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HomeMy WebLinkAbout2022 0322Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: March 22, 2022 Submitted by: Tina Stewart 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: March 22, 2022 Submitted by: Megan Charters Submitting Department: Library Item Type: Announcement Agenda Section: Subject: Receive presentation from the Library regarding upcoming events and activities. (Charters) Suggested Action: Attachments: 5 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: March 22, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Receive a presentation from Denton County Appraisal District. (Mayor) Suggested Action: Attachments: 6 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: March 22, 2022 Submitted by: Lindsey Stansell Submitting Department: Parks & Recreation Item Type: Discussion Agenda Section: Subject: Discuss and provide direction to staff on the upcoming Independence Day Parade. (Stansell) Suggested Action: Attachments: 7 Agenda Item No:3.3 CITY COUNCIL Agenda Item Report Meeting Date: March 22, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Council to provide direction to staff regarding future agenda items. Suggested Action: Attachments: 8 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: March 22, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes for March 1, 2022. (Stewart) Suggested Action: Attachments: March 1, 2022 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 MARCH 1, 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 1 st day of March 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 Absent (Business) Present Present Present Present Present Present And with 6 councilmembers present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor Pro Tem Joel Marks called the meeting to order at 6:30 p.m. 1.2 Invocation Pastor Bruce White with Journey Baptist 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 Supervisor, Lindsey Stansell, provided upcoming events and activities to the Council. 2.0 CITIZEN INPUT 1. Karen McGuffin, 6726 Hickory Creek Drive, Frisco, spoke concerning upcoming Soup- n-Bowl event. 2. Trevor Arterburn, 5745 State Highway 121, spoke concerning One Stop Express renovations. 10 City Council – Regular Meeting Agenda March 1, 2022 Page| 2 3. Mike Muller, 5754 Grandscape Boulevard, Suite #205, spoke concerning Thirsty Lion Gastropub. 3.0 WORK SESSION 3.1 Discuss and receive direction from City Council on adopting an ordinance for the collection of Hotel Occupancy Tax from short term rental properties within The Colony. Deputy City Manager, Joe Perez, presented this item to Council. Mr. Perez introduced Amanda Taylor with GovOS. She provided an overview STR solutions allows governmental entities the tools to analyze the financial trends and patterns of short-term rental market and transient occupancy tax revenue. 3.2 Discussion of Police seized fund expenditure. Police Chief David Coulon provided an overview on this item. 3.3 Council to provide direction to staff regarding future agenda items. None 4.0 CONSENT AGENDA Motion to approve items from the Consent Agenda- Schrag; second by Wade, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes for March 1, 2022. 4.2 Consider approving Council expenditures for December 2021 and January 2022. 4.3 Consider approving a resolution authorizing the City Manager to issue a purchase order in the amount of $108,840 for the upgrade of TRAKIT software. RESOLUTION NO. 2022-012 4.4 Consider approving a resolution authorizing the City Manager to issue a purchase order in the amount of $1,000,000 for the repair of streets, alleys, and sidewalks. RESOLUTION NO. 2022-013 5.0 REGULAR AGENDA ITEMS 6.0 EXECUTIVE SESSION 11 City Council – Regular Meeting Agenda March 1, 2022 Page| 3 7.0 EXECUTIVE SESSION ACTION ADJOURNMENT With there being no further business to discuss the meeting adjourned at 7:29 p.m. APPROVED: __________________________________ Joel Marks, Mayor Pro Tem City of The Colony, Texas ATTEST: _______________________________ Tina Stewart, TRMC, CMC City Secretary 12 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: March 22, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Expenditures Agenda Section: Subject: Consider approving Council expenditures for February 2022. (Council) Suggested Action: Attachments: Council February Expenditures.pdf 13 14 15 16 17 18 19 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: March 22, 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 a contract with Kraftsman LP for the hardscape and artificial turf seating area for Kids Colony Splash Park Phase II, through the BuyBoard Purchasing Cooperative in the amount of $417,834.00 with funding from the Community Development Corporation (FY2021-2022 Budget). (Morgan) Suggested Action: The Community Development Corporation approved this item at the March 10th CDC meeting and staff recommends approval of a contract with Kraftsman LP in the total amount of $417,834.00 for the base and add-alternate quote. Attachments: CC Agenda support Kraftsman phase 2.docx.pdf Kraftsman Financial Summary phase 2.pdf Kraftsman Quote Q72441-3 Project 16984 Kids Colony SplashPark Phase II.pdf Kraftsman Quote Q72725 Project 16984 Kids Colony SplashPark Phase II.pdf STANDARD FORM OF AGREEMENT - KRAFTSMAN LP.pdf 4.3 Res. 2022-xxx Kraftsman LP - Splash Pad Phase II.doc 20 City Council Agenda Item Meeting Date: March 22, 2022 Parks and Recreation TITLE Consider approving a resolution authorizing the City Manager to execute a contract with Kraftsman LP for the hardscape and artificial turf seating area for Kids Colony Splash Park Phase II through the BuyBoard Purchasing Cooperative in the amount of $417,834.00 with funding from the Community Development Corporation (FY2021-2022 Budget). HISTORY Phase I of the project included the splash deck with equipment to run it and the expansion of the pavilion. Contract Amendment #1 with Kraftsman was approved by City Council on February 1, 2022, to purchase fixtures outlined in Phase II of the Splash Park project. These fixtures required long lead times and purchasing early would prevent excessive delays. The fixtures include vertical splash elements, outdoor fitness equipment, and additional shade structures for the outdoor fitness area and the artificial turf seating area adjacent to the splash deck. PURPOSE The Phase II contract will include hardscape, consisting of concrete flatwork for the outdoor fitness area, parking lot expansion, sidewalk connections, concrete piers for shade canopies, the foundation for a future restroom, and the purchase and installation of the artificial turf seating area adjacent to the splash deck. Staff received two quotes from the BuyBoard vendor, Kraftsman LP. The base quote is for the concrete flatwork, piers, and foundation in the amount of $367,015.00 and the add-alternate quote for the purchase and installation of the artificial turf seating area in the amount of $50,819.00. The total for the base and the add-alternate quote is $417,834.00. Funding for this project was approved in the Community Development Corporation FY2021/2022 budget. RECOMMENDATION The Community Development Corporation approved this item at the March 10th CDC meeting and staff recommends approval of a contract with Kraftsman LP in the total amount of $417,834.00 for the base and add-alternate quote. SUGGESTED MOTION I move to approve a resolution authorizing the City Manager to execute a contract with Kraftsman LP in the amount of $417,834.00 for the base and add-alternate quote for the hardscape and artificial turf seating area for the Kids Colony Splash Park Phase II through the BuyBoard Purchasing Cooperative with funds from the Community Development Corporation. 21 FINANCIAL SUMMARY Are budgeted funds available? X Yes No Amount budgeted/available 605,318.32$ Cost of recommended bid/contract award for: Base Quote 367,015.00$ Add-Alternate Quote 50,819.00$ TOTAL BASE AND ADD-ALTERNATE QUOTE 417,834.00$ Total estimated project cost: 417,834.00$ Total Cost: Base and Add-Alternate Quote 417,834.00$ Total Estimated Costs 22 Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 02/23/2022 Project: 16984 Created By: Pat Kennedy QUOTE #Q72441-3 Page 1 of 4 Quote Name: Phase 2 Hardscape 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 - SplashPark - Phase II Kids Colony - SplashPark - Phase II Kid’s Colony SplashPark Phase 2 Hardscape DISCBB Proposal includes Discount on BuyBoard Purchase, BuyBoard Contract #592-19 REMOVE CONC Removal of existing concrete sidewalk (Leadwalk from Parking, parking curb, and parking areas under landscape islands) clean up of materials, and disposal in proper land fill (applies to maximum 4” thickness, with site access by Bobcat loader) NOTE: Minimum charge of $1500, By: Kraftsman 1761 $8.00 $14,088.00sq ft CONC5RB Concrete entry Sidewalk, 5” thick concrete pad with, rebar reinforced, broom finish, minimum 500 sq. ft. 1060 $13.50 $14,310.00 CONC6RB Concrete Fitness area Pad, 6” thick concrete pad with, rebar reinforced, broom finish, minimum 500 sq. ft. 1155 $14.40 $16,632.00 CONC6RB Concrete parking area, 6” thick concrete pad with, rebar reinforced, broom finish, with striping per plan. 11000 $14.40 $158,400.00 BASE-4 Compacted Stabilized base, installed at a 6” depth. By: Kraftsman 11000 $8.25 $90,750.00Per Foot SITEPREP Preparation of Site; storm drainage, inlets, and grading for parking lot. by Kraftsman 1 $55,000.00 $55,000.00 CREDIT Credit for soils not placed in phase 1.1 -$6,500.00 -$6,500.00 PIERS36X084 Concrete piers for pavilion & canopy columns, with anchor bolts set if required, with steel rebar reinforcement, By: Kraftsman 6 $2,984.00 $17,904.0036”x84” FOUND-CUST Custom Concrete Foundation for restroom.1 $6,400.00 $6,400.00 INSTALL Installation of connections for restroom, water line, drain, and electrical. 1 $8,100.00 $8,100.00 BOND1 Performance & Payment Surety Bond, and processing of the bond documentation. 1 $11,010.00 $11,010.00 Item Subtotal:$386,094.00 Tax:$0.00 ($19,079.00) Total:$367,015.00 Equipment Subtotal:$367,015.00 Install:$0.00 Discount: Shipping & Handling: Special Terms and Conditions Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts. Buy Board: 23 Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 02/23/2022 Project: 16984 Created By: Pat Kennedy QUOTE #Q72441-3 Page 2 of 4 Quote Name: Phase 2 Hardscape 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 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: · Kraftsman will call and arrange for utility locating with the public utilities stake out providers. All Public Utilities, including Phone, Electrical, Gas, Cable, and Fiber Optics are to be staked prior to installation. Kraftsman will arrange with Public Utility Stake Out providers for a date that this is to be completed prior to Kraftsman arriving on site. · Customer is to locate, mark, and provide information for all privately owned utilities that are not marked by the Public Utility providers, for all utility service lines below grade that are privately owned. These will include any and all of the following: electrical, water lines, gas lines, irrigation lines, sewer and storm lines, cable service lines, fiber optic or other IT lines, which are privately owned by the property owner. · Kraftsman is not responsible for any underground utilities which are not marked or located by the owner or public utilities stake out providers. Damages to underground utilities for electrical, water, irrigation, and other listed above will not be repaired by Kraftsman and will be the owner’s expense and responsibility. Locating for Underground Utilities: 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: 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 Project Completion: 24 Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 02/23/2022 Project: 16984 Created By: Pat Kennedy QUOTE #Q72441-3 Page 3 of 4 Quote Name: Phase 2 Hardscape 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: 25 Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 02/23/2022 Project: 16984 Created By: Pat Kennedy QUOTE #Q72441-3 Page 4 of 4 Quote Name: Phase 2 Hardscape 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 February 23, 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: 26 Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 02/23/2022 Project: 16984 Created By: Pat Kennedy QUOTE #Q72725 Page 1 of 2 Quote Name: Add alternate - artificial turf seating area 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 - SplashPark - Phase II Kids Colony - SplashPark - Phase II DISCBB Proposal includes Discount on BuyBoard Purchase, BuyBoard Contract #592-19 1 $0.00 TURF- ARTIFICIAL Artificial Turf Surfacing, Furnish and Install IPEMA Certified Synthetic Grass Surfacing with Envirofill, includes base prep and nailer board at perimeter. No Design or Mounding Included. Minimum 500 sf required. 1983 $25.60 $50,764.80get quote CONC CURB 6X14 Concrete curbing installed to surround turf area. 9” wide x 12” depth. 55 $69.00 $3,795.006”x14” BOND1 Performance & Payment Surety Bond, and processing of the bond documentation. 1 $1,525.00 $1,525.00 Item Subtotal:$56,084.80 Tax:$0.00 ($5,265.80) Total:$50,819.00 Equipment Subtotal:$50,819.00 Install: Discount: Shipping & Handling: 27 Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Date: 02/23/2022 Project: 16984 Created By: Pat Kennedy QUOTE #Q72725 Page 2 of 2 Quote Name: Add alternate - artificial turf seating area 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 February 23, 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: 28 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the ____________day of _____________in the year 2022 by and between the CITY OF THE COLONY, TEXAS, a municipal corporation (hereinafter called OWNER) and KRAFTSMAN LP (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The scope of work consists of site preparation, existing pavement demolition, concrete parking area, concrete walkways and flatwork, earthwork, storm drainage, erosion control, site utilities, electrical service, turf establishment, synthetic turf, six shade canopies, fitness eq uipment area and seating area, associated elements and any other work deemed necessary by the City of The Colony. Contractor shall operate under BuyBoard Cooperative Purchasing Agreement. Parks and Recreation & Field Lighting Products and Installation; KRAFTSMAN LP. All of the above shall be done in accordance with TxDOT and NCTCOG specifications with the City of the Colony’s Addenda and as per instructions of the City of The Colony Park Development Manager. All construction sequencing and barricading will be done according to the City of The Colony Standards. The opinion of probable construction cost for the overall project is $417,834.00. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: KIDS COLONY SPLASH PARK – PHASE I – AMENDMENT PLANS City of The Colony BUYBOARD #592-19 KIDS COLONY SPLASH PARK – PHASE I – AMENDMENT PLANS Article 2. ENGINEER. The City of The Colony Parks and Recreation Department has designed the Project. The Bidding and Contract Documents have been established by the City of The Colony Parks and Recreation Department. Contract administration will be provided by the City of The Colony Parks and Recreation Department who is hereinafter called ENGINEER and who is to act as OWNER’S representative, assume all duties and responsibilities and have the rights and authority assigned to the ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 29 Article 3. CONTRACT TIME. 3.1. The Work will be completed within 120 calendar days, including six (6) inclement weather days, from the date when the Contract Time commences to run as provided in Item 103.6 of the General Provisions, and completed and ready for final payment in accordance with Item 109.5.4 of the General Provisions. BIDDER agrees that all work awarded will be completed within 120 calendar days, which documentation to the Construction Inspector assigned by the City to document inclement includes six (6) inclement weather days, for this project. The Contractor will submit written weather days. Additional inclement weather calendar days will be added to the contract only if the six (6) inclement weather days included in the bid have been approved. Contract time will commence to run as provided in the Contract Documents. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the lump sum base bid price listed in the Proposal and Bid Schedule. The contract sum shall be the amount of $417,834.00. The total tangible personal property cost included in the contract sum is $ 292,500.00. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 109.5 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 109.5.1 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 5.1.1. Prior to Completion, Progress Payments will be made in an amount equal to the percentage indicated in Item 109.5.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 109.4 of the General Provisions of the NCTCOG Specifications. 30 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 109.5.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER. Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR’S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 102.3 of the General Provisions, and accepts the determination set forth in Item SC-105.1.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 102.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Items 102.3, 103.1 and 104.1 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 31 Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1-27 through 1-33, inclusive). 8.2. Exhibits to this Agreement (immediately following this Agreement, inclusive). 8.3. Certificate of Insurance (page 1-42). 8.4. Notice of Award. 8.5. Part 1: General Provisions of the Standard Specifications for Public Works Construction, NCTCOG, fourth edition. 8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 1-50 through 1-62). 8.7. Certificate of Interested Parties (Form 1295) must be provided by the Selected Contractor per the Texas Legislature adoption of House Bill 1295 which added section 2252.908 of the Government Code. Selected Contractor must submit the completed form prior to the City Council Meeting to award the project. 8.8. Specifications bearing the title: "PROJECT MANUAL - Proposal, Contract, Bond Forms, and Specifications for: KIDS COLONY SPLASH PARK – PHASE I – AMENDMENT PLANS City of The Colony BUYBOARD QUOTE #592-19 KIDS COLONY SPLASH PARK – PHASE I AMENDMENT PLANS 8.9. Addendum to the NCTCOG Standard Specifications for Public Works Construction included in Appendix B. 8.10. Construction plans, one set consisting of thirty-seven (37) sheets with title page. 8.11. The following listed and numbered addenda: _____________________, ___________________,______________. 8.12. CONTRACTOR's Proposal, Bid Schedule, and Summary of Section 1 - Bidding and Contract Documents (page 1-27 through 1-33). 8.13. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.14. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Items 104.2 and 109.3 of the General Provisions. 32 The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). The Contract Documents may only be amended, modified, or supplemented as provided in Items 104.2 and 109.3 of the General Provisions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Item 101.1 of the General Provisions will have the meanings indicated in the General Provisions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. 33 This Agreement will be effective on __________________________________, 2022. OWNER: CONTRACTOR: City of The Colony NAME Kraftsman LP 6800 Main Street ADDRESS 19535 Haude Road The Colony, TX 75056 CITY, STATE ZIP Spring, Texas 77388 BY: _____________________________ BY: __________________________________ TITLE: City Manager TITLE: _______________________________ ATTEST: _________________________ ATTEST: ______________________________ Address for giving notices: Address for giving notices: City of the Colony NAME Kraftsman LP 5151 North Colony Blvd. ADDRESS 195 Haude Road The Colony, Texas 75056 CITY, STATE ZIP Spring, Texas 77388 Attn: Eve Morgan, PLA Attn: NAME___________________________ Park Development Manager (If OWNER is a public body, attach (If CONTRACTOR is a corporation, attach evidence of authority to sign and evidence of authority to sign.) resolution or other documents authorizing execution of Agreement.) 34 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - ______ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A STANDARD FORM OF AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND KRAFTSMAN LP FOR THE HARDSCAPE AND ARTIFICIAL TURF SEATING AREA AT KIDS COLONY SPLASH PARK PHASE II - AMENITIES THROUGH THE BUYBOARD PURCHASING COOPERATIVE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens to execute a standard form of agreement with Kraftsman LP for the hardscape and artificial turf seating area for Kids Colony Splash Park Phase II – amenities through the Buyboard Purchasing Cooperative, and WHEREAS,the City of The Colony agrees to pay the design and construction cost for the overall project in the amount of $417,834.00 through the BuyBoard Purchasing Cooperative with funding from the Community Development Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The City Council of the City of The Colony authorizes the execution of a standard form of agreement with Kraftsman LP. Section 2.The City Manager is authorized to execute a standard form of agreement for said project, which is attached hereto and incorporated herein. 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 THE 22ND DAY OF MARCH 2022. ______________________________ Richard Boyer, Mayor ATTEST:City of The Colony, Texas ___________________________________ Tina Stewart, TRMC, CMC, City Secretary 35 APPROVED AS TO FORM: ___________________________________ Jeff Moore, City Attorney 36 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: March 22, 2022 Submitted by: Pam Nelson Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the Mayor to execute a Fourth Amendment to the MarineQuest Groundlease Agreement for Hidden Cove Park, granting an extension to the lease term. (Nelson) Suggested Action: A year ago, MarineQuest and their lender, Plains Capital Bank, requested and were granted by City Council a 6 year extension to the term of their Ground Lease for Hidden Cove Park. This was to allow them to secure a USDA loan to refinance their existing loan and add funding for various capital improvements in the park. After Council granted that extension, the current lease was set to expire May 1, 2041. MarineQuest and Plains Capital have been waiting a year for USDA to finalize documents needed for the loan, and since the USDA requires a lease term of at least 20 years from the date of the new loan origination, they need another extension. The new loan closing date is expected to be in May of 2022, and in order to allow for any additional small delays, staff recommends the lease be extended to expire June 30th, 2042 to give them an additional month for closing, plus the 20 years needed. A list of proposed improvements to be completed with this funding is outlined in the attached letter from Plains Capital. MarineQuest is currently in compliance with the terms of their lease. Attachments: Plains Capital lease extension Request 2-28-22.pdf MQ- HCP Lease Ext Request- 3-2-22.docx Res. 2022-xxx Fourth Amendment with Marine Quest.docx The Colony-Marine Quest-Lease Agreement-4th Amendment.docx 37 38 39 Good Afternoon Pam, Well to say 2021 has been interesting is an understatement for sure! For some time now, Hidden Cove L.P. has been in the process of finalizing plans and funding for the additional development and improvement of Hidden Cove Park. Thank you for your efforts to secure the necessary extension last year as we felt certain the USDA program would go smoother than it did. As previously discussed, the bank requires the loan to be amortized for 20 years and because of the delays with USDA we need to refresh the extension. Please see attached letter from PlainsCapital Bank noting this requirement and requesting an extension to the current lease. The current lease in good through May 1, 2041 and will need revising to May 1, 2042. Our goal is to provide a safe and accessible experience for the surrounding communities, and we view this package, continued growth, and improvement of our facilities as vital to this goal. This will allow us to continue the upgrades to existing infrastructure and future development as spelled out in our development plans. I sincerely apologize for any inconvenience that this causes you, the Mayor and City Council. Please let me know if you need any further information. Thank you Marcel Bosworth Marine Quest Marinas 20488 Hackberry Creek Park Road Frisco, Texas 75034 469-535-3091 40 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO THE MARINE QUEST GROUNDLEASE, REAL PROPERTY, AND PERSONAL PROPERTY LEASE AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND MARINE QUEST - HIDDEN COVE, L.P., FOR EXTENSION OF THE LEASE TERM; 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 FourthAmendment to the Marine Quest Groundlease, Real Property, and Personal Property Lease Agreement by and between the City of The Colony, Texas, and Marine Quest -Hidden Cove, L.P., which is attached hereto as Exhibit A, for the purpose of extending the term of said lease. SECTION 2.That this Third Amendment, which is attached hereto as Exhibit A, is found to be acceptable and in the best interest of the City and its citizens, and the Mayor is hereby authorized to execute the Third Amendment on behalf of the City of The Colony, Texas, with the terms and conditions as stated therein. SECTION 3. This Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 22ND DAY OF MARCH 2022. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 41 Page 2 Exhibit A Fourth Amendment 42 MARINE QUEST GROUNDLEASE, REAL PROPERTY, AND PERSONAL PROPERTY LEASE AGREEMENT FOURTH AMENDMENT This Fourth Amendment to the Groundlease, Real Property, and Personal Property Lease Agreement (hereinafter referred to as the “Fourth Amendment”), by and between the City of The Colony, Texas, a Texas home-rule municipality (hereinafter referred to as the “City”) and Marine Quest – Hidden Cove, L.P., a Texas limited partnership (hereinafter referred to as “Lessee”), and each acting by and through their duly authorized representatives, agree as follows: RECITALS: WHEREAS,a lease was entered into on the 12th day of May, 2000, and replaced with lease on the 3rd day of July, 2008, by and between the U.S. Army Corps of Engineers, as lessor, and the City of The Colony, Texas, as lessee. This parcel of land, herein sometimes referred to as the “Corps Leased Premises,” identified as Hidden Cove Park, consists of 720+ acres and has been leased from the Corps by City; and WHEREAS,on January 3, 2005, City entered into a sublease with Lessees, (hereinafter referred to as the “Original Lease”) to lease a portion of said Corps Leased Premises so as to permit Lessees to construct and operate a multi-use recreational and service facility in accordance with an Original Development Agreement on said acreage as shown on the site plan for the Leased Premises; and WHEREAS,on January 10, 2005, City and Lessee entered into a First Amendment concerning the Original Lease; and WHEREAS,on January 20, 2015, City and Lessee entered into a Second Amendment concerning the Original Lease; and WHEREAS,on January 28, 2021, City and Lessee executed a Third Amendment concerning the Original Lease; and WHEREAS,Section 30.06 of the Original Lease provides for amendments to the Original Lease to be in writing and approved by the District Engineer; and WHEREAS,the parties now desire to amend the Original Lease as amended by the First Amendment and Second Amendment to address the Lease Term of the Original Lease. NOW THEREFORE, in consideration of the premises and the mutual covenants contained herein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the City and Lessee agree as follows: 43 Page 2 of 5 SECTION 1.FINDINGS INCORPORATED. The foregoing recitals are hereby incorporated into the body of this Fourth Amendment and shall be considered part of the mutual covenants, consideration and promises that bind the parties. SECTION 2.AMENDMENT TO ORIGINAL LEASE. (a)Amendment to Original Lease. That Section 1.01.I. of the Original Lease is amended to read as follows: “I. Initial Term: The term “Initial Term” shall mean a period beginning on the Lease Commencement Date and ending on June 30, 2042. However, the Initial Term shall be subject to the earlier termination of the Corps Lease and periodic modifications, renewals and/or extensions thereof.” SECTION 3.MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Fourth Amendment: (a)Amendments. This Fourth Amendment, together with any related documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Fourth Amendment. No alteration of or amendment to this Fourth Amendment shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. (b)Applicable Law and Venue. This Fourth Amendment shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. Venue for any action arising under this Fourth Amendment shall lie in the state district courts of Denton County, Texas. (c)Assignment. This Fourth Amendment may not be assigned without the express written consent of the other party. (d)Binding Obligation. This Fourth Amendment shall become a binding obligation on the signatories upon execution by all signatories hereto. Each of the parties represents to the others that the individual or individuals executing this Fourth Amendment on their behalf has full authority to execute this Fourth Amendment and bind the party for whom he or she is signing. (e)Caption Headings. Caption headings in this Fourth Amendment are for convenience purposes only and are not to be used to interpret or define the provisions of the Fourth Amendment. (f)Construction. All of the terms, conditions, and obligations of the Original Lease remain in full force and effect except where specifically modified by this Fourth Amendment. 44 Page 3 of 5 (g)Counterparts. This Fourth Amendment may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document. (h)Effective Date. The effective date (the “Effective Date”) of this Fourth Amendment shall be the date of the latter to execute this Fourth Amendment by and between the City and Lessee. (i)Governmental Functions. The parties acknowledge and agree that this Fourth Amendment arises out of and is entered into for the express purpose of providing the following governmental functions: public parks and recreational facilities, consistent with and as defined in Sections 101.0215(a)(13) and (23) of the Texas Civil Practices and Remedies Code, as amended. (j)Notice. Any notice or other communication required or permitted by this Fourth Amendment (hereinafter referred to as the “Notice”) is effective when in writing and (i) personally delivered either by facsimile (with electronic information and a mailed copy to follow) or by hand or (ii) three (3) days after notice is deposited with the U.S. Postal Service, postage prepaid, certified with return receipt requested, and addressed as follows: If intended for the City, to:With copy to: The City of The Colony, Texas Mr. Jeff Moore Attn: City Manager Brown & Hofmeister, LLP 6800 Main Street 740 East Campbell Road, #800 The Colony, Texas 75056 Richardson, Texas 75081 Facsimile (972) 624-2298 Facsimile (214) 747-6111 If intended for Lessee, to:With copy to: Marine Quest – Hidden Cove, L.P.Mr. Sam Burke Attn: Marcel Bosworth Wood, Thacker & Weatherly, P.C. 507 E. Dallas Road 400 W. Oak Street, Suite 310 Grapevine, Texas 76051 Denton, Texas 76201 (k)Severability. If a court of competent jurisdiction finds any provision of this Fourth Amendment to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Fourth Amendment in all other respects shall remain valid and enforceable. (l)Time is of the Essence. Time is of the essence in the performance of this Fourth Amendment. 45 Page 4 of 5 CITY: CITY OF THE COLONY, TEXAS A Texas home-rule municipality By: Richard Boyer, Mayor City of The Colony, Texas ATTEST: By: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: By: __________________________________ Jeff Moore, City Attorney CITY’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me on the ___ day of , 2022, by Richard Boyer, Mayor of the City of The Colony, Texas, a Texas home-rule municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas 46 Page 5 of 5 LESSEE: MARINE QUEST – HIDDEN COVE, L.P., a Texas limited partnership By: Marine Quest, Inc., it General Partner By: Name: Title: Date Signed: LESSEE’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF ________________§ This instrument was acknowledged before me on the ____ day of _____________, 2022, by ____________________, the _______________ of Marine Quest, Inc., being the General Partner of Marine Quest – Hidden Cove, L.P., a Texas limited partnership, for and on behalf of said limited partnership. _____________________________ Notary Public, State of Texas 47 Agenda Item No:4.5 CITY COUNCIL Agenda Item Report Meeting Date: March 22, 2022 Submitted by: David Coulon Submitting Department: Police Item Type: Miscellaneous Agenda Section: Subject: Police Department Annual Traffic Stop Report. (Coulon) Suggested Action: State law requires the Police Department to complete an Annual Traffic Stop Report. This form is created by the State and submitted electronically. The law also requires the department to submit a copy of the report to the City Council. Attachments: 2021 Police Department Traffic Stop Report.pdf 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: March 22, 2022 Submitted by: Jackie Kopsa Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute a grant request from Stewart Peninsula Golf Course to waive their 2022 ground lease fees to allow for reinvestment of those fees into infrastructure improvements at the golf course. (Kopsa) Suggested Action: Jaime Anderson, owner of Stewart Peninsula Golf Course, is again requesting the City to waive his Ground Lease fees ($10,000) for Stewart Peninsula Golf Course in order to reinvest those funds into infrastructure improvements for the golf course. This year, if approved, he is planning to spend the money on installing two inches of top layer asphalt on the south half of the parking lot to finish the parking lot improvements on that side. He used funds from last year's lease fee waiver to install recycled asphalt on the north half of the parking lot to improve the paving on that side, and will work to install two inches of asphalt on the north half, in the future, to complete the improvements on the entire parking lot. Attachments: Lease Waiver.pdf Res. 2022-xxx Stewart Peninsula Golf Course Annual Fee Reduction 1.doc 65 66 67 68 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 GRANT REQUEST FROM STEWART PENINSULA GOLF COURSE OF RENT REDUCTION FOR THEIR 2021 ANNUAL LEASE PAYMENT DUE TO EXTENSIVE INFRASTRUCTURE REPAIRS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City of The Colony desires to grant a request from Stewart Peninsula Golf Course to reduce up to $10,000 of their 2022 annual lease payment due to extensive infrastructure repairs; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The City Council hereby agrees to grant a request to reduce the 2022 annual $10,000 fixed minimum rent in exchange for said capital improvements. Section 2. This Resolution shall become effective immediately from and after its passage, as the law and charter in such cases provides. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ON THIS 22ND DAY OF MARCH 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 69 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: March 22, 2022 Submitted by: David Cranford Submitting Department: Finance Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute a publication of a Notice of Intention to issue Certificates of Obligation, including the adoption of a resolution pertaining thereto. (Miller) Suggested Action: Local Government Code requires 45 days notice in the paper of record and web site before debt issuances. This bond will not exceed $21.6 million to provide for 2021-22 approved CIP assets and projects. Attachments: Notice of Intent Publication Notice.pdf Res. 2022-xxx Notice of Intent 2022 Publication Notice.docx 70 71 RESOLUTION NO. 2022 - ______ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION. WHEREAS, the City Council of the City of The Colony, Texas (the “City”), has determined that certificates of obligation should be issued under and pursuant to the provisions of Texas Local Government Code, Subchapter C of Chapter 271, as amended, for the purpose of paying contractual obligations to be incurred for (i) constructing, improving and renovating streets, alleys, culverts and bridges, including drainage and erosion control, landscaping, screening walls, curbs, gutters, sidewalks, lighting, signage and traffic signalization incidental thereto and the acquisition of land and rights-of-way therefor, (ii) constructing, improving and equipping police, fire-fighting and animal control facilities, including the acquisition of vehicles, (iii) constructing, improving and equipping park and recreational facilities, (iv) acquisition and installation of software for the information technology department, (v) constructing, improving and equipping the City’s waterworks and sewer system and the acquisition of rights-of-way therefor, (vi) renovating, improving and equipping existing municipal buildings and (vii) professional services rendered in connection therewith; and WHEREAS,prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in a newspaper of general circulation in the City, said notice stating (i) the time and place the City Council tentatively proposes to pass the ordinance authorizing the issuance of the certificates, (ii) the maximum amount proposed to be issued, (iii) the purposes for which the certificates are to be issued and (iv) the manner in which the City Council proposes to pay the certificates; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1: That the City Secretary is hereby authorized and directed to cause notice to be published of the City Council’s intention to issue certificates of obligation, in one or more series, in the principal amount not to exceed TWENTY-ONE MILLION SIX HUNDRED THOUSAND DOLLARS ($21,600,000) for the purpose of paying contractual obligations to be incurred for (i) constructing, improving and renovating streets, alleys, culverts and bridges, including drainage and erosion control, landscaping, screening walls, curbs, gutters, sidewalks, lighting, signage and traffic signalization incidental thereto and the acquisition of land and rights-of-way therefor, (ii) constructing, improving and equipping police, fire-fighting and animal control facilities, including the acquisition of vehicles, (iii) constructing, improving and equipping park and recreational facilities, (iv) acquisition and installation of software for the information technology department, (v) constructing, improving and equipping the City’s waterworks and sewer system and the acquisition of rights-of-way therefor, (vi) renovating, improving and equipping existing municipal buildings and (vii) professional services rendered in connection therewith; such certificates to be payable from ad valorem taxes and a limited pledge of the surplus net revenues of the City’s waterworks and sewer system. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2: That the City Secretary shall cause the notice described above to be (i) published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least forty-six (46) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the Certificates and (ii) posted continuously on the City’s website for at least forty-five (45) days before the date stated therein for the passage of the ordinance authorizing the issuance of the Certificates. 72 105034553.1/10012036162 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ON THIS 22ND DAY OF MARCH 2022. ___________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _________________________________ Tina Stewart, TRMC, CMC, City Secretary City of The Colony, Texas (City Seal) 73 EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF THE COLONY, TEXAS CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of The Colony, Texas, shall convene at 6:30 p.m. on May 17, 2022, at its regular meeting place in City Hall located at 6800 Main Street, The Colony, Texas, and, during such meeting, the City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation, in one or more series, in an amount not to exceed TWENTY-ONE MILLION SIX HUNDRED THOUSAND DOLLARS ($21,600,000) for the purpose of paying contractual obligations to be incurred for (i) constructing, improving and renovating streets, alleys, culverts and bridges, including drainage and erosion control, landscaping, screening walls, curbs, gutters, sidewalks, lighting, signage and traffic signalization incidental thereto and the acquisition of land and rights-of-way therefor, (ii) constructing, improving and equipping police, fire-fighting and animal control facilities, including the acquisition of vehicles, (iii) constructing, improving and equipping park and recreational facilities, (iv) acquisition and installation of software for the information technology department, (v) constructing, improving and equipping the City’s waterworks and sewer system and the acquisition of rights-of-way therefor, (vi) renovating, improving and equipping existing municipal buildings and (vii) professional services rendered in connection therewith, such certificates to be payable from ad valorem taxes and a limited pledge of the surplus net revenues of the City’s waterworks and sewer system. In accordance with Texas Local Government Code Section 271.049, (i) the current principal amount of all of the City’s outstanding public securities secured by and payable from ad valorem taxes is $114,205,000; (ii) the current combined principal and interest required to pay all of the City’s outstanding public securities secured by and payable from ad valorem taxes on time and in full is $145,389,741; (iii) the estimated combined principal and interest required to pay the certificates of obligation to be authorized on time and in full is $31,580,000; (iv) the maximum interest rate for the certificates may not exceed the maximum legal interest rate; and (v) the maximum maturity date of the certificates to be authorized is August 15, 2042. The certificates are to be issued, and this notice is given, under and pursuant to the provisions of Texas Local Government Code, Subchapter C of Chapter 271, as amended. Tina Stewart, City Secretary City of The Colony, Texas 74 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: March 22, 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 Section 551.071 of the Texas Government Code to seek legal advice from the city attorney regarding pending litigation: City of The Colony, The Colony Hotel Development Corporation v. Ken Paxton, Attorney General of Texas, Glenn Hegar, Comptroller of Public Accounts of State of Texas, Cause No. D-1-GN-21-006079, in the 459th Judicial District Court, Travis County, Texas. B. Council shall convene into a closed executive session pursuant to Sections 551.087 of the Texas Government Code to deliberate 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: 75 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: March 22, 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 pending litigation: City of The Colony, The Colony Hotel Development Corporation v. Ken Paxton, Attorney General of Texas, Glenn Hegar, Comptroller of Public Accounts of State of Texas, Cause No. D-1-GN-21-006079, in the 459th Judicial District Court, Travis County, Texas. B. Any action as a result of executive session regarding 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: 76