station. The VPPS has two Oncor primary services that feed the pump station. These feeds power the station and the pumps. Multiple times a year we lose power to one or both feeds due to various circumstances such as lightning storms, car accidents, rolling brown outs, etc. When we lose power the pumps cannot run and supply the system with water. Several years ago we installed a portable generator on a trailer that we can manually start up in the event that we lose power, however that generator will only run one or two pumps at a time. During peak times this does not handle the demand. This design contract is to install a permanent automatic transfer standby generator that is capable of powering the entire station in the event of power loss. The estimated construction cost, which includes the purchase of the generator, is approximately $2.2 Million. Legal Review: The City's standard design contract has been reviewed by legal periodically, with changes made as requested. Fiscal Impact: The fiscal impact of this Agenda item is $175,500.00 from the 2018 Bond Funds. Recommendation: The Public Works Department recommends approval of this contract with Gupta & Associates, Inc. City of Coppell Village Parkway Standby Generator Attachment A Scope of Services BACKGROUND This project will provide the final design phase and construction phase services for installing a permanently installed standby electric generator at the Village Parkway Pump Station along with other improvements. Gupta & Associates, Inc. (GAI) will perform both the electrical distribution and controls (ED&C) and the instrumentation and controls (I&C) design as a prime consultant to the Owner. Site civil engineering, structural engineering, geotechnical engineering, and topographic survey services will be provided by BGE as a sub -consultant to GAI. ASSUMPTIONS In developing the scope of work and associated task budgets discussed in this proposal, GAI has made the assumptions outlined below: 1. GAI has not included any of the following in this proposal: a. Software licenses or hardware. b. PLC or HMI programming. c. Preliminary paper study or detailed physical radio path study. 2. The anticipated schedule for this work is: a. Final Design Phase: 6 Months b. Construction Phase: 12 Months 3. Opinions of Probable Construction Costs (OPCC) will be provided for each submittal. OPCCs are engineering estimates and are not warranted. SCOPE OF WORK BASIC SERVICES SECTION PROJECT UNDERSTANDING The existing conditions at the various sites are as follows: 1. Electrical Distribution and Controls a. There are two Oncor primary services to the pump station. Power is stepped down to 4,160V through two pad -mounted Oncor transformers that are rated 24kV — 4160V, 2500kVA. b. These power two main breakers (Main A and Main B) in a main -tie -main 5kV, 1200A rated switchgear line-up. i. Main A serves a 5kV, 1000A rated motor control center (MCC -HA) 1 of 7 ii. Main B serves a 5kV, 1000A rated motor control center (MCC -HB) c. There is a 480V MCC (MCC -LD) that is powered from MCC -HB through a 500kVA pad -mounted transformer d. There is another Oncor transformer that serves 208Y/120V to one side of an automatic transfer switch (MCC -LC). iii. The other side of MCC -LC is powered from a 112.5kVA transformer that is powered from MCC -LD. iv. MCC -LD powers various exhaust fans, electric unit heaters, lighting, and controls. 2. Loads a. The pump motor loads at this pump station are: Service Point Description Controller HP Voltage FLA MCC -HA Pum WP -1 FVNR 450 4160 57.0 MCC -HA Pum WP -2 FVNR 450 4160 57.0 MCC -HB Pum WP -3 FVNR 450 4160 57.0 MCC -HB Pum WP -4 RVSS 600 4160 81.1 MCC -LD Pum WP -5 RVSS 250 460 290.0 MCC -LD Pum WP -6 RVSS 250 460 290.0 b. The non -pump motor loads at this pump station include: i. Exhaust fans (4) ii. Electric unit heaters (6) iii. HVAC equipment iv. Various lighting panels 3. Operations a. The main -tie -main breakers are mechanically interlocked with "Kirk Keys". b. Both mains are usually closed and the tie breaker is usually open. c. In order to switch services, these 5kV breakers must be open/closed and racked in/out manually. d. When there is a power failure of one primary service, normal routine is to operate the pump station on the one remaining service. 4. A Preliminary Engineering Report (PER) has been provided for the generator design. This PER was an evaluation of how each of how various options could be implemented. This PER will serve as the basis of design for the final design effort with the following adjustments: a. The generator will be sized and connected to support the Riverchase Feeder only. b. The location of the generator will be on the east side of the 4MGD ground storage tank, close to the utility transformers. c. The generator engine exhaust will be designed to comply with the EPA Tier 2 requirements. It will be designed for standby purposes only, not intended to take 2of7 advantage of any utility incentives such as the ERCOT Emergency Response Service (ERS). The remaining work associated with the replacement of the switchgear and motor control centers electronic protective relays will be executed under this project. a. The existing electro -mechanical protective relays in the 4160V switchgear will be replaced with Schweitzer Engineering Labs (SEL) relays that the Owner has already obtained. b. The existing Westinghouse IQ -Series protective relays in the 480V MCC will be replaced with Schweitzer Engineering Labs (SEL) relays that the Owner has already obtained. c. All new SEL relays will be connected via Ethernet Cat5e cabling to a new network switch. This switch will then be connected to the existing pump station RTU for remote monitoring. d. A power study was performed by Schneider Electric in May, 2016. The construction specifications for this new Project will be written to require that Schneider Electric be contracted to provide an update to this model. That update is to provide the proper protective device settings and updated Arc Flash Hazard labeling for this Pump Station. TASK 1.0 — PROJECT MANAGEMENT Objective Provide proactive project management for the work to be performed. Methodology Project Management: 1. Meetings to be conducted at the Owner's offices: a. Design Phase i. One Project Kickoff Meeting ii. Two Design Review Meetings following the 60% and Pre -Final Submittals iii. Two Design Progress Meetings b. Advertisement Phase i. One Pre -Bid Meeting c. Construction Phase i. One Pre -Construction Kickoff Meeting ii. Ten Construction Progress Meetings 2. At two major milestones, GAI will submit a set of engineering documents in PDF format for review by the Owner. a. These milestones are: i. 60% Design Review Submittal that consists of preliminary drawings (based upon the preliminary sheet listing provided above) and a Table of Contents for the Construction Specifications. i. Pre -Final Design Review Submittal that consists of a full set of drawings and construction specifications. b. GAI will conduct a review of each submittal package at the Owner's office as part of the submittal process. GAI anticipates these meetings will last two hours each. 3 of 7 c. After the Owner has had time to review the submittal and provide comments, GAI will provide a written response to the Owner's design review comments. Comments from the Owner's review of the Final PER will be incorporated into the Design Phase as appropriate. 1. GAI will provide monthly invoicing to the Owner. Invoice will include a monthly project status report and updated project schedule. Subconsultants: 1. GAI will utilize the services of BGE as a subconsultant to provide the civil and structural engineering design services as well as topographic survey. GAI will provide all project management of BGE. BGE will provide site civil evaluations for generator locations. 2. If needed, GAI will obtain the services of a geotechnical professional under the "Special Services" portion of this proposal. Deliverables The following deliverables will be submitted to the Owner at the completion of the above listed activities: 1. A meeting agenda in advance of each scheduled meeting. 2. A written response to the City's design review comments. 3. Monthly invoicing with project status report and updated project schedule. TASK 2.0 — DESIGN PHASE TASK 2.1 — Topographic Survey and Level B SUE Objectives Survey for design to include entire site including to the far side of the local street adjacent to the site. Methodologv This task will involve a series of site visits and discussions with the Owner to review, document, and assess the conditions of the existing site. Each site visit will focus on the detailed installation and operational preferences regarding fuel storage and delivery, controls, and switchgear interface. Deliverables GAI will document any recommendations given or any decisions made by Owner's personnel during these site visits. TASK 2.2 — Site Visits and Investigations Objectives This design package will connect a new standby generator and auto -throw scheme to an existing switchgear lineup, therefore the design package must accurately reflect the existing conditions. Methodology This task will involve a series of site visits and discussions with the Owner to review, document, and assess the conditions of the existing site. Each site visit will focus on the detailed installation 4of7 and operational preferences regarding fuel storage and delivery, controls, and switchgear interface. Deliverables GAI will document any recommendations given or any decisions made by Owner's personnel during these site visits. TASK 2.3 — Design Objectives This task will provide the bidding documents including plans and construction specifications. Methodology 1. GAI will conduct a Project Kickoff Meeting. 2. GAI will conduct site visits and inspections after the notice to proceed. 3. GAI will coordinate design efforts with BGE including the site topographic survey. 4. At two major milestones, at 60% Design and at a Pre -Final Design, GAI will submit a set of engineering documents for review by the Owner. a. When submitting the draft document, GAI will participate in a 2 -hour meeting at the Owner's facility to review the document with the Owner and answer any questions about the content. The purpose of this meeting will be to review the submittal with the Owner prior to the Owner providing review comments. These meetings will be coordinated with the Owner and a preliminary agenda will be provided prior to the meeting. b. After the Owner has a chance to review the draft report, the Owner should provide GAI review comments. Once GAI has received Owner's written review comments, GAI will prepare a formal response to each written comment made by the Owner. Modifications necessitated by these Owner -provided review comments will then be incorporated into the next submittal. 5. GAI will conduct in two other status meetings/workshops to review design progress. These meetings are in addition to the design review meetings. Deliverables The following will be provided with each submittal: 1. Plan drawings including: a. Electrical drawings including one -line diagrams, wiring schematics, network architectural, etc. b. Site plans including conduit routing, site grading and drainage, erosion control c. Structural equipment pads for the generator and switchgear 2. Construction specifications 3. Engineering opinion of probable construction costs (OPCC) 4. Design Review Meeting agenda 5. Design Review Comments Responses 5 of 7 TASK 3.0 — ADVERTISEMENT PHASE Objectives Solicit and evaluate sealed competitive bids. Methodology 1. Incorporate Owner -provided standard front-end documents into the bid documents. 2. Conduct one non -mandatory pre-bid meeting for interested parties. 3. Respond to bidders' requests for information (RFIs). 4. Issue clarifications and addenda as necessary. 5. The Owner is to handle all advertisements and providing plans/specifications to interested parties. 6. Participate in bid opening. Approved for bidding plans and specifications in PDF format for advertisement. TASK 4.0 — CONSTRUCTION PHASE Objectives This task will assist the Owner throughout the construction phase in order to provide an efficient and timely installation. Methodology 1. Conduct pre -construction kickoff meeting. 2. Conduct monthly construction progress meetings (assumed qty: 10). 3. Respond to Contractor's RFIs (assumed qty: 8). 4. Review and respond to Contractor's shop drawing and O&M submittals (assumed qty: 16). 5. Conduct in a final walk-through/punchlist site visit. The final PER will document the various options and make recommendations for the proposed modifications. The final PER will serve as the basis of design for these modifications. The following deliverables will be submitted to the Owner: 1. GAI will provide conformed documents: a. Four half-size hard copies of plans (two for Contractor, two for Owner). b. Two full-size hard copies of plans (one for Contractor, one for Owner). c. Four hard copies of specifications (two for Contractor, two for Owner). 2. Provide record documents based upon Construction Contractor's redline markups: a. Two half-size hard copies of plans for Owner. b. One CD of PDF of plan files. 6 of 7 SPECIAL SERVICES SECTION Special services will be performed if specifically authorized by the Owner. These services will be on a time and material basis to perform the following: Emergency Bypass Pump Monitoring GAI will provide final design of the remote monitoring required for the proposed temporary emergency bypass engine driven pumps. This design will be based upon the results of a preliminary engineering report to be provided by others. Witnessed Testing GAI will witness specific factory acceptance testing. The travel and living (T&L) expenses for at least one representative from the Owner and one from GAI are to be covered by the Construction Contractor. Therefore, only the engineering labor is included. This testing will consist of: 1. Switchgear 2. Generator GAI will participate in site acceptance testing, field startup, and commissioning. This work includes up to one man -week of time on site. Level A SUE GAI's subconsultant will provide up to four excavations to determine location and elevation of existing pipelines and ductbanks. Geotechnical Engineering GAI's subconsultant will provide geotechnical investigation with up to two borings. This item may not be required if previous geotechnical information is available and sufficient. FEE The scope of work defined above is to be performed on a fixed fee (Basic Services) basis and a time and material basis (Special Services) as shown below: Basic Services: Category ED&C I&C Civil & Structural Total Project Management $1,712 $349 $2,200 $4,261 Final Design $54,192 $11,050 $26,800 $92,042 Advertisement $1,560 $318 $2,000 $3,879 Construction $22,310 $4,549 $11,500 $38,359 Total $79,774 $16,266 $42,500 $138,540 Special Services: Category ED&C I&C Civil & Structural Total Special Services $10,765 $17,195 $9,000 $36,960 7 of 7 New Generator MACARTHUR FEEDER RIVERCHASE FEEDER FROM UTILITY FROM UTILITY v POLE SWITCH UTILITY UTILITY _ New Outdoor XFMR ,�MI�J, XFMR 24.91KV TO 24.9KV TO Switchgear 4160V, 4160V, ' 2500KVA 2500KVA I 52 ATO 52 ' I MAIA �IY52� ^'�uKK K 52 B AIN I I BUSA BUSB 416OV,1200A,30 52 4160V,1200A,30 I I I MCC -HA, 4160V, 1000A, 30 MCC -HB, 4160V, 1000A, 30 I I I I I I I I I I L— — — — — — — — — — WP -1 WP -2 500KVA 4160V TO 4801277V WP -3 WP -4 WP -5 WP -6 UNIT HEATER EXHAUST FAN EF -4 EXISTING GENERATOR I I I J MCC -LC 400A ATS oo 1000A 1000A LSIG LSIG F_ - -_ 1) - - -1 I I I MCC -LA MCC -LB FROM UTILITY SWITCH UTILITY I XFMR J, 24.9KV TO 2081120V 112.5KVA XX% SUBMITTAL - NOT FOR CONSTRUCTION EXISTING OVERALL ONE -LINE DIAGRAM THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OF WILLIAM D. SAKO, a P.E. NO 93M oON 19. IT NOT TO BE USED FOR yI v h CONSTRUCTION 1T X''X'X'X'X'X X It C I T Y O F CITY OF COPPELL, TEXAS ELECTRICAL PROJECT BID NO. XXXXX 7) DESIGNED BV: GAI FILENAME: OOE01 DRAWN BY: X XXXXX EXISTING OVERALL a Gupta &Associates, Inc. COPPELL SHEET No. SHEETCHMD BY: X. XXXXX CONSULTING ENGINEERING 13711 Neutron RoaE L h+' COPPELL VILLAGE PARKWAY ONE -LINE N APPROVED BY: X. XXXXX Registration No. F-2593 s Texas 75244 Dall890-7661 Tel. w 90 7661 r''' - r+� o APPENDIX A REV. Pax912a9°7,25 f x e STANDBY GENERATOR NO. DATE DRWN REMARKS DATE: MAY 2019 ameil:aeiconsumne.00m A s XX OF XXX XX% SUBMITTAL - NOT FOR CONSTRUCTION IF L FROM MCC -LC ATS CONDENSING UNIT HEATER UNIT HEATER UNIT HEATER EXHAUST FAN EXHAUST FAN EXHAUST FAN UNIT HEATER UNIT HEATER CONDENSING A/C AMMONIA LIGHTING UNIT UH -1 UH -2 UH -3 EF -1 EF -2 EF -3 UH -4 UH -5 UNIT UNIT EQUIPMENT PANEL SKID LPB EXISTING MCC -LA & MCC -LB ONE -LINE DIAGRAM XX% SUBMITTAL - NOT FOR CONSTRUCTION THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OF WILLIAM D. SAKO, a P.E. NO 93M oON 19. IT NOT TO BE USED FOR yI v CONSTRUCTION h 1T DESIGNED BY: X''X'X'X'X'X DRAWN BY: X XXXXX SHEETCHMD BY: X. XXXXX APPROVED BY: X. XXXXX GAI Gupta &Associates, Inc. CONSULTING ENGINEERING Registration No. F-2593 D,I Neutron524E Dallas Texas ]5244 Tel. w 90 rooi Pax9T2a9°„25 X It C I T Y O F COPPELL h+' L r''' - r+� o f ” x e CITY OF COPPELL, TEXAS COPPELL VILLAGE PARKWAY STANDBY GENERATOR ELECTRICAL EXISTING MCC -LA &MCC -LB ONE -LINE PROJECT BID NO. XXXXX FILENAME: OOE02 7) a SHEET No. APPENDIX B N REV. NO. DATE DRWN REMARKS DATE: MAY 2019 ameil:aeiconsumne.00m A s XX OF XXX XX% SUBMITTAL - NOT FOR CONSTRUCTION CoppellVillage Parkway Pump Station Possible Generator Locations---_^-�� 41 Option 1: - Remove the existing chemical facilities _V—.M and install new screening wall; Concerns about accessibility and underground ductbank W11111111111 i P" F • Option 3: Biggest concern is drainage and site work for grading kLt; 71% ri Option �: � Install new screening wall; Concerns about noise abatement AP + k Preferred Location ON Y 6 5 fin. M - .. `� — r ti �r P" F • Option 3: Biggest concern is drainage and site work for grading kLt; 71% ri Option �: � Install new screening wall; Concerns about noise abatement AP + k Preferred Location ON Y 6 5 fin. M - .. June 11, 2020 George Luke, PE 13717 Neutron Rd. Dallas, TX 75244 Re: Proposal for Professional Design Services City of Coppell, Village Parkway Pumps Emergency Generator Dear George: We are pleased to present this scope of work for the referenced project, which will consist of the design of the site work, and structural concrete foundation for a new emergency generator. We propose to provide these professional services for a total fee of $53,100. This consists of basic services on a lump sum basis to provide design, bid phase and construction phase services as well as special services on a time & materials basis to provide geotechnical investigation, and Level A SUE as needed. The fee and summary of tasks for this proposal is summarized in the Fee Calculation below. We appreciate the opportunity to be of service to your firm and look forward to working with you on this project. If you have any questions, please call me at (972) 464-4800. Sincerely, Bryant Caswell, PE Senior Project Manager BC/lb AGREED AND ACCEPTED BY: Gupta & Associates, Inc.: SIGNED: NAME: TITLE: DATE: Summary of Services Basic Services 1. Project Management 2. 30% Concept Design — Creation of a conceptual site plan from project information including review of as -built plans; conceptual OPCC. 3. 60% Preliminary Design - Develop preliminary plans including sheets for general notes, existing site and demolition plan, site grading and drainage plan, erosion control plan, standard and special details, and structural design plans and sections for the foundation and support slab for the generator. Includes one (1) design review meeting. 4. 90% & Final Design — Develop 90% and Final plans, including incorporation of City and GAI review comment on previous work mentioned above, plus Final OPCC, specifications and bid documents for a single bid package. Includes attendance of one (1) design meeting. 5. Bid Phase Services - Provide assistance during bid phase responding to bidders' questions, creation of addenda. Attend two (2) meetings to include the pre bid meeting and bid opening. Assist GAI in evaluation of bids. 6. Construction Administration Services — includes review of up to four (4) submittals, and response to up to four (4) RFI. Attend seven (7) meetings including a pre -construction meeting, two (2) progress meetings and four (4) site visits and one (1) final walkthrough. Assist GAI in preparation of the punch list and record drawings. 7. Topographic Survey, including Level B SUE — survey for design to include the entire site including to the far side of the local street adjacent to the site. Special services 8. Geotechnical Engineering — includes geotechnical investigation with up to two (2) borings. This item may not be required if previous geotechnical information is available and sufficient. 9. Level A SUE — up to four (4) excavations to determine location an elevation of existing pipelines and duct banks. Fee Calculation Basic Services 1. Project Management $ 2,200 2. 30% Concept Design $ 5,000 3. 60% Preliminary Design $ 11,900 4. 90% & Final Design $ 9,900 5. Bid Phase Services $ 2,000 6. Construction Administration Services $ 3,400 7. Topographic Survey, including Level B SUE $ 8,100 Total Basic Services $ 42,500 Special Services 1. Geotechnical Engineering 2. Level A SUE Total Special Services Total $ 3,000 $ 6,000 $ 9,000 $ 51,500 Serving. Leading. Solving.— BGE, Inc. • 2595 Dallas Parkway, Suite 101 - Frisco, Texas 75034 • 972-464-4800 • www.bgeinc.com Attachment A Standard Terms and Conditions 1. STANDARD OF CARE: Professional Services shall be performed in accordance with and limited to the standard of professional practice ordinarily exercised by the applicable profession at the time and within the locality where the Professional Services are performed. Professional services are not subject to, nor can or will Brown & Gay Engineers, Inc. (BGE) provide any warranty or guarantee, express or implied, regarding the Professional Services to be supplied by BGE. Any such warranties or guarantees contained in any purchase orders, requisitions, or notices to proceed issued by Client are specifically objected to and shall not be a part of the agreement. BGE DISCLAIMS ANY AND ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, AND GOOD AND WORKMANLIKE MANNER. 2, COMPENSATION: Direct personnel expense shall be defined as: the cost of salaries and fringe benefit costs related to vacation, holiday, and sick leave pay; contributions for Social Security, Worker's Compensation Insurance, retirement benefits, and medical and insurance benefits; unemployment and payroll taxes; and other allowed benefits of those employees directly engaged in the performance of the requested service. Reimbursable costs include: fees of Professional Services and out-of-pocket expenses, the cost of which shall be charged at actual costs plus an administrative charge of 10% and shall be itemized and included in the invoice. Typical out-of-pocket expenses shall include, but not limited to, travel expenses (lodging, meals, etc.). Job-related mileage at the prevailing IRS rate; long distance telephone calls; courier, printing and reproduction costs; and survey supplies and materials. In the event the requested service involves the use of electronic measuring equipment, computers, plotters, and other special equipment such as boats, swamp buggies, etc., an additional direct charge shall be made for the use of this equipment. It is understood and agreed that BGE's services under this Agreement are limited to those described in the Scope of Services and do not include participation in or control over the operation of any aspect of the project. Compensation under this Agreement does not include any amount for participating in or controlling of any such operation. 3. INVOICE PROCEDURES AND PAYMENT: BGE shall submit invoices to the Client for work accomplished during each calendar month. For services provided on a Lump Sum basis, the amount of each monthly invoice shall be determined on the "percentage of completion method,' whereby BGE will estimate the percentage of the total work (provided on a Lump Sum basis) accomplished during the invoicing period. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. Such invoices shall also include, separately listed, any charges for Professional Services and reimbursable costs. Such invoices shall be submitted by BGE as soon as possible after the end of the month in which the work was accomplished and shall be due and payable by the Client upon receipt. The Client, as Owner or authorized agent for the Owner, hereby agrees that payment as provided herein will be made for said work within 30 days from the date the invoice for the same is mailed to the Client at the address set out herein or is otherwise delivered, and, in default of such payment, hereby agrees to pay all costs of collection, including reasonable attorney's fees, regardless of whether legal action is initiated. The Client hereby acknowledges that unpaid invoices shall accrue interest at the maximum rate allowed by law after they have been outstanding for over 30 days. BGE reserves the right to suspend all services on the Client's project without notice if an invoice remains unpaid 45 days after date of invoice. The suspension shall remain in effect until all unpaid invoices are paid in full. 4. COST ESTIMATES: Any cost estimates provided by BGE are opinions based on the experience and judgment of BGE. Client hereby acknowledges that BGE cannot warrant that any cost estimates provided by BGE will not vary from actual costs incurred by Client. 5. DELAYS: Although BGE may specify completion date of the work, that date is subject to and shall be extended by delays caused by conditions beyond the control of BGE, including but not limited to, the availabilityof required materials; acts of or disputes with Client; change orders that expand the scope of the work or cause delay in acquisition of materials; riots, civil commotions, war, insurrections, strikes, lockouts, fire, or other casualty; acts of God; inclement weather which interferes with normal scheduling of the work; failure of Client to make decisions; judicial restraint or delays in securing governmental approvals; permits or other authorizations. In the event of such delay, BGE shall be entitled to an extension of time for performance and additional compensation. 6. LIMIT OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF BGE AND ITS EMPLOYEES, OFFICERS, DIRECTORS, SUBCONSULTANTS AND SUBCONTRACTORS, TO CLIENT OR ANY PARTY CLAIMING BY, THROUGH OR UNDER CLIENT, FOR ANY AND ALL INJURIES, CLAIMS, LOSSES, EXPENSES, OR DAMAGES WHATSOEVER FROM ANY CAUSE OR CAUSES, INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ERRORS OR OMISSIONS SHALL BE LIMITED TO THE TOTAL COMPENSATION RECEIVED BY BGE UNDER THE TERMS OF THISAGREEMENT. T. CONSTRUCTION SERVICES: If, under this Agreement, Professional Services are provided during the construction phase of the project, BGE shall not supervise, be responsible for or have control over any contractor's means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with any contractor's work; nor shall BGE be responsible for the contractor's failure to carry out the Work in accordance with the Contract Documents or for the Contractor's failure to comply with applicable laws, ordinances, rules or regulations. The Client agrees that any contractors shall be solely responsible for jobsite and worker safety and warrants that this intent shall be carried out in the Client's contract with the contractors. Client understands that construction phase services are not intended to be a detailed check or an inspection of any contractor's work. CLIENT AGREES TO INDEMNIFY AND HOLD HARMLESS BGE FROM ALL CLAIMS, LOSSES, DAMAGES, ATTORNEY FEES, INJURIES, JUDGMENTS, CAUSES OF ACTIONS, AND SUITS OF ANY AND ALL KIND, FOR BODILY INJURY, DEATH, OR PROPERTY DAMAGES ARISING OUT OF THE PROJECT AND THE WORK. 8 CONSEQUENTIAL DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE CLIENT NOR BGE, THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, CONTRACTORS OR SUBCONSULTANTS SHALL BE LIABLE TO THE OTHER OR SHALL MAKE ANY CLAIM FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED IN ANY WAY TO THE PROJECT OR TO THIS AGREEMENT. THIS MUTUAL WAIVER OF INCIDENTAL, INDIRECT AND CONSEQUENTIAL STC 20180105 Page 1 of 3 Attachment A Standard Terms and Conditions DAMAGES SHALL INCLUDE, BUT IS NOT LIMITED TO, LOSS OF USE, LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF INCOME, LOSS OF REPUTATION, LOSS OF OPPORTUNITY AND ANY OTHER CONSEQUENTIAL DAMAGES THAT EITHER PARTY MAY HAVE INCURRED FROM ANY CAUSE OF ACTION INCLUDING NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT AND BREACH OF STRICT OR IMPLIED WARRANTY. BOTH THE CLIENT AND BGE SHALL REQUIRE SIMILAR WAIVERS OF CONSEQUENTIAL DAMAGES PROTECTING ALL ENTITIES OR PERSONS NAMED HEREIN IN ALL CONTRACTS AND SUBCONTRACTS WITH OTHERS INVOLVED IN THISPROJECT. ASSIGNMENT AND NO THIRD PARTY BENEFICIARIES: Neither Client nor BGE shall assign, sublet, or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as giving any rights or benefits hereunder to anyone other than Client and BGE. Client and BGE agree that there are no third party beneficiaries to this Agreement. Client's representative signing below warrants that he or she has full authority to bind Client to this Agreement. 10. SUSPENSION, TERMINATION, CANCELLATION OR ABANDONMENT: In the event the project described in the Scope of Services, or the services of BGE called for under this Agreement, is/are suspended, cancelled, terminated or abandoned by the Client for the Client's convenience, BGE shall be given seven (7) days prior written notice of such action and shall be compensated for the professional services and reimbursable expenses provided up to the date of suspension, termination, cancellation or abandonment plus anticipated profit on those professional services not performed by BGE. In the event either Client or BGE seeks to terminate the Agreement based on the material breach of this Agreement, the party seeking to terminate the Agreement shall give written notice of the alleged breach and that party shall have ten (10) days after receipt of the written notice to cure the alleged breach. If the alleged breach has not been cured within that ten (10) day cure period, then the party claiming breach may terminate the Agreement for cause. If the Client terminates the Agreement for cause, then BGE shall be compensated for all professional services performed prior to termination plus reimbursable expenses. In the event BGE terminates this Agreement for cause, Client waives any and all claims or causes of action against BGE relating to BGE's services under this Agreement. ENTIRETY OF AGREEMENT: The Agreement embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties and attached hereto. 12. OWNERSHIP OF DOCUMENTS: All designs, drawings, specifications, documents, and other work products of the BGE (collectively, the "Documents"), whether in hard copy or electronic form, are instruments of service for the services and are owned by BGE regardless of whether or not services are completed. Reuse, change or alteration of the Documents by the Client or by others acting through or on behalf of the Client is not permitted without the written consent of BGE. BGE grants to Client a nonexclusive license to reproduce the Documents solely for the purpose of constructing and maintaining the Project. Any termination of the Agreement prior to final completion of construction of the Project shall terminate this license. Upon such termination, and unless otherwise agreed by BGE in writing, the Client (and any third party who received copies of the Documents from Client) shall refrain from making further reproductions of the Documents and shall return to BGE within seven days of termination all originals and reproductions in the Client's possession, custody and control. ANY REUSE, CHANGE OR ALTERATION BY THE CLIENT OR THIRD PARTIES IS AT THEIR OWN RISK AND TO THE FULLEST EXTENT OF THE LAW CLIENT AGREES TO HOLD HARMLESS AND INDEMNIFY BGE, ITS OFFICERS, PARTNERS, EMPLOYEES, AND SUBCONTRACTORS FROM ALL CLAIMS, DAMAGES, LOSSES, EXPENSES AND COSTS (INCLUDING ATTORNEYS' FEES), INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR BGE'S ALLEGED NEGLIGENCE, ARISING OUT OF OR RELATED TO SUCH AUTHORIZED OR UNAUTHORIZED REUSE, CHANGE OR ALTERATION. 13. WAIVER: Any failure by BGE to require strict compliance with any provision of this Agreement shall not be construed as a waiver of such provision, and BGE may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 14. DISPUTE RESOLUTION: Mediation. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to non-binding mediation as a condition precedent to the commencement of arbitration by either party. If such matter relates to or is the subject of a lien arising out of BGE's services, then BGE may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or other legal proceedings. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the county where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Arbitration. Any claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to the Agreement and with the American Arbitration Association. With the sole exception of any subconsultants hired by BGE, no arbitration arising out of or relating to the Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement. The foregoing agreement to arbitration shall be specifically enforceable in accordance with applicable law in any court having jurisdiction. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. 15. HAZARDOUS WASTE, MATERIALS OR SUBSTANCES: Unless otherwise specifically provided in this Agreement, BGE shall not be responsible for or have control over the discovery, presence, handling, removal, transport or disposal of hazardous waste, materials or substances in any form on the project site. Client is solely responsible for compliance and enforcement of same with respect to all applicable federal, state and local statutes, rules and regulation regarding hazardous waste. 16. GOVERNING LAW: This Agreement shall be governed by and construed according to the laws of the State where the site of the work is located. STC 20180105 Page 2 of 3 Attachment A Standard Terms and Conditions 17. CLIENT SUPPLIED DOCUMENTS AND INFORMATION: Client warrants that all documentation and information provided by Client to BGE for use in performing the services hereunder is accurate and may be relied upon by BGE in all respects, and that Client has the right to provide such documentation and information to BGE.. BGE shall have no liability to Client for any damages or claims arising out of any errors contained in such documents and information and BCE's use and reliance upon the same. Client hereby agrees to indemnify and hold BGE harmless from any and all liabilities, claims and lawsuits arising out of BCE's Use and reliance upon such documentation and information and for any claims of infringement or ownership disputes involving such documentation and information.. 18. CORPORATE LIABILITY: Client understands and agrees that BGE is a business entity that has contracted to perform services, and any services provided by BGE's employees, agents or officers are not provided in their individual capacity. Client will not make any claim or demand against any of BCE's 19. REGULATORY CHANGES: In the event that there are modifications or additions to regulatory requirements relating to the services to be performed under this Agreement after the date of execution of this Agreement, the increased or decreased cost of performance of the services provided for in this Agreement shall be reflected in an appropriate Additional Services amendment. 20. CHANGED CONDITIONS: The Client and BGE acknowledge the possibility of occurrences or discoveries that were not originally contemplated by or known to the BGE. Should Client or BGE call for contract renegotiation, they shall identify the changed conditions necessitating renegotiation, and BGE and the Client shall promptly and in good faith enter into renegotiation of this Agreement. If the terms cannot be agreed to, the parties agree that either party has the right to terminate the Agreement 21. PERMITS: Client is responsible for obtaining and complying with all required permits or other approvals of, and for giving any required notices to, all governmental and quasi -governmental authorities having jurisdiction over the Services or the Property. Client will provide to BGE copies of any such permits or any such notices, together with any other relevant information that will alert BGE to the requirements of such permits, approvals, or notifications. 22. ATTORNEY'S FEES: In the event BGE's invoices for Services are given to any attorney for collection, or if suit is brought for collection, or if they are collected through probate, bankruptcy, or other judicial proceeding, then Client shall pay BGE all costs of collection, including the maximum attorneys' fees allowed bylaw and court costs, in addition to other amounts due. 23. FIDUCIARY RESPONSIBILITY: BGE makes no warranty, either expressed or implied, as to BCE's findings, recommendations, Documents, or professional advice. Any warranties or guarantees contained in any purchase orders, contracts, certifications, requisitions, or notices to proceed issued by the Clientare specifically objected to and excluded. Client recognizes that neither BGE nor any of BCE's Subconsultants or subcontractors owes any fiduciary responsibility or duty to Client. STC 20180105 Page 3 of 3 — City of Coppell, Texas 255 E. Parkway Boulevard OPELr Coppell, Texas kJ 1fL 75019-9478 File ID: 2020-5049 Version: 3 File Name: DFW Office Master File Number: 2020-5049 Type: Agenda Item Reference: Status: Public Hearing In Control: City Council File Created: 04/07/2020 Final Action: Title: CONTINUED PUBLIC HEARING: Consider approval of PD -302 -HC, (DFW Office), a zoning change request from PD -272R4 -LI and HC to PD -302 -HC (Planned Development -302 -Highway Commercial), to approve a Detail Site Plan for a 54,400 -square -foot office building, on 4.81 acres of land, located at the southeast corner of SH 121 and Northwestern Drive, at the request of Halff Associates, Inc. Notes: Sponsors: Attachments: City Council Withdrawal Memo.pdf Contact: Drafter: Related Files: History of Legislative File Agenda Date: 07/14/2020 Agenda Number: 9. Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: 1 Planning & Zoning 04/16/2020 Approved Pass Commission City of Coppell, Texas Page 1 Printed on 7/1312020 Master Continued (2020-5049) Action Text: Mary Paron-Boswell, Senior Planner, presented the case with exhibits and stated that staff is recommending approval of PD -302 -HC, subject to the following conditions: 1. There may be additional comments at the time of Building Permit and Detail Engineering Review. 2. Tree Removal Permit is required prior to start of construction. 3. To allow more than 50% parking in the front yard. 4. To allow parking within the 20 -foot landscape setback along Northwestern Drive. 5. To not require a cornice on the building. Chairman Haas opened the Public Hearing and advised that no one wished to speak. Chairman Haas closed the public hearing. John Taylor, 501 South Second Ave. Building C, Dallas, TX 75226 was present to answer questions by the Commission. A motion was made by Commissioner Walker, seconded by Commissioner Robinson, to approve the request. The motion passed unanimously, (7-0). Aye: 7 Chair Edmund Haas, Vice Chair Glenn Portman, Commissioner Sue Blankenship, Commissioner Doug Robinson, Commissioner Freddie Guerra. Commissioner Ed Maurer. and James Walker 2 City Council 05/12/2020 Postponed City Council Action Text: Mayor Hunt opened the Public Hearing. Mary Paron-Boswell, Senior Planner, informed City Council of the applicant's request to postpone the Public Hearing to July 14, 2020, due to the COVID-19 pandemic. A motion was made by Councilmember Cliff Long, seconded by Councilmember Nancy Yingling, that the Public Hearing remain open and this agenda item be continued to the July 14, 2020 City Council meeting. The motion passed by an unanimous vote. Text of Legislative File 2020-5049 Title CONTINUED PUBLIC HEARING: Consider approval of PD -302 -HC, (DFW Office), a zoning change request from PD -272R4 -LI and HC to PD -302 -HC (Planned Development -302 -Highway Commercial), to approve a Detail Site Plan for a 54,400 -square -foot office building, on 4.81 acres of land, located at the southeast corner of SH 121 and Northwestern Drive, at the request of Halff Associates, Inc. Summary Goal Icon: Business Prosperity City of Coppell, Texas Page 2 Printed on 7/1312020 T X E C 1 T Y O F COFFEL,L MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: July 14, 2020 Reference: Continued: Consider approval of PD -302 -HC, (DFW Office), a zoning change request from PD -272R4 -LI and HC to PD -302 -HC (Planned Development -302 -Highway Commercial), to approve a Detail Site Plan for a 54,400 -square -foot office building, on 4.81 acres of land, located at the southeast corner of SH 121 and Northwestern Drive, at the request of Halff Associates, Inc. 2030: Business Prosperity Halff Associates has requested that the item be withdrawn for consideration at this time. They hope to bring this item back through the process at a later date. 1 — City of Coppell, Texas 255 E. Parkway Boulevard OPELr Coppell, Texas kJ 1fL 75019-9478 . --�- - File ID: 2020-5158 Version: 2 Master File Number: 2020-5158 Type: Agenda Item Reference: File Name: RVIS Office Expansion Zoning Change Status: Public Hearing In Control: City Council File Created: 06/04/2020 Final Action: Title: PUBLIC HEARING: Consider approval of PD -303-H, RVIS Office Expansion, a zoning change request from H (Historic) to PD -303-H (Planned Development -303 -Historic), to approve a Detail Site Plan to allow for an approximate 1,782 square foot expansion and additional parking to an existing 1,548 square foot professional office on 0.65 acres of property located at 412 W Bethel Road, at the request of Tommy Watters, TWKW Enterprises, being represented by John Valentine, Valentine Premier Construction. Notes: Sponsors: Attachments: City Council Memo.pdf, Staff Report.pdf, Site Plan.pdf, Landscape Plan & Tree Survey (3 Pages).pdf, Elevations.pdf Contact: Drafter: Related Files: History of Legislative File Agenda Date: 07/14/2020 Agenda Number: 10. Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: 1 Planning & Zoning 06/18/2020 Approved Commission City of Coppell, Texas Page 1 Printed on 7/1312020 Master Continued (2020-5158) Action Text: Matt Steer, Development Services Administrator, presented the case with exhibits and stated that staff is recommending APPROVAL of PD -303-H, RVIS Office Expansion (Lot 1R2R, Block 1, Vaughan Addition), subject to the following conditions: 1. Building Plans are not fully reviewed at this time. Comprehensive building plan review will take place with the building permit submittal. 2. On drainage plan, show the tie-in to the city's system. Detailed engineering review will be performed during engineering permit process. Plans will need to show sizes and slopes of proposed storm drains. 3. A 63 linear foot encroachment into the 10' landscape perimeter area on the western property line. 4. Allowing for the existing 8' fence in lieu of a brick wall screening requirement on the eastern and northern property lines. 5. Note the staining, maintenance and replacement responsibility of the fence is that of the property owner and will performed annually and as needed. 6. Include a plant list outlining the quantity, size and species of all proposed landscaping. 7. The Landscape and Irrigation Plan shall be signed and sealed by a Landscape Architect. Chairman Haas opened the Public Hearing and advised that no one wished to speak. Chairman Haas closed the public hearing. John Valentine, President Valentine Premier Construction, LLC, 556 S. Coppell Road, Suite 100, Coppell, TX 75019, was present to answer questions by the Commission. Tommy Waters, TWKW Enterprises, LLC, 520 Greenridge, Coppell, Texas 75019, applicant and owner, was present to answer questions by the Commission. A motion was made by Commissioner Walker, seconded by Commissioner Robinson, to approve the request subject to a revision of staff condition #5 to read, "Note the staining, maintenance and replacement responsibility of the fence is that of the property owner and should be performed annually or more often, as needed." The motion passed unanimously, (7-0). Text of Legislative File 2020-5158 Title PUBLIC HEARING: Consider approval of PD -303-H, RVIS Office Expansion, a zoning change request from H (Historic) to PD -303-H (Planned Development -303 -Historic), to approve a Detail Site Plan to allow for an approximate 1,782 square foot expansion and additional parking to an existing 1,548 square foot professional office on 0.65 acres of property located at 412 W Bethel Road, at the request of Tommy Watters, TWKW Enterprises, being represented by John Valentine, Valentine Premier Construction. Summary Staff Recommendation: Staff is recommending approval of this agenda item. Goal Icon: Business Prosperity City of Coppell, Texas Page 2 Printed on 7/1312020 T H E C I T Y O F COFFELL F ' w x i s' ti e MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: July 14, 2020 Reference: PUBLIC HEARING: Consider approval of PD -303-H, RVIS Office Expansion, a zoning change request from H (Historic) to PD -303-H (Planned Development -303 -Historic), to approve a Detail Site Plan to allow for an approximate 1,782 square foot expansion and additional parking to an existing 1,548 square foot professional office on 0.65 acres of property located at 412 W Bethel Road, at the request of Tommy Watters, TWKW Enterprises, being represented by John Valentine, Valentine Premier Construction. 2030: Business Prosperity Executive Summary: This request is the result of a building permit application for the proposed addition of approximately 1,782 square feet onto an existing 1,548 square foot RV insurance office. An addition of this size requires additional parking and a Site Plan amendment. Introduction: The reason for the Planned Development request as opposed to a straight Site Plan amendment is to allow for two exceptions to the Zoning Ordinance- a 63 linear foot encroachment into the 10' landscape perimeter on the east property line and a wood fence in lieu of a brick screening wall (further detail provided below). The parking requirements and overall landscape area requirements have been met. The elevations of the proposed addition are architecturally compatible with the existing building utilizing the same horizontal siding and color. Analysis: The two exceptions are supported by the Planning and Zoning Commission and have been listed as PD Conditions on the Site Plan and will be written into the Ordinance if approved. The 10' landscape perimeter on the east property line allows for increased drive aisle width; therefore, improving the maneuverability to access the required parking spaces in the rear. The second exception requested, is to the brick screening wall requirement when adjacent to residential. An exception to this requirement is recommended because this office predates the residential zoning on the street facing property to the east on Bethel Road, the building and site improvements are not visible from the right-of-way and is supported by the adjacent property owners to the east, as documented in the attached letters of support from the neighbors. The Planning and Zoning Commission recommended approval with conditions recommended by staff with the insertion of "or more often" to the condition 5 relating to the maintenance of the fence (below). Legal Review: The city attorney reviewed the language related to the fence maintenance adjacent to residential uses. Fiscal Impact: None Recommendation: The Planning & Zoning Commission unanimously (7-0) recommended approval at the June 18, 2020, Meeting subject to the following conditions: 1. Building Plans are not fully reviewed at this time. Comprehensive building plan review will take place with the building permit submittal. 2. On drainage plan, show the tie-in to the city's system. Detailed engineering review will be performed during engineering permit process. Plans will need to show sizes and slopes of proposed storm drains. 3. A 63 linear foot encroachment into the 10' landscape perimeter area on the western property line. 4. Allowing for the existing 8' fence in lieu of a brick wall screening requirement on the eastern and northern property lines. 5. The staining, maintenance and replacement responsibility of the fence, including but not limited to the integrity of the building elements or materials, shall be the sole responsibility of the property owner. Such maintenance and/or repair shall be performed annually or more often as needed. Attachments: 1. PZ Staff Report 2. Site Plan 3. Landscape Plan 4. Elevations CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT PD -303-H, RVIS Office Expansion (Vaughan Addition, Lot IR2R, Bloch 1) P&Z HEARING DATE: June 18, 2020 C.C. HEARING DATE: July 14, 2020 STAFF REP.: Matthew Steer, Development Services Administrator LOCATION: 412 W Bethel Road SIZE OF AREA: 0.6 acres of property CURRENT ZONING: H (Historic) REQUEST: A zoning change request from H (Historic) to PD -303-H (Planned Development - 303 -Historic), to approve a Detail Site Plan to allow for an approximate 1,782 square foot expansion and additional parking to an existing 1,548 square foot professional office APPLICANT: Applicant: Tommy Watters, TWKW Enterprises, LLC 520 Greenridge Coppell, Texas 75019 twattersj r(amsn. com Representative: John Valentine, President Valentine Premier Construction, LLC 556 S. Coppell Road, Suite 100 Coppell, TX 75019 972-538-4400 of hn(avalentinepremierconstruction.com HISTORY: Since the initial site plan and platting approval for the conversion of the residence to a professional office in 2005, this property has been replatted several times. In November 2008, the Vaughan Addition was replatted to divide off a 20 -foot strip of land from the eastern rear of the property (4,490 total square -feet) into Lots 3, ITEM # 6 Pagel of 4 4, and 5, Block 1, Old Coppell Estates. In 2011, another replat was approved that divided off 0.9 acres from the northern portion of the subject property into the rear portion of Lots 4 & 5, Block 1, Old Coppell Estates. The property was yet again replatted in March 2019, to increase the size of the property to 0.6 acres by reincorporating the 0.3 acres from Old Coppell Estates Addition, Lot 4R2, Block 1 (formerly Lot 4, Block 1). Concurrent with the platting, a rezoning of the property took place to align the Historic District boundary with the eastern property line. The property directly to the east of this office abutting Bethel Road also has a unique history. It was formerly zoned Historic and owned by Paragon Cable utility company. A small brick fiber optic equipment structure with a couple of parking spaces for maintenance were located here. It was purchased by the adjacent property owners to the east in the first two lots of Old Coppell Estates. In October 2012, it was rezoned to Planned Development -256 -SF -9 and incorporated into the rear yards of these residential lots. HISTORIC COMMENT: This property is part of the Historic Resource Survey published by the Historical Society in May 2009. The Survey shows this property as a priority A, which means this property is architecturally and historically significant. The property is described as follows: This asymmetrical Craftsman style home was built by P.A. Phillips and once served as the home to Ernest and Pearl Gentry. The wooden structure, built sometime around 1940, features a cross gabled roof with an extended front porch flanked by wooded columns. TRANSPORTATION: Bethel Road is a two-lane road with variable width right -of way, with head -in parking. SURROUNDING LAND USE & ZONING: North — Barn with livestock & Hunterwood Park; H (Historic) South - Residential and Old Town Medical Center; H (Historic) & PD- 108R6 -H (Planned Development -108 Revision 6 -Historic); East - PD -256 -SF -9 (Planned Development -256 -Single Family -9); H (Historic) West - Office; H (Historic) COMPREHENSIVE PLAN: The Comprehensive Plan of March 2011 shows the property as suitable for a use allowed within the Historic District (office use is appropriate). DISCUSSION: This request is the result of a building permit application for the proposed addition of approximately 1,782 square feet onto an existing 1,548 square foot RV insurance office. An addition of this size requires additional parking and a site plan amendment. The parking required for office is one per 300 square feet, resulting in the need for five additional parking spaces. These are being provided for within a proposed asphalt drive extension to the north from the existing parking area. The drive extends through a gate ITEM # 6 Page 2 of 4 and accesses 3 of the 5 proposed parking spaces for the business. There is an additional 4,500 square feet of asphalt area proposed for parking of a Recreational Vehicle (RV). This area is screened with an 8' tall fence and is not visible from the road. An 8' tall fence is proposed to be constructed on the western property line; therefore, exempting the northern portion of the lot from the interior landscaping requirements of the Zoning Ordinance. Along the rear perimeter, proposed are eight 3" -caliper Red Oaks with 16 Crepe Myrtles evenly spaced. One Red Oak will be planted at the end of the parking row south of the fenced -in, exempted area. The proposed building expansion is architecturally compatible with the existing office, utilizing the same materials (hardi-lap horizontal siding) and colors. As mentioned in the Historic Significance section above, this building was originally constructed in 1940 and is architecturally and historically significant in the area. The Historic Society has been made aware of the request and staff does not anticipate any opposition, as the rear building addition will not be readily visible from Bethel Road. The reason for the Planned Development request as opposed to a straight Site Plan amendment is to allow for two exceptions to the Zoning Ordinance. Both are supported by staff. The first is to allow for the western 10' landscape perimeter encroachment. In order to reach the rear of the property with a maneuverable driveway, the drive is proposed to increase in width and eliminates the 10' landscape perimeter area for 63 linear feet. The 10' landscaping resumes at the new portion at the back of the site. Staff supports this to allow for greater maneuverability to access the required parking spaces. Overall, the landscaping requirement on this site has been met. The second exception requested, is to the brick screening wall requirement when adjacent to residential. This is also supported by staff, as this office predates the residential zoning on the street facing property to the east on Bethel Road, the building and site improvements are not visible from the right-of-way and is supported by the adjacent property owners to the east, as documented in the attached letters of support from the neighbors. As mentioned in the history section, this property and the adjacent properties to the east have a long history of platting, replatting and zoning. Staff is recommending approval of the request. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD -303-H, RVIS Office Expansion (Lot 1R2R, Block 1, Vaughan Addition), subject to the following conditions: 1. Building Plans are not fully reviewed at this time. Comprehensive building plan review will take place with the building permit submittal. 2. On drainage plan, show the tie-in to the city's system. Detailed engineering review will be performed during engineering permit process. Plans will need to show sizes and slopes of proposed storm drains. 3. A 63 linear foot encroachment into the 10' landscape perimeter area on the western property line. 4. Allowing for the existing 8' fence in lieu of a brick wall screening requirement on the eastern and northern property lines. 5. Note the staining, maintenance and replacement responsibility of the fence is that of the property owner and will performed annually and as needed. 6. Include a plant list outlining the quantity, size and species of all proposed landscaping. 7. The Landscape and Irrigation Plan shall be signed and sealed by a Landscape Architect. ITEM # 6 Page 3 of 4 ALTERNATIVES: 1. Approval of the request 2. Denial of the request 3. Modification of the request 4. Take the case under advisement to a future date ATTACHMENTS: 1. Site Plan 2. Landscape Plan 3. Elevations 4. Letters of support from the adjacent property owners to the east. ITEM # 6 Page 4 of 4 TGHELL STREET APPROX. 160.000' WEST ZONED: HSTORIG No t i T)"F I GAL PARKING 5FACE SCALE: I:S r 1"/" =� =,-Z :� 0 =�o r- �= 'I ZONED SF�=� HEAlz; THSTONE LANE APPROX. EAST P.D. GONDITIONS TABLE 1. EOUEST RELIEF FROM REOUIRED 5. THE STAINING/ MAINTENANGE AND REPLAGEMENT RESPONSIBILITY OF SG EEN NO NALL ON THE NORTH $ THE FENCE, INGLUDIN6 BUT NOT EAST SIDE OF PROPERTY. a l=0 TALL LIMITED TO THE INTEGRITY OF THE BUILDING ELEMENTS O NOODEN E30A D ON E30A D FENCE MATERIALS/ SHALL BE THE SOLE RESPONSIBILITY OF THE PROVIDED N LIEU OF SCREEN NO NALL. PROPERTY ONNE . SUGN MANTENANOE AND/OR REPAIR SHALL BE PERFORMED ANNUALLY OR MORE OFTEN AS 2. REOUEST RELIEF FROM REOUIRED 0' NEEDED. LANDSOAPE BUFFER ON VCST SIDE OF PROPERTY FOR 71.657 LINEAR FEET TO PROVIDE A0GESS TO THE REAR PORTION OF THE PROPERTY. 5ITE PLAN SCALE: 1:20 SITE DATA TABLE ZONING = HISTORIG PROPOSED USE _ BUSINESS � LOT AREA _ .0614 ACRES EXISTING AREA _ ,54�5 50. FT. PROPOSED ADDITION = ,752 50. FT. BUILDING AREA _ 3,350 50. FT. BUILDING HEIGHT = 151_0 11 EOU RED PARKING = 12 SPACES PROPOSED PARKING = 12 SPA0ES PROPOSED LOT G0V E A0E _ 51.520% FLOOR AREA RATIO = .124 E-1 al nor iR2R/ E3LOG< i 4I2 W. E3ETHEL KP. VAUOHN ADDMON � J. ANDERSON SPS. N. In C.I7Y OF :OFFELL_ DALLAS C,OL'N7Y, 7X OWNER: TOMMY NATTERS ADDRESS: 412 W. BETHEL RD. SHONE: (214) 2064011 � EMAIL: TWATTERSJR@MSN.GOM REVINON5 J.D.B. 02/25/20 J.T.B. 04/23/20 J.T.B. 05/12/20 J.T.B. 05/15/20 J.T.B. 06/0q/20 .---m1l ■■■■mi ■■■■�I ■■■WNI ■■■mmi BE■N G I KN■WmI 1illmum1 l! mm "mI olimmmi Emommi ummowi omgmmi MEMO, Emi NwRaisiclomil lsiolooni R Z O X � l GC)Lu nx <LuLuW- �,n J -- Lu > Lu z �LLJ 155UE DATE 01/30/20 PLAN #1,663 E 0 y N 00 bO U O a C •� 0000 CO F Ln r� am Lr) W�cd X o E� c� L0 O 7� M r U 0 ~ !LO O z I -I O J EXISTING SHRUBS TO / ~ W REMAIN, TYP. d Ov existin 0 �o O g structure z Q REPAIR AND REPLACE SOD AS O proposed EXISTING TREE O 0 I v_J O TO REMAIN, TYP. NECESSARY DUE TO ADDITIONAL � W W O structure I PLANTING/CONSTRUCTION, TYP. � _ I 0 o O W LULU 25 rY1,,,WL STEEL EDGE, TYP. O N z DC ,� GENERAL LAWN NOTES 1. CONTRACTOR SHALL COORDINATE OPERATIONS AND AVAILABILITY OF EXISTING TOPSOIL WITH ON-SITE CONSTRUCTION MANAGER 2. LAWN AREAS SHALL BE LEFT 1" BELOW FINAL FINISHED GRADE PRIOR TO TOPSOIL INSTALLATION. 3. CONTRACTOR TO FIND GRADE AREAS TO ACHIEVE FINAL CONTOURS AS SHOWN ON CIVIL DRAWINGS. POSITIVE DRAINAGE SHALL BE PROVIDED AWAY FROM ALL BUILDINGS. ROUNDING AT TOP AND BOTTOM OF SLOPES SHALL BE PROVIDED AND IN OTHER BREAKS IN GRADE. CORRECT AREAS WHERE STANDING WATER MAY OCCUR. 4. ALL LAWN AREAS SHALL BE FINE GRADED, IRRIGATION TRENCHES COMPLETELY SETTLED AND FINISH GRADE APPROVED BY THE OWNER'S CONSTRUCTION MANAGER OR LANDSCAPE ARCHITECT PRIOR TO LAWN INSTALLATION. 5. CONTRACTOR SHALL REMOVE ALL ROCKS 3/4" IN DIAMETER AND LARGER. REMOVE ALL DIRT CLODS, STICKS, CONCRETE SPOILS, TRASH ETC PRIOR TO PLACING TOPSOIL AND GRASS INSTALLATION. 6. CONTRACTOR SHALL MAINTAIN ALL LAWN AREAS UNTIL FINAL ACCEPTANCE. 7. CONTRACTOR SHALL GUARANTEE ESTABLISHMENT OF ACCEPTABLE TURF AREA AND SHALL PROVIDE REPLACEMENT IF NECESSARY. SOLID SOD: 1. SOLID SOD SHALL BE PLACED ALONG ALL IMPERVIOUS EDGES, AT A MINIMUM. THIS SHALL INCLUDE CURBS, WALKS, INLETS, MANHOLES AND PLANTING BED AREAS. SOD SHALL COVER OTHER AREAS COMPLETELY AS INDICATED BY PLAN. 2. SOD SHALL BE STRONGLY ROOTED DROUGHT RESISTANT SOD, NOT LESS THAN 2 YEARS OLD, FREE OF WEEDS AND UNDESIRABLE NATIVE GRASS AND MACHINE CUT TO PAD THICKNESS OF 3/4"(+1/4"), EXCLUDING TOP GROWTH AND THATCH. 3. LAY SOD BY HAND TO COVER INDICATED AREAS COMPLETELY, ENSURING EDGES ARE TOUCHING WITH TIGHTLY FITTING JOINTS, NO OVERLAPS WITH STAGGERED STRIPS TO OFFSET JOINTS. 4. TOP DRESS JOINTS IN SOD BY HAND WITH TOPSOIL TO FILL VOIDS IF NECESSARY 5. SOD SHALL BE ROLLED TO CREATE A SMOOTH EVEN SURFACE. SOD SHOULD BE WATERED THOROUGHLY DURING INSTALLATION PROCESS. 6. SHOULD INSTALLATION OCCUR BETWEEN OCTOBER 1ST AND MARCH 1ST, OVERSEED BERMUDAGRASS SOD WITH WINTER RYEGRASS AT A RATE OF 4 POUNDS PER 1000 S.F. HYDROMULCH: 1. SCARIFY AND LOOSEN ALL AREAS TO BE HYDROMULCHED TO A MINIMUM DEPTH OF 4" PRIOR TO TOPSOIL AND HYDROMULCH INSTALLATION. 2. BERMUDA GRASS SEED SHALL BE EXTRA HULLED, TREATED LAWN TYPE. SEED SHALL BE DELIVERED TO THE SITE IN ITS ORIGINAL UNOPENED CONTAINER AND SHALL MEET ALL STATE/LOCAL LAW REQUIREMENTS. 3. FIBER SHALL BE 100% WOOD CELLULOSE FIVER, DELIVERED TO THE SITE IN ITS ORIGINAL UNOPENED CONTAINER AS MANUFACTURED BY "CONWEB' OR EQUAL. 4. FIBER TACK SHALL BE DELIVERED TO THE SITE IN ITS UNOPENED CONTAINER AND SHALL BE 'TERRO-TACK ONE', AS MANUFACTURED BY GROWERS, INC OR APPROVED EQUAL. 5. HYDROMULCH WITH BERMUDA GRASS SEET AT A RATE OF 2 POUNDS PER 1000 S.F. 6. USE A BATTER BOARD AGAINST ALL BED AREAS TO PREVENT OVER SPRAY. 7. IF INADEQUATE MOISTURE IS PRESENT IN SOIL, APPLY WATER AS NECESSARY FOR OPTIMUM MOISTURE FOR SEED APPLICATION. 8. IF INSTALLATION OCCURS BETWEEN SEPTEMBER 1ST AND MAY 1ST, ALL HYDORMULCH AREAS SHALL BE OVER -SEEDED WITH WINTER RYE GRASS AT A RATE OF FOUR POUNDS PER ONE THOUSAND SQUARE FEET. CONTRACTOR SHALL BE REQUIRED TO RE-HYDROMULCH WITH BERMUDA GRASS THE FOLLOWING GROWING SEASON AS PART OF THIS CONTRACT. 9. AFTER APPLICATION, NO EQUIPMENT SHALL OPERATE OVER APPLIED AREAS. WATER SEEDED AREAS IMMEDIATELY AFTER INSTALLATION TO SATURATION. 10. ALL LAWN AREAS TO BE HYDROMULCHED SHALL ACHIEVE 100% COVERAGE PRIOR TO FINAL ACCEPTANCE. LANDSCAPE NOTES 1. CONTRACTOR TO VERIFY AND LOCATE ALL PROPOSED AND EXISTING ELEMENTS. NOTIFY LANDSCAPE ARCHITECT OR DESIGNATED REPRESENTATIVE FOR ANY LAYOUT DISCREPANCIES OR ANY CONDITION THAT WOULD PROHIBIT THE INSTALLATION AS SHOWN. SURVEY DATA OF EXISTING CONDITIONS WAS SUPPLIED BY OTHERS 2. CONTRACTOR SHALL CALL 811 TO VERIFY AND LOCATE ANY AND ALL UTILITIES ON SITE PRIOR TO COMMENCING WORK. LANDSCAPE ARCHITECT SHOULD BE NOTIFIED OF ANY CONFLICTS. CONTRACTOR TO EXERCISE EXTREME CAUTION WHEN WORKING NEAR UNDERGROUND UTILITIES. 3. A MINIMUM OF 2% SLOPE SHALL BE PROVIDED AWAY FROM ALL STRUCTURES. 4. CONTRACTOR SHALL FINE GRADE AREAS TO ACHIEVE FINAL CONTOURS AS INDICATED. LEAVE AREAS TO RECEIVE TOPSOIL 3" BELOW FINAL FINISHED GRADE IN PLANTING AREAS AND 1" BELOW FINAL FINISHED GRADE IN LAWN AREAS. 5. LANDSCAPE ISLANDS SHALL BE CROWNED, AND UNIFORM THROUGHOUT THE SITE. 6. PLANTING AREAS AND SOD TO BE SEPARATED BY STEEL EDGING. NO STEEL EDGING SHALL BE INSTALLED ADJACENT TO BUILDINGS, WALKS OR CURBS. EDGING NOT TO BE MORE THAN 1/2" ABOVE FINISHED GRADE. 7. EDGING SHALL BE CUT AT 45 DEGREE ANGLE WHERE IT INTERSECTS WALKS AND/OR CURBS. 8. MULCH SHALL BE INSTALLED AT 1/2" BELOW THE TOPS OF SIDEWALKS AND CURBING. 9. QUANTITIES ON THESE PLANS ARE FOR REFERENCE ONLY. THE SPACING OF PLANTS SHOULD BE AS INDICATED ON PLANS OR OTHERWISE NOTED. ALL TREES AND SHRUBS SHALL BE PLANTED PER DETAILS. 10. CONTAINER GROWN PLANT MATERIAL IS PREFERRED HOWEVER BALL AND BURLAP PLANT MATERIAL CAN BE SUBSTITUTED IF NEED BE AND IS APPROPRIATE TO THE SIZE AND QUALITY INDICATED ON THE PLANT MATERIAL LIST. 11. TREES SHALL BE PLANTED AT A MINIMUM OF 5' FROM ANY UTILITY LINE, SIDEWALK OR CURB. TREES SHALL ALSO BE 10' CLEAR FROM FIRE HYDRANTS. 12. 4" OF SHREDDED HARDWOOD MULCH (2" SETTLED THICKNESS) SHALL BE PLACED OVER WEED BARRIER FABRIC. MULCH SHALL BE SHREDDED HARDWOOD MULCH OR APPROVED EQUAL, PINE STRAW MULCH IS PROHIBITED. 13. WEED BARRIER FABRIC SHALL BE USED IN PLANT BEDS AND AROUND ALL TREES AND SHALL BE MIRAFI 1405 WEED BARRIER OR APPROVED EQUAL. 14. CONTRACTOR TO PROVIDE UNIT PRICING OF LANDSCAPE MATERIALS AND BE RESPONSIBLE FOR OBTAINING ALL LANDSCAPE AND IRRIGATION PERMITS. 1. ALL REQUIRED LANDSCAPE AREAS SHALL HAVE AN AUTOMATIC IRRIGATION SYSTEM WITH A FREEZE/RAIN SENSOR. SYSTEM SHALL ALSO HAVE AN ET WEATHER BASED CONTROLLER AND BE DESIGNED AND INSTALLED BY A LICENSED IRRIGATOR. MAINTENANCE REQUIREMENTS: 1. VEGETATION SHOULD BE INSPECTED REGULARLY TO ENSURE THAT PLANT MATERIAL IS ESTABLISHING PROPERLY AND REMAINS IN A HEALTHY GROWING CONDITION APPROPRIATE FOR THE SEASON. IF DAMAGED OR REMOVED, PLANTS MUST BE REPLACED BY A SIMILAR VARIETY AND SIZE. 2. MOWING, TRIMMING, EDGING AND SUPERVISION OF WATER APPLICATIONS SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR UNTIL THE OWNER OR OWNER'S REPRESENTATIVE ACCEPTS AND ASSUMES REGULAR MAINTENANCE. 3. ALL LANDSCAPE AREAS SHOULD BE CLEANED AND KEPT FREE OF TRASH, DEBRIS, WEEDS AND OTHER MATERIAL. MISCELLANEOUS MATERIALS: 1. STEEL EDGING SHALL BE 3/16" X 4 X 16' DARK GREEN DURAEDGE STEEL LANDSCAPE EDGING UNLESS NOTED OTHERWISE ON PLANS/DETAILS. PRUNING AND TRIMMING NOTES 1. CONTRACTOR SHALL PRUNE ALL EXISTING TREES ON-SITE USING STANDARD GUIDELINES IN THE INDUSTRY. 2. ALL TREES SHALL BE TRIMMED SO THAT NATURAL SHAPES OF THE PLANTS ARE RETAINED. 3. DO NOT'TOP' OR'HEAD' TREES. 4. IF BALLING OR SHEARING OF TREES HAS OCCURRED IN THE PAST, DISCONTINUE THIS PRACTICE AND ALLOW PLANTS TO GROW INTO NATURAL SHAPE. 5. REMOVE SUCKERS, DEAD, DYING, DISEASED, BROKEN AND / OR WEAK BRANCHES FROM ALL TREES ALONG THE MAIN TRUNK STRUCTURE AND WITHIN THE BRANCHING AREA. 6. CONTRACTOR SHALL PRUNE EXISTING DECIDUOUS HARDWOOD BY REMOVING LOWER LIMBS TO RAISE THE CANOPY. THE BOTTOM OF THE CANOPY SHALL BE RAISED TO 12'-0" ABOVE GRADE FOR DECIDUOUS HARDWOOD TREES, WHEN POSSIBLE. THE INTEGRITY OF THE CANOPY AND STRUCTURE OF THE TREE SHALL BE MAINTAINED. DO NOT CUT OR PRUNE CENTRAL LEADERS. 7. CONTRACTOR SHALL THIN THE CANOPY BY ONE-FOURTH. PRUNE TREE TO EVENLY SPACE BRANCHES WITHIN THE CANOPY WHENEVER POSSIBLE. REMOVE THOSE LIMBS THAT CROSS OTHERS, DOUBLE LEADERS AND THOSE THAT EXCESSIVELY EXTEND BEYOND THE NATURAL CROWN OF THE TREE. 8. CONTRACTOR SHALL PROVIDE DEEP ROOT FEEDING AND INVIGORATION OF EXISTING TREES. THIS SHALL BE ORGANIC BASED NUTRIENTS BASED FOR ROOT GROWTH AND LEAF GROWTH STIMULATION. 9. CONTRACTOR SHALL BE REQUIRED TO CHIP ALL REMOVED BRANCHES, LEAFS, ETC. QTY LABEL COMMON NAME SCIENTIFIC NAME SIZE NOTES North Prop Line: (10') 87.4' = 2 trees 2 proposed trees; 4 ornamental trees SHADE TREES 1 existing tree; 3 proposed trees; 6 ornamental trees screening screening provided 9 RO Texas Red Oak Quercus texana 3" cal. 12' ht., 4' spread, matching ORNAMENTALTREES 16 CM Crepe Myrtle 'Tuscarora' Lagerstromia indica 'Tuscarora' 3" cal. 8' ht. 3' spread, matching SHRUBS 38 WL Waxleaf Ligustrum Ligustrum japonicum 5 gal. full, 30" sprd, 40" o.c. GROUNDCOVER/VI NES/GRASS Bermuda Solid Sod Cynodon dactylon Plant list is an aid to bidders only. Contractor shall verify all quantities on plan. All heights and spreads are minimums. Trees shall have a strong central leader and be of matching specimens. All plant material shall meet or exceed remarks as indicated. CITY OF COPPELL, TEXAS 1. Street Frontage: One tree shall be provided for every 40 Lf. 2. Perimeter Landscape: One tree shall be provided for every 50 Lf. 3. 30" ht screen along perimeter Required Provided 7133 s.f. 7133 s.f. Bethel Road (16): 86.37' = 2 trees 2 existing trees West Prop Line (10'): 306' = 6 trees 2 existing trees; 3 proposed trees, 6 ornamental trees North Prop Line: (10') 87.4' = 2 trees 2 proposed trees; 4 ornamental trees East Prop Line: (10') 309' = 6 trees 1 existing tree; 3 proposed trees; 6 ornamental trees screening screening provided 1. 10% of parking area to be landscape 2. One tree shall be provided for every 400 s.f. of required landscape area 2181 s.f. of parking area Required Provided 218 s.f. 218 s.f. 1 trees 1 tree 1. 15% of lot not covered by buildings to be landscape open space. One tree shall be provided for every 2500 s.f. of open space 23718 s.f. of site - 3330 s.f. building = Required Provided 3058.2 s.f. 3602 s.f. 1 trees 1 existing tree; 1 proposed tree GRAPHIC SCALE 0 10 20 FEET WNW - Scale 1 "=10' - 0" NNDSCgpe Rieti y Q cwn� `ll�x 275A_CO <11 Project Number: 20081 Drawn By: AWR Checked By: AWR Issue Date: Revisions Sheet Title: LANDSCAPE PLAN Sheet Number: L1.02 SECTION 32 9300 - LANDSCAPE PART 1 - GENERAL 1.1 QUALIFICATIONS OF THE LANDSCAPE CONTRACTOR. A. ALL LANDSCAPE WORK SHOWN ON THESE PLANS SHALL BE PERFORMED BY A SINGLE FIRM SPECIALIZING IN LANDSCAPE PLANTING 1.2 REFERENCE DOCUMENTS A. REFER TO LANDSCAPE PLANS, NOTES, SCHEDULES AND DETAILS FOR ADDITIONAL REQUIREMENTS 1.3 SCOPE OF WORK DESCRIPTION OF WORK A. WORK COVERED BY THESE SECTIONS INCLUDES: FURNISH ALL SUPERVISIONS, LABOR, MATERIALS, SERVICES, EQUIPMENT AND APPLIANCES REQUIRED TO COMPLETE THE WORK COVERED IN CONJUNCTION WITH THE LANDSCAPING COVERED IN LANDSCAPE PLANS AND SPECIFICATIONS INCLUDING: 1. PLANTING (TREES, SHRUBS, GRASSES) 1. BED PREP AND FERTILIZATION 3. NOTIFICATION OF SOURCES 4. WATER AND MAINTENANCE UNTIL ACCEPTANCE 5. GUARANTEE B. ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH ALL APPLICABLE LAWS, CODES AND REGULATIONS REQUIRED BY AUTHORITIES HAVING JURISDICTION OVER SUCH WORK, INCLUDING ALL INSPECTIONS AND PERMITS REQUIRED BY FEDERAL, STATE AND LOCAL AUTHORITIES IN SUPPLY, TRANSPORTATION AND INSTALLATION OF MATERIALS. C. THE LANDSCAPE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITY LINES (WATER, SEWER, ELECTRICAL, TELEPHONE, GAS, CABLE, TELEVISION, ETC.) PRIOR TO THE START OF ANY WORK 1.4 REFERENCES A. AMERICAN STANDARD FOR NURSERY STOCK PUBLISHED BY AMERICAN ASSOCIATION OF NURSERYMEN; 27 OCTOBER 1980, EDITION; BY AMERICAN NATIONAL STANDARDS INSTUTUTE (Z60.1) - PLANT MATERIAL B. AMERICAN JOINT COMMITTEE ON HORTICULTURE NOMENCLATURE; 1942 EDITION OF STANDARDIZED PLANT NAMES. C. TEXAS ASSOCIATION OF NURSERYMEN, GRADES AND STANDARDS 1.5 SUBMITTALS A. PROVIDE REPRESENTATIVE QUANTITIES OF EACH SOIL, MULCH, BED MIX, GRAVEL AND STONE BEFORE INSTALLATION. SAMPLES TO BE APPROVED BY OWNER'S REPRESENTATIVE BEFORE USE. B. SOIL AMENDMENTS AND FERTILIZERS SHOULD BE RESEARCHED AND BASED ON THE SOILS IN THE AREA. C. BEFORE INSTALLATION, SUBMIT DOCUMENTATION THAT PLANT MATERIALS ARE AVAILABLE AND HAVE BEEN RESERVED. FOR ANY PLANT MATERIAL NOT AVAILABLE, SUBMIT REQUEST FOR SUBSTITUTION. 1.6 JOB CONDITIONS DELIVERY STORAGE AND HANDLING A. GENERAL CONTRACTOR TO COMPLETE WORK BEFORE LANDSCAPE CONTRACTOR TO COMMENCE. B. ALL PLANTING BED AREAS SHALL BE LEFT THREE INCHES BELOW FINAL GRADE OF SIDEWALKS, DRIVES AND CURBS. ALL AREAS TO RECEIVE SOLID SOD SHALL BE LEFT ONE INCH BELOW THE FINAL GRADE OF WALKS, DRIVES AND CURBS. CONSTRUCTION DEBRIS SHALL BE REMOVED PRIOR TO LANDSCAPE CONTRACTOR BEGINNING WORK C. STORAGE OF MATERIALS AND EQUIPMENT AT THE JOB SITE WILL BE AT THE RISK OF THE LANDSCAPE CONTRACTOR. THE OWNER CANNOT BE HELD RESPONSIBLE FOR THEFT OR DAMAGE. 1.7 SEQUENCING A. INSTALL TREES SHRUBS AND LINER STOCK PLANT MATERIALS PRIOR TO INSTALLATION OF LAWN/SOLID SOD. B. WHERE EXISTING TURF AREAS ARE BEING CONVERTED TO PLANTING BEDS, THE TURF SHALL BE CHEMICALLY ERADICATED TO MINIMIZE RE -GROWTH IN THE FUTURE. AREAS SHALL BE PROPERLY PREPARED WITH AMENDED ORGANIC MATTER. 1.8 MAINTENANCE AND GUARANTEE MAINTENANCE: A. THE LANDSCAPE CONTRACTOR SHALL BE HELD RESPONSIBLE FOR THE MAINTENANCE OF ALL WORK FROM THE TIME OF PLANTING UNTIL FINAL ACCEPTANCE BY OWNER. B. NO TREES, GRASS, GROUNDCOVER OR GRASS WILL BE ACCEPTED UNLESS THEY SHOW HEALTHY GROWTH AND SATISFACTORY FOLIAGE CONDITIONS. C. MAINTENANCE SHALL INCLUDE WATERING OF TREES AND PLANTS, CULTIVATION, WEED SPRAYING, EDGING, PRUNING OF TREES, MOWING OF GRASS, CLEANING UP AND ALL OTHER WORK NECESSARY FOR MAINTENANCE. D. A WRITTEN NOTICE REQUESTING FINAL INSPECTION AND ACCEPTANCE SHOULD BE SUBMITTED TO THE OWNER AT LEAST 7 DAYS PRIOR TO SE( = ROOT BALL & CONTAINER SIZE ANCHOR INSTALLATION DEPTH PLANTING HOLE 15 -BG TREE ROOT BALL 12 - 18" Minimum Depth ROOTANCHOR 301 TREE TRUNK 18 - 24" Minimum Depth U -BRACKET 45/65 -BG „S„ HOOK 24 - 30" Minimum Depth 3 - V68 Anchors PLAN COMPLETION. AN ON SITE INSPECTION BY THE OWNER'S AUTHORIZED REPRESENTATIVE WILL BE COMPLETED PRIOR TO WRITTEN ACCEPTANCE. E. NOTIFY OWNER OR OWNER'S REPRESENTATIVE SEVEN DAYS PRIOR TO THE EXPIRATION OF THE WARRANTY PERIOD. F. REMOVE DEAD, UNHEALTHY AND UNSIGHTLY PLANTS DURING WARRANTY PERIOD G. REMOVE GUYING AND STAKING MATERIALS AFTER ONE YEAR H. ALL LANDSCAPE MUST BE MAINTAINED AND GRASS MOWED/EDGED ON A WEEKLY SCHEDULE UNTIL ACCEPTANCE BY OWNER. REMOVE CLIPPINGS AND DEBRIS FROM SITE PROMPTLY. I. REMOVE TRASH, DEBRIS, AND LITTER. WATER, PRUNE, RESTAKE TREES, FERTILIZE, WEED AND APPLY HERBICIDES AND FUNGICIDES AS REQUIRED. J. COORDINATE THE OPERATION OF IRRIGATION SYSTEM TO ENSURE THAT PLANTS ARE ADEQUATELY WATERED. HAND WATER AREAS NOT RECEIVING ADEQUATE WATER FROM AN IRRIGATION SYSTEM. K. THE LANDSCAPE CONTRACTOR SHALL MAINTAIN THE IRRIGATION SYSTEM IN ACCORDANCE TO THE MAINTENANCE SERVICE TO ENSURE THE SYSTEM IS IN PROPER WORKING ORDER WITH SCHEDULING ADJUSTMENTS BY SEASON TO MAXIMIZE WATER CONSERVATION. L. REAPPLY MULCH TO BARE AND THIN AREAS. M. SHOULD SEEDED AND/OR SODDED AREAS NOT BE COVERED BY AN AUTOMATIC IRRIGATION SYSTEM, THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR WATERING THESE AREAS AND OBTAINING A FULL, HEALTHY STAND OF GRASS AT NO ADDITIONAL COST TO THE OWNER. N. TO ACHIEVE FINAL ACCEPTANCE AT THE END OF THE MAINTENANCE PERIOD, ALL OF THE FOLLOWING CONDITIONS MUST OCCUR: a. THE LANDSCAPE SHALL SHOW ACTIVE, HEALTHY GROWTH (WITH EXCEPTIONS MADE FOR SEASONAL DORMANCY). ALL PLANTS NOT MEETING THIS CONDITION SHALL BE REJECTED AND REPLACED BY HEALTHY PLANT MATERIAL PRIOR TO FINAL ACCEPTANCE. b. ALL HARDSCAPE SHALL BE CLEANED PRIOR TO FINAL ACCEPTANCE. c. SODDED AREAS MUST BE ACTIVELY GROWING AND MUST REACH A MINIMUM HEIGHT OF 1 1/2 INCHES BEFORE FIRST MOWING. HYDROMULCHED AREAS SHALL SHOW ACTIVE, HEALTHY GROWTH. BARE AREAS LARGER THAN TWELVE SQUARE INCHES MUST BE RESODDED OR RESEEDED (AS APPROPRIATE) PRIOR TO FINAL ACCEPTANCE. ALL SODDED TURF SHALL BE NEATLY MOWED. GUARANTEE A. TREES, SHRUBS, GROUNDCVOER SHALL BE GUARANTEED (IN WRITING) FOR A 12 MONTH PERIOD (90 DAYS FOR ANNUAL PLANTING OR AT THE END OF THE SEASONAL COLOR GROWING SEASON, WHICHEVER COMES SOONER) AFTER FINAL ACCEPTANCE. THE CONTRACTOR SHALL REPLACE ALL DEAD MATERIALS AS SOON AS WEATHER PERMITS AND UPON NOTIFICATION OF THE OWNER. B. PLANTS INCLUDING TREES, WHICH HAVE PARTIALLY DIED SO THAT SHAPE, SIZE OR SYMMETRY HAVE BEEN DAMAGED SHALL BE CONSIDERED SUBJECT TO REPLACEMENT. IN SUCH CASES, THE OPINION OF THE OWNER SHALL BE FINAL. C. PLANTS USED FOR REPLACEMENT SHALL BE OF THE SAME SIZE AND KIND AS THOSE ORIGINALLY PLANTED OR SPECIFIED. ALL WORK INCLUDING MATERIALS, LABOR AND EQUIPMENT USED IN REPLACEMENTS SHALL CARRY A 12 MONTH GUARANTEE. ANY DAMAGE INCLUDING RUTS IN LAWN OR BED AREAS INCURRED AS A RESULT OF MAKING REPLACEMENTS SHALL BE IMMEDIATELY REPAIRED. D. WHEN PLANT REPLACEMENTS ARE MADE, PLANTS, SOIL MIX, FERTILIZER AND MULCH ARE TO BE UTILIZED AS ORIGINALLY SPECIFIED AND RE -INSPECTED FOR FULL COMPLIANCE WITH THE CONTRACT REQUIREMENTS. ALL REPLACEMENTS ARE INCLUDED UNDER "WORK" OF THIS SECTION. E. THE OWNER AGREES THAT FOR THE ONE YEAR WARRANTY PERIOD TO BE EFFECTIVE, HE WILL WATER PLANTS AT LEAST TWICE A WEEK DURING DRY PERIODS. F. THE ABOVE GUARANTEE SHALL NOT APPLY WHERE PLANTS DIE AFTER ACCEPTANCE BECAUSE OF DAMAGE DUE TO ACTS OF GOD, VANDALISM, INSECTS, DISEASE, INJURY BY HUMANS, MACHINES, THEFT OR NEGLIGENCE BY OWNER. G. ACCEPTANCE FOR ALL LANDSCAPE WORK SHALL BE GIVEN AFTER FINAL INSPECTION BY THE OWNER PROVIDED THE JOB IS IN A COMPLETE, UNDAMAGED CONDITION AND THERE IS A STAND OF GRASS IN ALL LAWN AREAS. AT THAT TIME, THE OWNER WILL ASSUME MAINTENANCE ON THE ACCEPTED WORK. 1.9 QUALITY ASSURANCE A. COMPLY WITH ALL FEDERAL, STATE, COUNTY AND LOCAL REGULATIONS GOVERNING LANDSCAPE MATERIALS AND WORK. B. EMPLOY PERSONNEL EXPERIENCED AND FAMILIAR WITH THE REQUIRED WORK AND SUPERVISION BY A FOREMAN. C. MAKE CONTACT WITH SUPPLIERS IMMEDIATELY UPON OBTAINING NOTICE OF CONTRACT ACCEPTANCE TO SELECT AND BOOK MATERIALS. D. DEVELOP A PROGRAM OF MAINTENANCE (PRUNING AND FERTILIZATION) DETAIL A "S" HOOK TIGHTENING STRAP DRIVE ROD ANCHOR WHICH WILL ENSURE THE PURCHASED MATERIALS WILL MEET AND/OR EXCEED PROJECT SPECIFICATIONS. E. DO NOT MAKE PLANT MATERIAL SUBSTITUTIONS. IF THE LANDSCAPE MATERIAL SPECIFIED IS NOT READILY AVAILABLE, SUBMIT PROOF TO LANDSCAPE ARCHITECT ALONG WITH THE PROPOSED MATERIAL TO BE USED IN LIEU OF THE SPECIFIED PLANT. F. AT THE TIME BIDS ARE SUBMITTED, THE CONTRACTOR IS ASSUMED TO HAVE LOCATED THE MATERIALS NECESSARY TO COMPLETE THE JOB AS SPECIFIED. G. OWNER'S REPRESENTATIVE SHALL INSPECT ALL PLANT MATERIAL AND RETAINS THE RIGHT TO INSPECT MATERIALS UPON ARRIVAL TO THE SITE AND DURING INSTALLATION. THE OWNER'S REPRESENTATIVE MAY ALSO REJECT ANY MATERIALS HE/SHE FEELS TO BE UNSATISFACTORY OR DEFECTIVE DURING THE WORK PROCESS. ALL PLANTS DAMAGED IN TRANSIT OR AT THE JOB SITE SHALL BE REJECTED. 1.10 PRODUCT DELIVERY, STORAGE AND HANDLING A. PREPARATION 1. BALLED AND BURLAPPED B&B PLANTS): DIG AND PREPARE SHIPMENT IN A MANNER THAT WILL NOT DAMAGE ROOTS, BRANCHES, SHAPE AND FUTURE DEVELOPMENT. 2. CONTAINER GROWN PLANTS: DELIVER PLANTS IN RIGID CONTAINER TO HOLD BALL SHAPE AND PROTECT ROOT MASS. B. DELIVERY 1. DELIVER PACKAGED MATERIALS IN SEALED CONTAINERS SHOWING WEIGHT, ANALYSIS AND NAME OF MANUFACTURER. PROTECT MATERIALS FROM DETERIORATION DURING DELIVERY AND WHILE STORED ON SITE. 2. DELIVER ONLY PLANT MATERIALS THAT CAN BE PLANTED IN ONE DAY UNLESS ADEQUATE STORAGE AND WATERING FACILITIES ARE AVAILABLE ON SITE 3. PROTECT ROOT BALLS BY HEELING IN WITH SAWDUST OR OTHER APPROVED MOISTURE RETAINING MATERIAL IF NOT PLANTED WITHIN 24 HOURS OF DELIVERY. 4. PROTECT PLANTS DURING DELIVERY TO PREVENT DAMAGE TO ROOT BALL OR DESICCATION OF LEAVES. 5. KEEP PLANTS MOIST AT ALL TIMES. COVER ALL MATERIALS DURING TRANSPORT. 6. NOTIFY OWNERS REPRESENTATIVE OF DELIVERY 72 HOURS PRIOR TO DELIVERY OF PLANT MATERIAL AT JOB SITE. 7. REMOVE REJECTED PLANT MATERIAL IMMEDIATELY FROM JOB SITE. 8. TO AVOID DAMAGE OR STRESS, DO NOT LIFT, MOVE, ADJUST TO PLUMB, OR OTHERWISE MANIPULATE PLANTS BY TRUNK OR STEMS. PART 2 -PRODUCTS 2.1 PLANT MATERIALS A. GENERAL: WELL FORMED NO. 1 GRADE OR BETTER NURSERY GROWN STOCK. LISTED PLANT HEIGHTS ARE FROM TOPS OF FOOT BALLS TO NOMINAL TOPS OF PLANTS. PLANT SPREAD REFERS TO NOMINAL OUTER WIDTH OF THE PLANT NOT THE OUTER LEAF TIPS. PLANTS SHALL BE INDIVIDUALLY APPROVED BY THE OWNERS REPRESENTATIVE AND THEIR DECISION AS TO THEIR ACCEPTABILITY SHALL BE FINAL. B. QUANTITIES: THE DRAWINGS AND SPECIFICATIONS ARE COMPLIMENTARY. ANYTHING CALLED FOR ON ONE AND NOT THE OTHER IS AS BINDING AS IF SHOWN AND CALLED FOR ON BOTH. THE PLANT SCHEDULE IS AN AID TO BIDDERS ONLY. CONFIRM ALL QUANTITIES ON PLAN. C. QUANTITIES AND SIZE: PLANT MATERIALS SHALL CONFORM TO THE SIZE GIVEN ON THE PLAN AND SHALL BE HEALTHY WELL SHAPED FULL BRANCHED AND WELL ROOTED. SYMMETRY IS ALSO IMPERATIVE. PLANTS SHALL BE FREE FROM INSECTS, INJURY, DISEASE, BROKEN BRANCHES, DISFIGUREMENTS, INSECT EGGS AND ARE TO BE OF SPECIMEN QUALITY. D. APPROVAL: ALL PLANTS WHICH ARE FOUND UNSUITABLE IN GROWTH OR ARE UNHEALTHY, BADLY SHAPED OR UNDERSIZED WILL BE REJECTED BY THE OWNERS REPRESENTATIVE EITHER BEFORE OR AFTER PLANTING AND SHALL BE REMOVED AT THE EXPENSE OF THE LANDSCAPE CONTRACTOR AND REPLACED WITH ACCEPTABLE SPECIMENS. E. TREES SHALL BE HEALTHY, FULL BRANCHED, WELL SHAPED AND SHALL MEET THE MINIMUM REQUIREMENTS AS SPECIFIED ON THE PLANT SCHEDULE. ALL TREES SHALL BE OBTAINED FROM SOURCES WITHIN 200 MILES OF THE PROJECT SITE IF POSSIBLE, AND WITH SIMILAR CLIMACTIC CONDITIONS. F. PRUNING: ALL PRUNING OF TREES AND SHRUBS SHALL BE EXECUTED BY THE LANDSCAPE CONTRACTOR AT NO ADDITIONAL COST TO THE OWNER, PRIOR TO FINAL ACCEPTANCE. G. PLANTS SHALL CONFORM TO THE MEASUREMENTS SPECIFIED, EXCEPT THE PLANTS LARGER THAN THOSE SPECIFIED MAY BE USED. USE OF LARGER PLANTS SHALL NOT INCREASE THE CONTRACT PRICE. H. WHERE MATERIALS ARE PLANTED IN MASSES, PROVIDE PLANTS OF UNIFORM SIZE. I. ROOT SYSTEMS SHALL BE HEALTHY. DENSELY BRANCHED. FIBROUS ROOT ROOT ANCHOR ITEM# ROOT BALL & CONTAINER SIZE ANCHOR INSTALLATION DEPTH QUANTITY & ANCHOR SIZE 15 -BG 10 115 Gallon or 17" root ball 12 - 18" Minimum Depth 3 - V68 Anchors 301 20 139 Gallon or 22" root ball 18 - 24" Minimum Depth 3 - V68 Anchors 45/65 -BG 45 / 65 Gallon or 27-30" root ball 24 - 30" Minimum Depth 3 - V68 Anchors 100 -BG 95 / 100 Gallon or 36" root ball 30 - 36" Minimum Depth 3 - V68 Anchors 150BG150 Gallon or 42" root ball 48" Minimum Depth 3 - V68 Anchors 200 -BG 200 Gallon or 48" root ball 48" Minimum Depth 3 - V88 Anchors 300 -BG 300 Gallon or 58" root ball 48" Minimum Depth 3 - V88 Anchors CUSTOM -BG Root Balls larger than 60" TBD w • SET TREE IN PLANTING PIT • DRIVE ANCHOR STRAIGHT DOWN INTO • PLACE ANCHOR WITH RING SIDE DOWN AGAINST TOP OF ROOT UNDISTURBED SUBBASE SOIL BALL • SEE CHART FOR RECOMMENDED DEPTHS • CENTER ROOT ANCHOR'S INNER RING(S) AROUND TRUNK OF TREE PER TREE SIZE • ALIGN DRIVE ROD AS CLOSE AS POSSIBLE TO OUTSIDE EDGE OF U -BRACKET Tree �iootAnchor Stake Underyround ire• SUPPM N.T.S. TREE STAKE SOLUTIONS, LLC. 9973 FM 521 Road Phone: 281-778-1400 Rosharon, Texas 77583 Mobile: 903-676-6143 www.treestakesolutions.com Fax: 281-778-1425 • REMOVE DRIVE ROD • REPEAT STEPS 1 & 2 FOR ALL THREE (3) ANCHOR LOCATIONS • PULL BACK ON STRAP APPROXIMATELY 3" FOR THE V-68 ANCHOR, OR 6" TO 7" FOR THE V-88 ANCHOR TO SET ANCHOR INTO A HORIZONTAL OR LOCKED POSITION. A FULCRUM MAY BE REQUIRED TO ASSIST IN SETTING THE ANCHOR. • PLACE "S" HOOK OVER THE END OF THE U -BRACKET • PULL STRAP UP VERTICALLY UNTIL ROOT ANCHOR RINGS BITE INTO THE TOP OF THE ROOT BALL AND U -BRACKETS ARE SETTING FLUSH ON TOP OF THE ROOT BALL • TIE EXCESS STRAP OFF TO THE U -BRACKET ALLOWING ENOUGH REMAINING STRAP TO ADJUST TREE, IF NECESSARY TOP OF MULCH SHOULD BE, AT MINIMUM, 1/2" BELOW WALK OR CURBING CURB OR SIDEWALK, NO STEEL EDGING ALONG WALK, TYP.I SYSTEMS, NON -POT-BOUND, FREE FROM ENCIRCLING AND/OR GIRDLING ROOTS, AND FREE FROM ANY OTHER ROOT DEFECTS (SUCH AS J -SHAPED ROOTS). J. ALL TREES SHALL BE STANDARD IN FORM, UNLESS OTHERWISE SPECIFIED. TREES WITH CENTRAL LEADERS WILL NOT BE ACCEPTED IF LEADER IS DAMAGED OR REMOVED. PRUNE ALL DAMAGED TWIGS AFTER PLANTING K. TREE TRUNKS TO BE STURDY, EXHIBIT HARDENED SYSTEMS AND VIGOROUS AND FIBROUS ROOT SYSTEMS, NOT ROOT OR POT BOUND. L. TREES WITH DAMAGED OR CROOKED LEADERS, BARK ABRASIONS, SUNSCALD, DISFIGURING KNOTS, OR\INSECT DAMAGE WILL BE REJECTED. M. CALIPER MEASUREMENTS FOR STANDARD (SINGLE TRUNK) TREES SHALL BE AS FOLLOWS: SIX INCHES ABOVE THE ROOT FLARE FOR TREES UP TO AND INCLUDING FOUR INCHES IN CALIPER, AND TWELVE INCHES ABOVE THE ROOT FLARE FOR TREES EXCEEDING FOUR INCHES IN CALIPER N. MULTI -TRUNK TREES SHALL BE MEASURED BY THEIR OVERALL HEIGHT, MEASURED FROM THE TOP OF THE ROOT BALL. O. ANY TREE OR SHRUB SHOWN TO HAVE EXCESS SOIL PLACED ON TOP OF THE ROOT BALL, SO THAT THE ROOT FLARE HAS BEEN COMPLETELY COVERED, SHALL BE REJECTED. P. SOD: PROVIDE WELL -ROOTED SOD OF THE VARIETY NOTED ON THE PLANS. SOD SHALL BE CUT FROM HEALTHY, MATURE TURF WITH SOIL THICKNESS OF 3/4" TO 1". EACH PALLET OF SOD SHALL BE ACCOMPANIED BY A CERTIFICATE FROM SUPPLIER STATING THE COMPOSITION OF THE SOD. 2.2 SOIL PREPARATION MATERIALS A. SANDY LOAM: 1. FRIABLE, FERTILE, DARK, LOAMY SOIL, FREE OF CLAY LUMPS, SUBSOIL, STONES AND OTHER EXTRANEOUS MATERIAL AND REASONABLY FREE OF WEEDS AND FOREIGN GRASSES. LOAM CONTAINING DALLASGRASS OR NUTGRASS SHALL BE REJECTED. 2. PHYSICAL PROPERTIES AS FOLLOWS: a. CLAY - BETWEEN 7-27% b. SILT - BETWEEN 15-25% c. SAND - LESS THAN 52% 3. ORGANIC MATTER SHALL BE 3%-10% OF TOTAL DRY WEIGHT. 4. IF REQUESTED, LANDSCAPE CONTRACTOR SHALL PROVIDE A CERTIFIED SOIL ANALYSIS CONDUCTED BY AN APPROVED SOIL TESTING LABORATORY VERIFYING THAT SANDY LOAM MEETS THE ABOVE REQUIREMENTS. B. ORGANIC MATERIAL: COMPOST WITH A MIXTURE OF 80% VEGETATIVE MATTER AND 20% ANIMAL WASTE. INGREDIENTS SHOULD BE A MIX OF COURSE AND FINE TEXTURED MATERIAL. C. PREMIXED BEDDING SOIL AS SUPPLIED BY VITAL EARTH RESOURCES GLADEWATER, TEXAS; PROFESSIONAL BEDDING SOIL AS SUPPLIED BY LIVING EARTH TECHNOLOGY, DALLAS, TEXAS OR ACID GRO MUNICIPAL MIX AS SUPPLIED BY SOIL BUILDING SYSTEMS, DALLAS, TEXAS OR APPROVED EQUAL. D. SHARP SAND: SHARP SAND MUST BE FREE OF SEEDS, SOIL PARTICLES AND WEEDS. E. MULCH: DOUBLE SHREDDED HARDWOOD MULCH, PARTIALLY DECOMPOSED, DARK BROWN. F. ORGANIC FERTILIZER: FERTILAID, SUSTANE, OR GREEN SENSE OR EQUAL AS RECOMMENDED FOR REQUIRED APPLICATIONS. FERTILIZER SHALL BE DELIVERED TO THE SITE IN ORIGINAL UNOPENED CONTAINERS, EACH BEARING THE MANUFACTURER'S GUARANTEED STATEMENT OF ANALYSIS. G. COMMERCIAL FERTILIZER: 10-20-10 OR SIMILAR ANALYSIS. NITROGEN SOURCE TO BE A MINIMUM 50% SLOW RELEASE ORGANIC NITROGEN (SCU OR UF) WITH A MINIMUM 8% SULFUR AND 4% IRON, PLUS MICRONUTRIENTS. H. PEAT: COMMERCIAL SPHAGNUM PEAT MOSS OR PARTIALLY DECOMPOSED SHREDDED PINE BARK OR OTHER APPROVED ORGANIC MATERIAL. 2.3 MISCELLANEOUS MATERIALS A. STEEL EDGING - SHALL BE 3/16" X 4" X 16" DARK GREEN LANDSCAPE EDGING. DURAEDGE STEEL OR APPROVED EQUAL. B. TREE STAKING - TREE STAKING SOLUTIONS OR APPROVED SUBSTITUTE; REFER TO DETAILS. C. FILTER FABRIC - MIRAFI 1405 BY MIRAFI INC. OR APPROVED SUBSTITUTE. AVAILABLE AT LONE STAR PRODUCTS, INC. (469-523-0444) D. SAND - UNIFORMLY GRADED, WASHED, CLEAN, BANK RUN SAND. E. GRAVEL: WASHED NATIVE PEA GRAVEL, GRADED 1" TO 1.5" F. DECOMPOSED GRANITE - BASE MATERIAL OF NATURAL MATERIAL MIX OF GRANITE AGGREGATE NOT TO EXCEED 1/8" IN DIAMETER COMPOSED OF VARIOUS STAGES OF DECOMPOSED EARTH BASE. G. RIVER ROCK - LOCALLY AVAILABLE NATIVE RIVER ROCK BETWEEN 2"4" IN DIAMETER. H. PRE -EMERGENT HERBICIDES: ANY GRANULAR, NON -STAINING (fit u/ �7`0 ' ,i<^n L1111 V SHRUB PLANTING N.T.S. STEEL EDGING DETAIL N.T.S. SHRUBS OR GROUNDCOVER AS SPECIFIED ON PLAN (11 ,/CIJ cli G 1• LAYER OF MULCH, SETTLED THICKNESS SHOULD BE 2" MIN. ROOT BALL, DO NOT DISTURB PRE -EMERGENT HERBICIDE THAT IS LABELED FOR THE SPECIFIC ORNAMENTALS OR TURF ON WHICH IT WILL BE UTILIZED. PRE -EMERGENT HERBICIDES SHALL BE APPLIED PER THE MANUFACTURER'S LABELED RATES. PART 3 - EXECUTION 3.1 PREPARATION A. LANDSCAPE CONTRACTOR TO INSPECT ALL EXISTING CONDITIONS AND REPORT ANY DEFICIENCIES TO THE OWNER. B. ALL PLANTING AREAS SHALL BE CONDITIONED AS FOLLOWS: 1. PREPARE NEW PLANTING BEDS BY SCRAPING AWAY EXISTING GRASS AND WEEDS AS NECESSARY. TILL EXISTING SOIL TO A DEPTH OF SIX 16") INCHES PRIOR TO PLACING COMPOST AND FERTILIZER. APPLY FERTILIZER AS PER MANUFACTURER'S RECOMMENDATIONS. ADD SIX (6") INCHES OF COMPOST AND TILL INTO A DEPTH OF SIX 16") INCI[;R OF SPECIFIED MULCH (SETTLED THICKNESS). 3. BACKFILL FOR TREE PITS SHALL BE AS FOLLOWS: USE EXISTING TOP SOIL ON SITE (USE IMPORTED TOPSOIL AS NEEDED) FREE FROM LARGE CLUMPS, ROCKS, DEBRIS, CALICHE, SUBSOILS, ETC., PLACED IN NINE (9") INCH LAYERS AND WATERED IN THOROUGHLY. C. GRASS AREAS: 1. BLOCKS OF SOD SHOULD BE LAID JOINT TO JOINT (STAGGERED JOINTS) AFTER FERTILIZING THE GROUND FIRST. ROLL GRASS AREAS TO ACHIEVE A SMOOTH, EVEN SURFACE. THE JOINTS BETWEEN THE BLOCKS OF SOD SHOULD BE FILLED WITH TOPSOIL WHERE THEY ARE GAPED OPEN, THEN WATERED THOROUGHLY. 3.2 INSTALLATION A. MAINTENANCE OF PLANT MATERIALS SHALL BEGIN IMMEDIATELY AFTER EACH PLANT IS DELIVERED TO THE SITE AND SHALL CONTINUE UNTIL ALL CONSTRUCTION HAS BEEN SATISFACTORILY ACCOMPLISHED. B. PLANT MATERIALS SHALL BE DELIVERED TO THE SITE ONLY AFTER THE BEDS ARE PREPARED AND AREAS ARE READY FOR PLANTING. ALL SHIPMENTS OF NURSERY MATERIALS SHALL BE THOROUGHLY PROTECTED FROM THE WINDS DURING TRANSIT. ALL PLANTS WHICH CANNOT BE PLANTED AT ONCE AFTER DELIVERY TO THE SITE SHALL BE WELL PROTECTED AGAINST THE POSSIBILITY OF DRYING BY WIND AND BALLS OF EARTH OF B & B PLANTS SHALL BE KEPT COVERED WITH SOIL OR OTHER ACCEPTABLE MATERIAL. ALL PLANTS REMAIN THE PROPERTY OF THE CONTRACTOR UNTIL FINAL ACCEPTANCE. C. POSITION THE TREES AND SHRUBS IN THEIR INTENDED LOCATION AS PER PLAN. D. NOTIFY THE OWNER'S AUTHORIZED REPRESENTATIVE FOR INSPECTION AND APPROVAL OF ALL POSITIONING OF PLANT MATERIALS. E. EXCAVATE PITS WITH VERTICAL SIDES AND HORIZONTAL BOTTOM. TREE PITS SHALL BE LARGE ENOUGH TO PERMIT HANDLING AND PLANTING WITHOUT INJURY TO BALLS OF EARTH OR ROOTS AND SHALL BE OF SUCH DEPTH THAT,WHEN PLANTED AND SETTLED, THE CROWN OF THE PLANT SHALL BEAR THE SAME RELATIONSHIP TO THE FINISH GRADE AS IT DID TO SOIL SURFACE IN ORIGINAL PLACE OF GROWTH. THE SIDES OF THE HOLE SHOULD BE ROUGH AND JAGGED, NEVER SLICK OR GLAZED. F. SHRUB AND TREE PITS SHALL BE NO LESS THAN TWENTY-FOUR24" 1 1 INCHES WIDER THAN THE LATERAL DIMENSION OF THE EARTH BALL AND SIX (6") INCHES DEEPER THAN IT'S VERTICAL DIMENSION. REMOVE AND HAUL FROM SITE ALL ROCKS AND STONES OVER THREE-QUARTER l INCH IN DIAMETER. PLANTS SHOULD BE THOROUGHLY MOIST BEFORE REMOVING CONTAINERS. G. PERCOLATION TEST: FILL THE HOLE WITH WATER. IF THE WATER LEVEL DOES NOT PERCOLATE WITHIN 24 HOURS, THE TREE NEEDS TO MOVE TO ANOTHER LOCATION OR HAVE DRAINAGE ADDED. INSTALL A PVC STAND PIPE PER TREE IF THE PERCOLATION TEST FAILS. H. BACKFILL ONLY WITH 5 PARTS EXISTING SOIL OR SANDY LOAM AND 1 PART BED PREPARATION. WHEN THE HOLE IS DUG IN SOLID ROCK, TOPSOIL FROM THE SAME AREA SHOULD NOT BE USED. CAREFULLY SETTLE BY WATERING TO PREVENT AIR POCKETS. REMOVE THE BURLAP FROM THE TOP Y3 OF THE BALL, AS WELL AS ALL NYLON, PLASTIC STRING AND WIRE. CONTAINER TREES WILL USUALLY BE ROOT BOUND, IF SO FOLLOW STANDARD NURSERY PRACTICE OF 'ROOT SCORING'. I. DO NOT WRAP TREES. J. DO NOT OVER PRUNE. K. REMOVE NURSERY TAGS AND STAKES FROM ALL PLANTS L. REMOVE BOTTOM OF PLANT BOXES PRIOR TO PLACING PLANTS. REMOVE SIDES AFTER PLACEMENT AND PARTIAL BACKFILLING. M. REMOVE UPPER THIRD OF BURLAP FROM BALLED AND BURLAPPED TREES AFTER PLACEMENT. N. PLACE PLANT UPRIGHT AND PLUMB IN CENTER OF HOLE. ORIENT PLANTS FOR BEST APPEARANCE. O. MULCH THE TOP OF THE BALL. DO NOT PLANT GRASS ALL THE WAY X1/2" MAXIMUM ANTING SOIL MIX. TILL IN WITH PARTS EXISTING SOIL, EXCLUDING LARGE -I I CLODS AND ROCKS. REF. LANDSCAPE UNDISTURBED SUBGRADE / NATIVE SOIL LAN FOR SPACING SHRUBS AND GROUNDCOVER REFER TO PLANS FOR PLANT TYPES PREPARED SOIL MIX PER SPECIFICATIONS MULCH PER SPECIFICATIONS 3/16" X 4" X 16" STEEL EDGING WITH STAKES 1/2" MAXIMUM LAWN NOTE: NO STEEL EDGING TO BE INSTALLED ALONG SIDEWALKS TO THE TRUNK OF THE TREE. LEAVE THE AREA ABOVE THE TOP OF THE BALL AND MULCH WITH AT LEAST TWO (2") INCHES OF SPECIFIED MULCH. P. ALL PLANT BEDS AND TREES TO BE MULCHED WITH A MINIMUM SETTLED THICKNESS OF TWO (2") INCHES OVER THE ENTIRE BED OR PIT. Q. OBSTRUCTION BELOW GROUND: IN THE EVENT THAT ROCK, OR UNDERGROUND CONSTRUCTION WORK OR OBSTRUCTIONS ARE ENCOUNTERED IN ANY PLANT PIT EXCAVATION WORK TO BE DONE UNDER THIS SECTION, ALTERNATE LOCATIONS MAY BE SELECTED BY THE OWNER. WHERE LOCATIONS CANNOT BE CHANGED, THE OBSTRUCTIONS SHALL BE REMOVED TO A DEPTH OF NOT LESS THAN THREE (3') FEET BELOW GRADE AND NO LESS THAN SIX (6") INCHES BELOW THE BOTTOM OF BALL WHEN PLANT IS PROPERLY SET AT THE REQUIRED GRADE. THE WORK OF THIS SECTION SHALL INCLUDE THE REMOVAL FROM THE SITE OF SUCH ROCK OR UNDERGROUND OBSTRUCTIONS ENCOUNTERED AT THE COST OF THE LANDSCAPE CONTRACTOR. R. TREES AND LARGE SHRUBS SHALL BE STAKED AS SITE CONDITIONS REQUIRE. POSITION STAKES TO SECURE TREES AGAINST SEASONAL PREVAILING WINDS. S. PRUNING AND MULCHING: PRUNING SHALL BE DIRECTED BY THE LANDSCAPE ARCHITECT AND SHALL BE PRUNED IN ACCORDANCE WITH STANDARD HORTICULTURAL PRACTICE FOLLOWING FINE PRUNING, CLASS I PRUNING STANDARDS PROVIDED BY THE NATIONAL ARBORIST ASSOCIATION. 1. DEAD WOOD, SUCKERS, BROKEN AND BADLY BRUISED BRANCHES SHALL BE REMOVED. GENERAL TIPPING OF THE BRANCHES IS NOT PERMITTED. DO NOT CUT TERMINAL BRANCHES. 2. PRUNING SHALL BE DONE WITH CLEAN, SHARP TOOLS. 3. IMMEDIATELY AFTER PLANTING OPERATIONS ARE COMPLETED, ALL TREE PITS SHALL BE COVERED WITH A LAYER OF ORGANIC MATERIAL TWO 12") INCHES IN DEPTH. THIS LIMIT OF THE ORGANIC MATERIAL FOR TREES SHALL BE THE DIAMETER OF THE PLANT PIT. Q. STEEL EDGE INSTALLATION: EDGE SHALL BE ALIGNED AS INDICATED ON PLANS. STAKE OUT LIMITS OF STEEL CURBING AND OBTAIN OWNERS APPROVAL PRIOR TO INSTALLATION. 1. ALL STEEL CURBING SHALL BE FREE OF KINKS AND ABRUPT BENDS. 2. TOP OF EDGING SHALL BE Y2" MAXIMUM HEIGHT ABOVE FINAL FINISHED GRADE. 3. STAKES ARE TO BE INSTALLED ON THE PLANTING BED SIDE OF THE CURBING, AS OPPOSED TO THE GRASS SIDE. 4. DO NOT INSTALL STEEL EDGING ALONG SIDEWALKS OR CURBS. 5. CUT STEEL EDGING AT 45 DEGREE ANGLE WHERE EDGING MEETS SIDEWALKS OR CURBS. 3.3 CLEANUP AND ACCEPTANCE A. CLEANUP: DURING THE WORK, THE PREMISES SHALL BE KEPT NEAT AND ORDERLY AT ALL TIMES. STORAGE AREAS FOR ALL MATERIALS SHALL BE SO ORGANIZED SO THAT THEY, TOO, ARE NEAT AND ORDERLY. ALL TRASH AND DEBRIS SHALL BE REMOVED FROM THE SITE AS WORK PROGRESSES. KEEP PAVED AREAS CLEAN BY SWEEPING OR HOSING THEM AT END OF EACH WORK DAY. B. REPAIR RUTS, HOLES AND SCARES IN GROUND SURFACES. C. ENSURE THAT WORK IS COMPLETE AND PLANT MATERIALS ARE IN VIGOROUS AND HEALTHY GROWING CONDITION. D. UPON COMPLETION OF THE WORK, THE LANDSCAPE CONTRACTOR SHALL PROVIDE THE SITE CLEAN, FREE OF DEBRIS AND TRASH, AND SUITABLE FOR USE AS INTENDED. THE LANDSCAPE CONTRACTOR SHALL THEN REQUEST AN INSPECTION BY THE OWNER TO DETERMINE FINAL ACCEPTABILITY. E. WHEN/IF THE INSPECTED PLANTING WORK DOES NOT COMPLY WITH THE CONTRACT DOCUMENTS, THE LANDSCAPE CONTRACTOR SHALL REPLACE AND/OR REPAIR THE REJECTED WORK TO THE OWNER'S SATISFACTION WITHIN 24 HOURS. F. THE LANDSCAPE MAINTENANCE PERIOD WILL NOT COMMENCE UNTIL THE LANDSCAPE WORK HAS BEEN RE -INSPECTED BY THE OWNER AND FOUND TO BE ACCEPTABLE. AT THAT TIME, A WRITTEN NOTICE OF FINAL ACCEPTANCE WILL BE ISSUED BY THE OWNER, AND THE MAINTENANCE AND GUARANTEE PERIODS WILL COMMENCE. END OF SECTION n r coerinlr_ SPECIFIED BED BORDER �- BACK OF CURB SHRUB SPACING AND PLANTING AT B.O.C. N.T.S. STEEL EDGING PLANTING AREA, REFERENCE LANDSCAPE PLAN ENSURE PROPER DRAINAGE da - DECOMPOSED GRANITE AND/OR RIVER ROCK TO BE COMPACTED TO A 3" DEPTH DECOMPOSED GRANITE / RIVER ROCK N.T.S. 24" MIN. SETBACK FOR SHRUBS & GROUNDCOVERS ALONG BACK OF CURB TO ALLOW FOR CAR OVERHANG DECOMPOSED GRANITE / RIVER ROCK FILTER FABRIC, WRAP UP AT EDGING, TYP. COMPACTED SUBGRADE 0 y N 00 W U O a •� 0000 v1 Li W r Cd �Xa��� 0 E� ctf Ln 3d7� dP.d z O I -I O J I --I LU a Z)O Q U 0 zC) OQ U J w w U) H T I� w LU rl N,NDSCq oe R/c z y9� ym Q (n �Q `ham ,275A CO Project Number: 20081 Drawn By: AWR Checked By: AWR Issue Date: Revisions Sheet Title: LANDSCAPE SPECS AND DETAILS Sheet Number: L1.03 z 'a 1TREE PROTECTION FENCING N.T.S. EXISTING TREE NO ENTRY SIGNAGE ORANGE VINYL OR CHAIN LINK FENCE TO REMAIN DURING CONSTRUCTION METAL T -POST 2'-3' IN GROUND NO GRADING SHALL OCCUR WITHIN LIMITS OF DRIPLINE PROTECTED TREE BORING: BORING OF UTILITIES UNDER PROTECTED TREES SHALL BE REQUIRED IN CIRCUMSTANCES WHERE IT IS NOT POSSIBLE TO TRENCH AROUND THE CRITICAL ROOT ZONE OF THE PROTECTED TREE. WHERE REQUIRED, THE LENGTH OF THE BORE SHALL BE THE WIDTH OF THE CRITICAL ROOT ZONE AT A MINIMUM AND SHALL BE A MINIMUM DEPTH OF FORTY EIGHT (48") INCHES. BORING AND TUNNELING N.T.S. WHERE A PROTECTED TREE REMAINS IN THE IMMEDIATE AREA OF INTENDED CONSTRUCTION, AND THE TREE MAY BE IN DANGER OF BEING DAMAGED BY CONSTRUCTION EQUIPMENT OR OTHER ACTIVITY, THE CONTRACTOR OR SUBCONTRACTOR SHALL PROTECT THE TREE WITH 2" X 4" LUMBER ENCIRCLED WITH WIRE OR OTHER MEANS THAT DO NOT DAMAGE THE BARK OF THE TREE. THE INTENT IS TO PROTECT THE TRUNK OF THE TREE AGAINST INCIDENTAL CONTACT BY LARGE CONSTRUCTION EQUIPMENT. BARK PROTECTION N.T.S. TREE PRESERVATION LEGEND 1 TREE TO BE REMOVED ® TREE TO REMAIN = TREE PRESERVATION FENCING TREE PRESERVATION NOTES CONSTRUCTION METHODS: BORING: BORING OF UTILITIES UNDER PROTECTED TREES MAY BE REQUIRED. WHEN REQUIRED, THE MINIMUM LENGTH OF THE BORE SHALL BE THE WIDTH OF THE CRITICAL ROOT ZONE AND SHALL BE A MINIMUM DEPTH OF FORTY (48) INCHES. TRENCHING: ALL TRENCHING SHALL BE DESIGNED TO AVOID TRENCHING ACROSS CRITICAL ROOT ZONES OF ANY PROTECTED TREE. THE PLACEMENT OF UNDERGROUND UTILITY LINES SUCH AS ELECTRIC, PHONE, GAS, ETC., IS ENCOURAGED TO BE LOCATED OUTSIDE THE CRITICAL ROOT ZONE. TRENCHING FOR IRRIGATION SYSTEMS SHALL BE PLACED OUTSIDE THE CRITICAL ROOT ZONE EXCEPT THE MINIMUM REQUIRED SINGLE HEAD SUPPLY LINE. THIS LINE IS ALLOWED TO EXTEND INTO THE CRITICAL ROOT ZONE PERPENDICULAR TO THE TREE TRUNK WITH THE LEAST POSSIBLE DISTURBANCE. TREES TO BE REMOVED: ALL TREES TO BE REMOVED FROM THE SITE SHALL BE FLAGGED BY THE CONTRACTOR WITH BRIGHT RED VINYL TAPE WRAPPED AROUND THE MAIN TRUNK AT A HEIGHT OF FOUR (4') FEET ABOVE GRADE. TREES TO REMAIN: ALL TREES TO REMAIN, AS NOTED ON DRAWINGS, SHALL HAVE PROTECTIVE FENCING LOCATED AT THE TREE'S DRIP LINE. THE PROTECTIVE FENCING SHALL BE LOCATED AS INDICATED ON THE TREE PROTECTION DETAIL. EXISTING TREES NOTED TO REMAIN SHALL BE PROTECTED DURING CONSTRUCTION FROM DAMAGE AND COMPACTION OF SOIL UNDER AND AROUND DRIP LINE OF TREE. UNDER NO CIRCUMSTANCE SHALL THE CONTRACTOR PRUNE ANY PORTION OF THE DAMAGED TREE WITHOUT THE PRIOR APPROVAL BY THE OWNER'S AUTHORIZED REPRESENTATIVE. PROHIBITED ACTIVITIES IN CRITICAL ROOT ZONE: THE FOLLOWING ACTIVITIES ARE PROHIBITED IN THE AREAS NOTED AS THE CRITICAL ROOT ZONE. MATERIAL STORAGE: NO MATERIALS INTENDED FOR USE IN CONSTRUCTION, OR WASTE MATERIALS ACCUMULATED DUE TO EXCAVATION OR DEMOLITION, SHALL BE PLACED WITHIN THE LIMITS OF THE CRITICAL ROOT ZONE OF ANY PROTECTED TREE. EQUIPMENT CLEANING/LIQUID DISPOSAL: NO EQUIPMENT SHALL BE CLEANED, OR OTHER LIQUIDS DEPOSITED OR ALLOWED WITHIN THE LIMITS OF THE CRITICAL ROOT ZONE OF A PROTECTED TREE. THIS INCLUDES, WITHOUT LIMITATION: PAINT, OIL, SOLVENTS, ASPHALT, CONCRETE, MORTAR OR SIMILAR MATERIALS. TREE ATTACHMENTS: NO SIGNS, WIRES, OR OTHER ATTACHMENTS, OTHER THAN THOSE OF A PROTECTIVE NATURE, SHALL BE ATTACHED TO ANY PROTECTED TREE. VEHICULAR TRAFFIC: NO VEHICULAR AND/OR CONSTRUCTION, EQUIPMENT, TRAFFIC, OR PARKING SHALL TAKE PLACE WITHIN THE LIMITS OF THE CRITICAL ROOT ZONE OF ANY PROTECTED TREE OTHER THAN ON EXISTING STREET PAVEMENT. GRADE CHANGES: A MINIMUM OF 75% OF THE DRIP LINE AND ROOT ZONE SHALL BE PRESERVED AT NATURAL GRADE. ANY FINE GRADING DONE WITHIN THE CRITICAL ROOT ZONES OF THE PROTECTED TREES MUST BE DONE WITH LIGHT MACHINERY SUCH AS A BOBCAT OR LIGHT TRACTOR. NO EARTH MOVING EQUIPMENT WITH TRACKS IS ALLOWED WITHIN THE CRITICAL ROOT ZONE OF THE TREES. PROCEDURES REQUIRED PRIOR TO CONSTRUCTION: PROTECTIVE FENCING: PRIOR TO CONSTRUCTION, THE CONTRACTOR OR SUBCONTRACTOR SHALL CONSTRUCT AND MAINTAIN, FOR EACH PROTECTED TREE ON A CONSTRUCTION SITE, A PROTECTIVE FENCING WHICH ENCIRCLES THE OUTER LIMITS OF THE CRITICAL ROOT ZONE OF THE TREE TO PROTECT IT FROM CONSTRUCTION ACTIVITY. ALL PROTECTIVE FENCING SHALL BE IN PLACE PRIOR TO COMMENCEMENT OF ANY SITE WORK, AND REMAIN IN PLACE UNTIL ALL EXTERIOR WORK HAS BEEN COMPLETED. BARK PROTECTION: IN SITUATIONS WHERE A PROTECTED TREE REMAINS IN THE IMMEDIATE AREA OF INTENDED CONSTRUCTION, AND THE LANDSCAPE ARCHITECT OR OWNERS'S REPRESENTATIVE DETERMINES THE TREE BARK TO BE IN DANGER OF DAMAGE BY CONSTRUCTION EQUIPMENT OR OTHER ACTIVITY, THE CONTRACTOR OR SUBCONTRACTOR SHALL PROTECT THE TREE BY ENCLOSING THE ENTIRE CIRCUMFERENCE OF THE TREE WITH 2"X4" LUMBER ENCIRCLED WITH WIRE OR OTHER MEANS THAT DO NOT DAMAGE THE TREE. THE INTENT IS TO PROTECT THE BARK OF THE TREE AGAINST INCIDENTAL CONTACT BY LARGE CONSTRUCTION EQUIPMENT. GRAPHIC SCALE 0 10 20 FEET Scale 1 10'- 0" 0 U to S~ 00 bL O 1 CD 0C t_ Lr) p H cd Ln 0 Ln Ln 0 b U7 O ry W W a w J J W d 0 0 O W 2 W >m NNDSCq oe n Q co -� �5,1 Project Number: 20081 Drawn By: AWR Checked By: AWR Issue Date: Revisions Sheet Title: TREE PRESERVATION PLAN Sheet Number: L1.01 T.O REFER TO FOUNDATION PLAN FOR LOCATION5 OF CRAHL 42° HIGHFI'N`D RAILING A5 REOD �36`%H HAND RAIL LATTICE RAMP 5KIRTIN6 (MATCH EXI5TIN6 COLOR) HARDI LAP 510IN6 A5 5PEG (PAINTED BEI6E) WEST ELEVATION I TnP nF PI ATF SCALE: TOP OF PLATE FINISHED FLOC GABLE VENT CRICKET - I� 12 6 REFER TO FOUNDATION PLAN FOR LOCATIONS OF CRAWL 5PA6E VENT5. (PAINTED BEIGE) NORTH ELEVATION SCALE: 12 12 12 ROOFING A5 5PEG. T.OJE. T.OJE. 6 6 6 (MATCH EXI5TIN6 COLOR) N - L0 0 ❑❑❑❑ ❑❑ ❑❑ ❑❑ c0 c0 ❑❑ ❑9'A. I mm''T' Il 9'' ❑ F.F. F.F. SFZAOE 0 I� NOTE: REFER TO FOUNDATION PLAN FOR LOGATION5 OF CRAWL 5PA6E VENT5. HARDI LAP 510IN6 A5 5PEG. (PAINTED BEI6E) r-"�EAST ELEVATION 1�1�j SCALE: SOUTH ELEVATION (PAINTED BEIGE) SCALE: T.O m NOTE: ALL CODE5, ORDINANCE5, AND REOUIREMENT5 ( FEDERAL, 5TATE, AND LOCAL IE. 2015 I.R.G) TAKE PRECEDENCE OVER ANY PART OF THESE DRAWIN65 WHICH MAY CONFLICT WITH THESE A6ENCIE5, AND/OR RULES, REGULATION5, AND MU5T BE ADHERED TO BEFORE AND DURING CON5TRUCTION. REVIVON5 WCB -02/02/20 J.D.B. 02/25/20 J.T.B. 04/25/20 J.T.B. 05/12/20 ar/lm V-4�1 KNEWS � NO BE■NE1 l! EE olimmmi "til l GC)LLJ E lommi c,MMudII ©I ©I Z O X � l GC)LLJ nx <LLJLuW- �'n J -- Lu > Lu z �Lu I55UE DATE 1/50/20 PLAN #1655 4 — City of Coppell, Texas 255 E. Parkway Boulevard OPELr Coppell, Texas kJ 1fL 75019-9478 File ID: 2020-5190 Version: 1 Master File Number: 2020-5190 Type: Resolution Reference: File Name: Northpoint Hotel Group - First Amendment to Tax Abatement Agreements for Aloft and Holiday Inn Express Status: Agenda Ready In Control: City Council File Created: 07/02/2020 Final Action: Title: Consider approval of two Resolutions for two First Amendment to Tax Abatement Agreements by and between the City of Coppell and Northpoint Hotel Group, LLC; and authorizing the Mayor to sign. Notes: Sponsors: Attachments: First Amendment to Tax Abatement Memo.pdf, Aloft - First Amendment to Tax Abatement Agreement.pdf, Northpoint - First Amendment to Tax Abatement Agreement.pdf, Holiday Inn Express - First Amendment to Tax Abatement Agreement.pdf, First Amendment to Tax Abatement Agreement - Northpoint Hotel Group.pdf Contact: Drafter: Related Files: History of Legislative File Agenda Date: 07/14/2020 Agenda Number: 11. Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5190 Title Consider approval of two Resolutions for two First Amendment to Tax Abatement Agreements by and between the City of Coppell and Northpoint Hotel Group, LLC; and authorizing the Mayor to sign. Summary City Council approved two Tax Abatement Agreements with Northpoint Hotel Group, LLC on City of Coppell, Texas Page 1 Printed on 7/1312020 Master Continued (2020-5190) November 25, 2018. This First Amendment to Tax Abatement Agreements extends the required deadlines for Commencement of Construction and Completion of Construction for the two hotels they are constructing. Those hotels are the Aloft Hotel and Holiday Inn Express. Due to COVID-19, their construction has been delayed, which is why the original dates are being extended. Fiscal Impact: N/A Staff Recommendation: Staff recommends approval. Goal Icon: Business Prosperity City of Coppell, Texas Page 2 Printed on 7/1312020 T H E • C I T Y • D F COPPEL,L -"ia MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: July 14, 2020 Reference: Consider approval of two Resolutions approving two First Amendment to Tax Abatement Agreements by and between the City of Coppell and Northpoint Hotel Group, LLC, and authorizing the Mayor to sign. 2030: Business Prosperity Executive Summary: Northpoint Hotel Group, LLC is constructing a select service hotel with meeting space at 1125 Northpoint Drive and a select service hotel with meeting space at 1155 Northpoint Drive. Due to COVID-19, construction has been delayed; therefore, First Amendments to each Tax Abatement Agreement are needed to extend the construction timelines outlined in the original Tax Abatement Agreements. Introduction: Northpoint Hotel Group, LLC is constructing two select service hotels with meeting space that will be located south of Northpoint Drive and west of S. Royal Lane. Aloft Hotel will be located at 1155 Northpoint Drive. It will be a 77,800 square foot building that contains 140 guest rooms and 4,000 square feet of meeting space. Holiday Inn Express will be located at 1125 Northpoint Drive. It will be a 69,600 square foot building that contains 125 guest rooms and 1,200 square feet of meeting space. Tax Abatement Agreements were passed by City Council for each hotel on November 25, 2018. Analysis: Due to COVID-19, construction was delayed on both hotels; therefore, First Amendments to each Tax Abatement Agreement are needed to extend the construction timelines outlined in the original Tax Abatement Agreements. The Aloft Hotel will have a new Completion of Construction date of June 30, 2021. For Holiday Inn Express, the new Completion of Construction date will be June 30, 2022. Legal Review: The documents were prepared by Pete Smith. Fiscal Impact: N/A Recommendation: Community Development recommends approval. RESOLUTION NO. A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS, AND NORTHPOINT HOTEL GROUP, LLC, A TEXAS LIMITED LIABILITY COMPANY; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City entered into a Tax Abatement Agreement with Northpoint Hotel Group, LLC on November 25, 2018 ("Tax Abatement Agreement"); and WHEREAS, the City Council has been presented a proposed First Amendment to Tax Abatement Agreement by and between the City of Coppell, Texas, and Northpoint Hotel Group, LLC, a Texas limited liability company, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the First Amendment to Tax Abatement Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the First Amendment to Tax Abatement Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The First Amendment to Tax Abatement Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the First Amendment to Tax Abatement Agreement on behalf of the City of Coppell, Texas. SECTION 2. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the day of 12020. [Signature Page to Follow] RESOLUTION - FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT - ALOFT HOTEL CITY OF COPPELL, TEXAS KAREN HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION - FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT - ALOFT HOTEL EXHIBIT "A" (Copy of First Amendment to Tax Abatement Agreement to be attached) RESOLUTION - FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT - ALOFT HOTEL STATE OF TEXAS § § FIRST AMENDMENTTAX ABATEMENT AGREEMENT COUNTY OF DALLAS § This First Amendment toTax Abatement Agreement (the "First Amendment") is entered into by and between the City of Coppell, Texas (the "City"), and Northpoint Hotel Group, LLC, a Texas limited liability company ("Owner") (each a "Party" and collectively the "Parties"), acting by and through their authorized representatives. WITNESSETH: WHEREAS, the Parties previously entered that certain Tax Abatement Agreement dated November 25, 2018 (the "Tax Abatement Agreement"); and WHEREAS, the Parties desire to amend Section 4.2 by amending the date for Completion of Construction of the Improvements (as defined in the Tax Abatement Agreement") as set forth herein; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the Parties agree as follows: That Article IV Section 4.2 of the Tax Abatement Agreement is amended to read as follows: "4.2 As a condition precedent to the initiation of the Owner's tax abatement pursuant to this Agreement, Owner agrees, subject to events of Force Majeure, to cause Commencement of Construction of the Improvements to occur on or before December 31, 2018, and subject to events of Force Majeure to cause Completion of Construction of the Improvements to occur on or before June 30, 2021, as good and valuable consideration for this Agreement, and that all construction of the Improvements will be in accordance with all applicable state and local laws, codes, and regulations (or valid waiver thereof)." 2. The Tax Abatement Agreement shall continue in full force and effect, except as amended as heretofore amended and as amended herein. 3. This First Amendment shall be effective on the last date of execution hereof by the Parties. 4. This First Amendment may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all the counterparts shall constitute one and the same instrument. 5. That each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 6. That the recitals to this First Amendment are true and correct and are incorporated herein. PAGE 1 FIRST AMENDMENT TO TAx ABATEMENT AGREEMENT - ALOFT HOTEL CITY OF COPPELL AND NORTHPOINT HOTEL GROUP, LLC TM 115819) [Signature Page to Follow] PAGE 2 FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT - ALOFT HOTEL CITY OF COPPELL AND NORTHPOINT HOTEL GROUP, LLC TM 115819) EXECUTED in duplicate originals the day of , 2020. Approved as to Form: 51 Robert E. Hager, City Attorney CITY OF COPPELL, TEXAS LE Attest: Lo Karen Selbo Hunt, Mayor Christel Pettinos, City Secretary EXECUTED in duplicate originals the day of , 2020. NORTHPOINT HOTEL GROUP, LLC Suketu B. Patel Title: Manager PAGE 3 FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT - ALOFT HOTEL CITY OF COPPELL AND NORTHPOINT HOTEL GROUP, LLC TM 115819) RESOLUTION NO. A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS, AND NORTHPOINT HOTEL GROUP, LLC, A TEXAS LIMITED LIABILITY COMPANY; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City entered into a Tax Abatement Agreement with Northpoint Hotel Group, LLC on November 25, 2018 ("Tax Abatement Agreement"); and WHEREAS, the City Council has been presented a proposed First Amendment to Tax Abatement Agreement by and between the City of Coppell, Texas, and Northpoint Hotel Group, LLC, a Texas limited liability company, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the First Amendment to Tax Abatement Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the First Amendment to Tax Abatement Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The First Amendment to Tax Abatement Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the First Amendment to Tax Abatement Agreement on behalf of the City of Coppell, Texas. SECTION 2. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the day of 12020. [Signature Page to Follow] RESOLUTION - FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT - HOLIDAY INN EXPRESS CITY OF COPPELL, TEXAS KAREN HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION - FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT - HOLIDAY INN EXPRESS EXHIBIT "A" (Copy of First Amendment to Tax Abatement Agreement to be attached) RESOLUTION - FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT - HOLIDAY INN EXPRESS STATE OF TEXAS § § FIRST AMENDMENTTAX ABATEMENT AGREEMENT COUNTY OF DALLAS § This First Amendment toTax Abatement Agreement (the "First Amendment") is entered into by and between the City of Coppell, Texas (the "City"), and Northpoint Hotel Group, LLC, a Texas limited liability company ("Owner") (each a "Party" and collectively the "Parties"), acting by and through their authorized representatives. WITNESSETH: WHEREAS, the Parties previously entered that certain Tax Abatement Agreement dated November 25, 2018 (the "Tax Abatement Agreement"); and WHEREAS, the Parties desire to amend Section 4.2 by amending the date for Completion of Construction of the Improvements (as defined in the Tax Abatement Agreement") as set forth herein; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the Parties agree as follows: That Article IV Section 4.2 of the Tax Abatement Agreement is amended to read as follows: "4.2 As a condition precedent to the initiation of the Owner's tax abatement pursuant to this Agreement, Owner agrees, subject to events of Force Majeure, to cause Commencement of Construction of the Improvements to occur on or before May 31, 2019, and subject to events of Force Majeure to cause Completion of Construction of the Improvements to occur on or before June 30, 2022, as good and valuable consideration for this Agreement, and that all construction of the Improvements will be in accordance with all applicable state and local laws, codes, and regulations (or valid waiver thereof)." 2. The Tax Abatement Agreement shall continue in full force and effect, except as amended as heretofore amended and as amended herein. 3. This First Amendment shall be effective on the last date of execution hereof by the Parties. 4. This First Amendment may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all the counterparts shall constitute one and the same instrument. 5. That each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 6. That the recitals to this First Amendment are true and correct and are incorporated herein. PAGE I FIRST AMENDMENT TO TAx ABATEMENT AGREEMENT - HOLIDAY INN HOTEL CITY OF COPPELL AND NORTHPOINT HOTEL GROUP, LLC TM 115820 ) [Signature Page to Follow] PAGE 2 FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT - HOLIDAY INN CITY OF COPPELL AND NORTHPOINT HOTEL GROUP, LLC TM 115820 ) EXECUTED in duplicate originals the day of , 2020. Approved as to Form: 51 Robert E. Hager, City Attorney CITY OF COPPELL, TEXAS LE Attest: Lo Karen Selbo Hunt, Mayor Christel Pettinos, City Secretary EXECUTED in duplicate originals the day of , 2020. NORTHPOINT HOTEL GROUP, LLC Suketu B. Patel Title: Manager PAGE 3 FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT - HOLIDAY INN CITY OF COPPELL AND NORTHPOINT HOTEL GROUP, LLC TM 115820 ) — City of Coppell, Texas 255 E. Parkway Boulevard OPELr Coppell, Texas kJ 1fL 75019-9478 File ID: 2020-5193 Version: 1 Master File Number: 2020-5193 Type: Resolution Reference: File Name: Northpoint Hotel Group - First Amendment to Civic Center Agreements for Aloft and Holiday Inn Express Status: Agenda Ready In Control: City Council File Created: 07/06/2020 Final Action: Title: Consider approval of two Resolutions for two First Amendment to Civic Center Agreements by and between the City of Coppell and Northpoint Hotel Group, LLC; and authorizing the Mayor to sign. Notes: Sponsors: Attachments: Northpoint Hotel Group - First Amendment Civic Center Agreement Memo.pdf, Aloft - First Amendment to Civic Center Agreement - Resolution.pdf, First Amendment to Civic Center Agreement -Northpoint Hotel Group - Aloft.pdf, Holiday Inn - First Amendment to Civic Center Agreement - Resolution.pdf, First Amendment - Northpoint Hotel Group - Holiday Inn.pdf Contact: Drafter: Related Files: History of Legislative File Agenda Date: 07/14/2020 Agenda Number: 12. Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5193 Title Consider approval of two Resolutions for two First Amendment to Civic Center Agreements by and between the City of Coppell and Northpoint Hotel Group, LLC; and authorizing the Mayor to sign. Summary City Council approved two Civic Center Agreements with Northpoint Hotel Group, LLC on November 25, 2018. This First Amendment to Civic Center Agreements extends the required City of Coppell, Texas Page 1 Printed on 7/1312020 Master Continued (2020-5193) deadlines for Commencement of Construction and Completion of Construction for the two hotels they are constructing. Those hotels are the Aloft Hotel and Holiday Inn Express. Due to COVID-19, their construction has been delayed, which is why the original dates are being extended. Fiscal Impact: N/A Staff Recommendation: Staff recommends approval. Goal Icon: Business Prosperity City of Coppell, Texas Page 2 Printed on 7/1312020 T H E • C I T Y • D F COPPEL,L -"ia MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: July 14, 2020 Reference: Consider approval of two Resolutions approving two First Amendment to Civic Center Agreements by and between the City of Coppell and Northpoint Hotel Group, LLC, and authorizing the Mayor to sign. 2030: Business Prosperity Executive Summary: Northpoint Hotel Group, LLC is constructing a select service hotel with meeting space at 1125 Northpoint Drive and a select service hotel with meeting space at 1155 Northpoint Drive. Due to COVID-19, construction has been delayed; therefore, First Amendments to each Civic Agreement are needed to extend the construction timelines outlined in the original Civic Center Agreements. Introduction: Northpoint Hotel Group, LLC is constructing two select service hotels with meeting space that will be located south of Northpoint Drive and west of S. Royal Lane. Aloft Hotel will be located at 1155 Northpoint Drive. It will be a 77,800 square foot building that contains 140 guest rooms and 4,000 square feet of meeting space. Holiday Inn Express will be located at 1125 Northpoint Drive. It will be a 69,600 square foot building that contains 125 guest rooms and 1,200 square feet of meeting space. Civic Center Agreements were passed by City Council for each hotel on November 25, 2018. Analysis: Due to COVID-19, construction was delayed on both hotels; therefore, First Amendments to each Civic Center Agreement are needed to extend the construction timelines outlined in the original Civic Center Agreements. The Aloft Hotel will have a new Completion of Construction date of June 30, 2021. For Holiday Inn Express, the new Completion of Construction date will be June 30, 2022. Legal Review: The documents were prepared by Pete Smith. Fiscal Impact: N/A Recommendation: Community Development recommends approval. RESOLUTION NO. A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE FIRST AMENDMENT TO CIVIC CENTER AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS, AND NORTHPOINT HOTEL GROUP, LLC, A TEXAS LIMITED LIABILITY COMPANY; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City entered into a Civic Center Agreement with Northpoint Hotel Group, LLC on November 25, 2018 ("Civic Center Agreement"); and WHEREAS, the City Council has been presented a proposed First Amendment to Civic Center Agreement by and between the City of Coppell, Texas, and Northpoint Hotel Group, LLC, a Texas limited liability company, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the First Amendment to Civic Center Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the First Amendment to Civic Center Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The First Amendment to Civic Center Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the First Amendment to Civic Center Agreement on behalf of the City of Coppell, Texas. SECTION 2. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the day of 12020. [Signature Page to Follow] RESOLUTION - FIRST AMENDMENT TO CIVIC CENTER AGREEMENT - ALOFT CITY OF COPPELL, TEXAS KAREN HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION - FIRST AMENDMENT TO CIVIC CENTER AGREEMENT - ALOFT EXHIBIT "A" (Copy of First Amendment to Civic Center Agreement to be attached) RESOLUTION - FIRST AMENDMENT TO CIVIC CENTER AGREEMENT - ALOFT STATE OF TEXAS § § FIRST AMENDMENT CIVIC CENTER AGREEMENT COUNTY OF DALLAS § This First Amendment to Civic Center Development Agreement ("Agreement") is made by and between the City of Coppell, Texas ("City"), and Northpoint Hotel Group, LLC, a Texas limited liability company (the "Company") (collectively the "Parties," or singularly as a "Party"), acting by and through their respective authorized officers and representatives. WITNESSETH: WHEREAS, the Parties previously entered that certain Civic Center Development Agreement dated November 25, 2018 (the "Civic Center Agreement"); and WHEREAS, a Parties desire to amend the Civic Center Agreement by amending the date for Completion of Construction for the Hotel and Conference Center (as defined in the Civic Center Agreement); NOW THEREFORE, in consideration of the foregoing, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. That Article IV Section 4.1 of the Civic Center Agreement is amended to read as follows: 114.1 Construction of Hotel and Conference Center. Company shall, subject to events of Force Majeure, cause Commencement of Construction of the Hotel and Conference Center to occur on or before December 31, 2018; and subject to events of Force Majeure, cause Completion of Construction of Hotel and Conference Center to occur on or before June 30, 2021" 2. The Civic Center Agreement shall continue in full force and effect, except as amended as heretofore amended and as amended herein. 3. This First Amendment shall be effective on the last date of execution hereof by the Parties. 4. This First Amendment may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all the counterparts shall constitute one and the same instrument. 5. That each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 6. That the recitals to this First Amendment are true and correct and are incorporated herein. (Signature page to follow) Page 1 First Amendment Civic Center Development Agreement: Aloft City of Coppell and Northpoint Hotel Group, LLC (TM 115817) EXECUTED on this day of , 2020. CITY OF COPPELL, TEXAS Clay Mike Land, City Manager ATTEST: Christel Pettinos, City Secretary Approved as to Form: City Attorney EXECUTED on this day of , 2020. NORTHPOINT HOTEL GROUP, LLC Suketu B. Patel, Manager Page 2 First Amendment to Civic Center Development Agreement: Aloft City of Coppell and Northpoint Hotel Group, LLC (TM 115817) RESOLUTION NO. A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE FIRST AMENDMENT TO CIVIC CENTER AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS, AND NORTHPOINT HOTEL GROUP, LLC, A TEXAS LIMITED LIABILITY COMPANY; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City entered into a Civic Center Agreement with Northpoint Hotel Group, LLC on November 25, 2018 ("Civic Center Agreement"); and WHEREAS, the City Council has been presented a proposed First Amendment to Civic Center Agreement by and between the City of Coppell, Texas, and Northpoint Hotel Group, LLC, a Texas limited liability company, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the First Amendment to Civic Center Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the First Amendment to Civic Center Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The First Amendment to Civic Center Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the First Amendment to Civic Center Agreement on behalf of the City of Coppell, Texas. SECTION 2. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the day of 12020. [Signature Page to Follow] RESOLUTION - FIRST AMENDMENT TO CIVIC CENTER AGREEMENT - HOLIDAY INN EXPRESS CITY OF COPPELL, TEXAS KAREN HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION - FIRST AMENDMENT TO CIVIC CENTER AGREEMENT - HOLIDAY INN EXPRESS EXHIBIT "A" (Copy of First Amendment to Civic Center Agreement to be attached) RESOLUTION - FIRST AMENDMENT TO CIVIC CENTER AGREEMENT - HOLIDAY INN EXPRESS STATE OF TEXAS § § FIRST AMENDMENT CIVIC CENTER AGREEMENT COUNTY OF DALLAS § This First Amendment to Civic Center Development Agreement ("Agreement") is made by and between the City of Coppell, Texas ("City"), and Northpoint Hotel Group, LLC, a Texas limited liability company (the "Company") (collectively the "Parties," or singularly as a "Party"), acting by and through their respective authorized officers and representatives. WITNESSETH: WHEREAS, the Parties previously entered that certain Civic Center Development Agreement dated November 25, 2018 (the "Civic Center Agreement"); and WHEREAS, a Parties desire to amend the Civic Center Agreement by amending the date for Completion of Construction for the Hotel and Conference Center (as defined in the Civic Center Agreement); NOW THEREFORE, in consideration of the foregoing, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. That Article IV Section 4.1 of the Civic Center Agreement is amended to read as follows: 114.1 Construction of Hotel and Conference Center. Company shall, subject to events of Force Majeure, cause Commencement of Construction of the Hotel and Conference Center to occur on or before May 31, 2019; and subject to events of Force Majeure, cause Completion of Construction of Hotel and Conference Center to occur on or before June 30, 2022" 2. The Civic Center Agreement shall continue in full force and effect, except as amended as heretofore amended and as amended herein. 3. This First Amendment shall be effective on the last date of execution hereof by the Parties. 4. This First Amendment may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all the counterparts shall constitute one and the same instrument. 5. That each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 6. That the recitals to this First Amendment are true and correct and are incorporated herein. (Signature page to follow) Page 1 First Amendment Civic Center Development Agreement: Holiday Inn City of Coppell and Northpoint Hotel Group, LLC (TM 115818) EXECUTED on this day of , 2020. CITY OF COPPELL, TEXAS Clay Mike Land, City Manager ATTEST: Christel Pettinos, City Secretary Approved as to Form: City Attorney EXECUTED on this day of , 2020. NORTHPOINT HOTEL GROUP, LLC Suketu B. Patel, Manager Page 2 First Amendment to Civic Center Development Agreement: Holiday Inn City of Coppell and Northpoint Hotel Group, LLC (TM 115818) — City of Coppell, Texas 255 E. Parkway Boulevard OPELr Coppell, Texas kJ 1fL 75019-9478 File ID: 2020-5199 Version: 1 Master File Number: 2020-5199 Type: Agenda Item Reference: File Name: CARES Act - Social Service Grants and Business Assistance Grant Programs Status: Agenda Ready In Control: City Council File Created: 07/06/2020 Final Action: Title: Consider approval of two Resolutions approving the City of Coppell's allocation of funds from the CARES Act for social services and local businesses; and authorizing the Mayor to sign. Notes: Agenda Date: 07/14/2020 History of Legislative File Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5199 Title Consider approval of two Resolutions approving the City of Coppell's allocation of funds from the CARES Act for social services and local businesses; and authorizing the Mayor to sign. Summary The City of Coppell will receive $2,273,700 in CARES Act Funding from Dallas County and Denton County. The City is dedicating $2,013,178 of those funds to provide grants to social City of Coppell, Texas Page 1 Printed on 7/1312020 Agenda Number: 13. Sponsors: Enactment Date: Attachments: Council Memo - CARES Act Social Services.pdf, Enactment Number: Resolution - Social Services Grant.pdf, CARES Act Grant Funding 2020 Coppell.pdf, CARES City Assumptions 6-2-20.pdf, CARES City Spreadsheet-6-2-20.pdf, Coppell YMCA Budget of Expenses 2020.pdf, Council Memo - CARES Act Business Support.pdf, Resolution - Business Assistance Grant.pdf Contact: Hearing Date: Drafter: Effective Date: Related Files: History of Legislative File Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5199 Title Consider approval of two Resolutions approving the City of Coppell's allocation of funds from the CARES Act for social services and local businesses; and authorizing the Mayor to sign. Summary The City of Coppell will receive $2,273,700 in CARES Act Funding from Dallas County and Denton County. The City is dedicating $2,013,178 of those funds to provide grants to social City of Coppell, Texas Page 1 Printed on 7/1312020 Master Continued (2020-5199) service agencies and Coppell businesses. The remaining will be used to reimburse the City for qualifying COVID-19 related expenses. Fiscal Impact: $2,273,700 from the CARES Act Funding from Dallas County and Denton County Staff Recommendation: Staff recommends approval. City of Coppell, Texas Page 2 Printed on 7/1312020 T H E • C I T Y • O F COFFELL F X A $ t$ R MEMORANDUM To: Mayor and City Council From: Mike Land, City Manager Date: July 14, 2020 Reference: CARES ACT Grant Program — Social Services Grants General Information: Dallas County is providing CARES Funding to municipalities in Dallas County to assist with expenditures related to COVID-19. These funds are allocated to each municipality based on population. The City of Coppell will receive $2,228,490, which is based on $55 per resident with a current population estimate of 40,518. The qualifying expenditures for these funds include medical, public health measures, governmental services and employment or business economic support that occur between the dates of March 1, 2020 and December 30, 2020. The following are recommendations for City Council to consider as expenditures for these funds: Social Services METROCREST SERVICES: The four cities, Addison, Carrollton, Farmers Branch and Coppell are continuing their support of Metrocrest Services during the Covid-19 emergency in support of our community's social service needs. To this end, for Coppell, in addition to the one time grant of $85,000 (which will be reimbursed to the City through the CARES Act funding) Metrocrest has identified additional funding needs specifically attributable to COVID-19 for the months between August 2020 and December 2020 totaling $159,550 bringing their total request to $244,550. Recall the initial one time ask covered additional Covid-19 specific expenditures beginning March 1, 2020 and projecting through July 31, 2020. The additional $159,550 as identified is beyond the City of Coppell's annual distribution from the City of Coppell, this year, and being considered for next year's 20-21 budget. The attached spreadsheets were provided by Metrocrest Services CEO Tracy Eubanks for the purposes of determining and allocating the costs of services to the four partnering Cities. CHILDREN'S ADVOCACY CENTER: Dr. Lynass provided an update on Coppell service expenses directly related to COVID19. Expenses incurred beginning March 1 through May 31, 2020 totaled $7,500. Based on their projections through the end of 2020, they are expecting an additional $18,000 in expenses. This brings their total request to $25,500. Please see the attached memo on the impact of Covid-19 on their services. Denton County CARES Act funding to the City of Coppell totals $45,210.00. COPPELL YMCA: Tyler Fenimore and Kristin Kelley provided the City with the YMCA's expenditures associated with COVID-19. See attached. As we are still working with Dallas County to clarify qualifying expenses for the CARES ACT funding, for planning purposes we anticipate the $93,128 in direct expenses could be eligible. Legal Review: The City Attorney has reviewed the resolution. Fiscal Impact: Funding for the CARES ACT Grant Program is being provided by the Federal Government through the State of Texas and Dallas County. The Social Service portion of the grant, totaling up to $363,178.00 will aid with approved Covid-19 related expenses for Metrocrest Services, the Child Advocacy Center of Denton County and the Coppell YMCA. Recommendation: Staff recommends the Coppell City County approve the creation of the City of Coppell CARES ACT Grant program for Social Service programs serving the residents of the City of Coppell. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, APPROVING FUNDING THROUGH PROGRAM GRANTS FOR QUALIFYING LOCAL SOCIAL SERVICE AGENCIES AND CHILDCARE IMPACTED BY COVID-19 PANDEMIC AS AUTHORIZED BY CARES ACT IN THE AMOUNT NOT TO EXCEED $363,178.00; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Texas through the Dallas and Denton Counties has committed funds from the United States Treasury Department under the Coronavirus Aid, Relief, and Economic Security Act also known as the "CARES Act"; and, WHEREAS, the City of Coppell is a local government defined by the Texas Government Code § 791.003(4)(A) and has been providing funding from Dallas and Denton Counties to administer and provide grants in conformity with Federal, State and County requirements and desires to enter into this Agreement within the qualifying entities by receiving funding; and, WHEREAS, the City of Coppell desires to provide funding from the Counties for the administration and distribution of a portion of funds to local social service agencies, childcare agency and local businesses as authorized by CARES Act; and, WHEREAS, the City Council of the City of Coppell finds it to be in the public interest to provide for local funding to qualified entities and business located and/or serving in Coppell, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. That the City Council of the City of Coppell, Texas, hereby approves CARES Act COVID-19 funding through Program Grants for qualifying local social service agencies and childcare impacted by the COVID-19 pandemic, as authorized by CARES Act. SECTION 2. That the City Council of the City of Coppell approves the expenditure not to exceed $363,178.00 to the Program subject to execution of the appropriate documents with the qualifying entities or business as provided in the Program, as promulgated and required by the City Manager or designee to qualify under the funding of the CARES Act. SECTION 3. That the City Council approves and authorize the City Manager or designee to administer said Program under the terms and conditions set forth herein; and, to make such accounting and administration that is necessary to fulfill the requirements of the CARES Act and any regulations or rules adopted. TM 116661 SECTION 4. This Resolution shall become effective immediately upon its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on the day of July, 2020 APPROVED: KAREN SELBO HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ROBERT HAGER, CITY ATTORNEY TM 116661 CARES Act Grant Funding City of Coppell 1) What percent of your employees are on reduced hours or are furloughed/or out sick due to COVI D -19? * All 52 full-time employees are currently working their regular hours and while we have reduced hours for 5 part-time Childcare workers (from 25 hours a week to as needed hours per week by shifting their job duties to assist other staff with administrative needs on special projects). We have had no furloughed employees nor any out on sick leave. 2) Describe new or added expenses you have due to COVID-19 (attach a dollar amount to each item described). * • Purchase of one month of tele -medicine platform: $800 • Program cost (monthly) for Zoom platform, used by clinicians, education team, and other staff members: HIPAA Compliant Zoom Platform: 50 Zoom licenses at $20 a month for 3 months = $3000 • Training of 14 graduate -level clinical interns (12 hours) on tele -mental health therapy: $1000 • Purchase and distribution of white noise devices and headphones for families: $1000 • Purchase of commercial cleaning supplies for use in Forensic Interview rooms and waiting rooms: $1500 • Licenses for DocuSign program for clients' paperwork: $700 • Stipend for use of personal phones/data to talk with clients: 40 employees x $50 a month for 3 months = $6,000; leadership and other managers already receive this stipend as part of their benefits • Computers for staff working from home or at mobile locations: $10,000 for 5 new apple laptops • Training on working with children via tele -mental health: $600 • Plastic bins with lids for individual Play Therapy sets: 25 x $10 each = $250 • Backpack electromagnetic disinfectant sprayer (5 x $1700) _ $8500 • Disinfectant for sprayer for 3 facilities (Lewisville, Denton, & Wise County) _ $2500 3) Have caseloads and/or workloads increased or decreased during the outbreak? Please Explain. * Our caseload has increased during the outbreak and we continue to see clients, as we are a designated essential service. We conducted more new child abuse investigations in the month of March —113 — than any other month in our 22 -year history. In April, the Center gave 79 forensic interviews to child victims and provided hundreds of other families with extra support during this national crisis, including tele - mental health and virtual -education programs. We served 5 clients who were residents of Coppell, all in Dallas County, providing 3 households with 90 services between mid-March and the present. Overall, we have seen a 20% increase in family advocacy services provided to ongoing clients from March to April. Still, in April and May, the Center saw fewer new cases come in than is typical, and across Texas, reports of child abuse were down. We remain concerned for the youngest citizens in our community. March closed out with our agency conducting our highest number of child abuse investigations in our 22 -year history and the fewest in four years, as a result of fewer professional reporters being in contact with children through schools and daycares. We saw an increase in physical abuse cases, but no decrease in sexual abuse cases. After 11 weeks of physically distancing and minimizing contact, our staff continues to provide essential services, joined by 47 law enforcement jurisdictions and 3 specialized CPS units across Denton and Wise counties. We initiated a 3 -tiered system for Forensic interviews to protect staff and clients: 1) in-person following CDC recommendations for personal hygiene and physical distancing, 2) onsite but virtual, following HIPAA and prosecutorial requirements, with child and interviewer in separate rooms, and 3) virtual in case of illness in the home, once safety and security of child victim has been assured. One benefit from developing this three-tier system for forensic interviews is that Family Advocates, who normally become involved after the initial interview, are building a relationship with the child and family even before the forensic interview portion of the investigative process begins. The Advocates have begun making weekly phone or video check -ins with the families, assessing needs for concrete resources of emergency supplies for the families, and ensuring other resources for local or governmental opportunities are available to all clients through our website. We have seen an uptick in the number of families requesting services and emergency supplies since the first of the pandemic, yet our donations to the Rainbow Room, which holds these emergency supplies of clothes, food, and personal items, are down as result of COVID-19. We began providing tele -mental health programs in March and have developed additional programs, including Child -Parent Relationship Therapy and disaster recovery therapy. We are committed to ensuring that kids and families continue to receive mental health services as more people are stressed and kids remain in homes where domestic violence occurs, where in-home sex abuse continues without ceasing and where online predators have a captive audience. In moments like this when we know our clients are vulnerable, technology is a gift as we continue to work with clients and their caregivers through a HIPAA approved, evidence based tele -health system. As the need for limiting in-person contact may continue for months, we will implement a daily support group for parents in hopes of reducing anxiety and stress related symptoms for both clients and family members. Meantime, our primary defense — our teachers and counselors who hear from their vulnerable students — are sidelined, so reporting of cases to the statewide Child Abuse Hotline has decreased even as severity of physical abuse has increased. Our education team and Family Advocates have introduced tele -educational programs to help meet the needs of families and the community, while we await schools and businesses reopening. Our Education Team and Family Advocates are offering virtual Parent Cafes, which are safe spaces where parents and caregivers talk about the challenges and victories of raising a family. These programs have been proven to reduce violence in the home and, with the rise in physical abuse cases, we will use every available resource to keep children safe. Donations from individuals, foundations, and corporations are vital to our continuing to provide services, yet our largest fundraiser that annually nets approximately $500,000 in unrestricted funds was cancelled for 2020, threatening to compromise our ability to promise our response for the long haul. We continue to reach out to funders and to the community as we must continue providing essential services and be ready for the onslaught we know will occur once the stay -in-place restrictions are eased and schools reopen. Multidisciplinary case review and case coordination will continue, via video -conferencing that partner agencies and Partner Relations staff continue working together towards justice and healing for the child victim. 4) Describe any new technology needs/expenses due to COVID -19 (Also give a dollar amount to each description)? We have had to shift quickly to tele -mental health options to continue to see clients. Every one of our therapists and fourteen graduate -level clinical interns completed a twelve-hour tele - mental health training class the week of March 16 and now are certified to provide this service to clients. Our therapists have introduced an evidence -based tele -therapy method called Psychological First Aid, primarily used for survivors of catastrophic disasters, and been trained in and begun offering Child -Parent Relationship Therapy. Our clients are already in a fragile state due to the trauma of abuse, and the uncertainty over the pandemic can trigger anxiety. Purchase and training for tele -therapy has cost the Advocacy Center over $1800. We have also had to pay for HIPAA Compliant Zoom Licensing and other features including computers and communications stipends for 40 staff members to protect our clients and clinicians, for an additional $28,000. Education Specialists saw 2,800 children in March before schools closed and limits on gatherings were made. This team is now working with the Dallas Children's Advocacy Center to provide free online training to caregivers and teachers during this time and introducing virtual Parent Cafes offered through Be Strong Families to provide safe spaces for parents and caregivers to talk about parenting challenges and to learn to create strategies that help strengthen their families. While training and use of the online services has no cost to the Advocacy Center, we have had to purchase Zoom licenses and provide staff salaries and benefits while transitioning from in- person to virtual education programs. 5) Explain any lost income/ donations/ revenue/missed fund raisers and give a dollar amount to each item described. We continually seek funding from corporations, foundations, and governmental granting agencies to support technological, operating, and unrestricted funding opportunities. Our fundraising efforts have been significantly impacted by COVID-19, yet the Advocacy Center Development office, along with the CEO and the Board of Directors, created a new strategy designed to mitigate the effects of the shelter -in-place restrictions on the Center. We postponed our annual Gala, our largest fundraiser for unrestricted funds and cut nearly $400,000 in expenses from the original 2020 Budget. We applied for and received the Payroll Protection Loan through the CARES Act and have federal funds committed that are essentially guaranteed during this stressful time. However, we still face a gap of over $1M needed to cover expenses for the rest of the year. The support of our Board and a generous benefactor have allowed us to continue seeking funds through an online match of $175,000, towards which we have raised $120,000. Our Development team and Board continues to seek grants and offer unique online opportunities; so far, we have raised over $250,000 in unrestricted funds. And we have received verbal approval of additional Victims of Crime Act (VOCA) funds for salaries and benefits, computers, and other general operating costs. 6) Have you considered applying for the Payroll Protection Program (PPP)? Were there any Barriers to applying or any reasons why PPP wouldn't help your agency? Yes. We received funding. 7) If you were to get additional funding from the City of Coppell, how could you spend it to benefit low/mod income residents? * Any additional funds received from the city would be used to enhance our current programmatic responses, whether as part of forensic interviews, mental health services, Family Advocacy services, or educational programs. We are adjusting our tele -mental health program to increase adult group therapy alternatives to help parents learn how to decrease physical responses to emotional, financial, and physical stressors. In addition, our Family Advocates have collected materials into a COVID-19 resource file and ensure that families in need are provided with information to help locate needed assistance. Finally, additional funds could pay for salaries/benefits and expenses for the staff as we increase our virtual and onsite presence across Denton and Wise counties. 8) What are your immediate needs due to COVID-19? * Our largest immediate need is for unrestricted operating funds lost due to cancellation of special events to pay for salaries, benefits, supplies, and utilities. In addition, because donations of emergency supplies in our Rainbow Room have decreased significantly, we have needed to replace items (food, clothing, personal hygiene, household cleaning supplies, etc.) that have been given out in the past weeks. Finally, with only limited staff and clients allowed into our two facilities, we have cleaned each room and practiced other CDC recommendations for limited contact and physical distancing. Once we reopen both centers fully, we will have to be even more diligent in cleaning each room and surface, providing masks and hand sanitizer for clients and staff, and ensuring that needs are met for all virtual Forensic Interviews and therapy sessions offered due to illness or other barriers that would interfere with care. 9) What do you predict your needs may be from now through the end of the year due to We know that as a result of our more than $1M funding gap that we will need to fund salaries and benefits and other direct client operational expenses due to lost revenue from special events and lower donations from individuals and corporations. We will continue to assess needs and course correct as we identify specific challenges in order to be prepared for the literal onslaught once children are back in school and with safe adults out of their homes. We anticipate a huge increase in the number of outcries and reports of suspected child abuse once children and teachers are back in school. We have to keep staff fully ready, without a waiting list, as our new normal is going to be a different crisis than the one we are experiencing now. Our primary responsibilities are to continue to provide mandated and wrap around core services of Multidisciplinary Team Coordination, Forensic Interviews, Mental Health Services, Family Advocacy Services, Forensic Medical Exams, and Multidisciplinary Team Case Review. We are the ONLY organization in Denton and Wise counties to offer these wraparound services. Our specific programs to reach child victims of abuse and their non -offending family members are to continue offering forensic interviews for all investigations requested by law enforcement or CPS, to provide tele -mental health systems for child victims and their parents, implement daily support groups for parents in hopes of reducing anxiety and stress-related symptoms, and provide virtual Parent Cafes as safe spaces for parents and caregivers to talk about the challenges and victories of raising a family, to continue multidisciplinary case review and case coordination via video -conferencing with partner agencies and Children's Advocacy Center staff, and to continue fundraising as we work together towards justice and healing for the child victim. The cost for a child to receive all the services we provide is $1,500 -- yet no client is ever charged. We must continue holding forensic interviews, purchase tele -therapy systems so mental health care is not interrupted, and take care of our staff financially and emotionally in anticipation that client numbers will rise. The strain of providing essential services will only increase. We provide services that no one else in the county can provide. We are joined in this effort by 47 law enforcement jurisdictions and three specialized CPS units to ensure children are safe. We will not stop. Once this immediate crisis is over, we will be ready to deal with the aftermath and to create a stronger, better Denton and Wise counties. 10) In addition to your answers above, what are the greatest needs you see in the community right now? * We must be prepared for an unprecedented surge in outcries once shelter -in --place restrictions are lifted and schools reopen. Teachers are our eyes and ears on the ground; they are trained to look for and report abuse. We know children are safer in school. We know after this long period of isolation, where a child may be unable to escape their abuser or are left under the care of a predator who seems like someone their parents can trust, reports of sexual and severe physical abuse will increase. Unfortunately, we have already seen a drastic increase in reports of severe physical abuse. The CARE Team at Cook Children's in Fort Worth has tied this directly to the COVID-19 pandemic and its ripple effect through our society and economy. Dr. Jayme Coffman, medical director of the hospital's Child Advocacy Resources and Evaluation team, said, "People have so much increased stress right now. They've got financial stress. Some people lost their job or worried about keeping their current job. They lost their income. You've got stress from being overcrowded. Everyone's cooped up together. They feel like they can't get away from each other. These stressors can lead to abuse." Data from previous years shows a significant increase in the number of cases we receive after children have been home for summer or breaks. March and October are typically our busiest months, because once children return to school there is an uptick in reports. We anticipate this will happen again when children return to school and life resumes. The high numbers of reports that rise to the level of a criminal offense coming in already is worrisome; this time should be the calm before the storm, and it is already flooding. Broad Assumptions Rent: Demand will remain relatively the same May -July Anticipate a 20% decrease in rent paid in August and September vs. July Anticipate another 20% decrease in rent paid in October -December vs. September Utilities: Increased by 20% for hot months of July, August, September Food: Anticipated a slight decrease in food cost based on availability of low cost food from NTFB Contigency: There are two possbile scenarios leading to the need for the 20% contigency: 1. Unusually high summer utility bills 2. The eviction impact is greater than anticipated Carrollton: Assumed that 75% of Carrollton clients are Dallas Cty; 25% are Denton Cty. Other: All funds will be spent on COVID impacted families The 10% Admin will only be calculated on verified COVID cases Metrocrest Services will continue to rasie funds from individuals, foundations, and corporate Metrocrest Services Analysis for CARES Funding Summarv: March 2020 -December 2020 Total with Contingency 198,819 1,143,547 381,182 1,524,729 159,550 519,618 2,402,717 Month Detail Actual Addison Carrollton Coppell Farmers Branch Total Projected Dallas Cty Denton Cty Total Dallas Cty Denton Cty Total March -May Rent 184,456 822,443 274,148 1,096,591 153,934 392,288 1,827,269 Utilities 5,438 37,744 12,581 50,325 6,210 23,726 85,698 Food 38,000 142,500 47,500 190,000 38,000 114,000 380,000 Sub -Total 227,893 1,002,687 334,229 1,336,916 198,144 530,014 2,292,967 10% Admin 22,789 100,269 33,423 133,692 19,814 53,001 229,297 Grand Total 250,683 1,102,955 367,652 1,470,607 217,959 583,015 2,522,264 Council Funded 85,000 150,000 50,000 200,000 85,000 150,000 520,000 Gapj 165,683 1 952,955 317,652 1,270,607 132,959 433,015 2,002,264 20% Contingency 33,137 190,591 63,530 254,121 26,592 86,603 400,453 Total with Contingency 198,819 1,143,547 381,182 1,524,729 159,550 519,618 2,402,717 Month Detail Actual Addison Carrollton Coppell Farmers Branch Total Dallas Cty Denton Cty Total March -May Rent 44,016 179,741 59,914 239,655 31,534 95,450 410,655 Utilities 1,331 14,990 4,997 19,986 2,148 6,851 30,316 Food 7,000 26,250 8,750 35,000 7,000 21,000 70,000 Total March -May 52,347 220,981 73,660 294,641 40,682 123,301 510,971 Projected Addison Carrollton Coppell Farmers Branch Total Dallas Cty Denton Cty Total June Rent 25,442 116,432 38,811 155,242 22,174 53,775 256,633 Utilities 549 3,042 1,014 4,056 543 2,256 7,404 Food 5,000 18,750 6,250 25,000 5,000 15,000 50,000 Total Proj. June 30,991 138,224 46,075 184,298 27,717 71,031 314,037 Projected Addison Carrollton Coppell Farmers Branch Total Dallas Cty Denton Cty Total July Rent 25,442 116,432 38,811 155,242 22,174 53,775 256,633 Utilities 659 3,650 1,217 4,867 652 2,707 8,885 Food 5,000 18,750 6,250 25,000 5,000 15,000 50,000 Total Proj. July 31,101 138,832 46,277 185,109 27,826 71,482 315,518 Projected Addison Carrollton Dallas Cty Denton Cty Total Coppell Farmers Branch Total August Rent 20,354 93,145 31,048 124,194 17,739 43,020 205,306 Utilities 659 3,650 1,217 4,867 652 2,707 8,885 Food 4.1% 65.4% 7.5% 23.0% 40,000 Food 5,000 18,750 6,250 25,000 5,000 15,000 50,000 Total Proj. August 26,012 115,546 38,515 154,061 23,391 60,727 264,191 Projected Addison Carrollton Dallas Cty Denton Cty Total Coppell Farmers Branch Total September Rent 20,354 93,145 31,048 124,194 17,739 43,020 205,306 Utilities 659 3,650 1,217 4,867 652 2,707 8,885 Food 4,000 15,000 5,000 20,000 4,000 12,000 40,000 Total Proj. September 25,012 111,796 37,265 149,061 22,391 57,727 254,191 Projected Addison Carrollton Dallas Cty Denton Cty Total Coppell Farmers Branch Total October Rent 16,283 74,516 24,839 99,355 14,191 34,416 164,245 Utilities 527 2,920 973 3,894 521 2,166 7,108 Food 4,000 15,000 5,000 20,000 4,000 12,000 40,000 Total Proj. October 20,810 92,436 30,812 123,249 18,713 48,582 211,353 Projected Addison Carrollton Dallas Cty Denton Cty Total Coppell Farmers Branch Total November Rent 16,283 74,516 24,839 99,355 14,191 34,416 164,245 Utilities 527 2,920 973 3,894 521 2,166 7,108 Food 4,000 15,000 5,000 20,000 4,000 12,000 40,000 Total Proj. November 20,810 92,436 30,812 123,249 18,713 48,582 211,353 Projected Addison Carrollton Dallas Cty Denton Cty Total Coppell Farmers Branch Total December Rent 16,283 74,516 24,839 99,355 14,191 34,416 164,245 Utilities 527 2,920 973 3,894 521 2,166 7,108 Food 4,000 15,000 5,000 20,000 4,000 12,000 40,000 Total Proj. December 20,810 92,436 30,812 123,249 18,713 48,582 211,353 Coppell YMCA Current and Forecasted Expenses Crisis Care/Covid-19 programs Coppell YMCA Expenses 3/23/20 through 6/1/2020 Amount Budget Notes Direct Service Wages and Benefits: Emergency Child Care $59,727.14 Reflects Coppell FT School Age staff wages-- working 12 hours M -F for ten weeks. Reflects Coppell support staff onsite (MOD) Direct Service Wages and Benefits: Coppell Covid-response $12,000.00 Reflects Coppell Executive managing property beyond traditional schedule for crisis care program deliveries and events (beyond ECC) Indirect Service Salaries/Wages and Benefits $14,952.38 Reflects Senior School Age staff salary amount facilitating program-- M -F for ten weeks Association Overhead $5,408.57 Marketing, Development and logistical support, Coppell only, for ten weeks Supplies $1,040.00 $1,000 of materials for Emergency Childcare (receipt based purchases); $40 in as costs for senior care deliver items (estimated) $93,128.09 $91,288 to operate Emergency Childcare programs in Coppell for ten weeks; Expense (incurred) $1,840 to support Coppell seniors (age 65+) three hours per day for six weeks Coppell YMCA Expenses estimated June -December 2020 Summer Day Camp (June -August 2020) $3,000.00 We have had three financial assistance requests from ECC participants to date; estimation based on trend Afterschool Care (August -December 2020) $71820.00 $6,800.00 was total Financial Assistance request for CISD afterschool in 2019; attributed 15% growth (10% is traditional growth per ear) Out of School Time (non-academic)* $273,302.00 Non-academic out of school time assumes a CISD schedule based on cohorts in the classroom on differing days or shorter schedules. The YMCA is committed to securing space to offer city workers, teachers and Coppell essential working families a place for their children to go during the parent workday. Costs include training and staffing an offsite location, materials, licensing, food, background checks and cleaning/janitorial. There is also a technology investment needed; please see further budget notes below on arrived costs (all forecasted at this time for 100 children). Expense (estimated) $284,122.00 Total Expense Incurred and Estimated: $377,250.09 *see next page for financial breakdown Out of School Time (OST) Program Budget August -December 2020 Program Expenses $273,302.00 Amount Assuming a 16 week program for 100 kids Staffing $115,200.00 $18. per hour on PT/FT staff; 8 hours of daily programming (M -F) with ten Y leaders staffed for a 1:10 ratio at all times. Background Checks $1,125.00 $75 per background check, assuming 15 staff hired? Training Hours $4,275.00 $9.50 per hour for training 15 staff (30 hours of training) Licensing $300.00 Licensing costs for program Lunch/Snack $76,000.00 $6.50 per child per day for lunch ($5) and two snacks ($1.50 each/$3) in line with licensing standards/partner vendors Materials/Curriculum $8,000.00 $1 per child per day for materials related to the program $13,120.00 Assuming busses are running, we will transport kids from schools to the out -of - school program. Durham contract already established with Y; $55 per hour; Transportation estimating $164 per 3 hours daily in Coppell ISD loop only. Cleaning/Janitorial $16,000.00 Estimating materials to clean a shared space at $1 k per week $10,000.00 Will provide internet access to students who need to complete distance learning academic work, but do not have a device at home to bring for Technology completion. This assumes laptops, a locking charging cart, a wireless printer and casting tech to a flat screen for any shared lessons/educational ro rammin Overhead expenses $29,282.00 Will include Senior Leadership SAS for curriculum development, Coppell Exec or lead role, YMCA marketing, development, etc. Program Expenses $273,302.00 T H E • C I T Y • O F COPPELL T ll a o R A s 1 8 My I Myto] \71101 11110 To: Mayor and City Council From: Mike Land, City Manager and Mindi Hurley, Director of Community Development Date: July 14, 2020 Reference: Consider approval of two Resolutions approving the City of Coppell's allocation of funds from the CARES Act for social services and local businesses; and authorizing the Mayor to sign. Dallas County and Denton County are providing CARES Act Funding to municipalities located in each county to assist with expenditures related to COVID-19. These funds are allocated to each municipality based on population within the respective county. From Dallas County, the City of Coppell will receive $2,228,490, which is based on $55 per resident with a current population estimate of 40,518 in Dallas County. From Denton County, the City of Coppell will receive $45,210, which is based on $55 per resident with a current population estimate of 822 in Denton County. The qualifying expenditures for these funds include medical, public health measures, governmental services and employment or business economic support that occur between the dates of March 1, 2020 and December 30, 2020. Due to COVID-19, numerous businesses in the City of Coppell were required to close their doors or limit their service offerings. As a result, these businesses have suffered. In order to help them in their recovery efforts, the City would like to expend some of the CARES Funding dollars to provide economic support to those businesses through forgiveable grants. Of the $2,273,700 the City of Coppell will receive, $1,650,000 will be dedicated to providing grants to Coppell businesses. BUSINESS ECONOMIC SUPPORT: The City will administer two grant programs for qualifying businesses. Both programs have been approved by Dallas County. The following provides general details of each program and a breakdown and explanation of how the funds will be allocated: I. Coppell Cares Restaurant Assistance Grant Program - The City of Coppell is dedicating $660,000 to the Coppell Cares Restaurant Assistance Grant Program. Restaurants will be awarded forgiveable grants. Grants will be awarded based on occupancy load. The restaurant will be awarded $55 per allowable occupant. Criteria to qualify: • The restaurant must be located within the city limits of Coppell and must be in current compliance with the City of Coppell Code of Ordinances, including all applicable zoning and land use ordinances; • The restaurant must not be in any litigation with the City of Coppell or the County in which they are located; • The restaurant must have a physical store front in Coppell; • The restaurant must demonstrate that they have endured a 25% or greater reduction in sales/business after March 1, 2020 due to the COVID-19 pandemic; II. Coppell Cares Business Retrofit Grant Program - o The City of Coppell is designating $990,000 to the Coppell Cares Business Retrofit Grant Program. Businesses retrofitting their physical space to meet public health and/or safety concerns will be reimbursed for expenditures up to $5,000. Examples of items eligible for reimbursement include plexiglass barriers, cleaning supplies that are used to clean common contact surfaces, hand sanitizing stations, PPE supplies, costs to create an on-line purchasing system, contactless faucets, upgrading to a contactless payment system, upgrading sanitation systems (such as UV systems), antimicrobial furniture, cubicle height extenders, desk dividers or privacy panels, quick flex walls and costs to install plexiglass or protective barriers. The City will encourage businesses to purchase all available items from a Coppell business when possible. A comprehensive list of available items that are eligible for reimbursement and Coppell businesses that provide them will be made available on the website. While staff has made every effort to identify those Coppell businesses that provide reimbursement eligible items, we will continue to update that list as we are made aware of additional businesses that provide eligible items. All purchases will be reimbursed after receipt is submitted, and the grant will not exceed the amount spent by the business to retrofit their business. In all cases, the maximum grant amount each month will not exceed $5,000. Criteria to qualify: • The business must be located within the city limits of Coppell and must be in current compliance with the City of Coppell Code of Ordinances, including all applicable zoning and land use ordinances; • The business must not be in any litigation with the City of Coppell or the County in which they are located; • The business must have a physical store front in Coppell; • The business must be open to the public to conduct business. There will be a call for applications once per month every month until all funds have been distributed. A business may qualify for both grant programs. Businesses that have not previously received a grant will be given higher priority when considering applications. A schedule will be made available on the website for subsequent monthly application periods. After businesses have been notified that they have been awarded a grant, they will also be responsible for turning in all necessary paperwork by a specified date in order to receive their grant. Those dates will also be published on the website. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, APPROVING FUNDING THROUGH PROGRAM GRANTS UNDER THE TERMS AND CONDITIONS AS SET FORTH IN EXHIBIT `A' WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN FOR LOCAL BUSINESS IMPACTED BY COVID-19 PANDEMIC IN THE AMOUNT NOT TO EXCEED $1,650,000.00, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `A'; PROVIDING FOR A GRANT AGREEMENT BY AND BETWEEN COPPELL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Texas through the Dallas and Denton Counties has committed funds from the United States Treasury Department under the Coronavirus Aid, Relief, and Economic Security Act also known as the "CARES Act"; and, WHEREAS, the City of Coppell is a local government defined by the Texas Government Code § 791.003(4)(A) and has been providing funding from Dallas and Denton Counties to administer and provide grants in conformity with Federal, State and County requirements and desires to enter into this Agreement within the qualifying entities by receiving funding; and, WHEREAS, the City of Coppell desires to provide funding from the Counties for the administration and distribution of a portion of funds to local social service agencies, childcare agency and local businesses as authorized by CARES Act; and, WHEREAS, the City Council of the City of Coppell finds it to be in the public interest to provide for local funding to qualified entities and business located and/or serving in Coppell, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. That the City Council of the City of Coppell, Texas, hereby approves CARES Act COVID-19 funding through Program Grants under the terms and conditions as set forth in Exhibit "A", which is attached hereto and incorporated herein, for qualifying local businesses impacted by the COVID-19 pandemic, as authorized by CARES Act. SECTION 2. That the City Council of the City of Coppell approves the expenditure not to exceed $1,650,000.00 to the Program subject to execution of the appropriate documents with the qualifying entities or business as provided in the Program (Exhibit A). SECTION 3. That the City Council approves and authorize the City Manager or designee to administer said Program under the terms and conditions set forth herein; and, to make such accounting and administration that is necessary to fulfill the requirements of the TM 116626 CARES Act and any regulations or rules adopted. SECTION 4. This Resolution shall become effective immediately upon its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on the day of July, 2020 APPROVED: KAREN SELBO HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ROBERT HAGER, CITY ATTORNEY TM 116626 EXHIBIT "A" (Following page) Coppell Cares Restaurant Assistance Grant Program Purpose: Due to COVID-19, numerous businesses in the City of Coppell were required to close their doors or limit their service offerings. As a result, these businesses have suffered financially. In order to help them in their recovery efforts, the City would like to expend some of the Cares Funding dollars to provide economic support to these businesses through forgivable grants. The Restaurant Assistance Grant Program is aimed at assisting the restaurants in Coppell, which add to the quality of life for the citizens but are unfortunately some of the businesses that have suffered the greatest financial distress during this time. The goal of this program is to increase the viability and longevity of Coppell's restaurants until business operations are enough to sustain them. The City of Coppell is dedicating $660,000 to the Coppell Cares Restaurant Assistance Grant Program. Grants will be awarded based on occupancy load. Restaurants that apply and meet the qualifying criteria will be awarded $55 per allowable occupant. To qualify, a restaurant: • Must be located within the city limits of Coppell and must be in current compliance with the City of Coppell Code of Ordinances, including all applicable zoning and land use ordinances; • Must not be in any litigation with the City of Coppell or the County in which they are located; • Must have a physical store front in Coppell; • Must demonstrate that they have endured a 25% or greater reduction in sales/business after March 1, 2020 due to the COVID-19 pandemic. The following documentation must be provided by the restaurant at the time of application: • A completed application. • A signed Affidavit of Eligibility and Liability Release Agreement. • A copy of the restaurant's Certificate of Occupancy. There will be a monthly application period with designated submission deadlines until all funds have been distributed. Any incomplete submissions will be denied for that grant period. Coppell Cares Restaurant Assistance Grant Program Application Date of Application: Name of Restaurant: Restaurant Address: Restaurant Phone Number: Restaurant Website: Number of Years in Service in Coppell: Owner Name: Owner Email Address: Owner Phone Number: General Manager Name: General Manager Email Address: General Manager Phone Number: Square Footage of Your Restaurant: Occupancy Load for Your Restaurant: Is the Restaurant Currently Open and Operating: _ If yes to the question above, in what capacity is it operating (please check all that apply): Curbside Pick -Up Delivery Patio Dining Dine -In Service Please list revenue for each of the following months for the past two years: Year January February March April May 2019 2020 Have you applied for any other program, loans and/or grants since March 1, 2020: Yes No If yes to the question above, please list all programs, loans and/or grants that have been applied for and the application status by indicating the following: a) received, b) denied or c) pending: Program/Loan/Grant Status Is Restaurant in current compliance with all City of Coppell Code of Ordinances, including all applicable zoning and land use ordinances: The information provided will be kept confidential. By signing below, you declare that you are authorized to apply for this grant on behalf of the restaurant and that all the information provided is truthful to the best of your knowledge. You also understand that if any of the information provided is determined to be incorrect after an award is granted, applicant may be required to repay the full amount of the grant. Applicant Signature Print Name Title E -Mail Address & Phone Number Date STATE OF TEXAS § COUNTY OF DALLAS § Affidavit of Eligibility and Liability Release Agreement BEFORE ME, the undersigned authority, on this day personally appeared , and upon his/her oath deposed and stated as follows: This Affidavit of Eligibility and Liability Release Agreement ("Affidavit/Release" or "Agreement") to the City of Coppell, Texas ("City") as a legal representative of (the "Company"), with the understanding that this Affidavit/Release will be relied upon by the City (and the other City Persons) in connection with the Company's application for financial assistance (the "Application") under the Coppell Cares Restaurant Assistance Grant Program (the "Program"). Company acknowledges and agrees that there is adequate, sufficient, and good and valuable consideration for this Affidavit/Release. Compliance: 1. Company is in compliance with, and will continue to comply with all the rules, regulations, terms and conditions set forth in the Application, and with all laws, rules and regulations pertaining to the Application and the Program; that all information provided to the City now and in the future has been and will be true, accurate, and complete. Company has not perpetrated and will not perpetrate any fraud or deception in connection with the Program. Company has not sought to influence the outcome of the Application and is submitting this Agreement as expressly required under the Program's criteria. 2. Company understands that the City or its agents may be required to advise the United States Internal Revenue Service of the value of any Program grant awarded to the Company, and in connection therewith, a completed Form W-9 is attached hereto. I acknowledge and agree that I may be subject to taxation in connection with a Program grant and will pay any and all such taxes when due. Release, Indemnity and Hold Harmless: 3. COMPANY HEREBY RELEASESS, WAIVE, ACQUITS, FOREVER DISCHARGES, AND COVENANTS NOT TO SUE THE CITY OR ANY OF THE CITY'S OFFICIALS, OFFICERS, EMPLOYEES, AGENTS OR VOLUNTEERS, IN EITHER THEIR OFFICIAL OR PRIVATE CAPACITIES (COLLECTIVELY, "CITY PERSONS"), FOR AND/OR FROM ANY AND ALL CLAIMS, LIABILITY, DEMANDS, LOSSES, HARM, ACTIONS, SUITS, JUDGMENTS, PENALTIES, FEES, COSTS AND EXPENSES WHATSOEVER, (COLLECTIVELY, "CLAIMS"), WHICH THE COMPANY MAY NOW OR HEREAFTER BE ENTITLED TO ASSERT, ARISING OUT OF, CAUSED BY, IN CONNECTION WITH, OR RELATED TO, THE PROGRAM, OR MY POSSESSION, ACCEPTANCE, USE, OR MISUSE THEREOF, OR ANY OF MY OTHER ACTS OR OMISSIONS IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, DEATH, ILLNESS, INJURY, LOSS OF ENJOYMENT, PROPERTY DAMAGE OR DESTRUCTION, OR OTHER HARM OR LOSS OF ANY NATURE, AND ANY AND ALL ANY TAXES LEVIED, ASSESSED OR COLLECTED, AND FURTHER INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS WHICH ARISE OUT OF, ARE RELATE TO, OR ARE CAUSED BY, IN WHOLE OR IN PART, ANY NEGLIGENT ACT OR OMISSION OF THE CITY OR ANY CITY PERSONS OR ANY OTHER PERSONS, OR ANY ACT OR OMISSION OF THE CITY, ANY CITY PERSONS, OR ANY OTHER PERSONS, THAT WOULD GIVE RISE TO STRICT LIABILITY OF ANY KIND. Company has voluntarily chosen to submit its Application and hereby accepts Program grant funds, subject to eligibility, and AGREES TO ASSUME ANY AND ALL RISKS with respect to any harm, damage, injury, incident, action, occurrence or activity which may occur in connection with or result from the Application and/or Program Grant, and/or Company's acceptance, use, misuse, or possession thereof. 4. FURTHER, COMPANY HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY AND ALL CITY PERSONS FROM AND AGAINST ANY AND ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEY'S FEES (NOT TO EXCEED $350.00 PER HOUR), THAT MAY ARISE OUT OF, RESULT FROM, OR BE INCURRED DUE TO THE SUBMISSION OF COMPANY'S APPLICATION OR ITS PARTIPCATION IN THE PROGRAM, ACCEPTANCE OF A PROGRAM GRANT, ACCEPTANCE, USE, MISUSE OR POSSESION THEROF, OR ANY ACTS OR OMISSIONS IN CONNECTION THEREWITH. SUCH DEFENSE, INDEMNITY AND HOLD HARMLESS SHALL AND DOES INCLUDE CLAIMS ALLEGED OR FOUND TO HAVE BEEN CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE CITY, ANY CITY PERSONS, OR ANY OTHER PERSONS, OR BY ANY ACT OR OMISSION OF THE CITY, ANY CITY PERSONS, OR ANY OTHER PERSONS, THAT WOULD GIVE RISE TO STRICT LIABILITY OF ANY KIND. 5. It is the Company's express intent that this Affidavit/Release shall bind the Company, its agents, heirs, assigns, successors and legal representative(s), and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the City and all other City Persons (identified herein, including paragraph 3 hereof) for any and all purposes. 6. COMPANY UNDERSTANDS THAT THIS IS A LEGAL DOCUMENT AND THAT BY SIGNING IT, AMONG OTHER THINGS, COMPANY GIVES UP ITS RIGHT TO SUE OR OTHERWISE MAKE A CLAIM against the City and all other City Persons, as set forth herein. Representations: 7. I certify that I am a properly authorized official or agent of the Company and have the necessary legal authority to execute this Affidavit of Eligibility and Liability Release Agreement on the Company's behalf. 8. Company is not in any type or manner of litigation or contemplating litigation with the City or County of Dallas. 9. Company is currently operating with its principal place of business within the corporate limits of the City. Miscellaneous Provisions: 10. Company agrees to return, immediately upon demand by the City, any and all Program grant funds that have been or may be awarded if any statement, certification, or representation made in this Affidavit/Release is discovered or believed to be false or misleading, and Company acknowledges and agrees that all available legal, equitable and other rights and remedies may be pursued against it in connection therewith. Company represents and affirms that this Affidavit/Release does not conflict with any other commitments or obligations on its part. 11. Except for the Application and Program eligibility criteria, this Affidavit/Release constitutes the entire Agreement between Company and the City with respect to the matters described herein, and supersedes any and all other agreements and communications, oral or written, between Company and the City, any City Persons, or any other Persons. This Agreement may not be amended or supplemented except by a (paper) writing signed by the Company and the City. 12. The section and subsection headings contained herein are for convenience only and shall not be used in interpretation of this Agreement and are not intended to define or limit the scope of any provision of this Agreement. For purposes of this Agreement, "including" is a term of enlargement and not of limitation or exclusive enumeration, and use of the term does not create a presumption that components not expressed are excluded. 13. Company signs and makes this Affidavit/Release voluntarily, freely, and knowingly, and it has not relied upon any representations made by the City or any City Person in signing this Affidavit/Release. 14. This Affidavit/Release shall be governed by and construed according to the laws of the State of Texas (without reference to the choice of laws provisions of any jurisdiction), and venue for all matters, claims, or proceedings hereunder shall lie exclusively in Dallas County, Texas. 15. The provisions of this Affidavit/Release are severable, and if any provision hereof is held to be illegal, invalid or unenforceable under present or future constitution or laws, such provision shall be fully severable and this Affidavit/Release shall be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof shall remain in full force and effect. COMPANY CERTIFIES IT HAS READ THIS AFFIDAVIT/RELEASE, HAS FULLY INFORMED ITSELF OF ITS CONTENTS BEFORE EXECUTION, AND UNDERSTANDS ALL OF ITS TERMS, PROVIISONS, AND CONDITIONS. COMPANY HEREBY REPRESENTS AND WARRANTS THAT ALL STATEMENTS MADE IN THIS AFFIDAVIT/RLEASE ARE TRUE, ACCURATE AND COMPLETE. Signature: Title: Name: Company address: Date: STATE OF TEXAS § COUNTY OF DENTON § Affidavit of Eligibility and Liability Release Agreement BEFORE ME, the undersigned authority, on this day personally appeared , and upon his/her oath deposed and stated as follows: This Affidavit of Eligibility and Liability Release Agreement ("Affidavit/Release" or "Agreement") to the City of Coppell, Texas ("City") as a legal representative of (the "Company"), with the understanding that this Affidavit/Release will be relied upon by the City (and the other City Persons) in connection with the Company's application for financial assistance (the "Application") under the Coppell Cares Restaurant Assistance Grant Program (the "Program"). Company acknowledges and agrees that there is adequate, sufficient, and good and valuable consideration for this Affidavit/Release. Compliance: 1. Company is in compliance with, and will continue to comply with all the rules, regulations, terms and conditions set forth in the Application, and with all laws, rules and regulations pertaining to the Application and the Program; that all information provided to the City now and in the future has been and will be true, accurate, and complete. Company has not perpetrated and will not perpetrate any fraud or deception in connection with the Program. Company has not sought to influence the outcome of the Application and is submitting this Agreement as expressly required under the Program's criteria. 2. Company understands that the City or its agents may be required to advise the United States Internal Revenue Service of the value of any Program grant awarded to the Company, and in connection therewith, a completed Form W-9 is attached hereto. I acknowledge and agree that I may be subject to taxation in connection with a Program grant and will pay any and all such taxes when due. Release, Indemnity and Hold Harmless: 3. COMPANY HEREBY RELEASESS, WAIVE, ACQUITS, FOREVER DISCHARGES, AND COVENANTS NOT TO SUE THE CITY OR ANY OF THE CITY'S OFFICIALS, OFFICERS, EMPLOYEES, AGENTS OR VOLUNTEERS, IN EITHER THEIR OFFICIAL OR PRIVATE CAPACITIES (COLLECTIVELY, "CITY PERSONS"), FOR AND/OR FROM ANY AND ALL CLAIMS, LIABILITY, DEMANDS, LOSSES, HARM, ACTIONS, SUITS, JUDGMENTS, PENALTIES, FEES, COSTS AND EXPENSES WHATSOEVER, (COLLECTIVELY, "CLAIMS"), WHICH THE COMPANY MAY NOW OR HEREAFTER BE ENTITLED TO ASSERT, ARISING OUT OF, CAUSED BY, IN CONNECTION WITH, OR RELATED TO, THE PROGRAM, OR MY POSSESSION, ACCEPTANCE, USE, OR MISUSE THEREOF, OR ANY OF MY OTHER ACTS OR OMISSIONS IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, DEATH, ILLNESS, INJURY, LOSS OF ENJOYMENT, PROPERTY DAMAGE OR DESTRUCTION, OR OTHER HARM OR LOSS OF ANY NATURE, AND ANY AND ALL ANY TAXES LEVIED, ASSESSED OR COLLECTED, AND FURTHER INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS WHICH ARISE OUT OF, ARE RELATE TO, OR ARE CAUSED BY, IN WHOLE OR IN PART, ANY NEGLIGENT ACT OR OMISSION OF THE CITY OR ANY CITY PERSONS OR ANY OTHER PERSONS, OR ANY ACT OR OMISSION OF THE CITY, ANY CITY PERSONS, OR ANY OTHER PERSONS, THAT WOULD GIVE RISE TO STRICT LIABILITY OF ANY KIND. Company has voluntarily chosen to submit its Application and hereby accepts Program grant funds, subject to eligibility, and AGREES TO ASSUME ANY AND ALL RISKS with respect to any harm, damage, injury, incident, action, occurrence or activity which may occur in connection with or result from the Application and/or Program Grant, and/or Company's acceptance, use, misuse, or possession thereof. 4. FURTHER, COMPANY HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY AND ALL CITY PERSONS FROM AND AGAINST ANY AND ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEY'S FEES (NOT TO EXCEED $350.00 PER HOUR), THAT MAY ARISE OUT OF, RESULT FROM, OR BE INCURRED DUE TO THE SUBMISSION OF COMPANY'S APPLICATION OR ITS PARTIPCATION IN THE PROGRAM, ACCEPTANCE OF A PROGRAM GRANT, ACCEPTANCE, USE, MISUSE OR POSSESION THEROF, OR ANY ACTS OR OMISSIONS IN CONNECTION THEREWITH. SUCH DEFENSE, INDEMNITY AND HOLD HARMLESS SHALL AND DOES INCLUDE CLAIMS ALLEGED OR FOUND TO HAVE BEEN CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE CITY, ANY CITY PERSONS, OR ANY OTHER PERSONS, OR BY ANY ACT OR OMISSION OF THE CITY, ANY CITY PERSONS, OR ANY OTHER PERSONS, THAT WOULD GIVE RISE TO STRICT LIABILITY OF ANY KIND. 5. It is the Company's express intent that this Affidavit/Release shall bind the Company, its agents, heirs, assigns, successors and legal representative(s), and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the City and all other City Persons (identified herein, including paragraph 3 hereof) for any and all purposes. 6. COMPANY UNDERSTANDS THAT THIS IS A LEGAL DOCUMENT AND THAT BY SIGNING IT, AMONG OTHER THINGS, COMPANY GIVES UP ITS RIGHT TO SUE OR OTHERWISE MAKE A CLAIM against the City and all other City Persons, as set forth herein. Representations: 7. I certify that I am a properly authorized official or agent of the Company and have the necessary legal authority to execute this Affidavit of Eligibility and Liability Release Agreement on the Company's behalf. 8. Company is not in any type or manner of litigation or contemplating litigation with the City or County of Denton. 9. Company is currently operating with its principal place of business within the corporate limits of the City. Miscellaneous Provisions: 10. Company agrees to return, immediately upon demand by the City, any and all Program grant funds that have been or may be awarded if any statement, certification, or representation made in this Affidavit/Release is discovered or believed to be false or misleading, and Company acknowledges and agrees that all available legal, equitable and other rights and remedies may be pursued against it in connection therewith. Company represents and affirms that this Affidavit/Release does not conflict with any other commitments or obligations on its part. 11. Except for the Application and Program eligibility criteria, this Affidavit/Release constitutes the entire Agreement between Company and the City with respect to the matters described herein, and supersedes any and all other agreements and communications, oral or written, between Company and the City, any City Persons, or any other Persons. This Agreement may not be amended or supplemented except by a (paper) writing signed by the Company and the City. 12. The section and subsection headings contained herein are for convenience only and shall not be used in interpretation of this Agreement and are not intended to define or limit the scope of any provision of this Agreement. For purposes of this Agreement, "including" is a term of enlargement and not of limitation or exclusive enumeration, and use of the term does not create a presumption that components not expressed are excluded. 13. Company signs and makes this Affidavit/Release voluntarily, freely, and knowingly, and it has not relied upon any representations made by the City or any City Person in signing this Affidavit/Release. 14. This Affidavit/Release shall be governed by and construed according to the laws of the State of Texas (without reference to the choice of laws provisions of any jurisdiction), and venue for all matters, claims, or proceedings hereunder shall lie exclusively in Denton County, Texas. 15. The provisions of this Affidavit/Release are severable, and if any provision hereof is held to be illegal, invalid or unenforceable under present or future constitution or laws, such provision shall be fully severable and this Affidavit/Release shall be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof shall remain in full force and effect. COMPANY CERTIFIES IT HAS READ THIS AFFIDAVIT/RELEASE, HAS FULLY INFORMED ITSELF OF ITS CONTENTS BEFORE EXECUTION, AND UNDERSTANDS ALL OF ITS TERMS, PROVIISONS, AND CONDITIONS. COMPANY HEREBY REPRESENTS AND WARRANTS THAT ALL STATEMENTS MADE IN THIS AFFIDAVIT/RLEASE ARE TRUE, ACCURATE AND COMPLETE. Signature: Title: Name: Company address: Date: Coppell Cares Restaurant Assistance Grant Program Application Checklist Please Check All Completed Items Included: Fully completed application A signed Affidavit of Eligibility and Liability Release Agreement for the County in which the restaurant is located A copy of the company's Certificate of Occupancy Coppell Cares Business Retrofit Grant Program Purpose: Due to COVID-19, numerous businesses in the City of Coppell were required to close their doors or limit their service offerings. As a result, these businesses have suffered financially. In order to help them in their recovery efforts, the City would like to expend some of the Cares Funding dollars to provide economic support to these businesses through grants. The Business Retrofit Grant Program is aimed at assisting business in Coppell retrofitting their physical and/or virtual space to meet public health and/or safety concerns. The goal of the program is to reimburse businesses that have incurred expenses through the extra precautions they have taken in retrofitting their business to protect the safety and health of the public from COVID-19. Items eligible for reimbursement include plexiglass barriers, cleaning supplies that are used to clean common contact surfaces, hand sanitizing stations, PPE supplies, costs to create an on- line purchasing system, contactless faucets, upgrading to a contactless payment system, upgrading sanitation systems (such as UV systems), antimicrobial furniture, cubicle height extenders, desk dividers or privacy panels, quick flex walls and costs to install plexiglass or protective barriers. All eligible expenses will be reimbursed after the receipt is submitted, and the grant will not exceed the amount spent by the business to retrofit their business. In all cases, the maximum grant amount each month will not exceed $5,000. The City of Coppell is dedicating $990,000 to the Coppell Cares Business Retrofit Grant Program. Grants will be awarded based on actual dollars spent by the business. All Coppell businesses are eligible to apply. To qualify, the business: • Must be located within the city limits of Coppell and must be in current compliance with the City of Coppell Code of Ordinances, including all applicable zoning and land use ordinances; • Must not be in any litigation with the City of Coppell or the County they are located in; • Must have a physical store front in Coppell; • Must be open to the public to conduct business. The following documentation must be provided by the business at the time of application: • A completed application. • A signed Affidavit of Eligibility and Liability Release Agreement. • A copy of the Coppell Certificate of Occupancy for the business. • Copies of all receipts if the expenses have already been incurred. There will be a monthly application period with designated submission deadlines until all funds have been distributed. Any incomplete submissions will be denied for that grant period. A business may apply more than once, but the maximum grant awarded each month will never exceed $5,000 and reimbursement will never exceed the expenses incurred by the business. Funds will not be distributed until receipts have been received by the City. Furthermore, businesses that have not previously received a grant will be given higher priority when considering applications. Coppell Cares Business Retrofit Grant Program Application Date of Application: Name of Business: Business Address: Business Phone Number: Business Website: Number of Years in Service in Coppell: Owner Name: Owner Email Address: Owner Phone Number: General Manager Name: General Manager Email Address: General Manager Phone Number: Is the Business Currently Open and Operating: Please detail eligible expenses incurred by business, cost and if the expense has already been completed/incurred or planned: Eligible Expense/Retrofit I Cost I Completed or Planned Have you applied for any other program, loans and/or grants since March 1, 2020: Yes No If yes to the question above, please list all programs, loans and/or grants that have been applied for and the application status by indicating the following: a) received, b) denied or c) pending: Program/Loan/Grant Status Is Business in current compliance with all City of Coppell Code of Ordinances, including all applicable zoning and land use ordinances: The information provided will be kept confidential. By signing below, you declare that you are authorized to apply for this grant on behalf of the business and that all the information provided is truthful to the best of your knowledge. You also understand that if any of the information provided is determined to be incorrect after an award is granted, applicant may be required to repay the full amount of the grant. Applicant Signature Print Name Title E -Mail Address & Phone Number Date STATE OF TEXAS § COUNTY OF DALLAS § Affidavit of Eligibility and Liability Release Agreement BEFORE ME, the undersigned authority, on this day personally appeared , and upon his/her oath deposed and stated as follows: This Affidavit of Eligibility and Liability Release Agreement ("Affidavit/Release" or "Agreement") to the City of Coppell, Texas ("City") as a legal representative of (the "Company"), with the understanding that this Affidavit/Release will be relied upon by the City (and the other City Persons) in connection with the Company's application for financial assistance (the "Application") under the Coppell Cares Business Retrofit Grant Program (the "Program"). Company acknowledges and agrees that there is adequate, sufficient, and good and valuable consideration for this Affidavit/Release. Compliance: 1. Company is in compliance with, and will continue to comply with all the rules, regulations, terms and conditions set forth in the Application, and with all laws, rules and regulations pertaining to the Application and the Program; that all information provided to the City now and in the future has been and will be true, accurate, and complete. Company has not perpetrated and will not perpetrate any fraud or deception in connection with the Program. Company has not sought to influence the outcome of the Application and is submitting this Agreement as expressly required under the Program's criteria. 2. Company understands that the City or its agents may be required to advise the United States Internal Revenue Service of the value of any Program grant awarded to the Company, and in connection therewith, a completed Form W-9 is attached hereto. I acknowledge and agree that I may be subject to taxation in connection with a Program grant and will pay any and all such taxes when due. Release, Indemnity and Hold Harmless: 3. COMPANY HEREBY RELEASESS, WAIVE, ACQUITS, FOREVER DISCHARGES, AND COVENANTS NOT TO SUE THE CITY OR ANY OF THE CITY'S OFFICIALS, OFFICERS, EMPLOYEES, AGENTS OR VOLUNTEERS, IN EITHER THEIR OFFICIAL OR PRIVATE CAPACITIES (COLLECTIVELY, "CITY PERSONS"), FOR AND/OR FROM ANY AND ALL CLAIMS, LIABILITY, DEMANDS, LOSSES, HARM, ACTIONS, SUITS, JUDGMENTS, PENALTIES, FEES, COSTS AND EXPENSES WHATSOEVER, (COLLECTIVELY, "CLAIMS"), WHICH THE COMPANY MAY NOW OR HEREAFTER BE ENTITLED TO ASSERT, ARISING OUT OF, CAUSED BY, IN CONNECTION WITH, OR RELATED TO, THE PROGRAM, OR MY POSSESSION, ACCEPTANCE, USE, OR MISUSE THEREOF, OR ANY OF MY OTHER ACTS OR OMISSIONS IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, DEATH, ILLNESS, INJURY, LOSS OF ENJOYMENT, PROPERTY DAMAGE OR DESTRUCTION, OR OTHER HARM OR LOSS OF ANY NATURE, AND ANY AND ALL ANY TAXES LEVIED, ASSESSED OR COLLECTED, AND FURTHER INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS WHICH ARISE OUT OF, ARE RELATE TO, OR ARE CAUSED BY, IN WHOLE OR IN PART, ANY NEGLIGENT ACT OR OMISSION OF THE CITY OR ANY CITY PERSONS OR ANY OTHER PERSONS, OR ANY ACT OR OMISSION OF THE CITY, ANY CITY PERSONS, OR ANY OTHER PERSONS, THAT WOULD GIVE RISE TO STRICT LIABILITY OF ANY KIND. Company has voluntarily chosen to submit its Application and hereby accepts Program grant funds, subject to eligibility, and AGREES TO ASSUME ANY AND ALL RISKS with respect to any harm, damage, injury, incident, action, occurrence or activity which may occur in connection with or result from the Application and/or Program Grant, and/or Company's acceptance, use, misuse, or possession thereof. 4. FURTHER, COMPANY HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY AND ALL CITY PERSONS FROM AND AGAINST ANY AND ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEY'S FEES (NOT TO EXCEED $350.00 PER HOUR), THAT MAY ARISE OUT OF, RESULT FROM, OR BE INCURRED DUE TO THE SUBMISSION OF COMPANY'S APPLICATION OR ITS PARTIPCATION IN THE PROGRAM, ACCEPTANCE OF A PROGRAM GRANT, ACCEPTANCE, USE, MISUSE OR POSSESION THEROF, OR ANY ACTS OR OMISSIONS IN CONNECTION THEREWITH. SUCH DEFENSE, INDEMNITY AND HOLD HARMLESS SHALL AND DOES INCLUDE CLAIMS ALLEGED OR FOUND TO HAVE BEEN CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE CITY, ANY CITY PERSONS, OR ANY OTHER PERSONS, OR BY ANY ACT OR OMISSION OF THE CITY, ANY CITY PERSONS, OR ANY OTHER PERSONS, THAT WOULD GIVE RISE TO STRICT LIABILITY OF ANY KIND. 5. It is the Company's express intent that this Affidavit/Release shall bind the Company, its agents, heirs, assigns, successors and legal representative(s), and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the City and all other City Persons (identified herein, including paragraph 3 hereof) for any and all purposes. 6. COMPANY UNDERSTANDS THAT THIS IS A LEGAL DOCUMENT AND THAT BY SIGNING IT, AMONG OTHER THINGS, COMPANY GIVES UP ITS RIGHT TO SUE OR OTHERWISE MAKE A CLAIM against the City and all other City Persons, as set forth herein. Representations: 7. I certify that I am a properly authorized official or agent of the Company and have the necessary legal authority to execute this Affidavit of Eligibility and Liability Release Agreement on the Company's behalf. 8. Company is not in any type or manner of litigation or contemplating litigation with the City or County of Dallas. 9. Company is currently operating with its principal place of business within the corporate limits of the City. Miscellaneous Provisions: 10. Company agrees to return, immediately upon demand by the City, any and all Program grant funds that have been or may be awarded if any statement, certification, or representation made in this Affidavit/Release is discovered or believed to be false or misleading, and Company acknowledges and agrees that all available legal, equitable and other rights and remedies may be pursued against it in connection therewith. Company represents and affirms that this Affidavit/Release does not conflict with any other commitments or obligations on its part. 11. Except for the Application and Program eligibility criteria, this Affidavit/Release constitutes the entire Agreement between Company and the City with respect to the matters described herein, and supersedes any and all other agreements and communications, oral or written, between Company and the City, any City Persons, or any other Persons. This Agreement may not be amended or supplemented except by a (paper) writing signed by the Company and the City. 12. The section and subsection headings contained herein are for convenience only and shall not be used in interpretation of this Agreement and are not intended to define or limit the scope of any provision of this Agreement. For purposes of this Agreement, "including" is a term of enlargement and not of limitation or exclusive enumeration, and use of the term does not create a presumption that components not expressed are excluded. 13. Company signs and makes this Affidavit/Release voluntarily, freely, and knowingly, and it has not relied upon any representations made by the City or any City Person in signing this Affidavit/Release. 14. This Affidavit/Release shall be governed by and construed according to the laws of the State of Texas (without reference to the choice of laws provisions of any jurisdiction), and venue for all matters, claims, or proceedings hereunder shall lie exclusively in Dallas County, Texas. 15. The provisions of this Affidavit/Release are severable, and if any provision hereof is held to be illegal, invalid or unenforceable under present or future constitution or laws, such provision shall be fully severable and this Affidavit/Release shall be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof shall remain in full force and effect. COMPANY CERTIFIES IT HAS READ THIS AFFIDAVIT/RELEASE, HAS FULLY INFORMED ITSELF OF ITS CONTENTS BEFORE EXECUTION, AND UNDERSTANDS ALL OF ITS TERMS, PROVIISONS, AND CONDITIONS. COMPANY HEREBY REPRESENTS AND WARRANTS THAT ALL STATEMENTS MADE IN THIS AFFIDAVIT/RLEASE ARE TRUE, ACCURATE AND COMPLETE. Signature: Title: Name: Company address: Date: STATE OF TEXAS § COUNTY OF DENTON § Affidavit of Eligibility and Liability Release Agreement BEFORE ME, the undersigned authority, on this day personally appeared , and upon his/her oath deposed and stated as follows: This Affidavit of Eligibility and Liability Release Agreement ("Affidavit/Release" or "Agreement") to the City of Coppell, Texas ("City") as a legal representative of (the "Company"), with the understanding that this Affidavit/Release will be relied upon by the City (and the other City Persons) in connection with the Company's application for financial assistance (the "Application") under the Coppell Cares Business Retrofit Grant Program (the "Program"). Company acknowledges and agrees that there is adequate, sufficient, and good and valuable consideration for this Affidavit/Release. Compliance: 1. Company is in compliance with, and will continue to comply with all the rules, regulations, terms and conditions set forth in the Application, and with all laws, rules and regulations pertaining to the Application and the Program; that all information provided to the City now and in the future has been and will be true, accurate, and complete. Company has not perpetrated and will not perpetrate any fraud or deception in connection with the Program. Company has not sought to influence the outcome of the Application and is submitting this Agreement as expressly required under the Program's criteria. 2. Company understands that the City or its agents may be required to advise the United States Internal Revenue Service of the value of any Program grant awarded to the Company, and in connection therewith, a completed Form W-9 is attached hereto. I acknowledge and agree that I may be subject to taxation in connection with a Program grant and will pay any and all such taxes when due. Release, Indemnity and Hold Harmless: 3. COMPANY HEREBY RELEASESS, WAIVE, ACQUITS, FOREVER DISCHARGES, AND COVENANTS NOT TO SUE THE CITY OR ANY OF THE CITY'S OFFICIALS, OFFICERS, EMPLOYEES, AGENTS OR VOLUNTEERS, IN EITHER THEIR OFFICIAL OR PRIVATE CAPACITIES (COLLECTIVELY, "CITY PERSONS"), FOR AND/OR FROM ANY AND ALL CLAIMS, LIABILITY, DEMANDS, LOSSES, HARM, ACTIONS, SUITS, JUDGMENTS, PENALTIES, FEES, COSTS AND EXPENSES WHATSOEVER, (COLLECTIVELY, "CLAIMS"), WHICH THE COMPANY MAY NOW OR HEREAFTER BE ENTITLED TO ASSERT, ARISING OUT OF, CAUSED BY, IN CONNECTION WITH, OR RELATED TO, THE PROGRAM, OR MY POSSESSION, ACCEPTANCE, USE, OR MISUSE THEREOF, OR ANY OF MY OTHER ACTS OR OMISSIONS IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, DEATH, ILLNESS, INJURY, LOSS OF ENJOYMENT, PROPERTY DAMAGE OR DESTRUCTION, OR OTHER HARM OR LOSS OF ANY NATURE, AND ANY AND ALL ANY TAXES LEVIED, ASSESSED OR COLLECTED, AND FURTHER INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS WHICH ARISE OUT OF, ARE RELATE TO, OR ARE CAUSED BY, IN WHOLE OR IN PART, ANY NEGLIGENT ACT OR OMISSION OF THE CITY OR ANY CITY PERSONS OR ANY OTHER PERSONS, OR ANY ACT OR OMISSION OF THE CITY, ANY CITY PERSONS, OR ANY OTHER PERSONS, THAT WOULD GIVE RISE TO STRICT LIABILITY OF ANY KIND. Company has voluntarily chosen to submit its Application and hereby accepts Program grant funds, subject to eligibility, and AGREES TO ASSUME ANY AND ALL RISKS with respect to any harm, damage, injury, incident, action, occurrence or activity which may occur in connection with or result from the Application and/or Program Grant, and/or Company's acceptance, use, misuse, or possession thereof. 4. FURTHER, COMPANY HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY AND ALL CITY PERSONS FROM AND AGAINST ANY AND ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEY'S FEES (NOT TO EXCEED $350.00 PER HOUR), THAT MAY ARISE OUT OF, RESULT FROM, OR BE INCURRED DUE TO THE SUBMISSION OF COMPANY'S APPLICATION OR ITS PARTIPCATION IN THE PROGRAM, ACCEPTANCE OF A PROGRAM GRANT, ACCEPTANCE, USE, MISUSE OR POSSESION THEROF, OR ANY ACTS OR OMISSIONS IN CONNECTION THEREWITH. SUCH DEFENSE, INDEMNITY AND HOLD HARMLESS SHALL AND DOES INCLUDE CLAIMS ALLEGED OR FOUND TO HAVE BEEN CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE CITY, ANY CITY PERSONS, OR ANY OTHER PERSONS, OR BY ANY ACT OR OMISSION OF THE CITY, ANY CITY PERSONS, OR ANY OTHER PERSONS, THAT WOULD GIVE RISE TO STRICT LIABILITY OF ANY KIND. 5. It is the Company's express intent that this Affidavit/Release shall bind the Company, its agents, heirs, assigns, successors and legal representative(s), and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the City and all other City Persons (identified herein, including paragraph 3 hereof) for any and all purposes. 6. COMPANY UNDERSTANDS THAT THIS IS A LEGAL DOCUMENT AND THAT BY SIGNING IT, AMONG OTHER THINGS, COMPANY GIVES UP ITS RIGHT TO SUE OR OTHERWISE MAKE A CLAIM against the City and all other City Persons, as set forth herein. Representations: 7. I certify that I am a properly authorized official or agent of the Company and have the necessary legal authority to execute this Affidavit of Eligibility and Liability Release Agreement on the Company's behalf. 8. Company is not in any type or manner of litigation or contemplating litigation with the City or County of Denton. 9. Company is currently operating with its principal place of business within the corporate limits of the City. Miscellaneous Provisions: 10. Company agrees to return, immediately upon demand by the City, any and all Program grant funds that have been or may be awarded if any statement, certification, or representation made in this Affidavit/Release is discovered or believed to be false or misleading, and Company acknowledges and agrees that all available legal, equitable and other rights and remedies may be pursued against it in connection therewith. Company represents and affirms that this Affidavit/Release does not conflict with any other commitments or obligations on its part. 11. Except for the Application and Program eligibility criteria, this Affidavit/Release constitutes the entire Agreement between Company and the City with respect to the matters described herein, and supersedes any and all other agreements and communications, oral or written, between Company and the City, any City Persons, or any other Persons. This Agreement may not be amended or supplemented except by a (paper) writing signed by the Company and the City. 12. The section and subsection headings contained herein are for convenience only and shall not be used in interpretation of this Agreement and are not intended to define or limit the scope of any provision of this Agreement. For purposes of this Agreement, "including" is a term of enlargement and not of limitation or exclusive enumeration, and use of the term does not create a presumption that components not expressed are excluded. 13. Company signs and makes this Affidavit/Release voluntarily, freely, and knowingly, and it has not relied upon any representations made by the City or any City Person in signing this Affidavit/Release. 14. This Affidavit/Release shall be governed by and construed according to the laws of the State of Texas (without reference to the choice of laws provisions of any jurisdiction), and venue for all matters, claims, or proceedings hereunder shall lie exclusively in Denton County, Texas. 15. The provisions of this Affidavit/Release are severable, and if any provision hereof is held to be illegal, invalid or unenforceable under present or future constitution or laws, such provision shall be fully severable and this Affidavit/Release shall be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof shall remain in full force and effect. COMPANY CERTIFIES IT HAS READ THIS AFFIDAVIT/RELEASE, HAS FULLY INFORMED ITSELF OF ITS CONTENTS BEFORE EXECUTION, AND UNDERSTANDS ALL OF ITS TERMS, PROVIISONS, AND CONDITIONS. COMPANY HEREBY REPRESENTS AND WARRANTS THAT ALL STATEMENTS MADE IN THIS AFFIDAVIT/RLEASE ARE TRUE, ACCURATE AND COMPLETE. Signature: Title: Name: Company address: Date: Coppell Cares Business Retrofit Grant Program Application Checklist Please Check All Completed Items Included: Fully completed application A signed Affidavit of Eligibility and Liability Release Agreement for the County in which the business is located A copy of the company's Certificate of Occupancy Copies of all receipts if the expenses have already been incurred City of Coppell, Texas COrPELL File ID: 2020-5197 Version: 1 File Name: CM Reports 7/14/20 Master File Number: 2020-5197 Type: Agenda Item Reference: 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: City Manager Reports In Control: City Council File Created: 07/06/2020 Final Action: Title: Report by the City Manager regarding COVID-19 virus response. Notes: Sponsors: Attachments: Contact: Drafter: Related Files: Agenda Date: 07/14/2020 Agenda Number: Enactment Date: Enactment Number: Hearing Date: Effective Date: History of Legislative File Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5197 Title Report by the City Manager regarding COVID-19 virus response. Summary City of Coppell, Texas Page 1 Printed on 7/1312020 City of Coppell, Texas COrPELL File ID: 2020-5198 Version: 1 File Name: Mayor & CC Reports 7/14/20 Master File Number: 2020-5198 Type: Agenda Item Reference: 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Mayor and Council Reports In Control: City Council File Created: 07/06/2020 Final Action: Title: Report by the City Council on recent and upcoming events. Notes: Sponsors: Attachments: Contact: Drafter: Related Files: Agenda Date: 07/14/2020 Agenda Number: Enactment Date: Enactment Number: Hearing Date: Effective Date: History of Legislative File Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5198 Title Report by the City Council on recent and upcoming events. Summary City of Coppell, Texas Page 1 Printed on 7/1312020