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Home My WebLink About2022 0201Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: February 1, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Congratulatory proclamation for outgoing LISD superintendent Kevin Rogers. (Mayor) Suggested Action: Attachments: 4 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: February 1, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 5 Agenda Item No:1.7 CITY COUNCIL Agenda Item Report Meeting Date: February 1, 2022 Submitted by: Lindsey Stansell Submitting Department: Parks & Recreation Item Type: Announcement Agenda Section: Subject: Receive presentation from Parks and Recreation regarding upcoming events and activities. Suggested Action: Attachments: 6 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: February 1, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Council to provide direction to staff regarding future agenda items. (Council) Suggested Action: Attachments: 7 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: February 1, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes for January 18, 2022. (Stewart) Suggested Action: Attachments: January 18, 2022 DRAFT Minutes.docx 8 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 JANUARY 18, 2022 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:30 p.m. on the 18 th day of January 2022, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer, Mayor Judy Ensweiler, Councilmember Robyn Holtz, Councilmember Brian Wade, Councilmember David Terre, Councilmember Perry Schrag, Councilmember Joel Marks, Councilmember Present Present Present Present Present Absent (Personal) Present And with 6 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 Boyer called the meeting to order at 6:30 p.m. 1.2 Invocation Pastor Zeke Trezevant with Faith, Hope and Love Fellowship 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 1.6 Receive presentation from the Library regarding upcoming events and activities. Library Director, Megan Charters, provided upcoming events and activities to the Council. Mayor Boyer recognized Deputy City Manager Joe Perez on a recent accomplishment. On Saturday, January 15th, Mr. Perez along with his dance partner, Kenya Lockett of Denton ISD, were crowned Champions of “Dancing with Our Stars” at the United Way of Denton County 10th Annual UNITED Tribute Gala. The gala raised over $230,000 to reach an impressive 10-year milestone 9 City Council – Regular Meeting Agenda January 18, 2022 Page| 2 surpassing $1 million raised for United Way of Denton County to improve and transform lives across Denton County. 2.0 CITIZEN INPUT None. 3.0 WORK SESSION 3.1 Council to provide direction to staff regarding future agenda items. None 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda- Marks; second by Ensweiler, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes for January 4, 2022 and Special Session Meeting Minutes for January 10, 2022. Motion to approve City Council Regular Session meeting minutes for January 4, 2022 and the amendment to the Special Session meeting minutes for January 10, 2022 to read Jenna Nowlin to Place 7 instead of Place 4- Wade; seconded by Ensweiler. Ayes: Boyer, Ensweiler, Holtz, Wade, Terre, Marks Absents: Schrag, 4.2 Consider accepting Jennifer Simmons resignation from the Keep The Colony Beautiful Board. 4.3 Consider approving a resolution authorizing the City Manager to execute a renewal contract for services with Tod-Co Consultative Services to provide assistance in the development of a Hotel/Convention Center. Motion to Approve the amendment in the compensation to read February 26, 2022 and extends to January 28, 2023- Wade; seconded by Ensweiler Ayes: Boyer, Ensweiler, Holtz, Wade, Terre, Marks Absents: Schrag Summary: 6 Yeas; 0 Nays; 0 Abstains; 1 Absent. RESOLUTION NO. 2022-003 10 City Council – Regular Meeting Agenda January 18, 2022 Page| 3 4.4 Consider approving a resolution authorizing the City Manager to execute a renewal contract for an LPGA consultant and Event Coordinator Liaison. RESOLUTION NO. 2022-004 4.5 Consider approving a resolution authorizing the Mayor to amend the authorized representative to Texpool. RESOLUTION NO. 2022-005 4.6 Consider approving a resolution authorizing the City Manager to execute a professional services agreement with Infinity Lawn and Landscape, LLC for the purpose of contractual services throughout the city. RESOLUTION NO. 2022-006 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider an ordinance regarding a request for a Site Plan to allow the construction of Fire Station No. 5 on an approximately 3.429-acre tract of land located south of the intersection of Lebanon Road and Scotty’s Lake Lane within Planned Development 18 (PD 18) aka the Tribute Planned Development Zoning District. Motion to Approve - Terre; seconded by Wade Ayes: Boyer, Ensweiler, Holtz, Wade, Terre, Marks Absents: Schrag Summary: 6 Yeas; 0 Nays; 0 Abstains; 1 Absent. ORDINANCE NO. 2022-2458 5.2 Discuss and consider an ordinance regarding a Site Plan application for the Live Oak Logistics Center Phase IIB, a multi-building commercial development located on two tracts of land totaling approximately 26.26 acres, located west of the northwest intersection of Live Oak Drive and Memorial Drive, within the Planned Development 19 (PD 19) and Gateway Overlay District. Senior Planner, Isaac Williams, presented the proposed ordinance to Council. Mr. Williams stated the applicant requests the intent to develop the second and final 11 City Council – Regular Meeting Agenda January 18, 2022 Page| 4 portion of the second Phase of a multi-building commercial development. He addressed landscaping, parking, site lighting and building elevations of the property. The Development Review Committee finds that the proposed site plan is consistent with the approved concept plan of Planned Development (PD-19) and meets the requirements of Zoning Ordinance. On December 28, 2021, the Planning and Zoning Commission voted (6-0) to approve the proposed site plan. Motion to Approve- Marks; seconded by Wade Ayes: Boyer, Ensweiler, Holtz, Wade, Terre, Marks Summary: 6 Yeas; 0 Nays; 0 Abstains; 1 Absent. 5.3 Conduct a first public hearing and discuss an ordinance Readopting, Ratifying, Republishing and Extending Chapter 13, Article III, Sections 13-31 through 13-37 of the Code of Ordinances regarding Curfew Hours for Minors. Police Chief, David Coulon, presented the proposed ordinance to Council. The public hearing opened and closed at 7:06 p.m. with no speakers. 5.4 Discuss formation of a committee to review and make recommendations to Council regarding the boundaries of the single member Council districts. Mayor and council provided discussion on this item. Mayor appointed council members Schrag and Holtz to the committee as co-chairs. Council members not appointed are to provide the city secretary by the January with one person from the community to serve on the committee. The committee will begin meeting in February to discuss districts 3, 4, 5 and 6 boundary formations. The committee will bring back to council a proposed map by May or June for approval. Executive Session was convened at 7:21 p.m. 6.0 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Section 551.087 of the Texas Government Code to deliberate 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 7:53 p.m. 7.0 EXECUTIVE SESSION ACTION 12 City Council – Regular Meeting Agenda January 18, 2022 Page| 5 7.1 A. 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 7:54 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony ATTEST: _______________________________ Tina Stewart, TRMC, CMC City Secretary 13 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: February 1, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a renewal contract for services and designating the as Dallas Morning News as the city's official newspaper. (Stewart) Suggested Action: Attachments: DMN City of The Colony Contract Renewal.pdf Res. 2022-xxx Dallas Morning News Official Newspaper.doc 14 15 16 17 18 19 20 21 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - ______ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, DESIGNATING THE DALLAS MORNING NEWS, AS THE OFFICIAL NEWSPAPER FOR THE CITY; PROVIDING AN EFFECTIVE DATE WHEREAS, the Texas Local Government Code, Section 52.004, requires the governing body of a municipality to annually designate a public newspaper of the city as the official newspaper for official publications; and WHEREAS,The Colony City Council finds that the Dallas Morning News is a publication that meets the criteria legally required of an officially designated newspaper as stated by the Texas Government Code Section 2051.044. 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 designates the Dallas Morning News as the official newspaper of the City of The Colony for publication of ordinances, public notices and other matters required by the state law. Section 2.The City Manager is hereby authorized to execute a contract with the Dallas Morning News for the period of March 1, 2022 through February 28, 2023. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 1st day of February 2022. ______________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeff Moore, City Attorney 22 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: February 1, 2022 Submitted by: Eve Morgan Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute an agreement with Texas Parks and Wildlife Department (TPWD) accepting a Local Park Grant, in the amount of $400,000.00 for the development of West Shore Park with funding provided by the Community Development Corporation (CDC). (Morgan) Suggested Action: Attachments: TPWD Project Financial Summary.pdf GrantProgramAgreement.pdf TPWD grant contract.pdf Res. 2022-xxx Grant Application to TPWD.docx 23 Financial Summary: Are budgeted funds available? ☒ Yes ☐ No Amount budgeted/available: $ 400,000.00 Source for Funding: Texas Parks and Wildlife Department (TPWD) Grant Funds $ 400,000.00 Community Development Corporation (CDC) Funds – 50% match $ 400,000.00 Total TPWD and CDC Funds $ 800,000.00 Total estimated project cost: $ 800,000.00 Total Estimated Costs 24 Recreation Grant Agreement Federal Sub-Award TPWD P.O. Number: CA-0002616 Project Number: 48-001199 Sponsor Name: City of The Colony Project Name: West Shore Park Federal Award Identification Number (FAIN): P21AP12333 Sponsor Unique Entity Identifier: 016215873 Catalogue of Federal Domestic Assistance Number (CFDA): 15.916 Agreement Term / Period of Performance: 04/27/2021 - 06/30/2024 Federal Share: $400,000.00 Sponsor Share: $400,000.00 Total Project Cost: $800,000.00 SECTION 1 - PROJECT DESCRIPTION AND LOCATION This subaward agreement (Grant Agreement) is entered into by the Texas Parks and Wildlife Department (Department), and the City of The Colony (Sponsor). This sub-award is funded through Land and Water Conservation Fund - National Park Service issued to the Department on 04/27/2021 The scope of this Grant Agreement includes: City of The Colony proposes to develop a neighborhood park with an all-abilities playground and shade structures, group shelter/pavilion, picnic area with amenities, native landscaping, paved parking area, walkways, and signage at the West Shore Park, as described in the project proposal. This sub-award is not for research and development. SECTION 2 - SPECIAL CONDITIONS APPLICABLE TO THIS AGREEMENT This project received a Waiver of Retroactivity (WOR) to begin work on April 27, 2021. All work described in this agreement will be completed by the subrecipient by September 30, 2024. SECTION 3 - PRE-AWARD INCURRENCE OF COSTS The project will involve pre-planning professional services in the form of engineering and design with a pre- agreement date of 11/05/2019. SECTION 4 - APPROVED INDIRECT COST RATE N/A City of The Colony-West Shore Park 1 25 SECTION 5 - KEY OFFICIALS Key officials are essential to ensure maximum coordination and communications between the parties and the work being performed. They are: FOR TEXAS PARKS AND WILDLIFE DEPARTMENT: Dana Lagarde Director of Recreation Grants 4200 Smith School Road Austin, Texas 78744 (512)389-8224 Dana.Lagarde@tpwd.texas.gov Grant Manager: Dan Reece Recreation Grants Branch 4200 Smith School Road Austin, Texas 78744 (512) 389-8224 dan.reece@tpwd.texas.gov Grant Coordinator: Dan Reece Recreation Grants Branch 4200 Smith School Road Austin, Texas 78744 (512) 389-8224 dan.reece@tpwd.texas.gov FOR PROJECT SPONSOR: Official Point of Contact Pam Nelson Director Community Services 5151 N. Colony Blvd. The Colony, Texas, 75056 (972) 624-3958 pnelson@thecolonytx.gov Project Coordinator Eve Morgan Park Development Manager 5151 N. Colony Blvd. The Colony, Texas, 75056 (972) 624-3956 emorgan@thecolonytx.gov Fiscal Contact Eve Morgan Park Development Manager 5151 N. Colony Blvd. The Colony, Texas, 75056 (972) 624-3956 emorgan@thecolonytx.gov City of The Colony-West Shore Park 2 26 SECTION 6 - AWARD AND PAYMENT A.The Department will provide funding to the Sponsor in an amount not to exceed $400,000.00 for the project described under Project Description and Location above and in accordance with the Department-approved budget summary attached. B.The Sponsor shall obtain prior approval from the Department for budget and program revisions, and shall request reimbursement via payment in accordance with the most current version of the Instructions for Approved Projects Recreation Grant Programs on form PWD BK P4000-1146. C.In order to receive a financial assistance award and to ensure proper payment, it is required that Sponsor maintain their registration with the System for Award Management (SAM), accessed at http://www.sam.gov. Failure to maintain registration can impact obligations and payments under this Grant Agreement and/or any other financial assistance or procurement documents the Sponsor may have with the Federal government. D.Expenses charged against awards under the Grant Agreement, unless approved in Section 3, may not be incurred prior to the beginning of the Grant Agreement and may be incurred only as necessary to carry out the approved objectives, scope of work and budget with prior approval from the Department Key Officials. The Sponsor shall not incur costs or obligate funds for any purpose pertaining to the operation of the project, program, or activities beyond the expiration date stipulated in the award. E.Indirect costs will not be allowable charges against the award unless specifically included as a line item in the approved budget incorporated into the award. F.The Sponsor must meet their cost share commitment over the life of the award, as specified in section 2 of this agreement. Non-federal cost-share is required for costs incurred under this Grant Agreement. SECTION 7 - MODIFICATION, REMEDIES FOR NON-COMPLIANCE TERMINATION A.This Agreement may be modified only by a written instrument executed by the parties. Modifications will be in writing and approved by the Department and the authorized representative of Sponsor. B.Additional conditions may be imposed by the Department if it is determined that the Sponsor is non– compliant with the terms and conditions of this agreement. C.The Department may suspend program assistance under the project pending corrective action by the Sponsor or pending a decision to terminate the grant by the Department. D.The Sponsor may unilaterally terminate the project prior to the first payment on the project or within 90 days of the TPWD Approval Date, whichever occurs earlier. After the initial payment, the project may be terminated, modified, or amended by the Sponsor only by agreement with the Department. E.The Department may terminate the project in whole, or in part, at any time before the date of completion, whenever it is determined that the Sponsor has failed to comply with the conditions of the grant. The Department will promptly notify the Sponsor in writing of the determination and the reasons for termination, together with the effective date. Payments made to the Sponsor or recoveries by the Department under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. F.The Department or Sponsor may terminate grants in whole, or in part, at any time before the date of completion, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portions to be terminated. The Sponsor shall not incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as possible. The Department may allow full credit to the Sponsor for the State/Federal share of the non-cancelable obligations, property incurred by the Sponsor, pending written receipt of the determination and the reasons for termination, together with the effective date. Payments made to the Sponsor or recoveries by the Department under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. City of The Colony-West Shore Park 3 27 G.Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the Sponsor and the Department, or that all funds provided by the Department be returned. H.If the Sponsor does not comply with provisions as set forth in the grant agreement and the Recreation Grants Manual regarding both active project compliance and compliance at previously assisted grant sites, the following actions may be taken: 1.The Department may withhold payment to the Sponsor; 2.The Department may withhold action on pending projects proposed by the Sponsor SECTION 8 - CLOSEOUT Sponsor will follow closeout procedures in the Instructions for Approved Projects Recreation Grant Programs PWD BK P4000-1146. SECTION 9 - TERMS OF ACCEPTANCE By accepting funds under this grant, the Sponsor agrees to comply with the terms and conditions of this Grant Agreement, and the terms and conditions of all attachments that are applicable to the Sponsor. Sponsor also agrees to comply with assurances and certifications made in its approved grant application submitted via Recreation Grants Online, and applicable federal statutes, regulations and guidelines. Sponsor agrees to fulfill the grant in accordance with the approved grant application, budgets, supporting documents, and all other representations made in support of the approved grant application. Signature Authority The person or persons signing this Grant Agreement on behalf of the Sponsor hereby warrant and guarantee that they are duly authorized by the Sponsor to execute this Grant Agreement on behalf of the Sponsor and to validly and legally bind the Sponsor to all the terms of this agreement. Entire Agreement; Modifications Must Be in Writing This Grant Agreement and each of its provisions will be binding upon the parties and may not be waived, modified, amended or altered unless with prior written approval by both parties. Venue; Governing Law This Grant Agreement shall be governed by the laws of the State of Texas. The proper place of venue for suit on or in respect of the Agreement shall be Travis County. SECTION 10 – ATTACHMENTS INCORPORATED BY REFERENCE The Federal regulations titled “2 CFR, Part 200: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” are incorporated by reference into this Agreement (full text can be found at http://www.ecfr.gov) The following completed documents are attached to and made part of this Agreement: Attachment A: Budget Summary Attachment B: Project Boundary Map Attachment C: Certificate of Land Dedication TPWD Resource Review THC Review Assurances for Federal Subawards SF 424D Construction Assurances Certification Regarding Lobbying City of The Colony-West Shore Park 4 28 Instructions for Approved Projects Federal Notice of Award SECTION 11 – SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set forth below. TEXAS PARKS AND WILDLIFE DEPARTMENT Signature: Dana Lagarde Date: 01/14/2022 SAM Date/Initials: 01/06/2022 / D.R. Federal Aid Date/Initials: 01/07/2022 / A.J. City of The Colony Name: _______________________________ Title: _________________________________ Signature: _____________________________ Date: ________________________________ City of The Colony-West Shore Park 5 29 City Council Agenda Item Meeting Date: February 1, 2022 Parks & Recreation TITLE Consider approving a resolution authorizing the City Manager to execute an agreement with Texas Parks and Wildlife Department (TPWD) accepting a Local Park Grant, in the amount of $400,000.00 for the development of West Shore Park with matching funds provided by the Community Development Corporation (CDC). HISTORY City Council conducted a public hearing and approved a resolution authorizing the City Manager to submit the TPWD grant application on November 5, 2019. Staff was notified that the grant was approved at the state level in August of 2020 and the Federal level in April 2021 but did not receive the contract from the Federal Government until January 2022. The grant provides a 50/50 match for the development of West Shore Park, with $400,000.00 in funding from TPWD and the CDC providing $400,000.00 matching funds. RECOMMENDATION City staff recommend approval of resolution authorizing the City Manager to execute an agreement with Texas Parks and Wildlife Department (TPWD) accepting a Local Park Grant, in the amount of $400,000.00 for the development of West Shore Park 30 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TEXAS PARKS AND WILDLIFE DEPARTMENT (TPWD) ACCEPTING A LOCAL PARK GRANT FOR THE DEVELOPMENT OF WEST SHORE PARK WITH FUNDING PROVIDED BY THE COMMUNITY DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Council of the City of The Colony, Texas, finds and determines it is in the best interest of the City of The Colony, Texas, that the City Manager execute an agreement with the Texas Parks and Wildlife Department (TPWD) accepting a Local Park Grant for the development of the West Shore Park, located within the City of The Colony, Texas. NOW, THEREFORE, BE ITRESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT; Section 1.The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. Section 2.The City Council of the City of The Colony, Texas, does hereby authorize the City Manager to accept a local Park Grant in the amount of $400.000.00 for such work. Section 3.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 1ST DAY OF FEBRUARY 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____ Tina Stewart, TRMC, CMC, City Secretary 31 APPROVED AS TO FORM: Jeff Moore, City Attorney 32 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: February 1, 2022 Submitted by: Eve Morgan Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute an amendment of a Contractor’s Contract with Kraftsman LP for the purchase and installation of the Kids Colony Splash Park Phase 2 - Amenities through the BuyBoard Purchasing Cooperative in the amount of $174,131.68 with funding from the Community Development Corporation. (Morgan) Suggested Action: Attachments: Revised phase 2_Quote ^NQ72340-2.pdf CC Agenda support Kraftsman phase 2.pdf Kraftsman Financial Summary phase 2.pdf Kraftsman LP Amendment to the Contractors Contract.pdf Res. 2022-xxx Contractors Contract - Kraftsman LP.docx 33 Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 01/25/2022 Project: 16984 Created By: Pat Kennedy QUOTE #Q72340-2 Page 1 of 5 Quote Name: Phase 2 Splash/Shade/Fitness Equip Eve Morgan The Colony, City of 5151 North Colony Boulevard The Colony, TX 75056 972-624-3956 Percentage Completed Draws Monthly Terms: Eve Morgan 5151 North Colony Boulevard The Colony, TX 75056 The Colony, City of BILL TO SHIP TO QTY Code Description Size Weight Color Unit Price Ext. Price 972-624-3956 Kids Colony 2 - Phase III - SplashPark Kids Colony 2 - Phase III - SplashPark DISCBB Proposal includes Discount on BuyBoard Purchase, BuyBoard Contract #592-19 1 $0.00 C006 ColorCast™ Split Pea with Magic Flow™ stainless steel jet streams by Water Odyssey 1 $13,952.00 $13,952.00 W148 Schooner Splash™. By: Water Odyssey.1 $28,776.00 $28,776.008-24 W322 Cattails™, set of 3 upright features, By: Water Odyssey.1 $29,357.00 $29,357.0024 C001 ColorCast™ Spin Flower with Magic Flow™ stainless steel jet streams By Water Odyssey 1 $23,544.00 $23,544.0020-30 W400-071 Switcheroo™ series Water Flower™, embed and balance assembly. By Water Odyssey -1 $2,761.00 -$2,761.00 W600-070 Switcheroo Two™ series Water Crown™, embed and balance assembly. By Water Odyssey -1 $4,723.00 -$4,723.00 W400-036C Switcheroo™ series Baby Long Legs™, embed and balance assembly, water conserving version. By Water Odyssey -1 $2,471.00 -$2,471.00 W400-057 Switcheroo™ series Water Sprout™, embed and balance assembly. By Water Odyssey -1 $2,761.00 -$2,761.00 KSHADEUMBR ELLA Custom 20x20 hypar Umbrella Shade Canopy, 11’ eave height with glide elbows, column on base plates mounted below surface, by Superior Shade (229827) 2 $7,900.00 $15,800.00 KSHADEUMBR ELLA Custom 16x16 hypar Umbrella Shade Canopy, 9’ eave height with glide elbows, column on base plates mounted below surface, by Superior Shade (229827) 2 $5,668.00 $11,336.00 PIERS36X084 Concrete piers for pavilion & canopy columns, with anchor bolts set if required, with steel rebar reinforcement, By: Kraftsman 0 $2,984.00 $0.0036”x84” ENG622 Engineer Sealed Drawings of Shade Canopy and Foundations by Superior Shade 1 $942.00 $942.00 GR2005-1-19- SM 2-Person Sit Up Bench, surface mount by Greenfield Outdoor Fitness 1 $3,456.00 $3,456.00 GR2005-1-48- W-SM Wheelchair Accessible 2-Person Lat Pull Down, surface mount by Greenfield Outdoor Fitness 1 $6,340.00 $6,340.00 GR2005-1-91- SM Rower, surface mount by Greenfield Outdoor Fitness1 $3,110.00 $3,110.00 HP2009-5-03- SM Single Elliptical Cross Trainer, surface mount by Greenfield Outdoor Fitness 1 $4,033.00 $4,033.00 HP2009-5-07- SM 2 Person Static Combo, surface mount by Greenfield Outdoor Fitness 1 $3,340.00 $3,340.00 GR2005-1-105- SM Customizable Announcement Board, surface mount by Greenfield Outdoor Fitness 1 $2,071.00 $2,071.00 GFIELDSCHAR GE Surcharge due to volatile raw material marketplace1 $1,564.50 $1,564.50 KSHADEUMBR ELLA Custom 16x16 hypar Umbrella Shade Canopy, 9’ eave height with glide elbows, column on base plates mounted below surface, by Superior Shade (229827) 2 $5,668.00 $11,336.00 SRPSURCHGS HADE Material Surcharge on Shade by Superior Recreational Products 1 $6,547.52 $6,547.5234 Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 01/25/2022 Project: 16984 Created By: Pat Kennedy QUOTE #Q72340-2 Page 2 of 5 Quote Name: Phase 2 Splash/Shade/Fitness Equip BOND1 Performance & Payment Surety Bond, and processing of the bond documentation. 1 $5,224.00 $5,224.00 Item Subtotal:$158,013.02 $8,500.00 Tax:$0.00 ($33,668.94) Total:$174,131.68 Equipment Subtotal:$132,844.08 Install:$41,287.60 Discount: Shipping & Handling: Special Terms and Conditions These items are not included: · Finish landscaping, sodding or seeding of disturbed areas. All disturbed areas to be leveled and raked out. · Concrete lead walks or adjoining observation concrete deck areas. · Removal of existing equipment. · Storm Water Pollution Controls for project site. · Temporary security fence during construction. · Site usage signage for use instructions, rules, safety, or emergency notifications as needed or required. · site amenities. Items not included: Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts. Buy Board: Sales tax is not included in prices quoted. Customer is to supply Sales Tax Exemption or Sales Tax Resale certificate at time of acceptance of proposal, or sales tax will be added to final contract and invoicing for the project. Sales Tax Exempt: Kraftsman will supply a certificate of insurance verifying the limits of coverage. See terms page for details and charges for naming additional insured parties or adding special coverage’s if required. Insurance Terms: All work completed and materials stored as of the last day of the month shall be billed on or before the 25th of said month. Payments to be received by the 15th of the following month. Monthly Progress Billings Unless noted otherwise on quote, all shipping and handling charges on quote are firm for duration of 90 days. Shipping Charges Performance and Payment bonds are included in this quote and will be provided after a signed quote or contract is returned to Kraftsman. Maintenance Bonds are not included. Bonding Included: If Installation is purchased: Kraftsman is responsible for ensuring that adequate staff and equipment resources are available for timely off-loading, safe handling, and secure storage of equipment upon receipt from motor freight carrier of installed product shipments. Unloading of materials from the truck will potentially require material handling equipment, i.e. forklift, pallet jack(s), to properly remove equipment from the delivery truck. In Most Cases when Kraftsman is installing a project the product will be received at Kraftsman’s Warehouse and stored until needed on the project. Then transported to the site at the time of installation. Delivery and Unloading: 35 Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 01/25/2022 Project: 16984 Created By: Pat Kennedy QUOTE #Q72340-2 Page 3 of 5 Quote Name: Phase 2 Splash/Shade/Fitness Equip Installation quoted includes: Receiving and unloading of equipment, excavation of required footings, assembly of structure, concrete for footings, and all equipment necessary for installation. Installation: Allow 2 to 4 weeks for preparation of plans, drawings, and submittals after acceptance of proposal provided that the following has been completed and approved by the customer: · Project product submittals reviewed, approved and returned. · Completed Color selection sheet (signed and dated) · Physical project address · All contact names and phone numbers · Exemption certificate · Deposit per contract Allow adequate time for processing and procuring construction permits if required. Allow approximately 3 to 6 weeks for project completion upon equipment delivery from manufacturer, issuance of building permits if required, weather permitting. Project Completion: Pier sizes and prices quoted are subject to final engineering review and may change upon soils reports and engineering being completed. Any additional charges will be presented for approval prior to starting construction. Pier Sizes Quoted: Fabric Shade Canopies are designed to withstand normal wind loads and weather conditions, and will provide years of sun, heat, hail & UV protection with minimal maintenance. Warranties shall be void if damage to or failure to the shade structure is caused by contact with chemical, misuse, vandalism, fireworks or acts of God, including but not limited to, ice, snow or wind in excess of the applicable building code parameters. All fabric tops are warranted for sustained winds up to 76 mph and for gusts of up to 3 seconds duration up to 90 mph with no snow or ice accumulation. Damage caused by flying debris is not covered. Fabric is not warranted where it is installed on a structure that is not engineered or built by the manufacturer. Care, Maintenance, and Warranties of Canopies: Fabric Shade Canopy warranties do not cover natural disasters, such as earthquakes, shifts in terrain or tornados. If the structure is installed in an area exposed to hurricanes, removal of the shade fabric is required when a hurricane warning is issued. Structures are warranted for winds up to 145 mph, only if the shade canopy fabric has been removed as per requirements by the manufacturer. Care must be taken during removal of canopies so as not to damage the fabric or connection points and hardware. Contact Kraftsman or the manufacturer of the canopy if there are questions in regards to proper removal and reinstallation processes and procedures. Acts of Nature: Lead Times are after approval of all Initial submittal info and colors. Shade Canopies with engineer sealed drawings - the lead time for the shade canopy to ship is 12-14 weeks from when the order is placed with the manufacturer. Greenfields Outdoor Fitness - lead time for items to ship is 6 to 8 weeks from when the order is placed with the manufacturer. Lead Times: 36 Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 01/25/2022 Project: 16984 Created By: Pat Kennedy QUOTE #Q72340-2 Page 4 of 5 Quote Name: Phase 2 Splash/Shade/Fitness Equip Each Party shall be excused from liability for the failure or delay in performance of any obligation under this Agreement (other than failure to make payment when due) by reason of any event beyond such Party’s reasonable control including but not limited to Acts of God, fire, flood, explosion, earthquake, pandemic flu, or other natural forces, governmental orders or directives, war, civil unrest, acts of terrorism, accident, destruction or other casualty, any lack or failure of transportation facilities, any lack or failure of supply of raw materials, or any other event similar to those enumerated above. Such excuse from liability shall be effective only to the extent and duration of the event(s) causing the failure or delay in performance and provided that the Party has not caused such event(s) to occur. Notice of a Party’s failure or delay in performance due to force majeure must be given to the other Party within (20) days after its occurrence has become identified by the Party. All delivery dates under this Agreement that have been affected by force majeure shall be tolled for the duration of such force majeure. In no event shall any Party be required to prevent or settle any labor disturbance or dispute, or to act outside of compliance with governmental orders or directives. Force Majeure: 37 Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 01/25/2022 Project: 16984 Created By: Pat Kennedy QUOTE #Q72340-2 Page 5 of 5 Quote Name: Phase 2 Splash/Shade/Fitness Equip PO#: CONDITIONS OF SALE 1.Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the contract. 2.No returns of merchandise will be accepted unless previously authorized in writing by Kraftsman. All returns are subject to restocking fee of 25% plus freight charges incurred for return to original shipment origination. 3.Title for all equipment is reserved by Kraftsman Commercial Playgrounds and Water Parks until payment in full is received. The right to enter the property and repossess said equipment is hereby granted to Kraftsman Commercial Playgrounds and Water Parks if payment is not rendered in accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to Kraftsman Commercial Playgrounds and Water Parks as cost incurred to recover the equipment. Repossession of product does not waive any damages or costs due as awarded by the court. 4.All collections or litigation concerning this contract shall be governed by the laws of the State of Texas, with venue in Harris County. 5.Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and workmanship. See catalogs or attached drawings for specific layouts, warranties, and specifications. 6.Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors. 7.A service charge of 1.5% per month will be assessed on all past due amounts. 8.Payments to Kraftsman by credit card will incur a processing fee of 4% for Visa and MasterCard, and 6% for American Express 9.Installation services include all labor, equipment required to complete the job, and insurance coverage’s as required by law. Extra installation charges will incur for abnormal sub surfaces, ie. rock, landfill, etc. Price quoted includes Kraftsman’s standard insurance coverages of $2 million in General Liability & Completed operations, $1 million in Automobile Liability, $1 million per occurrence/$2 aggregate in Workman’s Compensation. Any charges by Kraftsman’s insurance carrier or agents for adding General Contractor or Owner as additional insured, waivers of subrogation, or changes to standard coverage shall be added to contract charges. No performance bond or labor and material payment bonds shall be provided by Kraftsman, unless listed as individual line item in proposal. 10.Kraftsman Commercial Playgrounds and Water Parks is not liable for damages to underground utilities, and irrigations systems during installation. It is the customers responsibility to locate all underground utilities. 11.Building permits required by local or state authorities & municipalities are not included and are the responsibility of the owner of the property, unless specifically included as a line item in the proposal. If you want Kraftsman to handle required permitting please contact our office and we will provide a quote if not included as a line item within this proposal. 12.This proposal may be withdrawn by Kraftsman if not accepted within thirty (30) days. WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY & FITNESS EQUIPMENT Thank You! We Appreciate Your Business! Respectfully Submitted Pat Kennedy Acceptance of Proposal: The prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. If contract is placed with an attorney for suit or collection through probate, bankruptcy or other legal proceedings, customer agrees to pay all expenses and reasonable attorney fees incurred. Any verbal instructions, agreements, or promises are not valid unless written as part of this contract. Authorized Signature Authorized Signature Date of Acceptance January 25, 2022 Date Printed Name & Title Printed Name & Title General Terms and Conditions The Colony, City of Ship To: The Colony, City of Bill To: Percentage Completed Draws Terms: 38 City Council Agenda Item Meeting Date: February 1, 2021 Parks and Recreation TITLE Consider approving a resolution authorizing the City Manager to execute an Amendment of Contractor’s Contract with Kraftsman LP for the purchase and installation of the Kids Colony Splash Park Phase 2 - Amenities through the BuyBoard Purchasing Cooperative in the amount of $174,131.68 with funding from the Community Development Corporation. PURPOSE Construction on Phase 1 of the splash park continues and plans for Phase 2 are nearing completion. The goal is to streamline the two Phases so that Phase 1 will flow into Phase 2. For this to be accomplished, the amenities that have longer lead times need to be ordered so that they can be manufactured and ready for installation when needed. Lead time for the various items can be as much as 14 weeks. The attached quote is specifically for those items, which include vertical splash elements, outdoor exercise equipment and additional shade structures adjacent to the splash deck and the outdoor exercise area. The purchase of the amenities is less than 25% of the current contract with Kraftsman, which is allowable per the City’s Purchasing Policy. Additional Phase 2 elements will include a parking lot, concrete flatwork and a pre-fabricated restroom. Those items will be brought to Council under separate contracts. Funding for this project was approved in the Community Development Corporation FY2021/2022 budget. RECOMMENDATION Staff recommends approval of an Amendment of Contractor’s Contract with Kraftsman LP in the amount of $174,131.68 for the purchase and installation of the Kids Colony Splash Park Phase 2 - Amenities. 39 Financial Summary: Are budgeted funds available? ☒ Yes ☐ No Amount budgeted/available for Kids Colony Splash Park Phase 2: $ 875,000.00 Quote for: Splash park vertical elements, outdoor exercise equipment, additional shade structures with funding from Kids Colony Splash Park Phase 2 project funding: $ 174,131.68 Original Kraftsman LP contract amount: $ 824,983.12 25% of existing contract; allowed by City Purchasing Policy $ 204,245.78 Total cost for amenities and installation: $ 175,131.68 Total Costs 40 Kids Colony Splash Park – CA#1 - Contract STATE OF TEXAS ) COUNTY OF DENTON ) AMENDMENT OF CONTRACTOR’S CONTRACT THIS agreement is by and between the City of The Colony, Texas, a Texas home rule municipality, and Kraftsman, LP herein know as Contractor, a Texas Corporation and construction firm, with principal office located in the state of Texas. WHEREAS, the City and Contractor have entered into an agreement such that the Contractor is to provide the following services: Kids Colony Splash Park Phase I. WHEREAS, the above referenced agreement provides that if there is a change in scope or focus of the activities in the contract, or if it is necessary for the Contractor to do additional work such that there is a significant additional cost or expense to the City, it is necessary for the City to approve such work and/or for the parties to change the contract; WHEREAS, the parties recognize that it is necessary for Contractor to do additional or reduced work under the contract, such work which is set out in the attached Exhibit “A”, which is attached hereto and incorporated herein as if set out in full herein; and WHEREAS, with this Contract Amendment the City of The Colony is hereby approving such additional work and agreeing to increase the contract amount by the sum of $174,131.68. NOW, THEREFORE, for and in consideration of the mutual acts and covenants set out herein, the parties agree as follows: 1. Contractor, in addition to the work to be performed in the Contract dated February 2, 2021 shall perform the task(s) described in the attached Exhibit “A”, basically described as additional services including purchase and installation of splash park amenities, outdoor recreation equipment and shade structures for the Kids Colony Splash Park. 2. The amount to be paid to Kraftsman LP under such contract shall be increased by the sum of $174,131.68, to reflect the work described in Exhibit “A”. 3. This shall constitute an Authorization for a Change in Work as set out in the agreement between the parties, and an amendment to such contract. All of the terms and conditions of this original contract shall remain in full force and effect, as amended hereto, unless set out otherwise herein. 41 Kids Colony Splash Park – CA#1 - Contract Signed and effective on this the __________ day of February, 2022. CITY OF THE COLONY, TEXAS By: _________________________________________ Printed Name: ________________________________ Title: ________________________________________ ATTEST: ____________________________________________ CITY SECRETARY Kraftsman LP, CONTRACTOR By: _________________________________________ Printed Name: ________________________________ 42 Kids Colony Splash Park – CA#1 - Contract CITY OF THE COLONY DENTON COUNTY, TEXAS PARKS AND RECREATION DEPARTMENT KIDS COLONY SPLASH PARK CONTRACT AMENDMENT FORM – EXHIBIT “A” DATE: January 25, 2022 Contract Amendment No. 1 to the Contract Dated February 2, 2021 between the City of The colony (Owner) and Kraftsman LP for Purchase and Installation of Amenities for the Splash Park, including: vertical splash elements, shade canopies and outdoor exercise equipment at Kids Colony Park. Pursuant to the provisions of Section 2, Page I-40, Article 8.14 of the Contract Documents, this Supplemental Agreement, when fully executed, shall constitute the authority to change the work of the project as follows, including quantities and total dollars: Contract Amendment Explanation: To proceed with the second phase of the project, the City elected to add the purchase and installation of amenities to the Kids Colony Splash Park Project to this contract. Add the Following Bid Items: Kraftsman LP BuyBoard Quote #Q72340-2 ATTACHED 43 Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 01/25/2022 Project: 16984 Created By: Pat Kennedy QUOTE #Q72340-2 Page 1 of 5 Quote Name: Phase 2 Splash/Shade/Fitness Equip Eve Morgan The Colony, City of 5151 North Colony Boulevard The Colony, TX 75056 972-624-3956 Percentage Completed Draws Monthly Terms: Eve Morgan 5151 North Colony Boulevard The Colony, TX 75056 The Colony, City of BILL TO SHIP TO QTY Code Description Size Weight Color Unit Price Ext. Price 972-624-3956 Kids Colony 2 - Phase III - SplashPark Kids Colony 2 - Phase III - SplashPark DISCBB Proposal includes Discount on BuyBoard Purchase, BuyBoard Contract #592-19 1 $0.00 C006 ColorCast™ Split Pea with Magic Flow™ stainless steel jet streams by Water Odyssey 1 $13,952.00 $13,952.00 W148 Schooner Splash™. By: Water Odyssey.1 $28,776.00 $28,776.008-24 W322 Cattails™, set of 3 upright features, By: Water Odyssey.1 $29,357.00 $29,357.0024 C001 ColorCast™ Spin Flower with Magic Flow™ stainless steel jet streams By Water Odyssey 1 $23,544.00 $23,544.0020-30 W400-071 Switcheroo™ series Water Flower™, embed and balance assembly. By Water Odyssey -1 $2,761.00 -$2,761.00 W600-070 Switcheroo Two™ series Water Crown™, embed and balance assembly. By Water Odyssey -1 $4,723.00 -$4,723.00 W400-036C Switcheroo™ series Baby Long Legs™, embed and balance assembly, water conserving version. By Water Odyssey -1 $2,471.00 -$2,471.00 W400-057 Switcheroo™ series Water Sprout™, embed and balance assembly. By Water Odyssey -1 $2,761.00 -$2,761.00 KSHADEUMBR ELLA Custom 20x20 hypar Umbrella Shade Canopy, 11’ eave height with glide elbows, column on base plates mounted below surface, by Superior Shade (229827) 2 $7,900.00 $15,800.00 KSHADEUMBR ELLA Custom 16x16 hypar Umbrella Shade Canopy, 9’ eave height with glide elbows, column on base plates mounted below surface, by Superior Shade (229827) 2 $5,668.00 $11,336.00 PIERS36X084 Concrete piers for pavilion & canopy columns, with anchor bolts set if required, with steel rebar reinforcement, By: Kraftsman 0 $2,984.00 $0.0036”x84” ENG622 Engineer Sealed Drawings of Shade Canopy and Foundations by Superior Shade 1 $942.00 $942.00 GR2005-1-19- SM 2-Person Sit Up Bench, surface mount by Greenfield Outdoor Fitness 1 $3,456.00 $3,456.00 GR2005-1-48- W-SM Wheelchair Accessible 2-Person Lat Pull Down, surface mount by Greenfield Outdoor Fitness 1 $6,340.00 $6,340.00 GR2005-1-91- SM Rower, surface mount by Greenfield Outdoor Fitness1 $3,110.00 $3,110.00 HP2009-5-03- SM Single Elliptical Cross Trainer, surface mount by Greenfield Outdoor Fitness 1 $4,033.00 $4,033.00 HP2009-5-07- SM 2 Person Static Combo, surface mount by Greenfield Outdoor Fitness 1 $3,340.00 $3,340.00 GR2005-1-105- SM Customizable Announcement Board, surface mount by Greenfield Outdoor Fitness 1 $2,071.00 $2,071.00 GFIELDSCHAR GE Surcharge due to volatile raw material marketplace1 $1,564.50 $1,564.50 KSHADEUMBR ELLA Custom 16x16 hypar Umbrella Shade Canopy, 9’ eave height with glide elbows, column on base plates mounted below surface, by Superior Shade (229827) 2 $5,668.00 $11,336.00 SRPSURCHGS HADE Material Surcharge on Shade by Superior Recreational Products 1 $6,547.52 $6,547.5244 Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 01/25/2022 Project: 16984 Created By: Pat Kennedy QUOTE #Q72340-2 Page 2 of 5 Quote Name: Phase 2 Splash/Shade/Fitness Equip BOND1 Performance & Payment Surety Bond, and processing of the bond documentation. 1 $5,224.00 $5,224.00 Item Subtotal:$158,013.02 $8,500.00 Tax:$0.00 ($33,668.94) Total:$174,131.68 Equipment Subtotal:$132,844.08 Install:$41,287.60 Discount: Shipping & Handling: Special Terms and Conditions These items are not included: · Finish landscaping, sodding or seeding of disturbed areas. All disturbed areas to be leveled and raked out. · Concrete lead walks or adjoining observation concrete deck areas. · Removal of existing equipment. · Storm Water Pollution Controls for project site. · Temporary security fence during construction. · Site usage signage for use instructions, rules, safety, or emergency notifications as needed or required. · site amenities. Items not included: Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts. Buy Board: Sales tax is not included in prices quoted. Customer is to supply Sales Tax Exemption or Sales Tax Resale certificate at time of acceptance of proposal, or sales tax will be added to final contract and invoicing for the project. Sales Tax Exempt: Kraftsman will supply a certificate of insurance verifying the limits of coverage. See terms page for details and charges for naming additional insured parties or adding special coverage’s if required. Insurance Terms: All work completed and materials stored as of the last day of the month shall be billed on or before the 25th of said month. Payments to be received by the 15th of the following month. Monthly Progress Billings Unless noted otherwise on quote, all shipping and handling charges on quote are firm for duration of 90 days. Shipping Charges Performance and Payment bonds are included in this quote and will be provided after a signed quote or contract is returned to Kraftsman. Maintenance Bonds are not included. Bonding Included: If Installation is purchased: Kraftsman is responsible for ensuring that adequate staff and equipment resources are available for timely off-loading, safe handling, and secure storage of equipment upon receipt from motor freight carrier of installed product shipments. Unloading of materials from the truck will potentially require material handling equipment, i.e. forklift, pallet jack(s), to properly remove equipment from the delivery truck. In Most Cases when Kraftsman is installing a project the product will be received at Kraftsman’s Warehouse and stored until needed on the project. Then transported to the site at the time of installation. Delivery and Unloading: 45 Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 01/25/2022 Project: 16984 Created By: Pat Kennedy QUOTE #Q72340-2 Page 3 of 5 Quote Name: Phase 2 Splash/Shade/Fitness Equip Installation quoted includes: Receiving and unloading of equipment, excavation of required footings, assembly of structure, concrete for footings, and all equipment necessary for installation. Installation: Allow 2 to 4 weeks for preparation of plans, drawings, and submittals after acceptance of proposal provided that the following has been completed and approved by the customer: · Project product submittals reviewed, approved and returned. · Completed Color selection sheet (signed and dated) · Physical project address · All contact names and phone numbers · Exemption certificate · Deposit per contract Allow adequate time for processing and procuring construction permits if required. Allow approximately 3 to 6 weeks for project completion upon equipment delivery from manufacturer, issuance of building permits if required, weather permitting. Project Completion: Pier sizes and prices quoted are subject to final engineering review and may change upon soils reports and engineering being completed. Any additional charges will be presented for approval prior to starting construction. Pier Sizes Quoted: Fabric Shade Canopies are designed to withstand normal wind loads and weather conditions, and will provide years of sun, heat, hail & UV protection with minimal maintenance. Warranties shall be void if damage to or failure to the shade structure is caused by contact with chemical, misuse, vandalism, fireworks or acts of God, including but not limited to, ice, snow or wind in excess of the applicable building code parameters. All fabric tops are warranted for sustained winds up to 76 mph and for gusts of up to 3 seconds duration up to 90 mph with no snow or ice accumulation. Damage caused by flying debris is not covered. Fabric is not warranted where it is installed on a structure that is not engineered or built by the manufacturer. Care, Maintenance, and Warranties of Canopies: Fabric Shade Canopy warranties do not cover natural disasters, such as earthquakes, shifts in terrain or tornados. If the structure is installed in an area exposed to hurricanes, removal of the shade fabric is required when a hurricane warning is issued. Structures are warranted for winds up to 145 mph, only if the shade canopy fabric has been removed as per requirements by the manufacturer. Care must be taken during removal of canopies so as not to damage the fabric or connection points and hardware. Contact Kraftsman or the manufacturer of the canopy if there are questions in regards to proper removal and reinstallation processes and procedures. Acts of Nature: Lead Times are after approval of all Initial submittal info and colors. Shade Canopies with engineer sealed drawings - the lead time for the shade canopy to ship is 12-14 weeks from when the order is placed with the manufacturer. Greenfields Outdoor Fitness - lead time for items to ship is 6 to 8 weeks from when the order is placed with the manufacturer. Lead Times: 46 Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 01/25/2022 Project: 16984 Created By: Pat Kennedy QUOTE #Q72340-2 Page 4 of 5 Quote Name: Phase 2 Splash/Shade/Fitness Equip Each Party shall be excused from liability for the failure or delay in performance of any obligation under this Agreement (other than failure to make payment when due) by reason of any event beyond such Party’s reasonable control including but not limited to Acts of God, fire, flood, explosion, earthquake, pandemic flu, or other natural forces, governmental orders or directives, war, civil unrest, acts of terrorism, accident, destruction or other casualty, any lack or failure of transportation facilities, any lack or failure of supply of raw materials, or any other event similar to those enumerated above. Such excuse from liability shall be effective only to the extent and duration of the event(s) causing the failure or delay in performance and provided that the Party has not caused such event(s) to occur. Notice of a Party’s failure or delay in performance due to force majeure must be given to the other Party within (20) days after its occurrence has become identified by the Party. All delivery dates under this Agreement that have been affected by force majeure shall be tolled for the duration of such force majeure. In no event shall any Party be required to prevent or settle any labor disturbance or dispute, or to act outside of compliance with governmental orders or directives. Force Majeure: 47 Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 01/25/2022 Project: 16984 Created By: Pat Kennedy QUOTE #Q72340-2 Page 5 of 5 Quote Name: Phase 2 Splash/Shade/Fitness Equip PO#: CONDITIONS OF SALE 1.Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the contract. 2.No returns of merchandise will be accepted unless previously authorized in writing by Kraftsman. All returns are subject to restocking fee of 25% plus freight charges incurred for return to original shipment origination. 3.Title for all equipment is reserved by Kraftsman Commercial Playgrounds and Water Parks until payment in full is received. The right to enter the property and repossess said equipment is hereby granted to Kraftsman Commercial Playgrounds and Water Parks if payment is not rendered in accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to Kraftsman Commercial Playgrounds and Water Parks as cost incurred to recover the equipment. Repossession of product does not waive any damages or costs due as awarded by the court. 4.All collections or litigation concerning this contract shall be governed by the laws of the State of Texas, with venue in Harris County. 5.Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and workmanship. See catalogs or attached drawings for specific layouts, warranties, and specifications. 6.Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors. 7.A service charge of 1.5% per month will be assessed on all past due amounts. 8.Payments to Kraftsman by credit card will incur a processing fee of 4% for Visa and MasterCard, and 6% for American Express 9.Installation services include all labor, equipment required to complete the job, and insurance coverage’s as required by law. Extra installation charges will incur for abnormal sub surfaces, ie. rock, landfill, etc. Price quoted includes Kraftsman’s standard insurance coverages of $2 million in General Liability & Completed operations, $1 million in Automobile Liability, $1 million per occurrence/$2 aggregate in Workman’s Compensation. Any charges by Kraftsman’s insurance carrier or agents for adding General Contractor or Owner as additional insured, waivers of subrogation, or changes to standard coverage shall be added to contract charges. No performance bond or labor and material payment bonds shall be provided by Kraftsman, unless listed as individual line item in proposal. 10.Kraftsman Commercial Playgrounds and Water Parks is not liable for damages to underground utilities, and irrigations systems during installation. It is the customers responsibility to locate all underground utilities. 11.Building permits required by local or state authorities & municipalities are not included and are the responsibility of the owner of the property, unless specifically included as a line item in the proposal. If you want Kraftsman to handle required permitting please contact our office and we will provide a quote if not included as a line item within this proposal. 12.This proposal may be withdrawn by Kraftsman if not accepted within thirty (30) days. WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY & FITNESS EQUIPMENT Thank You! We Appreciate Your Business! Respectfully Submitted Pat Kennedy Acceptance of Proposal: The prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. If contract is placed with an attorney for suit or collection through probate, bankruptcy or other legal proceedings, customer agrees to pay all expenses and reasonable attorney fees incurred. Any verbal instructions, agreements, or promises are not valid unless written as part of this contract. Authorized Signature Authorized Signature Date of Acceptance January 25, 2022 Date Printed Name & Title Printed Name & Title General Terms and Conditions The Colony, City of Ship To: The Colony, City of Bill To: Percentage Completed Draws Terms: 48 Kids Colony Splash Park – CA#1 - Contract SUBTOTAL BUYBOARD QUOTE – KIDS COLONY SPLASH PARK AMENITIES $174,131.68 TOTAL CONTRACT AMENDMENT NO. 1 $174,131.68 Original Amount of Contract $ 824,983.12 Total Amount of Contract Amendment No. 1 $ 174,313.68 Contract Amount after Contract Amendments $ 999,296.80 Requested Additional Number of Calendar Days to be Considered Prior to the Final Payment Seven (7) Calendar Days. The Contract Start Time and “Notice to Proceed” for this project is February 4, 2022. The Contract End Time for the project will be no later than April 21, 2022 49 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACTOR’S CONTRACT WITH KRAFTSMAN LP FOR THE PURHCASE AND INSTALLATION OF THE KIDS COLONY SPLASH PARK PHASE 2 – AMENITIES THROUGH THE BUYBOARD PURCHASING COOPERATIVE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of The Colony, Texas (the “City”), desires to obtain the services of Kraftsman LP for the purchase and installation of the Kids Colony Splash Park Phase 2 – Amenities through the Buyboard Purchasing Cooperative; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Contractor’s Contract with Kraftsman LP, a copy of which is attached hereto as ”Exhibit A”, and is incorporated herein for all purposes; and WHEREAS, with said Contractor’s Contract the City is agreeing to pay the sum of $174,131.68 for such work. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The Construction Services Contract, a copy of which is attached hereto as “Exhibit A”, and is incorporated herein for all purposes, having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved. Section 2. The City Manager is hereby authorized to execute said Construction Services Contract on behalf of the City of The Colony, Texas. Section 3.This Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF COLONY, TEXAS, THIS 4TH DAY OF FEBRUARY 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary 50 APPROVED AS TO FORM: ___________________________________ Jeff Moore, City Attorney 51 Agenda Item No:4.5 CITY COUNCIL Agenda Item Report Meeting Date: February 1, 2022 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a contract with Paradigm Traffic Systems in the amount of $100,000.00 to purchase Intelligent Transportation Systems (ITS) communication equipment that will allow remote communication for city maintained traffic signals along FM 423 & SH 121. (Hartline) Suggested Action: Summary of Request: City Council approved funding for purchase of Intelligent Transportation Systems (ITS) communication equipment in the 2021/2022 CIP budget. This equipment will provide remote communication for traffic signals along FM 423 & SH 121 and will assist in providing communications from the traffic signal control equipment to our current traffic management system software (Centracs). The equipment will allow CCTV monitoring of traffic conditions and will allow city staff to monitor and adjust traffic signal timing, monitor traffic situations, monitor power conditions and reset equipment remotely, as needed. This equipment also provides alerts through text messages and emails to designated staff regarding equipment issues that need immediate attention. The equipment will expand our existing traffic signal network which is currently deployed in the Grandscape District. A copy of the quotation from Paradigm Traffic Systems using Buy Board contract #603-20 is attached for review. Recommendation: Staff has reviewed the quotation from Paradigm Traffic Systems and recommends approval of the purchase of Intelligent Transportations Systems (ITS) communication equipment to provide remote communication for traffic signals along FM 423 & SH 121. 52 Attachments: Financial Summary Quotation from Paradigm Traffic Signals Location Map Res. 2022-xxx Paradigm Traffic Systems Contract.docx 53 FINANCIAL SUMMARY: Are budgeted funds available: Yes Amount budgeted/available: $100,000.00 Fund(s) (Name and number): 895-669-6425 Project #: 2271 Source of Funds: 2021-2022 General Fund Capital Improvement Projects Cost of recommended purchase of equipment: $ 100,000.00 Total estimated project cost: $ 100,000.00 ITS communication equipment purchase Already authorized Yes  No $ 100,000.00 Total estimated costs 54 55 Lewisville Lake Painted Lake Lake ComeliSH 121SH 121Main Main PPllaannoo NNoorrtt hh CC oolloonnyy WWiinnddhhaavveennPaige Paige LLeebbaannoonn SSoouutthh CC oolloonnyy MM eemm oorriiaall DDeesstt ii nnaatt ii oonnNNeebbrraasskk aa FF uu rr nn iitt uu rr ee MM aa rr ttPai ge Paige M em orial M em orial PPllaannoo Plano Plano SH 121SH 121WWiinnddhhaavveenn SS oo uu tthh CC oolloonnyyMemorial Memorial Mai n Mai n MM eemmoorriiaall Paige Paige PPaaiiggee Main Main DDeessttiinnaattiioonnFF rr yy eerr FFooxx Avery Avery Aztec Aztec RRiiccee RR ee ee dd Arbor Glen Arbor Glen Roberts Roberts WW aa vv eerrllyy BBiigg RRiivv ee rr OO xx ffoorrddElm Elm CC rr aa wwff oo rr dd T r e g o T r e g o Larner Larner IveyIveyTruitt Truitt PPrruuiitt tt CC aarrrroollll Boyd Boyd Alpha Alpha PPeerrrriinn Longo Longo PPeemmbbeerrttoonn SSllaayy CC aa ll dd ww ee llll WWiillccooxx DD rr iiss cc oo llll Jenkins Jenkins Carr Carr SShhoorree A s h l o c k A s h l o c k John Yates John Yates Knox Knox IIrr ee ll aa nndd Knight Knight Elliot Elliot PP eeaarrccee LL aa kkee ssiidd ee MMiill llbb aa nn kkPP hheellppss II oo llaa CC ll aa rryy GGaatteess MMaarrllaarr B r a e m a rBraemar RRuusssseellll Bedford Bedford Baker Baker PPoowweerrss HH ee tthheerriinnggttoo nn NNoorrrriiss Autumn Autumn Bartlett Bartlett Adams Adams RRuuttlleeddggee CChhaatthhaamm Concord Concord LLoocchhssiidd ee GGiibbssoonn AA dd ee llaaiiddeeA lis te r A lis te r WW ooooddrruu ffff Dooley Dooley Worley Worley KKiinngg ssbbaarrnnssJJee nnnniinn g g ss BB aa llllaa rr dd CC rr ee ee kk HHoolllloowwSS pp aarrkkss Scott Scott RRoocckk CCaann yy oo nn RRoocckkwwoooodd WWeessttwwaayy GGrreeeenn HH oollllooww OOvveerrllaann dd LLiittttll ee MM iillllTT yy ll ee rr Maple Maple Lakecrest Lakecrest AArrcchheerr D u n n D u n n Red Oak Red Oak Younger Younger DDaarrbbyy V a d e n V a d e n QQuueeeenn Phoenix Phoenix Ward Ward Kisor Kisor L a d y b a n kLadybank NNeeww ttoonn KKiirrkk ff iieelldd DDuu nn vv ee rrnnyy SSuuttttoonn Teal Cove Teal Cove MM iitt cc hheellll Mages Mages Oak Oak IIvvyy L i n k sLinks TT uu cc kk ee rr Sundance Sundance ForestForestHHoorr sseesshhooee Gardner Gardner Cook Cook Biscayne Biscayne Miller Miller WW aa tteerrss EEddggee Meadow Meadow C re s c e n t C re s c e n t LebanonLebanonManchester Manchester AA ll tt aa OO aa kkss Avocet Avocet Fay Fay BallaterBallaterL e m m o n L e m m o n MillerMillerNNaasshh RRaaggaann SS qquu iirr ee ss TTuurrnn ee rr SS tt rr iicckkllaanndd Ethridge Ethridge AAu u gguussttaa NN ee wwttoonn BBooyydd SStteewwaarrtt CCoouuggaarr AAlllleeyy µLocation Map 56 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF THE COLONY AND PARADIGM TRAFFIC SYSTEMS FOR THE PURCHASE OF INTELLIGENT TRANSPORATION SYSTEMS (ITS) COMMUNICATION EQUIPMENT FOR REMOTE COMMUNICATION FOR CITY MAINTAINED TRAFFIC SIGNALS ALONG FM423 AND STATE HIGHWAY 121; AND PROVIDING AN EFFECTIVE DATE. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.That the City Council of the City of The Colony, Texas has duly reviewed and considered the Contract between the City of The Colony and Paradigm Traffic Systems, for the purchase of intelligent transportation systems communication equipment for remote communication for city maintained traffic signals along FM423 and State Highway 121, in the amount of $100,000.00 for such work. Section 2. That this contract is found to be acceptable and in the best interest of the City and its citizens, and the City Manager or his designee is authorized to issue the appropriate purchase order(s) in accordance with the bid award. Section 3.This resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 1ST DAY OF FEBRUARY 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ______ Jeff Moore, City Attorney 57 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: February 1, 2022 Submitted by: Tina Stewart Submitting Department: Police Item Type: Ordinance Agenda Section: Subject: Conduct a second public hearing, discuss and consider approving an ordinance Readopting, Ratifying, Republishing and Extending Chapter 13, Article III, Sections 13-31 through 13-37 of the Code of Ordinances regarding Curfew Hours for Minors. (Coulon) Suggested Action: Attachments: Ord. 2022-xxxx PD Curfew Ordinance.docx 58 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2022 - _______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, READOPTING, RATIFYING, REPUBLISHING AND EXTENDING CHAPTER 13, ARTICLE III, SECTIONS 13-31 THROUGH 13-37 OF THE CODE OF ORDINANCES FOR CURFEW HOURS FOR MINORS IN THE CITY OF THE COLONY, TEXAS, FOR A PERIOD OF THREE (3) YEARS; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, has previously passed and adopted an Ordinance which provides for “Curfew Hours for Minors” establishing such curfew hours and penalties for violations thereof; and WHEREAS, such Ordinance has been codified in Chapter 13, Article III, Sections 13-31 through 13-37; and WHEREAS, Section 370.002(a) of the Texas Local Government Code provides that “[b]efore the third anniversary of the date of adoption of a juvenile curfew ordinance by a general- law municipality or a home-rule municipality or an order of a county commissioners court, and every third year thereafter, the governing body of the general-law municipality or home-rule municipality or the commissioners court of the county shall: (1) review the ordinance or order's effects on the community and on problems the ordinance or order was intended to remedy; (2) conduct public hearings on the need to continue the ordinance or order; and (3) abolish, continue, or modify the ordinance or order;” and WHEREAS, prior to the expiration of such three-year period, the Police Department has furnished records and reports indicating the need for such to remain in effect; and WHEREAS, the City desires to continue the provisions of the Juvenile Curfew Ordinance without any modifications, and schedule the same for review in February 2025. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS; SECTION 1. That Chapter 13, Article III, Sections 13-31 through 13-37 is hereby readopted, ratified, republished and extended from the date of its execution and shall remain in effect through February 2025, unless otherwise terminated under the provisions of the State law. SECTION 2. That all provisions of the Code of Ordinances of the City of The Colony, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. 59 SECTION 3. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4.That this Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 1ST DAY OF FEBRUARY 2022. APPROVED: ______________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: _____ Jeff Moore, City Attorney 60 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: February 1, 2022 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Discussion Agenda Section: Subject: Discuss and receive direction regarding the installation of a dedicated dual left turn lane at the intersection of eastbound and westbound SH 121 Frontage Road and Paige Road. (Hartline) Suggested Action: Discuss and receive direction regarding the installation of a dedicated dual left turn lane at the intersection of eastbound and westbound SH 121 Frontage Road and Paige Road. Attachments: SH 121 at Paige Road - Westbound Duel Left Turn Lane Exhibit SH 121 at Paige Road - Eastbound Duel Left Turn Lane Exhibit 61 N 201050 30 HORIZONTAL SCALE: 1" = 10' SH-121 FRONTAGE ROAD (W B) SH-121/SRT (W B) P AI GE R OADOPTION 2 WESTBOUND FRONTAGE ROADPAIGE ROADR3-8ULM ONLY ONLY R3-8LMS ONLY ONLY SIGN SIGN SIGN GB GB PED TSIG SHEETSCALE AVO: FILE: CITY BID No. I:\46000s\46156\001\CADD\SheetsFTW\46156-EXH-ALT2-WB.dgn 12/22/2021 10:28:10 AM ah2789 FAX (817) 232-9784 TEL (817) 847-1422 FORT WORTH, TEXAS 76137-2797 4000 FOSSIL CREEK BLVD 46156-EXH-ALT2-WB.dgnCHECKED DESIGNED DRAWN 46156 KJG AS NOTED FIRM REGISTRATION NO. 312 12/22/202110:28:10 AMah2789I:\46000s\46156\001\CADD\SheetsFTW\46156-EXH-ALT2-WB.dgnPDF_2D_CLR_FW_CR_300.pltDesignKJG NO. REVISION BY DATEHALFF - LAH LEFT TURN LANE EXHIBIT PAIGE RD. AT SH 121 PAIGE RD. AT SH 121 - LEFT TURN LANE EXHIBITMARKING "PUPPY TRACKS" DASHED WHITE INSTALL 129 LF 4" 30' R MARKING (THIS SHEET) INSTALL 84 LF 4" SOLID WHITE MEDIAN BRICK PAVERS INSTALL 579 SF 6" INTEGRAL CURB INSTALL 68 LF TYPE 20 CURB RAMP INSTALL TxDOT 2' R 5' R 98.5' R TRAVEL LANE REVISED MARKINGS LEFT TURN/STRAIGHT INSTALL COMBINATION REPLACE SIGN MAST ARM SIGN REMOVE AND REPLACE POLE ASSEMBLY INSTALL NEW PED NEW PED POLE PUSH BUTTON TO RELOCATE PED GROUND BOX CONNECT TO EXIST. AND CONDUCTOR SIGNAL CONDUIT, CABLE INSTALL 14 LF TRAFFIC 62 N 201050 30 HORIZONTAL SCALE: 1" = 10' SH-121 FRONTAGE ROAD (EB) SH-121/SRT (EB) P AI G E R O A D PLA N O P AR K WA Y OPTION 2 EASTBOUND FRONTAGE ROAD R3-8ULM ONLY ONLY ONLYONLY ONLY R3-8LMSR SHEETSCALE AVO: FILE: CITY BID No. I:\46000s\46156\001\CADD\SheetsFTW\46156-EXH-ALT2-EB.dgn 12/22/2021 10:26:37 AM ah2789 FAX (817) 232-9784 TEL (817) 847-1422 FORT WORTH, TEXAS 76137-2797 4000 FOSSIL CREEK BLVD 46156-EXH-ALT2-EB.dgnCHECKED DESIGNED DRAWN 46156 KJG AS NOTED FIRM REGISTRATION NO. 312 12/22/202110:26:37 AMah2789I:\46000s\46156\001\CADD\SheetsFTW\46156-EXH-ALT2-EB.dgnPDF_2D_CLR_FW_CR_300.pltDesignKJG NO. REVISION BY DATEHALFF - LAH LEFT TURN LANE EXHIBIT PAIGE RD. AT SH 121 PAIGE RD. AT SH 121 - LEFT TURN LANE EXHIBITSIGN SIGN SIGN SIGN GB PED TSIG TSIG MARKING "PUPPY TRACKS" DASHED WHITE INSTALL 120 LF 4" 30' R TYPE 20 CURB RAMP INSTALL TxDOT SOLID WHITE MARKING INSTALL 25 LF 4" 2' R 2' R 102.5' R MEDIAN BRICK PAVERS INSTALL 392 SF TRAVEL LANE REVISED REPLACE SIGN MARKINGS LEFT TURN/STRAIGHT INSTALL COMBINATION POLE ASSEMBLY INSTALL NEW PED NEW PED POLE PUSH BUTTON TO RELOCATE PED GROUND BOX CONNECT TO EXIST. AND CONDUCTOR SIGNAL CONDUIT, CABLE INSTALL 13 LF TRAFFIC MAST ARM SIGN REMOVE AND REPLACE 63 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: February 1, 2022 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Discuss and consider an ordinance approving an amendment adding a new project to the approved Fiscal Year 2021-2022 GF Capital Projects Fund, in the amount of $155,000.00 for engineering design and construction services for the installation of dual left turn lanes at SH 121 Frontage Road and Paige Road. (Hartline) Suggested Action: Background: City Staff has evaluated the feasibility of adding dual left turn lanes at the intersection of eastbound and westbound SH 121 Frontage Roads and Paige Road and discussed this project with City Council during the Work Session held on February 1, 2022. Due to only one dedicated left turn lane on the eastbound and westbound SH 121 Frontage Roads at Paige Road, vehicular traffic backs up significantly during peak traffic times during the day. This project includes extending the existing island to prohibit straight movements from the dedicated left turn lanes and restriping the existing traffic lanes on the frontage roads. The addition of dual left turn lanes will help ease traffic backup, help prevent accidents and will allow additional vehicular traffic to turn left onto Paige Road using two dedicated lanes. The addition of the turn lanes will require a TxDOT Access Permit (Form 1058) which historically necessitates the inclusion of the standard TxDOT driveway section (10-inch CRCP over a 4-inch asphalt base course and lime treated subgrade) and will also require NTTA review and approval. Staff is requesting that $155,000.00 be allocated for this new project in the Fiscal Year 2021-2022 Budget for GF Capital Projects Fund. Allocating these funds for this project will allow Staff to proceed with the design and construction services for this project during this fiscal budget year. Recommendations: Staff recommends approval of a new project for the installation of Dual Left Turn Lanes on eastbound and westbound SH 121 Frontage Roads at Paige Road and an increase of $ 155,000.00 in the approved 2021-2022 GF Capital Projects Fund budget for this project. Attachments: SH 121 at Paige Road - Westbound Duel Left Turn Lane Exhibit. SH 121 at Paige Road - Eastbound Duel Left Turn Lane Exhibit Financial Summary Ord. 2022-xxxx 2021-2022 Budget Amendment - GF Capital Projects Dual Left Turn Lanes.docx 64 65 N 201050 30 HORIZONTAL SCALE: 1" = 10' SH-121 FRONTAGE ROAD (W B) SH-121/SRT (W B) P AI GE R OADOPTION 2 WESTBOUND FRONTAGE ROADPAIGE ROADR3-8ULM ONLY ONLY R3-8LMS ONLY ONLY SIGN SIGN SIGN GB GB PED TSIG SHEETSCALE AVO: FILE: CITY BID No. I:\46000s\46156\001\CADD\SheetsFTW\46156-EXH-ALT2-WB.dgn 12/22/2021 10:28:10 AM ah2789 FAX (817) 232-9784 TEL (817) 847-1422 FORT WORTH, TEXAS 76137-2797 4000 FOSSIL CREEK BLVD 46156-EXH-ALT2-WB.dgnCHECKED DESIGNED DRAWN 46156 KJG AS NOTED FIRM REGISTRATION NO. 312 12/22/202110:28:10 AMah2789I:\46000s\46156\001\CADD\SheetsFTW\46156-EXH-ALT2-WB.dgnPDF_2D_CLR_FW_CR_300.pltDesignKJG NO. REVISION BY DATEHALFF - LAH LEFT TURN LANE EXHIBIT PAIGE RD. AT SH 121 PAIGE RD. AT SH 121 - LEFT TURN LANE EXHIBITMARKING "PUPPY TRACKS" DASHED WHITE INSTALL 129 LF 4" 30' R MARKING (THIS SHEET) INSTALL 84 LF 4" SOLID WHITE MEDIAN BRICK PAVERS INSTALL 579 SF 6" INTEGRAL CURB INSTALL 68 LF TYPE 20 CURB RAMP INSTALL TxDOT 2' R 5' R 98.5' R TRAVEL LANE REVISED MARKINGS LEFT TURN/STRAIGHT INSTALL COMBINATION REPLACE SIGN MAST ARM SIGN REMOVE AND REPLACE POLE ASSEMBLY INSTALL NEW PED NEW PED POLE PUSH BUTTON TO RELOCATE PED GROUND BOX CONNECT TO EXIST. AND CONDUCTOR SIGNAL CONDUIT, CABLE INSTALL 14 LF TRAFFIC 66 N 201050 30 HORIZONTAL SCALE: 1" = 10' SH-121 FRONTAGE ROAD (EB) SH-121/SRT (EB) P AI G E R O A D PLA N O P AR K WA Y OPTION 2 EASTBOUND FRONTAGE ROAD R3-8ULM ONLY ONLY ONLYONLY ONLY R3-8LMSR SHEETSCALE AVO: FILE: CITY BID No. I:\46000s\46156\001\CADD\SheetsFTW\46156-EXH-ALT2-EB.dgn 12/22/2021 10:26:37 AM ah2789 FAX (817) 232-9784 TEL (817) 847-1422 FORT WORTH, TEXAS 76137-2797 4000 FOSSIL CREEK BLVD 46156-EXH-ALT2-EB.dgnCHECKED DESIGNED DRAWN 46156 KJG AS NOTED FIRM REGISTRATION NO. 312 12/22/202110:26:37 AMah2789I:\46000s\46156\001\CADD\SheetsFTW\46156-EXH-ALT2-EB.dgnPDF_2D_CLR_FW_CR_300.pltDesignKJG NO. REVISION BY DATEHALFF - LAH LEFT TURN LANE EXHIBIT PAIGE RD. AT SH 121 PAIGE RD. AT SH 121 - LEFT TURN LANE EXHIBITSIGN SIGN SIGN SIGN GB PED TSIG TSIG MARKING "PUPPY TRACKS" DASHED WHITE INSTALL 120 LF 4" 30' R TYPE 20 CURB RAMP INSTALL TxDOT SOLID WHITE MARKING INSTALL 25 LF 4" 2' R 2' R 102.5' R MEDIAN BRICK PAVERS INSTALL 392 SF TRAVEL LANE REVISED REPLACE SIGN MARKINGS LEFT TURN/STRAIGHT INSTALL COMBINATION POLE ASSEMBLY INSTALL NEW PED NEW PED POLE PUSH BUTTON TO RELOCATE PED GROUND BOX CONNECT TO EXIST. AND CONDUCTOR SIGNAL CONDUIT, CABLE INSTALL 13 LF TRAFFIC MAST ARM SIGN REMOVE AND REPLACE 67 FINANCIAL SUMMARY: Are budgeted funds available:  Yes No  Budget Amendment Requested: $155,000.00 Source of Funds: 2021-2022 GF Capital Projects Fund - 895 Excess Funds Total estimated project cost: $155,000.00 Engineering and Construction costs Already authorized Yes  No $155,000.00 Total estimated costs Cost of recommended budget amendment increase: $155,000.00 68 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2022 - _________ AMENDING THE FISCAL YEAR 2021-2022 BUDGET AN ORDINANCE AMENDING ORDINANCE 2021-2447, ADOPTING THE FISCAL YEAR 2021-2022 BUDGET OF CITY OF THE COLONY, TEXAS BY REALIGNING BUDGETS AS SET FORTH HEREIN; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION OF THIS ORDINANCE AMENDING THE FISCAL YEAR 2021-2022 BUDGET FOR GF CAPITAL PROJECTS – 895 EXCESS FUNDS OF THE CITY OF THE COLONY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND NAMING AN EFFECTIVE DATE. WHEREAS, the Council of the City of The Colony is conducting business pursuant to a budget for fiscal year 2021-2022, heretofore previously adopted by Ordinance No. 2021-2447 on the 7th day of September, 2021; and WHEREAS, Section 102.010 of the Texas Local Government Code authorizes the governing body of a municipality to make changes in the budget for municipal purposes; and WHEREAS, the City of The Colony finds it in the best interest of the City to increase the 2021-22 GF Capital Projects - 895 Excess Funds budget by $155,000.00 for the Duel Left Turn Lanes on Eastbound and Westbound SH 121 Frontage Road at Paige Road. WHEREAS, the City Council has reviewed the budget and has determined that a valid municipal purpose is served by such budget increases and reallocation of funds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are incorporated into the body of this Ordinance as if copied herein in their entirety. SECTION 2. AMENDMENT AND ADOPTION That the GF Capital Projects – 895 Excess Funds budget for the fiscal year ending September 30, 2022 heretofore previously adopted by Ordinance 2021-2447 duly enacted by the City Council of the City of The Colony on the 7th day of September, 2021, be and is hereby amended as set forth 69 2 herein, which amendment is hereby, in all respects, finally approved and adopted as so changed; and the same shall be hereby filed with the City Secretary of the City of The Colony. SECTION 3. BUDGET INCREASES That the 2021-22 GF Capital Projects- 895 Excess Funds budget is to be increased by an amount not to exceed $155,000.00. SECTION 4. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of Ordinances of the City of The Colony, Texas except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the conflicting provisions of such Ordinances are hereby repealed. SECTION 5. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council of The City of The Colony 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 should 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, or sections of this Ordinance, since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 6. SAVINGS CLAUSE All rights and remedies of the City of The Colony are expressly saved as to any and all violations of the provisions of any Ordinances affecting budgets, budget approval or adoption, which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its date of passage. 70 3 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 1ST DAY OF FEBRUARY 2022. __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney City of The Colony, Texas 71 Agenda Item No:5.4 CITY COUNCIL Agenda Item Report Meeting Date: February 1, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider appointing a member to the Keep The Colony Beautiful Board. (Council) Suggested Action: Attachments: 72 Agenda Item No:5.5 CITY COUNCIL Agenda Item Report Meeting Date: February 1, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider scheduling a City Council meeting for March 22, 2022 due to canceling the March 15, 2022 meeting (Observance of LISD Spring Break Week) and provide direction to staff (Council) Suggested Action: Attachments: 73 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: February 1, 2022 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 Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and 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). Suggested Action: Attachments: 74 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: February 1, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). Suggested Action: Attachments: 75