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Home My WebLink About2022 0719Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: July 19, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 4 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: July 19, 2022 Submitted by: Megan Charters Submitting Department: Library Item Type: Announcement Agenda Section: Subject: Receive presentation from the Library regarding upcoming events and activities. (Charters) Suggested Action: Attachments: 5 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: July 19, 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: 6 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: July 19, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes from June 21, 2022. (Stewart) Suggested Action: Attachments: June 21, 2022 DRAFT Minutes.docx 7 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 JUNE 21, 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 21 st day of June 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, Deputy Mayor Pro Tem David Terre, Councilmember Perry Schrag, Councilmember Joel Marks, Mayor Pro Tem Present Present Present Present Absent (Personal) Present Present And with 6 councilmembers present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor Boyer called the meeting to order at 6:31 p.m. 1.2 Invocation Elder Melba Chance with Christ Community Church delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.4 Salute to the Texas Flag Salute to the Texas Flag was recited. 1.5 THR-Plano EMS Provider of the Year Award. Fire Chief, Scott Thompson, presented this item to Council. 1.6 Proclamation recognizing July as Parks and Recreation Month Mayor Boyer proclaimed July as "Parks and Recreation Month". Jackie Kopsa, Director of Community Services, accepted the proclamation. 1.7 Items of Community Interest 1.7.1 Receive presentation from the Library regarding upcoming events and activities. Library Director, Megan Charters, provided upcoming events and activities to the Council. 8 City Council – Regular Meeting Agenda June 21, 2022 Page| 2 2.0 CITIZEN INPUT None 3.0 WORK SESSION 3.1 Receive a presentation and update from the Lewisville Independent School District over The Colony High School's IncubatorU program. Deputy City Manager, Joe Perez, provided an overview on this item. Lindsey Harris and Jason Cooper with Lewisville Independent School District presented a power point on career and technical education to Council. 3.2 Council to provide direction to staff regarding future agenda items. Councilman Schrag requested a future agenda item regarding Smart Trash Recycling. 4.0 CONSENT AGENDA Motion to approve all items from the Consent- Schrag; second by Ensweiler, motion carried with all ayes. 4.1 Consider approving City Council Special Session meeting minutes from June 6, 2022, Regular Session meeting minutes from June 7, 2022 and Special Session meeting minutes from June 13, 2022. 4.2 Consider approving a resolution authorizing the City Manager to execute a Memorandum of Understanding with 24 Sports, LLC for funding the renovation of three infields at The Colony Five Star Complex. RESOLUTION NO. 2022-038 4.3 Consider approving a resolution authorizing the City Manager to execute an Engineering Services Contract in the amount of $ 155,600.00 with Halff Associates, Inc. for the Shoal Creek Drive and Stewart Creek Golf Course Drainage Project. RESOLUTION NO. 2022-039 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider approving an ordinance budget amendment to increase the approved Fiscal Year 2021-2022 Utility Budget in the amount of $281,000 for sludge hauling. 9 City Council – Regular Meeting Agenda June 21, 2022 Page| 3 Director of Public Works, James Whitt, presented the proposed ordinance to Council. Motion to approve an ordinance budget amendment to increase the approved Fiscal Year 2021- 2022 Utility Budget in the amount of $281,000 for sludge hauling- Holtz; second by Ensweiler, motion carried with all ayes. ORDINANCE NO. 2022-2481 5.2 Discuss and consider a resolution authorizing the City Manager to accept the proposal from USP Technologies in the amount of $126,000.00 for full-service hydrogen peroxide supply at the Indian Creek Lift Station to reduce odors and corrosion in the wastewater collection system. Director of Public Works, James Whitt, presented the proposed resolution to Council. Motion to approve the proposal from USP Technologies in the amount of $126,000.00 for full- service hydrogen peroxide supply at the Indian Creek Lift Station to reduce odors and corrosion in the wastewater collection system - Marks; second by Wade, motion carried with all ayes. RESOLUTION NO. 2022-040 5.3 Discuss and consider canceling or rescheduling the City Council Regular Session meeting for July 5, 2022 in observance of Fourth of July. Motion to approve canceling or rescheduling the City Council Regular Session meeting for July 5, 2022 in observance of Fourth of July- Holtz; second by Wade, motion carried with all ayes with the exception of Schrag voting no. 5.4 Discuss and consider making a nomination by resolution for a candidate to serve on the Denco Area 9-1-1 District Board of Managers for a two-year term beginning October 1, 2022. Motion to approve the nomination of David Terre to serve on the Denco Area 9-1-1 District Board of Directors- Ensweiler; second by Marks, motion carried with all ayes. RESOLUTION NO. 2022-041 5.5 Discuss and consider approving a resolution nominating one representative and one alternate representative to the 2022 Regional Transportation Council. Motion to approve the nomination of John Keating as representative and Councilman Perry Schrag as alternate to the Regional Transportation Council- Marks, second by Ensweiler, motion carried with all ayes. 10 City Council – Regular Meeting Agenda June 21, 2022 Page| 4 RESOLUTION NO. 2022-042 5.6 Discuss and consider making appointments to various Council appointed boards. Motion to approve the appointment of Detrick DeBurr to Place 1 on Planning and Zoning Commission Advisory Board- Wade; second by Ensweiler, motion carried with all ayes. Motion to approve the appointment of Mark Kiernan to Place 5 on Keep The Colony Beautiful Board- Wade; second by Schrag, motion carried with all ayes. 5.7 Discuss the creation of a joint committee to evaluate and make recommendations regarding the Stewart Creek Park Master Plan. Mayor provided an overview on this item. The appointed committee members are as follows: Community Development Corporation board members Kathy Ray and Joshua Knapp, Community Services Director, Jackie Kopsa, Deputy City Manager, Brant Shallenburger, Deputy Mayor Pro Tem, Brian Wade and Council member, Judy Ensweiler. The Committee is to bring forth recommendations to Council by September. 5.8 Discuss the creation of a joint committee to evaluate and make recommendations regarding possible utilization of existing funds identified for veterans' recognition. Mayor provided an overview on this item. The appointed committee members are as follows: Community Development Corporation board members Dan Mahle and Kathy Braby, Community Services Director, Jackie Kopsa, Deputy City Manager, Brant Shallenburger, Mayor Pro Tem, Joel Marks, Council member Perry Schrag and Mary Garcia with the American Legion. The Committee is to bring forth recommendations to Council by September. Executive Session was convened at 7:05 p.m. 6.0 EXECUTIVE SESSION 6.1 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). Regular Session was reconvened at 8:32 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 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). 11 City Council – Regular Meeting Agenda June 21, 2022 Page| 5 No Action ADJOURNMENT With there being no further business to discuss the meeting adjourned at 8:34 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary 12 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: July 19, 2022 Submitted by: Jackie Kopsa Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute an amendment to the existing Multiple Use Agreement with the Texas Department of Transportation (TxDOT) for installation of solar lights at the Cascades/Grandscape Trail, for the area underneath the SRT/SH121 roadway. (Kopsa) Suggested Action: Attached agreement has been reviewed by the City Attorney and is included as an example document. TxDOT requires electronic DocuSign for the actual agreement. TxDOT will send info for DocuSign once Council has approved this item. It will be sent directly to Troy and I will notify him to be on the look out for it. Attachments: MUA The Colony Amend #1_SH 121 template pdf .pdf Res. 2022-xxx Multiple Use Agreement Amendment - CascadesGrandscape Trail.doc 13 AMENDMENT TO MULTIPLE USE AGREEMENT Form 2722 (11/18) Page 1 of 2 STATE OF TEXAS § COUNTY OF TRAVIS § WHEREAS, on the December 11, 2020 , the Texas Department of Transportation, the “State”, and the City of The Colony , the “City”, entered into a Multiple Use Agreement to allow the City use of state highway right of way; and WHEREAS, the State, under the aforementioned Agreement, authorized the City the use of right of way on SH 121 Control Section No. 0364-03 for the purpose of a public Cascades/Grandscape Trail ; and WHEREAS, the City desires to install solar lighting under the trail in the right way not authorized under the Multiple Use Agreement; and WHEREAS, the City and the State agree to amend the existing Multiple Use Agreement; AGREEMENT NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, the City and State do mutually agree to the amendment as follows: 1. to install solar lighting under SH121/SRT within the current easement In all other respects, the Agreement shall remain in force and effect without change. IN TESTIMONY WHEREOF, the parties hereto have caused this amendment to be executed in duplicate. The Amendment becomes effective when last executed. THE CITY of The Colony By: City Manager Printed Name Date: 14 Form 2722 (11/18) Page 2 of 2 THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, and established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Printed name Date: Approval Recommended: By: District Engineer Mohamed K. Bur, P.E. Printed Name 15 16 17 NTTA INTERLOCAL LICENSE AGREEMENT AND TxDOT MULTI-USE AGREEMENT - EXHIBIT-A 18 19 20 21 22 23 24 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING AN AMENDMENT TO THE EXISTING MULTIPLE USE AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR INSTALLATION OF SOLAR LIGHTS AT THE CASCADES/GRANDSCAPE TRAIL FOR THE AREA UNDERNEATH THE SRT/SH121; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and State have entered into a multiple use agreement for installation of solar lights at the Cascades/Grandscape Trail for the area underneath the SRT/SH121 roadway; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the agreement with the Texas Department of Transportation (TXDOT) under the terms and conditions provided therein; and THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1.The Multiple Use 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.This Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCOL OF THE CITY OF THE COLONY, TEXAS, THIS 19TH DAY OF JULY, 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: 25 ___________________________________ Jeff L. Moore, City Attorney 26 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: July 19, 2022 Submitted by: Jackie Kopsa Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a Landscape Maintenance Agreement with TXDOT for the City to maintain landscape enhancements on FM423 with funding by the Governor's Community Achievement Awards, sponsored by Keep Texas Beautiful and TxDOT. (Kopsa) Suggested Action: Attached agreement has been reviewed by the City Attorney and is included as an example document. TxDOT will send info for DocuSign once Council has approved this item. It will be sent directly to Troy and I will notify him to be on the look out for it. Attachments: CSJ 1567-02-037 The Colony LMA.pdf Res. 2022-xxx Landscape Maintenance Agreement with TxDOT.doc 27 28 29 30 31 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE LANDSCAPE MAINTENANCE AGREEMENT (LMA) BY AND BETWEEN THE CITY OF THE COLONY AND TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE CITY TO MAINTAIN LANDSCAPE ENHANCEMENTS ON FM 423; ATHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and Consultant have entered into an Agreement such that the Consultant is to provide the following services: MAINTAIN LANDSCAPE ENHANCEMENTS ON FM423 with funding by the Governor’s Community Achievement Awards sponsored by Keep Texas Beautiful and TxDOT; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Agreement with TEXAS DEPARMENT OF TRANSPORTATION (TXDOT), under the terms and conditions provided therein. 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, 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 19TH DAY OF JULY, 2022. ______________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeff L. Moore, City Attorney 32 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: July 19, 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 contracts with Utility Service Co., Inc. for two RCS treatment improvements for Water Towers situated at Clover Valley and North Colony. (Whitt) Suggested Action: Improvement will improve taste, odor and degradation of disinfectant levels. Through continuously blending and onsite treatment of the two different water sources groundwater and surface water that combine in the two half million gallon elevated storage tanks. Attachments: Utility Service Company Master Services Agreement.pdf Scope of Work for Clover Valley Est Tank RCS 10 Year MP.pdf Scope of Work for North Colony EST Tank RCS 10 Year MP.pdf Res. 2022-xxx Agreement with Utility Service Co.doc 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A CONTRACT WITH UTILITY SERVICE CO., INC. FOR TWO RCS TREATMENT IMPROVEMENTS FOR WATER TOWERS SITUATED AT CLOVER VALLEY AND NORTH COLONY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and Utility Service Co. entered into a contract agreement for two RCS Treatment improvements for Water Towers situated at Clover Valley and North Colony; and 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 19TH DAY OF JULY 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___ Jeff Moore, City Attorney 56 Agenda Item No:4.5 CITY COUNCIL Agenda Item Report Meeting Date: July 19, 2022 Submitted by: Shannon Stephens Submitting Department: Fire Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute work services with Air Cleaning Technologies in the amount of $132,624.05 for the refurbishment of the Plymovent diesel exhaust removing systems at Firehouse 1, 2, and 3; and the installation of new Plymovent system at Firehouse #4. (Thompson) Suggested Action: Background: This project was a planned and approved capital project for FY2021-2022. Purpose of project is to overhaul our Plymovent diesel exhaust removal systems for our apparatus bays. Project cost at the time of budget submission (3/2021) was $122,346.22. TCFD received an Assistance to Firefighters Grant (AFG) through FEMA for this project in the amount of $89,224.55. We were approved $35,000 to cover the difference in project cost in 670-6410-2230. This project was selected by FEMA in the first part of this year to be randomly audited. The audit is complete, and now we and Facility Maintenance are ready to proceed with scheduling the contractors for the project. Total project cost has increased to $132,642.05 due to market adjustments from the time of the original estimate (3/2021) - difference of $10,277.21. Requested amount covers adjusted full project cost and the City would be reimbursed $89,224.55 by FEMA at time of project completion. Attachments: The Colony #2 MG Conv. Quote 6-10-22.pdf The Colony #3 MG Conv. Quote 6-10-22.pdf The Colony #4 Proposal 06-10-2022.pdf The Colony #1 MG Conv. Quote 6-10-22.pdf Res. 2022.xxx Air Cleaning Technologies.docx 57 DISCOUNT %10% QTY NEW ARTICLE #PRODUCT NAME DESCRIPTION LIST PRICE DISCOUNTED PRICE TOTAL 4 00000116411 MID,ST HS 4IN x 10FT,1 PCS, ALL RAILS MID, STANDARD TEMP (ST) HOSE 4 IN. x 10 ft, WITH CLAMPS, 1 PIECE, SBTA, STRA, VSRX 488.00$ 439.20$ 1,756.80$ 3 00000112505 TPA 5IN,FOR MG 5IN TAILPIPE ADAPTER (TPA) 5 IN., FOR MAGNETIC GRABBER (MG) 5 IN. 285.00$ 256.50$ 769.50$ 1 00000112500 TPA 7IN,FOR MG 5IN TAILPIPE ADAPTER (TPA) 7 IN., FOR MAGNETIC GRABBER (MG) 5 IN. 456.00$ 410.40$ 410.40$ 4 00000111399 MG 5IN, FOR 4IN HOSE CONNECTION, SBT MAGNETIC GRABBER (MG) 5 IN., FOR 4 IN. HOSE CONNECTION, SBTA 1,014.00$ 912.60$ 3,650.40$ 1 00000105060 SDCH 4" MG SAFETY DISCONNECT HANDLE FOR 4" HOSE ON MAGNETIC SYSTEMS 273.00$ 245.70$ 245.70$ 2 00000116389 SBTA 20 4" X 15' ST UPPER REPLACEMENT HOSE 755.00$ 679.50$ 1,359.00$ 4 00000116342 HOSE / LOWER 4" HT LOWER HOSE ONLY, 2' LONG 4" DIA. YLW/BLK HIGH TEMP.213.00$ 191.70$ 766.80$ 3 00000114045 SADDLE / METAL 4"4" METAL ELBOW HOSE SADDLE (NO CLAMPS - ORDER IF REQUIRED)220.00$ 198.00$ 594.00$ 3 00000100363 BR-200 / 8-17 BALANCER FOR 17.6-37 LBS / 8-17 KG, CABLE L=6.6' / 2 M 547.00$ 492.30$ 1,476.90$ 1 00000101644 OS-3 DOOR DECAL OS-3 FRONT PANEL MEMBRANE, MYLAR DECAL (OLD # 977488)201.00$ 180.90$ 180.90$ 4 00000100716 PC-500-US PRESSURE SENSOR 44.50$ 40.05$ 160.20$ 4 KTX433C-WIRE-AC WIRELESS TRANSMITTER WIRELESS TRANSMITTER 52.00$ 52.00$ 208.00$ 1 RCR433C3R-AC1 WIRELESS RECEIVER WIRELESS RECEIVER COMPLTETE W / ANTENNA 229.00$ 229.00$ 229.00$ 2 37-5040 ADAPTER 5" X 4" EXHAUST ADAPTER 44.63$ 89.26$ 1 MISC. MATERIALS 10.00$ 10.00$ 10.00$ 4 LABOR CHARGE 85.00$ 340.00$ 1 TRUCK CHARGE 75.00$ 75.00$ 1 FREIGHT NOT INCLUDED (WILL BE ADDED TO INVOICE AT COST)-$ 44 QUOTE TOTAL 12,321.86$ MG CONVERSION QUOTE LEAD TIME: 3-6 WEEKS DATE June 10, 2022 AIR CLEANING TECHNOLOGIES, INC. 1300 WEST DETROIT STREET BROKEN ARROW, OK 74012 (P) 918.251.8000 (F) 918.251.4977 Kevin Day kday@aircleaningtech.com NAME THE COLONY STATION 2 ADDRESS 5572 N. COLONY BLVD. CITY/STATE/ZIP THE COLONY, TX. 75056 ATTN:BRIAN BLYTHE PHONE:214-491-7627 E-MAIL Bblythe@thecolonytx.gov TERMS: NET 30 DAYS WITH APPROVAL QUOTE VALID: 30 DAYS 58 DISCOUNT %10% QTY NEW ARTICLE #PRODUCT NAME DESCRIPTION LIST PRICE DISCOUNTED PRICE TOTAL 5 00000116411 MID,ST HS 4IN x 10FT,1 PCS, ALL RAILS MID, STANDARD TEMP (ST) HOSE 4 IN. x 10 ft, WITH CLAMPS, 1 PIECE, SBTA, STRA, VSRX 488.00$ 439.20$ 2,196.00$ 4 00000112505 TPA 5IN,FOR MG 5IN TAILPIPE ADAPTER (TPA) 5 IN., FOR MAGNETIC GRABBER (MG) 5 IN. 285.00$ 256.50$ 1,026.00$ 1 00000112500 TPA 7IN,FOR MG 5IN TAILPIPE ADAPTER (TPA) 7 IN., FOR MAGNETIC GRABBER (MG) 5 IN. 456.00$ 410.40$ 410.40$ 4 00000111399 MG 5IN, FOR 4IN HOSE CONNECTION, SBT MAGNETIC GRABBER (MG) 5 IN., FOR 4 IN. HOSE CONNECTION, SBTA 1,014.00$ 912.60$ 3,650.40$ 1 00000111363 MG 5IN,FOR 4IN HOSE CONNECTION,STR MAGNETIC GRABBER (MG) 5 IN., FOR 4 IN. HOSE CONNECTION, STRA 1,150.00$ 1,035.00$ 1,035.00$ 1 00000105060 SDCH 4" MG SAFETY DISCONNECT HANDLE FOR 4" HOSE ON MAGNETIC SYSTEMS 273.00$ 245.70$ 245.70$ 1 00000116387 STRA and VSRX 4" X 4' ST UPPER REPLACEMENT HOSE FOR MG SYSTEMS 263.00$ 236.70$ 236.70$ 5 00000116342 HOSE / LOWER 4" HT LOWER HOSE ONLY, 2' LONG 4" DIA. YLW/BLK HIGH TEMP.213.00$ 191.70$ 958.50$ 1 00000114045 SADDLE / METAL 4"4" METAL ELBOW HOSE SADDLE (NO CLAMPS - ORDER IF REQUIRED)220.00$ 198.00$ 198.00$ 5 00000100363 BR-200 / 8-17 BALANCER FOR 17.6-37 LBS / 8-17 KG, CABLE L=6.6' / 2 M 547.00$ 492.30$ 2,461.50$ 1 00000101644 OS-3 DOOR DECAL OS-3 FRONT PANEL MEMBRANE, MYLAR DECAL (OLD # 977488)201.00$ 180.90$ 180.90$ 5 00000100716 PC-500-US PRESSURE SENSOR 44.50$ 40.05$ 200.25$ 5 KTX433C-WIRE-AC WIRELESS TRANSMITTER WIRELESS TRANSMITTER 52.00$ 260.00$ 1 RCR433C3R-AC1 WIRELESS RECEIVER WIRELESS RECEIVER COMPLTETE W / ANTENNA 229.00$ 229.00$ 2 37-5040 ADAPTER 5" X 4" EXHAUST ADAPTER 44.63$ 89.26$ 1 MISC. MATERIALS 10.00$ 10.00$ 10.00$ 5 LABOR CHARGE 85.00$ 425.00$ 1 TRUCK CHARGE 75.00$ 75.00$ 1 FREIGHT NOT INCLUDED (WILL BE ADDED TO INVOICE AT COST)-$ 50 QUOTE TOTAL 13,887.61$ 214-491-7267 E-MAIL Bblythe@thecolonytx.gov TERMS: NET 30 DAYS WITH APPROVAL QUOTE VALID: 30 DAYS MG CONVERSION QUOTE LEAD TIME: 3-6 WEEKS DATE February 14, 2022 AIR CLEANING TECHNOLOGIES, INC. 1300 WEST DETROIT STREET BROKEN ARROW, OK 74012 (P) 918.251.8000 (F) 918.251.4977 Kevin Day kday@aircleaningtech.com NAME THE COLONY STATION 3 ADDRESS 4900 BLAIR OAKS DR. CITY/STATE/ZIP THE COLONY, TX. 75056 ATTN:BRIAN BLYTHE PHONE: 59 60 DISCOUNT %10% QTY NEW ARTICLE #PRODUCT NAME DESCRIPTION LIST PRICE DISCOUNTED PRICE TOTAL 3 00000116411 MID,ST HS 4IN x 10FT,1 PCS, ALL RAILS MID, STANDARD TEMP (ST) HOSE 4 IN. x 10 ft, WITH CLAMPS, 1 PIECE, SBTA, STRA, VSRX 488.00$ 439.20$ 1,317.60$ 2 00000112505 TPA 5IN,FOR MG 5IN TAILPIPE ADAPTER (TPA) 5 IN., FOR MAGNETIC GRABBER (MG) 5 IN. 285.00$ 256.50$ 513.00$ 1 00000112500 TPA 7IN,FOR MG 5IN TAILPIPE ADAPTER (TPA) 7 IN., FOR MAGNETIC GRABBER (MG) 5 IN. 456.00$ 410.40$ 410.40$ 3 00000399 MG 5IN, FOR 4IN HOSE CONNECTION, SBT MAGNETIC GRABBER (MG) 5 IN., FOR 4 IN. HOSE CONNECTION, SBTA 1,014.00$ 912.60$ 2,737.80$ 3 00000116342 HOSE / LOWER 4" HT LOWER HOSE ONLY, 2' LONG 4" DIA. YLW/BLK HIGH TEMP.213.00$ 191.70$ 575.10$ 3 00000114045 SADDLE / METAL 4"4" METAL ELBOW HOSE SADDLE (NO CLAMPS - ORDER IF REQUIRED)220.00$ 198.00$ 594.00$ 3 00000100363 BR-200 / 8-17 BALANCER FOR 17.6-37 LBS / 8-17 KG, CABLE L=6.6' / 2 M 547.00$ 492.30$ 1,476.90$ 3 00000100716 PC-500-US PRESSURE SENSOR 44.50$ 40.05$ 120.15$ 3 KTX433C-WIRE-AC WIRELESS TRANSMITTER WIRELESS TRANSMITTER 52.00$ 52.00$ 156.00$ 1 RCR433C3R-AC1 WIRELESS RECEIVER WIRELESS RECEIVER COMPLTETE W / ANTENNA 229.00$ 229.00$ 229.00$ 1 37-5040 ADAPTER 5" X 4" EXHAUST ADAPTER 44.63$ 44.63$ 1 MISC. MATERIALS 10.00$ 10.00$ 10.00$ 3 LABOR CHARGE 85.00$ 255.00$ 1 TRUCK CHARGE 75.00$ 75.00$ 1 FREIGHT NOT INCLUDED (WILL BE ADDED TO INVOICE AT COST)-$ 32 QUOTE TOTAL 8,514.58$ MG CONVERSION QUOTE LEAD TIME: 3-6 WEEKS DATE June 10, 2022 AIR CLEANING TECHNOLOGIES, INC. 1300 WEST DETROIT STREET BROKEN ARROW, OK 74012 (P) 918.251.8000 (F) 918.251.4977 Kevin Day kday@aircleaningtech.com NAME THE COLONY STATION 1 ADDRESS 4900 BLAIR OAKS DR. CITY/STATE/ZIP THE COLONY, TX. 75056 ATTN:BRIAN BLYTHE PHONE:214-491-7267 E-MAIL Bblythe@thecolonytx.gov TERMS: NET 30 DAYS WITH APPROVAL QUOTE VALID: 30 DAYS 61 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 WORK SERVICES AGREEMENT WITH AIR CLEARNING TECHNOLOGIES FOR THE REFURBISHMENT OF THE PLYMOVENT DIESEL EXHAUST REMOVING SYSTEMS AT FIREHOUSE 1,2 AND 3 AND THE INSTALLATION OF NEW PLYMOVENT SYSTEM AT FIREHOUSE #4; 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 Air Cleaning Technologies for the refurbishment of the Plymovent diesel exhaust removing systems at Firehouse 1, 2, and 3; and the installation of new Plymovent system at Firehouse #4; 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 Air Cleaning Technologies in the amount of $132,624.05 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 19TH DAY OF JULY 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeff L. Moore, City Attorney 62 Agenda Item No:4.6 CITY COUNCIL Agenda Item Report Meeting Date: July 19, 2022 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Recognition Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $55,988.75 with Stoic Civil Construction, Inc. for the Taylor Stream Bank Stabilization Project. (Hartline) Suggested Action: Background: Due to heavy rain events that have occurred over the last several years, an erosion problem has developed on Stream SC-1A near city Aquatic Center. If not addressed, this erosion problem could cause damage to the concrete pavement and drop structure located in this area of the channel. The Engineering Department performed a preliminary investigation of the bank erosion problem and has determined that the solution will require a gabion wall structure to help prevent further erosion from occurring in this area. A site location map and site photos of the area of concern are attached. The project will be funded using approved 2021-2022 CIP funding The scope of work consists of the installation of a gabion wall structure on the creek bank running parallel to Taylor Street. The work consists of the installation of 75 linear feet of a gabion wall structure. The structure will have height of 9 feet that includes 3 rows of 3’ x 3’ gabion baskets, gabion stone, filter fabric and a gravel backfill filter zone. Construction administration for the project will be provided by the Engineering Department. City Council approved resolution No. 2021-063 on October 6th, 2021 for an Interlocal Agreement between the City of The Colony and City of Plano to enter into a cooperative purchasing program which will allow each party to purchase goods and services under each other’s competitively bid contracts pursuant to Subchapter F, Chapter 271 of the Texas Local Government Code. This project’s gabion wall structure and gabion mattress installation will be performed in accordance with the requirements, pricing, and construction specifications as contained in the City of Plano Indian Creek Tributary No. 13 and Shady Creek Circle Bank Stabilization Agreement, Project # 7146, Contract #2022-0291-B. The contract with Stoic Civil Construction, Inc. is attached for review. Recommendation: Staff recommends approval of the Construction Services Contract in the amount of $55,988.75 with Stoic Civil Construction, Inc. for stream bank stabilization along Taylor channel. With approval, the project is anticipated to start construction in August 2022 with an estimated completion in November 2022. Attachments: 63 Location Map Financial Summary Photo 1. Looking South Photo 2 Looking North Construction Services Agreement with Stoic Civil Construction.pdf Res. 2022.xxx Stoic Civil Construction Inc. Construction Services Contract.docx 64 FoxTaylorRice T y l e rScott North Colony T w i t t y T u c k e r Rutledge U s h e r Ragan Adams PowersSagersµLocation MapTaylor Stream Bank Stabilization Project Erosion Problem Area on Stream SC-!A Bank 65 FINANCIAL SUMMARY: Are budgeted funds available:  Yes  No Amount budgeted/available: $ 55,988.75 Source of Funds: Erosion control/bank stabilization-alley along Taylor Channel: Storm Water Utility Fund 710-669-6421 Project Number 2268 Amount ($ 50,932.00) Miscellaneous drainage and erosion control projects: Storm Water Utility Fund 710-669-6421 Project Number 2273 Amount ($ 5,056.75) Cost of recommended bid/contract award: $ 55,988.75 Total estimated project cost: $ 0.00 Engineering Cost $ 55,988.75 Construction Cost Already authorized  Yes  No $ 55,988.75 Total Project Cost 66 67 68 1-1 Contract Documents STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the _____________ day of __________________ in the year 2022 by and between the CITY OF THE COLONY, TEXAS, a municipal corporation (hereinafter called OWNER) and STOIC CIVIL CONSTRUCTION, INC. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The scope of work consists of the installation of a gabion structure on the creek bank running parallel to Taylor Street. The work consists of the installation of a 75 linear feet gabion structure at a height of 9 feet which includes 3 rows of 3 feet by 3 feet gabion baskets, gabion stone, filter fabric and gravel backfill filter zone. Excavation work for the 1 foot flex base below the bottom gabion baskets is included This project’s gabion wall structure and gabion mattress installation shall be performed in accordance with the requirements, pricing, and construction specifications as contained in the City of Plano Indian Creek Tributary No. 13 and Shady Creek Circle Bank Stabilization Agreement, Project # 7146, Contract #2022-0291- B.. The pricing and requirements called out within the attached proposal #062250 provided from Stoic Civil Construction, Inc. dated July 1, 2022 shall be a part of this contract. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: TAYLOR STREAM BANK STABILIZATION City of The Colony Article 2. ENGINEER. The Bidding and Contract Documents that control this project consist of the City of Plano Indian Creek Tributary No. 13 and Shady Creek Circle Bank Stabilization Agreement, Project # 7146, Contract #2022-0291-B which the Contractor has previously signed with City of Plano. Contract administration will be provided by the City of The Colony Engineering Department who is hereinafter called 69 1-2 Contract Documents: ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to the ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. The Work will be completed within 60 calendar days after Notice to Proceed which includes 5 inclement weather days. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the unit prices listed in the City of Plano Indian Creek Tributary No. 13 and Shady Creek Circle Bank Stabilization Agreement, Project # 7146, Contract #2022 -0291-B and the attached proposal #062250 provided from Stoic Civil Construction, Inc. dated July 1, 2022. The contract sum shall not exceed the amount of $ 55,988.75 unless authorized in writing by the City. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit monthly Applications for Payment to ENGINEER 5.1. Progress Payments. OWNER shall make progress payments in accordance with the Contract unit prices on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the unit costs established in Plano’s Indian Creek Tributary No. 13 and Shady Creek Circle Bank Stabilization Agreement, Project # 7146, Contract #2022-0291-B and the attached proposal #062250 provided from Stoic Civil Construction, Inc. dated July 1, 2022. 5.1.1. Prior to Completion, Progress Payments will be made in an amount equal to the percentage indicated in Plano’s Indian Creek Tributary No. 13 and Shady Creek Circle Bank Stabilization Agreement, Project # 7146, Contract #2022-0291-B, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Plano’s Indian Creek Tributary No. 13 and Shady Creek Circle Bank Stabilization Agreement, Project # 7146, Contract #2022 -0291-B. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with ENGINEER and Plano’s Indian Creek Tributary No. 13 and Shady Creek Circle Bank Stabilization Agreement, Project # 7146, Contract #2022 -0291-B Contract, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER. 70 1-3 Contract Documents: Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR’S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with Plano’s Indian Creek Tributary No. 13 and Shady Creek Circle Bank Stabilization Agreement, Project # 7146, Contract #2022 -0291-B and the attached proposal #062250 provided from Stoic Civil Construction, Inc. dated July 1, 2022. 7.2. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of Plano’s Indian Creek Tributary No. 13 and Shady Creek Circle Bank Stabilization Agreement, Project # 7146, Contract #2022-0291-B. 7.3. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1-1 through 1-10, inclusive). 8.2. Plano’s Indian Creek Tributary No. 13 and Shady Creek Circle Bank Stabilization Agreement, Project # 7146, Contract #2022-0291-B. 8.3. CONTRACTOR's #062250 provided from Stoic Civil Construction, Inc. dated July 1, 2022. 8.4. Documentation submitted by CONTRACTOR prior to Notice of Award. 71 1-4 Contract Documents: 8.4. Certificate of Insurance Information. Form 1295, Conflict of Interest Questionnaire Form and House Bill 89 Verification. 8.6. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Plano’s Indian Creek Tributary No. 13 and Shady Creek Circle Bank Stabilization Agreement, Project # 7146, Contract #2022-0291-B. The Contract Documents may only be amended, modified, or supplemented by official Change Order (Contract Amendment) between the City of The Colony and CONTRACTOR. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Plano’s Indian Creek Tributary No. 13 and Shady Creek Circle Bank Stabilization Agreement, Project # 7146, Contract #2022 -0291- B. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (expect to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. AFFIDAVIT OF BILLS PAID. Prior to final acceptance of this project by the Owner, the Contractor shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the project construction have been paid in full, and that there are no claims pending. Article 11. CERTIFICATE OF INSURANCE Pursuant to the terms and pricing included as part of Plano’s Indian Creek Tributary No. 13 and Shady Creek Circle Bank Stabilization Agreement, Project # 7146, Contract #2022 -0291-B, after award of contract, Contractor will provide Owner with Certificate of Insurance which will be executed and bound here with final documents. 72 73 Proposal # 062250 - Revised Stoic Civil Construction, Inc. Bid Date: Project: Owner: ITEM NUMBER DESCRIPTION QUANTITIES UNIT BID PRICE EXT. PRICE MOB / DEMOB 1 LS $5,880.00 $5,880.00 GABION WALL 143.00 CY $340.00 $48,618.75 GABION MATTRESS 15.00 SY $100.00 $1,500.00 TOTAL $55,998.75 NOTES: Dewatering is included in this proposal. Install Quote 2650 FM 407 East - Suite 145, Box 106 Bartonville, TX 76226 (Phone) 940.455.2660 aaron@stoic-civil.com 6/23/2022, Revised 07/01/2022 Bank Protection - Taylor Street, The Colony City of The Colony "Gabion Mattress" item includes all material, labor, and equipment to install a 75 LF of gabion mattress apron in front of "Gabion Wall"'. This item includes 3' x 1' gabion mattress, gabion stone and filter fabric. Stoic Civil Construction proposes to provide all the material, labor, equipment and supervision necessary to perform the following work: "Gabion Wall" item includes all material, labor, and equipment to install a 75 LF gabion structure at a height of 9'. This item includes 3' x 3' gabion baskets, gabion stone, filter fabric, and gravel backfill filter zone. Excavation for 1' embedded flex base below the bottom baskets is included in this proposal. (Wall configuration shall run approx. 75 LF consisting of 3 rows of gabion baskets; bottom row 6'wide x3' tall, middle row 4.5'x3' and top row 3'x3'.) Mob/Demob item consists of mobilizing to and from project, setting up barricades in parking lot, clearing and grubbing creek, removal, haul off and legal disposal of spoils outside the City from the creek/work site, final grade of embankment, placing seed and grass met on embankment and site restoration. All quantity actually installed shall be paid at the listed unit price. Unhindered access to work area as well as a staging area near the work zones will be required. All soil density/material testing is excluded. For questions, please call Aaron Neron at (469) 766-3185 74 1-7 Contract Documents Certificate Of Insurance After award of contract, Contractor will provide Owner with Certificate of Insurance which will be executed and bound here with final documents. 75 76 77 78 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 STOIC CIVIL CONSTRUCTION, INC. FOR THE TAYLOR STREAM BANK STABILIZATION 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 Stoic Civil Construction Inc. for the Taylor Stream Bank Stabilization Project; 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 Stoic Civil Construction Inc. in the amount of $55,988.75 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 19TH DAY OF JULY 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeff L. Moore, City Attorney 79 Agenda Item No:4.7 CITY COUNCIL Agenda Item Report Meeting Date: July 19, 2022 Submitted by: Chris Cuellar Submitting Department: Information Technology Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a 3-year contract in the amount of $51,261 per year with GoTo Technologies for city-wide phone services. (Cuellar) Suggested Action: Attachments: GoTo Connect Quote.pdf Phone System Background Info.docx Res. 2022-xxx Agreement with GoTo Technologies.doc 80 81 82 83 Phone System Background Information: This is a budgeted item included in FY21/22 and requested as part of the FY22/23 budget. The GoTo Technologies phone system has been in use since 2019 and was thoroughly researched at that time via a committee consisting of City staff from various departments and a member of the Technologies Board. The GoTo Technologies phone system has performed well during the past 3 years and has been both reliable and stable. Additional quotes were obtained from competitors and GoTo Technologies consistently came in at a lower cost. The contract terms and conditions have been reviewed / approved by the City Attorney. GoTo Technologies is a subscription-based Software as a Service (or SaaS) and is a way of delivering phone services over the Internet—as a service. Instead of installing and maintaining software, the phone system is managed via the Internet, freeing staff from complex software and hardware management. 84 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A CONTRACT WITH GOTO TECHNOLOGIES FOR CITY-WIDE PHONE SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and GoTo Technologies entered into a 3-year contract agreement for city-wide phone services; 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 GoTo Technologies in the amount of $51, 261.00 for such work. 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 19TH DAY OF JULY 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___ Jeff Moore, City Attorney 85 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: July 19, 2022 Submitted by: David Cranford Submitting Department: Finance Item Type: Discussion Agenda Section: Subject: Discuss and consider the proposed 2022 tax rate of $.6475 per $100 of property valuation and setting the date for public hearings on the budget, tax rate, and GrandScape PID assessment on August 16th, 2022. In addition, approval of the 2022-2023 fee schedule, tax rate, budget, and PID assessment on September 6th, 2022. (Miller) Suggested Action: Public hearings are required by tax code and charter. Proposed tax rate is being decreased 1/4 of a cent which will reduce property tax revenues about $160,500. Attachments: 86 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: July 19, 2022 Submitted by: Joe Perez Submitting Department: General Admin Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute an interlocal agreement with Collin College Veterinary Technology Program permitting use of The Colony Animal Shelter for Curriculum and Instruction. (Perez) Suggested Action: Approval Attachments: The Colony-Collin College - Interlocal Cooperation Agreement for Animal Shelter Res. 2022-xxx Interlocal Agreement with Collin College Veterinary Techology Program.docx 87 STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT FOR THE COLONY ANIMAL SHELTER USE§ COUNTY OF COLLIN § This Interlocal Cooperation Agreement (“Agreement”) is made by and among the CITY OF THE COLONY, TEXAS, a Texas home-rule municipality (hereinafter referred to as “City”), and the Collin County Community College District, a Texas public junior college established under Chapter 130 of the Texas Education Code, (hereinafter referred to as “Collin College”) acting by and through their duly authorized representatives (the City and Collin College collectively referred to as “the Parties” or individually as “Party”). Recitals WHEREAS, the City and Collin College are political subdivisions within the State of Texas, each of which engages in the provision of governmental services for the benefit of their citizens; and WHEREAS, the Interlocal Cooperation Act under Chapter 791 of the Texas Government Code (the “Act”) provides authority for local governments of the State of Texas to enter into Interlocal agreements with each other regarding governmental functions and services as set forth in the Act; and WHEREAS, the City owns, operates, and maintains The Colony Animal Shelter (hereinafter referred to as “Shelter” or “Facility”) for the purpose of serving The Colony’s pets and wildlife through adoption, rehabilitation, pet registration, animal surrender and education; and WHEREAS, Collin College wishes to use designated areas of the Shelter for conducting the Veterinary Technology Programs of Collin College; and WHEREAS, the use of the Shelter in the provision of governmental services promotes efficiency and effectiveness of local governments, and provides real life educational experiences for Collin College students; and WHEREAS, any payments that the Parties are required to make hereunder, if any, shall be made from current, available revenue; NOW, THEREFORE, the City and Collin College, for and in consideration of the and terms and conditions contained herein and other valuable consideration the receipt and sufficiency of which are hereby acknowledged the Parties agree as follows: I. TERM: PURPOSE The term of this Agreement is will begin on the 1st day of May, 2021, and continue through the 30th day of April, 2022 (“Initial Term”). Thereafter the term of this Agreement shall automatically be renewed for successive terms of one (1) year periods each (each a “Renewal Term”), unless sooner terminated by any Party by providing to the other Party written notice of termination at least 30 days before the end of the then 88 current term. For purposes of this Agreement “term” shall mean the Initial Term and any Renewal Term. The purpose of this Agreement is to set forth the terms and conditions for the use of the Shelter by Collin College to provide instruction to students enrolled at Collin College for Veterinary Technology Programs. II. OBLIGATIONS OF COLLIN COLLEGE Section 2.01 Collin College shall use the Shelter for Curriculum and Instruction – Collin College will have sole oversight and control of the curriculum, staffing, and instructional materials for the college courses offered at the Facility. Section 2.02 Equipment Utilization – Collin College will supply any equipment needed for the program. Such equipment will be made available to teachers and students. Each student receiving instruction at the Facility may not use any City equipment, computer, fax, or telephone equipment, except the City’s telephone may be used in the event of an emergency. Section 2.03 Standards of Conduct – Collin College shall be responsible for resolving standards of conduct violations by students admitted to Collin College or persons employed by Collin College at the Facility. Each student receiving instruction at the Facility shall be required to comply with Facility Polices. Section 2.04 Collin College shall ensure that each student receiving instruction at the Facility provides a liability release form, in a form provided by City, prior to being permitted to access the Facility. Section 2.05 Collin College shall during the term of this Agreement obtain and maintain in full force and effect, at its expense, the following policies of insurance and coverage: (a)Commercial General Liability Policy. Commercial General Liability Policy covering bodily injury, death and property damage, including the property of the City, its officers, contractors, agents and employees (collectively referred to as the “City”) insuring against claims, demands or actions relating to Collin College use of the Facility pursuant to this Agreement with minimum limits of not less than Two Million Dollars ($2,000,000) combined single limit, and One Million Dollars ($1,000,000) aggregate, This policy shall be primary to any policy or policies carried by or available to the City, as relates to District operations. (b)Workers' Compensation/Employer's Liability Insurance Policy. Workers' Compensation/Employer's liability insurance policy in full accordance with the statutory requirements of the State of Texas and shall include bodily injury, occupational illness or disease coverage with minimum Employer’s Liability limits of not less than $1,000,000/$1,000,000/$1,000,000. (c)Automobile Liability Insurance Policy. Automobile liability insurance policy covering all operations of the Collin College pursuant to this Agreement involving the use of motor vehicles, including all owned, non-owned and hired vehicles with minimum limits of not less than One Million Dollars ($1,000,000) combined single limit for bodily 89 injury, death and property damage liability. (d)Excess Coverage. The above insurance limits can be provided by primary policies reflecting required limits or through a combination of primary and excess liability insurance policies. The general liability and automobile liability insurance shall be primary and any excess or umbrella coverage shall follow form to the primary coverage. (e)Waiver of Subrogation Rights. All such policies of insurance shall waive the insurer's right of subrogation against the City. The Commercial General Liability, Worker’s Compensation, and Business Auto insurance required pursuant to this Agreement shall provide for waivers of all rights of subrogation against the City. (f)Additional Insured Status. All insurance shall be endorsed to provide the following provisions: (1) name the City, its council, officers, and employees as additional insureds as to all applicable coverage with the exception of Workers Compensation Insurance; (2) provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance A specific endorsement needs to be added to all policies, with a copy of the endorsement provided to the City that indicates the insurance company will provide to the City at least a thirty (30) day prior written notice for cancellation, non- renewal, and/or material changes of the policy. In the event the companies providing the required insurance are prohibited by law to provide any such specific endorsements Collin College shall provide at least thirty (30) days prior written notice to the City of any cancellation, non-renewal and/or material changes to any of the policies of insurance. All policies must be written on a primary basis, non-contributory with any insurance coverage and/or self-insurance maintained by the City. (g)Certificates of Insurance. Certificates of Insurance and policy endorsements in a form satisfactory to City shall be delivered to City prior to the commencement of the use of the Facility under this Agreement and annually thereafter until the expiration or termination of this Agreement. All required policies shall be endorsed to provide the City with thirty (30) days advance notice of cancellation, waiver of subrogation, City as additional insureds, and shall be primary with City insurance coverage being non-contributory. (h)At the renewal of the required insurance policies, Collin College shall cause a Certificate of Insurance and policy endorsements to be issued evidencing the required insurance herein and delivered to City. In addition, Collin College shall, within ten (10) business days after written request, provide City with Certificates of Insurance and policy endorsements for the insurance required herein. All policies must be written on a primary, non-contributory basis with any other insurance coverage and/or self- insurance maintained by City. (i)Carriers. All policies of insurance required to be obtained by Collin College pursuant to this Agreement shall be maintained with insurance carriers that are reasonably satisfactory to City and lawfully authorized to issue insurance in the state of Texas for the types and amounts of insurance required herein. All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least “A - VII or better” by AM Best or other equivalent rating service. 90 III. OBLIGATIONS OF CITY Section 3.01 Allow Collin College program staff and students access at no charge to the treatment areas and kennel areas, along with access to the parking lot, of the Facility. Section 3.02 Work with Collin College to permit preliminary setup for events after 8 a.m. on days specified for labs and activities. Section 3.03 Facility Compliance –The City will be responsible for ensuring that the Facility is following all local, state, and federal statutes, regulations, and codes including, but not limited to applicable building codes (structural, electrical, plumbing, HVAC, and life safety). Article IV. CONTROL OF THE EVENT Section 4.01 Other than as outlined in this Agreement, Collin College shall control and direct the planning, execution, and decision-making regarding the Veterinary Technology Programs. The Parties agree that nothing in the Agreement makes any employee of Collin College an employee of the City, nor makes any employee of the City an employee of Collin College. All employees of Collin College providing services related to this Agreement shall be solely subject to Collin College’s policies and procedures. Article V. LIABILITIES It is understood that no Party to this Agreement is the agent of any other Party and no Party is liable for the wrongful acts or negligence of other parties. Each Party shall be responsible for its negligent acts or omissions and those of its own officers, employees, or agents to the extent provided by applicable Texas law. Article VI. SIGNATURE AND MODIFICATION This Agreement may only be modified by written consent of authorized officials from the City and Collin College. This Agreement shall become effective upon signature by the authorized officials from each Party and will remain in effect until modified or terminated by consent of all Parties. This Agreement contains the entire agreement of the Parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the written agreement of all the Parties hereto. Article VII. CHOICE OF LAW / VENUE / RESOLUTION OF DISPUTES This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. Venue for any action related to this Agreement shall lie in the applicable state or federal district courts in and for Collin County, Texas. The Parties agree to pursue mediation of disputes as the first resort. If mediation is unsuccessful, the Parties may pursue other legal action. 91 Article VIII. AUTHORITY The individuals executing this Agreement on behalf of the respective Parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the Party for which his/her signature appears, that there are no other Parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the Party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. Article IX. ASSIGNMENT This Agreement may not be assigned by any Party without the consent of the other Parties. Article X. ENTIRE AGREEMENT This Agreement represents the entire agreement between the City and Collin College, and supersedes all prior negotiations, representations and/or agreements, either written or oral. The Parties may amend this Agreement only by written instrument signed by Collin College and the City. Article XI. NOTICES Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or on the day actually received when sent by courier or otherwise hand delivered. If intended for Collin College, to:If intended for City, to: Collin College Representative:City Representative: Vice President of Administrative Services/CFO City Manager Collin Higher Education Center City of The Colony 3452 Spur 399 6800 Main Street McKinney, Texas 75069 The Colony, Texas 75056 WITH COPY TO:WITH COPY TO: Sabrina L Cummings, DVM, PhD Mark Cooper Director of Veterinary Technology Animal Services Manager 391 Country Club Drive 6800 Main Street Wylie, Texas 75098 The Colony, Texas 75056 (972) 378-8378 (972) 370-9250 Email: slcummings@collin.edu Email:MCooper@TheColonyTX.gov Article XIII. SEVERABILITY 92 The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Agreement. However, upon the occurrence of such event, either Party may terminate this Agreement by giving the other Party thirty (30) days written notice. Article XV. INTERPRETATION OF AGREEMENT This is a negotiated document. Should any part of this Agreement be in dispute, the Parties agree that the Agreement shall not be construed more favorably for any Party. Article XVI. REMEDIES No right or remedy granted herein or reserved to the Parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the Parties. It is further agreed that one (1) or more instances of forbearance by any Party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. Article XVII. SUCCESSORS AND ASSIGNS The terms and conditions of this Agreement are binding upon the successors and assigns of the Parties. Article XVIII COUNTERPARTS This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. ARTICLE XIX GOVERNMENTAL IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, no Party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to or against claims arising in the exercise of governmental functions relating hereto or otherwise. By entering into this Agreement, the Parties do not create any obligations, expressed or implied, other than those set forth herein, and this Agreement shall not create any rights in any parties not signatory hereto. Each Party agrees to and accepts full responsibility for the acts, negligence and/or omissions of such Party’s officers, agents and employees in the execution and performance of this Agreement. EXECUTED on the dates indicated below: COLLIN COUNTY COMMUNITY COLLEGE DISTRICT 93 BY:____________________________ Dr. J. Robert Collins Chair, Board of Trustees CITY OF THE COLONY, TEXAS BY:_________________________ Troy Powell City Manager ATTEST: Tina Stewart, City Secretary APPROVED AS TO FORM: ________________________________ Jeff Moore, City Attorney 94 95 ACKNOWLEDGEMENTS STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the _____ day of _________________, 2021, by Dr. J. Robert Collins, Chair, Board of Trustees of the COLLIN COUNTY COMMUNITY COLLEGE DISTRICT, a public junior college established under Chapter 130 of the Texas Education Code. ____________________________ Notary Public, State of Texas STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me on the _____ day of _________________, 2021, by TROY POWELL, City Manager of the CITY OF THE COLONY, TEXAS, a home-rule municipality, on behalf of such Municipality. ____________________________ Notary Public, State of Texas 96 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY, TEXAS, AND COLLIN COUNTY COMMUNITY COLLEGE DISTRICT, A TEXAS PUBLIC JUNIOR COLLEGE, AUTHORIZING THE USE OF THE COLONY ANIMAL SHELTER; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City Council of the City of The Colony, Texas, has determined that it would be in the best interest of citizens of the City of The Colony, Texas, to enter into the Interlocal Cooperation Agreement with Collin County Community College District, a Texas public junior college, to authorize the use of City of The Colony Animal Shelter. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. Section 2.The City Council of the City of The Colony, Texas, hereby approves and authorizes the City Manager to execute an Interlocal Cooperation Agreement for The Colony Animal Shelter Use by and between the City of The Colony, Texas, and the Collin County Community College District, a Texas public junior college, a copy of which is attached hereto as Exhibit A, and is incorporated herein for all purposes. 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 19TH DAY OF JULY 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas 97 ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 98 Exhibit A 99 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: July 19, 2022 Submitted by: Joe Perez Submitting Department: General Admin Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute a contract service agreement with SPAN (Special and Aging Needs) for FY 2022/23. (Perez) Suggested Action: Attachments: 2022-23 SPAN contract agenda narrative.docx Agreement with SPAN - FY 2023 Res. 2022-xxx SPAN Contract Service Agreement.doc 100 This item is to consider adopting the proposed 2022-23 SPAN service contract. This is the seventh service contract brought before Council to consider between The Colony and SPAN. The 22/23 service contract is nearly identical in terms of cost to the 21/22 service contract however; there is a $6,5000 increase to the Meals on Wheels/senior center congregate meals portion of the 22/23 contract due to increases in costs of the individual meals and their delivery. All of the transportation costs associated with the contract will again be covered by remaining CARES act funding with the exception of the senior center fair reimbursements which are not covered by CARES funding. The funding requests proposed in the 2022-23 contract are for items covered in previous contracts that are unique to The Colony’s service contract with SPAN. Program areas include senior center trip reimbursements, meals on wheels programming and a third section that was added for the first time to last year’s contract per Council direction with an amount not to exceed $7500. This section of contract covers discretionary/unforeseen costs for SPAN’s service delivery(approved by city staff prior) to residents of The Colony as well as to cover costs associated with Next Steps and/or for residents who do not otherwise qualify for a reduced or covered trip because of a Federal or State mandate within the contract year. With that said, the total funding request for the 22-23 contract is $29,000. 101 SERVICE AGREEMENT STATEOFTEXAS § COUNTY OF DENTON § SERVICE AGREEMENT THIS SERVICE AGREEMENT ("Agreement") is entered into by and between the CITY OF THE COLONY, TEXAS ("CITY"), acting by and through its duly authorized designee, and SPAN, INC.,a Texas non-profit corporation ("SPAN”), operating in Denton County, Texas as an organization described in Section 501(c)(3) of the Internal Revenue Code, acting by and through its duly authorized Executive Director. The CITY or SPAN may hereinafter be referred to individually as a “Party” or collectively as “Parties.” RECITALS: WHEREAS,SPAN enables people to live as fully and independently as possible by providing nutrition, transportation and social services to older persons, persons with disabilities, veterans, and the general public; and WHEREAS,the success of or failure of the SPAN's purposes and goals has a relation to the health and welfare of the citizens of the CITY; and WHEREAS,the CITY is charged with the responsibility of promoting and preserving the health, safety, peace, good government, and welfare of its citizens; and WHEREAS,the CITY recognizes that it needs transportation alternatives for its elderly, and disabled citizens to seek routine medical care and to deal with daily routine matters, and the CITY desires to assist and provide public transportation to said citizens; and WHEREAS,CITY desires to engage SPAN as an independent contractor, and not as a joint venture, partnership, or employee, to provide the transportation services described herein; and WHEREAS,SPAN is authorized as a non-profit corporation, grandfathered under the Texas Transportation Code to provide this type of transportation to municipalities found in whole or in part within Denton County, Texas; and WHEREAS,SPAN desires to provide transportability services for CITY on the terms and conditions set forth in this Agreement. 102 SERVICE AGREEMENT NOW THEREFORE, in exchange for the mutual covenants set forth herein, and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows: Article I Term 1.01. This Agreement shall commence on October 1, 2022 ("Effective Date") and continue until September 30, 2023. 1.02. Either Party may terminate this Agreement by giving thirty (30) days prior written notice to the other Party, subject to federal requirements related to public transportation. Article II Service 2.01. In accordance with this Agreement, SPAN shall provide door-to-door demand response transit services to the CITY’s residents who are sixty (60) years of age or older and persons with documented disabilities, or sixty-five (65) years or older and persons with documented disabilities when 5310 funds are used in support of this Agreement ("Riders"). 2.02. Riders shall be picked up within service area and taken anywhere in the SPAN/CITY transit service destination area shown on Exhibit "A"hereto (“Service Area”), at a cost to the Riders of Three Dollars ($3.00). The Riders shall remit the total fare recited in this section at or prior to the time the service is rendered. SPAN Transportation policy and procedures are attached hereto and incorporated herein as Exhibit "B"("the Policy"). 2.03. Situations may arise when Riders call and request service that is not identified as a part of the Service Area. SPAN may make a request to the CITY’s appointed representative to accommodate the Rider by temporarily transporting outside of the Service Area. The Service Area may be more permanently amended at the request of either Party, if both Parties mutually agree to such amendment of Exhibit A in writing. 2.04. Riders may call at least one (1) day in advance, but no more than two (2) weeks in advance, to set up appointments for pick-up and drop off. Riders may schedule a ride by calling SPAN'S Transportation Office at 940-382-1900, weekdays between the hours of 8:00 a.m. and 2:00 p.m. 2.05. Demand response transit service is available between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, excluding Saturday, Sunday, major holidays and subject to capacity constraints and availability. 103 SERVICE AGREEMENT Article III Schedule of Work 3.01. SPAN shall provide all equipment, facilities, qualified employees, training, and insurance necessary to establish a demand response transit service for the Riders. SPAN shall further establish, operate, and maintain an accounting system for this program that will allow for a tracking of services provided to Riders and a review of the financial status of the program. SPAN shall also track and break down the information regarding the number of one-way trips it provides to Riders. 3.02. SPAN will be responsible for verifying and documenting the eligibility of Riders. SPAN reserves the right to determine on an individual basis whether SPAN has the capability to safely transport a Rider, based on the information provided. If SPAN determines that a Rider cannot safely be transported, SPAN shall decline transportation and shall provide documentation as to the reason why service was declined. 3.03. The CITY shall have the right to review the activities and financial records kept incident to the services provided to the Riders by SPAN under this Agreement. In addition, SPAN shall provide monthly ridership information to the CITY appointed designee specifically identifying the number of Rider trips including rider origination, destination, and purpose. 3.04. SPAN will inform riders that their trips to the doctor or dentist’s office, drug store or other location may qualify as a Medicaid eligible trip. SPAN will direct potential Medicaid eligible riders to call Texas Health and Human Services to schedule free transportation through Medicaid by calling toll free 1-877-633-8747 (TTY: 1-800-735-2989) or 1-877-MED-TRIP, Monday through Friday between 8:00 a.m. and 5:00 p.m., at least two days before their appointment or trip. Article IV Compensation and Method of Payment 4.01. SPAN is receiving CARES Act, federal funding for transportation operations, which will allow for 100% reimbursed billing without the need for local funding match from the CITY. SPAN’s demand response transportation will be provided to the CITY without fee for the entirety of the Agreement or until CARES Act funding is expended, whichever occurs first. SPAN invoices will not be sent, nor payments made by CITY while CARES Act funding is being utilized. Should CARES Act funding be fully expended prior to the end of the Term, the Parties shall mutually agree upon a CITY local funding match to provide for the services under this Agreement. Such CITY local funding match shall be in effect from the time when the CARES Act funding is expended until the end of the Term. Article V Senior Fare Reimbursement 104 SERVICE AGREEMENT 5.01. The CITY hereby agrees to pay an amount not to exceed Seven Thousand and Five Hundred Dollars ($7,500.00)as reimbursement for CITY residents’ transportation/fares to and from the Senior Center. This amount is based on Two Thousand Five Hundred (2,500) fares at a cost of Three Dollars ($3.00) per trip. 5.02. Reimbursement of Senior Center fares shall be processed twice a year: SPAN will invoice the CITY in May 2023 for rides/trip counts for October 2022- March 2023. SPAN will invoice the CITY in October 2023 for rides/trip counts for April 2023- September 2023. Article VI Meal Reimbursement for Congregate and Home Delivered 6.01. SPAN provides Federal Administration on Aging Title III food and educational nutrition programs by serving meals at senior centers (congregate meals) and delivering meals to homebound seniors. SPAN agrees to provide such services to eligible CITY residents. 6.02. For the operation and provision of the services described in this Article VI, the CITY shall pay SPAN the sum of Fourteen Thousand Dollars ($14,000.00)upon execution of this Agreement. Article VII Discretionary Funds and Next Steps Program 7.01. For the operation and provision of the services described in subsections (a) and (b) of this Article VII, the CITY shall make available to SPAN a sum not to exceed Seven Thousand Five Hundred Dollars ($7,500.00)upon execution of this Agreement. (a)Reimbursement for transportation/fares for clients who are participating in The Colony Next Steps 501c3. (b)Per authorization of CITY Manager or other CITY designee, reimbursement for discretionary costs associated with the delivery of SPAN’s services in general, as well as for residents of The Colony who otherwise do not qualify for SPAN’s services due to federal or state funding regulations and guidelines. Article VIII Devotion of Time, Personnel, and Equipment 8.01. SPAN shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. Should CITY require additional services not included under this Agreement, SPAN shall make reasonable effort to provide such additional services within the time schedule without decreasing the effectiveness of the performance of services required under this Agreement and shall be compensated for such additional services on a time and materials basis, in accordance with SPAN' s standard hourly rate schedule, or as otherwise agreed between the Parties. 105 SERVICE AGREEMENT 8.02. To the extent reasonably necessary for SPAN to perform the services under this Agreement, SPAN shall be authorized to engage the services of any agents, assistants, persons, or corporations that SPAN 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 included as part of the total compensation to be paid SPAN hereunder and shall not otherwise be reimbursed by CITY unless otherwise agreed to in writing. 8.03. The CITY shall not be required to furnish any facilities, equipment, or personnel necessary to perform the services required under this Agreement unless otherwise provided herein. The Services provided under this Agreement are based on availability. 8.04 SPAN reserves the right to suspend or terminate Riders who violate SPAN’s policies and procedures. Article IX Miscellaneous 9.01. Entire Agreement. This Agreement constitutes the sole and only agreement between the Parties and supersedes any prior understandings written or oral agreements between the Parties with respect to this subject matter. 9.02. Assignment. Neither Party may assign this Agreement without the prior written consent of the other Party. 9.03. Successor and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. 9.04. Mediation. In the event of any dispute regarding this Agreement or the terms contained herein, the Parties hereto agree that they shall submit such dispute to non-binding mediation, prior to any litigation being filed. 9.05. Governing Law. The laws of the State of Texas shall govern this Agreement without regard to any conflict of law rules; and venue for any action concerning this Agreement shall be in Denton County, Texas or the Federal courts having jurisdiction over claims arising in Denton County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 9.06. Amendments. This Agreement may be amended by the mutual written agreement of the Parties. 9.07. 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, such invalidity, illegality, or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 106 SERVICE AGREEMENT 9.08. Independent Contractor. It is understood and agreed by and between the Parties that SPAN, in satisfying the conditions of this Agreement, is acting independently. All services to be performed by SPAN pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of CITY. SPAN shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. Nothing contained herein shall constitute or provide for as a waiver of the CITY’s immunity under state or federal law. 9.09. Notice. Any notice required or permitted to be delivered hereunder may be sent by electronic mail, 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: Troy Powell City Manager The Colony, Texas 6800 Main Street The Colony, Texas 75056 972-625-1756 If intended for SPAN: Michelle McMahon Executive Director Span, Inc. 1800 Malone Street Denton, Texas 76201 940-382-2224 - Office 9.10. Insurance. (a) SPAN shall during the term hereof maintain in full force and effect the following insurance: (1) a comprehensive commercial general liability policy of insurance for bodily injury, death, and property damage insuring against all claims, demands or actions relating to SPAN' s performance of services pursuant to this Agreement with a minimum combined single limit of not less than $1,000,000.00 per occurrence for injury to persons (including death), and for property damage with an aggregate of $2,000,000.00. (2) policy of automobile liability insurance covering any vehicles owned and/or operated by SPAN, its officers, agents, and employees, and used in the performance of this Agreement with policy limits of not less than $5,000,000.00 combined single limit and aggregate for bodily injury and property damage. 107 SERVICE AGREEMENT (3) statutory Worker's Compensation Insurance at the statutory limits and Employers Liability covering all of SPAN' s employees involved in the provision of services under this Agreement with policy limit of not less than $500,000.00; and (b) All policies of insurance shall be endorsed and contain the following provisions: (1) provide CITY, its officers, and employees with indemnification under all applicable coverage except for Workers Compensation Insurance. (2) provide for at least thirty (30) days prior written notice to CITY for cancellation of the insurance. (3) provide for a waiver of subrogation against CITY for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. SPAN shall provide written notice to CITY of any material change of or to the insurance required herein. (c) All insurance companies providing the required insurance shall be authorized to transact business in Texas. (d) A certificate of insurance and copies of the policy endorsements evidencing the required insurance shall be submitted prior to commencement of services and upon request by CITY. 9.11. In performing services under this Agreement, the relationship between the CITY and SPAN is that of an independent contractor. No term or provision of this Agreement or act of SPAN in the performance of this Agreement shall be construed as making SPAN the agent, servant, or employee of the CITY. It is expressly understood that the CITY assumes no operational supervision, control or oversight to the services provided under this Agreement. CITY does not have any ownership or beneficial interest in the business; and does not share any profits or losses generated from the business. 9.12. Indemnification. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF SPAN PURSUANT TO THIS AGREEMENT. SPAN HEREBY WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS "CITY") FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY OR BREACH OF CITY’S OBLIGATIONS HEREUNDER. SPAN AGREES TO INDEMNIFY AND SAVE HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS' FEES AND COSTS OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY SPAN'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS 108 SERVICE AGREEMENT AGREEMENT OR BY REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF SPAN, ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO NEGLIGENCE OF CITY, IN WHOLE OR IN PART, IN WHICH CASE SPAN SHALL INDEMNIFY CITY ONLY TO THE EXTENT OR PROPORTION OF NEGLIGENCE ATTRIBUTED TO SPAN AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT JURISDICTION). SPAN'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY SPAN UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 9.13. Confidentiality Clause. To the extent allowed by law, including the Texas Public Information Act, both Parties agree to endeavor to take all reasonable measures to keep in confidence the execution, terms and conditions as well as performance of this Agreement, and the confidential data and information of any Party that another Party may know or access during performance of this Agreement (“Confidential Information”), and shall not disclose, make available or assign such Confidential Information to any third Party without the prior written consent of the Party providing the information. 9.14. Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be 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 the Parties hereto. 9.15. Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 9.16. Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. [Signature Page to Follow] 109 SERVICE AGREEMENT EXECUTED this ______ day of ___________________,2022 CITY OF THE COLONY, TEXAS By: _________________________________ Troy Powell, City Manager ATTEST: By: _________________________________ Tina Stewart, Secretary EXECUTED this ______ day of ___________________,2022 SPAN, INC By: _________________________________ Michelle McMahon, Executive Director 110 SERVICE AGREEMENT EXHIBIT A SERVICE AREA All of Denton County. 111 SERVICE AGREEMENT EXHIBIT B TRANSPORTATION POLICIES AND PROCEDURES Attached as separate document, which may be amended from time to time. 112 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR SERVICES BY AND BETWEEN THE CITY OF THE COLONY AND SPAN, INC.; 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 CONTRACT FOR SERVICES by and between the City of The Colony and SPAN, INC. for the purpose of providing nutrition, transportation and social services to older persons, persons with disabilities, and veterans. Section 2. That this Contract for Services 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 Contract on behalf of the City of The Colony, Texas, with the terms and conditions as stated therein. Section 3.That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 19TH DAY OF JULY 2022. __________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeff L. Moore, City Attorney 113 Agenda Item No:5.4 CITY COUNCIL Agenda Item Report Meeting Date: July 19, 2022 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute a Network Node Installation and Pole Attachment Agreement in Residential Areas with New Cingular Wireless PCS, LLC. (Hartline) Suggested Action: Background: The Texas Legislature approved Senate Bill 1004 in 2017 relating to the installation of wireless network nodes and node supporting poles within city right-of-way. The Bill established the fees that the city can charge for the deployment of network nodes and poles in the city right-of-way in commercial areas. The Bill also regulates design criteria, physical use and maintenance requirements for wireless network providers to locate in city right-of-ways. Following approval of this Senate Bill, the city changed Chapter 18 of the Code of Ordinance by adding Section VI, Sections 18-100 to 18-123 to allow the city to comply with Texas Senate Bill 1004 and set standards, fees and design criteria for companies that plan to install wireless nodes in our city right-of-way. This ordinance change was implemented to facilitate regulating design criteria, physical use, occupancy, and maintenance requirements for network providers in the city. The Ordinance also requires that service providers comply with the City of The Colony Small Cell Node Design Manual and also provides city procedures for the application of permits and provides applicable fees. Based on this Ordinance, a network provider may not install a new Node Support Pole in public right-of-way without City Council consent if the right-of-way is located adjacent to residential lots or other multifamily residences. Purpose: To provide better cellular service to our citizens, Cingular Wireless PCS, LLC is requesting permission to install twelve Network Node Poles within our city right-of-way within residential areas as shown on the attached Location Map. Engineering has reviewed these locations and has worked with New Cingular Wireless PCS, LLC to locate the Cell Nodes in the areas shown to help minimize pole visibility to residential property owners in these areas. Financial Summary: Since these poles are located in residential areas, the city does not have to follow the established state mandated fees for these locations. Engineering has negotiated the following annual rental rates for each of these locations. Annual Rental Fee: Network Nodes………………………………………………$ 1,200.00/node 114 Pole Attachment Rent …………………………………..$ 500.00/pole (Network Node on Service Pole) Recommendations: City staff has reviewed the pole locations and the annual rental fees to be charged for each location and recommends approval of this contract. Attachments: Location Map Baker Dr. Elm St. Morning Star Dr 1 Morning Star Dr 2 North Colony Blvd. 1 North Colony Blvd 2 North Colony Blvd 3 Paige Road Scott Road Squires Dr. Strickland Ave Turner Street Network Node Installation and Pole Attachment with Cingular Wireless Res. 2022-xxx Network Node Installation and Pole Attachment Agreement.docx 115 116 DATE REVISIONS STRUCTURE NUMBER DESIGN REVISIONS PREPARED FOR SHEET NUMBER SHEET NAME PREPARED BY STRUCTURE COORDINATES PREPARED BY POLYGON NAME STRUCTURE OWNER STRUCTURE ADDRESS C-1 OVERALL SITE PLAN LAT: LONG: PROPOSED NODE LOCATION NODES WITHIN 300-FT OF NO KNOWN NETWORK SUPPORT -96.876646° 33.095307° 048 FP3W1 PROJECT #: DESIGNED BY: ENGINEERING ASSOCIATESAPPROVED BY: Associates, LLC Engineering EA REGISTRATION # F-12683 OVERALL SITE PLAN NOT TO SCALE SEAN LONG ONCOR 91000023134BOCBAKER DR (30 MPH)SLAY DR (30 MPH)GATES DR (30 MPH)KI SOR RD (30 MPH)BOCBOCBOCBOCBOCBOCHOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX. HOUSE EX.HOUSE EX. HOUSE EX.50' R/W50' R/W50' R/W50' R/W50' R/W50' R/W50' R/W50' R/W15' R/W15' R/W15' R/W15' R/W15' R/W15' R/W15' R/W15' R/WEXI ST. ALLEYEXI ST. ALLEYEXI ST. ALLEYDR GATES 5209 5205 5201 5213 5217 5221 5225 5301 5305 5309 5313 5200 5204 5216 5220 5224 5300 5304 5308 5312 BOCBOCBOCBOCBOCBOCBOCBOCBOCBOCBOC(30 MPH)MILLER DR(35 MPH)PAIGE RD(35 MPH)PAIGE RD50' R/W50' R/W50' R/W105' R/W105' R/W105' R/W50' R/W50' R/W50' R/WBUFFER LINE 300-FT SERVICE 100 AMP/120 POWER EQUIPMENT TO NEW POLE. ANTENNA AND CRAN INSTALL SMALL CELL WOOD POLE. ATTACH AND WOOD POLE WITH NEW 45'-3 CHANGEOUT EXISTING 40'-5 BOCBOCBOC5205 DR BAKER 5208 5212 N THE COLONY, TX 75056 117 EA REGISTRATION # F-12683 PHOTO SIMULATION #2 EXISTING PROPOSED DATE REVISIONS STRUCTURE NUMBER DESIGN REVISIONS PREPARED FOR SHEET NUMBER SHEET NAME PREPARED BY STRUCTURE COORDINATES PREPARED BY POLYGON NAME STRUCTURE OWNER STRUCTURE ADDRESS C-6 LAT: LONG:-96.876646° 33.095307° 048 FP3W1 Associates, LLC Engineering PROJECT #: DESIGNED BY: ENGINEERING ASSOCIATESAPPROVED BY: NO. SEAN LONG ONCOR 91000023134 PHOTO SIMULATION #2RIGHT THE COLONY, TX 75056 118 DATE REVISIONS STRUCTURE NUMBER DESIGN REVISIONS PREPARED FOR SHEET NUMBER SHEET NAME PREPARED BY STRUCTURE COORDINATES PREPARED BY POLYGON NAME STRUCTURE OWNER STRUCTURE ADDRESS C-1 OVERALL SITE PLAN LAT: LONG: PROPOSED NODE LOCATION NODES WITHIN 300-FT OF NO KNOWN NETWORK SUPPORT -96.891395° 33.101737° 046 FP3W1 PROJECT #: DESIGNED BY:ADNAN TRBONJA ENGINEERING ASSOCIATESAPPROVED BY: Associates, LLC Engineering EA REGISTRATION # F-12683 OVERALL SITE PLAN 300-FT BUFFER SETBACK NOT TO SCALE COSERV ELM ST 7328 ELM ST 7324 ELM ST 7236 DR WOODRUFF 4800 DR KNIGHT 7317 DR KNIGHT 7313 DR KNIGHT 7309 DR WOODRUFF 4801 DR WOODRUFF 4804 DR WOODRUFF 4808 ELM ST 7319 MAIN ST 7228 MAIN ST 7300 ST MAIN 7332 ELM ST 7329 ELM ST 7339 ELM ST 7352 ELM ST 7408 ELM ST 7424 HIGHLANDS DR 4800 E LAKE DOG PARK PAWSOME PLAYGROUND ST MAIN 7336 MAIN ST 7404 ELM ST 7347 ELM ST 7405 ELM ST 7409 MAIN ST 7412 MAIN ST 7420 RAPIDO (25 MPH) WOODRUFF DR(45 MPH)MAIN ST/FM 423(45 MPH)MAIN ST/FM 423(25 MPH)ELM STALLEY ALLEYALLEY(25 MPH)KNIGHT DR(25 MPH)ELM STTHE COLONY, TX 75056 7330 ELM ST 91000023194125' R/W125' R/W60' R/W60' R/W20' R/W20' R/W50' R/W50' R/W50' R/W 50' R/W N POWER SERVICE. 100 AMP/120 WOOD POLE. COSERV 45-3 TO EXISTING AND EQUIPMENT CELL ANTENNA INSTALL SMALL ATTACH AND 119 C-6 DATE REVISIONS STRUCTURE NUMBER DESIGN REVISIONS PREPARED FOR SHEET NUMBER SHEET NAME PREPARED BY STRUCTURE COORDINATES PREPARED BY POLYGON NAME STRUCTURE OWNER STRUCTURE ADDRESS LAT: LONG:-96.891395° 33.101737° 046 FP3W1 PROJECT #: DESIGNED BY:ADNAN TRBONJA ENGINEERING ASSOCIATESAPPROVED BY: Associates, LLC Engineering EA REGISTRATION # F-12683 PHOTO SIMULATION #2 FRONT PHOTO SIMULATION #2 EXISTING PROPOSED COSERV THE COLONY, TX 75056 7330 ELM ST 91000023194 120 DATE REVISIONS STRUCTURE NUMBER DESIGN REVISIONS PREPARED FOR SHEET NUMBER SHEET NAME PREPARED BY STRUCTURE COORDINATES PREPARED BY POLYGON NAME STRUCTURE OWNER STRUCTURE ADDRESS C-1 OVERALL SITE PLAN LAT: LONG: PROPOSED NODE LOCATION NODES WITHIN 300-FT OF NO KNOWN NETWORK SUPPORT OVERALL SITE PLAN -96.863746° 33.091980° 050 FP3W1 PROJECT #: DESIGNED BY:ADNAN TRBONJA ENGINEERING ASSOCIATESAPPROVED BY: Associates, LLC Engineering EA REGISTRATION # F-12683 NOT TO SCALE 5785 5789 5784 5781 5777 5773 5769 5780 5776 57725768 5756575257485744 5800 5804 5808 5812 58045800 6629 6625 6621 6617 6613 6609 5800 5801 5800 5780577657725768 5789578557815777 91000023250 ATT - NCW THE COLONY, TX 75056 6651 MORNING STAR DR UTILITY POLE ANTENNA & EQUIPMENT TO INSTALL SMALL CELL METAL CONCEALMENT POLE. COMMSCOPE INTEGRATED GREEN (RAL 6012) INSTALL NEW AT&T NCW 25' N LINE BUFFER 300-FT 80' ROW80' ROW15' ROW15' ROW15' ROW15' ROW50'ROW 50'ROW 15'ROW 15'ROW 15'ROW 15'ROW 15' ROWALLEYALLEYALLEY ALLEY ALLEY ALLEY ALLEY(30 MPH)MORNING STAR DR (25 MPH) CRESTWOOD LN (25 MPH)OXFORD DR (25 MPH) BEDFORD LN 121 C-6 DATE REVISIONS STRUCTURE NUMBER DESIGN REVISIONS PREPARED FOR SHEET NUMBER SHEET NAME PREPARED BY STRUCTURE COORDINATES PREPARED BY POLYGON NAME STRUCTURE OWNER STRUCTURE ADDRESS LAT: LONG:-96.863746° 33.091980° 050 FP3W1 PROJECT #: DESIGNED BY:ADNAN TRBONJA ENGINEERING ASSOCIATESAPPROVED BY: Associates, LLC Engineering EA REGISTRATION # F-12683 PHOTO SIMULATION #2 PHOTO SIMULATION #2 EXISTING PROPOSED FRONT 91000023250 ATT - NCW THE COLONY, TX 75056 6651 MORNING STAR DR 122 123 124 DATE REVISIONS STRUCTURE NUMBER DESIGN REVISIONS PREPARED FOR SHEET NUMBER SHEET NAME PREPARED BY STRUCTURE COORDINATES PREPARED BY POLYGON NAME STRUCTURE OWNER STRUCTURE ADDRESS C-1 OVERALL SITE PLAN LAT: LONG: PROPOSED NODE LOCATION NODES WITHIN 300-FT OF NO KNOWN NETWORK SUPPORT OVERALL SITE PLAN -96.865564° 33.097457° 044 FP3W1 PROJECT #: DESIGNED BY:ADNAN TRBONJA ENGINEERING ASSOCIATESAPPROVED BY: Associates, LLC Engineering EA REGISTRATION # F-12683 NOT TO SCALE AT&T MOBILITY 91000023190 5653 5657 5661 5665 5669 5675 5657 5663 5649 5645 5641 5637 5649 5645 5641 5661 5665 5669 5673 5600 5660 5664 5668 5648 5644 5671 5655 TO UTILITY POLE ANTENNA & EQUIPMENT INSTALL SMALL CELLL CONCEALMENT POLE. INTEGRATED METAL (RAL 6012) COMMSCOPE MOBILITY 25' GREEN INSTALL NEW AT&T THE COLONY, TX 75056 5659 N COLONY BLVD, BOCBOCBOCBOCBOCBOCBOCBOCEOPEOPEOPEOPBOCBOCBOCBOCGRASS MEDI ANGRASS MEDI ANN BUFFER LINE 300-FT ( 3 5 MP H)N COLONY BLVD ( 3 0 MP H) F RONTAGE RD (30 MPH)TAYLORST ALLEY1 5' ROW1 5' ROWALLEY1 5' ROW1 5' ROW( 2 5 MP H) P OWERS S T 1 2 0' ROW1 2 0' ROW5 0'ROW5 0'ROW125 C-6 DATE REVISIONS STRUCTURE NUMBER DESIGN REVISIONS PREPARED FOR SHEET NUMBER SHEET NAME PREPARED BY STRUCTURE COORDINATES PREPARED BY POLYGON NAME STRUCTURE OWNER STRUCTURE ADDRESS LAT: LONG:-96.865564° 33.097457° 044 FP3W1 PROJECT #: DESIGNED BY:ADNAN TRBONJA ENGINEERING ASSOCIATESAPPROVED BY: Associates, LLC Engineering EA REGISTRATION # F-12683 PHOTO SIMULATION #2 PHOTO SIMULATION #2 EXISTING PROPOSED AT&T MOBILITY 91000023190 LEFT THE COLONY, TX 75056 5659 N COLONY BLVD, 126 DATE REVISIONS STRUCTURE NUMBER DESIGN REVISIONS PREPARED FOR SHEET NUMBER SHEET NAME PREPARED BY STRUCTURE COORDINATES PREPARED BY POLYGON NAME STRUCTURE OWNER STRUCTURE ADDRESS C-1 OVERALL SITE PLAN LAT: LONG: PROPOSED NODE LOCATION NODES WITHIN 300-FT OF NO KNOWN NETWORK SUPPORT OVERALL SITE PLAN -96.879122° 33.099496° 045 FP3W1 PROJECT #: DESIGNED BY:ADNAN TRBONJA ENGINEERING ASSOCIATESAPPROVED BY: Associates, LLC Engineering EA REGISTRATION # F-12683 NOT TO SCALE 91000023187 AT&T PRUITT DR 5165 PRUITT DR 5161 PRUITT DR 5157 PRUITT DR 5165 COLONY BLVD 5176 N PRUITT DR 5164 PRUITT DR 5160 PRUITT DR 5169 PRUITT DR 5153 COLONY BLVD 5172 N COLONY BLVD 5168 N COLONY BLVD 5164 N COLONY BLVD 5200 N 5151 NORTH COLONY DEPARTMENT THE COLONY POLICE TO UTILITY POLE ANTENNA & EQUIPMENT INSTALL SMALL CELL CONCEALMENT POLE. INTEGRATED METAL (RAL 6012) COMMSCOPE MOBILITY 25' GREEN INSTALL NEW AT&T BOC BOC BOC BOC BOC BOCBOCBOC BOC BOC BOC BOC BOC EOP EOP EOP EOP 15' ROW 15' ROW 15' ROW 15' ROW ROW ROW ROW ROW N LINE BUFFER 300-FT 120' ROW 150' ROW 120' ROW 15' ROW 15' ROW 50' ROW 50' ROW (35 MPH) N COLONY BLVD (25 MPH)PRUITT DR (25 MPH)PRUITT DR ALLEY ALLEY (35 MPH)N COLONY BLVD (35 MPH) N COLONY BLVD (25 MPH)ALLEN DR (25 MPH)ALLEN DR 120' ROW THE COLONY, TX 75056 5151 N COLONY BLVD 127 DATE REVISIONS STRUCTURE NUMBER DESIGN REVISIONS PREPARED FOR SHEET NUMBER SHEET NAME PREPARED BY STRUCTURE COORDINATES PREPARED BY POLYGON NAME STRUCTURE OWNER STRUCTURE ADDRESS LAT: LONG:-96.879122° 33.099496° 045 FP3W1 PROJECT #: DESIGNED BY:ADNAN TRBONJA ENGINEERING ASSOCIATESAPPROVED BY: Associates, LLC Engineering EA REGISTRATION # F-12683 PHOTO SIMULATION #1 C-5 PHOTO SIMULATION #1 EXISTING PROPOSED 91000023187 AT&T FRONT THE COLONY, TX 75056 5151 N COLONY BLVD 128 OVERHEAD POWER UNDERGROUND POWER UNDERGROUND FIBER UNDERGROUND GAS WATER LINE STORM SEWER SANITARY SEWER RIGHT OF WAY EDGE OF PAVEMENT FENCE CENTER LINE PROPERTY LINE EXISTING BUILDING LANE LINES DRIVEWAY/SIDEWALK BACK OF CURB OHP UGP UGF UGG STS SS ROW EOP X WTR TCO FH E O P EO P BOC BOC BOC BOCEOPEOPROW R OW R OW ROW HH LP S S 4691 EXISTING BUSINESS 4695 EXISTING BUSINESS 6800 EXISTING HOUSE 6804 EXISTING HOUSE 6808 EXISTING HOUSE 6813 EXISTING HOUSE 6809 EXISTING HOUSE 6805 EXISTING HOUSE 6801 EXISTING HOUSE 4532 EXISTING HOUSE 4528 EXISTING HOUSE 4524 EXISTING HOUSE 4520 EXISTING HOUSE 6865 EXISTING HOUSE 6869 EXISTING HOUSE 6873 EXISTING HOUSE 4600 EXISTING HOUSE 4604 EXISTING HOUSE 4608 EXISTING HOUSE N CO L O N Y B L V D SPE E D LI MI T: 4 0 M P H CURRY DRSPEED L IM IT : 30 MPH N CO L O N Y B L V D SPE E D LI MI T: 4 0 M P H THE COLONY FIRE STATION EX D/W EX D/W WV WV TCO EXISTINGSANITARYSEWER EOP EOP EOP EOP TRTCO TCO PED TCO UP W/ L STLT UP WV HH PED PM S MH TP TR TCO LP FH STREETLIGHT UTILITY POLE W/ LIGHT UTILITY POLE LIGHT POLE FIRE HYDRANT TRAFFIC POLE FIBER MARKER HANDHOLE PARKING METER MANHOLE TELCO BOX GAS VALVE TRANSFORMER WATER VALVE SEWER PEDESTAL DRAIN & INLET GV FM SHEET NO.REVISION: SHEET TITLE: DRAWN BY: DS CHECKED BY: JKP REGISTERED PROFESSIONAL ENGINEER SEAL: CANDIDATE NAME: THE INFORMATION CONTAINED IN THIS SET OF DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO THE CLIENT IS STRICTLY PROHIBITED. A&E FIRM: 1355 WINDWARD CONCOURSE SUITE 410 ALPHARETTA, GA 30005 REVISION REV DATE DESCRIPTION 1 5/13/2022 ISSUED FOR CONSTRUCTION FOREIGN UTILITY LOCATIONS ARE APPROXIMATE. CONTACT THE LOCAL ONE CALL AGENCY 48 HOURS PRIOR TO CONSTRUCTION FOR EXACT UTILITY LOCATION AT: CAUTION CONSTRUCTION SHALL NOTIFY THE JURISDICTION'S, DEPARTMENT OF PUBLIC WORKS AND ENGINEERING, OFFICE OF THE CITY ENGINEER, 48 HOURS BEFORE STARTING WORK IN THIS PROJECT. PREPARED FOR: 575 MOROSGO DR ATLANTA, GA 30224 ANSCO & ASSOCIATES, LLC SPECIALIZED TELECOMMUNICATIONS SERVICES 5250 TRIANGLE PKWY NW NORCROSS, GA 30324 TEL: 770-667-6204 FP3W1-047 1B1 OVERALL SITE PLAN OVERALL SITE PLAN SCALE: 1"=100' 1NORTH B1 NO NETWORK SUPPORT NODES AND NO USABLE UTILITY POLES WITHIN 300' OF PROPOSED POLE NOTES: 1. SITE PLAN HAS BEEN DEVELOPED USING GOOGLE MAPS AND LOCAL GIS DATA. UTILITIES (IF SHOWN) ARE FROM ONLINE OR OTHER SOURCES AND HAVE NOT BEEN FIELD LOCATED. CONTRACTOR MUST LOCATE UTILITIES PRIOR TO START OF CONSTRUCTION. 2. CONTRACTOR SHALL MAINTAIN UNINTERRUPTED ACCESS TO ALL DRIVEWAYS, SIDE STREETS AND WALKWAYS AT ALL TIMES UNLESS OTHERWISE PERMITTED. 3. CONTRACTOR SHALL PREPARE A MAINTENANCE OF TRAFFIC (M.O.T.) PLAN FOR PEDESTRIAN TRAFFIC AND WORK WITHIN THE RIGHT-OF-WAY, INCLUDING VEHICLE PARKING AND EQUIPMENT STAGING. 4. CONTRACTOR SHALL RESTORE ANY DISTURBED AREAS TO ORIGINAL CONDITION OR BETTER. NODE: FP3W1-047 LAT: 33.096182 LONG: -96.89502 300' BUFFER LINE POLE COLOR MUST BE GREEN RAL 6012 5/13/2022 129 SHEET NO.REVISION: SHEET TITLE: DRAWN BY: DS CHECKED BY: JKP REGISTERED PROFESSIONAL ENGINEER SEAL: CANDIDATE NAME: THE INFORMATION CONTAINED IN THIS SET OF DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO THE CLIENT IS STRICTLY PROHIBITED. A&E FIRM: 1355 WINDWARD CONCOURSE SUITE 410 ALPHARETTA, GA 30005 REVISION REV DATE DESCRIPTION 1 5/13/2022 ISSUED FOR CONSTRUCTION FOREIGN UTILITY LOCATIONS ARE APPROXIMATE. CONTACT THE LOCAL ONE CALL AGENCY 48 HOURS PRIOR TO CONSTRUCTION FOR EXACT UTILITY LOCATION AT: CAUTION CONSTRUCTION SHALL NOTIFY THE JURISDICTION'S, DEPARTMENT OF PUBLIC WORKS AND ENGINEERING, OFFICE OF THE CITY ENGINEER, 48 HOURS BEFORE STARTING WORK IN THIS PROJECT. PREPARED FOR: 575 MOROSGO DR ATLANTA, GA 30224 ANSCO & ASSOCIATES, LLC SPECIALIZED TELECOMMUNICATIONS SERVICES 5250 TRIANGLE PKWY NW NORCROSS, GA 30324 TEL: 770-667-6204 FP3W1-047 1C2.1 PHOTO SIM (1) PHOTO SIMULATION1 C2.1 CURRENT VIEW PROPOSED VIEW 5/13/2022 130 DATE REVISIONS STRUCTURE NUMBER DESIGN REVISIONS PREPARED FOR SHEET NUMBER SHEET NAME PREPARED BY STRUCTURE COORDINATES PREPARED BY POLYGON NAME STRUCTURE OWNER STRUCTURE ADDRESS C-1 OVERALL SITE PLAN LAT: LONG: PROPOSED NODE LOCATION NODES WITHIN 300-FT OF NO KNOWN NETWORK SUPPORT OVERALL SITE PLAN -96.876612° 33.076681° 055 FP3W1 PROJECT #: DESIGNED BY:ADNAN TRBONJA ENGINEERING ASSOCIATESAPPROVED BY: Associates, LLC Engineering EA REGISTRATION # F-12683 NOT TO SCALE 568000020 THE COLONY, TX 75056 4510 PAIGE RD 5236 523252285224 5220 523752335229 52255221 5236523252285224 5220 52375233522952255221 75056 THE COLONY, TX 4510 PAIGE RD, COLONY HAWAIIAN FALLS THE POOL PARKING ONCOR SERVICE. AMP/120 POWER EQUIPMENT. 100 POLE WITH CRAN CONCEALMENT METAL GREEN (RAL 6012) INTEGRATED 30' COMMSCOPE PROPOSED NEW BOC BOC BOC BOC BOCBOCBOCBOCBOCBOCBOCBOCN BUFFER LINE 300-FT 60' ROW 60' ROW 60' ROW 60' ROW 15' ROW 15' ROW 100' ROW100' ROW100' ROW100' ROWALLEY ALLEY (40 MPH)PAIGE RD 15' EASEMENT(30 MPH) ARBOR GLEN RD (30 MPH) HAWSE DR 131 DATE REVISIONS STRUCTURE NUMBER DESIGN REVISIONS PREPARED FOR SHEET NUMBER SHEET NAME PREPARED BY STRUCTURE COORDINATES PREPARED BY POLYGON NAME STRUCTURE OWNER STRUCTURE ADDRESS LAT: LONG:-96.876612° 33.076681° 055 FP3W1 PROJECT #: DESIGNED BY:ADNAN TRBONJA ENGINEERING ASSOCIATESAPPROVED BY: Associates, LLC Engineering EA REGISTRATION # F-12683 PHOTO SIMULATION #1 C-5 PHOTO SIMULATION #1 RIGHT EXISTING PROPOSED 568000020 THE COLONY, TX 75056 4510 PAIGE RD ONCOR 132 EOPEOPEOPEOPEOP UGGUGGUGGUGGUGG WTRWTRWTRWTR BOCBOCBOCBOCEOPROW ROW ROWROW ROW ROWROWROW BOCROW ROWROWROWROWROWROW EOPEOP EOP EOPEOP EOP EOP EOPEOPEOP X X XX X X 5577 EXISTING HOUSE 5581 EXISTING HOUSE 5585 EXISTING HOUSE EXISTING HOUSE 5572 EXISTING HOUSE 5576 EXISTING HOUSE 5580 EXISTING HOUSE 5569 EXISTING HOUSE 5573 EXISTING HOUSE 5577 EXISTING HOUSE EXISTING HOUSE EXISTING HOUSE EXISTING HOUSE EXISTING HOUSE SCOTT RDSPEED LIMIT NOT AVAILABLE MPHLP LP HH HH WV U P XXUP OHPOHPBOC STLT EOPEOPEOPEOPBOCBOCBOCBOCUPOHP RAGAN DR SPEED LIMIT: 30 MPH RUSSELL DR SPEED LIMIT NOT AVAILABLE MPH TAYLOR STSPEED LIMIT: 20 MPHSSWTR WTR GM GM OVERHEAD POWER UNDERGROUND POWER UNDERGROUND FIBER UNDERGROUND GAS WATER LINE STORM SEWER SANITARY SEWER RIGHT OF WAY EDGE OF PAVEMENT FENCE CENTER LINE PROPERTY LINE EXISTING BUILDING LANE LINES DRIVEWAY/SIDEWALK OHP UGP UGF UGG STS SS ROW EOP X X WTR SHEET NO.REVISION: SHEET TITLE: DRAWN BY: DS CHECKED BY: DRS REGISTERED PROFESSIONAL ENGINEER SEAL: CANDIDATE NAME: THE INFORMATION CONTAINED IN THIS SET OF DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO THE CLIENT IS STRICTLY PROHIBITED. A&E FIRM: 1875 OLD ALABAMA ROAD, SUITE 1008 ROSWELL, GA 30076 TEL: 678-990-2338 FAX: 678-990-2342 REVISION REV DATE DESCRIPTION 0 04/19/2019 ISSUED FOR CONSTRUCTION FOREIGN UTILITY LOCATIONS ARE APPROXIMATE. CONTACT THE LOCAL ONE CALL AGENCY 48 HOURS PRIOR TO CONSTRUCTION FOR EXACT UTILITY LOCATION AT: CAUTION CONSTRUCTION SHALL NOTIFY THE JURISDICTION'S, DEPARTMENT OF PUBLIC WORKS AND ENGINEERING, OFFICE OF THE CITY ENGINEER, 48 HOURS BEFORE STARTING WORK IN THIS PROJECT. PREPARED FOR: 575 MOROSGO DR ATLANTA, GA 30224 ANSCO & ASSOCIATES, LLC SPECIALIZED TELECOMMUNICATIONS SERVICES 5250 TRIANGLE PKWY NW NORCROSS, GA 30324 TEL: 770-667-6204 FP3W1-43 0B1 OVERALL SITE PLAN OVERALL SITE PLAN SCALE: 1"=100' 1NORTH B1 NOTES: 1. SITE PLAN HAS BEEN DEVELOPED USING GOOGLE MAPS AND LOCAL GIS DATA. UTILITIES (IF SHOWN) ARE FROM ONLINE OR OTHER SOURCES AND HAVE NOT BEEN FIELD LOCATED. CONTRACTOR MUST LOCATE UTILITIES PRIOR TO START OF CONSTRUCTION. 2. CONTRACTOR SHALL MAINTAIN UNINTERRUPTED ACCESS TO ALL DRIVEWAYS, SIDE STREETS AND WALKWAYS AT ALL TIMES UNLESS OTHERWISE PERMITTED. 3. CONTRACTOR SHALL PREPARE A MAINTENANCE OF TRAFFIC (M.O.T.) PLAN FOR PEDESTRIAN TRAFFIC AND WORK WITHIN THE RIGHT-OF-WAY, INCLUDING VEHICLE PARKING AND EQUIPMENT STAGING. 4. CONTRACTOR SHALL RESTORE ANY DISTURBED AREAS TO ORIGINAL CONDITION OR BETTER. NODE: FP3W1-43 LAT: 33.101238 LONG: -96.867688 300' BUFFER LINE 133 SHEET NO.REVISION: SHEET TITLE: DRAWN BY: DS CHECKED BY: DRS REGISTERED PROFESSIONAL ENGINEER SEAL: CANDIDATE NAME: THE INFORMATION CONTAINED IN THIS SET OF DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO THE CLIENT IS STRICTLY PROHIBITED. A&E FIRM: 1875 OLD ALABAMA ROAD, SUITE 1008 ROSWELL, GA 30076 TEL: 678-990-2338 FAX: 678-990-2342 REVISION REV DATE DESCRIPTION 0 04/19/2019 ISSUED FOR CONSTRUCTION FOREIGN UTILITY LOCATIONS ARE APPROXIMATE. CONTACT THE LOCAL ONE CALL AGENCY 48 HOURS PRIOR TO CONSTRUCTION FOR EXACT UTILITY LOCATION AT: CAUTION CONSTRUCTION SHALL NOTIFY THE JURISDICTION'S, DEPARTMENT OF PUBLIC WORKS AND ENGINEERING, OFFICE OF THE CITY ENGINEER, 48 HOURS BEFORE STARTING WORK IN THIS PROJECT. PREPARED FOR: 575 MOROSGO DR ATLANTA, GA 30224 ANSCO & ASSOCIATES, LLC SPECIALIZED TELECOMMUNICATIONS SERVICES 5250 TRIANGLE PKWY NW NORCROSS, GA 30324 TEL: 770-667-6204 FP3W1-43 0C2.2 PHOTO SIM (2) PHOTO SIMULATION1 C2.2 (FROM NW LOOKING SE)(FROM NW LOOKING SE) CURRENT VIEW PROPOSED VIEW 134 DATE REVISIONS STRUCTURE NUMBER DESIGN REVISIONS PREPARED FOR SHEET NUMBER SHEET NAME PREPARED BY STRUCTURE COORDINATES PREPARED BY POLYGON NAME STRUCTURE OWNER STRUCTURE ADDRESS C-1 OVERALL SITE PLAN LAT: LONG: PROPOSED NODE LOCATION NODES WITHIN 300-FT OF NO KNOWN NETWORK SUPPORT OVERALL SITE PLAN -96.871885° 33.104361° 041 FP3W1 PROJECT #: DESIGNED BY:ADNAN TRBONJA ENGINEERING ASSOCIATESAPPROVED BY: Associates, LLC Engineering EA REGISTRATION # F-12683 NOT TO SCALE AT&T MOBILITY 5400 5500 5504 5508 5512 5516 5520 5404 5408 5412 5416 5420 5500 THE COLONY, TX 75056 7489 SQUIRES DR, 568000017 POWER SERVICE. 100 AMP/120 EQUIPMENT. POLE WITH CRAN CONCEALMENT (RAL 6012) METAL COMMSCOPE GREEN PROPOSED NEW 30' CUSTOMER REVIEW UPDATED PER 1. NO.1 5/20/2022 BOC BOCBOCBOC BOC BOC GRASS GRASS GRASS GRASS SIDEWALK SIDEWALKSIDEWALKSIDEWALKSIDEWALKDITCH DITCH N BUFFER LINE 300-FT (30 MPH)SQUIRES DR (30 MPH)SQUIRES DR 60' ROW60' ROW60' ROW 60' ROW 50' ROW 50' ROW (30 MPH) SQUIRES DR (25 MPH) REARN DR ALLEY15' ROW15' ROW 15' ROW15' ROWALLEY135 C-6 DATE REVISIONS STRUCTURE NUMBER DESIGN REVISIONS PREPARED FOR SHEET NUMBER SHEET NAME PREPARED BY STRUCTURE COORDINATES PREPARED BY POLYGON NAME STRUCTURE OWNER STRUCTURE ADDRESS LAT: LONG:-96.871885° 33.104361° 041 FP3W1 PROJECT #: DESIGNED BY:ADNAN TRBONJA ENGINEERING ASSOCIATESAPPROVED BY: Associates, LLC Engineering EA REGISTRATION # F-12683 PHOTO SIMULATION #2 PHOTO SIMULATION #2 EXISTING PROPOSED AT&T MOBILITY THE COLONY, TX 75056 7489 SQUIRES DR, 568000017 LEFT CUSTOMER REVIEW UPDATED PER 1. NO.1 5/20/2022 136 DATE REVISIONS APPROVED BY: DESIGNED BY: STRUCTURE NUMBER DESIGN REVISIONS PREPARED FOR SHEET NUMBER SHEET NAME PREPARED BY STRUCTURE COORDINATES PREPARED BY PROJECT #: POLYGON NAME STRUCTURE OWNER STRUCTURE ADDRESS C-1 OVERALL SITE PLAN ANSCO & ASSOCIATES LAT: LONG: FP3W1 098 ONCOR POWER 91000023061 300-FT PF PROPOSED NODE LOCATION NO KNOWN NETWORK SUPPORT NODES WITHIN ANSCO REGISTRATION # 21064 300-FT BUFFER SETBACK (25 MPH) TWO-WAY TRAFFIC FLOW STRICKLAND AVE UNNAMED ALLEY TWO-WAY TRAFFIC FLOW (15 MPH) (25 MPH) TWO-WAY TRAFFIC FLOW HENDRIX DR(25 MPH)TWO-WAY TRAFFIC FLOWHENDRIX DRUNNAMED ALLEY (15 MPH) TWO-WAY TRAFFIC FLOW UNNAMED ALLEYTWO-WAY TRAFFIC FLOW (15 MPH)OVERALL SITE PLAN NOT TO SCALE MITCH DARDEN POWER SERVICE UTILITY POLE. 100 AMP/120 CHANGED OUT 45'-3 EQUIPMENT ON ONCOR INSTALL AT&T CRAN ROAD CL OF 1' 00 NOT TO SCALE 50 LINE PROPERTY LINE PROPERTY 618 620 616 614 DETAILED PROFILE SURFACE ROAD POLE 40 30 20 10 UNNAMED ALLEY EDGE OF PAVEMENT R/WR/WR/WR/W R/WR/W R/W R/W R/W R/W R/WR/W R/W R/W R/W R/WR/WR/WR/WR/W R/W R/WR/WR/WR/WR/WR/W R/W R/W R/WR/WR/WR/W R/W R/W R/W FENCE FENCEFENCE FENCEFENCE FENCE FENCEFENCEFENCE FENCE FENCE N THE COLONY, TX 75056 o -96.878774 o33.087117 137 DATE REVISIONS APPROVED BY: DESIGNED BY: STRUCTURE NUMBER DESIGN REVISIONS PREPARED FOR SHEET NUMBER SHEET NAME PREPARED BY STRUCTURE COORDINATES PREPARED BY PROJECT #: POLYGON NAME STRUCTURE OWNER STRUCTURE ADDRESS C-5 ANSCO & ASSOCIATES LAT: LONG: FP3W1 098 ONCOR POWER 91000023061 PHOTO SIMULATION #2 PHOTO SIMULATION #2 LEFT ANSCO REGISTRATION # 21064 MITCH DARDEN PROPOSEDEXISTING THE COLONY, TX 75056 o -96.878774 o33.087117 138 DATE REVISIONS STRUCTURE NUMBER DESIGN REVISIONS PREPARED FOR SHEET NUMBER SHEET NAME PREPARED BY STRUCTURE COORDINATES PREPARED BY POLYGON NAME STRUCTURE OWNER STRUCTURE ADDRESS C-1 OVERALL SITE PLAN LAT: LONG: PROPOSED NODE LOCATION NODES WITHIN 300-FT OF NO KNOWN NETWORK SUPPORT OVERALL SITE PLAN -96.859630° 33.102061° 042 FP3W1 PROJECT #: DESIGNED BY:ADNAN TRBONJA ENGINEERING ASSOCIATESAPPROVED BY: Associates, LLC Engineering EA REGISTRATION # F-12683 NOT TO SCALE AT&T MOBILITY 91000023201 5900 TURNER ST ST TURNER 5836 ST TURNER 5832 ST TURNER 5828 CIR TREGO 5833 ST TURNER 5833 ST TURNER 5829 ST TURNER 5825 ST TURNER 5837 DR POOLE 5840 DR POOLE 5836 DR POOLE 5832 DR POOLE 5828 5903 TURNER ST THE COLONY, TX 75056 5903 TURNER ST EQUIPMENT TO UTILITY POLE. SMALL CELLL ANTENNA & CONCEALMENT POLE. INSTALL INTEGRATED METAL (RAL 6012) COMMSCOPE INSTALL NEW AT&T 25' GREEN EOP EOP BOC BOC EOP EOP EOP EOPEOPEOP BOCBOC BOC N ALLEY 15' ROW 15' ROW (30 MPH) TURNER ST 60' ROW 60' ROW ALLEY ALLEY60' ROW60' ROW60' ROW (30 MPH) POOLE DR BUFFER LINE 300-FT (30 MPH)NORTHPOINTE DR139 C-6 DATE REVISIONS STRUCTURE NUMBER DESIGN REVISIONS PREPARED FOR SHEET NUMBER SHEET NAME PREPARED BY STRUCTURE COORDINATES PREPARED BY POLYGON NAME STRUCTURE OWNER STRUCTURE ADDRESS LAT: LONG:-96.859630° 33.102061° 042 FP3W1 PROJECT #: DESIGNED BY:ADNAN TRBONJA ENGINEERING ASSOCIATESAPPROVED BY: Associates, LLC Engineering EA REGISTRATION # F-12683 PHOTO SIMULATION #2 PHOTO SIMULATION #2 EXISTING PROPOSED AT&T MOBILITY 91000023201 RIGHT THE COLONY, TX 75056 5903 TURNER ST 140 141 142 143 144 145 146 147 148 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 NETWORK NODES INSTALLATION AND POLE ATTACHMENT AGREEMENT IN RESIDENTIAL AREAS WITH NEW CINGULAR WIRELESS PCS, LLC, AND PROVIDING AN IMMEDIATE EFFECTIVE DATE WHEREAS,the City of The Colony, Texas, a Texas home-rule municipality (hereinafter referred to as the “City”) owns certain public rights-of-way with service and or utility poles within its municipal territorial limits; and WHEREAS,the New Cingular Wireless PCS, LLC, is a wireless telecommunications network provider as that term is defined in Section 284.002 of the Texas Local Government Code (the “Code”); and WHEREAS,the New Cingular Wireless PCS, LLC, desires to install new network nodes, network support poles in the City right of way or attach certain network nodes, as that term is defined in Section 284.002 of the Texas Local Government Code, on City-owned service poles and/or utility poles within the City; and WHEREAS,the New Cingular Wireless PCS, LLC, and the City desire to enter into this Agreement to secure authority from the City for the network provider to install network nodes, node support poles in the right of way of the City, and certain network nodes on such City poles, subject to the City’s wireless services (small cell) design manual for the installation of network nodes and node support poles (“the Design Manual”) and the City’s Right-of-Way Management Ordinance; and WHEREAS,this Agreement is entered into pursuant to Chapter 284 of the Texas Local Government Code, in order to address the desires of the network provider and the procedures of the City of The Colony, Texas. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. Section 2.The City Manager of the City of The Colony, Texas, is hereby authorized and empowered to execute the Network Nodes Installation and Pole Attachment Agreement by and between the City of The Colony, Texas, and New Cingular Wireless PCS, LLC, a copy of which is attached hereto as Exhibit A , and is incorporated herein for all purposes. 149 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 19TH DAY OF JULY, 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 150 Exhibit A Network Nodes Installation and Pole Attachment Agreement 151 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: July 19, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to seek legal advice from the city attorney regarding pending litigation: City of The Colony, The Colony Hotel Development Corporation v. Ken Paxton, Attorney General of Texas, Glenn Hegar, Comptroller of Public Accounts of State of Texas, Cause No. D-1-GN-21-006079, 200th 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). Suggested Action: Attachments: 152 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: July 19, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Any action as a result of executive session regarding pending litigation: City of The Colony, The Colony Hotel Development Corporation v. Ken Paxton, Attorney General of Texas, Glenn Hegar, Comptroller of Public Accounts of State of Texas, Cause No. D-1-GN-21-006079, 200th Judicial District Court, Travis County, Texas. 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). Suggested Action: Attachments: 153