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HomeMy WebLinkAbout2021 1019Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: October 19, 2021 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 4 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: October 19, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Proclamation Agenda Section: Subject: Proclamation: National Chiropractic Health Month. (Council) Suggested Action: Attachments: National Chiropractic Health Month 2021.docx 5 MAYORAL PROCLAMATION WHEREAS,There has been a general increase in the prevalence of sedentary lifestyles over the years due to advances in technology and transportation, and further exacerbated over the past year by the COVID-19 pandemic and the increase in remote work, leading to an increase in musculoskeletal conditions such as low back pain and joint pain; WHEREAS, The public health crisis has also led to an increase in stress and mental health problems nationwide. A March 2021 survey by the Centers for Disease Control and Prevention found that the prevalence of adults with anxiety or a depressive disorder increased from 36.4% to 41.5% between August 2020 and February 2021 WHEREAS,Research shows that physical activity provides several important health benefits, including helping to manage weight, increase bone and muscle strength, lower blood pressure and cholesterol, and decrease risk of heart disease and stroke; WHEREAS,Research shows that physical activity also provides valuable benefits to our mental health by reducing the risk of anxiety and depression and enhancing sleep and quality of life; WHEREAS,Doctors of chiropractic are physician-level healthcare providers who focus on the whole person as part of their hands-on, nondrug approach to pain management and health promotion, and who have special expertise in the prevention, treatment and rehabilitation of musculoskeletal conditions that may inhibit movement and physical activity; WHEREAS,In addition to expertise in spinal manipulation, chiropractors are trained to recommend therapeutic and rehabilitative exercises, and to provide nutritional, dietary and lifestyle advice to help people enhance their physical fitness and overall wellness. WHEREAS,Chiropractors, who have been listed as part of the essential healthcare workforce by the U.S. Department of Homeland Security, are also trained to diagnose conditions and to refer patients to other healthcare providers and specialties when necessary; WHEREAS,National Chiropractic Health Month 2021 serves as a reminder to all citizens that doctors of chiropractic can be key partners in helping them to keep moving by treating pain and improving function with noninvasive, nondrug approaches that are safe and effective; NOW, THEREFORE, I JoeMcCourry, Mayor of The Colony, Texas, officially joins with the American Chiropractic Association as it promotes the physical and mental health benefits of physical activity with its “Keep Moving!” campaign by proclaiming October 2021 National Chiropractic Health Month. SIGNED and SEALED this 19 th day of October 2021. Joe McCourry, Mayor 6 City of The Colony, Texas 7 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: October 19, 2021 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Council to provide direction to staff regarding future agenda items. (Council) Suggested Action: Attachments: 8 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: October 19, 2021 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes for October 6, 2021. (Stewart) Suggested Action: Attachments: October 6, 2021 DRAFT Minutes.docx 9 1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action will be taken and no direction will be given regarding these items. MINUTES OF THE CITY COUNCIL REGULAR SESSION HELD ON OCTOBER 6, 2021 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:31 p.m. on the 6 th day of October 2021, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry, Mayor Kirk Mikulec, Deputy Mayor Pro Tem Richard Boyer, Mayor Pro Tem Brian Wade, Councilmember David Terre, Councilmember Perry Schrag, Councilmember Joel Marks, Councilmember Present Present Present Present Present Present Present And with 7 council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor McCourry called the meeting to order at 6:31 p.m. 1.2 Invocation Pastor Jess Allen with Horizons Church delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.4 Salute to the Texas Flag Salute to the Texas Flag was recited. 1.5 Items of Community Interest 1.5.1 Receive presentation from Parks and Recreation regarding upcoming events and activities. Special Events Coordinator, Lindsey Stansell, provided upcoming events and activities to the Council. Mayor announced dates, times and locations ofpolling sitesin The Colony for early voting and Election Day General Election set for Tuesday, November 2, 2021. 2.0 CITIZEN INPUT None 10 City Council – Regular Meeting Agenda September 21, 2021 Page| 2 3.0 WORK SESSION 3.1 Discuss and provide direction to staff regarding the intersection of FM 423 and West Lake Highlands. City Manager, Troy Powell, provided an overview on this item. Requests were received concerning ways to improve traffic accessibility in various areas of the community. City staff will move forward to address these requests. 3.2 Discuss and provide direction to staff regarding the LPGA request to reschedule the 2022 VOA Classic to September 26th through October 2nd. City Manager, Troy Powell, provided an overview on this item. 3.3 Discuss Public Information Requests Quarterly Report as presented for Council review. None 3.4 Council to provide direction to staff regarding future agenda items. Special Events Coordinator, Lindsey Stansell, provided upcoming events and activities to the Council. Mayor announced dates, times and locations of the three polling sites in The Colony for early voting for the upcoming General Election on November 2, 2021. 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda- Schrag; second by Mikulec, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes for September 21, 2021. 4.2 Consider approving Council expenditures for the month of August 2021. 4.3 Consider approving a resolution authorizing the City Manager to execute an interlocal agreement with the City of Plano for the purchase of goods and services. RESOLUTION NO. 2021-063 4.4 Consider approving an ordinance amending Chapter 9, Article III of the Code of Ordinances, by amending Section 9-40(B), entitled "International Fire Code Adopted"; by adopting local amendments for Section 110.4, 907.6.3.2, 907.6.3.3, and 1103.7.7 of the International Fire Code. 11 City Council – Regular Meeting Agenda September 21, 2021 Page| 3 ORDINANCE NO. 2021-2450 4.5 Consider approving a resolution authorizing the City Manager to issue a purchase order for a Ventrac 4500 tractor mower in the amount of $53,978 by CDC and Lake Parks Funds. RESOLUTION NO. 2021-064 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider an ordinance regarding a Site Plan application for a 166-unit single-family rental (multi-family "greencourt") community known as "BB Living at The Tribute" on an approximately 23.866 acre tract of land located at the northwest intersection of Lebanon Road and Scotty's Lake Lane within the Planned Development District 23 (PD-23) zoning district. Senior Planner, Isaac Williams, presented the proposed ordinance site plan to Council. Mr. Williams reviewed the land use analysis, landscape plan, parking and building elevation plans. The Development Review Committee recommends approval of the site plan. On September 14, 2021, the Planning and Zoning Commission voted 6-0 to recommend approval of the proposed site plan. Jerry Sylo with JBI Partners, 2121 Midway Road, Suite 300, Carrollton, appeared in support of this item and addressed questions from Council. Motion to approve- Terre; second by Wade, motion carried with all ayes. ORDINANCE NO. 2021-2451 5.2 Discuss and consider an ordinance regarding a Site Plan for a proposed 2,388 square-foot restaurant known as "Velvet Taco," on Lot 2, Block J. The subject site is located within the Planned Development 25 (PD-25) aka the Grandscape PD zoning district. Senior Planner, Isaac Williams, presented the proposed ordinance site plan to Council. Mr. Williams reviewed the land use analysis, infrastructure improvements, parking plans, landscape plan and elevation plans. The Development Review Committee finds the site plan meets the requirements of Appendix A, Zoning Ordinance, PD 25 and other applicable ordinances of the Code of Ordinances. On September 14, 2021, the Planning and Zoning Commission voted 6-0 to recommend approval of the proposed site plan. Motion to approve- Mikulec; second by Wade, motion carried with all ayes. ORDINANCE NO. 2021-2452 12 City Council – Regular Meeting Agenda September 21, 2021 Page| 4 5.3 Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $364,439.50 with Roadway Solutions, Inc. for the Standridge Drive at Memorial Drive Traffic Signal Project. Director of Engineering, Ron Hartline, presented the proposed resolution to Council. Motion to approve- Schrag; second by Marks, motion carried with all ayes. RESOLUTION NO. 2021-065 5.4 Discuss and consider approving a resolution authorizing the City Manager to execute any and all necessary documentation reflecting to participate in the proposed Opioid Settlements brought by the State of Texas and other Jurisdictions against various pharmaceutical companies for their roles in the National Opioid Crisis. Security Advisor, Brett Beene, provided an overview to Council on this item. He introduced Attorney General Representatives Sara Leon, Government Relations Liaison, and Brian King, Consumer Protection Attorney-Dallas Office. They reviewed a power point presentation to Council. City Manager, Troy Powell and City Council provided discussion concerning this matter. Motion to postpone to December 7, 2021 City Council meeting- Schrag; second by Mikulec, motion carried with all ayes. 5.5 Discuss and consider nominations for individuals to serve on the Denton Central Appraisal District Board of Directors for a two-year term beginning January 1, 2022. Motion to approve David Terre for The Colony nomination- Boyer; second by Wade, motion carried with all ayes. RESOLUTION NO. 2021-066 Executive Session was convened at 8:26 p.m. 6.0 EXECUTIVE SESSION 6.1.A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to seek legal advice from the city attorney regarding hotel project and Chapter 1205 declaratory judgment action concerning the City's receipt of certain state tax revenues, including the state's sales and use tax, hotel occupancy tax, mixed beverage taxes, and related matters. 13 City Council – Regular Meeting Agenda September 21, 2021 Page| 5 B. Council shall convene into a closed executive session pursuant to Section 551.087 of the Texas Government Code regarding commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). Regular Session was reconvened at 8:55 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 A. Any action as a result of executive session regarding hotel project and Chapter 1205 declaratory judgment action concerning the City's receipt of certain state tax revenues, including the state's sales and use tax, hotel occupancy tax, mixed beverage taxes, and related matters. No discussion on this item. B. Any action as a result of executive session regarding commercial or financial information the city has received from a business prospect(s). No Action ADJOURNMENT With there being no further business to discuss the meeting adjourned at 8:55 p.m. APPROVED: __________________________________ Joe McCourry, Mayor City of The Colony ATTEST: _______________________________ Tina Stewart, TRMC, CMC City Secretary 14 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: October 19, 2021 Submitted by: Eve Morgan Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a Professional Services Contract with Dunkin Sims Stoffels Inc. in the amount of $63,250.00 for Kids Colony Splash Park Phase 2, with funding from the Community Development Corporation. (Morgan) Suggested Action: Attachments: DSS Pro-Services CC Agenda support.pdf DSS Pro-Services financials.pdf DSS Kids Colony Splash Park - Phase II Proposal with Timeline 9-16-21.pdf DSS Professional Services Agreement w Exhibits.pdf Res. 2021-xxx Dunkin Sims Stoffels Professional Services Agreement.doc 15 City Council Agenda Item Meeting Date: October 19, 2021 Parks & Recreation Title: Professional Services Contract for with Dunkin Sims Stoffles Inc. for design services for the Kids Colony Splash Park Phase 2 in the amount of $63,250.00 with funding from the Community Development Corporation. Subject: Discuss and consider approving a resolution authorizing the City Manager to execute a Professional Services Contract with Dunkin Sims Stoffels, Inc. for the design services for Kids Colony Splash Park Phase 2. Design services will include design and construction documents, bid phase, construction observation and opinion of probable cost. A master plan for Kid’s Colony was prepared in 2009. Phases I construction began in late 2021 and is scheduled to open in Spring 2022. Since the funding for Phase 2 of the project was included in the current budget, an opportunity to construct Phase 2 consecutively with Phase 1 would provide a cost savings over the entire two project. Phase 2 will include the addition of some enhanced spray ground features, outdoor fitness area, an expanded parking lot and a pre-fab restroom. Recommendations: Summary: This professional services contract will authorize Dunkin Sims Stoffels, Inc. to proceed with the design services for Kids Colony Splash Park Phase 2. Background: This was approved in the 2021-2022 fiscal year budget with funding from the Community Development Corporation. Recommendations: Staff and Community Development Corporation recommend approval. Suggested Motion: I move to recommend approval of a resolution authorizing the City Manager to sign a Professional Services Contract with Dunkin Sims Stoffels, Inc. for the design services for Kids Colony Splash Park Phase 2 for $63,250.00 16 Financial Summary: Are budgeted funds available? X Yes No Amount Budgeted/available: CDC 825 Fund $875,000.00 TOTAL FUNDS AVAILABLE $875,000.00 Cost of recommended contract award: $63,250.00 Total Estimated Project Costs: $ 63,250.00 Architecture/engineering $ 811,750.00 Construction (Estimate) $ 875,000.00 Total Estimated Cost 17 1 622 West State Street Garland, Texas 75040 (214) 553-5778 DUNKIN SIMS STOFFELS Inc. September 16, 2021 Eve Morgan Park Development Manager City of The Colony 5151 North Colony Blvd The Colony, Texas 75056 Dear Ms. Morgan: We appreciate the opportunity to submit this scope of services for the Kid’s Colony Splash Park – Phase II. Dunkin Sims Stoffels (DSS), working with the City of The Colony, will develop design and construction documents for the Kid’s Colony Splash Park – Phase II. PROJECT SCOPE A schematic master plan for the Kid’s Colony Playground was prepared in 2009. Phases I and II were completed in 2011 and 2014, respectively. Kids Colony Splash Park – Phase I is currently under construction. Kid’s Colony Splash Park – Phase II is the continued construction of the City’s premier community playground. Facilities included in Kids Colony Splash Park – Phase II development include the enhanced spray features in the splash park, fitness area, parking lot expansion, restroom building, shade canopies and associated site pavement and utilities. Schematic Design DSS, with input from City Staff and the manufacturer’s representatives of the splash park features, restroom building and fitness equipment will refine the Kids Colony Splash Park – Phase II site plan. An opinion of probable cost (OPC) will be prepared for construction of the Kids Colony Splash Park – Phase II features. DSS will submit the schematic design and OPC to City Staff for their review and comment. Design Development DSS will further analyze the Kids Colony Splash Park – Phase II and propose refined design recommendations and solutions for additional review and comment by City Staff. The OPC will be refined and updated to reflect design modifications proposed within the design development phase. 18 2 Construction Documents and Specifications Construction documents and specifications will be prepared for the Kids Colony Splash Park – Phase II components outlined within the project scope. Dunkin Sims Stoffels, Inc. will perform the following tasks in this section of the project:  Grading plan  Erosion Control plan  Layout Plan(s) locating the park features, shade canopies, parking lot expansion, concrete pavement, restroom building, fitness equipment, utilities, etc.  Construction Details providing plans, sections, and/or elevations of the individual elements of the project.  Assist with preparation of forms for BuyBoard Proposals.  Prepare the project specification manual.  Prepare the final opinion of probable cost. BuyBoard Proposals The Consultant will assist City Staff in procuring BuyBoard proposals from the various manufacturers for the construction of Phase II of the Kids Colony Splash Park. Construction Observation The Consultant will perform the following professional services during construction of Kids Colony Splash Park – Phase II:  Consultation and provide advice to the City.  Preparation of elementary and supplementary sketches required to resolve field conditions.  Approval of submittals and shop drawings submitted by contractor for conformance with the design concept.  The Consultant shall make periodic site visits to determine if the project is proceeding in accordance with the contract documents. The Consultant shall not be responsible or liable for the Contractor's failure to perform the construction work in accordance with the contract documents. DSS has included seven (7) site visits within our construction observation scope; based upon an anticipated construction length of three months.  Review and approval of all certificates for payment submitted by the Contractor.  Prepare Change Orders for the City's approval and execution.  Coordinate final site walk through with the City at the conclusion of the construction and provide a punch list to Contractor to complete the project. Following substantial completion and/or final acceptance, the Consultant will prepare one set of record drawings. The record drawings will be based on written record of observations by the City’s Inspectors and information provided by the Contractor through written records and construction mark-ups made to the project record drawings and specifications. If desired the Consultant will provide AutoCAD, version 2018 drawing files of the record drawings. This AutoCAD file will be one drawing file with all of the information encompassed within it and paper space delineation of each individual sheet. There will not be a separate AutoCAD drawing file for each sheet within the drawing set. 19 3 Additional Services Project Meetings - The Consultant has allowed for a total of two (2) meetings within the schematic design, design development and construction document phases. Additional meetings or public hearings with City Boards or other governmental bodies will be considered additional services and billed at the hourly rates outlined within this agreement. Design Changes/Increased Scope - Any substantial design changes following preparation of design development documents and/or commencement of construction documents, as well as, increased project scope will be considered an additional service and the Consultant may invoice for the resultant changes to the construction documents and increased services at the hourly rates outlined within this agreement. Preparation of Alternates – Should the City request design alternates be prepared for bidding that increase the project scope or exceed the current construction budget the Consultant may invoice the City, in addition to the original contract amount, for the hours expended in preparing the alternates; at the hourly rates outlined within this agreement. COMPENSATION The Consultant’s professional fee for the scope of services, exclusive of the subsidiary services and reimbursable expenses delineated within this proposal, is $59,000.00*, this fee shall not be exceeded without written authorization. The professional fees for the services outlined within the separate phases of work delineated within the proposal are as follows: Schematic Design $ 2,950.00 Design Development $ 5,900.00 Construction Documents $ 29,500.00 BuyBoard Proposals $ 5,900.00 Construction Observation $ 14,750.00 Total Professional Fee: * $ 59,000.00 * Exclusive of reimbursable expenses 20 4 For billing purposes and additional services, the following hourly rates shall be used: DSS Principal $150.00 per hour Landscape Architect $110.00 per hour Project Manager – C.E. $140.00 per hour Civil Engineer $130.00 per hour Electrical Engineer $130.00 per hour LiDAR Scanning (Survey) $250.00 per hour Survey Field Crew (3 man) $140.00 per hour Survey Field Crew (2 man) $120.00 per hour GPS Field Crew (1 man) $100.00 per hour Surveyor (RPLS) $100.00 per hour Surveyor in Training (SIT) $ 80.00 per hour Survey Technician $ 70.00 per hour CAD Technician $ 90.00 per hour Technical Support $ 75.00 per hour Administrative $ 50.00 per hour Reimbursable Expenses: Reimbursable items may include delivery charges, postage, CAD Plots, commercial printing/reproduction charges, preparation of presentation boards. The cost for the reimbursable items represents an ‘out-of-pocket’ expense to the consultant and shall be billed at the consultant’s direct incurred cost. Another reimbursable cost is the fee for submittal of the plans and specifications to a third party Registered Accessibility Specialist (RAS) for the required Texas Department of Licensing and Regulation’s (TDLR) Architectural Barriers plan review and post-construction inspection. There is also a TDLR project registration fee. Any cost associated with certification of ADA compliance, if applicable, will be considered a reimbursable expense. The following list delineates anticipated costs for reimbursable expenses, as defined within this proposal. Reimbursable Expenses – Budgetary $ 2,500.00 TAS Registration, Plan Review & Post Construction Inspection $ 1,750.00 Total: $ 4,250.00 Consultant Invoices will be submitted monthly as the professional services are completed. Invoices will be based on percentage of work completed per identifiable unit of work. The City agrees to make prompt payments for all approved invoices. 21 5 INDEMNIFICATION The Consultant shall indemnify and does hereby hold harmless, the City, its agents and employees from and against all claims, damages, losses and expenses, including attorney’s fees, arising out of or resulting from the negligent performance of the services on this project performed by the Consultant, its employees, sub-contractors, agents and representatives and others from whom the Consultant is legally liable. TERMINATION This Agreement may be terminated without cause at any time prior to completion of the Consultant’s services, by the City or by the Consultant with cause, upon seven days written notice to the City at the address of record. Termination shall release each party from all obligations of this Agreement. Upon notice of termination, the Consultant shall prepare and submit to City a final invoice within thirty (30) days. AUTHORIZATION DSS is prepared to initiate work on this project upon receipt of a signed copy of this agreement or upon execution of a professional services agreement with the City of The Colony. We look forward to working with The Colony’s Park and Recreation Department on Kid’s Colony Splash Park – Phase II. Sincerely, Dunkin Sims Stoffels, Inc. ACCEPTED AND APPROVED BY: ____________________________ Bob Stoffels, RLA (Signature) ____________________________ (Typed Name) ____________________________ (Title) AUTHORIZED TO EXECUTE AGREEMENTS FOR: ____________________________ 22 6 ATTACHMENT ‘A’ PROFESSIONAL FEE SCHEDULE Kid’s Colony Splash Park – Phase II The Colony, Texas PROFESSIONAL DESIGN SERVICES Schematic Design $ 2,950.00 Design Development $ 5,900.00 Construction Documents $ 29,500.00 BuyBoard Proposals $ 5,900.00 Construction Observation $ 14,750.00 Professional Design Services Total: $ 59,000.00 Reimbursable Expenses: $ 2,500.00 TAS Registration, Plan Review & Post Construction Inspection: $ 1,750.00 TOTAL: $ 63,250.00 23 Sept. 29, 2021Oct. 27, 2021Nov. 24, 2021Dec. 22, 2021Jan. 19, 2022Feb. 16, 2022March 16, 2022March 13, 20221st Week2nd Week3rd Week4th Week5th Week6th Week7th Week8th Week9th Week10th Week11th Week12th Week13th Week14th Week15th Week16th Week17th Week18th Week19th Week20th Week21st Week22nd Week23rd Week24th Week25th Week26th Week27th Week28th Week29th WeekSchematic Design Design Development Construction Documents Construction Document Review BuyBoard Proposal Building Permit Process Construction Meeting with City Staff Construction Contract Approval Project Timeline KIDS' COLONY PHASE III The Colony, Texas September 16, 2021 Construction * *   Three to Five Months * * 24 STATE OF TEXAS § CITY OF THE COLONY, TEXAS § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF DENTON § This Agreement for Professional Services (“Agreement”) is made by and between the City of The Colony, Texas, a municipal corporation located in Denton County, Texas (“City”), and DUNKIN SIMS STOFFELS, INC (“Professional”) (individually, each a “Party” and collectively, “Parties”), acting by and through the Parties’ authorized representatives. Recitals: WHEREAS, City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, Professional desires to render professional services for City for KID’S COLONY SPLASH PARK PHASE II (“Project”) in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is hereby acknowled ged, the Parties agree as follows: Article I Employment of Professional Professional will perform as an independent contractor all services under this Agreement to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of Professional’s profession, both public and private, currently practicing in the same locality under similar conditions including but not limited to the exercise of reasonable, informed judgments and prompt, timely action. If Professional is representing this it has special expertise in one or more areas to be utilized in the performance of this Agreement, then Professional agrees to perform those special expertise services to the appropriate local, regional and national professional standards. Article II Term 2.1 The term of this Agreement shall begin on the last date of execution hereof by all parties hereto (the “Effective Date”) and shall continue until completion of the services provided by Professional to City under this Agreement. 2.2 Professional may terminate this Agreement by giving thirty (30) days prior written notice to City. In the event of such termination by Professional, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. 25 2.3 City may terminate this Agreement by giving ten (10) days prior written notice to Professional. In the event of such termination by City, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. Upon receipt of such notice from City, Professional shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar as they are related to this Agreement. Article III Scope of Services 3.1 Professional shall perform the services specifically set forth in Exhibit A, attached hereto and incorporated herein by reference, entitled “Scope of Services”. In case of conflict with the language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement shall control. 3.2 The Parties acknowledge and agree that any and all opinions provided by Professional represent the best judgment of Professional. 3.3 Schematic Design Documents, Design Development Documents, Contract Documents, Drawings, Plans, Specifications and other documents, including those in electronic form, prepared by Professional and its consultants, agents, representatives, and/or employees in connection with the Project (“Project Documents”) are intended for the use and benefit of City. Professional and its consultants, agents, representatives, and/or employees shall be deemed the authors of their respective part of said Project Documents. Notwithstanding the foregoing, City shall own, have, keep and retain all rights, title and interest in and to a ll Project Documents, including all ownership, common law, statutory, and other reserved rights, including copyrights, in and to all such Project Documents, whether in draft form or final form, which are produced at City’s request and in furtherance of this Agreement or for the Project. City shall have full authority to authorize contractor(s), subcontractors, sub-subcontractors, City consultants, and material or equipment suppliers to reproduce applicable portions of the Project Documents to and for use in their execution of the work or for any other purpose. All materials and reports prepared by Professional in connection with this Agreement are “works for hire” and shall be the property of City. Professional shall, upon completion of the services provided under this Agreement, or upon earlier termination of this Agreement, provide City with reproductions of all materials, reports, and exhibits prepared by Professional pursuant to this Agreement, and shall provide same in electronic format if requested by City. Any re-use of the Project Documents by the City on any other project not contemplated or included under this Agreement shall be at the City’s sole risk, without liability to Professional. Article IV Schedule of Work 4.1 Professional agrees to commence services upon written direction from City and to complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule established by City (the “Work Schedule”), which is attached hereto and incorporated as Exhibit C. 26 4.2 In the event Professional’s performance of this Agreement is delayed or interfered with by acts of City or others, Professional may request an extension of time for the performance of same as hereinafter provided, and City shall determine whether to authorize any increase in fee or price, or to authorize damages or additional compensation as a consequence of such delays, within a reasonable time after receipt of Professional’s request. 4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed or made by Professional, unless Professional shall have made written request upon City for such extension not later than five (5) business days after the occurrence of the cause serving as the basis for such extension request, and unless City and Professional have agreed in writing upon the allowance of such additional time. Article V Compensation and Method of Payment 5.1 City shall pay Professional for the services specifically as set forth in Exhibit B by payment of a fee not to exceed $63,250.00. 5.2 Each month Professional shall submit to City an invoice supporting the amount for which payment is sought. Each invoice shall also state the percentage of work completed on the Project through the end of the then submitted billing period, the total of the current invoice amount, and a running total balance for the Project to date. 5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make monthly payments in the amount shown by Professional’s approved monthly invoice and other documentation submitted. 5.4 Professional shall be solely responsible for the payment of all costs and expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage charges, except as set forth in Exhibit A. 5.5 Nothing contained in this Agreement shall require City to pay for any services that is unsatisfactory as determined by City or which is not performed in compliance with the terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which City may have if Professional is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. Article VI Devotion of Time, Personnel, and Equipment 6.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. City reserves the right to revise or expand the scope of services after due approval by City as City may deem necessary, but in such event City 27 shall pay Professional compensation for such services at mutually agreed upon charges or rates, and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement. In any event, when Professional is directed to revise or expand the scope of services under this Agreement, Professional shall provide City a written proposal for the entire costs involved in performing such additional services. Prior to Professional undertaking any revised or expanded services as directed by City under this Agreement, City must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. 6.2 It is expressly understood and agreed to by Professional that any compensation not specified in this Agreement may require approval by the City Council of the City of The Colony and may be subject to current budget year limitations. 6.3 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. 6.4 Professional shall furnish the facilities, equipment, telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. Article VII Relationship of Parties 7.1 It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Professional is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Professional under this Agreement. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent, servant, representative, or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner, means and methods by which Professional’s services are to be performed, subject to the terms of this Agreement. As such, City shall not train Professional, require Professional to complete regular oral or written reports, require Professional to devote his full-time services to City, or dictate Professional’s sequence of work or location at which Professional performs Professional’s work, except as may be set forth in Exhibit A. 7.2 Professional shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, plans, and other services furnished by Professional under this Agreement. Professional shall, without additional compensation, correct or revise any errors or deficiencies in the Project Documents and other services provided under this Agreement. Neither City’s review, approval, nor acceptance of, nor payment for any of, the services provided under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement, and Professional shall be and remain liable to City in accordance 28 with applicable law for all damages to City caused by Professional’s negligent performance of any of the services furnished under this Agreement. Article VIII Insurance 8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the state of Texas and acceptable to City. Professional shall furnish to the City Manager certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: City of The Colony, Texas Attention: City Manager 6800 Main Street The Colony, Texas 75056 A. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate, and $1,000,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. B. Workers’ Compensation insurance with statutory limits; and Employers’ Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000. C. Business Automobile Liability insurance covering owned, hired and non- owned vehicles, with a minimum combined bodily injury and property damage limit of $1,000,000 per occurrence. D. Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged or employed by the Professional become legally obligated to pay as damages arising out of the performance of professional services caused by error, omission or negligent act with minimum limits of $2,000,000 per claim, $2,000,000 annual aggregate. NOTE: If the insurance is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than thirty-six (36) months following completion of this Agreement and acceptance by City. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: 29 A. A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers’ Compensation insurance policy. B. The City, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability po licy, by using endorsement CG2026 or broader . C. All insurance policies shall be endorsed to the effect that City will receive at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material change of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent. Article IX Right to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during normal working hours to all necessary Professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of intended audits. 9.2 Professional further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. Article X Miscellaneous 10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings, written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement. 10.2 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 10.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Professional to w hich 30 the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants and obligations contained in this Agreement. 10.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Denton County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 10.6 Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. 10.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 10.8 Survival of Covenants and Terms. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination, including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14. 10.9 Recitals. The recitals to this Agreement are incorporated herein. 10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for City: With Copy to: Troy C. Powell Pam Nelson City Manager Community Services Director City of The Colony City of The Colony 6800 Main Street 5151 N. Colony The Colony, Texas 75056 The Colony, Texas 75056 If intended for Professional: Bob Stoffels, RLA Dunkin Sims Stoffels, Inc. 622 West State Street Garland, Texas 75040 31 10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of, the Parties hereto. 10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 10.13 Professional’s Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Professional, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the Project Documents or other documents and work prepared by Professional, its employees, associates, agents or sub-consultants. 10.14 Indemnification. PROFESSIONAL AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEY’S FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY PROFESSIONAL’S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE SOLE NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL’S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. PROFESSIONAL’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT 10.15 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by 32 Professional under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such misrepresentation. 10.16 Default. If at any time during the term of this Agreement, Professional shall fail to commence the services in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement or fail to use an adequate number or quality of personnel to complete the services or fail to perform any of Professional’s obligations under this Agreement, then City shall have the right, if Professional shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy due to Professional’s nonperformance under this Agreement, the cost to City to complete the services to be performed under this Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 10.17 Confidential Information. Professional hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Professional’s obligations in accordance with this Agreement, which is of a confidential, non - public or proprietary nature. Professional shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Professional’s own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, “Confidential Information” means all oral and written information concerning the City, its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non-public, proprietary or confidential nature including, without limitation, information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses, compilations, studies or other documents, whether prepared by Professional or others, which contain or otherwise reflect such information. The term “Confidential Information” shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional, or is required to be disclosed by a governmental authority under applicable law. 10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each right or remedy shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 10.19 No Third Party Beneficiary. For purposes of this Agreement, including the intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this Agreement only affects matters between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both; and (2) the terms of this Agreement are not intended to release, either by 33 contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. EXECUTED this _______ day of _____________________, 20___. City of The Colony, Texas By: City Manager Attest: City Secretary EXECUTED this _______ day of _____________________, 20___. Professional By: Name: ____________________________________ Title: ____________________________________ Attest: Corporate Secretary 34 1 622 West State Street Garland, Texas 75040 (214) 553-5778 DUNKIN SIMS STOFFELS Inc. September 16, 2021 Eve Morgan Park Development Manager City of The Colony 5151 North Colony Blvd The Colony, Texas 75056 Dear Ms. Morgan: We appreciate the opportunity to submit this scope of services for the Kid’s Colony Splash Park – Phase II. Dunkin Sims Stoffels (DSS), working with the City of The Colony, will develop design and construction documents for the Kid’s Colony Splash Park – Phase II. PROJECT SCOPE A schematic master plan for the Kid’s Colony Playground was prepared in 2009. Phases I and II were completed in 2011 and 2014, respectively. Kids Colony Splash Park – Phase I is currently under construction. Kid’s Colony Splash Park – Phase II is the continued construction of the City’s premier community playground. Facilities included in Kids Colony Splash Park – Phase II development include the enhanced spray features in the splash park, fitness area, parking lot expansion, restroom building, shade canopies and associated site pavement and utilities. Schematic Design DSS, with input from City Staff and the manufacturer’s representatives of the splash park features, restroom building and fitness equipment will refine the Kids Colony Splash Park – Phase II site plan. An opinion of probable cost (OPC) will be prepared for construction of the Kids Colony Splash Park – Phase II features. DSS will submit the schematic design and OPC to City Staff for their review and comment. Design Development DSS will further analyze the Kids Colony Splash Park – Phase II and propose refined design recommendations and solutions for additional review and comment by City Staff. The OPC will be refined and updated to reflect design modifications proposed within the design development phase. 35 2 Construction Documents and Specifications Construction documents and specifications will be prepared for the Kids Colony Splash Park – Phase II components outlined within the project scope. Dunkin Sims Stoffels, Inc. will perform the following tasks in this section of the project:  Grading plan  Erosion Control plan  Layout Plan(s) locating the park features, shade canopies, parking lot expansion, concrete pavement, restroom building, fitness equipment, utilities, etc.  Construction Details providing plans, sections, and/or elevations of the individual elements of the project.  Assist with preparation of forms for BuyBoard Proposals.  Prepare the project specification manual.  Prepare the final opinion of probable cost. BuyBoard Proposals The Consultant will assist City Staff in procuring BuyBoard proposals from the various manufacturers for the construction of Phase II of the Kids Colony Splash Park. Construction Observation The Consultant will perform the following professional services during construction of Kids Colony Splash Park – Phase II:  Consultation and provide advice to the City.  Preparation of elementary and supplementary sketches required to resolve field conditions.  Approval of submittals and shop drawings submitted by contractor for conformance with the design concept.  The Consultant shall make periodic site visits to determine if the project is proceeding in accordance with the contract documents. The Consultant shall not be responsible or liable for the Contractor's failure to perform the construction work in accordance with the contract documents. DSS has included seven (7) site visits within our construction observation scope; based upon an anticipated construction length of three months.  Review and approval of all certificates for payment submitted by the Contractor.  Prepare Change Orders for the City's approval and execution.  Coordinate final site walk through with the City at the conclusion of the construction and provide a punch list to Contractor to complete the project. Following substantial completion and/or final acceptance, the Consultant will prepare one set of record drawings. The record drawings will be based on written record of observations by the City’s Inspectors and information provided by the Contractor through written records and construction mark-ups made to the project record drawings and specifications. If desired the Consultant will provide AutoCAD, version 2018 drawing files of the record drawings. This AutoCAD file will be one drawing file with all of the information encompassed within it and paper space delineation of each individual sheet. There will not be a separate AutoCAD drawing file for each sheet within the drawing set. 36 3 Additional Services Project Meetings - The Consultant has allowed for a total of two (2) meetings within the schematic design, design development and construction document phases. Additional meetings or public hearings with City Boards or other governmental bodies will be considered additional services and billed at the hourly rates outlined within this agreement. Design Changes/Increased Scope - Any substantial design changes following preparation of design development documents and/or commencement of construction documents, as well as, increased project scope will be considered an additional service and the Consultant may invoice for the resultant changes to the construction documents and increased services at the hourly rates outlined within this agreement. Preparation of Alternates – Should the City request design alternates be prepared for bidding that increase the project scope or exceed the current construction budget the Consultant may invoice the City, in addition to the original contract amount, for the hours expended in preparing the alternates; at the hourly rates outlined within this agreement. COMPENSATION The Consultant’s professional fee for the scope of services, exclusive of the subsidiary services and reimbursable expenses delineated within this proposal, is $59,000.00*, this fee shall not be exceeded without written authorization. The professional fees for the services outlined within the separate phases of work delineated within the proposal are as follows: Schematic Design $ 2,950.00 Design Development $ 5,900.00 Construction Documents $ 29,500.00 BuyBoard Proposals $ 5,900.00 Construction Observation $ 14,750.00 Total Professional Fee: * $ 59,000.00 * Exclusive of reimbursable expenses 37 4 For billing purposes and additional services, the following hourly rates shall be used: DSS Principal $150.00 per hour Landscape Architect $110.00 per hour Project Manager – C.E. $140.00 per hour Civil Engineer $130.00 per hour Electrical Engineer $130.00 per hour LiDAR Scanning (Survey) $250.00 per hour Survey Field Crew (3 man) $140.00 per hour Survey Field Crew (2 man) $120.00 per hour GPS Field Crew (1 man) $100.00 per hour Surveyor (RPLS) $100.00 per hour Surveyor in Training (SIT) $ 80.00 per hour Survey Technician $ 70.00 per hour CAD Technician $ 90.00 per hour Technical Support $ 75.00 per hour Administrative $ 50.00 per hour Reimbursable Expenses: Reimbursable items may include delivery charges, postage, CAD Plots, commercial printing/reproduction charges, preparation of presentation boards. The cost for the reimbursable items represents an ‘out-of-pocket’ expense to the consultant and shall be billed at the consultant’s direct incurred cost. Another reimbursable cost is the fee for submittal of the plans and specifications to a third party Registered Accessibility Specialist (RAS) for the required Texas Department of Licensing and Regulation’s (TDLR) Architectural Barriers plan review and post-construction inspection. There is also a TDLR project registration fee. Any cost associated with certification of ADA compliance, if applicable, will be considered a reimbursable expense. The following list delineates anticipated costs for reimbursable expenses, as defined within this proposal. Reimbursable Expenses – Budgetary $ 2,500.00 TAS Registration, Plan Review & Post Construction Inspection $ 1,750.00 Total: $ 4,250.00 Consultant Invoices will be submitted monthly as the professional services are completed. Invoices will be based on percentage of work completed per identifiable unit of work. The City agrees to make prompt payments for all approved invoices. 38 5 INDEMNIFICATION The Consultant shall indemnify and does hereby hold harmless, the City, its agents and employees from and against all claims, damages, losses and expenses, including attorney’s fees, arising out of or resulting from the negligent performance of the services on this project performed by the Consultant, its employees, sub-contractors, agents and representatives and others from whom the Consultant is legally liable. TERMINATION This Agreement may be terminated without cause at any time prior to completion of the Consultant’s services, by the City or by the Consultant with cause, upon seven days written notice to the City at the address of record. Termination shall release each party from all obligations of this Agreement. Upon notice of termination, the Consultant shall prepare and submit to City a final invoice within thirty (30) days. AUTHORIZATION DSS is prepared to initiate work on this project upon receipt of a signed copy of this agreement or upon execution of a professional services agreement with the City of The Colony. We look forward to working with The Colony’s Park and Recreation Department on Kid’s Colony Splash Park – Phase II. Sincerely, Dunkin Sims Stoffels, Inc. ACCEPTED AND APPROVED BY: ____________________________ Bob Stoffels, RLA (Signature) ____________________________ (Typed Name) ____________________________ (Title) AUTHORIZED TO EXECUTE AGREEMENTS FOR: ____________________________ 39 6 ATTACHMENT ‘A’ PROFESSIONAL FEE SCHEDULE Kid’s Colony Splash Park – Phase II The Colony, Texas PROFESSIONAL DESIGN SERVICES Schematic Design $ 2,950.00 Design Development $ 5,900.00 Construction Documents $ 29,500.00 BuyBoard Proposals $ 5,900.00 Construction Observation $ 14,750.00 Professional Design Services Total: $ 59,000.00 Reimbursable Expenses: $ 2,500.00 TAS Registration, Plan Review & Post Construction Inspection: $ 1,750.00 TOTAL: $ 63,250.00 40 Sept. 29, 2021Oct. 27, 2021Nov. 24, 2021Dec. 22, 2021Jan. 19, 2022Feb. 16, 2022March 16, 2022March 13, 20221st Week2nd Week3rd Week4th Week5th Week6th Week7th Week8th Week9th Week10th Week11th Week12th Week13th Week14th Week15th Week16th Week17th Week18th Week19th Week20th Week21st Week22nd Week23rd Week24th Week25th Week26th Week27th Week28th Week29th WeekSchematic Design Design Development Construction Documents Construction Document Review BuyBoard Proposal Building Permit Process Construction Meeting with City Staff Construction Contract Approval Project Timeline KIDS' COLONY PHASE III The Colony, Texas September 16, 2021 Construction * *   Three to Five Months * * 41 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2021 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES TO DUNKIN SIMS STOFFELS, INC., FOR KIDS COLONY SPLASH PARK PHASE 2; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the City Council of the City of The Colony, Texas, has duly reviewed and considered the agreement for the Kids Colony Splash Park Phase 2 by and between the City of The Colony and Dunkin Sims Stoffels, Inc., with funding from the Community Development Corporation. Section 2. That this agreement is found to be acceptable and in the best interest of the City and its citizens, and the City Manager is hereby authorized to execute the agreement on behalf of the City of The Colony, Texas, with the terms and conditions as stated therein. Section 3. That with this agreement the City of The Colony is agreeing to pay the sum not to exceed the estimated amount of $63,250.00 for such work. Section 4.That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 19TH DAY OF OCTOBER 2021. __________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: __________________________________ Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: ______________________________________ Jeff Moore, City Attorney 42 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: October 19, 2021 Submitted by: Isaac Williams Submitting Department: Engineering Item Type: Discussion Agenda Section: Subject: Conduct a public hearing, discuss and consider an appeal of the Sign Board of Appeals regarding a variance from Chapter 6, Section 6-258 [Prohibited signs] to allow an off-premise LED digital sign [“Billboard”] at 3905 SH 121. The subject site is within the Business Park (BP) zoning district and the Gateway Overlay District. (Request to postpone consideration to November 3, 2021 by the applicant). (Williams) Suggested Action: Attachments: 43 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: October 19, 2021 Submitted by: Isaac Williams Submitting Department: Development Services Item Type: Ordinance Agenda Section: Subject: Conduct a public hearing, discuss and consider an ordinance for a Specific Use Permit (SUP) to allow a thrift store with outdoor donation area known as "Grace Bridge," and consider relief in accordance with Section 10-906 from (1) that a thrift store be located within two miles of another thrift store (Section 10-2500(1)), and (2) that thrift store shall not be the anchor store in a shopping center, minimum of 25 percent smaller in size than the major tenant (Section 10-2500(2)); the subject site is located at 4711 SH 121, Suite 200, containing a total area of approximately 25,660 square feet, within the Planned Development - 11 (PD-11) Zoning District and The Gateway Overlay District. (Williams) Suggested Action: Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff recommendation. Attachments: SUP21-0002 CC- Grace Bridge Resale - Thrift Store SUP.pdf Exhibit A (final).pdf Attachments (final).pdf Ord. 2021-xxxx Grace Bridge Resale SUP.docx 44 1 CITY COUNCIL REPORT AGENDA DATE: October 19, 2021 DEPARTMENT: Development Services Department SUBJECT: SUP21-0002 – Grace Bridge Resale – The Colony (Thrift store use). Conduct a public hearing, discuss and consider an ordinance for a Specific Use Permit (SUP) to allow a thrift store with outdoor donation area known as "Grace Bridge," and consider relief in accordance with Section 10-906 from (1) that a thrift store be located within two miles of another thrift store (Section 10‐2500(1)), and (2) that a thrift store shall not be the anchor store in a shopping center; minimum of 25 percent smaller in size than the major ten ant (Section 10- 2500(2)); the subject site is located at 4711 SH 121, Suite 200, containing a total area of approximately 25,660 square feet, within the Planned Development – 11 (PD‐11) Zoning District and The Gateway Overlay District. OWNER/ENGINEER Owner: Realty Income San Diego, California Applicant: Charles Loper – Master's Foundation Frisco, Texas EXISTING CONDITION OF PROPERTY The subject site is a vacant "big box" suite containing approximately 25,660 square feet. The tenant space is currently vacant, Suite 200 at 4711 SH 121. ADJACENT ZONING AND LAND USE North - Planned Development 11 (PD-11) Zoning District – Bristol Oaks Apartments South - Planned Development 11 (PD-11) Zoning District – Popeye's East - Planned Development 11 (PD-11) Zoning District – Undeveloped West - Planned Development 11 (PD-11) Zoning District – Ross PROPOSED DEVELOPMENT The applicant requests Specific Use Permit (SUP) approval to allow the proposed Thrift Store use within the "Colony Plaza Addition" shopping center located at 4711 SH 121, Suite 200. The proposed use will offer resale of clothing and furniture . A donation area is proposed at the rear dock area, facing Memorial Drive. The applicant intends to operate Monday to Saturday from 8:00 am to 8:00 pm. The store will be closed on Sunday's however, the donation area will be staffed Sundays from 12:00 pm until 4:00 pm. PRIOR ACTION/REVIEW (Council, Boards, Commissions) September 28, 2021 - The Planning and Zoning Commission voted (4-2) to recommend approval of the Specific Use Permit. DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) recommends approval of the Specific Use Permit, to allow a thrift store at 4711 SH 121, Suite 200, with conditions to be permitted within two mi les of another thrift store and less than a minimum of 25% small er than the major anchor of the shopping center. 45 2 ATTACHMENTS 1. Staff Analysis 2. Location Map 3. Development Plans (Site Plan and Floor Plan) 4. Applicant Narrative 5. Site Photographs 6. Representative Signage ATTACHMENT 1 Staff Analysis LAND USE ANALYSIS The subject site is located within the Planned Development -11 Zoning District. Thrift Store uses require SUP approval within the underlying General Retail (GR) zoning of PD -11. Thrift Store use is defined as: A retail store that primarily sells second -hand or used merchandise, furniture and other goods to the general public. Thrift use must meet the following conditions of 10-2500: 1. A thrift store must be located a minimum of two miles from an other thrift store, measured from door to door (Section 10-2500 (1)). Grace Bridge Resale will be located 1.1 miles from an existing thrift store located at 5000 Main Street Suite #270. The applicant's justification for a location closer than two miles, is that Grace Bridge will operate as a non-profit. In addition, the applicant claims that donations will be higher at a quality because of the non -profit status and higher quality construction and racks. Staff found that the closest thrift store is not registered as a 501(c)(3) in an IRS Tax Exempt Organization Search. The next nearest thrift store, however, advertises that a percentage of earnings goes to charities. Grace Bridge Resale is a registered 501(c )(3) with 100% of profits going to the organization's mission. Grace Bridge Resale will not be exempt from sales tax nor property tax. 2. A thrift store shall not be the anchor store in a shopping center; it shall be a minimum of 25 percent smaller in size than the major tenant (Section 10-2500 (2)). Grace Bridge Resale is proposed within the "Colony Plaza Addition." The anchor tenant for "Colony Plaza Addition" is Ross Stores. Ross Stores is approximately 29,853 sf and Grace Bridge Resale is proposed at 25,660 sf. The proposed thrift store does not meet the required percentage and represents approximately 14% smaller space than the anchor tenant. The applicant justifies the request because they seek a large area free of clutter. The applicant further cites that the suite only contains a 17,100 sf sales floor with 3,500 sf of warehousing, and 2,760 sf of facilities and breakroom. Staff found the sales area of Ross represented in building permits as 26,026 sf. When comparing sales floors, Grace Bridge Resale's sales floor is approximately 34% smaller than the Ross sales floor. 46 3 3. Drop off points shall be screened with solid screening walls or shrubs that will grow to a minimum of six feet at maturity, shall be located a minimum of 200 feet from any residential use and shall remove any donated item s and/or accumulated debris on a daily basis so that no items are left outside overnight (Section 10-2500 (3)). Grace Bridge Resale will provide an eighteen (18) foot long, eight (8) foot tall CMU screen wall in front of the donation area. The screening will create an approximately 630 sf space for screened drop -off. An existing landscaped berm, including an additional crape myrtle shrub, will further screen the donation area from Memorial Drive. The applicant's narrative indicates that two donation at tendants will cover the drop - off area from 8 am to 8 pm, Monday thru Saturday, and 12 pm to 4 pm Sunday. The applicant narrative indicates that the donation area will be monitored 24/7, and any unsightly will be removed during the nights and weekends. Specific Use Permit approval is intended to offer further evaluation of certain uses and the appropriateness of the operation of those uses within the context of the surrounding area. Uses within the General Retail (GR) district typically include a mix of retail, office, and personal services. The "Colony Plaza Addition" shopping center and surrounding development contain a mix of retail, office, and personal services. Adjacent tenants include Ross, Elate Orthodontist, Popeye's and Relax Foot. Suite 200 was last occupied as a Spirt Halloween Store in 2018. The retail nature of a thrift store would be consistent with surrounding uses. The applicant intends to operate Monday to Saturday from 8:00 am to 8:00 pm. The store will be closed on Sunday's howe ver, the donation area will be staffed Sundays from 12:00 pm until 4:00 pm. Specific Use Permit (SUP) Criteria In accordance with Section 10-905 (Special Use Permits - Approval Criteria) of the Zoning Ordinance, the Planning and Zoning Commission and City Council shall review and evaluate a Specific Use Permit application using the following criteria: 1. Conformance with the City of The Colony's Comprehensive Plan; The Future Land Use Map identifies this area as "SH-121 Corridor Development Zone," which includes including single -family and multifamily residential, commercial, retail, office, and industrial uses. During the development of the SH 121 corridor plan, destination-oriented recreational and entertainment land uses were identified as the most favorable for the future growth of the corridor. The proposed retail land use is in conformance with The Colony Comprehensive Plan. 2. Conformance with applicable regulations and standards established by the zoning regulations; With the approval of conditions of the SUP, the application will be in conformance with the Zoning Ordinance. Section 10-2500 requires: (1) A thrift store must be located a minimum of two miles from another thrift store, measured from door to door, (2) 47 4 A thrift store shall not be the anchor store in a shopping center;it shall be a minimum of 25 percent smaller in size than the major tenant 10-2500 (3). Drop off points shall be screened with solid screening walls or shrubs that will grow to a minimum of six feet at maturity, shall be located a minimum of 200 feet from any residential use and shall remove any donated items and/or accumulated debris on a daily basis so that no items are left outside overnight. 3. Compatibility with existing or permitted uses on abutting sites, in terms of buildin g height, build and scale, setbacks on open spaces, landscaping and site development, access and circulation features, architectural compatibility; The proposed thrift store use is generally compatible with the approved uses on abutting sites. The proposed development is generally compatible with surrounding retail and service businesses. 4. Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonable and anticipated in the area, existing zoning and land uses in the area; The site layout for the subject site including the proposed vehicle stacking area and donation area have been reviewed by the City and, will adhere to applicable traffic circulation requirements. 5. Protection of persons and property from erosion, flood, or water damage, fire, noise, glare, air quality, generation of dust and odors, and similar hazards and impacts; The subject site was developed in accordance with the applicable regulations at the time of construction. 6. Location, lighting and type of signs; the relation of signs to traffic control and adverse effect of signs on adjacent properties; All existing lighting will remain as previously approved. All signage shall be reviewed in accordance with the Sign Ordinance. 7. Adequacy and convenience of off-street parking and loading facilities; No change in parking demand is generated from the change in tenant. A donation area is designed to accommodate the stacking of up to eight vehicles. The attendants will be responsible for ensuring no stacking that occurs in the fire lane. The proposed eight stacking spaces exceed the highest requirement for drive -thru facilities. 8. Determination that the proposed use and si te development, together with any modifications applicable thereto, will be compatible with existing or permitted uses in the vicinity; Thrift store use is retail offering second-hand or used merchandise. Uses within the General Retail (GR) district typi cally include a mix of retail, office, and personal services. The "Colony Plaza Addition" shopping center and surrounding development contain a mix of retail, office, and personal services. Adjacent tenants include Ross, Elate Orthodontist, Popeye's and Relax Foot. The retail nature of a thrift store would be consistent with surrounding uses. 48 5 9. Determination that any conditions applicable to approval are the minimum necessary to minimize potentially unfavorable impacts on nearby uses in the same district and surrounding area. A thrift store must maintain that no items are left outside overnight. The applicant has indicated that the store will have live cameras to alert store management to correct any items left overnight. Illegal dumping is a common element associated with thrift store operations. The applicant has indicated video surv ivance will be shared with the city in order to deter and mitigate potential illegal dumping on site. 10. Determination that the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare of materially injurious to properties or improvements in the vicinity. The applicant has committed to ensuring no items are left outside overnight and has a policy of cleaning the shared dumpster areas and side of the building every morning. Given commitments, the proposed use is not anticipated to be detrimental to the public health, safety, or welfare. Infrastructure Improvements No specific public infrastructure improvements are planned for this area. Notification The Zoning Ordinance requires newspaper notification a minimum of ten (1 5) days prior to the City Council meeting. Notice for this SUP Public Hearing was published in The Dallas Morning News on October 1, 2021. In addition, the Zoning Ordinance requires notification of property owners located within 200 feet of the subject property a minimum of fifteen (15) days prior to the public hearing. Public Hearing notices were mailed on October 1, 2021 to adjacent property owners. One (1) response in favor of the SUP was received prior to the printing of this packet. DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) recommends approval of the Specific Use Permit, to allow a thrift store at 4711 SH 121, Suite 200, with conditions to be permitted within two miles of another thrift store and less than a minimum of 25% smaller than the major anchor of the shopping center. 49 EXISTING FIRE LANE DROP OFF AREA EXISTING 55,513 SF DROP OFF MAIN LANE EXISTING ALBERTSONS 55,513 SF RED CONES TO OUTLINE DROP-OFF LANES AS REQUIRED EXISTING W ALL MOUNTED LIGHT FIXTURE ABOVE EXISTING LOADING DOCK DOOR. PROPOSED SECURITY CAMERA LOCATION PROPOSED SURFACE MOUNTED DOCK LIFT W / 6' X 10' PLATFORM PROPOSED 8' HIGH X 18' LONG SPLIT-FACED CMU SCREEN W ALL TO MATCH EXISTING EXISTING 8' HIGH SPLIT-FACED CMU SCREEN W ALL EXISTING W ALL MOUNTED LIGHT FIXTURE EXISTING FIRE LANE 1 2 3 4 5 OPTIONAL SECOND LANE 6 7 8 NEW CREPE MYRTLE TREE 18' - 0" conduit t 972.302.9747 NOT FOR REGULATO RY APPROVAL, PERMITTING, OR CONSTRUC TION architecture + design conduit ad.com As indicated THE COLONY PLAZA SHOPPING CENTERGRACE BRIDGE -The Colony SITE PLAN 09.14.2021 ERIC J. CISKOWSKI #25120 NORTH 1" = 60'-0" Site Plan1 1" = 20'-0" Enlarged Site Plan2 NORTH 50 51 G RGR Ross SpiritHalloween TheBristol So nicDrive-In Sta rMedica l Sher winWilliams BurgerKing Ba rney's P D 1 1 4760 4711 4713 4705 4709 308 130 300 136 200 306 122 118 128 100 100 114 M E M O R IA L D RMEMORIAL D R M AIN S T M AIN S T M E M O R IA L D R M E M O R IA L D R M AIN S T M AIN S T This m ap w as gen erated by G IS data pr ovide d by The Colony G IS Department. The City of The C o lony does not guarantee th e corr ectne ss oraccuracy of any features on this map. Th ese digital p roducts a re for llustration purpo se s o nly and a re n ot suita ble for site -spe cific decision making. /Pr oject No. SUP21-0002 - Project Na m e: Grace Br idg e Re sale Gra ce B rid ge Re sa le Ge ne ra l Re tail P la n ne d D ev elo pme nt 11 52 The mission of Grace Bridge is to provide the basic necessities of life to those in need in our local community. Whether through a box of food, an article of clothing, or a purposeful conversation, we strive to build relationships that will ultimately lead to life transformation. Grace Bridge is led by a dedicated staff and driven by committed volunteers, focused on equipping neighbors to help neighbors. As we develop lasting relationships with individuals and families within our community, our hope is to see those we have once served return that same help to others. Grace Bridge is made up of five key initiatives: Food Bank: At our Food Bank, we serve families bimonthly from multip le distribution centers across Collin and Denton Counties. Our purpose is to focus on serving the “whole-person” by striving to meet not only their physical needs, but also their emotional and spiritual needs. Community Development: We are dedicated to serving those within our community beyond a box of food. We accomplish this by facilitating annual events to meet specific needs. Through our events such as “I Got Your Back, Wrapped In Love, and Bikes & Bibles”, we are able to support families during the school year and help to make the holidays special. Additionally, we provide free vision clinics and continue our care for the health of those we serve through our local organic gardens. Neighbor-to-Neighbor Disaster Relief: Th is prog ram a llo ws us to walk with families through the aftermath o f natural disasters and personal catastrophes, giving them hope through difficult situations. We provide the physical efforts in relocating families, equipping them with cloth ing , fu rn ish ing s, a nd e ssen tials to he lp them with the reestablishment process. Community Mobilization: We focus on building a bridge connecting the faith-based community, the school districts, corporate entities, and local principalities to make a lasting difference in the lives of those we serve. Since 2011, more than 14,000 volunteers have been engaged in serving communities through our key initiatives. Resale Stores: Our multiple resale stores are designed to provide an upscale shopping experience. We are committed to supplying high -qu a lit y, ne w and g en t ly-u sed clothing and furniture at reasonable prices. 53 Master Cares Foundation The Master Cares exists to provide the hope that God promises to the poor through aid that goes beyond traditional means. Our mission is to come alongside the people of Africa as they strive to lift themselves out of their desperate situation. By giving the people the means by which they can build and develop, we can partner with them to show them then how to transform communities and future generations. Master Cares is made up of five key initiatives: Master Cares Christian School: Master Cares Christian School is a pre-k primary and High School. The school is specifically designed to train the leaders of the next generation with an education that has a Biblical worldview and is among the best in the country. Medical Care: The Rakai district is believed to be the birthplace of HIV/AIDS. In an effort to improve health care, we have built a hospital with surgical theaters, maternity + delivery wards, and a malnutrition ward, along with providing the best medical care. Vocational Training: Our vocational program is broken down into three segments: discipleship, business classes, and working on the ranch to learn how to farm/care for the animals. We also provide young girls with tailoring and sewing training. Water Wells: Over 67% of Ugandans lack access to safe drinking water. Our desire and initiative is to build water wells every month. Each well provides clean and safe water for a thousand people. Spiritual Development: Our primary purpose is to impact the spiritual conditions of the people we interact with through church plans and discipleship. 54 A thrift store must be located a minimum of two miles from another thrift store, measured door to door. What differentiates Grace Bridge Resale from the thrift store that is 1.1 miles from the proposed location for Grace Bridge Resale? We are an upscale resale store more in line with conventional retail stores. We receive better quality merchandise because we are a non-profit and people of means prefer to donate to an organization that uses 100% of its profits to help people locally and globally. The thrift store 1.1 miles away is a for profit store. We have a higher quality clothes, household goods, and furniture because of the above reason. We spend quite a bit more for fixtures (wood paneled) and on communicating about our work by sharing our story on the walls of the store to distinguish ourselves as more upscale and to differentiate from a typical thrift store. It is our goal to make this an upscale shopping experience for shoppers in The Colony. The typical resale store does not sell quality furniture. We have found most people with quality furniture prefer to donate it to a non-profit. As a non-profit we receive quite a bit of brand-new articles of clothing with price tags still in place, to sell to someone looking for a bargain. The typical resale store does not donate clothes and furniture to those in need following a disaster. Eighteen (18) semi- trailers of clothes, furniture, cleaning supplies, and building materials were sent to Houston in 2017, some trailers donated to us were full of new furniture. During the 2021 snow storm a catastrophic fire took out an entire apartment complex in Frisco. We partnered with the City of Frisco and local school district to help three single mothers and children relocate to needed housing. We outfitted their homes with furniture for each room, clothing for the moms and each child. Additionally, we were able to furnish dishes and silverware for the kitchens. We also stocked the pantry with food made available from the profits from our resale stores. It is a key part of our mission to provide these types of resources whether it is from a natural disaster or personal catastrophe. We are here to help people in their greatest time of need. Most recently we partnered with a local business that has a national foot print to help their employees with clothing that lost everything in Hurricane Ida as it impacted families in Louisiana. We are committed to help neighbors serve our neighbors. We take the best of the best to help people and sell the rest of the best in our stores. A thrift store shall not be the anchor store in a shopping center; it shall be a minimum of 25% smaller in size than the major tenant. The Colony proposed Grace Bridge Resale store has a total of 25,660 square feet versus the Ross store with 29,853 sq. ft. The Grace Bridge Resale store is 14.05% smaller than the Ross store. However, if you look at retail space (sales space) square footage, Ross is approximately 25,160 verses retail space of Grace Bridge Resale (sales space) approximately 17,100 or is 32% less retail space than Ross (Ross space was measured using an Apple Measurement App for floor space measurements). 55 Additional information: We are seeing continued growth in our resale stores and need buildings of 25,000 sq. ft. or more, like The Colony location. The larger sales floor keeps the stores from being cluttered and crowded. Our recent revision of The Colony site allows us to have 17,100 sq. ft. sales floor, sorting area of 2,300 sq. ft., warehouse space of 3,500 and a facilities/breakroom area of 2,760 sq. ft. See attached drawings for entire store layout and for warehouse racking. Drop off points shall be screened with solid screening walls or shrubs that will grow to a minimum of 200 feet from any residential use and shall remove any donated items and/or accumulated debris on a daily basis so that no items are left outside overnight. We will communicate the drop-off location starting at the front of the store window with a window graphic decal sign 36 inches by 48 inches directing people to the back of store for the drop-off area. We use graphic decal signs so they will withstand the sun directly and will last over an extended period of time without fading. Please see attached copy. The intake/drop-off area will be on the northside (back) of the building at the Dock Door. We will utilize a surface mounted Dock Lift with a 6-foot by 10-foot platform. See Site Plan for location. Also shown on the Site Plan is the proposed concrete block and painted screening wall that will adjoin the existing wall for the trash compactor corral area. The new wall will be 18 feet long and 8 feet high, the same height as the current corral wall. Corral will be gated to discourage dumping and closed when the store is closed. We considered gating the entire intake area, but thought better of it after an onsite review. If we gate the entire area, people are more likely to dump items where they will be visible instead of leaving them behind the wall. Gates for the corral will not open out into the fire lane since the outside gate will be inside next to the new screening wall. The new screening wall will have a sign 40 inches by 60 inches and will communicate drop-off location along with the hours we are open, Monday-Saturday 8 am – 8 pm and Sunday 12 pm – 4 pm Only. We will have two intake personnel directing cars and taking donations daily at the dock door from 8:00 AM until 8:00 PM. There will be Enter and Exit Only signs (placed daily) on a 6-foot base directing cars in the proper direction for entry and exit for the intake area. (See enclosed example). Please note: No intake items are ever left out overnight by our personnel. During the 8:00 AM timeframe, we will take care of any items left overnight after we closed, inspect the eastside of the building where our double doors are located and make sure there is nothing left on this side of our store or in the area around the shared dumpster leased and used by other tenants. Additionally, we will check the Ross Store’s area for any items that might be dropped off. We recently picked up items dropped off by Ross earlier at the end of last month. We will police all areas to the best of our ability. We cannot put locks on other Republic Services dumpsters, since we are not sharing the dumpster with another tenant. Cars will enter the intake coned area from the southside of the building, with the priority lane next to the building shown in the Site Plan drawing. This will allow for maximum space from the Fire Lane and we should be able to have up to 5 cars in the intake line. The most cars we have ever had in line at our busiest store located in Frisco has been 5 to 6 cars. 56 We have shown on the Site Plan drawing, an additional secondary coned lane on the outside of the primary lane as an alternate lane for an additional 3 cars if for some reason it was ever needed. This will be coned off unless needed. We are still away from the fire lane as shown on the Site Plan. Currently, there is an existing wall mounted light fixture above the existing loading dock door area. Additionally, there is an existing wall mounted light fixture along the southside of the building. For both light locations, security cameras will be installed to monitor the area 24 hours/7 days a week. This will also allow our managers to see what is going on after hours. Any unsightly items left will be removed during the night or on the weekends. All security camera footage will be shared with authorities for all cases of illegal dumping. On the site plan, as requested, is the new plant screening that will help block the view of the intake area on the southside (back) of the building from Memorial Drive. Planting will be serviced by the current underground irrigation system. Realty Income will have their irrigation company add the planting and necessary underground line to service the planting. See attached letter of agreement from Realty Income. We have been working with The Colony’s provider, Republic Services on a commercial feeder and trash compactor for our location. There was a trash compactor used by the previous tenant and we will use the same corral location that was previously created. Also, we will install new locked metal doors tall enough on the corral to keep people from dumping additional items in the corral area after hours. Please see attached file for picture of the trash compactor. We will schedule pickups with Republic Services for the trash compactor and ask for a call- ahead before they arrive. By calling ahead and knowing roughly when the scheduled pick-up will occur, we will not do intake during the arrival or emptying of the trash compactor. Normally for large compactors, Republic Services empties these locations early in the morning (6:30 AM to 8:00 AM) to avoid any issues with dock door deliveries or for our intake area. Is Grace Bridge Resale compatible with adjacent property use and consistent with the neighborhoods character and compatible with the SH 121 Corridor Zone? Many conventional retailers (Macy’s and Wal-Mart) are testing a resale department in their stores because more and more people are looking for value items at a bargain. Many shoppers view Resale Store shopping as recreational treasure hunting. (source-BrandonGaille/Thrift store statistics). According to “The Shelf,” 65% of resale shoppers say they spend the savings they receive by avoiding the cost of new retail by splurging on experiences with their families and friends. This seems to be compatible and supports the recreational and entertainment aspect The Colony is planning for this Corridor Zone. Please find enclosed a copy of the 32 Thrift Store Industry Statistics and Trends – BrandonGaille to help explain how this industry is changing and why traditional retail stores or business communities can’t ignore the trends. See attachment copy. We believe our motives and the desires for our store in The Colony are in line for the corridor with the City’s vision. We would be proud to be a part of the growth of this corridor and would work hard for you to recognize the difference of Grace Bridge Resale and the typical for-profit thrift store. 57 58 59 1 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2021 - ________ SPECIFIC USE PERMIT (SUP) – GRACE BRIDGE RESALE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SPECIFIC USE PERMIT (SUP) TO ALLOW A “THRIFT STORE” KNOWN AS GRACE BRIDGE RESALE, TO BE LOCATED AT 4711 SH-121, SUITE 200, CONTAINING A TOTAL AREA OF APPROXIMATELY 25,660 SQUARE FEET, AND IS WITHIN THE PLANNED DEVELOPMENT 11 (PD-11) ZONING DISTRICT AND THE GATEWAY OVERLAY DISTRICT; WITH A CONDITION THAT THE THRIFT STORE BE PERMITTED LESS THAN THE MINIMUM TWO MILES FROM ANOTHER THRIFT STORE, MEASURED DOOR TO DOOR; WITH A CONDITION THAT THE PROPOSED USE BE LESS THAN A MINIMUM 25 PERCENT SMALLER IN SIZE THAN THE MAJOR TENANT; WITH A CONDITION PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, have given any requisite notices by publication and otherwise, and have held due public hearings, and afforded a full and fair hearing to all property owners generally, and to all persons interested, and is of the opinion and finds that Specific Use Permit No. SUP21-0002 to allow a “Thrift Store” known as Grace Bridge Resale, to be located at 4711 SH-121, suite 200, and is within the Planned Development 11 (PD-11) Zoning District and the Gateway Overlay District should be approved. NOW, THEREFORE, BE ITORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2.That the City Council of the City of The Colony, Texas, does hereby approve the Specific Used Permit for the “Grace Bridge Resale” at 4711 SH-121, Suite 200 within Planned Development 11 (PD-11) Zoning District ad Gateway Overlay District. SECTION 3.That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, 60 2 clause, sentence, paragraph or section. SECTION 4. That any provision of any prior ordinance of the City whether codified or uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 5. That this Ordinance shall become effective immediately upon its passage. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 19TH DAY OF OCTOBER 2021. Joe McCourry, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 61 3 Exhibit A 62 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: October 19, 2021 Submitted by: Chris Chandler Submitting Department: Police Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to accept a bid from Sydaptic, Inc., in the amount of $157,259.00 for contract services to install a new Jail Control Integrated System for the Police Department. (Chandler) Suggested Action: Attachments: Sustainable Security Solutions.pdf Sydaptic, Inc..pdf Evaluation CHANDLER.xlsx Evaluation Cuellar.xlsx RFP 75-21-25 Jail Control Integrated System_REV 2.docx Res. 2021-xxx Sydaptic, Inc. Bid.docx 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 CRITERIA Weighting Total Weighting Total Understanding project goal 0.06 6%0.04 4% All inclusive bid package price 0.025 3%0.01 1% Value impression of bid 0.3 30%0.06 6% 39%11% CRITERIA Weighting Total Weighting Total Does the BID meet the SCOPE 0.02 2%0.02 2% Provide documentation on configuarion, both physical & logical 0.03 3%0.015 2% Provide hands-on training , including user manuals 0.035 4%0.02 2% Routine maintenance with 48 hours 0.03 3%0.015 2% Warranty service calls explained 0.05 5%0.01 1% 17%8% CRITERIA Weighting Total Weighting Total Project experience - pertaing to The Colony bid scope of work 0.02 2%0.01 1% Qualifications - pertaining to The Colony bid scope of work 0.02 2%0.01 1% References included 0.02 2%0.01 1% Examples of past similar projects included 0.02 2%0.01 1% Special expertise or experience to be rated 0.02 2%0.01 1% 10%5% Proposal completeness 0.01 2%0.025 3% Proposal presented in a clear and organized manner 0.025 3%0.025 3% 5%5% Created by: C. De Los Santos - 09-23-2021 Clarity & Quality of Proposal RFP Evaluation Scoring Sheet for BID 75-21-25 25%Compliance 50%Value & Cost Sydaptic Value & Cost Total Sustainable Security Solutions Compliance with RFP Requirements & Scope Experience & Qualifications15% Experience & Qualifications Clarity & Quality10% 121 Questions Yes No 1-10 Independent Rating 1 Walk us through how the system would be installed in the area and how long it will take to complete the project. Yes No 1-10 Independent Rating 2 Explain the project details and how it will effect the employees. Yes No 1-10 Independent Rating 3 How many support staff do you have? Are they 8AM - 5PM? What are your standard support hours? Yes No 1-10 Independent Rating 4 What compurter equipment will be provided? EXAMPLE: Submitted bid include two (2) JCS Terminals? Jail Communication Center BID 75-21-25 JCIS - Vendor Presentation Questions: 122 BID 75-21-25 JCIS - Vendor Presentation Questions: Yes No 1-10 Independent Rating 5 Provide server specs/brand used for the Video Server Hard Drive (especially important) Video Storage (90 day is preferred) Yes No 1-10 Independent Rating 6 What OS and sofware will be used on each the systems and how will the OS software patches be handled? Yes No 1-10 Independent Rating 7 Once the system is installed what will The Colony staff be capable of direcly controlling from the PC? Example: Doors, cameras, intercoms, lighting, panic buttons, auxillary control controlled by The Colony staff. Yes No 1-10 Independent Rating 8 Can an example be provided of what the GUI of the system would look like? 123 BID 75-21-25 JCIS - Vendor Presentation Questions: Yes No 1-10 Independent Rating 9 Touch screen monitor and mouse only capability? Yes No 1-10 Independent Rating 10 How will cameras be monitored? Would there be a 2nd, dedicated monitor? Yes No 1-10 Independent Rating 11 Can the system control PTZ camera functions? Yes No 1-10 Independent Rating 12 How many doors? How many cameras? How many intercoms? How many lights? How many panic buttons? Yes No 1-10 Independent Rating 13 Explain how the cameras will integrate with intercoms to allow staff to quickly view the person who pressed the intercom button. 124 BID 75-21-25 JCIS - Vendor Presentation Questions: Yes No 1-10 Independent Rating 14 Will the panic buttons be capable of shutting down "all" jail controls from the Jail PC and allow Dispatch to take control? Yes No 1-10 Independent Rating 15 What type of VPN solution will be used to connect the Jail system? Yes No 1-10 Independent Rating 16 Explain warranty services and how it works Yes No 1-10 Independent Rating 17 How quickly can warranty service calls be responded to? Yes No 1-10 Independent Rating 18 How quickly can crical system service calls be responded to? 125 BID 75-21-25 JCIS - Vendor Presentation Questions: Yes No 1-10 Independent Rating 19 Maintenance agreement? (If so, what does the maintenance cover?) Yes No 1-10 Independent Rating 20 Describe the system documentation provided once the install is completed Yes No 1-10 Independent Rating 21 Will system install drawings be provided once the install is completed? Yes No 1-10 Independent Rating 22 Will training manuals be provided? 126 BID 75-21-25 JCIS - Vendor Presentation Questions: Yes No 1-10 Independent Rating 23 Describe the training provided Created by: C De Los Santos 09-27-2021 127 CRITERIA Weighting Total Weighting Total Understanding project goal 0.05 5%0.05 5% All inclusive bid package price 0.025 3%0.01 1% Value impression of bid 0.26 26%0.1 10% 34%16% CRITERIA Weighting Total Weighting Total Does the BID meet the SCOPE 0.02 2%0.02 2% Provide documentation on configuarion, both physical & logical 0.03 3%0.015 2% Provide hands-on training , including user manuals 0.035 4%0.02 2% Routine maintenance with 48 hours 0.03 3%0.015 2% Warranty service calls explained 0.04 4%0.015 2% 16%9% CRITERIA Weighting Total Weighting Total Project experience - pertaing to The Colony bid scope of work 0.02 2%0.01 1% Qualifications - pertaining to The Colony bid scope of work 0.02 2%0.01 1% References included 0.02 2%0.01 1% Examples of past similar projects included 0.02 2%0.01 1% Special expertise or experience to be rated 0.02 2%0.01 1% 10%5% Proposal completeness 0.01 2%0.025 3% Proposal presented in a clear and organized manner 0.025 3%0.025 3% 5%5% Created by: C. De Los Santos - 09-23-2021 Clarity & Quality of Proposal RFP Evaluation Scoring Sheet for BID 75-21-25 25%Compliance 50%Value & Cost Sydaptic Value & Cost Total Sustainable Security Solutions Compliance with RFP Requirements & Scope Experience & Qualifications15% Experience & Qualifications Clarity & Quality10% 128 Questions Yes No 1-10 Independent Rating 1 Walk us through how the system would be installed in the area and how long it will take to complete the project. Yes No 1-10 Independent Rating 2 Explain the project details and how it will effect the employees. Yes No 1-10 Independent Rating 3 How many support staff do you have? Are they 8AM - 5PM? What are your standard support hours? Yes No 1-10 Independent Rating 4 What compurter equipment will be provided? EXAMPLE: Submitted bid include two (2) JCS Terminals? Jail Communication Center BID 75-21-25 JCIS - Vendor Presentation Questions: 129 BID 75-21-25 JCIS - Vendor Presentation Questions: Yes No 1-10 Independent Rating 5 Provide server specs/brand used for the Video Server Hard Drive (especially important) Video Storage (90 day is preferred) Yes No 1-10 Independent Rating 6 What OS and sofware will be used on each the systems and how will the OS software patches be handled? Yes No 1-10 Independent Rating 7 Once the system is installed what will The Colony staff be capable of direcly controlling from the PC? Example: Doors, cameras, intercoms, lighting, panic buttons, auxillary control controlled by The Colony staff. Yes No 1-10 Independent Rating 8 Can an example be provided of what the GUI of the system would look like? 130 BID 75-21-25 JCIS - Vendor Presentation Questions: Yes No 1-10 Independent Rating 9 Touch screen monitor and mouse only capability? Yes No 1-10 Independent Rating 10 How will cameras be monitored? Would there be a 2nd, dedicated monitor? Yes No 1-10 Independent Rating 11 Can the system control PTZ camera functions? Yes No 1-10 Independent Rating 12 How many doors? How many cameras? How many intercoms? How many lights? How many panic buttons? Yes No 1-10 Independent Rating 13 Explain how the cameras will integrate with intercoms to allow staff to quickly view the person who pressed the intercom button. 131 BID 75-21-25 JCIS - Vendor Presentation Questions: Yes No 1-10 Independent Rating 14 Will the panic buttons be capable of shutting down "all" jail controls from the Jail PC and allow Dispatch to take control? Yes No 1-10 Independent Rating 15 What type of VPN solution will be used to connect the Jail system? Yes No 1-10 Independent Rating 16 Explain warranty services and how it works Yes No 1-10 Independent Rating 17 How quickly can warranty service calls be responded to? Yes No 1-10 Independent Rating 18 How quickly can crical system service calls be responded to? 132 BID 75-21-25 JCIS - Vendor Presentation Questions: Yes No 1-10 Independent Rating 19 Maintenance agreement? (If so, what does the maintenance cover?) Yes No 1-10 Independent Rating 20 Describe the system documentation provided once the install is completed Yes No 1-10 Independent Rating 21 Will system install drawings be provided once the install is completed? Yes No 1-10 Independent Rating 22 Will training manuals be provided? 133 BID 75-21-25 JCIS - Vendor Presentation Questions: Yes No 1-10 Independent Rating 23 Describe the training provided Created by: C De Los Santos 09-27-2021 134 REQUEST FOR PROPOSAL PROJECT MANUAL PROPOSAL, CONTRACT BOND FORMS, AND SPECIFICATIONS FOR Jail Control Integrated System Project RFP #75-21-25 CITY OF THE COLONY DENTON COUNTY, TEXAS JOE McCOURRY, MAYOR CITY COUNCIL KIRK MIKULEC RICHARD BOYER BRIAN WADE DAVID TERRE PERRY SCHRAG JOEL MARKS TROY C. POWELL CITY MANAGER TINA STEWART CITY SECRETARY 135 PUBLISHED DATE: July 30, 2021 PRE-PROPOSAL MEETING: August 10, 2021 at 10:00 a.m. (CST) City of The Colony Police Department Jail Facility 5151 N. Colony Boulevard The Colony TX 75056 DEADLINE for RECEIPT of PROPOSALS: August 24, 2021 at 02:00 p.m. (CST) Interested respondents must submit an OPAQUE SEALED ENVELOPE of one (1) original and one (1) copy, addressed to: Purchasing Manager JAIL CONTROL INTEGRATED SYSTEM PROJECT 6800 Main St. The Colony, Texas 75056 Not later than 02:00 p.m. (CST), August 24, 2021 136 TABLE OF CONTENTS Section 1 – Terms and Conditions Invitation for Request for Proposal Section 1.1 Defined Terms Section 1.2 Description Section 1.3 Existing Environment Section 1.4 Inquiries Section 1.5 Maintenance Requirements Section 1.6 Specifications/Deliverables Section 1.7 Project Schedule Section 1.8 Copies of Proposal Documents Section 1.9 Bidder Qualifications Section 1.10 Conflict of Interest Section 1.11 Certificate of Interested Parties Section 1.12 Interpretations and Addenda(s) Section 1.13 Contract Term Section 1.14 Substitute or "Or-Equal" Items Section 1.15 Subcontractors, Suppliers, and Others Section 1.16 Provision Concerning Escalator Clauses Section 1.17 Estimates of Quantities Section 1.18 References Section 1.19 Bond or Penalty Section 1.20 Bid Bond Section 1.21 Payment, Maintenance and Technology Bond Section 1.22 Prices, Charges, and Fees Section 1.23 Guarantees & Warranties Section 1.24 Assignment Section 1.25 Affidavit of Bills Paid Section 1.26 Proposal Preparation Costs Section 1.27 Submission of Proposals Section 1.28 Modification and Withdrawal of Proposals Section 1.29 Rejection of Proposals Section 1.30 Late Submissions Section 1.31 Public Disclosure and Proprietary Information Section 1.32 Background Checks Section 1.33 Confidentiality 137 TABLE OF CONTENTS Section 1.34 Proposal Compliance Section 1.35 Proposals to Remain Subject to Acceptance Section 1.36 Award of Contract Section 1.37 Execution of Agreement Section 1.38 Termination for Convenience Section 1.39 Termination for Non-Performance Section 1.40 Legal Considerations Section 1.41 Indemnity Agreement Section 1.42 Payment Section 1.43 Notice to Proceed Section 1.44 Sales Tax Section 1.45 Silence of Specification Section 1.46 Change Orders Section 1.47 Venue Section 1.48 Termination for Non Performance Section 1.49 Protection against Royalties or Patented Invention Evaluation Criteria & End of Notice to Bidders Section 2 – Insurance Requirements Section 2.1 Insurance Provisions Section 2.2 Contract Type and Amount of Insurance Section 2.3 Required Workers’ Compensation Coverage Section 2.4 Certificate of Insurance Section 3 – Proposal Forms Proposal Non-Collusion Statement State Reciprocal Requirement Local Preference Consideration Application Inter-Local Agreement Historically Underutilized Business (HUB) Questionnaire House Bill 89 Verification Legal Information Questionnaire Conflict of Interest Questionnaire Bid Affidavit Maintenance Bond Performance Bond Payment Bond 138 SECTION 1 TERMS AND CONDITIONS 139 INVITATION FOR REQUEST FOR PROPOSAL PROPOSAL NUMBER: 75-21-25 JAIL INTEGRATED SYSTEM PROJECT DATE: JULY 30, 2021 Formal Request for Proposals (RFP) will be received at the City Hall, 6800 Main Street, The Colony, Texas 75056 until 02:00 p.m., local time, Tuesday, August 24, 2021 for the products/services listed below. RFP can be found on the Bidsync website located at http://www.bidsync.com Only paper RFPs will be accepted and shall be submitted to the City in an opaque sealed envelope by 2:00 p.m., local time, Tuesday, August 24, 2021. RFPs are to be turned in to the receptionist and/or utility service representative in the foyer or utilities window at the City Hall at 6800, The Colony, Texas 75056-1133. RFPs will not be accepted through the Bidsync website for this project. Two (2) identical copies of the bid enclosed in an opaque sealed envelope and marked on the outside of the sealed envelope when submitted the project title: BID 75-21-25 JAIL CONTROL INTEGRATED SYSTEM PROJECT, City of The Colony, name and address of the Bidder. Pages 1-3 thru 1-5 of the Request for Proposal also includes instructions for the submission of RFPs. JAIL CONTROL INTEGRATED SYSTEM REQUEST FOR PROPOSAL 75-21-25 JAIL CONTROL INTEGRATED SYSTEM PRE-BID AT 10:00 A.M., Tuesday, August 10, 2021 AT 5151 N. COLONY BOULEVARD, THE COLONY, TEXAS, ALTHOUGH NOT MANDATORY, BIDDERS ARE STRONGLY URGED TO ATTENDTHIS CONFERENCE. ANY MISUNDERSTANDINGS DUE TO NON-ATTENDANCE WILL NOT BE REASON FOR LETTING A BIDDER OUT OF THE BID. Results will be read at 02:10 p.m., Tuesday, August 24, 2021. The City desires to replace its current Jail Control Integrated System (JCIS) in its Police Department with a new state of the art system. The JCIS must have the capability to control the doors, cameras, intercoms, and lighting that will integrate with the current components in the jail area and video recording solution including but not limited to hardware, software, and maintenance. The City and the successful respondent are expected to enter into a contract to install, upgrade, train, support and maintain the JCIS, as well as a separate five (5) year maintenance agreement post- software and hardware installation maintenance of the Jail Control Integrated System. The requirements below are intended to give general guidelines or parameters for what the City will require. It is encouraged respondents provide additional features and available options. The respondent's technical proposal presented should address the requirements below, as well as explain and/or describe any additional features, options, and/or benefits. The successful bidder will be required to furnish Payment and Technology Bonds for 100% of amount bid from a Surety licensed to do business in the State of Texas, within fifteen (15) days of the bid award. The bidder must submit, prior to the bid opening time, a Cashier’s Check, Certified Check or Bid Bond in the amount of five (5%) percent of the amount of bid. Bonds or check may be faxed to the Purchasing Manager at 972.624.3145, scanned and sent to the Purchasing Manager at cdelossantos@thecolonytx.gov. Bid bond originals will be required in the Purchasing Office within 3 days of the bid opening. Specifications, bid proposal and instructions to bidders may be downloaded from the Bidsync website located at http://www.bidsync.com and are also available from the City of The Colony Purchasing Office, 6053 Main Street, Suite 230, The Colony, Texas 75056. The bidder must call ahead before picking up the packet. All bidders must register on the Bidsync website to receive addenda and also submit any questions even when submitting a required hard copy paper bid package for this project. There is no fee for registering this project through Bidsync. Any questions for this project should be submitted through Bidsync and the questions will be answered after they are received on the website. All prices quoted shall be F.O.B. destination, The Colony, Texas. Any proposals received after the time listed above, regardless of the mode of delivery, shall be deemed non-responsive. All bidders are invited to the proposal opening, but are not required to attend. Any questions regarding the proposal process, procedures, plans, or specifications shall be submitted through Bidsync (http://www.bidsync.com) or contact the Purchasing Manager, Cherise De Los Santos (cdelossantos@thecolonytx.gov). All responses through Bidsync will be answered through Bidsync. The City of The Colony reserves the right to reject any or all proposals, in whole or in part, to waive any informality in any proposal, and to accept the proposal which, in its discretion, is in the best interest of the City of The Colony. Sincerely, Cherise De Los Santos, CPM City of The Colony Purchasing Manager, City of The Colony, Phone: 972.624.3145 PUBLICATION DATES: July 30 and August 06, 2021 – DALLAS MORNING NEWS 6800 Main Street The Colony, Texas 75056-1133 (972) 624.3145 cdelossantos@thecolonytx.gov 140 PROPOSAL AND CONTRACT DOCUMENTS 1.1 Defined Terms The term "Bidder or Contractor" means one who submits a Proposal directly to OWNER, as distinct from a sub- bidder, who submits a proposal to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom the OWNER (on the basis of the Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Notice to Bidders, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of proposals). Specific defined terms are: Owner: Wherever the word "OWNER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of The Colony, Texas. 1.2 Description The City is seeking proposals from qualified individuals, firms, partnerships, and corporations having specific experience in the area(s) of detention center or jail control integrated systems and interested in providing complete installation, training and on-going support services to the City. The City desires to replace its current Jail Control System (JCS) in its Police Department with a new state of the art system. The JCS must have the capability to control the doors, intercoms, and cameras that will integrate with the current components in the jail and dispatch area and video recording solution including but not limited to hardware, software, and maintenance. The City and the successful respondent are expected to enter into a contract to install, upgrade, train, support and maintain the JCS, as well as a separate five (5) year maintenance agreement post- software and hardware installation maintenance of the Jail Control System. The requirements below are intended to give general guidelines or parameters for what the City will require. It is encouraged that respondents provide additional features and options that are available. The respondent's technical proposal presented should address the requirements below, as well as explain and/or describe any additional features, options, and/or benefits. 1.3 Existing Environment The existing JCS is original to the building, built in 2010, and has not been updated substantively since that time. The existing JCS is controlled by a Wonderware software system running on multiple servers/desktop PCs which is responsible for doors, intercoms, and jail cell lighting controls. The JCS is integrated with cameras that will have camera call up views integrated with each designated door lock. There are two JCS terminals located in the Police Department. The reliable operation of this system is critical to the safety of officers and detainees within the City’s jail operations. Current cameras are analog that no longer provide proper quality of images. This issue leads to a current configuration that is not sustainable. Where possible, the existing digital cameras will be used as the replacement. Terms and Conditions 1-2 141 1.4 Inquiries It shall be the responsibility of the respondent to inquire about any portion of the RFP that is not fully understood or susceptible to more than one (1) interpretation. Written inquiries are required. Oral communications will not be accepted, with the exception of confirming delivery of proposal or written correspondence. All questions concerning the RFP must reference the page number, section heading, and paragraph. Questions may be submitted via email to the Purchasing Manager at cdelossantos@thecolonytx.gov. Please place “Jail Control Integrated System Question” in the subject line. In submitting this proposal, the Contractor understands and agrees to be bound by the following terms and conditions. These terms and conditions shall become a part of the purchase order and/or contract and will consist of the request for proposal, specifications, the responsive documents and the contract with attachments, together with any additional documents identified in the contract and any written change orders approved and signed by an OWNER with authority to do so. All shall have equal weight and be deemed a part of the entire contract. If there is a conflict between contract documents, the provision more favorable to the City shall prevail. The City reserves the right to reject any and all proposals for any or all items covered in this RFP and to waive informalities on defects in proposals or to accept such proposals as it shall deem to be in the best interest of the City. The OWNER also reserves to the right to (1) require additional technical and pricing information, (2) have discussions with contractor regarding all elements which comprise only the contractor’s proposal, and (3) award by line item, section or by entirety. 1.5 Maintenance Requirements The Contractor shall provide a fully furnished, installed, and operational JCIS, including ongoing maintenance and support, end-user training and other related miscellaneous items for the implemented jail control integrated system. 1.6 Specifications/Deliverables The respondent shall: 1) Prior to upgrade provide comprehensive pre-test of existing JCS to determine malfunctioning components. 2) Identify, furnish, install and test all necessary networking equipment, cabling and other requirements for operations 3) Furnish and install two (2) workstations for JCIS control operations. 4) Provide documentation on configuration, both physical and logical, calling special attention to new vs repurposed components 5) Work with designated City staff to integrate all systems with existing records and hardware. 6) Identify two (2) and create separate configurations for capable access to control: a) Doors b) Cameras c) Intercom system d) Lighting throughout different sections of the Police Department building 7) Pair various cameras and intercoms together to quickly alert staff when an intercom button is pressed. 8) Provide video storage hardware to allow for 90 days 24x7 recording of all cameras. Warranty and hardware support must be included. 9) Repurpose JCS related hardware where possible including but not limited to cameras; intercoms; speakers;door controls; cabling and all Programmable Logic Controller (PLC) related equipment. 10) Provide documentation on configuration, both physical and logical, calling special attention to new vs repurposed components Terms and Conditions 1-3 142 11) Provide hands-on training to include a user manual 12) Provide routing maintenance visits on an as needed basis 13) Respond to warranty service callas within eight (8) hours of notification of system trouble. For critical system issues response time should not exceed four (4) hours. 14) Warrant and support JCIS and all related components including all repurposed hardware for a period of sixty (60) days 1.7 Project Schedule Due to the critical nature of the JCS, this system needs to be replaced in a timely manner because the current system has experienced limited functions and outages. Work for this Project needs to be completed in a working jail environment and will need to work around jail schedules with minimal impact. An estimated time for completion must be outlined in the proposal. The project schedule is as follows: Activity Target Dates Advertisement July 30 & August 6 Release Request for Proposal Friday - July 30, 2021 Pre-Bid Meeting Tuesday – August 10, 2021 Deadline for Questions Thursday – August 19, 2021 Responses to Questions Friday – August 20, 2021 Deadline for Receipt of Proposal Tuesday – August 24, 2021 @ 02:00PM Proposal Opening Tuesday – August 24, 2021 @ 02:10PM 1.8 Copies of Proposal Documents A. Complete sets of the Proposal Documents may be obtained from the City of The Colony Purchasing offices, 6053 Main Street, Suite 230, The Colony, TX 75056, phone (972.624.3145) after notifying the Purchasing Manager or downloaded from the BIDSYNC website. The following general requirements pertain to the Proposal Documents: 1. No proposal documents will be issued later than two (2) business days prior to the RFP opening date. 2. After award of the Contract, the successful CONTRACTORwill be furnished five (2) sets of Contract Documents at no charge. B. Complete sets of Proposal Documents must be used in preparing Proposals; the City of The Colony assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Proposal Documents. No partial sets of specifications or proposal forms will be issued. C. The OWNER, in making copies of Proposal Documents available on the above terms, does so only for the purpose of obtaining Proposals on the Scope of Work and does not confer a license or grant for any other use. Terms and Conditions 1-4 143 1.9 Bidder Qualifications The Bidder shall submit within five (5) days of the Owner's request such evidence as the OWNERmay require to establish his financial responsibility, experience and possession of such equipment as may be needed to prosecute the work in an expeditious, safe and satisfactory manner. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A. Current Project Experience A list of all projects presently under information technology, particular jail projects, by the bidder including approximate cost and completion date shall be submitted upon request. B. Past Project Experience. The Bidder shall submit a list of comparable projects completed within the previous five years including approximate cost(s), quantities, and completion date(s). C. Financial Each Bidder shall be prepared to submit upon request of the OWNERa balanced financial statement with no evidence of threatening losses as evidenced by an audited certified financial statement (current within the last six (6) months of RFP date). This information will be used to confirm that the Bidder has suitable financial status to meet obligations incidental to performing the work. Have a satisfactory record of integrity and ethics. Not be on the State of Texas debarred vendor list or on the Federal Excluded PartiesList. 1. Technical Experience The Bidder shall demonstrate to the satisfaction of the OWNER the technical experience to properly complete this project. 2. Proof the bidder maintains a permanent place of business. Terms and Conditions 1-5 144 1.10 Conflict of Interest Pursuant to Chapter 176 of the Texas Local Government Code, a person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods or services with the City must file a completed conflict of interest questionnaire. This conflict of interest questionnaire must be filed in conjunction with this proposal. City Charter states no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents no employee or officer of the City has an interest in the Contractor. No member of the City Council or any City employee shall have any financial interests in the profits of any contract, service or other work performed by the proposal or personally profit directly or indirectly from any contract, purchase, sale or service between the City any person or company. 1.11 Certificate of Interested Parties Certificate of Interested Parties (Form 1295) must be provided per the Texas Legislature adoption of House Bill 1295 which added section 2252.908 of the Texas Government Code. The law states that a government entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the government entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either 1) requires an action or vote by the governing body of the RFP Documents 1-5 entity or agency before the contract may be signed or 2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The completed form must be submitted by the selected contractor prior to the City Council meeting to award the project. 1.12 Interpretations and addenda(s) A. Any questions regarding interpretations or clarifications or any other aspect of the bid shall be posted on the BIDSYNC website located at http://www.bidsync.com so the answers to said questions will be immediately available to all bidders. Any addenda will also be posted on the website and Bidsync will alert all registered bidders whenever an addendum is present. Only questions answered on the website or addressed by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Questions received less than two days prior to the date for opening of Proposals may not be answered. Each Bidder shall acknowledge on the bid proposal all Addenda(s) issued have been received. B. Addenda(s) may also be issued to modify the RFP Documents as deemed advisable by the OWNER. Terms and Conditions 1-6 145 1.13 Contract Term A. The time for completion in calendar days should be included on the RFP Summary. All work shall be complete within the calendar day count required by the RFP Summary. The calendar day count shall commence ten (10) calendar days after the date of the Notice to Proceed. B. Prior to the issuance of the Notice to Proceed by the OWNER, the Bidder shall submit a detailed Progress and Schedule bar chart to the OWNER for approval. C. Extension of the contract time shall be based on a Change Order or written amendment. D. CONTRACTOR agrees all work awarded will be completed within 60 Calendar days, which includes 5 inclement weather days, for this project. The Contractor will submit written documentation to the Information Technology Director assigned by the City to document inclement weather days. Additional inclement weather calendar days will be added to the contract only if the 5 inclement weather days included in the bid have been approved. Contract time will commence to run as provided in the Contract Documents. 1.14 Substitute or "Or-Equal" Items The Contract, if awarded, will be on the basis of materials and equipment specified in the Scope of Work without consideration of possible substitute or "or equal" items. Whenever it is indicated in the Scope of Work a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to the City of The Colony, application for such acceptance will not be considered by staff until after the Effective Date of the Agreement. No substitutions should be considered during the bidding process. 1.15 Subcontractors, Suppliers, and Others A. If the OWNER requests the identity of any Subcontractors, Suppliers, or other persons or organizations to be submitted to the OWNER in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the request submit to the OWNERa list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. An experience statement shall accompany such list with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, supplier, person or organization if requested by the OWNER. If the OWNER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder's RFP price may be increased (or decreased) by the difference in cost occasioned by such substitution, and the OWNER may consider such price adjustment in evaluating Proposalsand making the contract award. If the apparent successful Bidder declines to make any such substitution, the OWNER may award the contract to the next lowest responsible Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Proposal security of any Bidder. B. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against which Contractor has reasonable objection. Terms and Conditions 1-7 146 1.16 Provision Concerning Escalator Clauses Proposals containing any condition, which provides for changes in the stated RFP prices due to increase or decrease in the costs of materials, labor, or other items required for this project, may be rejected and returned to the Bidder without being considered. 1.17 Estimates of Quantities Payments will be made to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the contract. The quantity of work to be done and the materials may be increased or decreased as provided for in the Contract Documents with city staff approval. 1.18 References A minimum of three (3) references from similar governmental entities, organizations and/or entities the bidders have provided similar services or goods are required. The Company name, contact, and phone number must be included with each reference. 1.19 Bond or Penalty City reserves the right to demand bond(s) to guarantee delivery by the date indicated. When payment, performance, maintenance and/or technology bonds are required, the successful respondent must provide the bonds, in the amounts and on the conditions required. If order is given and the bidder fails to furnish the bond(s) by the guaranteed date, the City reserves the right to reject the proposal without liability on its part. 1.20 Bid Bond The required bidder's security shall be in an amount equal to at least five (5%) percent of the amount bid. A bid shall not be considered unless one of the forms of bidder's security is enclosed with it. All bids submitted pursuant to this section shall also comply with the provisions of Local Government Code 262.032. All bids shall be presented under sealed cover and accompanied by one of the following forms of bidder's security: (1) An electronic bidder's bond by an admitted surety insurer submitted using an electronic registry service approved by the Purchasing Manager; (2) A signed bidder's bond by an admitted surety insurer received by the Purchasing Manager; or (3) Cash, a cashier's check, or certified check received by, and made payable to, the City of The Colony. Terms and Conditions 1-8 147 1.21 Payment, Maintenance and Technology Bond Unless otherwise specified, it is further agreed by the parties to this Contract the CONTRACTOR will execute separate performance, technology and payment bonds, each in the sum on one hundred (100%) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials or furnishing any equipment to the CONTRACTOR in the execution of the Contract, and it is agreed this Contract shall not be in effect until such performance and payment bonds are furnished to and approved by Purchasing. The Surety Company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Bonds will specified, the cost of the premium for the performance, technology and payment bonds shall be included in the CONTRACTOR’s proposal when submitted to the OWNER. CONTRACTOR will be required to execute a maintenance bond in the amount of fifty percent (50%) of the value of the scope of work to be performed for a term of two (2) years from the date of acceptance of the work. 1.22 Prices, Charges, and Fees All prices quoted by the bidder will remain firm for a minimum of ninety (90) days from the date of opening. In the event of a discrepancy between unit prices and extended prices, the lower of the two shall govern. The cost of all special packing, boxing, crating, or cartage shall be included in the pricing specified on the response unless otherwise specifically stated in the City’s request. All packing, crating, or other debris resulting from the delivery or set-up of the commodity purchased shall be removed and properly disposed of by the successful contractor. All products shall be proposal F.O.B., final destination, as designated, with all delivery charges to be prepaid by the successful contractor. The City does not accept C.O.D. or collect shipments. Materials delivered in error or in excess of the quantity ordered may, at the City’s option, be returned at the contractor’s expense. 1.23 Guarantees and Warranties Guarantees and warranties should be attached as part of the proposal as they may be a consideration in making the award. 1.24 Assignment The Successful Bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of OWNER. Such consent shall not relieve the assignor of liability in the event of default by his assignee. 1.25 Affidavit of Bills Paid Prior to final acceptance of this project by the OWNER, the CONTRACTOR shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the project construction have been paid in full, and there are no claims pending. Terms and Conditions 1-9 148 1.26 Proposal Preparation Costs All costs incurred by the bidder in the preparation, printing, demonstration or negotiation of its statement of qualifications shall be borne by the bidder. This solicitation does not obligate or commit the City to pay any costs incurred in the preparation and submission of this request for proposal or to contract for the goods/services specified. Further, the City is not obligated to pay any costs incurred by any contractor as a direct result of errors or omissions committed by the City employees and/or agents in the preparation of this solicitation and the processing of the respondents statement of qualifications. It is incumbent upon each contractor submitting a proposal to verify the accuracy of the information herein contained based upon each contractor’s research and information, and to immediately advise the City of any discrepancies. 1.27 Submission of Proposals Only paper proposals should be received addressed to the Purchasing Manager, and submitted to the receptionist and/or utility service representative in the foyer or utilities window at the City Hall at 6800 Main Street, The Colony, Texas 75056-1133 until 2:00 p.m., local time on Tuesday, August 24, 2021, and then publicly opened and read aloud at 2:10p.m. local time on Tuesday, August 24, 2021. Two (2) identical copies of the proposal enclosed in an opaque sealed envelope and marked on the outside of the sealed envelope when submitted the project title: RFP 75-21-25 - JAIL CONTROL INTEGRATED SYSTEM PROJECT, City of The Colony, name and address of the Bidder. If the Proposalis sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation “PROPOSAL ENCLOSED: RFP 75-21-25 JAIL CONTROL INTEGRATED CONTROL SYSTEM, City of The Colony, written on the outside of the sealed envelope including the name and address of the Bidder when submitting the sealed proposal. Address the envelope to Purchasing, City of The Colony, 6800 Main Street, The Colony, Texas, 75056-1133. 1.28 Modification and Withdrawal of Proposals A. Proposals may be modified or withdrawn by an appropriate document duly executed (in the manner that a Proposal must be executed) and delivered to the place where Proposal are to be submitted at any time prior to the opening of Proposals. Modifications must be delivered in a sealed envelope marked on the outside with the respondent's information, RFP number 75-21-25 and the word "MODIFICATION." The RFP modification must be accompanied by a letter clearly stating the page(s) and item(s) being modified, and any further relevant information signed by the person authorized to bind the respondent in a contract. B. If, within twenty-four hours after the Proposals are opened, any Bidder files a duly signed written notice with the OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER there was a material and substantial mistake in the preparation of the Proposal, Bidder may withdraw the RFP. Thereafter, Bidder will be disqualified from further bidding on the work. 1.29 Rejection of Proposals Proposals may be rejected if they show alterations of form, additions not called for, conditional proposals, incomplete proposals, erasures or irregularities of any kind. The OWNER reserves the right to waive any irregularities in the proposals as received and to reject any and all proposals without qualification(s). More than one proposals from an individual, firm or partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing a Bidder is interested in more than one such proposal may cause the rejection of all proposal in which said Bidder is interested. Proposals in which prices are obviously unbalanced may be rejected Terms and Conditions 1-10 149 1.30 Late Submission City will not receive/accept any late proposal submissions after the posted deadline. It is the sole responsibility of the proposing respondent to ensure timely delivery of the proposal. The City will not be responsible for failure of service on the part of the U.S. Postal Office, courier companies, or any other form of delivery service chosen by the proposing respondent. Late proposals will be returned to the Respondent unopened. 1.31 Public Disclosure and Proprietary Information All material submitted to the City becomes public property and is subject to the Texas Public Information Act upon receipt. Information contained in submitted proposal documents shall not be available for inspection until after the award has been made by the City. If a respondent does not desire proprietary information in the RFP to be disclosed, each page must be identified and marked "proprietary" at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to what information must be disclosed, however, lies with the Texas Attorney General. Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. 1.32 Background Checks The Colony will perform background checks on all CONTRACTOR personnel and/or sub-contractor personnel who will be performing services for OWNER, including not limited to implementation services under any Scope of Work. OWNER will not assign any CONTRACTOR personnel and/or sub-contractor to perform services for OWNER who has not authorized a background investigation, or whose background investigation has revealed the conviction of a felony. Should an misdemeanor within seven (7) years, prior from the time CONTRACTOR commences services pursuant to the Agreement, to the extent such misdemeanor relates to the suitability of the individual’s employment, except to the extent prohibited by applicable law. If the CONTRACTOR, for any services related to RFP 75-21-25 JAIL CONTROL INTEGRATED SYSTEM, with a third party will undergo the same background check as performed on CONTRACTOR personnel under this section. 1.33 Confidentiality All information disclosed by the City to successful bidder for the purpose of the work to be done, or, information to the attention of the successful contractor during the course of performing such work, is to be kept strictly confidential. 1.34 Proposal Compliance Proposals must comply with all Federal, State, County and local laws. Contractor shall not hire nor work any illegal alien. 1.35 Proposals to Remain Subject to Acceptance All Proposals will remain subject to acceptance for ninety (90) days after the day of the Proposal opening, but the OWNER may, in its sole discretion, release any Proposal prior to that date. Terms and Conditions 1-11 150 1.36 Award of Contract A. The OWNER reserves the right to reject any and all proposals, to waive any and all informalities except for the time of submission of the Proposal and to negotiate contract terms with the Successful Bidder. The OWNER also reserves the right to reject all nonconforming, non-responsive, unbalanced or conditional Proposals. Also, the OWNER reserves the right to reject the Proposal of any Bidder if the OWNER believes it would not be in the best interest of the Project to make an award to that Bidder, whether because the Proposal is not responsive or the Bidder is unqualified or has doubtful financial ability or fails to meet any other pertinent standard or criteria established by the OWNER. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. B. In evaluating Proposals, the OWNER will consider the qualifications of the Bidders, whether or not the Proposals comply with the prescribed requirements, and such alternates, unit prices, completion time, and other data, as may be requested in the Bid form or prior to the Notice of Award. C. The OWNER may consider the qualifications and experience of any Subcontractors, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as requested by the OWNER. The OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Scope of Work when such data is required to be submitted prior to the Notice of Award. D. The OWNERmay conduct such investigations as the OWNERdeems necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the OWNER's satisfaction within the prescribed time. E. If contract is to be awarded, it will be awarded to the lowest responsible Bidder whose evaluation by the OWNER indicates to the OWNER the award will be in the best interests of the Project. The OWNER’s evaluation in determining “lowest responsible bidder” will include consideration of skill, judgment, and integrity necessary to the faithful performance of the contract, as well as sufficient financial resources and ability. F. If the contract is to be awarded, the OWNER will give the Successful Bidder a Notice of Award within ninety (90) days after the date of the Proposal opening. 1.37 Execution of Agreement Within fifteen (15) days after written Notification of Award of the contract, the Successful Bidder shall execute and furnish to the OWNER three (3) original signed contracts, a Certificate of Insurance, Payment, Performance, Maintenance and Technology Bonds. 1.38 Termination for Convenience City may terminate this contract at any time for any reason by giving at least sixty (60) day notice in writing to the contractor. If the CONTRACTOR is terminated by the city as provided herein, the CONTRACTOR will be paid a fair payment as negotiated with the city for the work completed as of the date of termination. Terms and Conditions 1-12 151 1.39 Termination for Non-Performance Continuing non-performance of the respondent in terms of Specifications set forth in the contract documents shall be a basis for the termination of the contract by the City. The City reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful respondent fails to 1) meet delivery schedules or, 2) otherwise not perform in accordance with the specifications set forth in the contract documents. Breach of contract or default authorizes the City to award to another respondent, and/or purchase elsewhere and charge the full increase in cost and handling to the defaulting successful respondent. 1.40 Legal Considerations Successful bidders shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations, and lawful orders of any public authority bearing on the performances of the services. This agreement, and the rights and obligations of the parties hereto, shall be interpreted, construed, and enforced in accordance with the laws of the State of Texas. Contractor warrants and covenants to the City services will be performed in compliance with all applicable federal, state, county, and city health and safety codes, rules and ordinances including, but not limited to, the Texas Industrial Safety and Health Act, and the Workers Right to Know Law. The City reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of resulting contract award. 1.41 Indemnity Agreement Except as hereinafter set forth, the successful bidders shall indemnify and hold harmless to the extent authorized by law the City and their respective agents and employees from and against all claims, damages, losses and expenses, including but not limited to, attorney’s fees, expert witness fees and other costs arising out of or resulting from negligent performance of the services set forth in the successful respondent’s proposal, provided such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property but only to the extent caused by negligent acts or omissions of the respondent, a subcontractor of the contractor, anyone directly or indirectly employed or contracted by the contractor or anyone for whose acts the successful contractor may be liable. 1.42 Payment Payment will be made after completion and acceptance of the project as outlined in the contract. Contractor will be required to submit a valid invoice to the Information Technology Department for payment. 1.43 Notice to Proceed Upon execution of the Contract, the OWNER will issue a written Notice to Proceed to the Contractor requesting to proceed with the project. The Contractor shall commence work within ten (10) calendar days after the date of Notice to Proceed. Terms and Conditions 1-13 152 1.44 Sales Tax The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials to be incorporated into the contract (tangible personal property) in the space provided on the bid form. The successful bidders bid form will be used to develop a separated contract and will determine the extent of the tax exemption. Upon execution of the project contract, the successful bidder shall provide a per item breakdown of: 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. 1.45 Silence of Specification The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by OWNER or their authorized representative. 1.46 Change Orders No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the OWNER. 1.47 Venue This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Denton County, Texas. 1.48 Termination for Non Performance Continuing non-performance of the respondent in terms of Specifications set forth in the contract documents shall be a basis for the termination of the contract by the City. The City reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful respondent fails to 1) Meet delivery schedules or, 2) Otherwise not perform in accordance with the specifications set forth in the contract documents. Breach of contract or default authorizes the City to award to another respondent, and/or purchase elsewhere and charge the full increase in cost and handling to the defaulting successful respondent. Terms and Conditions 1-14 153 1.49 Protection against Royalties or Patented Invention The CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design, device material or process covered by letters patent or copyright by suitable legal agreement with the patentee or OWNER. The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and saver the OWNER harmless from any loss on account thereof, except the OWENER shall defend all such suits and claims and shall be responsible for all such loss when a particular manufacturer or manufacturers is specified or required by the OWNER: provided, however, if choice of alternate design, device, material or process is allowed to the CONTRATOR, then CONTRACTOR shall indemnify and save OWNER harmless from any loss on account thereof. If the material of process specified or required by the OWNER is an infringement, the CONTRACTOR shall be responsible for such loss unless CONTRACTOR promptly gives such information to the OWNER. Evaluation Criteria Proposals will be evaluated on the basis of their responses to all provisions of this RFP. The City may use some or all of the criteria below in its evaluation and comparison of proposals submitted. The criteria listed is not necessarily an all-inclusive list. Value and Cost 50% (Respondents will be evaluated on the cost and value of their proposal based on the work to be performed in accordance with the scope of this project) Compliance with RFP Requirements and Scope 25% (Proposal must meet the scope and needs included herein) Experience and Qualifications 15% (Respondents will be evaluated on their experience and qualifications as it pertains to the scope of this project and should list references, examples of similar work pertaining to this project, special expertise or experience, etc) Clarity and Quality of Proposal 10% (Evaluated based on completeness of proposal and if it is presented in a clear and organized manner) Terms and Conditions 1-15 154 END OF NOTICE TOBIDDERS 1. BIDDER agrees all work awarded will be completed within Calendar days, which includes 5 inclement weather days, for this project. The Contractor will submit written documentation to the City document inclement weather days. Additional inclement weather calendar days will be added to the contract onlyif the 5 inclement weather days included in the bid have been approved. Contract time will commence to run as providedin the Contract Documents. 2. Communications concerning this Bid shall be addressed to the address of BIDDER indicated ontheapplicable signature page. 3. BIDDER understands the Owner is exempt from State Limited Sales and Use Tax on tangible personal propertyto be incorporated into the project. Saidtaxesare notincludedin the Contract Price(seeInstructionsto Bidders). 4. The terms used in this Bid which are defined in the General Conditions of the Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. The City of The Colony reserves the right to delete any portion of this project as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities will be adjustedaccordingly to stay within budget. SUBMITTEDON BY: PRINT NAME SIGNATURE Terms and Conditions 1-16 155 SECTION 2 INSURANCE REQUIREMENTS 156 Section 2 – Insurance Requirements 2.1 Insurance Provisions COMMERCIAL GENERAL AND COMPREHENSIVE GENERAL INSURANCE: It is understood and agreed as a part of this contract the CONTRACTOR shall indemnify, save and hold the City harmless from any and all claims, demands or damages which result from any injury, loss or liability as a result of CONTRACTOR’S performance of this contract, including any for which it might be contended the City is negligent. In that regard CONTRACTOR shall carry: COMPREHENSIVE GENERAL LIABILITY AND CONTRACTOR’S INSURANCE: LIMITS:COMBINED SINGLE LIMIT BODILY INJURY AND PROPERTY DAMAGE $1,000,000.00 EACH OCCURRENCE $2,000,000.00 AGGREGATE (PER PROJECT ENDORSEMENT) (PER LOCATION ENDORSEMENT) AUTOMOBILE LIABILITY: LIMITS: COMBINED SINGLE LIMIT BODILY INJURY AND PROPERTY DAMAGE - $1,000,000.00 PER OCCURRENCE It is understood the purpose of the insurance required herein is to cover any liability that may result, not only against the CONTRACTOR but also against the City, as a result of CONTRACTOR’S performance of this contract. Therefore, such insurance shall not include any exclusion, which may be relied upon to cause the City not to be covered. Generally the insurance coverage shall be provided by a company rated A+ or A in the current Best Key Rating Guides. All insurance other than Worker's Compensation shall be of the occurrence type. The company shall be one acceptable to the OWNER and more specifically shall be adequately capitalized and rated and shall be a company admitted in Texas. At the time of the execution of the contract and before commencing work, the CONTRACTOR shall submit to the OWNER a certificate of insurance in favor of the OWNER with a 30-day notice of cancellation, naming the “City of The Colony” as an additional insured and showing the CONTRACTOR has the coverage required herein. All coverage shall include a waiver of subrogation clause in favor of the OWNER. The CONTRACTOR shall also file with the OWNER valid Certificates of Insurance covering all sub-contractors. WORKMAN’S COMPENSATION AND EMPLOYER’S LIABILITY: CONTRACTOR shall carry Worker’s Compensation and Employer’s Liability. LIMITS: WORKERS’ COMPENSATION STATUTORY EMPLOYER’S LIABILITY - $1,000,000.00 PER OCCURRENCE A certificate of insurance must be attached showing that the CONTRACTOR has coverage providing for payment of benefits as specified by the Worker’s Compensation Law of the State of Texas. Insurance Requirements 2-1 157 2.2 Contract Type and Amount of Insurance WORKERS’ COMPENSATION INSURANCE: In accordance with Texas Workers' Compensation Commission New Rule 28 TAC *110.110, the following language is required: A.Definitions: Certificate of coverage ("certificate") - A copy of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - Includes the time from the beginning of the work on the project until the CONTRACTOR’S/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096 of the Texas Labor Code) - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 1. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, which meets the necessary requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project, for the duration of the project 2. The CONTRACTOR must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 3. If the coverage period shown on the CONTRACTOR’S current certificate of coverage end during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 4. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the governmental entity. 5. A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificate of coverage showing coverage for all persons providing services on the project; and 6. No later than seven days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Insurance Requirements 2-2 158 7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 8. The CONTRACTOR shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the CONTRACTOR knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by Texas Workers’ Compensation Commission, informing all persons providing services on the project they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 10. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: Provide to the CONTRACTOR, prior to the person beginning work on the project, a certificate of coverage showing the coverage is being provided for all employees of the person providing services on the project, for the duration of the project; provide to the CONTRACTOR, prior to the person beginning work on the project, a certificate of coverage showing coverage is being provided for all employees of the person providing services on the project, for the duration of the project; provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage. If the coverage period shown on the current certificate of coverage ends during the duration of the project. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: a. a certificate of coverage, prior to the other person beginning work on the project b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period. If the coverage period shown on the current certificate of coverage ends during the duration of the project; c. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; d. notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change materially affects the provision of coverage of any person providing services on the project; and e. contractually require each person with whom it contracts, to perform as required by paragraphs (a) – (e), with the certificates of coverage to be provided to the person for whom they are providing services. B.By signing this contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR representing to the governmental entity all employees of the CONTRACTOR who will provide services on the project will be covered by workers’ compensation coverage for the duration of the project, the coverage will be based on proper reporting of classification codes and payroll amounts, and all coverage agreements will be filed with the appropriate insurance carrier, or, in the case of a self-insured, with the commission’s Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. Insurance Requirements 2-3 159 C. The CONTRACTOR’S failure to comply with any with any of these provisions is a breach of contract by the CONTRACTOR which entitles the governmental entity to declare the contract void if the CONTRACTOR does not remedy the breach within ten (10) days after receipt of notice of breach from the governmental entity. D. The required notice at the project shall be in text of at least a nineteen (19) point type, with a title in at least thirty (30) point type, and shall contain the following text, in English and Spanish: 2.3 Required Workers’ Compensation Coverage The law requires each person working on this site or providing services related to this project must be covered by workers’ compensation insurance. This includes persons providing, or delivering equipment or materials; or providing labor or transportation or other services related to the project, regardless of the identity of their employer or status as an employee. Call the Texas Workers’ Compensation Commission at 512.440.3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer’s failure to provide the proper coverage. 2.4 Certificate of Insurance Before commencing any work, CONTRACTOR shall file with OWNER valid Certificates of Insurance, from an Insurance Company with a rating of A or higher in the current Best’s Key Rating Guide and acceptable to the OWNER. Insurance Requirements 2-4 160 SECTION 3 REQUIRED FORMS 161 PROPOSAL FORM PROJECT IDENTIFICATION: JAIL INTEGRATED CONTRAL SYSTEM in the City of The Colony BID # 31-21-20 PROPOSAL OF: (NAME OF FIRM) THIS RFP IS SUBMITTED TO: City of The Colony (hereinafter called OWNER) c/o Purchasing Agent 6800 Main Street The Colony, Texas 75056-1133 CITY OF THE COLONY BID #69-21-19 1. The undersigned BIDDER proposes and agrees, if this RFP is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders. This RFPwill remain subject to acceptance for ninety (90) days after the day of RFPopening. BIDDER will sign and submit the Agreement with other documents required by the ProposalRequirements within fifteen (15) days after the date of OWNER's Notice of Award. 3. In submitting this RFP, BIDDER represents, as more fully set forth in the Agreement, that: a) BIDDER has examined copies of all the Proposal Documents and of the following Addenda (receipt of all which is hereby acknowledged): No: Date: __________ __________ __________ Rec'd: b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c) BIDDER has studied carefully all reports and drawings contained in the contract documents and which have been used in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. BIDDER has studied carefully all drawings of the physical conditions in or relating to existing surface or subsurface structures on the site, which are contained in the contract documents and which have been utilized in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. 162 NON-COLLUSION STATEMENT The undersigned certifies that: (1) he/she is duly authorized to submit and execute this proposal and (2) the respondent and its principles, shareholders, members, partners, employees and/or agents have not and will not attempt to lobby (directly or indirectly) the City Council or any employees or agents of the City with regard to thisproposal. The undersigned further certifies that the enclosed proposal is submitted in accordance with all instructions, specifications, definitions, conditions contained herein and that the undersigned is aware that failing to submit a conforming proposal may result in partial or full rejection of the proposal. Company Name Authorized Signature Date Print or Type SignatoryName Address Position / Title City / State Zip Code Phone Number Fax Number Email Web Page EXCEPTIONS (IF ANY) FROM RFP SPECIFICATIONS: 163 STATE RECIPROCAL REQUIREMENT THE CITY OF THE COLONY, AS A GOVERNMENTAL AGENCY OF THE STATE OF TEXAS, MAY NOT AWARD A CONTRACT FOR SUPPLIES, MATERIALS, OR EQUIPMENT TO A NON- RESIDENT BIDDER UNLESS THE NON-RESIDENT’S RFP IS LOWER THAN THE LOWEST RFP SUBMITTED BY A RESPONSIBLE TEXAS RESIDENT BIDDER BY THE SAME AMOUNT THAT A TEXAS RESIDENT BIDDER WOULD BE REQUIRED TO UNDERBID A NON-RESIDENT BIDDER TO OBTAIN A COMPARABLE CONTRACT IN THE STATE IN WHICH THE NON- RESIDENT’S PRINCIPAL PLACE OF BUSINESS IS LOCATED (ARTICLE 601G V.T.C.S.). BIDDER SHALL ANSWER ALL THE FOLLOWING QUESTIONS BY ENCIRCLING THE APPROPRIATE RESPONSE OR COMPLETING THE BLANK PROVIDED. IS YOUR PRINCIPAL PLACE OF BUSINESS IN THE STATE OF TEXAS? YES NO IF THE ANSWER TO QUESTION 1 IS “YES” NO FURTHER INFORMATION IS NECESSARY; IF“NO”, PLEASE INDICATE: IN WHICH STATE YOUR PRINCIPAL PLACE OF BUSINESS IS LOCATED. DOES THAT STATE FAVOR RESIDENT BIDDERS (BIDDERS IN YOUR STATE) BY SOME DOLLAR INCREMENT OR PERCENTAGE? YES NO IF “YES”, WHAT IS THAT DOLLAR INCREMENT OR PERCENTAGE: 164 The City Council requires the following information for consideration of location of a Vendor’s principal place of business when awarding the bid: 1. Location Eligibility: Principal place of business is defined herein as any business which owns or leases a commercial building within the City limits and uses the building for actual business operations. Is company’s principal place of business within the City Limits of The Colony, Texas? a. If yes, identify name of business/DBVA, address, and business structure (sole proprietorship, partnership, corporation, or other). i.Business name: ii. Address: iii. Business structure: If more than 1 owner/partner/corporate officer exists, attach a separate sheet of paper with remaining person(s) information. b. Name and city of residence of owner(s)/partner(s)/corporate officer(s); as applicable. i.Name/Title: ii. City of Residence: If more than 1 owner/partner/corporate officer exists, attach a separate sheet of paper with remaining person(s) information. 2. General Business Information: a. Year business established (The Colony location only): b. Most recent year property valuation; real and personal property: $ c. Annual taxable sales originating/payable to The Colony facility: $ d. Is business current on all property and sales taxes at the time of this bid: e. Total number of current employees assigned to The Colony facility project: f.Total number of above employees who are residents of The Colony: 3. Economic Development benefits that would result from award of this contract: a. Number of job created or retained at The Colony facility by the awarded bid: b. Amount of The Colony sales tax collected and paid for in prior tax year: $ c. Will local subcontractor(s) be utilized if awarded this bid? if yes attach a list of company(ies) and value for each. d. Other economic development benefit deemed pertinent by applicant. Attach separate sheet if needed. City bid/proposal/quote number for local preferences is requested: Certification of information: The undersigned hereby affirm the information supplied is true and correct as of the date hereof, under penalty of perjury, Company Name Date Signature Printed Name Tax certificate for the most current year marked PAID is attached: Yes No LOCAL PREFERENCE CONSIDERATION APPLICATION Optional for vendors whose business is located within The Colony city limits 165 Should other Government entities decide to participate in this contract, would the CONTRACTOR, agree to all terms, conditions, specifications and pricing would apply: No Yes A Historically Underutilized Business (HUB) is a for profit entity that has not exceeded the size standards prescribed by 34 TAC 20.23 and has its principal place of business in Texas, and is at least 51% owned by Asian Pacific American, Black American, Hispanic American, Native American, American woman and/or Service Disabled Veteran, who reside in Texas and actively participate in the control, operations and management of the entity’s affairs. 1. Is your business a certified historically underutilized business (HUB) or Disadvantaged Business Enterprise (DBE)? No Yes; and certifying agency: If answered in the affirmative, please include a copy of my certification as an attachment to the proposal. I hereby the company named in this submittal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.01, Texas Government Code: 1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflect economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israel-controlled territory, but does not include an action made for ordinary business purposes; and 2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. By my signature I affirm the information provided in this submittal is accurate to the best of my knowledge. Authorized Signature Title Print/Type Name Date HISTORICALLY UNDERUTILIZED BUSINESS (HUB) QUESTIONAIRE HOUSE BILL 89 VERIFICATION INTER-LOCAL AGREEMENT 166 LEGAL INFORMATION QUESTIONAIRE (Please check the applicable box) Has the company failed to complete a contract? Yes No If yes, please identify the project and date: Any litigation issues pending in the last (3) years with the company? Yes No If yes, please identify the project and date: Are there any judgements, claims, arbitration proceedings, or suits pending or outstanding against the company or officers? Yes No If yes, please explain: 167 168 FORM 1295 INSTRUCTIONS Form 1295 –Certificate of Interested Parties Pursuant to Texas Government Code §2252.908 the successful vendor must file a Certificate of Interested Parties (Form 1295) with the Texas Ethics Commission prior to award of the contract.Failure to file and send the completed form within five (5) business days of request may be grounds for declaring vendor non-responsive to specifications. Information regarding this form may be found on the Texas Ethics Commission’s website at www.ethics.state.tx.us. Form 1295 Sample: 169 BIDAFFIDAVIT The undersigned certifies the bidpricescontainedin thisbidhave been carefully reviewed andare submitted ascorrect and final. Bidder further certifies and agrees to furnish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be 90 calendar days from the date of the bid opening. (Period of acceptance will be ninety (90) calendar days unless otherwiseindicatedbyBidder.) STATE OFTEXASCOUNTYOF BEFOREME, the undersigned authority, a Notary Public in and for the State of TEXAS, on this day personally appeared who after beingbyme Name dulysworn, diddepose andsay: "I, am a dulyauthorizedoffice/agent for Name andhave been dulyauthorizedto execute the Name ofFirm foregoingon behalf of thesaid Name ofFirm I hereby certify the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business prior to the official opening of this bid. Further, I certify the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of services/commodities bid on, or to influence any individual(s) to bid or not to bid thereon." Name and AddressofBidder: Telephone: by: Title: Signature: SUBSCRIBEDAND SWORN to before me bythe above named on this the dayof 2021. NotaryPublic in and for the State of TEXAS 170 IfBIDDERIS: AnIndividual By (Seal) (Individual's Name) doingbusiness as Business address Phone No. A Partnership By (Seal) (FirmName) (General Partner) Business address Phone No. A Corporation By (Seal) (Individual's Name) (State of Incorporation) doingbusiness as By (Name of Person Authorized to Sign)(Title) (Corporate Seal) Attest (Secretary) Business address Phone No. A Joint Venture By (Name) (Address) By (Name) (Address) (Each joint venture must sign. The manner of signing for each individual, partnership and corporation is a partnerto thejoint venture should bein the manner indicatedabove.) 171 MAINTENANCE BOND STATE OF TEXAS COUNTY OF _________________________ KNOW ALL MEN BY THESE PRESENTS: That ___________________________________ of the City of _________________________, County of ____________________, and State of ____________________, as Principal, and _________________________ a corporation authorized under the laws of the State of Texas to act as surety on bonds for principals, do hereby acknowledge themselves to be held and firmly bound to pay unto the City of Grand Prairie (Owner), a municipal corporation of the State of Texas, its successors and assigns, at Grand Prairie, Dallas County, Texas, the sum of ______________________________ Dollars ($_______________), 100% of the total amount of the contract for the payment of which sum said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by the presents: This obligation is conditioned, however, that: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the _______ day of _______________, 20 __, to __________________which contract and the plans and specifications therein mentioned, adopted by the City of Grand Prairie, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and WHEREAS, under the said plans, specifications and contracts, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of two (2) years from the date of acceptance thereof and perform all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by the said Contractor on account of any breaking of such improvements, caused by the said Contractor on constructing the same, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material, work or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or make said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day’s failure on the part of said Contractor to comply with the terms and provisions of said Contract and this bond. 172 MAINTENANCE BOND CONT. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of two (2) years as herein and in said contract provided, then this obligation shall be null and void and have no further effect; otherwise, to remain in full force and effect; It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or any matter affected from any cause during said time. IN WITNESS WHEREOF, the said ____________________________________________ as Contractor and Principal and the said _______________________________________, Attorney-in-Fact, and the said Attorney-in-Fact has hereunto set his hand this the ______day of ______________, 200__. ________________________________________ ________________________________________ PRINCIPAL SURETY By: _____________________________________ By: _____________________________________ Title:____________________________________ Title:____________________________________ Address:__________________________________Address:__________________________________ _______________________________________ Attorney-in-Fact 173 PERFORMANCE BOND BOND NO. STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF DENTON § THAT __________________________________________________________________ (Name of Contractor) of ____________________ (City) ____________________ County, State of ___________________, as PRINCIPAL and ____________________________________________________________________ (Name of Surety) as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of The Colony(OWNER), in the penal sum of _____________________________ and ___________/100 Dollars ($_______________) for the payment whereof, the said PRINCIPAL and SURETY bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the PRINCIPAL has entered into a certain written contract with the OWNER, for _______________________________________________________________________________ (Name of Project) which contract is hereby referred to and made part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said PRINCIPAL shall faithfully perform the said contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the PRINCIPAL to be observed and performed, and according to the true intent and meaning of said contract and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect: “PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions as amended and all liabilities on this bond shall be determined at length herein.” SURETY, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the scope of work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bonds, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. 174 PERFORMANCE BOND CONT. IN WITNESS WHEREOF, the said PRINCIPAL and SURETY have signed and sealed this instrument this __________ day of ___________________________ 20_________. PRINCIPAL: SURETY: Name of Contractor Name of Surety Signature Signature Printed Name and Title Printed Name and Title Address Address City, State, Zip City, State, Zip The name, address and phone number of the Resident Agent of Surety is: 175 PAYMENT BOND BOND NO. STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF DENTON § THAT __________________________________________________________________ (Name of Contractor) of ____________________ (City), ____________________ County, State of __________________, as PRINCIPAL and ____________________________________________________________________ (Name of Surety) as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Irving (OWNER), in the penal sum of _____________________________ and ___________/100 Dollars ($_______________) for the payment whereof, the said PRINCIPAL and SURETY bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the PRINCIPAL has entered into a certain written contract with the OWNER, for _______________________________________________________________________________ (Name of Project) which contract is hereby referred to and made part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said PRINCIPAL shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect: “PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions as amended and all liabilities on this bond shall be determined at length herein.” SURETY, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. 176 PAYMENT BOND CONT IN WITNESS WHEREOF, the said PRINCIPAL and SURETY have signed and sealed this instrument this __________ day of ___________________________ 20_________. PRINCIPAL: SURETY: Name of Contractor Name of Surety Signature Signature Printed Name and Title Printed Name and Title Address Address City, State, Zip City, State, Zip The name, address and phone number of the Resident Agent of Surety is: 177 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2021 – _______ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING THE CITY MANAGER TO ACCEPT THE BID FROM SYDAPTIC, INC., FOR CONSTRUCTION TO INSTALL A NEW JAIL CONTROL INTEGRATED SYSTEM FOR THE POLICE DEPARTMENT; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to accept a bid from Sydaptic, Inc., in the amount of $157,259.00 for construction services in the Police Department for the installation of a new jail control integrated system. Section 2. That the City Manager or his designee is authorized to accept the bid. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS THE 19TH DAY OF OCTOBER 2021. ______________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeff Moore, City Attorney 178 Agenda Item No:5.4 CITY COUNCIL Agenda Item Report Meeting Date: October 19, 2021 Submitted by: Brent Brown Submitting Department: Police Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute the purchase of 10 new police vehicles from Siddons-Martin in the amount of $300,000.00 from the Operations Budget and $320,000.00 from the Capital Outlay Fund. (Coulon) Suggested Action: Any remaining funds from this account will be used for equipment in the “new to fleet” units. We are purchasing the following vehicles : from the Capital Outlay funds Budget:320,000.00 Account # 895-675-6630 Project # 2207 Siddons _ Martin Upfitting 2015 LS Tahoe $15,172.71 Up-fitting #813 2022 Chief Tahoe $54,680.00 Replacing #803 2022 F150 $48,021.00 Replacing #810 2022 Patrol Tahoe $61,708.00 Replacing #831 2022 Patrol Tahoe $61,708.00 Replacing #834 2022 Patrol Tahoe $61,708.00 Replacing #849 Additionally, we are purchasing the following that will come out of the operations budget ( #100-675-6630), per Gwen in finance. Budget: $300,000.00 Siddons-Martin 2022 Patrol Tahoe $60,228.00 #862 2022 Patrol Tahoe $60,228.00 Replacing # 805 2022 Patrol Tahoe $60,228.00 Replacing # 848 CID 2022 F150 $44,430.00 #852 CID 2022 F150 $44,430.00 #855 Attachments: Res. 2021-xxx Siddons Martin Emergency LLC - Police Department Purchase Order.docx 179 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2021 - _______ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING THE CITY MANAGER TO ISSUEAPURCHASE ORDER TOSIDDONS MARTIN EMERGENCY GROUP, LLC, FOR THE PURCHASE OF TEN (10) VEHICLES FOR THE POLICE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to issue a purchase order to Siddons Martin Emergency, LLC., in the amount of $300,000.00 from the Operations Budget and $320,000.00 from the Capital Outlay Fund for the purchase of ten (10) vehicles for the police department. Section 2. That the City Manager or his designee authorized to issue said purchase order. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 19TH DAY OF OCTOBER 2021. ________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: __________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: __________________________________ Jeff Moore, City Attorney 180 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: October 19, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Council shall convene into a closed executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property. Suggested Action: Attachments: 181 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: October 19, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Any action as a result of executive session regarding commercial or financial information the city has received from a business prospect(s). Suggested Action: Attachments: 182