HomeMy WebLinkAboutCity Packets - City Council - 11/21/2023 - RegularAgenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: November 21, 2023
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Announcement
Agenda Section:
Subject:
Recognize City Secretary, Tina Stewart, for being elected trustee of the 2024 Texas Municipal Clerk
Association's Executive Board. (Mayor)
Suggested Action:
The Colony City Secretary Tina Stewart, TRMC, was elected trustee of the Texas Municipal Clerks Association,
Inc., at its annual business meeting held in Frisco on October 26, 2023.
The Texas Municipal Clerks Association, Inc., (TMCA) is a statewide association with over 1,100 members. The
Association operates the Texas Municipal Clerks Certification Program (TMCCP) located at the University of
North Texas, Denton. The Certification Program is recognized and endorsed by §22.074 of the Local
Government Code, Vernon's Annotated Civil Statutes. TMCA publishes the Texas Municipal Election Law
Manual, the Texas Municipal Law and Procedure Manual and the Texas Municipal Clerks Handbook.
As trustee, Tina Stewart will be charged with the responsibility of accomplishing the goals and objectives of
TMCA. Since 1952 the Association has been dedicated to serving the demands of excellence in Texas' local
government and public problem solving. Its principal missions are to motivate Texas city clerks and city
secretaries to become leaders in their fields of governance and to provide an educational program for the
beginning and career city clerk and city secretary.
Stewart has served in the field of government for 24 years. She has worked for the City of The Colony eight
years, becoming the city secretary in 2016.
Tina has earned the TMCCP’s Texas Registered Municipal Clerk (TRMC) certification (2013) and the
International Institute of Municipal Clerks’ (IIMC) Certified Municipal Clerk designation (2020). Tina has also
served as the president of the TMCA Lone Star Chapter (2022-2023). The Lone Star Chapter honored her as its
Clerk of the Year in 2020. The City Secretary’s Office recently received the TMCA Office Achievement of
Excellence Award, first time for the City of The Colony.
Attachments:
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Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: November 21, 2023
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
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Agenda Item No:2.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 21, 2023
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Oath of Office for elected City Council members of Place 3, 4, 5 and 6. (Stewart)
Suggested Action:
Attachments:
6
Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 21, 2023
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
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Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 21, 2023
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes for November 8, 2023 and Special Session
meeting minutes for November 15, 2023. (Stewart)
Suggested Action:
Attachments:
November 8, 2023 DRAFT Minutes.docx
November 15, 2023 DRAFT Special Session Minutes.doc
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1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information
regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming
events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action
will be taken and no direction will be given regarding these items.
MINUTES OF THE CITY COUNCIL REGULAR SESSION
HELD ON
NOVEMBER 8, 2023
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:30 p.m. on the 8
th day of November 2023, 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, Mayor Pro Tem
David Terre, Councilmember
Perry Schrag, Deputy Mayor Pro Tem
Joel Marks, Councilmember
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 6:30 p.m.
1.2 Invocation
Councilman Schrag 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 Proclamation recognizing National Animal Shelter Appreciation week.
Mayor proclaimed November 5 - 13, 2023 as "National Animal Shelter
Appreciation Week." Animal Shelter Manager, Mark Cooper, accepted the
proclamation.
1.6 Items of Community Interest
Mayor congratulated Councilman Schrag on his re-election and newly elected
official, Dan Rainey. He announced that the oath of office for the four (4) positions
will be administered during the November 21, 2023 meeting.
1.6.1 Receive presentation from Parks and Recreation regarding upcoming events and
activities.
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November 8, 2023
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Special Events Supervisor, Lindsey Stansell, provided upcoming events and
activities to the Council.
2.0 CITIZEN INPUT
Shannon Greer, 4624 Coney Island Drive, expressed appreciation for Councilman
Terre and suggested renaming the Animal Shelter in his honor.
3.0 WORK SESSION
3.1 Discuss and receive direction on The Colony Animal Services Ordinances.
Deputy City Manager, Joe Perez, briefly reported on efforts from surrounding
communities to address dog boarding facilities. Animal Shelter Manager, Mark
Cooper, spoke concerning the Rover app; used for in-home boarding and pet
sitting. He stated that the department is working closely with the Police
Department to address cruelty related issues. City Manager, Troy Powell,
expressed that a lot can’t be done with ordinances because they’re guided by state
law. At the request of Councilman Marks, he suggested discussing things that could
be done internally, at a future meeting.
Alex Eicke, 7305 Elm Street, commended Animal Services for their efforts.
3.2 Discuss and receive input on proposed revisions to The Colony's short-term rental
ordinance.
Deputy City Manager, Joe Perez, gave an overview of proposed ordinance
revisions.
Councilman Wade arrived at 7:24 p.m.
Council provided discussion and directed staff to bring this item back to the
December meeting with suggested changes.
3.3 Discuss and receive direction in regards to Homeowner's Associations in The
Colony seeking relief on water utility bills due to leaks.
Director of Customer Services, Molly Owczar, presented this item. City Manager,
Troy Powell, suggested giving a one-time adjustment to the Homeowner’s
Associations to cover the City’s costs to provide, treat and deliver the water for a
two month billing period.
Council provided direction to move forward on it.
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City Council – Regular Meeting Agenda
November 8, 2023
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3.4 Council to provide direction to staff regarding future agenda items.
Mayor stated that he will have a discussion with Frank Phillips, Denton County
Elections Department, regarding precincts locations on election day and the timing
of election results.
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda with the exception of Agenda Item Nos
4.7 – 4.10– Marks; second by Ensweiler, motion carried with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes from October
17, 2023.
4.2 Consider approving a resolution authorizing the City Manager to issue a purchase
order to Rush Truck Center in the amount of $50,016.32 for the replacement of an
Assistant Fire Marshal truck.
RESOLUTION NO. 2023-076
4.3 Consider approving a resolution authorizing the City Manager to issue a purchase
order to Got You Covered Uniforms in the amount of $84,000.00 for the purchase
of Fire Department uniforms.
RESOLUTION NO. 2023-077
4.4 Consider approving a resolution authorizing the City Manager to execute a contract
with Flock Group Incorporated for the purchase of ten (10) Flock Safety Falcon
License Plate Reader (LPR) cameras in the amount of $63,500.00.
RESOLUTION NO. 2023-078
4.5 Consider approving a resolution authorizing the City Manager to execute a
multiple-use agreement with the Texas Department of Transportation allowing the
installation and operation of Automated License Plate Recognition cameras in
Texas Department of Transportation Right-Of-Way."
RESOLUTION NO. 2023-079
4.6 Consider approving a resolution authorizing the City Manager to accept a proposal
from Next Gen Construction in the amount of $103,800.00 for the reroofing of the
City Hall Annex building.
RESOLUTION NO. 2023-080
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City Council – Regular Meeting Agenda
November 8, 2023
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**AGENDA ITEM NOS. 4.7 – 4.10 PRESENTATIONS COMBINED AND VOTED ON
TOGETHER**
Motion to approve- Ensweiler; second by Marks, motion carried with all ayes.
4.7 Consider approving a resolution authorizing the City Manager to issue a purchase
order to PVS Technologies in the amount of $75,000.00 for the purchase of Ferric
Chloride Solution for the treatment of waste water.
RESOLUTION NO. 2023-081
4.8 Consider approving a resolution authorizing the City Manager to issue a purchase
order to Polydyne Inc. in the amount of $75,000.00 for the purchase of Clarifloc
for the treatment of waste water.
RESOLUTION NO. 2023-082
4.9 Consider approving a resolution authorizing the City Manager to issue a purchase
order to NRC Gulf Environmental in the amount of $100,000.00 for sludge hauling
services for the treatment of waste water.
RESOLUTION NO. 2023-083
4.10 Consider approving a resolution authorizing the City Manager to issue a purchase
order to US Peroxide, LLC in the amount of $177,000.00 for the purchase of
Hydrogen Peroxide for the treatment of waste water.
RESOLUTION NO. 2023-084
4.11 Consider approving a resolution authorizing the City Manager to execute the
submission of a grant application to the Office of the Governor for Axon Body
Worn Cameras - Grant Number 4791601.
RESOLUTION NO. 2023-085
4.12 Consider approving a resolution authorizing the City Manager to execute
Supplemental Agreement No. 1 to lease DACW63-1-08-0613 with the US Army
Corps of Engineers expanding the lease area at Wynnewood Park to include area
for future marina site.
RESOLUTION NO. 2023-086
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November 8, 2023
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4.13 Consider approving a resolution authorizing the City Manager to execute a
Construction Services Contract in the amount of $544,510.00 with Stoic Civil
Construction, Inc. for the Stewart Creek Park Shoreline Protection & Enhancement
Project.
RESOLUTION NO. 2023-087
4.14 Consider approving a resolution authorizing the City Manager to execute a
Construction Services Contract in the amount of $ 489,250.00 with JR West Texas
Concrete, LLC. for the Bridge Culvert Repair at Paige Road and Memorial Drive.
RESOLUTION NO. 2023-088
4.15 Consider approving a resolution authorizing the City Manager to execute a
Construction Services Contract in the amount of $650,000.00 with URETEK USA,
Inc. for the Citywide Roadway Lifting Services Project.
RESOLUTION NO. 2023-089
5.0 REGULAR AGENDA ITEMS
5.1 Conduct a public hearing, discuss and consider an appeal of denial, revocation, or
suspension of a short-term rental license for 3805 Overlook Court, The Colony,
Texas.
City Attorney, Jeff Moore, along with Deputy City Manager, Joe Perez, gave an
overview of this item and the owner’s decision to appeal the suspension of the short-
term rental license. Director of Community Image, Iris Browder, reported on the
citations issued for operating since the suspended license.
Property Owner, Preston Tighe, appeared to answer questions.
The public hearing opened at 8:09 p.m. and closed at 8:45 p.m.
Kim Moore, 3801 Overlook Court, appeared and spoke in favor of the suspension.
Analisa Fink, 3809 Overlook Court, appeared and spoke in favor of the suspension.
Councilman Schrag recused himself from this item.
Motion to approve a five (5) year suspension– Wade, motion failed due to a lack of support.
Motion to approvea one (1) year suspension-Ensweiler; second by – Marks, motion carriedwith
all ayes with the exception of Wade voting no and Schrag abstaining.
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November 8, 2023
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5.2 Discuss and consider an ordinance regarding the Site Plan application of “Club
Carwash,” an approximately 4,970 square-foot car wash and auto laundry building
with a single tunnel and approximately 19 vacuum stalls within Lot R6A-3, Block
1, in the Wal-Mart Addition. The subject site is located at 4675 State Highway 121
in the General Retail (GR) Zoning District and the Gateway Overlay District.
Deputy City Manager, Joe Perez, presented the proposed site plan ordinance to
Council.Representative, Clay Cristy of ClayMoore Engineering, answered
questions from Council.
Motion to approve– Marks; second by Holtz, motion carried with all ayes with the exception of
Ensweiler and Wade voting no.
ORDINANCE NO. 2023-2539
5.3 Discuss and consider approving a resolution authorizing the City Manager to
issue a purchase order to Motorola Solutions in the amount of $424,845.67 for the
replacement of portable radios through Contract DIR-TSO-4101.
Police Chief David Coulon, gave an overview of this item.
Motion to approve– Ensweiler; second by Wade, motion carried with all ayes.
RESOLUTION NO. 2023-090
5.4 Discuss and consider approving a resolution authorizing the City Manager to issue
a purchase order to F&F Concrete in the amount of $4,500,000.00 for the repair
and replacement of alleys, streets, and sidewalks.
Public Works Director, James Whitt, presented this item to Council.
Motion to approve– Ensweiler; second by Holtz, motion carried with all ayes.
RESOLUTION NO. 2023-091
**AGENDA ITEM NOS. 5.5 AND 5.6 PRESENTATIONS COMBINED AND VOTED ON
TOGETHER**
Motion to approve–Schrag; second by Wade, motion carried with all ayes.
5.5 Discuss and consider approving a resolution authorizing the City Manager to
execute an Engineering Services Contract in the amount of $374,500.00 with
Quiddity Engineering, LLC. to prepare construction plans and specifications for the
Phase 14A Residential Street Reconstruction project.
Director of Engineering, Ron Hartline, gave an overview of this item.
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RESOLUTION NO. 2023-092
5.6 Discuss and consider approving a resolution authorizing the City Manager to
execute an Engineering Services Contract in the amount of $296,499.00 with Cobb,
Fendley & Associates, Inc. to prepare construction plans and specifications for the
Phase 14B Residential Street Reconstruction project.
Director of Engineering, Ron Hartline, gave an overview of this item.
RESOLUTION NO. 2023-093
5.7 Discuss and consider approving a resolution casting the city’s votes for David Terre
to serve on the Denton Central Appraisal District Board of Directors for a two-year
term beginning January 1, 2024.
Council provided discussion on this item.
Motion to approve– Ensweiler; second by Holtz, motion carried with all ayes.
RESOLUTION NO. 2023-094
Executive Session was convened at 9:20 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 9:56 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).
Motion to approve an incentive for building demolition and site work in the amount of
$200,000.00 for Stonebridge Health as discussed in executive session-Holtz; second by
Ensweiler, motion carried with all ayes.
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 9:57 p.m.
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APPROVED:
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
_____________________________________
Tina Stewart, TRMC, CMC, City Secretary
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MINUTES OF CITY COUNCIL SPECIAL SESSION
HELD ON
NOVEMBER 15, 2023
The Special Session of the City Council of the City of The Colony, Texas, was called to order at
6:30 p.m. on the 15
th day of November 2023, at City Hall, 6800 Main Street, The Colony,
Texas, with the following roll call:
Richard Boyer Mayor Present
Judy Ensweiler Councilmember Present
Robyn Holtz Councilmember Absent (Personal)
Brian Wade Mayor Pro Tem Present
David Terre Councilmember Absent (Personal)
Perry Schrag Deputy Mayor Pro Tem Present
Joel Marks Councilmember Present
And with 5 council members present a quorum was established and the following items were
addressed:
1.CALL TO ORDER
Mayor Boyer called the meeting to order at 6:30 p.m.
2.CANVASS THE ELECTION
2.1 Discuss and consider approving an ordinancecanvassing the returns and declaring the results
of an election held on Tuesday, November 7, 2023, for the purpose of electing two (2)
councilmembers for said city; providing the candidate for Place 4 and Place 5 elected to
office.
Mayor Boyer read excerpts from the canvassing ordinance of the General and Special
Election held on November 7, 2023.
Councilman Wade arrived at 6:33 p.m.
Motion to approve-Ensweiler; second by Wade, motion carried with all ayes.
ORDINANCE NO. 2023- 2540
3.ADJOURN
With there being no further business to discuss the meeting adjourned at 6:34 p.m.
APPROVED:
________________________________
Richard Boyer, Mayor
17
City of The Colony
ATTEST:
____________________________________
Kimberly Thompson, Deputy City Secretary
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Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: November 21, 2023
Submitted by: Tina Stewart
Submitting Department: General Admin
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to deny CoServ Gas, LTD's requested rate
increase. (Miller)
Suggested Action:
Attachments:
Model Staff Report Re Denial Resolution (CoServ Gas 2023).doc
Res. 2023-xxx Denial CoServ Gas 2023 Rate Case.doc
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MODEL STAFF REPORT REGARDING DENIAL OF COSERV GAS,
LTD.’S REQUESTED RATE CHANGE
ACTION MUST BE TAKEN TO DENY THE RATE CHANGE ON OR BEFORE
DECEMBER 7, 2023
***
On July 28, 2023, CoServ Gas, Ltd. (“CoServ” or “Company”), pursuant to Subchapter C
of Chapter 104 of the Gas Utility Regulatory Act, filed its Statement of Intent to change gas rates
at the Railroad Commission of Texas (“RRC”) and in all municipalities exercising original
jurisdiction within its service area.
The Steering Committee of Cities Served by CoServ Gas, Ltd. (“CoServ Gas Cities”)
engaged the services of consultants to review the Company’s filing. The consultants identified
numerous unreasonable expenses and proposed significant reductions to the Company’s request.
Settlement discussions are ongoing, but no agreement has been met. Accordingly, CoServ Gas
Cities’ attorneys recommend that all member cities adopt the Resolution denying the rate change.
Once the Resolution is adopted, CoServ will have 30 days to appeal the decision to the Railroad
Commission where the appeal will be consolidated with CoServ’s filing.
All cities with original jurisdiction will need to adopt the denial resolution no later than
December 7.
Purpose of the Resolution:
The purpose of the Resolution is to deny the rate increase proposed by CoServ.
Explanation of “Be It Resolved” Paragraphs:
1.This paragraph finds that the Company’s application is unreasonable and should
be denied.
2.This section states that the Company’s current rates shall not be changed.
3.The Company will reimburse Cities for their reasonable rate case expenses. Legal
counsel and consultants, approved by the Cities, will submit monthly invoices that will be
forwarded to CoServ for reimbursement.
4. This section merely recites that the Resolution was passed at a meeting that was open
to the public and that the consideration of the Resolution was properly noticed.
5. This section provides CoServ and counsel for CoServ Gas Cities will be notified of
the City’s action by sending a copy of the approved and signed resolution to counsel.
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - ________
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS
FINDING THAT COSERV GAS, LTD.’S STATEMENT OF
INTENT TO INCREASE RATES WITHIN THE CITY
SHOULD BE DENIED; FINDING THAT THE CITY’S
REASONABLE RATE CASE EXPENSES SHALL BE
REIMBURSED BY THE COMPANY; FINDING THAT THE
MEETING AT WHICH THIS RESOLUTION IS PASSED IS
OPEN TO THE PUBLIC AS REQUIRED BY LAW;
REQUIRING NOTICE OF THIS RESOLUTION TO THE
COMPANY AND THE CITY’S LEGAL COUNSEL.
WHEREAS, the City of The Colony, Texas (“City”) is a gas utility customer of CoServ
Gas, Ltd. (“CoServ” or “Company”) and is a regulatory authority under the Gas Utility
Regulatory Act (“GURA”) with exclusive original jurisdiction over CoServ’s rates, operations,
and services within the City; and
WHEREAS, the City cooperated with a coalition of similarly situated cities served by
the Company that have joined together to facilitate the review and response to natural gas issues
affecting the rates charged in CoServ’s service area (“CoServ Gas Cities” or “Steering
Committee of Cities Served by CoServ Gas, Ltd.”); and
WHEREAS, on or about July 28, 2023, CoServ filed with the City a Statement of Intent
to Increase Rates seeking to increase natural gas rates by $10.3 million annually in incorporated
areas; and
WHEREAS, the City passed Resolution No. 2023-054 to suspend the effective date of
CoServ’s requested rate increase for 90 days, the maximum period allowed by law; and
WHEREAS, CoServ Gas Cities hired and directed legal counsel and consultants to
prepare a collective response to the Company’s requested increase, which resulted in a
conclusion that CoServ’s proposed rates are not reasonable; and
WHEREAS, CoServ Gas Cities’ attorneys recommend that members deny the requested
increase; and
WHEREAS, GURA § 103.022 provides that costs incurred by CoServ Gas Cities in
ratemaking activities are to be reimbursed by the regulated utility.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY TEXAS:
21
Section 1.That the rates proposed by CoServ to be recovered through its gas rates
charged to customers located within the City limits, are hereby found to be unreasonable and
shall be denied.
Section 2.That the Company shall continue to charge its existing rates to customers
within the City.
Section 3.That the City’s reasonable rate case expenses shall be reimbursed in full
by CoServ.
Section 4.That it is hereby officially found and determined that the meeting at which
this Resolution is passed is open to the public as required by law and the public notice of the
time, place, and purpose of said meeting was given as required.
Section 5. That a copy of this Resolution shall be sent to CoServ, care of Charles
Harrell, CoServ Gas, Ltd., 7701 South Stemmons Freeway, Corinth, Texas 76210
(Charrell@coserv.com); and to Thomas Brocato, counsel for CoServ Gas Cities, Lloyd
Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701
(tbrocato@lglawfirm.com).
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 21ST DAY OF NOVEMBER 2023.
_________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
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Agenda Item No:5.3
CITY COUNCIL Agenda Item Report
Meeting Date: November 21, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to issue a purchase order to Bureau Veritas North
America in the amount of $109,000.00 for health plan review and inspections. (Perez)
Suggested Action:
Attachments:
PO for FY 23-24 Bureau Veritas.pdf
Res. 2023-xxx Bureau Veritas North America.docx
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24
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO BUREAU
VERITAS NORTH AMERICA FOR HEALTH PLAN REVIEW AND INSPECTIONS;
AND PROVIDING AN EFFECTIVE DATE.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City
Manager to issue a purchase order to Bureau Veritas North America in the amount of $109,000.00
for health plan review and inspections.
Section 2. That the City Manager and/or his designee are authorized to issue said purchase
order.
Section 3.This resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 21st DAY OF NOVEMBER 2023.
____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
25
Agenda Item No:5.4
CITY COUNCIL Agenda Item Report
Meeting Date: November 21, 2023
Submitted by: Chris Cuellar
Submitting Department: Information Technology
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to renew an enterprise GIS license agreement
with ESRI for 3 years in the amount of $39,700.00 per year for a total of $119,100.00. (Cuellar)
Suggested Action:
Attachments:
ESRI 3 Year Agreement - 2023.pdf
ESRI Background Information.doc
Res. 2023-xxx ESRI GIS License Agreement.doc
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34
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BACKGROUND INFORMATION
Information Technology
TO:Mayor, City Council, and City Manager
DATE SUBMITTED:November 13, 2023
MEETING DATE:11/21/2023
SUMMARY OF
REQUEST:
Consider renewal of the enterprise GIS license agreement for 3
years
Background:
The City of The Colony has utilized ESRI’s GIS software since 1999 and the software is used
to provide a number of services including the following:
Allows for the creation of interactive maps for staff and the public to easily locate
various utilities including water, sewer, storm, and fire hydrants.
Allows for the creation of maps which are used by Police and Fire to locate addresses
during emergency calls.
Used to maintain a street centerline layer which is used by Denton County 911.
Allows for the creation of maps showing new developments which are used by
Planning and Development.
Other software systems in use by the City are directly integrated with the GIS system
including applications used by public works and code enforcement.
The first enterprise GIS agreement was signed on 12/17/2008 and the City has continued to
extend this contract at $35,000 per year since 12/2010.
This is a standard agreement used by a number of cities in the area including Keller, Highland
Village, University Park, Wylie, Weatherford, Colleyville, Addison and Rockwall.
Purpose:
Renewal of the City’s enterprise GIS agreement is needed to continue providing map services
to the public and staff.
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A CONTRACT BY AND BETWEEN
THE CITY OF THE COLONY AND ESRI, INC FOR A 3 YEAR
RENEWAL OF AN ENTERPRISE GIS LICENSE AGREEMENT;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CONTRACT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City and ESRI, Inc. have entered into a contract for the renewal of an
enterprise GIS license agreement; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the contract with ESRI, Inc., which is attached hereto and incorporated herein by reference as
Exhibit “ESRI 3 Year Agreement,” under the terms and conditions provided therein; and
WHEREAS, with this three (3) year contract, the City of The Colony is agreeing to pay
$39,700.00 per year, totaling $119,100.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The contract which is attached hereto and incorporated herein as Exhibit "ESRI
3 Year 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 contract on behalf of the
City of The Colony, Texas.
Section 3.This Resolution shall take effect immediately from and after its adoption and
shall continue until completion of the services provided by ESRI, Inc. and it is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 21st DAY OF NOVEMBER 2023.
____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
37
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
38
Agenda Item No:5.5
CITY COUNCIL Agenda Item Report
Meeting Date: November 21, 2023
Submitted by: Kimberly Thompson
Submitting Department: Police
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to issue a purchase order to Galls LLC in the
amount of $150,000.00 for the purchase of Police Department uniforms. (Coulon)
Suggested Action:
Attachments:
Signed Galls Requisition Form.pdf
Res. 2023-xxx Galls LLC.docx
39
40
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO GALLS
LLC FOR THE PURCHASE OF POLICE DEPARTMENT UNIFORMS; AND
PROVIDING AN EFFECTIVE DATE.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.That the City Council of the Cityof The Colony, Texas hereby authorizes the City
Manager to issue a purchase order to Galls LLC in the amount of $150,000.00 for the purchase of
Police Department uniforms.
Section 2. That the City Manager and/or his designee are authorized to issue said purchase
order.
Section 3.This resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 21st DAY OF NOVEMBER 2023.
____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
41
Agenda Item No:5.6
CITY COUNCIL Agenda Item Report
Meeting Date: November 21, 2023
Submitted by: Kimberly Thompson
Submitting Department: Police
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to accept a bid from Reliable Chevrolet,
Richardson, Texas for five (5) replacement Tahoe's and one (1) wrecked replacement Tahoe in the amount of
$298,862.54-Contract #23-03-1008RR. (Coulon)
Suggested Action:
Attachments:
Reliable Chevrolet - Purchase order.pdf
Res. 2023-xxx Reliable Chevrolet.docx
42
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44
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 – ________
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING
THE CITY MANAGER TO ACCEPT A BID FROM RELIABLE CHEVROLET,
RICHARDSON, TEXAS FOR FIVE (5) REPLACEMENT TAHOES AND ONE (1)
WRECKED REPLACEMENT TAHOE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the
City Manager to accept a bid from Reliable Chevrolet, Richardson, Texas for five (5)
replacement Tahoe’s and one (1) wrecked replacement Tahoe in the amount of
$298,862.54 – Contract #23-03-1008RR.
Section 2. That the City Manager and/or his designee are authorized to accept the bid.
Section 3. That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THIS THE 21st DAY OF NOVEMBER 2023.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
45
Agenda Item No:5.7
CITY COUNCIL Agenda Item Report
Meeting Date: November 21, 2023
Submitted by: Calvin Lehmann
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Professional Services Agreement
with HALFF Associates, LLC for design services of a segment of the Park Loop Trail (Segment 1A) connecting
Squires Drive and Taylor Street in the amount of $98,880.00 to be funded by the Community Development
Corporation. (Lehmann)
Suggested Action:
Background: City Council Approved funding for the Park Loop Trail Segment 1A in the 23-24 budget year.
Segment 1A is a 10' wide planned portion of trail in our City of The Colony Trails & Bikeways Master Plan. It is
the continuation of the Park Loop Trail segment 2A (previously approved by City Council for design and
currently out to bid), which runs from North Colony inside the Oncor easement and ends at Squires Drive. The
new portion of trail segment 1A, will continue from Squires Drive running East adjacent to the drainage channel,
connecting to the existing Park Loop Trail Segment along Taylor Street, completing the loop portion of trail in the
North. Also included in the design, is a quarter mile loop around the open field at Squires Park, giving those the
option to run laps to time themselves and track fitness goals. With approval, the estimated design/bid results of
trail segment 1A can be completed by June 2024, as the construction of segment 2A is ongoing.
Attachments:
Halff Professional Services Agreement form Engineering Design Services. final. Approved by Attorney February
2018.pdf
Exhibit A-B-B1 - Park Loop Trail (Segment 1A).pdf
Trail 1A Layout - CDC.pdf
Res. 2023-xxx Park Loop Trail Segment 1A.doc
46
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Park Loop Trail (Segment 1A) Page A-1 of A-8
EXHIBIT “A”
SCOPE OF WORK
PARK LOOP TRAIL (SEGMENT 1A)
CITY OF THE COLONY, TEXAS
1. Description:
The objective of this project is to design a 10-ft wide concrete shared-use trail, in
accordance with the City of The Colony Trails and Bikeways Master Plan, that will be
constructed for the City’s trail system and connect to trail systems in other cities. The
proposed trail, Segment 1A under Phase 1 in the Trail Master Plan, is a continuation of
Park Loop Trail (Segment 2A) that ends at Squires Drive.
The proposed design for Park Loop Trail (Segment 1A) will begin at the connection to
the existing Park Loop Trail (Segment 2A) at Squires Drive. The trail will then run
eastward, meandering alongside an existing creek and end on the west side of Taylor
Street where it will connect to the existing Legends Hike/Bike Trail. The trail will consist
of approximately 1,600 linear feet of 10-ft wide concrete shared-use trail from Squires
Drive (Southwest corner of Squires Park) to Taylor Street, 300 linear feet of 10-ft wide
concrete shared-use trail to connect to the existing 8-ft wide sidewalk (Northeast corner
of Squires Park) to complete a 0.25-mile loop for Squires Park.
The scope of this project for all options includes survey and engineering design services
to prepare plans, specifications, and estimates (PS&E). Design will be in accordance
with the applicable specifications and standards of the City of The Colony, TxDOT,
FEMA, and AASHTO.
2. Assumptions:
A. Professional services include only services that are normal and customary and
are not represented as including special services or those requiring expertise that
is greater than that provided by other service providers.
B. Horizontal alignment for trail shall be in accordance with Segment 1A of the City
of The Colony Trails and Bikeways Master Plan, dated February 2017. The only
deviation from said plan shall be to meander Segment 1A Trail along existing
creek channel to Taylor Ballfield, instead of the Signed Bike Route along Vaden
Street.
C. No extensions of existing sidewalks will be considered for this project.
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Park Loop Trail (Segment 1A) Page A-2 of A-8
D. Minor water crossings are anticipated for this project. Therefore, it is assumed
subsurface storm drain systems will be extended and low water crossings will be
proposed. Pedestrian bridge will not be included in design under this agreement.
E. Full hydraulic analysis and calculations for existing storm drain extensions to be
excluded but can added as additional services if required. It is assumed that as
built plans are available and will be provided to Halff by the City to determine
existing storm drain hydraulic data.
F. In accordance with FEMA Flood Map, there is a tributary of Lewisville Lake that
flows through Taylor Street Park, Squires Park and crosses Squires Dr flowing
east to west. Based on the horizontal alignment, the proposed trail will cross the
100-year regulatory base flood elevation. Design of storm drain system extension
is assumed to be within the 100-year base flood elevation and shall require
environmental review. Design for this project excludes all work within the existing
channel and 100-year regulatory floodway. The City shall be informed by the
Professional and determine if an alternative design is necessary at the 60%
design milestone. The alternative design shall be presented to the City with an
amendment to this contract detailing the anticipated scope and fee for the
additional services if required. Permitting coordination, outside of nationwide
permit 14 with the Army Corp. of Engineers, is assumed to be unnecessary and
is excluded. Hydraulic and hydrologic modeling and analysis of the existing creek
is excluded from this project.
G. It is assumed that the project limits are within City right-of-way and/or franchise
utility easement(s) and no residential property will be in conflict.
H. Professional shall coordinate with franchise utility owners within the project limits
to inform them of potential conflicts and assist with design coordination.
I. It is assumed that walls, if any, shall be limited to curb walls of a height suitable
for use of City standard details. No structural services have been provided as
part of this project.
J. No landscaping design, irrigation design, or planting plans shall be provided as
part of this agreement. These additional services may be provided upon city
request for additional scope and fee. Proposed grass sodding/seeding
associated with this project will be shown on the Erosion Control plans.
K. The Owner shall be responsible for coordination with grantor of federal grant
project for Taylor Ballfield impacts. It is assumed that existing outfield fence to be
adjusted as part of this project.
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Park Loop Trail (Segment 1A) Page A-3 of A-8
3. Work Plan:
A. Surveying Services
The Professional shall provide surveying services, which, in general, may be
defined as normal services applicable to a project of this type. The following
particulars will also apply.
(1) Vertical benchmarks shall be established such that all points of construction
shall be within 500 feet of a benchmark. Benchmarks should not be subject to
loss during construction. Fire hydrants and similar appurtenances are not to
be used for benchmarks. The surveyor shall establish temporary benchmarks
throughout the length of the project.
(2) Topographic features will be surveyed along with any and all other features
needed for design, review, permitting, construction, and inspection of the
project. Coverage will extend 25 linear feet beyond both sides of the trail
alignment for a 50-ft wide corridor of survey to integrate the design with the
adjacent properties. The Professional will incorporate this survey with survey
data obtained through LIDAR topography, existing aerial photography, and
record drawings of existing improvements to prepare a base map for design.
(3) Existing property corners, iron pins, etc. shall be tied in order to establish
existing right-of-way. Prior to surveying on private property, the surveyor shall
secure written permission from property owners and/or tenant and shall
provide the City a copy of said written permission. Should only oral
permission be granted, the surveyor shall document the permission granted
by letter to the property owner/tenant, with a copy provided to the
City. If permission cannot be obtained, the City will assist or other
arrangement will be worked out.
B. Subsurface Utility Engineering (SUE)
The Professional shall provide SUE services, which, in general, may be defined
as normal services applicable to a project of this type. SUE services shall be
performed in accordance with CI/ASCE 38-02 Standard Guidelines for the
Collection and Depiction of Existing Subsurface Utility Data. The standard
defines the following Quality Levels:
(1) Quality Level D
(a) Conduct appropriate investigations (e.g., owner records, County/City
records, personal interviews, visual inspections, etc.), to help identify
utility owners that may have facilities within the project limits or that
may be affected by the project.
(b) Collect applicable records (e.g., utility owner base maps, “as built” or
record drawings, permit records, field notes, geographic information
system data, oral histories, etc.) on the existence and approximate
location of existing involved utilities.
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Park Loop Trail (Segment 1A) Page A-4 of A-8
(c) Review records for: evidence or indication of additional available
records; duplicate or conflicting information; need for clarification.
(2) Quality Level C (includes tasks as described for Quality Level D)
(a) Identify surface features, from project topographic data and from field
observations, that are surface appurtenances of subsurface utilities.
(b) Include survey and correlation of aerial or ground-mounted utility
facilities in Quality Level C tasks.
(c) Survey surface features of subsurface utility facilities or systems if
such features have not already been surveyed by a professional
surveyor. If previously surveyed, check survey data for accuracy and
completeness.
(d) The survey shall also include (in addition to subsurface utility features
visible at the ground surface): determination of invert elevations of any
manholes and vaults; sketches showing interior dimensions and line
connections of such manholes and vaults; any surface markings
denoting subsurface utilities, furnished by utility owners for design
purposes.
(e) Exercise professional judgment to correlate data from different
sources, and to resolve conflicting information.
(f) Recommend follow-up investigations (e.g., additional surveys,
consultation with utility owners, etc.) as may be needed to further
resolve discrepancies.
(3) Quality Level B (includes tasks as described for Quality Level C)
(a) Select and apply appropriate surface geophysical method(s) to search
for and detect subsurface utilities within the project limits, and/or to
trace a particular utility line or system.
(b) Based on an interpretation of data, mark the indications of utilities on
the ground surface for subsequent survey. Utilize paint or other
method acceptable for marking of lines.
(c) Unless otherwise directed, mark centerline of single-conduit lines, and
outside edges of multi-conduit systems.
(d) Resolve differences between designated utilities and utility records and
surveyed appurtenances.
(e) Recommend additional measures to resolve differences if they still
exist. Recommendations may include additional or different surface
geophysical methods, exploratory excavation, or upgrade to Quality
Level A data.
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Park Loop Trail (Segment 1A) Page A-5 of A-8
(f) As an alternative to the physical marking of lines, the ENGINEER may,
with CITY’s approval, utilize other means of data collection, storage,
retrieval, and reduction, that enables the correlation of surface
geophysical data to the project’s survey control.
(4) Quality Level A
(a) Quality Level A is not included for this project.
C. Construction Plans, Specifications, and Estimate (PS&E)
The Professional shall submit preliminary plans and documents to the City for
review at the 60% and 90% design level and address applicable comments
arising from said reviews. Final plans shall be signed and submitted at the 100%
milestone. It is assumed that all submittals shall be digital, and no hard copies
shall be required. This project does not include any plans in hand reviews. Also,
the professional may submit plan sheets or working drawings to the City for
review and comment to reduce the number of revisions that otherwise would be
required.
Construction Plans
(1) Cover Sheet and Sheet Index: The cover sheet shall include a location map.
Additionally, the cover sheet shall show the project name, project number,
date, City logo, Professional’s name, address, and telephone number and
other items may be specified. The Sheet Index shall be included on the Cover
Sheet.
(2) Survey Control and Project Layout: A Survey Control and Project Layout plan
shall be prepared at a scale adequate to depict all improvements and survey
control to be used by the contractor during construction.
(3) Project General Notes and Legend: These sheets will include a listing of
abbreviations, legend, and general notes.
(4) Removal Plan: A Removal Plan depicting all structures and appurtenances
scheduled for demolition/removal, adjustment, or relocation shall be prepared
at a scale adequate to depict all elements.
(5) Paving Plan and Profile: Paving Plan and Profile(s) shall be prepared for at a
scale adequate to depict all proposed improvements. Plans shall provide
northing and easting as well as vertical and other pertinent control information
necessary for the Contractor to construct the proposed improvements. Plans
shall also display station and coordinate data for all horizontal alignment
PC’s, PT’s, PI’s; station and elevation data of all vertical profile PC’s, PT’s,
PI’s, low points, and high points; lengths of vertical curves, grades, K values,
e, vertical clearances where required, and depict all existing and proposed
items pertinent to the project.
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Park Loop Trail (Segment 1A) Page A-6 of A-8
(6) Grading Plan: Grading Plan(s) shall be prepared at a scale adequate to depict
all proposed improvements. Plans shall provide northing and easting as well
as vertical and other pertinent control information necessary for the
Contractor to construct the proposed improvements. Plans shall also display
1-ft contour data with the contours labeled. The contours for existing
conditions shall be derived from data collected under Surveying Services and
supplemented with Lidar where necessary. Plans shall depict all existing and
proposed items pertinent to the project.
(7) Storm Drain Plan and Profile: Storm Drain Plan and Profiles(s) shall be
prepared at a scale adequate to depict all proposed improvements. Plans
shall provide northing and eastings as well as vertical and other pertinent
control information necessary for contractor to construction proposed
improvements.
(8) Miscellaneous: Construction plans will also address erosion control, proposed
signage, cross sections, and all other improvements.
(9) Detail Sheets: The City’s standard drawings will be used as applicable to this
project. Where other agency standards or record drawings are used, they
shall be reduced as necessary to fit on the City’s standard sheet format with
complete title block.
(10) Design: The design of the project shall be in general accordance with the
City of The Colony ordinances, standard details, and good Engineering
practices. During the design phase, the Professional shall contact various
utility companies and obtain information relating to existing utility lines. The
design should avoid major utility relocations where practical. When required,
proposed relocations or replacements will be shown in plan and profile.
Project Manual and Specifications
The Professional shall prepare a project manual and technical specifications
required for bidding and constructing the project starting at the 60% submittal.
The project manual will be provided in the City’s standard format. Only
specifications amending or supplementing COG specifications need be
furnished.
Opinion of Probable Construction Cost
The Professional shall provide the City with an opinion of probable construction
cost at each milestone submission. Unit prices shall be taken from bid tabs of
similar projects.
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Park Loop Trail (Segment 1A) Page A-7 of A-8
D. Public Meetings: Professional shall not be required to attend public meetings for
this project.
E. City Council Coordination: The Professional shall not be required to attend any
City Council meetings under this contract.
F. Construction Control Staking: The Contractor will provide construction staking.
G. Geotechnical Investigation: Geotechnical services shall not be provided as part
of this project. It is assumed that trail’s pavement section shall be in accordance
to the City’s standards and specifications.
H. Bidding, Construction, and Closure:
(1) Bidding:
(a) During the bidding phase, the Professional will prepare bid
documents and assist the City in advertising the project for bids. The
Professional will address technical questions and prepare addenda
to be issued to the bidders. The Professional shall attend a pre-bid
meeting and prepare minutes. The Professional will tabulate bids
and make recommendations for award of contract.
(2) Construction:
(a) Attend a pre-construction meeting and monthly progress meetings
as required. Four (4) months are assumed for the construction
duration.
(b) Visit the project site at appropriate intervals as construction
proceeds to observe and report on the progress and quality of the
executed work. In performing these services, the Professional will
endeavor to protect the City against defects and deficiencies in the
work of the Contractor. However, the Professional cannot guarantee
the performance of the Contractor, nor be responsible for the actual
supervision of the construction operations or for the safety measures
that the Contractor takes or should take.
(c) Review shop drawings and Contractor submittals.
(d) Review laboratory test reports on materials and equipment.
(e) Prepare and negotiate Change Orders between the Contractor and
the City.
(f) Prepare record drawings from information supplied by the
Contractor.
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Park Loop Trail (Segment 1A) Page A-8 of A-8
(g) Attend final inspection and prepare punch list report.
(3) Closure: The Professional shall prepare “record” plans, incorporating all
changes and known variations to provide the City the best possible set of
record drawings. The final record drawings shall be furnished on CD with
plan sheets in .tif and pdf formats. CADD files of plan sheets and master files
shall be provided on the CD as well.
I. Permitting
(1) Texas Department of Licensing and Review (TDLR): The Professional shall
prepare and submit applications and fee to the TDLR for code review of trails
and ramps. After construction, the Professional shall notify TDLR of
completion date. Professional shall address any question or issues by TDLR
as a result of review and inspection. TDLR review and inspection fees are
included in this proposal.
4. Schedule:
A. Complete design surveys: 60 calendar days from date of receipt of written
authorization to begin.
B. Completion/furnishing 60% plans, project manual, and opinion of probable
construction cost: 60 calendar days from date of receipt of written authorization
to begin.
C. Completion/furnishing 90% plans, project manual, and construction cost
estimate: 30 calendar days from receipt of 60% comments.
D. Completion/furnishing of Signed and Sealed plans for construction: 15 calendar
days from receipt of 90% comments.
E. Bidding Services: 60 calendar days form the city’s approval of final plans.
F. Construction Services: In accordance with construction schedule (estimated to
be 120 calendar days).
G. Closure: 30 calendar days from the date of construction completion.
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Park Loop Trail (Segment 1A) Page B-1 of B-1
EXHIBIT “B”
COMPENSATION
PARK LOOP TRAIL (SEGMENT 1A)
CITY OF THE COLONY, TEXAS
Exhibit “B” defines the basis of compensation to the Consultant for the services
rendered.
A. Fees - The fee for the services described in Exhibit “A” will be $98,880. This
includes printing, direct costs, and computer charges normally associated with
production of these services.
The basis of compensation for services shall be as follows:
TASK DESCRIPTION FEE
1. Survey Services $9,570
2. Subsurface Utility Engineering (SUE) $8,940
3. Construction Plans, Specifications, and Estimate (PS&E) $57,920
4. Environmental Review $7,020
5. Bidding, Construction, and Closure $13,610
6. Permitting $1,820
TOTAL SERVICES $98,880
B. Billing – The fees established above shall be considered lump sum fees. Costs
incurred will not be exceeded without prior approval from The Colony. Services
will be invoiced monthly based on percentage of work complete and may include
partial payments on the total amounts designated for each task.
65
Project Phases and Tasks
Task 1: Survey Services
Design Surveys 8 16 16 4 44 $9,520 $50.00 $9,570
Subtotal Task 1 8 16 16 4 44 $9,520 $50.00 $9,570
Task 2: Subsurface Utility Engineering (SUE)
Quality Level D 4 16 20 $3,280 $3,280
Quality Level C 4 16 20 $3,280 $3,280
Quality Level A
Franchise Utility Coordination 4 10 14 $2,380 $2,380
Subtotal Task 2 12 42 54 $8,940 $8,940
Task 3: Construction Plans, Specifications, and Estimate (PS&E)
Plan Preparation (no. of sheets)
Cover Sheet and Index (1)1 2 3 $445 $445
Project General Notes and Legend (1)1 4 5 $725 $725
Typical Section (1)1 8 9 $1,285 $1,285
Detail Sheets (30)1 8 9 $1,285 $1,285
Survey Control and Project Layout (1)4 8 12 $1,780 $1,780
Removal Plan (3)4 8 12 $1,780 $1,780
Paving Plan and Profile (5)1 16 40 2 59 $8,650 $8,650
Grading Plan (3)1 16 24 2 43 $6,410 $6,410
Storm Drain Plan and Profile (2)1 16 24 2 43 $6,410 $6,410
Erosion Control Plan (3)4 8 12 $1,780 $1,780
Pavement Marking and Signage Plan (3)4 8 12 $1,780 $1,780
Cross Sections (5)8 4 1 13 $1,980 $1,980
Project Manual and Specifications
60% Project Manual 1 8 2 11 $1,810 $1,810
90% Project Manual 1 4 1 6 $1,010 $1,010
Final Project Manual 1 4 1 6 $1,010 $1,010
OPCC
60% OPCC 1 6 6 13 $2,040 $2,040
90% OPCC 1 4 4 9 $1,430 $1,430
Final OPCC 1 2 2 5 $820 $820
Submittals and QAQC
60% QAQC 4 4 8 16 $3,360 $3,360
60% Submittal Comments 4 16 2 22 $3,050 $3,050
90% QAQC 2 4 8 14 $2,940 $2,940
90% Submittal Comments 4 8 2 14 $1,930 $1,930
Final QAQC 2 4 4 10 $2,280 $2,280
Final Submittal Comments 4 8 2 14 $1,930 $1,930
Subtotal Task 3 17 12 136 194 7 6 372 $57,920 $57,920
Task 4: Environmental Review
Environmental Impacts to Floodplain 8 12 24 44 $7,020 $7,020
Subtotal Task 4 8 12 24 44 $7,020 $7,020
Task 5: Bidding, Construction, Closure
Construction Administration
Bidder Questions 1 2 3 $540 $540
Pre-Bid Meeting (1)2 2 4 $610 $50.00 $660
Addendum (1)2 2 4 $610 $610
Bid Opening (1)2 2 4 $610 $50.00 $660
Bid Tabulation and Contractor Recommendation 2 6 8 $1,170 $1,170
Conformed Bid Documents 4 4 8 $1,220 $1,220
Pre-Construction Meeting (1)2 2 4 $610 $50.00 $660
Monthly Progress Meetings (5)10 10 $1,650 $250.00 $1,900
Review Shop Drawings, Submittals and Testing Reports 1 12 13 $2,190 $2,190
Site Visits, Pay Applications, Contract Amendments 2 8 8 18 $2,860 $250.00 $3,110
As-Built Drawings 2 4 6 $890 $890
Subtotal Task 5 4 48 30 82 $12,960 $650.00 $13,610
Task 6: Permitting
Texas Department of Licensing and Review (TDLR)0.5 4 2 6.5 $1,045 $775.00 $1,820
Subtotal Task 6 0.5 4 2 6.5 $1,045 $775 $1,820
PROJECT TOTALS 29.5 12 200 250 12 8 16 58 11 6 602.5 $97,405.00 $1,475.00 $98,880.00
EXHIBIT "B"
(SUPPLEMENT TO EXHIBIT "B")
PARK LOOP TRAIL (SEGMENT 1A)
CITY OF THE COLONY
ESTIMATED PROJECT EFFORT
A:\53000s\53582\001\Admin\Contracts\Working\P54130.001 Trail Segment 1A\Exhibit B-1 - Park Loop Trail (Segment 1A)66
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH HALFF
ASSOCIATES, LLC FOR DESIGN SERVICES OF A SEGMENT
OF THE PARK LOOP TRAIL (SEGMENT 1A) CONNECTING
SQUIRES DRIVE AND TAYLOR STREET TO BE FUNDED BY
COMMUNITY DEVELOPMENT CORPORATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best interest of the
citizens to execute a Professional Services Agreement with Halff Associates, LLC for
design services of a segment of the Park Loop Trail (Segment 1A) connecting Squires
Drive and Taylor Street; and
WHEREAS,the City of The Colony agrees to pay the design cost for the overall
project in the amount of $98,880.00 with funding from the Community Development
Corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The City Council of the City of The Colony authorizes the
execution of a Professional Services Agreement with Halff Associates, LLC.
Section 2.The City Manager is hereby authorized to execute the agreement
for said project.
Section 3.This resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, THIS THE 21ST DAY OF NOVEMBER 2023.
______________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
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___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
69
Agenda Item No:5.8
CITY COUNCIL Agenda Item Report
Meeting Date: November 21, 2023
Submitted by: Calvin Lehmann
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Professional Services Agreement
with Kimley-Horn And Associates, Inc. to prepare construction plans and specifications for the addition of a
ventilated structure to relocate the existing chemical storage and mechanical equipment at The Colony Aquatic
Park in the amount of $103,500.00, to be funded by the Community Development Corporation. (Lehmann)
Suggested Action:
Background: City Council approved funding for Aquatic Park renovations & Upgrades in the 2023-2024 budget.
Earlier this year we did an Aquatic Study with Councilman-Hunsaker, a leading Aquatics Consultant who
provided a detailed assessment of our Aquatic Facility. A top priority listed, is to better ventilate and separate
our chemicals, which currently contains Chlorine and Muriatic Acid in the same storage room. Separating these
chemicals is now the current code and when stored together causes corrosion. We reached out to
Kimley-Horn who has a history of working with Councilman-Hunsaker, and they provided us an option based on
the assessment and coordination with the latter. A cost effective solution is to add on to the existing building
with an open air ventilated, composite siding, metal roof structure, that is divided by a wall to store the
chemicals separately. This will give us proper ventilation and bring the chemicals storage up to code.
Attachments:
The Colony-Aquatics Center Proposal 11-3-23.pdf
IMG_5798.jpg
Res. 2023-xxx Kimley-Horn - construction plans.docx
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November 3, 2023
Mr. Calvin Lehmann
Park Development Manager
5151 N Colony Blvd
The Colony, TX 75056
Re: Agreement for Landscape Architecture Services
The Colony Aquatic Center – Site Plan
The Colony, TX
Dear Mr. Lehmann:
Kimley-Horn and Associates, Inc. (“KH” or the “Consultant”), is pleased to submit this letter agreement
(the “Agreement”) to the City of The Colony (“the Client”) for certain professional services. This
agreement may be signed in the section entitled “AUTHORIZATION”.
PROJECT UNDERSTANDING
The Colony Aquatic Center is an existing facility located along N Colony Blvd Drive. The client has
requested design services for the park.
This Agreement is to prepare Conceptual Design Plans and Construction Drawings for improvements
to be designed at The Colony Aquatic Center within the limits of Exhibit A. Park improvements will
include a new shade structure, sidewalks, and fencing.
A table summarizing our proposed scope of services, by task, is provided below. The table includes
projected fees and fee type. Only tasks with accompanying fees are included in our proposed scope
of services. The tasks are organized in the order they are typically performed. Detailed descriptions
of each task are provided later in this agreement, as are the notes and assumptions upon which our
scope and fee are based.
EXHIBIT A – EXISTING PARK PLAN
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TASK AND FEE SUMMARY
Design Services
Task 101 Conceptual Plans $12,000 (LS)
Task 102 Construction Documents $25,000 (LS)
Task 103 Meetings and Project Coordination $8,000 (HR)
Subtotal $45,000
Surveying & Engineering Services
Task 201 Topographical Survey (Partial Site) $8,000 (LS)
Task 202 Electrical Construction Documents $8,000 (LS)
Task 203 Civil Engineering Construction Documents $10,000 (LS)
Subtotal $26,000
Construction Phase Services
Task 301 Bidding Assistance $6,000(HR)
Task 302 Construction Phase Administration $4,000 (HR)
Task 303 Construction Meetings and Site Visits $10,000 (HR)
Subtotal $20,000
Total $91,000
Subconsultant Allowances
Task 401 Geotechnical Report (Alpha) $7,500 (LS)
Task 402 Accessibility Review (Fred Cawyer) $5,000 (LS)
Total $12,500
Grand Total $103,500
Fee Types:
LS = Lump Sum Fee
HR = Hourly Fee Budget Estimate. Actual fee depends on effort expended.
Expenses:
All other reimbursable expenses will be invoiced at cost plus a markup of 15.00%
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TASK DESCRIPTIONS
DESIGN SERVICES
Task 101 Conceptual Design Plans
Kimley-Horn and the Client will identify the scope of the improvements. Based on information received
from the Client, Kimley-Horn will develop a set of Conceptual Design Plans of proposed features
illustrating the general scope, scale, and relationship of design components and submit them to the
Client for review.
The elements to be illustrated in the Conceptual Design Plan are expected to be limited to:
• Shade structure
• Fencing
• Sidewalks
As a part of this task, Kimley Horn will attend up to one (1) client review meeting to review the
conceptual design set. Based on input received during the initial design review meeting, Kimley-Horn
will update the plans and send that set to the Client. It is understood that the City will use this set of
plans to review with the Community Development Corporation Board. The Client will then provide
simultaneous comments from the City and Community Development Corporation Board to be
incorporated into the construction documents. Upon approval of the conceptual design direction, that
information will be used as a basis for preparing the Construction Documents.
Kimley Horn will revise the Opinion of Probable Construction Cost one (1) time to incorporate the design
changes in this task for Client review. Because the Consultant does not control the cost of labor,
materials, equipment or services furnished by others, methods of determining prices, or competitive
bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions
as to the costs of construction and materials, shall be made on the basis of its experience and represent
its judgment as an experienced and qualified professional, familiar with the industry. The Consultant
cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of
cost.
If additional changes are required beyond the final round of comments that require changes to the plans
prior to commencement of the next task, this effort will be considered an additional service and will be
billed in accordance with our then current hourly rate schedule.
Task 102 Construction Documents
Upon Client approval of the final conceptual Design Plans, Kimley-Horn will prepare Landscape
Construction Plans based on the information prepared in the tasks above. Plans will be broken into two
(2) separate sets of plans in this task, a 75% set and the Issue For Construction (IFC) set of
Construction Documents.
It is anticipated that the following sheets will comprise the Landscape Architecture Construction
Documents:
A. Cover
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B. Materials Legend / General Notes
C. Demolition Plans
Showing existing conditions that will be removed from site prior to construction of proposed
amenities.
D. Hardscape Plans and Layout Plans
Kimley-Horn will prepare Hardscape Plans showing site related hardscape materials and
specifications, as well as dimensional control and layout for proposed site amenities.
E. Detailed Grading / Drainage Plans
The grading plan will show proposed spot elevations and contours. Proposed landscape
drains will be shown with rim elevations and tie-ins to civil storm sewer plans. Retaining walls
needed to accomplish the grading, if applicable, will be shown with proposed top and toe
elevations. As part of this task the selection of the wall system and the structural design of
the walls will NOT be provided.
Kimley-Horn will prepare plans showing grading and dimensional layout of the elements in
the plan set. This plan will include spot elevations and detail callouts.
F. Planting Plans
Kimley-Horn will prepare Planting Plans for the site showing plant species, sizes, and location
and associated details for canopy trees, ornamental trees, shrubs and groundcover, and turf.
G. Details
As a part of this Design Development set of plans, Kimley-Horn will prepare detail sheets
showing hardscape elements included in the Final Schematic Design package. This includes
detail plans, sections, and elevations. Required submittals, shop drawings, samples, cut
sheets and mockups will be listed for approval by Landscape Architect.
Any fountain/ water feature and/or pool is not included in this scope.
H. Specifications
Kimley-Horn will prepare specification sections in construction specifications institute (CSI)
format for each area of scope pertaining to the landscape architectural plans.
Effort for this task includes plan preparation and work to address one (1) round of ordinary and
reasonable comments from the Client for each of the two (2) submittal sets listed above. These
comments following each submittal will be used to complete the following submittal set. This task does
not include revisions necessitated by site layout changes directed by the Client, or their representatives.
This task includes the following submittals:
- 75% Construction Document plan set (B&W) in digital (PDF) format and up to two (2) full size
24x36 printed copies.
- IFC Construction Document plan set (B&W) in digital (PDF) format and up to five (5) full size
24x36 printed copies and up to two (2) half-size 12x18 printed copies.
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- Project manual with technical specifications in digital (PDF) format and up to two (2) printed
copies included with 100% set
- Opinion of Probable Construction Cost update (OPCC) to assist City with budget planning
If additional changes are required, beyond the final round of comments, that require changes to the
plans prior to commencement of the next task, this effort will be considered an additional service and
will be billed in accordance with our then current hourly rate schedule.
Task 103 Meetings and Project Coordination (During Design)
Kimley-Horn can be available to attend design team meetings, City meetings, Community Development
Corporation Board meetings, and/or conference calls, coordination with project sub-consultants, and
other project related meetings not listed in previous task items. This task includes up to thirty-five (35)
hours of Kimley-Horn meeting effort. Should additional meetings or coordination be required, this effort
will be billed on an hourly basis in addition to the amount provided above at the then current hourly rate
schedule.
SURVEYING & ENGINEERING SERVICES
Task 201 Limited Topographic Survey
Kimley-Horn will prepare a Limited Topographic Survey of a portion of The Colony Aquatic Park that is
necessary to perform Kimley-Horn’s scope of services. Approximately 0.1 acres are anticipated. This
survey will be based on a nominal 50’ grid system, including grade breaks, on-site utilities, including
flow lines of accessible utilities, DigTESS markings, and locations of trees 6 inches and larger. Kimley-
Horn will prepare an electronic map showing existing contour lines at 1’ intervals and existing visible
on-site improvements. The information will be tied to existing control points and City of The Colony
benchmark system.
Task 202 Electrical Construction Documents
Kimley-Horn will provide a power plan for the structure lighting, outlets and other electrical equipment.
This assumes an existing electrical service is provided and power requirements for the structure will be
provided to Kimley-Horn by the equipment supplier.
The power plan will include the following:
• Light layout and design showing light locations for the lights around the structure area.
• Lighting control scheme as coordinated with the City. Lighting control scheme will be limited
to an on/off control. Color changing or dynamic scenes are excluded from this scope.
• Conduit routing with cable fill.
• Power connections to new lights within structure.
• Lighting and power design for the pavilion structure.
• Electrical details for power connections.
• Panel Schedule.
• Coordination and connection to the electrical service.
• Electrical plans: 75% and Issued for Bid submittals for review by the City.
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• Electrical specifications (Division 26) required for the design in CSI format will be submitted
with the electrical plans.
This task does not include any other task not specifically noted above.
Kimley-Horn will provide Construction Drawings, Construction Specifications and an OPCC for this
task.
Task 203 Civil Engineering Construction Documents
Kimley-Horn will design and provide the following:
A. General Notes and Project Specifications
Showing general notes related to proposed construction based on jurisdictional standards.
B. Grading Plan
Showing proposed finished floor elevations and, as applicable, spot elevations and one-foot
contours for public sidewalks, drives, and parking areas. Detailed grading of landscape areas
will be coordinated with, but designed by, the landscape architect. Retaining walls needed to
accomplish the grading will be shown with proposed top and toe elevations in a “wall zone”.
The selection of the wall system and the structural design of the walls is beyond the limited
scope of this agreement and will be provided by KH or others under a separate agreement with
the client.
C. Cut and Fill Analysis
Comparing proposed grade to existing grade for improvements.
D. Water and Wastewater Plan:
Showing on-site water and wastewater plan layouts. It is assumed profiles will not be required.
E. Erosion Control Plan
Showing initial erosion control measures to be installed prior to disturbance of the site. The
erosion control measures will be maintained and modified throughout site construction as
necessary to comply with the conditions of their permits. This task does not yield a SWPPP
document.
F. Construction Details
Typical construction details for proposed site civil engineering improvements will be included by
reference to applicable jurisdictional standard details. If deemed necessary by KH, construction details
for certain site civil engineering improvements will be included in the plan set. This task includes the following submittals:
- 75% Construction Document plan set (B&W) in digital (PDF) format and up to two (2) full size
24x36 printed copies.
- IFC Construction Document plan set (B&W) in digital (PDF) format and up to five (5) full size
24x36 printed copies and up to two (2) half-size 12x18 printed copies.
- Project manual with technical specifications in digital (PDF) format and up to two (2) printed
copies included with 100% set
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- Opinion of Probable Construction Cost update (OPCC) to assist City with budget planning
If additional changes are required, beyond the final round of comments, that require changes to the
plans prior to commencement of the next task, this effort will be considered an additional service and
will be billed in accordance with our then current hourly rate schedule.
CONSTRUCTION PHASE SERVICES
Task 301 Bidding Assistance
Kimley-Horn will provide Bidding Phase Services as requested by the Client for the Landscape,
Hardscape and Park Amenities portion of the Project. It is understood that bidding of the construction
drawings will be bid as one complete package.
This task will consist of preparing the items below one (1) time for one (1) bid package for the public
bidding process:
1. Prepare bid documents.
2. Perform quantity take-offs and prepare Bid Form.
3. Coordinate bid letting date, time, and place with Client and prepare final invitation to Bid.
4. Assist and advise Client in placing the advertisement of the Invitation to Bid.
5. Identify potential bidders acceptable to the Client and distribute copies of Invitation to Bid.
6. Attend the Pre-Bid meeting at time established by the Client.
7. Prepare and issue addenda to the construction contract documents when required.
8. Assist Client during bid opening, making preliminary tabulation of bids, and review
questionnaires and bids for completeness.
9. Review the questionnaire to determine the acceptability of materials and equipment submitted
by the apparent successful bidder when the review is required by the bidding documents
subsequent to bid opening and prior to award of contract. Make recommendation to the Client.
10. Prepare and distribute formal bid tabulation sheets, evaluate bids and make written
recommendations to Client concerning contract award.
11. Incorporate all addenda items into a revised plan and specifications set. Addendum items shall
be incorporated electronically and shall be indicated by clouding information and noting
numerically according to which number addendum the information pertains. Documents will
also be provided in PDF format.
The budget value for this task includes up to twenty-five (25) hours of Kimley-Horn effort, but the Client
will be billed on actual effort performed. If there is additional bidding and/or review effort directed by the
Client, or their representatives, that effort will be considered an additional service and will be billed on
an hourly basis according to the current Kimley-Horn rate schedule.
Task 302 Limited Construction Phase Services
Consultant will provide limited construction phase services for the landscape architecture portions of
the project, as directed by the City. The scope of services listed below will be provided as part of the
construction phase services. The budgeted fees for this task are based upon approximately eighteen
(18) hours of effort. Any additional effort beyond the specified amount will be billed to the City hourly,
according to the current Consultant rates, as authorized by the City or its representatives. Site Visits
and Construction meetings will be included in Task 303. Consultant can provide the following
construction phase services:
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Request for Information (RFI): Consultant will respond to Contractor requests for information and issue
clarifications and interpretations of the Contract Documents to City within this fee. Any authorization of
variations from the Contract Documents will be made by City. Additional RFI requests will be
considered additional services.
Submittals and Shop Drawing Review: Consultant will review material submittals and material cut
sheets Shop Drawings, Samples and other data which Contractor is required to submit, but only for
conformance with the information given in the Contract Documents.
Change Orders: Consultant may recommend Change Orders to City and will review and make
recommendations related to Change Orders submitted or proposed by the Contractor.
Substitutes and "or-equal": Evaluate and determine the acceptability of substitute or "or-equal"
materials and equipment proposed by Contractor in accordance with the Contract Documents, but
subject to the provisions of applicable standards of state or local government entities.
Disagreements between City and Contractor: Consultant will, if requested by City, render written
decision on claims of City and Contractor relating to the acceptability of Contractor's work or the
interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor's
work. In rendering such decisions, Consultant shall be fair and not show partiality to City or Contractor
and shall not be liable in connection with any decision rendered in good faith in such capacity.
Applications for Payment: Based on its observations and on review of applications for payment and
accompanying supporting documentation, Consultant will determine the amounts that Consultant
recommends Contractor be paid. Such recommendations of payment will be in writing and will
constitute Consultant’s representation to City, based on such observations and review, that, to the best
of Consultant’s knowledge, information and belief, Contractor’s work has progressed to the point
indicated and that such work-in-progress is generally in accordance with the Contract Documents
subject to any qualifications stated in the recommendation.
By recommending any payment, Consultant shall not thereby be deemed to have represented that its
observations to check Contractor's work have been exhaustive, extended to every aspect of
Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities
specifically assigned to Consultant in this Agreement. It will also not impose responsibility on
Consultant to make any examination to ascertain how or for what purposes Contractor has used the
moneys paid on account of the Contract Price, nor to determine that title to any portion of the work in
progress, materials, or equipment has passed to City free and clear of any liens, claims, security
interests, or encumbrances, nor that there may not be other matters at issue between City and
Contractor that might affect the amount that should be paid.
Limitation of Responsibilities: Consultant shall not be responsible for the acts or omissions of any
Contractor, or of any of its subcontractors, suppliers, or of any other individual or entity performing or
furnishing the Work. Consultant shall not have the authority or responsibility to stop the work of any
Contractor. Consultant is not responsible for any duties assigned to the design professional in any
construction contract that are not expressly provided for in this Agreement.
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Task 303 Construction Meetings and Site Visits
Construction Meetings: Consultant will prepare for and attend meetings, conference calls, site visits,
and/or coordination efforts as requested by the City and General Contractor during the construction
phase of the project, to the amount budgeted for in this Agreement. This task includes presentations
and coordination meetings, as well as meetings on and offsite with City staff and critical stakeholders
during the Construction phase. Construction meetings will be scheduled and managed by the general
contractor.
Site Visits: Consultant will visit the site to observe construction of improvements designed by
Consultant. Visits will be periodic, and observations will not be exhaustive or extend to every aspect of
Contractor's work in progress. Consultant shall not, during such visits or as a result of such observations
supervise, direct, control, influence, or have responsibility over Contractor's work. Consultant neither
guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure
to furnish and perform its work in accordance with the Contract Documents or permits. Consultant will
produce Field Reports of observations for distribution to City for project record.
The Consultant will attend meetings and/or field visits during construction as needed, not to exceed
eight (8) construction meetings or field visits by Consultant staff. This task will also include two (2)
punch list visits at the end of construction. Additional site visits and meetings beyond those described
and budgeted for in this task will be considered an additional service. The extent of the effort required
for meetings and site visits in this task is unknown, and fees for this task will be billed hourly.
SUBCONSULTANTS
Consultant is retaining Subconsultant to provide the services described herein solely for the
administrative convenience of the Client. Client acknowledges that Consultant will not be reviewing
the work product of Subconsultant and will not be liable for it in any way. If the Client has any future
claim related to these services, Client will pursue Subconsultant directly and not Consultant.
Task 401 Geotechnical Report
Consultant will obtain a geotechnical report (by subconsultant) that includes foundation design
recommendations for the playground and the immediate surrounding area. This will include up to three
(3) borings on the proposed site of the park.
Task 402 Accessibility Review
Consultant will utilize a subconsultant that is a Registered Accessibility Specialist (RAS) for the
purposes of reviewing the plans, for conformance with published Texas Accessibility Standards (TAS).
Consultant will use Cawyer & Associates Consulting LLP for the TDLR required plan review and project
inspection. Consultant will coordinate with the RAS for project registration with the Texas Department
of Licensing and Regulation (TDLR), and project inspection, upon completion of construction.
Consultant will exercise the professional standard of care to prepare plans to conform to TAS and will
make one (1) round of revisions to the plans based on comments received from the RAS. Inspection
and registration fees for TDLR are included in this fee; however, submittal fees to TDLR are not included
and will be paid by the Client.
It will be the contractor’s responsibility to build the project according to the plans. If contractor cannot
build the project in accordance with the plans, causing non-compliance with TDLR requirements,
contractor shall issue an RFI to consultant for review prior to commencing the work.
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ADDITIONAL SERVICES
Any items requested that are not outlined in the above scope will be considered additional services and
will be provided as requested and authorized by Client. Kimley-Horn can provide the following services,
however; they are not included in the scope of this Agreement:
1. Irrigation Plan
2. Submittal and Permitting fees
3. Preparation of Record Drawings
4. Franchise Utility Coordination
5. 3D Renderings
6. 3D Fly Through Videos
7. Site Wayfinding Signage
8. Drawing revisions requested after Construction Documents are complete
9. Any item not specifically included in the Scope of Services
SCHEDULE
We will provide our services as expeditiously as practicable to meet a mutually agreed upon schedule.
INFORMATION PROVIDED BY THE CLIENT
We shall be entitled to rely on the completeness and accuracy of all information provided by the Client.
The Client shall provide information requested by Kimley-Horn during the project, including but not
limited to the following:
1. Permission to enter the subject property;
2. Executed copy of this Agreement
OUR SCOPE AND FEE ARE BASED ON THE FOLLOWING
1 Fees are to perform each task one time. This Agreement does not include any effort to
address revisions for jurisdictional permitting.
3 Consultant’s services will be performed in general accordance with current published City
design standards.
4 Effort resulting from changes to the site plan or utility design after commencement of
Consultant’s work will be additional services.
5 Private utility information (gas, electric, cable, and telephone) will be shown on the plan for
reference only if provided by the appropriate entities in a timely manner. Design of franchise
utilities is beyond the scope of this agreement.
6 Inspections and Certifications during construction, if required, will be performed by others
and are beyond the scope of this agreement, unless specifically defined in this agreement.
7 Design of signage, including life safety signage, is beyond the scope of this Agreement.
8 Consultant shall be permitted to make such corrections or interpretations as may be
necessary for the fulfillment of the intent of the Contract Documents. The City shall not allow
the contractor to take advantage of any apparent errors, omissions or discrepancies in the
drawings or specifications. In case of any errors, omissions or discrepancies in the drawings
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or specifications, the City shall direct the contractor to promptly submit the matter to the City
before the improvements are built. The City shall promptly make a determination and issue
the necessary instructions to the contractor in writing. Any adjustment by the contractor
without this determination and instructions shall be at the contractor’s own risk and expense.
The Work is to be made complete as intended by the Contract Documents.
9 The property is zoned to allow the intended use. Changes to the zoning and/or requests for
variances or special use permits will not be required.
10 The adjacent water, wastewater, and storm sewer mains are adequate in size to serve the
proposed use and no offsite extensions or improvements will be required. No design or
study of offsite improvements to water, wastewater, roadways, traffic signals, or any other
utility or improvement is known at this time and is therefore excluded.
11 The site development is not anticipated to impact United States Army Corps of Engineers
jurisdictional areas or other Environmentally Sensitive Areas.
12 Traffic control plans, if required, will be prepared by the Contractor or others and is not part
of Consultant’s scope.
13 Detention of the site’s runoff will not be required. No storm water quality design will be
required.
14 A Traffic Impact Analysis will not be required.
FEE TYPES, EXPENSES, BILLING, STANDARD PROVISIONS
Lump Sum (LS) tasks will be invoiced based on the percent completion of the tasks. Hourly (HR) tasks
will be invoiced according to the hourly rate schedule in effect at the time services are provided. Actual
invoiced amounts for Hourly (HR) tasks will be based on the effort expended.
Other Reimbursable Expenses: Direct reimbursable expenses such as FedEx, couriers, print-shop
reproduction, travel, and other direct expenses will be billed at cost plus the markup as shown in the
Task and Fee Summary Table.
All permitting, application, recording, and similar project fees will be paid directly by the City.
Project billing will be monthly, and payment will be due within 25 days.
The Consultant is not a Contingent Partner in this project. As such the Consultant will be paid in full
for all Professional Services rendered.
This agreement is subject to, and only to, the attached Standard Provisions.
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AUTHORIZATION
We appreciate the opportunity to provide these services to you. This agreement must be signed within
60 days without being subject to our revision.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Leah Campbell, PLA Paul McCracken, P.E. (TX)
Project Manager Senior Vice President
Agreed to by:
City of The Colony
Signature
Title
Date
Client email address for invoicing purposes
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KIMLEY-HORN AND ASSOCIATES, INC.
STANDARD PROVISIONS
1) Kimley-Horn's Scope of Services and Additional Services. Kimley-Horn will perform only the services
specifically described in this Agreement. If requested by the Client and agreed to by Kimley-Horn, Kimley-Horn
will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in
writing, the Client shall pay Kimley-Horn for any Additional Services an amount based upon Kimley-Horn’s then-
current hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house
reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be
billed at 1.15 times cost.
2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall:
a. Designate in writing a person to act as its representative, such person having complete authority to transmit
instructions, receive information, and make or interpret the Client's decisions.
b. Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and
all standards of development, design, or construction.
c. Provide Kimley-Horn all available studies, plans, or other documents pertaining to the project, such as surveys,
engineering data, environmental information, etc., all of which Kimley-Horn may rely upon.
d. Arrange for access to the site and other property as required for Kimley-Horn to provide its services.
e. Review all documents or reports presented by Kimley-Horn and communicate decisions pertaining thereto within
a reasonable time so as not to delay Kimley-Horn.
f. Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals
and consents from other parties as may be necessary.
g. Obtain any independent accounting, legal, insurance, cost estimating, and feasibility services required by Client.
h. Give prompt written notice to Kimley-Horn whenever the Client becomes aware of any development that affects
Kimley-Horn's services or any defect or noncompliance in any aspect of the project.
3) Period of Services. Unless otherwise stated herein, Kimley-Horn will begin work after receipt of a properly
executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress
through completion of the services. Times for performance shall be extended as necessary for delays or
suspensions due to circumstances that Kimley-Horn does not control. If such delay or suspension extends for more
than six months, Kimley-Horn’s compensation shall be renegotiated.
4) Method of Payment. Client shall pay Kimley-Horn as follows:
a. Invoices will be submitted periodically for services performed and expenses incurred. Payment of each invoice
will be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held
by Kimley-Horn and applied against the final invoice. Interest will be added to accounts not paid within 25 days at
the maximum rate allowed by law. If the Client fails to make any payment due under this or any other agreement
within 30 days after Kimley-Horn's transmittal of its invoice, Kimley-Horn may, after giving notice to the Client,
suspend services and withhold deliverables until all amounts due are paid.
b. If the Client relies on payment or proceeds from a third party to pay Kimley-Horn and Client does not pay Kimley-
Horn’s invoice within 60 days of receipt, Kimley-Horn may communicate directly with such third party to secure
payment.
c. If the Client objects to an invoice, it must advise Kimley-Horn in writing giving its reasons within 14 days of receipt
of the invoice or the Client’s objections will be waived, and the invoice shall conclusively be deemed due and
owing. If the Client objects to only a portion of the invoice, payment for all other portions remains due.
d. If Kimley-Horn initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its
reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such
expenses shall include the cost, at Kimley-Horn's normal hourly billing rates, of the time devoted to such
proceedings by its employees.
e. The Client agrees that the payment to Kimley-Horn is not subject to any contingency or condition. Kimley-Horn
may negotiate payment of any check tendered by the Client, even if the words “in full satisfaction” or words intended
to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed
debt and without prejudicing any right of Kimley-Horn to collect additional amounts from the Client.
5) Use of Documents. All documents and data prepared by Kimley-Horn are related exclusively to the services
described in this Agreement and may be used only if the Client has satisfied all of its obligations under this
Agreement. They are not intended or represented to be suitable for use or reuse by the Client or others on
extensions of this project or on any other project. Any modifications by the Client to any of Kimley-Horn’s
documents, or any reuse of the documents without written authorization by Kimley-Horn will be at the Client's sole
risk and without liability to Kimley-Horn, and the Client shall indemnify, defend and hold Kimley-Horn harmless
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from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom.
Kimley-Horn’s electronic files and source code remain the property of Kimley-Horn and shall be provided to the
Client only if expressly provided for in this Agreement. Any electronic files not containing an electronic seal are
provided only for the convenience of the Client and use of them is at the Client’s sole risk. In the case of any
defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by
Kimley-Horn, the hardcopy shall govern.
6) Intellectual Property. Kimley-Horn may use or develop its proprietary software, patents, copyrights, trademarks,
trade secrets, and other intellectual property owned by Kimley-Horn or its affiliates (“Intellectual Property”) in the
performance of this Agreement. Unless explicitly agreed to in writing by both parties to the contrary, Kimley-Horn
maintains all interest in and ownership of its Intellectual Property and conveys no interest, ownership, license to
use, or any other rights in the Intellectual Property to Client. Any enhancements of Intellectual Property made
during the performance of this Agreement are solely owned by Kimley-Horn and its affiliates. If Kimley-Horn’s
services include providing Client with access to or a license for Kimley-Horn’s (or its affiliates’) proprietary software
or technology, Client agrees to the terms of the Software License Agreement set forth at https://www.kimley-
horn.com/khts-software-license-agreement (“the License Agreement”) which terms are incorporated herein by
reference.
7) Opinions of Cost. Because Kimley-Horn does not control the cost of labor, materials, equipment or services
furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions
rendered as to costs, including but not limited to the costs of construction and materials, are made solely based
on its judgment as a professional familiar with the industry. Kimley-Horn cannot and does not guarantee that
proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to
the amount of any cost, it shall employ an independent cost estimator. Kimley-Horn's services required to bring
costs within any limitation established by the Client will be paid for as Additional Services.
8) Termination. The obligation to provide further services under this Agreement may be terminated by either party
upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with
the terms hereof, or upon thirty days’ written notice for the convenience of the terminating party. Kimley-Horn shall
be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable
expenses incurred by Kimley-Horn as a result of such termination.
9) Standard of Care. The standard of care applicable to Kimley-Horn’s services will be the degree of care and skill
ordinarily exercised by consultants performing the same or similar services in the same locality at the time the
services are provided. No warranty, express or implied, is made or intended by Kimley-Horn's performance of
services, and it is agreed that Kimley-Horn is not a fiduciary with respect to the Client.
10) LIMITATION OF LIABILITY. IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE PROJECT
TO THE CLIENT AND KIMLEY-HORN, THE RISKS ARE ALLOCATED SUCH THAT, TO THE FULLEST EXTENT
ALLOWED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT OR THE
EXISTENCE OF APPLICABLE INSURANCE COVERAGE, THAT THE TOTAL LIABILITY, IN THE AGGREGATE,
OF KIMLEY-HORN AND KIMLEY-HORN'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND
SUBCONSULTANTS TO THE CLIENT OR TO ANYONE CLAIMING BY, THROUGH OR UNDER THE CLIENT,
FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY
WAY RELATED TO THE SERVICES UNDER THIS AGREEMENT FROM ANY CAUSES, INCLUDING BUT NOT
LIMITED TO, THE NEGLIGENCE, PROFESSIONAL ERRORS OR OMISSIONS, STRICT LIABILITY OR
BREACH OF CONTRACT OR ANY WARRANTY, EXPRESS OR IMPLIED, OF KIMLEY-HORN OR KIMLEY-
HORN'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS, SHALL NOT EXCEED
TWICE THE TOTAL COMPENSATION RECEIVED BY KIMLEY-HORN UNDER THIS AGREEMENT OR $50,000,
WHICHEVER IS GREATER. HIGHER LIMITS OF LIABILITY MAY BE NEGOTIATED FOR ADDITIONAL FEE.
THIS SECTION IS INTENDED SOLELY TO LIMIT THE REMEDIES AVAILABLE TO THE CLIENT OR THOSE
CLAIMING BY OR THROUGH THE CLIENT, AND NOTHING IN THIS SECTION SHALL REQUIRE THE CLIENT
TO INDEMNIFY KIMLEY-HORN.
11) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any
consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits.
12) Construction Costs. Under no circumstances shall Kimley-Horn be liable for extra costs or other consequences
due to unknown conditions or related to the failure of contractors to perform work in accordance with the plans and
specifications. Kimley-Horn shall have no liability whatsoever for any costs arising out of the Client’s decision to
obtain bids or proceed with construction before Kimley-Horn has issued final, fully approved plans and
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specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans
are fully approved and all permits obtained.
13) Certifications. All requests for Kimley-Horn to execute certificates, lender consents, or other third-party reliance
letters must be submitted to Kimley-Horn at least 14 days prior to the requested date of execution. Kimley-Horn
shall not be required to execute certificates, consents, or third-party reliance letters that are inaccurate, that relate
to facts of which Kimley-Horn does not have actual knowledge, or that would cause Kimley-Horn to violate
applicable rules of professional responsibility.
14) Dispute Resolution. All claims arising out of this Agreement or its breach shall be submitted first to mediation in
accordance with the American Arbitration Association as a condition precedent to litigation. Any mediation or civil
action by Client must be commenced within one year of the accrual of the cause of action asserted but in no event
later than allowed by applicable statutes.
15) Hazardous Substances and Conditions. Kimley-Horn shall not be a custodian, transporter, handler, arranger,
contractor, or remediator with respect to hazardous substances and conditions. Kimley-Horn's services will be
limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for
isolation, removal, or remediation. Kimley-Horn will notify the Client of unanticipated hazardous substances or
conditions of which Kimley-Horn actually becomes aware. Kimley-Horn may stop affected portions of its services
until the hazardous substance or condition is eliminated.
16) Construction Phase Services.
a. If Kimley-Horn prepares construction documents and Kimley-Horn is not retained to make periodic site visits, the
Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client
waives any claims against Kimley-Horn in any way connected thereto.
b. Kimley-Horn shall have no responsibility for any contractor's means, methods, techniques, equipment choice and
usage, equipment maintenance and inspection, sequence, schedule, safety programs, or safety practices, nor
shall Kimley-Horn have any authority or responsibility to stop or direct the work of any contractor. Kimley-Horn's
visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed
work of its contractors will generally conform to the construction documents prepared by Kimley-Horn. Kimley-
Horn neither guarantees the performance of contractors, nor assumes responsibility for any contractor’s failure to
perform its work in accordance with the contract documents.
c. Kimley-Horn is not responsible for any duties assigned to it in the construction contract that are not expressly
provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the
contractor shall be solely responsible for job site safety and its means and methods; that the contractor shall
indemnify the Client and Kimley-Horn for all claims and liability arising out of job site accidents; and that the Client
and Kimley-Horn shall be made additional insureds under the contractor’s general liability insurance policy.
17) No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to
anyone other than the Client and Kimley-Horn, and all duties and responsibilities undertaken pursuant to this
Agreement will be for the sole benefit of the Client and Kimley-Horn. The Client shall not assign or transfer any
rights under or interest in this Agreement, or any claim arising out of the performance of services by Kimley-Horn,
without the written consent of Kimley-Horn. Kimley-Horn reserves the right to augment its staff with subconsultants
as it deems appropriate due to project logistics, schedules, or market conditions. If Kimley-Horn exercises this
right, Kimley-Horn will maintain the agreed-upon billing rates for services identified in the contract, regardless of
whether the services are provided by in-house employees, contract employees, or independent subconsultants.
18) Confidentiality. The Client consents to the use and dissemination by Kimley-Horn of photographs of the project
and to the use by Kimley-Horn of facts, data and information obtained by Kimley-Horn in the performance of its
services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential,
Kimley-Horn shall use reasonable care to maintain the confidentiality of that material.
19) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Texas. This Agreement
contains the entire and fully integrated agreement between the parties and supersedes all prior and
contemporaneous negotiations, representations, agreements, or understandings, whether written or oral. Except
as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed
by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and
are hereby expressly rejected by Kimley-Horn. If Client requires Kimley-Horn to register with or use an online
vendor portal for payment or any other purpose, any terms included in the registration or use of the online vendor
portal that are inconsistent or in addition to these terms shall be void and shall have no effect on Kimley-Horn or
this Agreement. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such
unenforceability without invalidating the remaining provisions. The non-enforcement of any provision by either party
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shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder
of this Agreement.
86
87
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND
ASSOCIATES, INC. TO PREPARE CONSTRUCTION PLANS AND
SPECIFICATIONS FOR THE ADDITION OF A VENTILATED
STRUCTURE TO RELOCATE THE EXISTING CHEMICAL STORAGE
AND MECHANICAL EQUIPMENT AT THE COLONY AQUATIC PARK
TO BE FUNDED BY COMMUNITY DEVELOPMENT CORPORATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best interest of the citizens
to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc. to prepare
construction plans and specifications for the addition of a ventilated structure to relocate the
existing chemical storage and mechanical equipment at The Colony Aquatic Park; and
WHEREAS,the City of The Colony agrees to pay in the amount of $103,500.00 with
funding from the Community Development Corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, THAT:
Section 1.The City Council of the City of The Colony authorizes the execution of a
Professional Services Agreement with Kimley-Horn and Associates, Inc.
Section 2.The City Manager is hereby authorized to execute the agreement for said
project.
Section 3.This resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 21ST DAY OF NOVEMBER 2023.
______________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
88
APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
89
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 21, 2023
Submitted by: Marlisa Jemison
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a contract with NGU Sports Lighting,
LLC for the purchase and installation of LED lights in the amount of $485,000.00 at Turner Soccer Complex to
be funded by the Community Development Corporation through the TIPS purchasing cooperative. (Lehmann)
Suggested Action:
Staff recommends approval of this item.
Attachments:
Ngu_Sports_Lighting_Memo_-_Council.doc
Offer of Business #_ 1416 Turner Soccer Complex.pdf
Res. 2023-xxx NGU Sports Lighting LLC contract.doc
90
1
Parks and Recreation
Memo
To:Mayor & Council
From:Calvin Lehmann, Parks Development Manager
CC:Troy Powell, City Manager
Jackie Kopsa, Community Services Director
Date:11/14/2023
Re:NGU Sports Lighting Contract for Turner Soccer Complex Light Replacement
The Parks & Recreation Department would like to execute a contract with NGU Sports Lighting, LLC for
the installation of LED lighting at Turner Soccer Complex.
NGU Sports Lighting will reutilize 12 existing light poles already at the complex to install 96 LED light
fixtures. There will be 6 light fixtures on the 8 outside light poles and 12 fixtures, facing fields on either
side, on the 4 inside light poles. Currently, only one set of lights on the inside light poles has hoods to
help block some of the spill light facing the housing on the west side of the complex. The newly
installed fixtures will have hoods on all of the inside poles facing west.
NGU Sports Lighting will provide removal of the existing light fixtures and replace them with Lumasport
8-640 watt LED fixtures. The LED light fixtures come with a 10-year warranty. The controls for the lights
will be through an AirMesh hub, allowing staff wireless capability to adjust the lights as well as being
able to adjust them on site. These are the same model of light fixtures that were installed at Pawsome
Dog Park and they will have the same light controls. The total for installation will be $485,000 through
the TIPS purchasing cooperative.
These new LED light fixtures will provide a more reliable source of lighting at our most used practice
facility by replacing fixtures that are becoming obsolete. We will be reducing the number of fixtures
currently at the park, but increasing our lighting coverage and clarity for our patrons. The lead time for
the light fixtures and AirMesh hub is approximately 3 weeks, and the planned install would be in
January 2024.
91
Prepared for:Date issued:
WE ARE PASSIONATE ABOUT TAKING YOUR VENUE
AND FAN EXPERIENCE TO THE NEXT LEVEL
YOUR SUCCESS IS OUR GOAL
NGU Sports Lighting, LLC
2401 PGA Blvd., Suite 110
Palm Beach Gardens, FL 33410
www.ngusportslighting.com
1-855-NGU-LEDS
Offer of Business
Turner Soccer Complex
Offer of Business #: 1416
OOB Expires:
City of The Colony
TIPS # 200201
2023-10-04 2023-12-03
92
Thank You
Following up on your inquiry for the Turner Soccer Complex. We are pleased to
provide you with an Offer of Business for the project located at 5900 Turner St, The
Colony, TX 75056.
Thank you for the opportunity to evaluate, design, and implement your LED sports
lighting project. NGU Sports Lighting, LLC will lead your conversion project, with a
proven, experienced team. The NGU team includes a combined experience of over
100 years in the sports lighting industry and complex construction/sports lighting
project management.
NGU Sports Lighting’s CEO, Mike Lorenz, was the founder of Ephesus Sports Lighting
in 2012; bringing the very first solid-state LED lighting & color lighting systems to sports
venues. We are proud to offer you the absolute best technology available in sports
lighting today.
NGU Sports Lighting has been selected by Signify (Previously Philips), the parent
company of Cooper/Ephesus sports lighting’s product line, as the exclusive value-
added partner (VAP). We provide the very best service to execute turnkey solutions in
North America. We have a dynamic team that is passionate about your customer
experience with project execution.
We look forward to providing you with the most cost-efficient solution with a highly
skilled team to scope, design and execute your project, yielding the best customer
experience.
Zach Howard
(214) 364-4401
zach@ngusportslighting.com
93
____________________________________________________________________________Offer of Business
CONTENT
Project Overview
Solution Benefits
Customer Responsibilities
Solution Investment
Supporting Material
94
STEP BY STEP
From start to finish, we take your ideas
and turn them into reality....
Project Name: Turner Soccer Complex
PROJECT SCOPE SUMMARY
We are pleased to provide you with an Offer of Business for your soccer complex. The light levels will
be in accordance with lighting design LD23624B, meeting an average of 30 foot-candles.
NGU will provide all necessary labor and materials for the installation of the Ephesus solid-state LED
sports lighting system. This system can be controlled manually at the field or with our wireless
communication system, which includes remote programming for up to eight dynamic lighting scenes
and user training.
The new lighting system will include the following materials and services:
• Ephesus Solid-State LED Sports Lighting Fixtures
• New crossarms
• Airmesh control system with 10 years of Simply Snap Remote Cloud Access
• Lighting design
• Demolition of existing fixtures and crossarms
• Installation of the new LED fixtures, crossarms and control system with possible ground covering
(if needed)
• Fixture aiming, control commissioning and user training
• 10-year material manufacturer warranty (labor warranty available upon request)
Your project experience is our top priority.
Your conversion project will be executed in 4 steps. A proof
positive process to give you the very best experience.
OUR APPROACH – SIMPLE 4 STEP PROCESS
1. Evaluate
• Lighting consultation
• Understand customer goals
• Design created
• PM Assigned
2.Design & Plan
• Project acceptance / PO
• Project schedule determined
3.Implement & Test
• Remove existing system
• If applicable, install prewired crossarms
• Install new system (plug and play)
• Program controls & aim fixtures
4.Verify & Close
• System training
• Close project
95
• Customer planning kick off call
• Material delivery
96
Calculation Summary
Label CalcType Units Avg Max Min Avg/Min Max/Min CV UG
FIELD 1 Illuminance Fc 32.47 44 25 1.30 1.76 0.17 1.69
FIELD 2 Illuminance Fc 32.00 42 24 1.33 1.75 0.16 1.56
FIELD 3 Illuminance Fc 30.65 42 24 1.28 1.75 0.14 1.62
FIELD 4 Illuminance Fc 30.23 42 24 1.26 1.75 0.14 1.58
Luminaire Schedule
Symbol Qty Label Lum. Lumens LLF Description Lum. Watts Total Watts
12 4S-CV1 85701 0.950 EPH-08-680R-57-70-4S-CV1-S 697.5 8370
12 5S-CV1 79872 0.950 EPH-08-680R-57-70-5S-CV1-S 697.5 8370
36 4S-HEG-S 104881 0.950 EPH-08-640L-57-70-4S-HEG-S 658 23688
36 5S-HEG-S 105100 0.950 EPH-08-640L-57-70-5S-HEG-S 658 23688
27 27 35 42 28 27 40 35 28 34
34 41 43 39 32 32 40 41 42 38
26 32 31 27 27 28 28 31 33 29
26 33 30 25 27 27 26 30 32 28
32 44 38 35 31 31 36 39 41 35
26 26 31 38 26 26 40 33 28 31
34 27 35 40 27 28 42 33 26 29
38 42 41 40 32 32 38 39 40 33
29 33 31 28 28 27 25 29 31 24
28 32 30 26 27 26 24 29 31 24
35 41 38 36 31 30 34 38 40 32
31 28 33 40 26 26 38 31 26 28
27 26 30 37 24 24 38 32 29 30
33 42 37 34 29 29 34 37 40 33
25 32 29 24 26 26 25 29 31 26
26 33 29 25 27 28 28 30 33 28
32 35 34 36 32 33 38 33 35 36
27 26 29 34 26 26 34 29 27 32
31 28 32 38 24 24 36 30 27 26
34 40 36 33 29 29 34 38 42 32
27 31 29 24 26 26 24 29 31 25
28 32 30 27 28 27 24 30 32 25
34 33 33 37 31 31 35 34 34 32
30 24 29 32 25 26 34 27 27 28
FIELD 1 FIELD 2
FIELD 3 FIELD 4
P1 - 6 @ 60'P2 - 6 @ 60'P3 - 6 @ 60'P4 - 6 @ 60'
P8 - 6/6 @ 60'P6 - 6/6 @ 60'P5 - 6/6 @ 60'
P9 - 6 @ 60'P10 - 6 @ 60'P11 - 6 @ 60'P12 - 6 @ 60'
P7 - 6/6 @ 60'
THIS IS NOT A CONSTRUCTION DOCUMENT
ANY VARIATION FROM DESIGN TO INSTALLATION MAY AFFECT THE EXPECTED RESULTS.
LUMINAIRES REPRESENTED HERE. IT WAS BASED UPON INFORMATION PROVIDED TO NGU SPORTS LIGHTING, LLC AND
THE INTENT OF THIS LIGHTING LAYOUT IS TO SUGGEST THE BEST UTILIZATION AND THE PERFORMANCE OF EPHESUS
NOT TO BE COMMUNICATED, DISCLOSED, OR COPIED EXCEPT AS EXPRESSLY AUTHORIZED BY NGU.
AGREEMENT THAT THE DRAWING WILL BE TREATED AS CONFIDENTIAL. IT IS TO BE RETURNED UPON REQUEST AND IS
NOTICE: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF NGU SPORTS LIGHTING LLC. ITS ACCEPTANCE CONSTITUTES
TURNER SOCCER COMPLEX
4 FIELDS 300' X 180'
30 FOOTCANDLES AVERAGE MAINTAINED
EXISTING 60' POLES, VISORS FACING HOUSES
LD23624B
DESIGNED BY DATE SCALE
H. JOHNSON 10/4/2023 1" = 80'
DRAWING NUMBER
Passion and Commitment exclusively for Ephesus LED Sports Lighting
2401 PGA Blvd, Suite 110
Palm Beach Gardens, FL 33410
www.NGUsportslighting.com
Phone: 1-855-NGU-LEDS
97
SYSTEM BENEFITS
There are 3 clear advantages of the Ephesus solid-state LED sports lighting
solution over other options.
1.Operational Efficiency - The Ephesus Sports Lighting System is on average 50%
more energy efficient than a non-solid-state lighting system. Making the Ephesus
solution the most efficient sports system in the marketplace.
BENEFIT = LOWER OPERATIONAL COSTS
2.System Reliability – Designed and manufactured to the highest reliability
standards in the marketplace – the Ephesus fixture includes a dual driver
system. Simply put – if one driver fails, the fixture will maintain illuminated. The
system also uses chip on board innovation which has a much higher
performance reliability than the soldered LED chip method used by other
manufacturers.
BENEFIT = HIGHER PERFORMANCE AND RELIABILITY
3.Enhanced System Control – The new system provides individual fixture control
with full 0% - 100% dimming capability. The system can be controlled wirelessly
from any handheld device, PC or LAN connected device. It's simple to use and
provides the owner with the most user flexible system on the market.
BENEFIT = SUPERIOR OPERATIONAL FLEXIBILITY
98
CUSTOMER RESPONSIBILITIES -
OUTDOOR CONVERSION
• Although we have conducted an EPA comparison, the existing structures
and electrical wiring are the responsibility of the customer
• Any structural engineering analysis is a responsibility of the customer -
services available upon request
• All access related road closures must be coordinated and procured by the
customer
• Provide confirmation of voltage
• Electrical power must meet IEEE standards for sensitive electronic and
NEC requirements
• Live Power is required at the time of installation
• Provide site access during the installation
• Surface protection is available at an additional cost
99
SOLUTION INVESTMENT
PROJECT NAME: Turner Soccer Complex
Total:$485,000.00
Does not include sale tax if any
NGU Terms and Conditions
1. Payment: 50% due when order is placed; 35% due when material is shipped; 15% due when
fixtures & controls are installed. Due to multi-party scheduling - system commissioning &
controls training will fall outside of the installation timeline.
2. All other standard terms and conditions apply - please see website for details.
3. Prices are valid for 30 days, unless stated otherwise.
ACCEPTANCE SIGNATURE: ______________________________
100
Project Catalog #Type
Prepared by Notes Date
TD528018EN page 1
February 15, 2021 9:27 PM
Top Product Features
• 55,000 or 90,000 lumen output options
• Glare and cutoff control via Hybrid Reflector and TIR
Optical System
• Reduce install time with pre-aimable two-piece assembly
• Virtually eliminate maintenance with power redundancy
• Industry leading light source reliability with Chip-on-
Board LEDs
• Greater than 92% lumen maintenance at 55,000 hours
• Wireless AirMesh, Wired DMX or sACN controls options
to suit your needs
Interactive Menu
• Dimensional Details page 1
• Ordering Information page 2
• Dimensional and Mounting Details page 3
• Visor (VHE) Configuration page 4
• Performance Data page 5
• Optical Performance Data page 6
• Ordering Information for Accessories page 8
• Accessory Dimensions and Part Details page 9
• Example System Topology page 12
Typical Applications
Pro Arenas • University & Collegiate Arenas • University & Collegiate
Stadiums • Multi-Event & Convention Centers • Gymnasiums & Field Houses
Ephesus
LUMA SPORT 8
White LED Sports & Entertainment Luminaire
Dimensional Details
Installation Instructions
LIGHT HEAD
TOP
HEAD ON
PROFILE
BOTTOM
12.27
[311.658mm]
18.89
[479.806mm]
7.70
[195.58mm]
12.27
[311.658mm]
18.89
[479.806mm]
7.70
[195.58mm]
12.27
[311.658mm]
18.89
[479.806mm]
7.70
[195.58mm]
12.27
[311.658mm]
18.89
[479.806mm]
7.70
[195.58mm]
TOP
FRONT
PROFILE
16.7
424.18mm
13.7
347.98mm
7.6
193.04mm
110°LID CLEARANCE
16.7
424.18mm
13.7
347.98mm
7.6
193.04mm
110°LID CLEARANCE
16.7
424.18mm
13.7
347.98mm
7.6
193.04mm
110°LID CLEARANCE
DRIVER BOX
16.7in
[424.18mm]
13.7in
[347.98mm]
7.6in
[193.04mm]
18.89in
[479.806mm]
12.27in
[311.658mm]
7.70in
[195.58mm]
Product Certification
101
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - ___________
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH NGU SPORTS LIGHTING, LLC FOR THE
PURCHASE AND INSTALLATION OF LED LIGHTS AT TURNER
SOCCER COMPLEX TO BE FUNDED BY THE COMMUNITY
DEVELOPMENT CORPORATION THROUGH THE TIPS
PURCHASING COOPERATIVE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council has determined that it is in the best interest of the
citizens to execute a contract with NGU Sports Lighting, LLC for the purchase and
installation of LED lights at Turner Soccer Complex in the amount of $485,000.00; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1.That the City Council of the City of The Colony, Texas hereby
approves the purchase and installation of LED lights in the amount of $485,000.00 at
Turner Soccer Complex.
Section 2.That the purchase shall be funded by the Community Development
Corporation through the TIPS purchasing cooperative.
Section 3.That the City Manager and/or his designee, are authorized to issue
appropriate purchase order(s).
Section 4.That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, THIS THE 21st DAY OF NOVEMBER 2023.
______________________________
Richard Boyer, Mayor
ATTEST:City of The Colony, Texas
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
102
APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
103
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 21, 2023
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the
Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and
commercial or financial information the city has received from a business prospect(s), and to deliberate the
offer of a financial or other incentive to a business prospect(s).
B. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas
Government Code to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of the City Manager.
C. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas
Government Code to receive legal advice on the Open Meetings Act rules and requirements.
Suggested Action:
Attachments:
104
Agenda Item No:8.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 21, 2023
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and
commercial or financial information the city has received from a business prospect(s), and the offer of a
financial or other incentive to a business prospect(s).
B. Any action as a result of executive session regarding the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the City Manager.
C. Any action as a result of executive session regarding legal advice on the Open Meetings Act rules and
requirements.
Suggested Action:
Attachments:
105