HomeMy WebLinkAbout2022 0607Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: June 7, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
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Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: June 7, 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:
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Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: June 7, 2022
Submitted by: Joe Perez
Submitting Department: General Admin
Item Type: Discussion
Agenda Section:
Subject:
Receive a status update on The Colony's short term rental hot tax collection program implementation. (Perez)
Suggested Action:
Attachments:
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Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: June 7, 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. (Council)
Suggested Action:
Attachments:
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Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: June 7, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes from May 17, 2022. (Stewart)
Suggested Action:
Attachments:
May 17, 2022 DRAFT Minutes.docx
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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
MAY 17, 2022
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:31 p.m. on the 17
th day of May 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 (Personal)
Present
Present (Personal)
Present
Present
And with 5 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 Boyer called the meeting to order at 6:31 p.m.
1.2 Invocation
Pastor Steve Solari with Hope Community 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
Councilwoman Ensweiler announced early voting for the May 24th Primary Runoff
Election has started with voting May 16th - 20th from 7:00 a.m. to 7:00 p.m.
Councilman Wade announced that on this Saturday at the Truckyard in
Grandscape the "Dog Days of Summer Carnival" for The Colony Animal Services
will be from 12:00 p.m. to 5:00 p.m.
1.5.1 Receive presentation from the Library regarding upcoming events and activities.
Library Director, Megan Charters, provided upcoming events and activities to the
Council.
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City Council – Regular Meeting Agenda
May 17, 2022
Page| 2
2.0 CITIZEN INPUT
None
3.0 WORK SESSION
3.1 Council to provide direction to staff regarding future agenda items.
Councilwoman Ensweiler requested a future agenda item regarding short-term
rentals.
Councilman Marks asked about future commuter routes into the Dallas area. City
Manager, Troy Powell, responded on this item.
4.0 CONSENT AGENDA
Motion to approve items from the Consent Agenda with the exception of Agenda Items 4.5 and
4.6- Marks; second by Wade, motion carried with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes for May 3,
2022.
4.2 Consider approving a resolution accepting Joe Perez's resignation as the City of
The Colony's Denton County Transit Authority Representative and appointing
Jeremie Maurina to fill the position for the unexpiredterm through November 2022.
RESOLUTION NO. 2022-025
4.3 Consider approving a resolution authorizing the City Manager to amend the
contract language in Section 6 "General Services Support" of the 21/22 SPAN
Contract for Services.
RESOLUTION NO. 2022-026
4.4 Consider approving an ordinance budget amendment to increase the approved
Fiscal Year 2021-2022 Lake Parks Capital Improvement fund in the amount of
$145,000.00 for the Stewart Creek Park Erosion Repair project, with funding from
the Lake Parks Fund.
ORDINANCE NO. 2022-2476
4.5 Consider approving a resolution authorizing the City Manager to execute a
Professional Services Contract with Halff Associates, Inc. for the Stewart Creek
Park Erosion Repair Project in the amount of $103,225.00 with funding from the
Community Development Corporation.
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City Council – Regular Meeting Agenda
May 17, 2022
Page| 3
Motion to approve an amendment of the grant to reflect funding from the Lake Parks Fund
instead of the Community Development Corporation- Schrag; second by Marks, motion carried
with all ayes.
RESOLUTION NO. 2022-027
4.6 Consider approving a resolution authorizing the City Manager to approve a grant
in the amount $60,000.00 for the City's local share portion in a request for a State
of Texas Events Trust Fund Grant. The State of Texas will match the local share
by 6.25:1 ratio.
Motion to approve a change reflecting the cost from $60,000.00 to $67,774.40-Wade; second
by Marks, motion carried with all ayes.
RESOLUTION NO. 2022-028
5.0 REGULAR AGENDA ITEMS
5.1 Discuss and consider all matters incident and related to the issuance and sale of
"City of The Colony, Texas, Combination Tax and Limited Surplus Revenue
Certificates of Obligation, Series 2022", including the adoption of an ordinance
authoring the issuance of such certificates of obligation.
Jason Hughes with Hilltop Security outlined a summary of the Index of Municipal
Bonds. Mr. Hughes stated there were three (3) competitive bids as the lowest bid
from BOK Financial Services at $3.91 percent on a twenty-year term. Upon
Council approval of $20,375,000, the city will generate proceeds of $21,300,000
that will be delivered on June 16, 2022.
Motion to approve- Schrag; second by Ensweiler, motion carried with all ayes.
ORDINANCE NO. 2022-2477
5.2 Conduct a public hearing, discuss, and consider an ordinance adopting the
Standards of Care Policy for Day Camp Programs.
The public hearing opened and closed at 6:58 p.m. with no speakers present.
Motion to approve- Wade; second by Schrag, motion carried with all ayes.
ORDINANCE NO. 2022-2478
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City Council – Regular Meeting Agenda
May 17, 2022
Page| 4
Executive Session was convened at 7:00 p.m.
6.0 EXECUTIVE SESSION
6.1 A. Council shall convene into a closed executive session pursuant to Section
551.071 of the Texas Government Code to seek legal advice from the city attorney
regarding 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, 459th
Judicial District Court, Travis County, Texas.
B. 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).
Regular Session was reconvened at 7:58 p.m.
7.0 EXECUTIVE SESSION ACTION
7.1 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, 459th Judicial District Court, Travis County,
Texas.
No Action
B. 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).
No Action
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 7:58 p.m.
APPROVED:
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
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City Council – Regular Meeting Agenda
May 17, 2022
Page| 5
ATTEST:
_______________________________
Tina Stewart, TRMC, CMC
City Secretary
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Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: June 7, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Expenditures
Agenda Section:
Subject:
Consider approving Council expenditures for April 2022. (Council)
Suggested Action:
Attachments:
Council Expenditures for April 2022.pdf
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Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: June 7, 2022
Submitted by: David Cranford
Submitting Department: Finance
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to deny Oncor Electric Delivery Company LLC's
requested rate change. (Cranford)
Suggested Action:
The Steering Committee of Cities Served by Oncor has advised the City to deny Oncor's request for a $251
million increase in revenues until the request can be fully examined.
Attachments:
2022 Oncor RC Suspension Resolution Model Staff Report.doc
Res. 2022-xxxx Oncor Denial 2022.doc
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1669/35/8401695.11
MODEL STAFF REPORT
***ACTION MUST BE TAKEN TO SUSPEND THE EFFECTIVE DATE ON OR
BEFORE JUNE 17, 2022***
PURPOSE
Oncor Electric Delivery Company ("Oncor" or "the Company") filed an application on or
about May 13, 2022 with cities retaining original jurisdiction seeking to increase system-wide
transmission and distribution rates by about $251 million or approximately 4.5% over present
revenues. The Company asks the City to approve an 11.2% increase in residential rates and a
1.6% increase in street lighting rates. If approved, a residential customer using 1,300 kWh per
month would see a bill increase of about $6.02 per month.
The resolution suspends the June 17, 2022 effective date of the Company's rate increase
for the maximum period permitted by law to allow the City, working in conjunction with the
Steering Committee of Cities Served by Oncor, to evaluate the filing, determine whether the
filing complies with law, and if lawful, to determine what further strategy, including settlement,
to pursue.
The law provides that a rate request made by an electric utility cannot become effective
until at least 35 days following the filing of the application to change rates. The law permits the
City to suspend the rate change for 90 days after the date the rate change would otherwise be
effective. If the City fails to take some action regarding the filing before the effective date,
Oncor's rate request is deemed administratively approved.
DISCUSSION
The City of ____________ is a member of a 169-city coalition known as the Steering
Committee of Cities Served by Oncor ("Steering Committee"). The Steering Committee has
been in existence since the late 1980s. It took on a formal structure in the early 1990s when
cities served by the former TXU gave up their statutory right to rate case expense reimbursement
in exchange for higher franchise fee payments. Empowered by city resolutions and funded by
per capita assessments, the Steering Committee has been the primary public interest advocate
before the Public Utility Commission, the Courts, and the Legislature on electric utility
regulation matters for the last 30 years.
Although Oncor has increased rates many times over the past few years, this is the first
comprehensive base rate case for the Company since March 2017.
Explanation of "Be It Resolved" Paragraphs:
Section 1. The City is authorized to suspend the rate change for 90 days after the date
that the rate change would otherwise be effective for any legitimate purpose. Time to study and
investigate the application is always a legitimate purpose. Please note that the resolution refers
to the suspension period as “the maximum period allowed by law” rather than ending by a
specific date. This is because the Company controls the effective date and can extend the
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deadline for final city action to increase the time that the City retains jurisdiction if necessary to
reach settlement on the case. If the suspension period is not otherwise extended by the
Company, the City must take final action on Oncor's request to raise rates by June 17, 2022.
Section 2. This provision authorizes the Steering Committee, consistent with the City's
resolution approving membership in the Steering Committee, to act on behalf of the City at the
local level in settlement discussions, in preparation of a rate ordinance, on appeal of the rate
ordinance to the PUC, and on appeal to the Courts. Negotiating clout and efficiency are
enhanced by the City cooperating with the Steering Committee in a common review and
common purpose. Additionally, rate case expenses are minimized when the Steering Committee
hires one set of attorneys and experts who work under the guidance and control of the Executive
Committee of the Steering Committee.
Section 3. The Company will reimburse the Steering Committee for its reasonable rate
case expenses. Legal counsel and consultants approved by the Executive Committee of the
Steering Committee will submit monthly invoices that will be forwarded to Oncor for
reimbursement. No individual city incurs liability for payment of rate case expenses by adopting
a suspension resolution.
Section 4. This section merely recites that the resolution was passed at a meeting that
was open to the public and that the consideration of the Resolution was properly noticed.
Section 5. This section provides that both Oncor and Steering Committee counsel will be
notified of the City’s action by sending a copy of the approved and signed resolution to certain
designated individuals.
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1669/35/8401699.1
CITY OF THE COLONY
RESOLUTION NO. 2022 - _______
RESOLUTION OF THE CITY OF THE COLONY
SUSPENDING THE JUNE 17, 2022 EFFECTIVE DATE OF
ONCOR ELECTRIC DELIVERY COMPANY’S
REQUESTED RATE CHANGE TO PERMIT THE CITY
TIME TO STUDY THE REQUEST AND TO ESTABLISH
REASONABLE RATES; APPROVING COOPERATION
WITH THE STEERING COMMITTEE OF CITIES SERVED
BY ONCOR TO HIRE LEGAL AND CONSULTING
SERVICES AND TO NEGOTIATE WITH THE COMPANY
AND DIRECT ANY NECESSARY LITIGATION AND
APPEALS; FINDING THAT THE MEETING AT WHICH
THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC
AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS
RESOLUTION TO THE COMPANY AND LEGAL
COUNSEL FOR THE STEERING COMMITTEE
WHEREAS, on or about May 13, 2022, Oncor Electric Delivery Company (Oncor),
pursuant to PURA §§ 33.001 and 36.001 filed with the City of The Colony a Statement of Intent
to increase electric transmission and distribution rates in all municipalities exercising original
jurisdiction within its service area effective June 17, 2022; and
WHEREAS, the City of The Colony is a member of the Steering Committee of Cities
Served by Oncor (“Steering Committee”) and will cooperate with the 169 similarly situated city
members and other city participants in conducting a review of the Company’s application and to
hire and direct legal counsel and consultants and to prepare a common response and to negotiate
with the Company prior to getting reasonable rates and direct any necessary litigation; and
WHEREAS, PURA § 36.108 grants local regulatory authorities the right to suspend the
effective date of proposed rate changes for ninety (90) days after the date the rate change would
otherwise be effective; and
WHEREAS, PURA § 33.023 provides that costs incurred by Cities in ratemaking
proceedings are to be reimbursed by the regulated utility.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS:
1.That the June 17, 2022 effective date of the rate request submitted by Oncor on or
about May 13, 2022, be suspended for the maximum period allowed by law to permit adequate
time to review the proposed changes and to establish reasonable rates.
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2.As indicated in the City’s resolution approving membership in the Steering
Committee, the Executive Committee of Steering Committee is authorized to hire and direct
legal counsel and consultants, negotiate with the Company, make recommendations regarding
reasonable rates, and to intervene and direct any necessary administrative proceedings or court
litigation associated with an appeal of a rate ordinance and the rate case filed with the City or
Public Utility Commission.
3.That the City’s reasonable rate case expenses shall be reimbursed by Oncor.
4.That it is hereby officially found and determined that the meeting at which this
Resolution is passed is open to the public as required by law and the public notice of the time,
place, and purpose of said meeting was given as required.
5.A copy of this Resolution shall be sent to Oncor, Care of Howard V. Fisher,
Oncor Electric Delivery Company LLC, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202
and to Thomas Brocato, Counsel to the Steering Committee, at Lloyd Gosselink Rochelle &
Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 7TH DAY OF JUNE 2022.
____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeff Moore, City Attorney
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Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: June 7, 2022
Submitted by: Tina Stewart
Submitting Department: Finance
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the Mayor to amend the authorized representative to Texpool.
(Cranford)
Suggested Action:
Attachments:
Res. 2022-xxx Texpool Resolution Amendment.pdf
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Agenda Item No:4.5
CITY COUNCIL Agenda Item Report
Meeting Date: June 7, 2022
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving an ordinance budget amendment to increase the approved Fiscal Year 2021-22 General
Fund budget by $50,100.00 for additional Building Code and Energy Code Plan Reviews and Building Inspection
Services to be performed by Building Code Consulting Services, LLC. (Hartline)
Suggested Action:
Background:
The City uses Building Code Consulting Services, LLC (BCCS) to assist with Building Code and Energy Code
Plan Reviews and Building Inspection services for development projects. Due to a resignation by the Building
Official and increased development that is occurring in The Colony this year, additional plan review and building
inspection services are needed from BCCS.
Staff is requesting that an additional $50,100.00 be allocated for additional services from BCCS in the Fiscal
Year 2021-2022 General Fund budget. Allocating these additional funds for BCCS will allow staff to continue
using BCCS to perform Building Code and Energy Code Plan Reviews and Building Inspection services for
upcoming new development projects and will also provide as-needed plan review services until a new Building
Official is hired.
Recommendations:
Staff recommends approval of a resolution to approve a budget amendment to increase the approved Fiscal
Year 2021-22 General Fund budget by $50,100.00 for additional Building Code and Energy Code Plan Reviews
and Building Inspection Services to be performed by Building Code Consulting Services, LLC.
Attachments:
Financial Summary
Ord. 2022-xxxx 2021-2022 Budget Amendment for BCCS.doc
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FINANCIAL SUMMARY:
Are budgeted funds available: Yes No Budget Amendment Requested $50,100.00
Source of Funds: 2021-2022 General Fund
Cost of recommended budget increase: $50,100.00
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2021 - ________
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 THE GENERAL FUND 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 General Fund budget by $50,100.00 for additional Building Code and Energy Code Plan
Reviews and Building Inspection Services performed by Building Code Consulting Services,
LLC.
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 General Fund 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
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the 7th day of September, 2021, be and is hereby amended as set forth 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 General Fund budget is to be increased by an amount not to exceed $50,100.00.
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.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 7TH DAY OF JUNE 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
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Agenda Item No:4.6
CITY COUNCIL Agenda Item Report
Meeting Date: June 7, 2022
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute Contract Amendment #2 in the amount
of $50,100.00 with Building Code Consulting Services, LLC. for additional Building Code and Energy Code Plan
Review and Building Inspection Services. (Hartline)
Suggested Action:
Background:
The City uses Building Code Consulting Services, LLC (BCCS) to assist with Building Code and Energy Code
Plan Reviews and Building Inspection services for development projects. Due to the recent resignation of the
city Building Official and increased development that is occurring in The Colony this year, additional services
are needed from BCCS. Contract Amendment #2 will increase the contract funding for BCCS by $50,100.00 to
a total contract amount of $100,000.00.
Purpose:
To authorize a Contract Amendment for additional Building Code and Energy Code Plan Reviews and Building
Inspection services for upcoming development projects until a new Building Official is hired.
Recommendations:
Staff recommends approval of Contract Amendment #2 with Building Code Consulting Services, LLC. for
additional Building Code and Energy Code Plan Reviews and Building Inspection services for development
projects.
Attachments:
Contract Amendment #2
Financial Summary
Res. 2022-xxx Building Code Consulting Services LLC Contract Amendment #2.doc
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FINANCIAL SUMMARY:
Are budgeted funds available: Yes No Amount budgeted/available: $210,000.00
Fund(s) (Name and number): 100-669-6210
Source of Funds: Annual Budget for Engineering FY 2021-2022
Cost of recommended bid/contract award: $50,100.00
Total estimated project cost:
$ 25,000.00 Building Plan Review/Inspection services Already authorized Yes No
$ 24,900.00 Contract Amendment #1 Already authorized Yes No
$ 50,100.00 Contract Amendment #2 Already authorized Yes No
$ 0.00 Other costs (N/A)
$ 100,000.00 Total estimated costs
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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 CONTRACT AMENDMENT #2 BETWEEN THE CITY OF
THE COLONY AND BUILDING CODE CONSULTING SERVICES, LLC;
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 hereby authorizes the
City Manager to approve Contract Amendment #2 with Building Code Consulting Services, LLC
in the amount of $50,100.00 for the additional Building Code and Energy Code Plan Reviews
and Building Inspections; and
Section 2. The City Manager or his designee is authorized to execute the agreement on
behalf of the City of The Colony, Texas.
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 17th day of June 2022.
ATTEST:_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
_____
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
_____
Jeff Moore, City Attorney
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Agenda Item No:4.7
CITY COUNCIL Agenda Item Report
Meeting Date: June 7, 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 Construction Services Contract in
the amount of $ 237,432.00 with Roadway Solutions, Inc. for the North Colony Boulevard Pedestrian Hybrid
Beacon Project. (Hartline)
Suggested Action:
Background:
This project was included as a budgeted CIP project in the fiscal year 2021-2022 budget and will involve the
installation of a complete solar-powered Pedestrian Hybrid Beacon west of the intersection of North Colony
Boulevard and Power Street. This pedestrian signal will allow pedestrians using the City Park Trail to safely
cross Paige Road at a signalized pedestrian crossing and will be similar to the design of the Pedestrian Hybrid
Beacon recently completed on Paige Road.
The project bids were opened on May 5, 2022 and the low bidder was Roadway Solutions, Inc. at a cost of
$237,432.00. Halff Associates, Inc. verified the bid summary and has checked provided references for
Roadway Solutions, Inc. Halff Associates, Inc. received positive feedback regarding the performance of this
firm and recommends approval of the contract with this company. In addition, this firm also installed the traffic
signals at Fire Station #5 and the Memorial Drive/ Standridge Drive intersection for the city.
Recommendation:
Staff recommends approval of a Construction Services Contract with Roadway Solutions, Inc. in the amount of
$ 237,432.00 to install a Pedestrian Hybrid Beacon on North Colony Boulevard. With approval, the project is
anticipated to start construction in July 2022 with an estimated completion date in May 2023. It will take
approximately 8 to 9 months of the overall construction time for the poles and mast arms to be manufactured
due to current manufacturing supply demands.
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Attachments:
Certified Bid Tabulation
Engineering Recommendation Letter
Location Map
Financial Summary
Res. 2022-xxx Rodaway Solutions Inc. Services Contract.docx
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Powe
r
s
Sagers
T
a
y
l
o
r
Baker
Ramsey
King
Perrin
Tyler
Twitty
SquiresUsherScott
PettitFosterRutledge
PruittGates Morning StarW
o
o
d
l
a
n
d
sPaige
Location MapNorth Colony Boulevard Pedestrian Hybrid Beaconµ
Pedestrian Hybrid Beacon Crossing
49
FINANCIAL SUMMARY:
Are budgeted funds available: Yes No Amount budgeted/available: $ 290,000.00
Fund(s) (Name and number): 825-659-6672-2232
Source of Funds:
2021-2022 CDC Capital Expenditures ($ 240,000.00)
Excess Project Funds – Ordinance 2021-2476 to 2021-2022 CDC Capital Expenditures ($ 50,000.00)
Cost of recommended bid/contract award: $237,432.00
Total estimated project cost:
$ 48,180.00 Engineering Already authorized Yes No
$ 237,432.00 Construction Services Already authorized Yes No
$ 285,612.00. Total estimated costs
50
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 CONSTRUCTION SERVICES CONTRACT BETWEEN THE
CITY OF THE COLONY AND ROADWAY SOLUTIONS, INC., FOR THE
NORTH COLONY BOULEVARD PEDESTRIAN HYBRID BEACON
PROJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best interest of the citizens
to award a bid to Roadway Solutions, Inc., for the North Colony Boulevard Pedestrian Hybrid
Beacon; and
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.That the City Manager of the City of The Colony, Texas is hereby awards a bid to
RODAYWAY SOLUTIONS, INC., in the amount of $237,432.00 for such work.
Section 2. That 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 7TH DAY OF JUNE 2022.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
______
Jeff Moore, City Attorney
51
Agenda Item No:4.8
CITY COUNCIL Agenda Item Report
Meeting Date: June 7, 2022
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute an Engineering Services Contract in
the amount of $ 186,900.00 with HDR Engineering Inc. to prepare construction plans and specifications for the
Wastewater Pipe Crossing Replacement at Office Creek Channel and adding a Wastewater Pipe Creek
Crossing near Reagan Place. (Hartline)
Suggested Action:
Background:
City Council approved funding for the Wastewater Pipe Crossing Replacement at Office Creek Channel and
adding a Wastewater Pipe Creek Crossing near Reagan Place in the 2021-2022 budget.
Wastewater Pipe Crossing Replacement at Office Creek Channel:
It is a standard practice to install a steel casing on a sewer pipe located in a creek area to reduce the risk of the
pipe washing out and discharging wastewater into the creek. This type of casing needs to be installed on an
8-inch wastewater pipe at Office Creek near FM 423/Main Street to protect the pipeline.
Wastewater Pipe Creek Crossing near Reagan Place:
Approximately 450 feet of 24-inch cast iron wastewater pipe near Reagan Place is exposed in the creek and
needs to be replaced. This cast iron pipe will be replaced during the project and an aerial crossing will be
installed across and over the creek to protect the pipeline from potential future washouts.
The design contract includes data collection, environmental studies, geotechnical investigations, topographic
mapping, subsurface utility engineering, field services, preparing construction plans and specifications,
coordination with United States Army Corps of Engineers (USACE), bidding assistance and construction
management services. The total cost of the contract with HDR Engineering, Inc. is $ 186,900.00.
Each creek crossing will be bid as separate construction packages. The Office Creek wastewater pipe
crossing is anticipated to be bid in December 2022 with an estimated completion date of September 2023. The
wastewater pipe crossing near Reagan Place is anticipated to be bid by June 2023 after USACE easements
are acquired.
Recommendation:
Staff recommends approval of the design contract with HDR Engineering, Inc. for the Wastewater Pipe
Crossing Replacement at Office Creek Channel and Wastewater Pipe Creek Crossing Project near Reagan
Place in the amount of $ 186,900.00.
52
Attachments:
Location Map
Contract Scope of Services
Financial Summary
Res. 2022-xxx HDR Engineering Professional Services Agreement.doc
53
MainPaigeM em orialSH 121Nash
Blair OaksFryerBaker
Plano
Ragan
South ColonyFoxKeys
Norris
Nor th Colony
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Rice
Roberts
Arbor GlenEthridgeWorley
GatesElm TaylorSam Rayburn TollwayN e w t o nMalone
Tu r ne rTrego
CurryBig River
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GlenviewJoyNervin
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AveryPemberton
Adams
C a l d w e l l WilcoxGibson LongoKno x
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StandridgeD r i s c o l l
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John YatesPearceKnightIola
AshlockElliotWagner
La k e s id e
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Clover Valley MarlarStanley NorthpointeBrandenburg
H e t h e r i n g t o n
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Russell
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Bedford
StewartShannon
Walker
Wheeler Sagers
BartlettLake Highlands
Rutledge
SH 121 On RampBuckskin
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TittleCook WilshireWatson
Fisher
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G a r v i n
Westwood
Acacia
Sarasota
Wampler
Foxfire
BAY DE VIEUX
Blue GlenAsh Glen
U s h e r
Lake Ridge Fall RiverHigh CliffFosterEvans
Wi n d w a r d
N e w p o r t
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MerrellHeron CoveH a c k n e y
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Pear RidgeMel
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Marks
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Santa FeAtterbury
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Keller
Bl
aynesHannaSt And r ews
Latimer
R u s t i c R i d g e
Chowning
Juniper MainPlanoPaigeMemorial SH 121 On Ram pSH 121µLocation MapWastewater Pipe Crossing Replacement at Office Creek Channel and Wastewater Pipe Creek Crossing near Reagan Place..
Wastewater Pipe Creek Crossingnear Reagan Place
Existing City Park
Wastewater Pipe Crossing at Office Creek Channel
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
FINANCIAL SUMMARY:
Are budgeted funds available: Yes
Amount budgeted/available: $ 120,000.00 (Wastewater Pipe Crossing Replacement at Office Creek Channel )
$ 400,000.00 (Wastewater Pipe Creek Crossing near Reagan Place)
Fund(s) (Name and number):
Wastewater Pipe Crossing Replacement at Office Creek Channel Fund 895-662-6660 Project Number 2278
Wastewater Pipe Creek Crossing near Reagan Place Fund 895-669-6422 Project Number 2279
Source of Funds: 2021-2022 Capital Outlay Bond Proceeds
Cost of recommended contract award: $ 186,900.00
Total estimated project cost:
$ 186,900.00 Engineering Already authorized Yes No
$ 186,900.00 Total estimated costs
72
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 FOR PROFESSIONAL
SERVICES WITH HDR ENGINEERING INC., TO PREPARE
CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE
WASTEWATER PIPE CROSSING REPLACEMENT AT OFFICE
CREEK CHANNEL AND ADDING A WASTEWATER PIPE
CREEK CROSSING NEAR REAGAN PLACE; PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1.That the City Council of the City of The Colony, Texas, has duly
reviewed and considered the agreement for the Wastewater Pipe Crossing Replacement
at Office Creek Channel and adding a Wastewater Pipe Creek Crossing near Reagan
Place by and between the City of The Colony and HDR Engineering, Inc. for the
purpose of providing engineering services during construction.
Section 2. That this agreement is found to be acceptable and in the best interest
of the City and its citizens, and the City Manager is hereby authorized to execute the
agreement on behalf of the City of The Colony, Texas, with the terms and conditions as
stated therein.
Section 3. That with this Amendment the City of The Colony is agreeing to
pay the sum not to exceed $186,900.00 for such work.
Section 4.That this resolution shall take effect immediately from and after
its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, THIS 7TH DAY OF JUNE 2022.
__________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
73
APPROVED AS TO FORM:
_____________________________________
Jeff Moore, City Attorney
74
Agenda Item No:4.9
CITY COUNCIL Agenda Item Report
Meeting Date: June 7, 2022
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute Engineering Services Contract
Amendment #1 in the amount of $ 187,070.00 with Birkhoff, Hendricks & Carter, L.L.P. for the Squires Drive
8-inch Waterline Replacement and Vaden Street 8-inch Waterline Extension. (Hartline)
Suggested Action:
Summary of Request:
City Council approved funding for this project in the 2021/2022 CIP budget. The original design project included
the replacement of approximately 3,000 linear feet of 8-inch ductile iron water pipe along Squires Drive to
Underwood Drive and extending the Vaden Street 8-inch dead-end water line to Taylor Street to provide a
looped connection to assist in providing better water quality in this area.
After further investigation of Squires Drive by the engineering firm, the current roadway pavement along the
length of the original waterline project was determined to be in very poor condition in numerous areas where the
water line would be replaced. Due to numerous asphalt patches, vertical panel movement and extensive
cracking, the engineering firm recommends that the street be replaced to avoid incurring excessive pavement
repair costs in the areas removed for the pipeline trench cuts.
The portion of Squires Drive from Taylor Street to 5412 Squires Drive was already listed on the CIP roadway
reconstruction list and would have been scheduled for reconstruction sometime in the next few years.
Therefore, city staff recommends that the street reconstruction design process now be completed for this
roadway with this waterline project.
The reconstruction of Squires Drive from 5412 Squires Drive to Taylor Street will be designed to the same
width as existing with 6–inch reinforced concrete pavement and include concrete sidewalk replacement.
Various street panel replacements along Squires Drive from Taylor Street to Underwood Drive will also be
included in the design services for this project. Storm drains, wastewater mains and street lights will also be
included in the design services for this project.
The additional design services will include surveying, preparing construction plans and specifications,
construction management services and performing a drainage analysis west of Taylor Street including storm
sewer network improvements, as needed. The Squires Drive pavement reconstruction plans and specifications
will be combined with the Squires Drive 8-inch waterline replacement portion of the original approved design
project. The total cost of the contract amendment is $ 187,070.00. With approval, the project is anticipated to
start construction in February 2023 with an estimated completion in January 2024.
Recommendation:
75
Staff recommends approval of the Contract Amendment 1 in the amount of $ $187,070.00 with Birkhoff,
Hendricks & Carter, L.L.P. for the Squires Drive 8-inch Waterline Replacement and Vaden Street 8-inch
Waterline Extension project.
Attachments:
Location Map
Contract Amendment 1
Financial Summary
Photo 1
Photo 2
Photo 3
Photo 4
Res. 2022-xxx Birkhoff Hendricks Carter Engineering Services Amendment No 1.doc
76
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Nash
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Bedford
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Squires Drive Street Reconstruction and 8-inch Wat erline Replacement
Existing City Park
77
78
79
80
81
82
83
84
85
86
87
88
FINANCIAL SUMMARY:
Are budgeted funds available: Yes
Amount budgeted/available: $ 600,000.00 (Squires Drive 8-inch Waterline Replacement)
$ 50,000.00 (Vaden Street 8-inch Waterline Extension)
Fund(s) (Name and number):
Squires Drive 8-inch Waterline Replacement: Fund: 895-669-6422 Project number: 2276
Vaden Street 8-inch Waterline Extension: Fund: 865-661-6660 Project Number 2277
Source of Funds: 2021-2022 Capital Outlay Bond Proceeds
Cost of recommended Contract Amendment 1 award: $ 187,070.00
Total estimated project cost:
$ 67,780.00 Engineering Already authorized Yes No
$ 187,070.00 Contract Amendment 1 (Engineering) Already authorized Yes No
$ 254,850.00 Total estimated costs
89
90
91
92
93
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 FOR PROFESSIONAL
SERVICES CONTRACT AMENDMENT #1 WITH BIRKHOFF,
HENDRICKS & CARTER L.L.C. FOR THE SQUIRES DRIVE 8-
INCH WATERLINE REPLACEMENT AND VADEN STREET 8-
INCH WATERLINE EXTENSION PROJECT; PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1.That the City Council of the City of The Colony, Texas, has duly
reviewed and considered the agreement for Professional Services Contract Amendment
#1 by and between the City of The Colony and Birkhoff, Hendricks & Carter, L.L.C.,
for the Squires Drive 8-inch Waterline Replacement and Vaden Street 8-inch Waterline
Extension Project.
Section 2. That this agreement is found to be acceptable and in the best interest
of the City and its citizens, and the City Manager is hereby authorized to execute the
agreement on behalf of the City of The Colony, Texas, with the terms and conditions as
stated therein.
Section 3. That with this Amendment the City of The Colony is agreeing to
pay the sum not to exceed $187,070.00 for such work.
Section 4.That this resolution shall take effect immediately from and after
its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, THIS 7TH DAY OF JUNE 2022.
__________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
94
APPROVED AS TO FORM:
_____________________________________
Jeff Moore, City Attorney
95
Agenda Item No:4.10
CITY COUNCIL Agenda Item Report
Meeting Date: June 7, 2022
Submitted by: Tina Stewart
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Professional Services Agreement
with Team One Integration, LLC in the amount of $73,800.00 for design of equipment foundation, electrical
instrumentation and control for onsite Hypochlorite Generation and Disinfectant Control System project for
water towers at 5260 North Colony and 5033 Clover Valley. (Whitt)
Suggested Action:
Attachments:
EST1 and EST2 Onsite Hypochlorite Generation Scope and Fee - v0.pdf
EST1 and EST2 Onsite Hypochlorite Generation Propose Schedule v0.pdf
PSA - EST1 and EST2 Onsite Hypochlorite Generation - Team One Contract.doc
Res. 2022-xxx Team One Integration LLC Water Towers.doc
96
ES T 1andES T 2O nsiteHypochloriteGenerationS copeandFee-v0.docx P age1of3
ExhibitA
S c ope ofW ork
ES T1 and ES T2 O nsite H ypoc hlorite Generation
C ityofThe C olony, Texas
S c ope ofW ork
M ay05, 2022
Project Goal
P rovidesES T 1andES T 2 O nsiteHypochloriteGenerationcontractdocumentationforCityofT heColony
forbiddingandconstructionpurposesoftheonsitehypochloritegenerationequipment.O nsite
HypochloritevendorU GS IS olutionswillprovideonsitehypochloritegenerationequipmentandbuilding
design.T eam O neintegrationwillprovidepowerfeedandbuildingfoundationdesignforcontractor.
Electrical
Allnew undergroundconduitswillbedirectbury(regularsoilback-fillnotconcreteencase).
Instrumentation and Controls
ES T 2andP S 1 P LC willcommunicatedirectlywiththeO nsiteHypochloriteGenerationpackage
system controllerviafiberopticandmanagedEthernetswitches.
Structural
FoundationdesignthatutilizesHelicalP ierandpre-castconcretefoundationforHypochlorite
Generationpackagesystem andassociatedbuilding
U ndergroundelectricalandwaterfeed
SCADA System Programming
P rovideES T 1 andES T 2W aterQ ualityS CADA programmingthatmatchesexistingCity’sS CADA
standardforES T 3.
Exceptions
O nsiteHypochloriteGenerationpackagesystem design
ES T 2 GeotechnicalR eport,forES T 1 wewillutilizetheexistingP S 1GeotechnicalR eport
developedduringtheE&IC upgradeproject.
Deliverables
DesignP haseP rofessionalS ervices
o 100% S pecificationsandContractDrawings
BidP haseP rofessionalS ervices
97
ES T 1andES T 2O nsiteHypochloriteGenerationS copeandFee-v0.docx P age2of3
ConstructionP haseandS CADA S ystem P rogrammingP rofessionalS ervices
Fees
Basedonourunderstanding,T eam O neIntegrationwillperform abovescopeofworkwithalumpsum
feeof$73,800.
98
ES T 1andES T 2O nsiteHypochloriteGenerationS copeandFee-v0.docx P age3of3
City of The Colony, Texas
EST1 and EST2 Onsite Hypochlorite Generation
A. Fee Schedule
TA S KS TotalL abor
H ou rs $
A.EST1 and EST2 Onsite Hypochlorite Generation Detailed Design
1. P rogress M eetings (4)32 $4, 8 00
2. C onstru c tion Drawings 8 0 $12, 000
3. S pec ific ations 40 $6, 000
4. Q A /Q C , C lientReviews (2)12 $1, 8 00
5. O NC O R C oord ination 24 $3, 600
6. P rojec tM gt.32 $4, 8 00
Task Total 220 $33, 000
B.Advertisement Services
1. P rebid A ssistanc e 40 $6, 000
2. P rebid M eetings (2)24 $3, 600
3. C onformed Doc u mentP reparation 24 $3, 600
Task Total 8 8 $13, 200
B.Construction Services
1. GeneralA d ministration 40 $6, 000
2. Field O bservation and Review (6)48 $7 , 200
3. C lose-O u tP hase 24 $3, 600
Task Total 112 $16, 8 00
C.Programming Services
1. ES T1 and ES T2 H M Iand P L C P rogramming 120 $18 , 000
2. S tartu pand C ommissioning 40 $6, 000
Task Total 160 $24, 000
Total 492 $7 3, 8 00
99
ID Task
Mode
Task Name Duration Start Finish Predecessors
1 Contract Processing 31 days Fri 5/13/22 Fri 6/24/22
2 Design Phase Foundation and Electrical 45 days Mon 6/27/22 Fri 8/26/22 1
3 Bid Phase 31 days Mon 8/29/22 Mon 10/10/22 2
4 Construction Phase (UGSI Building and
Equipment)
183 days Tue 10/11/22 Thu 6/22/23 3
5 Project Closeout Phase 31 days Fri 6/23/23 Fri 8/4/23 4
T W T F S S M T W
May 1, '22 May 8, '22
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
Exhibit B
EST1 and EST2 Onsite Hypochlorite Generation Propose Schedule
Page 1
Project: Pump Station 2 (PS2) E
Date: Fri 5/13/22
100
CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 1
STATE OF TEXAS §CITY OF THE COLONY,TEXAS
§AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF DENTON §
This Agreement for Professional Services (“Agreement”) is made by and between the City
of The Colony, Texas, a municipal corporation located in Denton County, Texas (“City”), and
Team One Integration, LLC. (“Professional”) (individually, each a “Party” and collectively,
“Parties”), acting by and through the Parties’ authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, Professional desires to render professional services for City EST1 and EST2
Onsite Hypochlorite Generation (“Project”) in accordance with the terms and conditions set forth in
this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor all services under this Agreement to
the prevailing professional standards consistent with the level of care and skill ordinarily exercised
by members of Professional’s profession, both public and private, currently practicing in the same
locality under similar conditions including but not limited to the exercise of reasonable, informed
judgments and prompt, timely action. If Professional is representing that it has special expertise in
one or more areas to be utilized in the performance of this Agreement, then Professional agrees to
perform those special expertise services to the appropriate local, regional and national professional
standards.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto (the “Effective Date”) and shall continue until completion of the services provided by
Professional to City under this Agreement.
2.2 Professional may terminate this Agreement by giving thirty (30) days prior written
notice to City. In the event of such termination by Professional, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination.
101
CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 2
2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination. Upon receipt of such notice from City, Professional shall immediately
terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or
materials in connection with this Agreement and shall proceed to promptly cancel all existing
contracts insofar as they are related to this Agreement.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference, entitled “Scope of Work”. In case of conflict with the
language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement shall
control.
3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
3.3 Schematic Design Documents, Design Development Documents, Contract
Documents, Drawings, Plans, Specifications and other documents, including those in electronic
form, prepared by Professional and its consultants, agents, representatives, and/or employees in
connection with the Project (“Project Documents”) are intended for the use and benefit of City.
Professional and its consultants, agents, representatives, and/or employees shall be deemed the
authors of their respective part of said Project Documents. Notwithstanding the foregoing, City
shall own, have, keep and retain all rights, title and interest in and to all Project Documents,
including all ownership, common law, statutory, and other reserved rights, including copyrights, in
and to all such Project Documents, whether in draft form or final form, which are produced at
City’s request and in furtherance of this Agreement or for the Project. City shall have full authority
to authorize contractor(s), subcontractors, sub-subcontractors, City consultants, and material or
equipment suppliers to reproduce applicable portions of the Project Documents to and for use in
their execution of the work or for any other purpose. All materials and reports prepared by
Professional in connection with this Agreement are “works for hire” and shall be the property of
City. Professional shall, upon completion of the services provided under this Agreement, or upon
earlier termination of this Agreement, provide City with reproductions of all materials, reports, and
exhibits prepared by Professional pursuant to this Agreement, and shall provide same in electronic
format if requested by City. Any re-use of the Project Documents by the City on any other project
not contemplated or included under this Agreement shall be at the City’s sole risk, without liability
to Professional.
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City (the “Work Schedule”), which is attached hereto and incorporated as Exhibit B.
102
CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 3
4.2 In the event Professional’s performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance of
same as hereinafter provided, and City shall determine whether to authorize any increase in fee or
price, or to authorize damages or additional compensation as a consequence of such delays, within
a reasonable time after receipt of Professional’s request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed
or made by Professional, unless Professional shall have made written request upon City for such
extension not later than five (5) business days after the occurrence of the cause serving as the basis
for such extension request, and unless City and Professional have agreed in writing upon the
allowance of such additional time.
Article V
Compensation and Method of Payment
5.1 City shall pay Professional as more specifically set forth in Exhibit “A” by payment
of a fee not to exceed $73,800.00.
5.2 Each month Professional shall submit to City an invoice supporting the amount for
which payment is sought. Each invoice shall also state the percentage of work completed on the
Project through the end of the then submitted billing period, the total of the current invoice amount,
and a running total balance for the Project to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
monthly payments in the amount shown by Professional’s approved monthly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services that is
unsatisfactory as determined by City or which is not performed in compliance with the terms of this
Agreement, nor shall failure to withhold payment pursuant to the provisions of this section
constitute a waiver of any right, at law or in equity, which City may have if Professional is in
default, including the right to bring legal action for damages or for specific performance of this
Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any
subsequent default.
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
shall pay Professional compensation for such services at mutually agreed upon charges or rates, and
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CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 4
within the time schedule prescribed by City, and without decreasing the effectiveness of the
performance of services required under this Agreement. In any event, when Professional is
directed to revise or expand the scope of services under this Agreement, Professional shall provide
City a written proposal for the entire costs involved in performing such additional services. Prior to
Professional undertaking any revised or expanded services as directed by City under this
Agreement, City must authorize in writing the nature and scope of the services and accept the
method and amount of compensation and the time involved in all phases of the Project.
6.2 It is expressly understood and agreed to by Professional that any compensation not
specified in this Agreement may require approval by the City Council of the City of The Colony
and may be subject to current budget year limitations.
6.3 To the extent reasonably necessary for Professional to perform the services under
this Agreement, Professional shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Professional may deem proper to aid or assist in the performance of
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Professional.
6.4 Professional shall furnish the facilities, equipment, telephones, facsimile machines,
email facilities, and personnel necessary to perform the services required under this Agreement
unless otherwise provided herein.
6.5 City shall furnish Professional available studies, reports and other data pertinent to
Professional’s services; obtain or authorize Professional to obtain or provide additional reports and
data as required; furnish to Professional services of others required for the performance of
Professional's services hereunder, and Professional shall be entitled to use and rely upon all such
information and services provided by City or others in performing Professional's services under this
Agreement.
6.6 City shall arrange for access to and make all provisions for Professional to enter
upon public and private property as required for Professional to perform services hereunder.
6.7 In providing opinions of cost, financial analyses, economic feasibility projections,
schedules, and quantity and/or quality estimates for potential projects, Professional has no control
over cost or price of labor and material; unknown or latent conditions of existing equipment or
structures that may affect operation and maintenance costs; competitive bidding procedures and
market conditions; time or quality of performance of third parties; quality, type, management, or
direction of operating personnel; the incoming water quality and/or quantity; the way City’s
plant(s) and/or associated processes are operated and/or maintained; and other economic and
operational factors that may materially affect the ultimate project elements, including, but not
limited to, cost or schedule. Therefore, Professional makes no warranty that the City’s actual
project costs, financial aspects, economic feasibility, schedules, and/or quantities or quality realized
will not vary from Professional’s opinions, analyses, projections, or estimates.
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CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 5
Article VII
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the
conditions and requirements of this Agreement, Professional is acting as an independent contractor,
and City assumes no responsibility or liability to any third party in connection with the services
provided by Professional under this Agreement. All services to be performed by Professional
pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an
agent, servant, representative, or employee of City. Professional shall supervise the performance of
its services and shall be entitled to control the manner, means and methods by which Professional’s
services are to be performed, subject to the terms of this Agreement. As such, City shall not train
Professional, require Professional to complete regular oral or written reports, require Professional
to devote his full-time services to City, or dictate Professional’s sequence of work or location at
which Professional performs Professional’s work, except as may be set forth in Exhibit A.
7.2 Professional shall be responsible for the professional quality, technical accuracy, and
the coordination of all designs, drawings, specifications, plans, and other services furnished by
Professional under this Agreement. Professional shall, without additional compensation, correct or
revise any errors or deficiencies in the Project Documents and other services provided under this
Agreement. Neither City’s review, approval, nor acceptance of, nor payment for any of, the
services provided under this Agreement, shall be construed to operate as a waiver of any rights
under this Agreement, and Professional shall be and remain liable to City in accordance with
applicable law for all damages to City to the extent caused by Professional’s negligent performance
of any of the services furnished under this Agreement.
Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for
and maintain during the term of this Agreement the following insurance written by companies
approved by the state of Texas and acceptable to City. Professional shall furnish to the City
Manager certificates of insurance executed by the insurer or its authorized agent stating coverages,
limits, expiration dates and compliance with all applicable required provisions. Certificates shall
reference the project/contract number and be addressed as follows:
City of The Colony, Texas
Attention: Troy C. Powell, City Manager
6800 Main Street
The Colony, Texas 75056
A.Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits
of $1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate, and
$1,000,000 general aggregate. Coverage must be written on an occurrence form. The
General Aggregate shall apply on a per project basis.
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CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 6
B.Workers’ Compensation insurance with statutory limits; and Employers’
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of
$500,000.
C.Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injury and property damage limit of
$1,000,000 per occurrence.
D.Professional Liability Insurance to provide coverage against any claim which
the Professional and all professionals engaged or employed by the Professional become
legally obligated to pay as damages arising out of the performance of professional services
caused by error, omission or negligent act with minimum limits of $2,000,000 per claim,
$2,000,000 annual aggregate.
NOTE:If the insurance is written on a claims-made form, coverage shall be continuous (by
renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
A.A waiver of subrogation in favor of City, its officials, employees, and
officers shall be contained in the Workers’ Compensation insurance policy.
B.The City, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability policy, by using endorsement CG2026 or
broader .
C.All insurance policies shall be endorsed to the effect that City will receive at
least thirty (30) days notice prior to cancellation, non-renewal, termination, or reduction in
coverage of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a financial
rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during normal working
hours to all necessary Professional facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give
Professional reasonable advance notice of intended audits.
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CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 7
9.2 Professional further agrees to include in subcontract(s), if any, a provision that any
subcontractor agrees that City shall have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions related to the
subcontract, and further, that City shall have access during normal working hours to all such
subcontractor facilities and shall be provided adequate and appropriate work space, in order to
conduct audits in compliance with the provisions of this section. City shall give any such
subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings, written agreements or oral agreements between the Parties with
respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to which
the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a
District Court with appropriate jurisdiction in Denton County, Texas. The Parties agree to submit
to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal,
or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining
107
CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 8
to a period of time following the termination of this Agreement shall survive termination,
including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other Party or address as either Party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If intended for City:With Copy to:
Troy C. Powell Ron Hartline, P.E.
City Manager Director of Engineering
City of The Colony City of The Colony
6800 Main Street 6800 Main Street
The Colony, Texas 75056 The Colony, Texas 75056
If intended for Professional:
Hau Shing (Howie) Li, P.E.
Team One Integration, LLC.
3820 Azure Lane
Addison, TX 75001
10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all
such counterparts shall together constitute one and the same instrument. Each counterpart may
consist of any number of copies hereof each signed by less than all, but together signed by all of,
the Parties hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
10.13 Professional’s Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional, its employees,
associates, agents or subcontractors for the accuracy and competency of their designs, working
drawings, specifications or other documents and work; nor shall such acceptance be deemed an
assumption of responsibility by City for any defect in the Project Documents or other documents
and work prepared by Professional, its employees, associates, agents or sub-consultants.
10.14 Indemnification. PROFESSIONAL AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES,
DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEY’S
FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO
OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE
EXTENT CAUSED BY PROFESSIONAL’S PERFORMANCE OF SERVICES UNDER
THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF
108
CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 9
PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES,
REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES,
SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY,
CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE
ATTRIBUTED TO THE SOLE NEGLIGENCE OF THE CITY). IF ANY ACTION OR
PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH
ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY,
SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL’S
EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO
CITY. PROFESSIONAL’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE
LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR
REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT.
IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL
SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN
COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS
LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE
TERMINATION OF THIS AGREEMENT. PROFESSIONAL SHALL NOT BE
RESPONSIBLE FOR LOSS OF ANTICIPATED PROFITS OR FOR ECONOMIC,
INCIDENTAL OR CONSEQUENTIAL DAMAGES TO CITY OR ANY THIRD PARTY
ARISING OUT OF BREACH OF CONTRACT, TERMINATION, OR ANY OTHER
REASON WHATSOEVER.
10.15 Conflicts of Interests. Professional represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by
Professional under this section shall be grounds for termination of this Agreement and shall be
grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such
misrepresentation.
10.16 Default. If at any time during the term of this Agreement, Professional shall fail to
commence the services in accordance with the provisions of this Agreement or fail to diligently
provide services in an efficient, timely and careful manner and in strict accordance with the
provisions of this Agreement or fail to use an adequate number or quality of personnel to complete
the services or fail to perform any of Professional’s obligations under this Agreement, then City
shall have the right, if Professional shall not cure any such default after thirty (30) days written
notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of
any other right or remedy of City. If after exercising any such remedy due to Professional’s
nonperformance under this Agreement, the cost to City to complete the services to be performed
under this Agreement is in excess of that part of the contract sum which as not theretofore been
paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such
excess costs.
10.17 Confidential Information.Professional hereby acknowledges and agrees that its
representatives may have access to or otherwise receive information during the furtherance of
Professional’s obligations in accordance with this Agreement, which is of a confidential, non-
public or proprietary nature. Professional shall treat any such information received in full
confidence and will not disclose or appropriate such Confidential Information for Professional’s
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CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 10
own use or the use of any third party at any time during or subsequent to this Agreement. As used
herein, “Confidential Information” means all oral and written information concerning the City, its
affiliates and subsidiaries, and all oral and written information concerning City or its activities, that
is of a non-public, proprietary or confidential nature including, without limitation, information
pertaining to customer lists, services, methods, processes and operating procedures, together with
all analyses, compilations, studies or other documents, whether prepared by Professional or others,
which contain or otherwise reflect such information. The term “Confidential Information” shall not
include such information that is or becomes generally available to the public other than as a result
of disclosure to Professional, or is required to be disclosed by a governmental authority under
applicable law.
10.18 Remedies.No right or remedy granted or reserved to the Parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each right or remedy
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of
this Agreement may be waived without written consent of the Parties. Forbearance or indulgence
by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant
to this Agreement.
10.19 No Third Party Beneficiary. For purposes of this Agreement, including the
intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1)
this Agreement only affects matters between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the
fact that such third person or entity may be in contractual relationship with City or Professional or
both; and (2) the terms of this Agreement are not intended to release, either by contract or operation
of law, any third person or entity from obligations owing by them to either City or Professional.
EXECUTED this _______ day of _____________________, 2022.
City of The Colony, Texas
By:
City Manager
Attest:
City Secretary
EXECUTED this _______ day of _____________________, 2022.
Professional
By:
110
CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 11
Name: ____________________________________
Title: ____________________________________
Attest:
111
Exhibit A
Scope of Services
112
Exhibit B
Work Schedule
113
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2022 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF THE COLONY AND TEAM
ONE INTEGRATION, LLC, FOR THE DESIGN OF EQUIPMENT
FOUNDATION, ELECTRICAL INSTRUMENTATION AND CONTROL
UPGRADES, FOR ONSITE HYPOCHLORITE GENERATION AND
DISINFECTANT CONTROL SYSTEM PROJECT FOR WATER TOWERS
AT 5260 NORTH COLONY BOULEVARD AND 5033 CLOVER VALLEY
DRIVE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City and Team One Integration, LLC have entered into a Professional
Services Agreement with Team One Integration, LLC, for the design of equipment foundation,
electrical instrumentation and control upgrades, for onsite hypochlorite generation and
disinfectant control system project for water towers situated at 5260 North Colony Boulevard
and 5033 Clover Valley Drive; and
WHEREAS, the City has determined that it is in the best interest of the City to amend
the current agreement with Team One Integration, LLC, which is attached hereto and
incorporated herein by reference as Exhibit “A”under the terms and conditions provided
therein; and
WHEREAS, the City of The Colony is agreeing to pay the sum of $78,800.00 for such
work.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The Agreement 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 the Agreement on behalf of
the City of The Colony, Texas.
Section 3.That 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 7TH DAY OF JUNE 2022.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
114
ATTEST:
___
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___
Jeff Moore, City Attorney
115
Agenda Item No:4.11
CITY COUNCIL Agenda Item Report
Meeting Date: June 7, 2022
Submitted by: Tina Stewart
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Professional Services Agreement
with Team One Integration, LLC. for electrical instrumentation and control upgrades in the amount of
$239,100.00 to include construction services of the water distribution facilities rehabilitation for Pump Station 2.
(Whitt)
Suggested Action:
Attachments:
Pump Station 2 (PS2) EI&C Upgrade Propose Schedule v0.pdf
Pump Station 2 (PS2) EI&C Upgrade Scope and Fee - v1.pdf
PSA - Pump Station 2 (PS2) EI&C Upgrade - Team One Contract.doc
Res. 2022-xxx Team One Integration LLC Water Distribution Pump Station 2.doc
116
ID Task
Mode
Task Name Duration Start Finish Predecessors
1 Contract Processing 31 days Mon 5/9/22 Mon 6/20/22
2 Design Phase 30 days Tue 6/21/22 Mon 8/1/22 1
3 Bid Phase 30 days Tue 8/2/22 Mon 9/12/22 2
4 Construction Phase 365 days Tue 9/13/22 Mon 2/5/24 3
5 Project Closeout Phase 30 days Tue 2/6/24 Mon 3/18/24 4
T W T F S S M T W
May 1, '22 May 8, '22
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
Exhibit B
The Colony - Pump Station 2 (PS2) EI&C Upgrade Propose Schedule
Page 1
Project: Pump Station 2 (PS2) E
Date: Wed 5/4/22
117
P umpS tation2(P S 2)EI&C U pgradeS copeandFee-v1.docx P age1of3
ExhibitA
S c ope ofW ork
Elec tric alInstru mentation and C ontrols EI& C P S 2 Upgrad e
C ityofThe C olony, Texas
S c ope ofS ervic es
M ay04, 2022
Project Goal
P rovidesP umpS tation2(P S 2)updatecontractdocumentationforCityofT heColonyforthebidding,
constructionofthewaterdistributionfacilitiesrehabilitation.ContractdocumentationforP S 2shallbe
updatedtoincorporateexperiencegainduringtheP umpS tation3(P S 3)construction.
ExistingP S 2 equipmentis40yearsoldandrequiresrehabilitationtoprovidesafeandreliabledrinking
waterfortheCitizenofT heColony.
Areas of Rehabilitation
Electrical
Allnew undergroundconduitswillbedirectbury(regularsoilback-fillnotconcreteencase),
correctexistconduitsseepageinexistingvaultsincludingmeteringvault,highservicepump
vaults.R eplaceallelectricalapparatussuchaslightswitches,convenientoutlets,lighting,
intrusionswitches.Addedorreplaceallconvenientoutletstovaults.
N ew airconditioningtoelectricalbuilding.
N ew CumminsdieselgeneratorforP S 2needtosupporttheloadforonelargepump,wellpump,
andbaseequipmentelectricalload.
S ites,electricalbuildinginterior,electricalbuildingexteriorlightingimprovementforP S 2.
R eplaceFrenchdrain’ssumppumpcontrolpanelsforP S 2.EachGroundS torageT ank(GS T )has
aFrenchdrain.T hereistwoGS T satP S 2.T heyarecurrentlyfeedelectricallybypumpelectrical
room lightingpanelorM CC.
Instrumentation and Controls
N ew P LC panelforP S 2,utilizeS chneiderElectricM 340P LCstomatchCity’sP LC standard.
P S 2willhavenew onlinereagentlesswaterqualityanalyzersfortotalchlorine,and
monochloramine.P laceanalyzerinoutsideenclosurewithheaterandpumpwouldbeneeded
todraw wateroutofgroundstoragetankGS T .T hesamplestream willreturnbacktoGS T via
gravity.
N ew oillubricationcontrollerforP S 2wellpump.ref.Brochure_DripmasterEDD-4C.pdf
N ew gasdetectorforCL2andN H3.
Automaticgasshutoffvalvesarealsoneeded.
Addorreplacefloodswitchestoallvaults.
118
P umpS tation2(P S 2)EI&C U pgradeS copeandFee-v1.docx P age2of3
Pump Stations Architectural Update
Architecture
R eplacetheexteriordoorsforeachoftheChlorine/ControlBuildingsatP S 2.W orkistoalso
includeremovalandinstallationdetails;panicegressandaccessrelatedhardware.Allexterior
doorsshallopenoutwardinsteadofinward.
P atchholesandcloseopeningsintheConcreteM asonryU nit(CM U )wallsexistingandresulting
from thenew workofthiscontract.S pecifytheappropriatecoatingsfortheroomsthewalls.
S pecifytheappropriatesealantsforthedoors,openingsandfire-ratedsealantsabovethe
commonwallseparatingthechlorineroom fortheelectricalequipmentroom.
Structural
Designsfoundationforthenew generatorsatP S 2.
W orkwithelectricproviderO N CO R forbestcourseofactionforutilitytransformerreplacement,
existingutilitytransformerhavetiltedduetoexpansivesoil.
HVAC
P S 2ElectricalEquipmentR ooms-Closeallexteriorventingsystemsandremovetherelated
equipment.
P rovideair-cooledcoolingsystems(airconditioning)forP S 2,basedonBT U loadsofequipment.
HeatingisalsoneededfortheS chneider-Electricsoftstartertofunction;itwillbedesireifthe
air-cooledcoolingsystem alsocanprovideheating.
SCADA System Programming
U pdateP S 2 S CADA system programmingthatmatchesexistingCity’sS CADA standard.
Deliverables
DesignP haseP rofessionalS ervices
o 100% S pecificationsandContractDrawings
BidP haseP rofessionalS ervices
ConstructionP haseandS CADA S ystem P rogrammingP rofessionalS ervices
Fees
Basedonourunderstanding,T eam O neIntegrationwillperform abovescopeofworkwithalumpsum
feeof$239,100.
119
P umpS tation2(P S 2)EI&C U pgradeS copeandFee-v1.docx P age3of3
City of The Colony, Texas
Electrical Instrumentation and Controls PS2 EI&C
Upgrade
A. Fee Schedule
TASKS Total Labor
Hours $
A.Detailed Design Updated
1.P rogressM eetings(2)16 $2,400
2.ConstructionDrawings 80 $12,000
3.S pecifications 40 $6,000
4.Q A/Q C,ClientR eviews(2)12 $1,800
5.FinalizeContractDocuments 24 $3,600
6.O N CO R Coordination 24 $3,600
7.P rojectM gt.30 $4,500
Task Total 226 $33,900
B.Advertisement Services
1.P rebidAssistance 40 $6,000
2.P rebidM eetings(2)24 $3,600
3.ConformedDocumentP reparation 24 $3,600
Task Total 88 $13,200
C. Construction Services
1.GeneralAdministration 600 $90,000
2.FieldO bservationAndR eview 280 $42,000
3.Close-O utP hase 160 $24,000
Task Total 1040 $156,000
D.Programming Services
1.P umpS tationandHM IP rogramming 160 $24,000
2.S tartupandCommissioning 80 $12,000
Task Total 240 $36,000
Total 1594 $239,100
120
CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 1
STATE OF TEXAS §CITY OF THE COLONY,TEXAS
§AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF DENTON §
This Agreement for Professional Services (“Agreement”) is made by and between the City
of The Colony, Texas, a municipal corporation located in Denton County, Texas (“City”), and
Team One Integration, LLC. (“Professional”) (individually, each a “Party” and collectively,
“Parties”), acting by and through the Parties’ authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, Professional desires to render professional services for City for Pump Station
2 (PS2) EI&C (“Project”) in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor all services under this Agreement to
the prevailing professional standards consistent with the level of care and skill ordinarily exercised
by members of Professional’s profession, both public and private, currently practicing in the same
locality under similar conditions including but not limited to the exercise of reasonable, informed
judgments and prompt, timely action. If Professional is representing that it has special expertise in
one or more areas to be utilized in the performance of this Agreement, then Professional agrees to
perform those special expertise services to the appropriate local, regional and national professional
standards.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto (the “Effective Date”) and shall continue until completion of the services provided by
Professional to City under this Agreement.
2.2 Professional may terminate this Agreement by giving thirty (30) days prior written
notice to City. In the event of such termination by Professional, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination.
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2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination. Upon receipt of such notice from City, Professional shall immediately
terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or
materials in connection with this Agreement and shall proceed to promptly cancel all existing
contracts insofar as they are related to this Agreement.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference, entitled “Scope of Work”. In case of conflict with the
language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement shall
control.
3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
3.3 Schematic Design Documents, Design Development Documents, Contract
Documents, Drawings, Plans, Specifications and other documents, including those in electronic
form, prepared by Professional and its consultants, agents, representatives, and/or employees in
connection with the Project (“Project Documents”) are intended for the use and benefit of City.
Professional and its consultants, agents, representatives, and/or employees shall be deemed the
authors of their respective part of said Project Documents. Notwithstanding the foregoing, City
shall own, have, keep and retain all rights, title and interest in and to all Project Documents,
including all ownership, common law, statutory, and other reserved rights, including copyrights, in
and to all such Project Documents, whether in draft form or final form, which are produced at
City’s request and in furtherance of this Agreement or for the Project. City shall have full authority
to authorize contractor(s), subcontractors, sub-subcontractors, City consultants, and material or
equipment suppliers to reproduce applicable portions of the Project Documents to and for use in
their execution of the work or for any other purpose. All materials and reports prepared by
Professional in connection with this Agreement are “works for hire” and shall be the property of
City. Professional shall, upon completion of the services provided under this Agreement, or upon
earlier termination of this Agreement, provide City with reproductions of all materials, reports, and
exhibits prepared by Professional pursuant to this Agreement, and shall provide same in electronic
format if requested by City. Any re-use of the Project Documents by the City on any other project
not contemplated or included under this Agreement shall be at the City’s sole risk, without liability
to Professional.
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City (the “Work Schedule”), which is attached hereto and incorporated as Exhibit B.
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4.2 In the event Professional’s performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance of
same as hereinafter provided, and City shall determine whether to authorize any increase in fee or
price, or to authorize damages or additional compensation as a consequence of such delays, within
a reasonable time after receipt of Professional’s request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed
or made by Professional, unless Professional shall have made written request upon City for such
extension not later than five (5) business days after the occurrence of the cause serving as the basis
for such extension request, and unless City and Professional have agreed in writing upon the
allowance of such additional time.
Article V
Compensation and Method of Payment
5.1 City shall pay Professional as more specifically set forth in Exhibit “A” by payment
of a fee not to exceed $239,100.00.
5.2 Each month Professional shall submit to City an invoice supporting the amount for
which payment is sought. Each invoice shall also state the percentage of work completed on the
Project through the end of the then submitted billing period, the total of the current invoice amount,
and a running total balance for the Project to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
monthly payments in the amount shown by Professional’s approved monthly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services that is
unsatisfactory as determined by City or which is not performed in compliance with the terms of this
Agreement, nor shall failure to withhold payment pursuant to the provisions of this section
constitute a waiver of any right, at law or in equity, which City may have if Professional is in
default, including the right to bring legal action for damages or for specific performance of this
Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any
subsequent default.
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
shall pay Professional compensation for such services at mutually agreed upon charges or rates, and
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within the time schedule prescribed by City, and without decreasing the effectiveness of the
performance of services required under this Agreement. In any event, when Professional is
directed to revise or expand the scope of services under this Agreement, Professional shall provide
City a written proposal for the entire costs involved in performing such additional services. Prior to
Professional undertaking any revised or expanded services as directed by City under this
Agreement, City must authorize in writing the nature and scope of the services and accept the
method and amount of compensation and the time involved in all phases of the Project.
6.2 It is expressly understood and agreed to by Professional that any compensation not
specified in this Agreement may require approval by the City Council of the City of The Colony
and may be subject to current budget year limitations.
6.3 To the extent reasonably necessary for Professional to perform the services under
this Agreement, Professional shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Professional may deem proper to aid or assist in the performance of
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Professional.
6.4 Professional shall furnish the facilities, equipment, telephones, facsimile machines,
email facilities, and personnel necessary to perform the services required under this Agreement
unless otherwise provided herein.
6.5 City shall furnish Professional available studies, reports and other data pertinent to
Professional’s services; obtain or authorize Professional to obtain or provide additional reports and
data as required; furnish to Professional services of others required for the performance of
Professional's services hereunder, and Professional shall be entitled to use and rely upon all such
information and services provided by City or others in performing Professional's services under this
Agreement.
6.6 City shall arrange for access to and make all provisions for Professional to enter
upon public and private property as required for Professional to perform services hereunder.
6.7 In providing opinions of cost, financial analyses, economic feasibility projections,
schedules, and quantity and/or quality estimates for potential projects, Professional has no control
over cost or price of labor and material; unknown or latent conditions of existing equipment or
structures that may affect operation and maintenance costs; competitive bidding procedures and
market conditions; time or quality of performance of third parties; quality, type, management, or
direction of operating personnel; the incoming water quality and/or quantity; the way City’s
plant(s) and/or associated processes are operated and/or maintained; and other economic and
operational factors that may materially affect the ultimate project elements, including, but not
limited to, cost or schedule. Therefore, Professional makes no warranty that the City’s actual
project costs, financial aspects, economic feasibility, schedules, and/or quantities or quality realized
will not vary from Professional’s opinions, analyses, projections, or estimates.
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Article VII
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the
conditions and requirements of this Agreement, Professional is acting as an independent contractor,
and City assumes no responsibility or liability to any third party in connection with the services
provided by Professional under this Agreement. All services to be performed by Professional
pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an
agent, servant, representative, or employee of City. Professional shall supervise the performance of
its services and shall be entitled to control the manner, means and methods by which Professional’s
services are to be performed, subject to the terms of this Agreement. As such, City shall not train
Professional, require Professional to complete regular oral or written reports, require Professional
to devote his full-time services to City, or dictate Professional’s sequence of work or location at
which Professional performs Professional’s work, except as may be set forth in Exhibit A.
7.2 Professional shall be responsible for the professional quality, technical accuracy, and
the coordination of all designs, drawings, specifications, plans, and other services furnished by
Professional under this Agreement. Professional shall, without additional compensation, correct or
revise any errors or deficiencies in the Project Documents and other services provided under this
Agreement. Neither City’s review, approval, nor acceptance of, nor payment for any of, the
services provided under this Agreement, shall be construed to operate as a waiver of any rights
under this Agreement, and Professional shall be and remain liable to City in accordance with
applicable law for all damages to City to the extent caused by Professional’s negligent performance
of any of the services furnished under this Agreement.
Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for
and maintain during the term of this Agreement the following insurance written by companies
approved by the state of Texas and acceptable to City. Professional shall furnish to the City
Manager certificates of insurance executed by the insurer or its authorized agent stating coverages,
limits, expiration dates and compliance with all applicable required provisions. Certificates shall
reference the project/contract number and be addressed as follows:
City of The Colony, Texas
Attention: Troy C. Powell, City Manager
6800 Main Street
The Colony, Texas 75056
A.Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits
of $1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate, and
$1,000,000 general aggregate. Coverage must be written on an occurrence form. The
General Aggregate shall apply on a per project basis.
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B.Workers’ Compensation insurance with statutory limits; and Employers’
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of
$500,000.
C.Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injury and property damage limit of
$1,000,000 per occurrence.
D.Professional Liability Insurance to provide coverage against any claim which
the Professional and all professionals engaged or employed by the Professional become
legally obligated to pay as damages arising out of the performance of professional services
caused by error, omission or negligent act with minimum limits of $2,000,000 per claim,
$2,000,000 annual aggregate.
NOTE:If the insurance is written on a claims-made form, coverage shall be continuous (by
renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
A.A waiver of subrogation in favor of City, its officials, employees, and
officers shall be contained in the Workers’ Compensation insurance policy.
B.The City, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability policy, by using endorsement CG2026 or
broader .
C.All insurance policies shall be endorsed to the effect that City will receive at
least thirty (30) days notice prior to cancellation, non-renewal, termination, or reduction in
coverage of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a financial
rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during normal working
hours to all necessary Professional facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give
Professional reasonable advance notice of intended audits.
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9.2 Professional further agrees to include in subcontract(s), if any, a provision that any
subcontractor agrees that City shall have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions related to the
subcontract, and further, that City shall have access during normal working hours to all such
subcontractor facilities and shall be provided adequate and appropriate work space, in order to
conduct audits in compliance with the provisions of this section. City shall give any such
subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings, written agreements or oral agreements between the Parties with
respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to which
the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a
District Court with appropriate jurisdiction in Denton County, Texas. The Parties agree to submit
to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal,
or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining
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to a period of time following the termination of this Agreement shall survive termination,
including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other Party or address as either Party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If intended for City:With Copy to:
Troy C. Powell Ron Hartline, P.E.
City Manager Director of Engineering
City of The Colony City of The Colony
6800 Main Street 6800 Main Street
The Colony, Texas 75056 The Colony, Texas 75056
If intended for Professional:
Hau Shing (Howie) Li, P.E.
Team One Integration, LLC.
3820 Azure Lane
Addison, TX 75001
10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all
such counterparts shall together constitute one and the same instrument. Each counterpart may
consist of any number of copies hereof each signed by less than all, but together signed by all of,
the Parties hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
10.13 Professional’s Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional, its employees,
associates, agents or subcontractors for the accuracy and competency of their designs, working
drawings, specifications or other documents and work; nor shall such acceptance be deemed an
assumption of responsibility by City for any defect in the Project Documents or other documents
and work prepared by Professional, its employees, associates, agents or sub-consultants.
10.14 Indemnification. PROFESSIONAL AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES,
DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEY’S
FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO
OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE
EXTENT CAUSED BY PROFESSIONAL’S PERFORMANCE OF SERVICES UNDER
THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF
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PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES,
REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES,
SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY,
CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE
ATTRIBUTED TO THE SOLE NEGLIGENCE OF THE CITY). IF ANY ACTION OR
PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH
ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY,
SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL’S
EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO
CITY. PROFESSIONAL’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE
LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR
REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT.
IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL
SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN
COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS
LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE
TERMINATION OF THIS AGREEMENT. PROFESSIONAL SHALL NOT BE
RESPONSIBLE FOR LOSS OF ANTICIPATED PROFITS OR FOR ECONOMIC,
INCIDENTAL OR CONSEQUENTIAL DAMAGES TO CITY OR ANY THIRD PARTY
ARISING OUT OF BREACH OF CONTRACT, TERMINATION, OR ANY OTHER
REASON WHATSOEVER.
10.15 Conflicts of Interests. Professional represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by
Professional under this section shall be grounds for termination of this Agreement and shall be
grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such
misrepresentation.
10.16 Default. If at any time during the term of this Agreement, Professional shall fail to
commence the services in accordance with the provisions of this Agreement or fail to diligently
provide services in an efficient, timely and careful manner and in strict accordance with the
provisions of this Agreement or fail to use an adequate number or quality of personnel to complete
the services or fail to perform any of Professional’s obligations under this Agreement, then City
shall have the right, if Professional shall not cure any such default after thirty (30) days written
notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of
any other right or remedy of City. If after exercising any such remedy due to Professional’s
nonperformance under this Agreement, the cost to City to complete the services to be performed
under this Agreement is in excess of that part of the contract sum which as not theretofore been
paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such
excess costs.
10.17 Confidential Information.Professional hereby acknowledges and agrees that its
representatives may have access to or otherwise receive information during the furtherance of
Professional’s obligations in accordance with this Agreement, which is of a confidential, non-
public or proprietary nature. Professional shall treat any such information received in full
confidence and will not disclose or appropriate such Confidential Information for Professional’s
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own use or the use of any third party at any time during or subsequent to this Agreement. As used
herein, “Confidential Information” means all oral and written information concerning the City, its
affiliates and subsidiaries, and all oral and written information concerning City or its activities, that
is of a non-public, proprietary or confidential nature including, without limitation, information
pertaining to customer lists, services, methods, processes and operating procedures, together with
all analyses, compilations, studies or other documents, whether prepared by Professional or others,
which contain or otherwise reflect such information. The term “Confidential Information” shall not
include such information that is or becomes generally available to the public other than as a result
of disclosure to Professional, or is required to be disclosed by a governmental authority under
applicable law.
10.18 Remedies.No right or remedy granted or reserved to the Parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each right or remedy
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of
this Agreement may be waived without written consent of the Parties. Forbearance or indulgence
by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant
to this Agreement.
10.19 No Third Party Beneficiary. For purposes of this Agreement, including the
intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1)
this Agreement only affects matters between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the
fact that such third person or entity may be in contractual relationship with City or Professional or
both; and (2) the terms of this Agreement are not intended to release, either by contract or operation
of law, any third person or entity from obligations owing by them to either City or Professional.
EXECUTED this _______ day of _____________________, 2022.
City of The Colony, Texas
By:
City Manager
Attest:
City Secretary
EXECUTED this _______ day of _____________________, 2022.
Professional
By:
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CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 11
Name: ____________________________________
Title: ____________________________________
Attest:
131
Exhibit A
Scope of Services
132
Exhibit B
Work Schedule
133
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2022 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF THE COLONY AND TEAM
ONE INTEGRATION, LLC, FOR ELECTRICAL INSTRUMENTATION
AND CONTROL UPGRADES TO INCLUDE CONSTRUCTION SERVICES
OF THE WATER DISTRIBUTION FACILITIES REHABILITATION FOR
PUMP STATION 2; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City and Team One Integration, LLC have entered into a Professional
Services Agreement with Team One Integration, LLC, for electrical instrumentation and control
upgrades to include construction services of the water distribution facilities rehabilitation for
Pump Station 2; and
WHEREAS, the City has determined that it is in the best interest of the City to amend
the current agreement with Team One Integration, LLC, which is attached hereto and
incorporated herein by reference as Exhibit “A”under the terms and conditions provided
therein; and
WHEREAS, the City of The Colony is agreeing to pay the sum of $239,100.00 for such
work.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The Agreement 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 the Agreement on behalf of
the City of The Colony, Texas.
Section 3.That 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 7TH DAY OF JUNE 2022.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
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ATTEST:
___
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___
Jeff Moore, City Attorney
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Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: June 7, 2022
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
Discuss and consider an ordinance regarding a Site Plan application for "The Lancaster", an approximately
418-unit multi-family development on an approximately 18 acre tract of land located east and northeast of the
northeast intersection of Plano Parkway and Windhaven Parkway within the Austin Ranch Planned
Development (PD22). (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendations.
Attachments:
SP21-0005 CC Staff Report The Lancaster- Site Plan(draft).doc
PROJECT NARRATIVE(for packet).pdf
SP21-0005.pdf
Development Plans- Exhibit A (The Lancaster) .pdf
Ord. 2022-xxxx SP21-0005 The Lancaster.doc
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1
CITY COUNCIL REPORT
AGENDA DATE:June 7, 2022
DEPARTMENT:Development Services Department
______________________________________________________________________________
SUBJECT: SP21-0005-The Lancaster- Site Plan
Discuss and consider an ordinance regarding a Site Plan application for The Lancaster, an
approximately 418-unit multi-family development on an approximately 18 acre tract of land
located east and northeast of the northeast intersection of Plano Parkway and Windhaven
Parkway within the Austin Ranch Planned Development (PD22).
OWNER/ APPLICANT
Owner/Developer: University Business Park PHII, LTD
Applicant: Mike Clark
ML Clark Consulting, LLC Dallas, Texas
EXISTING CONDITION OF PROPERTY
The property is undeveloped.
PROPOSED DEVELOPMENT
The applicant requests to develop an approximately 418-unit multi-family development with
interior structured parking; the primary access points to the development are from Plano
Parkway and Windhaven Parkway.
ADJACENT ZONING AND LAND USE
North - Planned Development 22 (PD-22) Austin Ranch- undeveloped
South - Planned Development 22 (PD-22) Austin Ranch- Mixed retail commercial
East -Planned Development 22 (PD-22) Austin Ranch- undeveloped
West -Planned Development 10 (PD-10) undeveloped
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) finds that proposed Site Plan meets the
requirements of the Zoning Ordinance as outlined in the Staff Report.
PRIOR ACTION
On May 24, 2022, the Planning and Zoning Commission voted (5-0) to recommend approval of
the proposed Site Plan.
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Project narrative
4. Proposed Development Plans Exhibits
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2
Staff Analysis
Land Use Analysis
The applicants request is to construct two multi-family buildings containing a total of 418 units
on approximately 18 acres known as “The Lancaster.” Multi-family uses are permitted “by-
right” and are the primary development types within the Austin Ranch Planned Development.
The subject site is located east of the northeast intersection of Plano Parkway and Windhaven
Parkway. The hard corner of this intersection is developed with the “7-eleven” convenience store
and gas station, additional development on adjacent tracts is anticipated however, at this time
development only consists of the Oncor electrical substation, and the “Shacks” development
south of Windhaven Parkway.
The proposed development will contain a mix of unit sizes and configurations; the applicant
proposes the following unit breakdown:
Elevations
The elevation plan reflect facades containing architecture consistent with the overall theme of the
Austin Ranch development. The color palette is based in earth tones, which includes shades of
grays and browns and a variety of material changes, and masonry accents. The color selection
and percentages are consistent with the other established multi-family buildings within the
Austin Ranch development. Each building’s façade contains significant horizontal and vertical
expressions through material or color changes and articulations such as projections and recesses.
The elevation plan reflect the building height for Building 1 is 50.5’ feet; the height of Building
2 is 43.25’.
Circulation and Parking
The proposed development is bound on two sides by public right of way: Plano Parkway, and
Windhaven Parkway. No parking is permitted along either right-of-way and is provided
internally by surface and structured parking areas. The development provide 713 spaces to
accommodate the residents. The primary accesses are provided from Plano Parkway and
Windhaven Parkway; emergency access is provided by a through access aisle along the rear of
the property.
As part of the evaluation of the site circulation, the applicant submitted a request to the Board of
Adjustment to permit a 26’ wide drive aisle along the south side of building 2; 14’ is the
maximum according to the Planned Development 22 (PD22) development standards. The Board
of Adjustment approved the request at the February 16, 2022 meeting. There was an additional
request to relocate the adjacent median cut on Plano Parkway further to the south for better
alignment into the site, and establish a new curb opening on to Plano Parkway 94.5 feet from the
existing curb opening to the north (where 230 feet are required). These requests where presented
to the Planning and Zoning Commission as Engineering Design Manual variances. The
Unit type # Units % of total Unit size sq. ft. (avg.)
Building 1 and 2
1 Bedroom 324 77.5 798
2 Bedroom 94 22.5 1,310
414 100
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Commission recommended in favor and City Council approved the request on February 15,
2022. The site plan reflects the deviations as approved.
Landscaping and Amenities
The proposed development is located within a platted lot, and will establish landscape specific to
the site design. The landscape plan reflects the dedication of plant material over the minimum
78,952.60 square-feet. Landscape areas include a twenty-foot (20’) wide landscape buffer along
the perimeter of the development and interior spaces for recreation and leisure. Specifically, the
development will provide pools, internal pocket parks and plazas and outdoor recreation areas as
amenity areas for the residents.The perimeter landscape provides a variety of species designed
to create visual interest and respite along the pedestrian walkways and courtyards. Overall the
variety of large and, small ornamental trees, shrubs, and ground cover is consistent with the
landscape intents for development within the Austin Ranch Planned Development.
Development Review Committee Review
The Development Review Committee (DRC) finds that proposed Site Plan meets the
requirements of the Zoning Ordinance as outlined in the Staff Report.
Prior Action
On May 24, 2022, the Planning and Zoning Commission voted (5-0) to recommend approval of
the proposed Site Plan.
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PROJECT NARRATIVE THE LANCASTER MULTIFAMILY LOT 1, BLOCK A THE LANCASTER ADDITION NORTHEAST CORNER PLANO PARKWAY & WINDHAVEN PARKWAY The Lancaster is a proposed multifamily development located on 18.0 acres at the northeast quadrant of Plano Parkway and Windhaven Parkway. A 7-Eleven convenience store is located on the hard corner. Indian Creek is located along the east side of the property and electric transmission lines and substation are located to the north. The proposed development includes a 4-story multifamily building with 388 units wrapping a parking garage and two (2) interior courtyards and a 3-story multifamily building with 30 units fronting towards Plano Parkway. A multi-pool courtyard is proposed at the northeast corner of the property adjacent to Indian Creek and a Mews is proposed between the two (2) buildings.
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WINDHAVEN PKWY
WALNUTCREEKLNPLANOPKWYB A R TON
CR E E K BLVD
P D 2 2
P D 1 0
This map w as generat ed by G IS data provided by The Colony G IS Departm ent. T he City of The Colony does not guarantee the correct ness oraccuracy of any feat ures on this map. T hes e digital produc ts are f or llust ration purposes only and ar e not suitable for site-s pec ific dec is ion mak ing. ±Project No . SP21-0005 - Project Name: The Shacks Multi Fam ily
Th e S ha cks Mu lt i F a mi ly
Pla nn e d Deve lo pme nt 1 0
Pla nn e d Deve lo pme nt 2 2
Subje ctArea
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TTTTTTTTTTTTTT TTTTTTTΔΔDESIGNDRAWNDATENOTESFILESHEET5/02/22HDSMLCADAMSP.O.BOX 170ADDISON, TEXAS 75001(214) 675-1960TBPE F-20431ML CLARKCONSULTING, LLCREVISIONSREV NO.DATEDESCRIPTIONBY003-005THE COLONY, DENTON COUNTY, TEXASLOT 1, BLOCK ATHE LANCASTER ADDITIOND. ANDREWS SURVEY A-18 & B. SHOONOVER SURVEY A-1208NSITE DATA TABLEZONING DESIGNATION:SITE AREA:PROPOSED USE:PARKING:MULTIFAMILYPD-22, TOWN CENTER 218.00 AC / 784,086 SFBUILDING HEIGHT:BUILDING 1:BUILDING 2:SITEPLANSP1ENGINEER:ML CLARK CONSULTING, LLCPO BOX 170ADDISON, TEXAS 75001PHONE: (214) 675-1960CONTACT: MICHAEL L. CLARK, PEEMAIL: MCLARK@MLCLARKCONSULTING.COMDEVELOPER:BDDC, INC.1722 ROUTH STREET, SUITE 770DALLAS, TEXAS 75201PHONE: (214) 270-0999CONTACT: LUCILLO PENAEMAIL: LPENA@BILLINGSLEY.COMAPPROVED BY THE CITY COUNCIL ON THE _____ DAY OF ___________ 20_______________________________________________________________________PLANNING DIRECTORNOTES:1.PARKING SPACES DIMENSIONS:90° PARKING: 9' x 18'PARALLEL PARKING: 8' x 22'2.FIRE LANES WILL BE CONSTRUCTED IN ACCORDANCE WITH THE CODE OFORDINANCES.3.THE BUILDINGS WILL HAVE A FIRE SPRINKLER SYSTEM IN ACCORDANCE WITH THEADOPTED INTERNATIONAL CODE.4.THE CREEK CROSS SECTIONS AND WATER SURFACE ELEVATIONS (WSEL) ARE FROMTHE CLOMR APPLICATION STUDY FOR INDIAN CREEK, STREAM STATION 41480 TO53172 FOR AUSTIN RANCH PROPERTIES PREPARED BY BOYD HYDROLOGY, INC.DATED FEBRUARY 17, 2016. CLOMR CASE NO. 16-06-1711R WAS APPROVED BY FEMAAUGUST 5, 2016.5.THE EXISTING FEMA FLOODPLAIN ON THE SUBJECT PROPERTY IS PROPOSED TO BEMODIFIED BY CLOMR-FILL.6.PLANS FOR THE OFF-SITE STREAM MITIGATION INSTALLATION PER PREVIOUS FLOODSTUDY WILL BE SUBMITTED FOR CONSTRUCTION WITH THIS DEVELOPMENT.7.THE RETAINING WALL EASEMENT IS PRIVATE. THE CITY IS NOT SUBJECT TOMAINTENANCE OR OWNERSHIP.TS4-STORY / 50'-6"3-STORY / 43'-3"NUMBER OF DWELLING UNITS:BUILDING 1:1 BEDROOM:3022 BEDROOM:86SUBTOTAL:392BUILDING 2:1 BEDROOM:222 BEDROOM:8SUBTOTAL:30TOTAL:DENSITY:MAXIMUM ALLOWED:24.0/ACPROPOSED:23.2/ACBUILDING LOT COVERAGE:BUILDING 1:BUILDING 2:GARAGE:152,07611,57450,857TOTAL:214,507SFBUILDING AREA:BUILDING 1:BUILDING 2:500,42034,392TOTAL:534,812SFSFSFSFSFSFFAR:0.68 : 1MINIMUM REQUIRED:418 UNITS x 1.7/UNIT711PROPOSED:SURFACE:81SURFACE ACCESSIBLE:1SURFACE VAN ACCESSIBLE:2GARAGE:614GARAGE ACCESSIBLE:10GARAGE VAN ACCESSIBLE:3TOTAL:711MAXIMUM ALLOWED:70'PROPOSED:SP21-00051 BEDROOM:324 (77.5%)2 BEDROOM:94 (22.5%)418PERCENTAGE OF LOT AREA:27.36%C4.1N142
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50'-6 3/4"CEMENTITIOUSSIDINGBRICK51'-0 3/4"BRICKCEMENTITIOUSPANEL51'-0 3/4"BRICKCEMENTITIOUSSIDING49'-0 3/4"CEMENTITIOUSSIDINGBRICKBRICKCEMENTITIOUSSIDINGCEMENTITIOUSPANEL54'-5"CEMENTITIOUSSIDINGBRICKCEMENTITIOUSPANEL53'-0 3/4"BRICKCEMENTITIOUSPANELCEMENTITIOUSSIDING53'-0 3/4"CEMENTITIOUSSIDINGBRICKBRICK53'-0 3/4"CEMENTITIOUSSIDINGCEMENTITIOUSPANEL43'-3"BRICKCEMENTITIOUSPANEL43'-3"BRICKHENSLEY LAMKIN RACHEL, INC.DALLAS ● HOUSTON ● SEATTLEWWW.HLRINC.NETPH:972.726.9400DOCUMENTS AS INSTRUMENTS OF SERVICE AREGIVEN IN CONFIDENCE AND REMAIN THEPROPERTY OF HENSLEY LAMKIN RACHEL, INC.THIS DOCUMENT AND THE INFORMATIONCONTAINED HEREIN MAY NOT BE DUPLICATED,USED, OR DISCLOSED WITHOUT WRITTENCONSENT OF HENSLEY LAMKIN RACHEL, INC.C 2019 HENSLEY LAMKIN RACHEL, INC.RevisionsProject Title:THESHACKSTHE COLONYTEXASIssue Set:Permit Set:Bid Set Issue:Drawing No.Project ID20200--.--.--09.27.21--.--.--Construction Set Issue:--.--.--SCALE:011/16" = 1'-0"SOUTH ELEVATION - BLDG 1A1TYPICAL ELEVATIONSSITE PLAN SUBMITTALBUILDING MATERIALS TO BE USED:-MASONRY - STONE/BRICK-CEMENTITIOUS SIDING-CEMENTITIOUS PANELELEVATION NOTESSCALE:021/16" = 1'-0"WEST ELEVATION - BLDG 1SCALE:031/16" = 1'-0"NORTH ELEVATION - BLDG 1SCALE:051/16" = 1'-0"EAST ELEVATION - BLDG 1SCALE:061/16" = 1'-0"NORTH ELEVATION - BLDG 1SCALE:071/16" = 1'-0"EAST ELEVATION - BLDG 1SCALE:081/16" = 1'-0"NORTH ELEVATION - BLDG 1SCALE:091/16" = 1'-0"WEST ELEVATION - BLDG 1SCALE:101/16" = 1'-0"SOUTH ELEVATION - BLDG 1SCALE:091/16" = 1'-0"WEST ELEVATION - BLDG 2SCALE:091/16" = 1'-0"EAST ELEVATION - BLDG 2NOTES:1.PER PD-22, ALL PROPOSED MATERIALS ARE CONSIDEREDMASONRY, THEREFORE, ALL BUILDINGS ELEVATIONS HAVE 100%MASONRY.2.A COLOR LEGEND IS NOT REQUIRED SINCE ALL MATERIALS ARETHE SAME CATEGORY.3.VERTICAL AND HORIZONTAL ARTICULATIONS VARIES. REFER TOPROPOSED RENDERINGS AND SITE PLAN.4.REFER TO SHEET A2 AND A3 FOR COLOR RENDERINGS.153
HENSLEY LAMKIN RACHEL, INC.DALLAS ● HOUSTON ● SEATTLEWWW.HLRINC.NETPH:972.726.9400DOCUMENTS AS INSTRUMENTS OF SERVICE AREGIVEN IN CONFIDENCE AND REMAIN THEPROPERTY OF HENSLEY LAMKIN RACHEL, INC.THIS DOCUMENT AND THE INFORMATIONCONTAINED HEREIN MAY NOT BE DUPLICATED,USED, OR DISCLOSED WITHOUT WRITTENCONSENT OF HENSLEY LAMKIN RACHEL, INC.C 2019 HENSLEY LAMKIN RACHEL, INC.RevisionsProject Title:THESHACKSTHE COLONYTEXASIssue Set:Permit Set:Bid Set Issue:Drawing No.Project ID20200--.--.--09.27.21--.--.--Construction Set Issue:--.--.--SCALE:091/16" = 1'-0"NORTH ELEVATION - BLDG 1A1COLOR RENDERINGSSITE PLAN SUBMITTALSCALE:081/16" = 1'-0"WEST ELEVATION - BLDG 1SCALE:071/16" = 1'-0"NORTH ELEVATION - BLDG 1SCALE:041/16" = 1'-0"SOUTH / EAST ELEVATION - BLDG 1SCALE:051/16" = 1'-0"EAST ELEVATION - BLDG 1SCALE:061/16" = 1'-0"EAST / NORTH ELEVATION - BLDG 1SCALE:031/16" = 1'-0"SOUTH ELEVATION - BLDG 1SCALE:021/16" = 1'-0"SOUTH / WEST ELEVATION - BLDG 1SCALE:011/16" = 1'-0"SOUTH ELEVATION - BLDG 1154
HENSLEY LAMKIN RACHEL, INC.DALLAS ● HOUSTON ● SEATTLEWWW.HLRINC.NETPH:972.726.9400DOCUMENTS AS INSTRUMENTS OF SERVICE AREGIVEN IN CONFIDENCE AND REMAIN THEPROPERTY OF HENSLEY LAMKIN RACHEL, INC.THIS DOCUMENT AND THE INFORMATIONCONTAINED HEREIN MAY NOT BE DUPLICATED,USED, OR DISCLOSED WITHOUT WRITTENCONSENT OF HENSLEY LAMKIN RACHEL, INC.C 2019 HENSLEY LAMKIN RACHEL, INC.RevisionsProject Title:THESHACKSTHE COLONYTEXASIssue Set:Permit Set:Bid Set Issue:Drawing No.Project ID20200--.--.--09.27.21--.--.--Construction Set Issue:--.--.--A3COLOR RENDERINGSSITE PLAN SUBMITTALSCALE:041/16" = 1'-0"SOUTH / WEST ELEVATION - BLDG 1SCALE:051/16" = 1'-0"EAST ELEVATION - BLDG 1SCALE:031/16" = 1'-0"WEST ELEVATION - BLDG 1SCALE:021/16" = 1'-0"WEST ELEVATION - BLDG 1SCALE:011/16" = 1'-0"WEST ELEVATION - BLDG 1155
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2022 - _________
SITE PLAN – THE LANCASTER
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR
“THE LANCASTER,” A 418-UNIT, MULTI-FAMILY DEVELOPMENT,
ON AN APPROXIMATELY 18-ACRE TRACT LOCATED EAST AND
NORTHEAST OF THE INTERSECTION OF PLANO PARKWAY AND
WINDHAVEN PARKWAY WITHIN THE PLANNED DEVELOPMENT 22
(PD-22) DISTRICT (AUSTIN RANCH); PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances
of the City of The Colony, Texas, have given requisite notices and consideration of the site plan
application and related plans, and the City Council of the City of The Colony, Texas, is of the
opinion and finds that Site Plan Application No. SP21-0005 for the development of “The
Lancaster,” a 418-unit, multi-family development, on an approximately 18-acre tract located within
the Planned Development 22 (PD-22) District (Austin Ranch), should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2.That the City Council of the City of The Colony, Texas, does hereby
approve the Site Plan, Landscape Plan, and Elevation Plan applicable to the approximately 18-
acre tract of land in PD-22, located at the east and northeast of the intersection of Plano Parkway
and Windhaven Parkway copies of which are attached hereto as Exhibit A of this Ordinance.
SECTION 3.That it is hereby declared to be the intention of the City Council of the
City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this
Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this
Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been
enacted by the City Council without the incorporation of this Ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4. That any provision of any prior ordinance of the City whether codified or
uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the
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extent of the conflict, but all other provisions of the ordinances of the City whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full
force and effect.
SECTION 5. That this Ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 7TH DAY OF JUNE 2022.
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, CMS, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Exhibit A
160
Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: June 7, 2022
Submitted by: Tina Stewart
Submitting Department: General Admin
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider a resolution approving a Private Transfer Agreement (Grant by Special Warranty Deed)
by and between The Colony Local Development Corporation and 121 Acquisition Company, LLC, conveying Lot
4R1, Block H, Grandscape Addition, Phase II, an addition to the City of The Colony, Denton County, Texas
(Maurina)
Suggested Action:
Attachments:
Res. 2022-xxx Private Transfer Agreement - Grant by Special Warranty Deed - 121 Acquisition Company LLC - JPI
Multifamily.docx
161
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2022 - ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING AND APPROVING THE
EXECUTION OF A PRIVATE TRANSFER AGREEMENT (GRANT BY
SPECIAL WARRANTY DEED) BY AND BETWEEN THE COLONY
LOCAL DEVELOPMENT CORPORATION AND 121 ACQUISITION
COMPANY, LLC, A TEXAS LIMITED LIABILITY COMPANY,
CONCERNING THE CONVEYANCE OF LOT 4R1, BLOCK H,
GRANDSCAPE ADDITION, PHASE II, PURSUANT TO THAT CERTAIN
REPLAT OF LOTS 4R1 & 4R2, BLOCK H, GRANDSCAPE ADDITION,
PHASE II, AN ADDITION TO THE CITY OF THE COLONY, DENTON
COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, The Colony Local Development Corporation (hereinafter referred to as the
“LDC”) has been created and organized as a public, nonprofit local government corporation
incorporated pursuant to Subchapter D of Chapter 431, Texas Transportation Code, as amended to
aid, assist and act on behalf of the City of The Colony, Texas (hereinafter referred to as the “City”)
in the performance of the City’s governmental functions; and
WHEREAS,LDC is the sole owner of Lot 4R1, Block H, Grandscape Addition, Phase II,
pursuant to that certain Replat of Lots 4R1 & 4R2, Block H, Grandscape Addition, Phase II, subject
to the Private Transfer Agreement (Grant by Special Warranty Deed), a copy of which is attached
hereto as Exhibit A, pursuant to Instrument Numbers 2014-30675, 2014-30676, and 2014-30677
filed and recorded in the Real Property Records of Denton County, Texas; and
WHEREAS,on or about June 7, 2022, the Board of Directors of the LDC approved the
Private Transfer Agreement (Grant by Special Warranty Deed) a copy of which is attached hereto
as Exhibit A, conveying Lot 4R1, Block H, Grandscape Addition, Phase II, pursuant to that certain
Replat of Lots 4R1 & 4R2, Block H, Grandscape Addition, Phase II, an addition to the City of The
Colony, Denton County, Texas, to 121 Acquisition Company, LLC; and
WHEREAS,the form of the Private Transfer Agreement (Grant by Special Warranty
Deed) was approved as part of the bond validation suit styled Ex parte The Colony, in the 53rd
Judicial District Court, Travis County, Texas, Cause No. 0-1-GV-11-001995, decided January 18,
2012, Trial Exhibit No. 38; and
WHEREAS, the City Council for the City of The Colony, Texas, finds and determines it
is in the best interest of the City of The Colony, Texas, to approve the Private Transfer Agreement
(Grant by Special Warranty Deed) by and between the LDC and 121 Acquisition Company, LLC,
a copy of which is attached hereto as Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
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OF THE COLONY, TEXAS, THAT:
SECTION 1. The findings set forth above are hereby found to be true and correct findings
of the City and 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 approve
and authorize the President of the LDC to execute the Private Transfer Agreement (Grant by
Special Warranty Deed) by and between the LDC and 121 Acquisition Company, LLC, a copy of
which is attached hereto as Exhibit A, and is incorporated herein for all purposes.
SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this
Resolution, or application thereto to any persons or circumstances, is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Resolution; and the City Council hereby declaresit would have passed such remaining
portions of this Resolution despite such invalidity, which remaining portions shall remain in full force
and effect.
SECTION 4. This Resolution shall become effective immediately upon passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 7
TH DAY OF JUNE 2022.
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
163
Exhibit A
Private Transfer Agreement
(Grant by Special Warranty Deed)
[Lot 4R1, Block H, Grandscape Addition, Phase II,
pursuant to that certain Replat of Lots 4R1 & 4R2,
Block H, Grandscape Addition, Phase II]
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165
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: June 7, 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:
166
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: June 7, 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:
167