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HomeMy WebLinkAboutCity Packets - City Council - 01/16/2024 - RegularAgenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: January 16, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 4 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: January 16, 2024 Submitted by: Megan Charters Submitting Department: Library Item Type: Announcement Agenda Section: Subject: Receive presentation from the Library regarding upcoming events and activities. (Charters) Suggested Action: Attachments: 5 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: January 16, 2024 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and provide direction to Staff regarding sale and service of alcohol at Fivestar Park by The Athletic Club. (Shallenburger) Suggested Action: Attachments: 6 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: January 16, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Council to provide direction to staff regarding future agenda items. (Council) Suggested Action: Attachments: 7 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: January 16, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes from January 2, 2024. (Stewart) Suggested Action: Attachments: January 2, 2024 DRAFT Minutes.docx 8 1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action will be taken and no direction will be given regarding these items. MINUTES OF THE CITY COUNCIL REGULAR SESSION HELD ON JANUARY 2, 2024 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 2 nd day of January 2024, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer, Mayor Judy Ensweiler, Deputy Mayor Pro Tem Robyn Holtz, Councilmember Brian Wade, Councilmember Dan Rainey, Councilmember Perry Schrag, Mayor Pro Tem Joel Marks, Councilmember Present Present Present Present Present Present Present And with 7 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 Assistant Pastor Howard Patton with Fountain of Hope Church delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.4 Salute to the Texas Flag Salute to the Texas Flag was recited. 1.5 Items of Community Interest 1.5.1 Receive presentation from Parks and Recreation regarding upcoming events and activities. Special Events Supervisor, Lindsey Stansell, provided upcoming events and activities to the Council. 2.0 CITIZEN INPUT Gina Harrison, 7108 Longo Drive, solicited continued support of the NTX Community Food Pantry. 9 City Council – Regular Meeting Agenda January 2, 2024 Page| 2 City Manager, Troy Powell, thanked the Library for the New Year’s Eve kits as well as Parks and Recreation for the amazing Christmas Light show. 3.0 WORK SESSION 3.1 Council to provide direction to staff regarding future agenda items. Councilmember Holtz requested to discuss the sale and service of alcohol at Fivestar Park by The Athletic Club at the next meeting. 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda with the exception of Agenda Item Nos 4.1, 4.5 and 4.6 - Schrag; second by Marks, motion carried with all ayes. ***Item No. 4.1 was pulled from the consent agenda for separate discussion.*** 4.1 Consider approving City Council Regular meeting minutes from December 5, 2023. Motion to approve- Holtz; second by Ensweiler, motion carried with all ayes. 4.2 Consider approving an ordinance budget amendment to supplement the approved FY 23-24 General Fund in the amount of $5,000 for the 2024 Total Solar Eclipse special event. ORDINANCE NO. 2024-2544 4.3 Consider approving a resolution authorizing the City Manager to execute the submission of a grant application to the State of Texas, acting by and through the Texas Department of Transportation for the 2025 Selective Traffic Enforcement Program (STEP). RESOLUTION NO. 2024-001 4.4 Consider approving a resolution authorizing the City Manager to execute a Memorandum of Understanding between the City of Denton, Texas and the City of The Colony, Texas for the U.S. Department of Justice Edward Byrne Justice Assistance Grant (JAG) Program. RESOLUTION NO. 2024-002 ***Item No. 4.5 was pulled from the consent agenda for separate discussion.*** 4.5 Consider approving a resolution authorizing the City Manager to issue a purchase order to H & H Concrete OnDemand in the amount of $450,000.00 for the purchase 10 City Council – Regular Meeting Agenda January 2, 2024 Page| 3 of concrete, flow-fill, and site-mix for sidewalk, alley, street, curb and gutter repairs. Motion to approve- Marks; second by Ensweiler, motion carried with all ayes. RESOLUTION NO. 2024-003 ***Item No. 4.6 was pulled from the consent agenda for separate discussion.*** 4.6 Consider approving a resolution authorizing the City Manager to issue a purchase order to the Camelot landfill in the amount of $250,000.00 for the disposal of solid waste from the Wastewater Treatment Plant. Motion to approve- Ensweiler; second by Marks, motion carried with all ayes. RESOLUTION NO. 2024-004 4.7 Consider approving a resolution authorizing the City Manager to execute a construction contract with CGC General Contractors, Inc. in the amount of $197,970.59 for the construction of Bill Allen Memorial Park Playground. RESOLUTION NO. 2024-005 4.8 Consider approving a resolution authorizing the City Manager to execute a renewal contract for services with Tod-Co Consultative Services to provide assistance in the development of a Hotel/Convention Center. RESOLUTION NO. 2024-006 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider approving an ordinance amending Chapter 8, Article III, of The Colony Code of Ordinances, titled by “Hotel Occupancy Tax and Short-Term Rentals” by providing regulations for Short-Term Rentals. Deputy City Manager, Joe Perez, gave an overview of the proposed ordinance amendment. Council provided discussion on this item. Motion to approve with the amendment of Section 8-86, subsection C.7, changing the minimum stay required from three (3) nights to two (2) nights –Ensweiler; second by Rainey, motion carried with all ayes with the exception of Wade and Schrag voting no. ORDINANCE NO. 2024-2545 11 City Council – Regular Meeting Agenda January 2, 2024 Page| 4 5.2 Discuss and consider approving a resolution reappointing Jeremie Maurina as the City's representative and Blaine Crimmins as an alternate on the Denton County Transportation Authority Board. Motion to approve –Ensweiler; second by Holtz, motion carried with all ayes. RESOLUTION NO. 2024-007 Executive Session was convened at 7:12 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). 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 Secretary. Regular Session was reconvened at 7:47 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). No Action B. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Motion to amend the City Secretary’s contract terms 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 7:48 p.m. 12 City Council – Regular Meeting Agenda January 2, 2024 Page| 5 APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____________________________________ Tina Stewart, TRMC, CMC, City Secretary 13 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: January 16, 2024 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Expenditures Agenda Section: Subject: Consider approving Council expenditures for November 2023. (Council) Suggested Action: Attachments: Council November Expenditures.pdf 14 15 16 17 18 19 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: January 16, 2024 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the Mayor to execute a Partial Release of Easement document to authorize the release and discharge of a portion of a Drainage Easement recorded in Document No. 2017-121580 in the Real Property Records of Denton County. ( Hartline) Suggested Action: Background: Tomfrim Tribute, L.P., the owner of the subject property has requested that The City of The Colony release a portion of the existing Drainage Easement recorded in Document No. 2017-121580 in the Real Property Records of Denton County, Texas. A new closed conduit drainage system has been installed by the developer and the portion of the easement released by this resolution is being replaced by two new separate Instrument Drainage Easements that are needed for the new drainage system. Once the Partial Release of Easement document is signed and filed with Denton County, the portion of the released easement will no longer have any force or affect on the property for the area identified. A copy of the Partial Release of Easement document and the two replacement easements are attached for review. City staff has reviewed these documents and recommend approval of the Partial Release of Easement requested. Attachments: Drainage Easement Tribute Lakeside Resort Drainage Easement Tomfrim Tribute Partial Release of Easement Res 2024-xxx Partial Release of Drainage Easement.docx 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A PARTIAL RELEASE OF EASEMENT DOCUMENT NO. 2017-121580 IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, that certain drainage easement, dated October 2, 2017, recorded at Document No. 2017-121580 in the Real Property Records of Denton County, Texas, ("Easement"), having been executed in favor of Tribute Partners, L.P. now doing business as Tomfrim Tribute, L.P., and each being affected by that certain Agreement Defining Area Embraced Within Easements of Tribute Partners, L.P., dated October 2, 2017, recorded at Document No. 2017-121580 in the Real Property Records of Denton County, Texas, burden the real property described on Exhibit A attached hereto and incorporated by this reference (the "Property"); and WHEREAS,the owner of the Property has requested that the City of The Colony, Texas, release the Property from the Easement; and WHEREAS,the City of The Colony, Texas, is agreeable to releasing the Easement insofar as it affects the Property, and to that extent only. NOW THEREFORE, City of The Colony, Texas, (the "Grantor") for and in consideration of the mutual advantages to accrue to it and to the owner of the Property and to future owners of the Property, agrees that with respect to the Property, the Easement, and rights of way contained therein, are hereby abandoned, released and discharged insofar as they affect the Property, and are of no further force and effect. This release applies only to the Property, and the Easement and all other easements and rights of Tribute Partners, L.P. remain in full force and effect and are in no manner waived or impaired as to areas that are not within the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this resolution as if fully set forth herein. SECTION 2.That the City Council of the City of The Colony, Texas, does hereby approve the Release of Easement, a copy of which is attached hereto as Exhibit A of this resolution, and authorizes the Mayor to execute the same. SECTION 3.That this resolution shall take effect immediately from and after its adoption and it is so resolved. 35 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 16th DAY OF JANUARY, 2024. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 36 Exhibit A Release of Easement 37 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: January 16, 2024 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute an Engineering Services Contract Amendment No. 1 in the amount of $ 65,300.00 with HDR Engineering, Inc. for a Sanitary Sewer Pipe Crossing Replacement on a USACE property near Reagan Place. (Hartline) Suggested Action: Background: City Council approved funding for the Sanitary Sewer Pipe Crossing Replacement on a USACE property near Reagan Place in the 2023-2024 budget. Approximately 450 feet of 24-inch cast iron sanitary sewer pipe near Reagan Place is currently exposed in the creek located on the United States Army Corps of Engineers (USACE) property and needs to be replaced. This cast iron pipe will be replaced during the project and an aerial crossing will be installed across and over the creek to protect the pipeline from potential washouts. The original engineering services design contract with HDR Engineering, Inc. included data collection, environmental studies, geotechnical investigations, topographic mapping, subsurface utility engineering, field services, preparing construction plans and specifications and coordination with USACE. The bidding assistance and construction management services for the project was not included in the original design services contract because staff was not sure of the exact USACE requirements that would need to be included in the design drawings and in the specifications. Now that USACE has approved the plans, the bidding assistance and construction management services have been defined and need to be added to HDR’s contract. The bidding assistance and construction management services will include reviewing all the construction bids received, making a bid recommendation, reviewing contractor submittals and requests for information, reviewing of monthly invoices, attending progress meetings, field inspections at critical junctures and performing the construction close-out. The total cost of the Contract Amendment No. 1 is $ 65,300.00 and City Staff recommends approval. The construction services for this project is currently out for bid and the received bids will be opened on January 17, 2024. The project is anticipated to start construction in March 2024 with an estimated completion in January 2025. Attachments: Contract Amendment No. 1 Location Map 38 Financial Summary Res. 2024-xxx HDR Engineering Professional Services Agreement.doc 39 40 41 42 43 44 45 46 47 Main Paige M e m o rial S H 1 2 1 Nash Blair Oaks Nor th Co lon y Fryer Baker Plano Ragan S o u t h C olo n y Fox Keys Norris A zte c Slay S t r i c k l a n d Reed Rice Roberts Arbor Glen Et hr i dg e Worley Gates Elm T a y l o r S a m R a y b u r n T o ll w a y N e w t o nMalone Tu r nerTrego Cur ry Big River Larner Glenview Joy Nervin Crawfor d Alpha PruittHale Perrin A v e r y Pemberton Adam s C a l d w e l l Wilcox Gibson Longo Kno x Carr Jenkins Standridge D r i s c o l l Ireland Augusta John Yates Pearce Knight I o l a AshlockEl l i ot Wa g n e r La k e s id e Sherman Clar y Phelps Squires Clover Valley Marlar Stanley Northpointe Brandenburg H e t h e r i n g t o n Chapman Russell Powers Bedford Stewart Shannon Walker Wheeler Sagers B a rtlett Lake Highlands Rutledge S H 1 2 1 O n R a m p Buckskin Ramsey Miller King M o r n i n g S t a r A l l e n Young Legend A li s t e r Woodruff L a k e s h o r e Yager Poole Runyon Apache Carroll Concord Pettit T y l e r Je n ni n g s Durango D ur bi n Griffin Cougar Alley W estw ay M a p l e B a l l a r d Overland Rock Canyon Ga l l o w a y Rockwood Creek H ollo w Green Hollow Bargain Red Oak Highridge Darby Thompson Grandscape Queen Wexley Ward Younger Rolling Hill Archer KisorTerrace Waters Edge Matson Alta Oaks Phoenix Mar sh Teal Cove M a y e s S p a r k s A m h u r st Sutton T w i t t y Freeman Day Spring Anderson Oxford Hendrix Hawse Pa int e r Chatham LibertyCheyenne Mountain Valley R i d g e c r e s t R i d g e p o i n t e Tittle Cook W i l s h i r e Watson Fisher Kean G a r v i n Westwood Acacia Sarasota Wamp ler Foxfire BAY DE VIEUX Blue GlenAsh Glen U s h e r Lake Ridge Fall River H i g h C l i f f Foster Evans Wi n d w a r d N e w p o r t Meadow H a m i l t o n O v e rlo o k InmanShoal C r e e k Pin e bro o k M i d d l e t o n Merrell Heron Cove H a c k n e y Go o dm an Su ns e t B a r s t o w Ohare Woodlands Pear Ridge M e l r o y Nia g ara Marks Crutchberry Willowbend Santa Fe Atterbury JamesIndianola Keller B l a y n e s H a nn a St And r ews Latimer R u s t i c R i d g e Chowning Juniper Main Plano Paige M e m o r i a l S H 1 2 1 O n R a m p S H 1 2 1 µLocation MapSanitary Sewer Pipe Creek Crossing near Ragan Place.. Sanitary Sewer Pipe Creek Crossingnear Ragan Place Existing City Park 48 FINANCIAL SUMMARY: Are budgeted funds available: Yes Amount budgeted/available (FY 2023-24): $ 200,000.00 (Sanitary Sewer Pipe Creek Crossing near Reagan Place) Fund(s) (Name and number): Sanitary Sewer Pipe Creek Crossing near Reagan Place Fund 211-669-6210 Project Number 2482 Source of Funds: 2023-2024 General Fund Special Capital Projects Cost of recommended Contract Amendment No. 1 award: $ 65,300.00 Total estimated project cost: $ 186,900.00 Engineering Original Contract Already authorized Yes No (FY 2022-23 Budget) $ 65,300.00 Engineering Contract Amendment #1 Already authorized Yes  No $ 252,200.00 Total Estimated Engineering Costs 49 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGINEERING SERVICES CONTRACT AMENDMENT NO. 1 WITH HDR ENGINEERING, INC. FOR A SANITARY SEWER PIPE CROSSING REPLACEMENT ON A USACE PROPERTY NEAR REAGAN PLACE; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the City Council of the City of The Colony, Texas, has duly reviewed and considered the Engineering Services Contract Amendment No. 1 for a Sanitary Sewer Pipe Crossing Replacement on a USACE Property near Reagan Place between the City of The Colony and HDR Engineering, Inc. for the purpose of providing engineering services during construction. Section 2. That this contract is found to be acceptable and in the best interest of the City and its citizens, and the City Manager is hereby authorized to execute the contract on behalf of the City of The Colony, Texas, with the terms and conditions as stated therein. Section 3. That with this amendment, the City of The Colony is agreeing to pay the sum not to exceed $65,300.00 for such work. Section 4.That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 16TH DAY OF JANUARY 2024. __________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary 50 APPROVED AS TO FORM: _____________________________________ Jeff Moore, City Attorney 51 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: January 16, 2024 Submitted by: Kimberly Thompson Submitting Department: Public Works/Water Distribution Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute a payment to Gracon Construction for approved change orders in the amount of $280,173.31. (Whitt) Suggested Action: Attachments: Memo - Project cost overrun.doc SD-177 The Colony Stewart Creek WWTP Expansion Phase3 2A - Pay Request No.28 November 2023_TTL.pdf Res. 2024-xxx Gracon Construction Change Orders.doc 52 City of The Colony - 6800 Main Street - The Colony, Texas 75056 (972) 625-1756 www.TheColonyTX.gov From:James Whitt, Director of Public Works Sent:Thursday, January 16, 2024 To:City Council Subject: Waste Water Plant Expansion Project Close Out The recent expansion of the Waste Water Treatment Plant has been completed and Gracon Construction has submitted their final application for payment. This amount due this payment is $280,173.31 more than the contract amount or an increase of 2.2% of the original contract. This increase is due to two primary factors. The first which represents a 1% increase was a request made by Daemeon Stovall and myself to replace two pumps not included in the original scope of the project. The Waste Water Plant has three paths that the treatment water flows thru called trains A, B, and C with C being the newest. Trains A & B utilized vertical turbine RAS (Return Activated Sludge) pumps. Turbine pumps have blades much like jet engines with multiple small blades, the issue with these pumps was that rags and baby wipes, etc. would get caught on the blades causing them to fail every couple of months. The pumps would have to be pulled out & sent for repairs/maintenance. Each repair would take approximately 4-6 weeks. While the pumps were out for service large diesel powered trailered bypass pumps were used to keep the treatment process going. The bypass pumps required daily and weekly maintenance due to the 24/7 operation. The cost of replacing the RAS pumps was $161,248.20 The vertical turbine pumps were replaced with standard centrifugal pumps capable of handling the rags and other debris, since installation (8 months ago) no maintenance has been required. The replacement of these pumps was not part of the plant expansion and Daemeon and myself asked for and received approval prior to requesting Gracon to change the pumps. A number of factors are responsible for the additional cost overruns (around 1%) Covid, the blockage of the Suez Canal and the on and off closures of the Los Angeles and Long Beach ports which all together exacerbated the already strained global supply chain issues we were all ready dealing with. With each change order presented Daemeon and I closely reviewed and sought alternatives to mitigate cost, Gracon and Carollo were very helpful in offering and suggesting alternative materials, suppliers, and equipment reducing cost almost to the original budget. Summary of additional cost: 53 City of The Colony - 6800 Main Street - The Colony, Texas 75056 (972) 625-1756 www.TheColonyTX.gov Replacement of “A” and “B” Train RAS Pump $161,248.20 1.3% Total of all other change orders $235,823.29 1.9% Total cost of savings and alternatives ($116,898.18).9% Adjusted cost of other change orders $118,925.11 .9% = 235,823.29 - 116,898.18 Total cost of change orders $280,173.31 2.2% = 161,248.20 + 118,925.11 54 Project: Stewart Creek WWTP Expansion Phase 2A - Dewatering Project Contractor: Contact: Greg Graves Direct: 972-331-8034 Engineer: Contact: Troy Laman Office: 817-882-0528 Owner: City of The Colony, Texas SD-177 SUBMITTED DATE: November 28, 2023 REQUESTED RETURN BY DATE: November 28, 2023 SUPPLIER:SPECIFICATIONS:01 29 77 NO. COPIES: Electronic PLAN PAGE DATE :11/28/2023 GRACON COMMENTS Carollo Engineers GRACON REVIEW STAMP SHOP DRAWING NO. Gracon Construction 1. Submitted for approval. SD-177 Gracon Construction, Inc. The Colony Stewart Creek WWTP Expansion Phase3 2A - Pay Request No.28 November 2023 TRANSMITTAL/STAMP COVER SHEET DESCRIPTION: Contractor has checked these shop drawings for compliance in accordance with the contract plans & specifications. Gracon Construction, Inc. SD-177 The Colony Stewart Creek WWTP Expansion Phase3 2A - Pay Request No.28 November 2023.xls 55 12/4/2023 56 57 58 59 60 61 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PAYMENT TO GRACON CONSTRUCTION FOR APPROVED CHANGE ORDERS UNDER THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the recent expansion of the Wastewater Treatment Plant has been completed; and WHEREAS,Gracon Construction has submitted its final application for payment in the amount of $280,173.31; and WHEREAS,it is a 2.2% increase of the original contract due to the replacement of pumps not included in the original scope of the project and other cost overruns; 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 execute a final payment to Gracon Construction for approved change orders in the amount of $280,173.31. Section 2.That this resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 16TH DAY OF JANUARY, 2024. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 62 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: January 16, 2024 Submitted by: Kimberly Thompson Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute an agreement with Carollo Engineering for Professional Services pertaining to the design and engineering services for the Stewart Creek Wastewater Treatment Plant Expansion Phase 2B, New Clarifiers and Aeration Basins to replace the old “A” train and “B” train Clarifiers and Aeration Basins, in the amount of $4,867,272.00 with funding provided by SLRFF funding to be a supplemental appropriation to the FY 2023-24 CIP budget from the utility tax supported debt service fund. (Miller) Suggested Action: Attachments: WWTP-Phase 2B- Prelim_Final Design - Carollo - Agenda Memo.docx Colony_SCWWTP Expansion Phase 2B_Carollo_Design Contract Council Package.pdf Res. 2024-xxx Carollo Engineering Stewart Creek Expansion Phase 2B.doc 63 Wastewater Treatment Plant Expansion – Phase 2B Preliminary and Final Design Carrollo Engineers For over a decade, the City of the Colony has been working to expand its plant capacity to build out; 6.3MGD. Many years of work and multiple phases have been completed to date; barely outpacing our growth. We are ready to begin the final phase of the plant expansion and this item will begin that process. The Stewart Creek Park Wastewater Treatment Plant Expansion – Phase 2B (WWTP-SCP-2B) Preliminary and final design contract with Carrollo will include preliminary design and final design for the influent, headworks, Treatment trains A and B. It will also add Tertiary filters and UV disinfectant with odor control and sludge dewatering improvements. This contract will provide for the design and engineering to include the bid documents for a complete construction bid phase. The city is intending to also bring on a Construction manager at Risk (CMaR) to identify efficiencies through value engineering and we also feel that having them involved from the start of the process will net savings above the cost of the project manager. The total design contract is $4,867,272. Included in this amount is $517,353 in special services that include additional design implementations if we so choose on sludge handling and odor control options. If these actions are not authorized separately by staff they will not take place and subsequently not charged. The timeline for this design phase is approximately 18 months; starting with the culmination of this approval and concluding approx. mid May 2025. Funding for this item is provided by the federally disseminated SLRFF funds. One of the uses of these funds is specifically for water and wastewater improvements. Currently, there is $11MM of these funds available for use on this project. These funds have been set aside inside of our debt service fund for use so this item will additionally transfer the required funds out of the debt service fund to the capital projects fund to be used on this project. Funding Breakdown Fund Amount SLRFF Funds $ 11,000,000.00 WWTP-SCP-2B Design $ 4,867,272.00 Remaining SLRFF Funds $ 6,132,728.00 Decrease Utility Tax Supported Debt $ (4,867,272.00) Increase Capital Improvement Projects $ 4,867,272.00 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CAROLLO ENGINEERS, FOR PROFESSIONAL SERVICES PERTAINING TO THE DESIGN AND ENGINEERING SERVICES FOR THE STEWART CREEK WASTEWATER TREATMENT PLANT EXPANSION PHASE 2B, NEW CLARIFIERS AND AERATION BASINS TO REPLACE THE OLD “A” TRAIN AND “B” TRAIN CLARIFIERS AND AERATION BASINS WITH FUNDING PROVIDED BY SLRFF FUNDING TO BE A SUPPLEMENTAL APPROPRIATION TO THE FY 2023-2024 CIP BUDGET FROM THE UTILITY TAX SUPPORTED DEBUT SERVICE FUND; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the City Council of the City of The Colony, Texas, has duly reviewed and considered the agreement by and between the City of The Colony and Corollo Engineers, for professional services pertaining to the design and engineering services for the Stewart Creek Wastewater Treatment Plant expansion Phase 2B, new clarifiers and aeration basins to replace the old “A” train and “B” train clarifiers and aeration basins. Section 2. That this agreement is found to be acceptable and in the best interest of the City and its citizens, and the City Manager is hereby authorized to execute the agreement on behalf of the City of The Colony, Texas, with the terms and conditions as stated therein. Section 3. That the City of The Colony is agreeing to pay the sum not to exceed $4,867,272.00 for such work with funding provided by SLRFF funding to be a supplemental appropriation to the FY 2023-24 CIP budget from the utility tax supported debt service fund. 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 16TH DAY OF JANUARY, 2024. __________________________ Richard Boyer, Mayor City of The Colony, Texas 87 ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 88 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: January 16, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Council shall convene into a closed executive session pursuant to Sections 551.071, 551.072 and 551.087 of the Texas Government Code to receive legal advice, to deliberate regarding purchase, exchange, lease or value of real property, and to deliberate regarding commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). Suggested Action: Attachments: 89 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: January 16, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). Suggested Action: Attachments: 90