HomeMy WebLinkAboutCity Packets - City Council - 05/07/2024 - RegularCITY OF THE COLONY
CITY COUNCIL AGENDA
TUESDAY, MAY 7, 2024
6:30 PM
TO ALL INTERESTED PERSONS
Notice is hereby given of a REGULAR SESSION of the CITY COUNCIL of the City of The Colony,
Texas to be held at 6:30 PM on TUESDAY, MAY 7, 2024 at CITY HALL, 6800 MAIN ST., THE
COLONY, TX, at which time the following items will be addressed:
1 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS
1.1 Call to Order
1.2 Invocation
1.3 Pledge of Allegiance to the United States Flag
1.4 Salute to the Texas Flag
1.5 Proclamation acknowledging May 6- 10, 2024 as Economic Development Week. (Mayor)
1.6 Proclamation acknowledging May 5 - 11, 2024 as Municipal Clerks Week. (Mayor)
1.7 Proclamation acknowledging National Bike Month. (Mayor)
1.8 Items of Community Interest
1.9 Receive presentation from Parks and Recreation regarding upcoming events and activities. (Stansell)
2 CITIZEN INPUT
This portion of the meeting is to allow up to five (5) minutes per speaker with a maximum of
thirty (30) minutes for items not posted on the current agenda. The council may not discuss these
items, but may respond with factual data or policy information, or place the item on a future
agenda. Those wishing to speak shall submit a Request Form to the City Secretary.
3 WORK SESSION
The Work Session is for the purpose of exchanging information regarding public business or
policy. No action is taken on Work Session items. Citizen input will not be heard during this
portion of the agenda.
3.1 Council to provide direction to staff regarding future agenda items. (Council)
4 CONSENT AGENDA
The Consent Agenda contains items which are routine in nature and will be acted upon in one
motion. Items may be removed from this agenda for separate discussion by a Council member.
4.1 Consider approving City Council Regular Session meeting minutes from April 16, 2024. (Stewart)
1
REGULAR SESSION of the CITY COUNCIL Agenda
Meeting Date: 05/07/2024
Page - 2
4.2 Consider approving a resolution authorizing the City Manager to execute a Sixth Amendment to the
Commercial & Industrial and Residential Solid Waste Collection, Transport and Disposal and
Residential Recycling Collection, Transport & Processing Agreement with Republic Services, updating
the fee schedule per contractual agreement. (Owczar)
4.3 Consider approving a resolution authorizing the City Manager to execute a Memorandum of
Understanding with Texas Music Office for the export and maintenance of The Colony dataset within the
Texas Music Industry Directory. (Samford)
4.4 Consider approving a resolution authorizing the City Manager to issue a purchase order to Paradigm
Traffic Systems in the amount of $ 57,150.00 for Rectangular Rapid Flashing Beacons (RRFBs) to
enhance pedestrian safety at two designated locations along Lebanon Road. (Hartline)
4.5 Consider approving a resolution authorizing the City Manager to execute an Engineering Services
Contract with Halff Associates, Inc. in the amount of $60,750.00 to prepare construction plans and
specifications for the Plano Parkway Storm Drain Outfall project. (Hartline)
5 REGULAR AGENDA ITEMS
5.1 Discuss and consider approving a resolution authorizing the City Manager to execute a Construction
Services Contract Amendment No. 1 in the amount of $457,386.00 with Urban Infraconstruction for
the Phase 13B Concrete Street Repair Project. (Hartline)
6 EXECUTIVE SESSION
6.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas
Government Code to seek legal advice from the city attorney regarding pending or contemplated
litigation or settlement offer: City of The Colony, Texas v. Preston Tighe, Sick Realty, LLC and 3805
Overlook Court, The Colony, Texas 75056, Cause No. 24-1447-362, 362nd Judicial District Court,
Denton County, Texas.
B. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of
the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property
and commercial or financial information the city has received from a business prospect(s), and to
deliberate the offer of a financial or other incentive to a business prospect(s).
7 EXECUTIVE SESSION ACTION
7.1 A. Any action as a result of executive session regarding pending or contemplated litigation or settlement
offer: City of The Colony, Texas v. Preston Tighe, Sick Realty, LLC and 3805 Overlook Court, The
Colony, Texas 75056, Cause No. 24-1447-362, 362nd Judicial District Court, Denton County, Texas.
B. Any action as a result of executive session regarding purchase, exchange, lease or value of real
property and commercial or financial information the city has received from a business prospect(s), and
the offer of a financial or other incentive to a business prospect(s).
2
REGULAR SESSION of the CITY COUNCIL Agenda
Meeting Date: 05/07/2024
Page - 3
EXECUTIVE SESSION NOTICE
Pursuant to the Texas Open Meeting Act, Government Code Chapter 551 one or more of the
above items may be considered in executive session closed to the public, including but not limited
to consultation with attorney pursuant to Texas Government Code Section 551.071 arising out of
the attorney’s ethical duty to advise the city concerning legal issues arising from an agenda item.
Any decision held on such matter will be taken or conducted in open session following the
conclusion of the executive session.
ADJOURNMENT
Persons with disabilities who plan to attend this meeting who may need auxiliary aids such as
interpreters for persons who are deaf or hearing impaired, readers or, large print are requested to
contact the City Secretary’s Office, at 972-624-3105 at least two (2) working days prior to the
meeting so that appropriate arrangements can be made.
CERTIFICATION
I hereby certify that above notice of meeting was posted outside the front door of City Hall by
5:00 p.m. on the ___ day of May, 2024.
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
3
Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: May 7, 2024
Submitted by: Kimberly Thompson
Submitting Department: Economic Development
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation acknowledging May 6- 10, 2024 as Economic Development Week. (Mayor)
Suggested Action:
Attachments:
1.5 Economic Development Week Proclamation.docx
4
MAYORAL PROCLAMATION
WHEREAS, Economic Developers play essential roles in the growth of the
economy as they create, retain, and expand job opportunities that facilitate growth,
enhance wealth, and provide a stable tax base; and
WHEREAS, Economic Developers attract and retain high-quality jobs, develop
vibrant communities, and improve the quality of life in their regions; and
WHEREAS, Economic Development professionals operate throughout diverse
economic environments, including local, state, and national governments; public-
private partnerships; chambers of commerce; institutions of higher education; among
many similar organizations and associations; and
WHEREAS, Economic Development professionals serve as stewards, bridging
connections between community stakeholders such as residents, business leaders,
elected officials, industry executives, and educational administrations, to collaborate
in community investment, infrastructure advancements, and an optimistic future; and
WHEREAS, our Economic Development staff contributes to the betterment and
progress of The City of The Colony within the State of Texas; and
WHEREAS, for the last 26 years, The Colony Economic Development
Corporation has been a leader and driving force in advancing economic development
initiatives, with a steadfast commitment to fostering growth and prosperity in the City
of The Colony through sustainability, resilience, and innovation; and
WHEREAS, economic developers are engaged in a wide variety of settings
including rural and urban, local, state, provincial, and federal governments, public-
private partnerships, chambers of commerce, universities, and a variety of other
institutions; and
NOW, THEREFORE, I, Richard Boyer, Mayor and City Council of the City of The
Colony do hereby recognize the week of May 6 – 11, 2024 as “National Economic
Development Week”;and further remind the City of The Colony the importance of this
community celebration which supports growing the commercial tax base, expanding
career opportunities and improving quality of life in our vibrant city.
SIGNED AND SEALED this 7th day of May 2024.
___________________________
Richard Boyer, Mayor
City of The Colony
5
Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: May 7, 2024
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation acknowledging May 5 - 11, 2024 as Municipal Clerks Week. (Mayor)
Suggested Action:
Attachments:
Professional Municipal Clerks Week Fact Sheet.pdf
Municipal Clerks Week Proclamation.doc
6
Annual Professional Municipal Clerks Week
FACT SHEET
Sponsored by the International Institute of Municipal Clerks
Professionalism In Local Government Through Education
PURPOSE
To recognize the vital and appreciated services performed by Municipal and Deputy Clerks in
serving the changing needs of their communities.
HISTORY
This year, May 5 through May 11, will be the 55th Annual Professional Municipal Clerks Week,
initiated in 1969 by IIMC and is endorsed by all of its members throughout the United States, Canada
and 15 other countries. In 1984 and in 1994, Presidents Ronald Reagan and Bill Clinton, respectively,
signed a Proclamation officially declaring Professional Municipal Clerks Week the first full week of
May and recognizing the essential role Municipal Clerks play in local government.
TYPICAL RESPONSIBILITIES OF THE MUNICIPAL AND DEPUTY CLERK:
•Maintains the official council minutes, ordinance books and all records and documents.
•Indexes all official actions of council.
•Issues licenses and permits.
•Processes contracts and agreements.
•Keepers of community history and vital records.
•Receives, distributes and files correspondence from citizens and other governmental agencies.
•Administers elections, registration and voting.
•Acts as a key liaison between local government and its citizens.
•Handles significant financial responsibilities including preparation of tax rolls, special
assessments and budgets.
•Provides central services such as personnel, purchasing, etc.
IIMC is a professional association of City, Village, Town, Township, Borough and County Clerks,
Secretaries and Recorders. IIMC prepares its members to meet the challenges of the diverse role of the
Municipal and Deputy Clerk by providing services and continuing professional development
opportunities to benefit members and the government entities they serve. Founded in 1947 in French
Lick, Indiana, IIMC has 16,000 members throughout the United States, Canada and 15 other countries.
7
MAYORAL PROCLAMATION
55th ANNUAL PROFESSIONAL MUNICIPAL CLERKS WEEK
WHEREAS,The Office of the Municipal Clerk, a time honored and vital part of
local government exists throughout the world; and
WHEREAS,The Office of the Municipal Clerk is the oldest among public
servants; and
WHEREAS,The Office of the Municipal Clerk provides the professional link
between the citizens, the local governing bodies and agencies of government at other
levels; and
WHEREAS,Municipal Clerks have pledged to be ever mindful of their
neutrality and impartiality, rendering equal service to all; and
WHEREAS,The Municipal Clerk serves as the information center on functions
of local government and community; and
WHEREAS,Municipal Clerks continually strive to improve the administration
of the affairs of the Office of the Municipal Clerk through participation in education
programs, seminars, workshops and the annual meetings of their state, provincial,
county and international professional organizations; and
WHEREAS,It is most appropriate that we recognize the accomplishments of
the Office of the Municipal Clerk.
NOW, THEREFORE, I, Richard Boyer, Mayor of The City of The Colony, do
recognize the week of May 5 - May 11, 2024, as “Municipal Clerks Week”, and further
extend appreciation to our Municipal Clerk, Tina Stewart and to all Municipal Clerks
for the vital services they perform and their exemplary dedication to the communities
they represent.
SIGNED AND SEALED this 7th day of May 2024.
__________________________________________
Richard Boyer, Mayor
City of The Colony, Texas
8
Agenda Item No:1.7
CITY COUNCIL Agenda Item Report
Meeting Date: May 7, 2024
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation acknowledging National Bike Month. (Mayor)
Suggested Action:
Attachments:
Bike Month Proclamation.doc
9
MAYORAL PROCLAMATION
WHEREAS,throughout the month of May, The City of The Colony, County of
Denton will celebrate biking and the freedom, the joy, and the well-being it imbues
within us, as well as the power that more people riding bikes has in making life better
for everyone; and
WHEREAS,May 15-21, 2024 is “Bike to Work Week” and May 19, 2024 is
“Bike to Work Day;” and
WHEREAS,throughout the month of May, the residents of The City of The
Colony, County of Denton and its visitors will experience the joys of bicycling through
group rides, races, commuting events, educational programs, charity events, and/or by
simply getting out and going somewhere by bike; and
WHEREAS,bicycling has been shown to improve citizens’ health, well-being
and quality of life; growing the economy of The Colony, attracting tourism dollars and
local business spending and reducing pollution, congestion and parking costs on our
streets and roads; and
WHEREAS,local bicycle clubs, organizations, chamber, tourism bureau,
schools, parks and recreation departments, police departments, public health districts,
hospitals, businesses and civic groups will be joining the League of American Bicyclists
in promoting bicycling during the month of May 2024; and
WHEREAS,these groups are promoting the use of the bicycle as both a means
of transportation and recreation year-round to attract more visitors to enjoy our local
parks and train systems, as well as restaurants, hotels, retail establishments, and
cultural and scenic attractions; and
WHEREAS,these groups are also promoting greater public awareness of
bicycle operation and safety education during Bike Month and year-round in an effort
to reduce collisions, injuries and fatalities and improve health and safety for everyone
on the road; and
NOW, THEREFORE,I, Richard Boyer, Mayor of The City of The Colony,
County of Denton, do hereby proclaim May 15 - 21, 2024 as “Bike to Work Week” and
May 19, 2024 is “Bike to Work Day;”in The City of The Colony, County of Denton,
and I urge all residents to join me in this special observance.
SIGNED AND SEALED this 7th day of May 2024.
____________________________
Richard Boyer, Mayor
City of The Colony, Texas
10
Agenda Item No:1.8
CITY COUNCIL Agenda Item Report
Meeting Date: May 7, 2024
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
11
Agenda Item No:1.9
CITY COUNCIL Agenda Item Report
Meeting Date: May 7, 2024
Submitted by: Lindsey Stansell
Submitting Department: Parks & Recreation
Item Type: Announcement
Agenda Section:
Subject:
Receive presentation from Parks and Recreation regarding upcoming events and activities. (Stansell)
Suggested Action:
Attachments:
12
Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: May 7, 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:
13
Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: May 7, 2024
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes from April 16, 2024. (Stewart)
Suggested Action:
Attachments:
April 16, 2024 DRAFT Minutes.docx
14
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
APRIL 16, 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 16
th day of April 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
Absent (Personal)
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
Councilwoman Judy Ensweiler 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 the month of May as Mental Health Awareness Month
and May 10, 2024 as Children’s Mental Health Awareness Day.
Mayor proclaimed the month of May as Mental Health Awareness Month and May
10, 2024 as Children's Mental Health Awareness Day. The Colony Police Officer
Carlos Henderson accepted the proclamation.
1.6 Items of Community Interest
1.6.1 Receive presentation from the Library regarding upcoming events and activities.
Library Director, Megan Charters, provided upcoming events and activities to the
Council.
15
City Council – Regular Meeting Agenda
April 16, 2024
Page| 2
2.0 CITIZEN INPUT
James Tabler, Ponte Vedra, Florida, on behalf of his family, thanked staff for their
efforts saving his son’s life and Council for its foresight to appropriate resources
to do so.
3.0 WORK SESSION
3.1 Council to receive follow-up presentation on Total Solar Eclipse Viewing Event.
Library Director, Megan Charters, presented this item to Council.
3.2 Council to provide direction to staff regarding future agenda items.
Mayor requested to discuss ways to address residential squatting as a future
agenda item.
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda- Schrag; second by Rainey, motion
carried with all ayes.
4.1 Consider approving City Council Regular meeting minutes from April 2, 2024.
4.2 Consider approving Council expenditures for February 2024.
4.3 Consider approving an Ordinance amending Sections 2-247 and 2-248 of the Code
of Ordinances concerning the Public Tree Advisory Board by changing the
composition of the Board and the minimum yearly meeting requirement.
ORDINANCE NO. 2024-2560
4.4 Consider approving a resolution authorizing the City Manager to execute a
Construction Services Contract Amendment No. 1 in the amount of $76,033.05
with JBM Excavation, LLC for the Stewart Peninsula Drainage Improvements
Project.
RESOLUTION NO. 2024-032
4.5 Consider approving a resolution authorizing the City Manager to execute a
Construction Services Contract in the amount of $79,435.34 with F&F Concrete,
LLC for completion of the Arbor Glen Drainage Improvements Project.
RESOLUTION NO. 2024-033
16
City Council – Regular Meeting Agenda
April 16, 2024
Page| 3
5.0 REGULAR AGENDA ITEMS
5.1 Discuss and consider approving a resolution authorizing the City Manager to
execute a Construction Services Contract in the amount of $4,591,662.95 with KIK
Underground, LLC for the Phase 13 Residential Street Reconstruction Project.
Director of Engineering, Ron Hartline, provided an overview on the proposed
resolution.
Motion to approvea resolution authorizing the City Manager to execute a Construction Services
Contract with KIK Underground LLC, as presented, given King George Traffic Solutions did
not provide the requested evidence of responsibility to prove previous experience in constructing
municipal streets-Schrag; second by Ensweiler, motion carried with all ayes.
RESOLUTION NO. 2024-034
5.2 Discuss and consider approving a resolution casting the city's vote for a nominee
to serve as a member of the Board of Managers for the Denco Area 9-1-1 District.
Motion to approve the nomination of Jim Carter –Ensweiler; second by Schrag, motion carried
with all ayes.
RESOLUTION NO. 2024-035
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).
***ITEM PULLED FROM THE AGENDA WITH NO DISCUSSION***
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).
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 7:12 p.m.
17
City Council – Regular Meeting Agenda
April 16, 2024
Page| 4
APPROVED:
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
_____________________________________
Tina Stewart, TRMC, CMC, City Secretary
18
Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: May 7, 2024
Submitted by: Molly Owczar
Submitting Department: Customer Services
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Sixth Amendment to the Commercial
& Industrial and Residential Solid Waste Collection, Transport and Disposal and Residential Recycling
Collection, Transport & Processing Agreement with Republic Services, updating the fee schedule per
contractual agreement. (Owczar)
Suggested Action:
This is the last rate adjustment on the current five (5) year contract.
Attachments:
060124 to 053125 republic rates.pdf
The Colony - Solid Waste Collection Agreement - 6th Amendment
Res. 2024-xxx Republic Solid Waste Agreement - Sixth Amendment.docx
19
06/01/23-05/31/24 Rates
20
1.05199211
SIZE TYPE 1 X 2 X 3 X 4 X 5 X 6 X EXTRA PU
2 YD 95.27$ 167.41$ 239.61$ 311.71$ 383.87$ 516.16$ 54.05$
3 YD 109.12$ 190.55$ 271.95$ 353.36$ 434.74$ 516.16$ 54.05$
4 YD 122.63$ 214.26$ 303.93$ 394.57$ 485.24$ 575.88$ 63.99$
6 YD 148.23$ 257.38$ 366.52$ 475.71$ 584.85$ 693.83$ 69.26$
8 YD 172.08$ 299.72$ 427.37$ 551.32$ 682.67$ 810.28$ 77.20$
10 YD 204.45$ 356.10$ 507.76$ 655.02$ 811.08$ 962.70$ 96.50$
2 FEL Comp/lif 35.15$
4 FEL Comp/lif 70.32$
6 FEL Comp/lif 105.46$
Sunday Service for an 8 YD - $1097.23 per can per month in addition to regular service
COMMERCIAL SERVICE FEES
7.31$
SET/Month EXTRA YARDS 52.73$
1.83$ PER LIFT DELIVERY 64.45$
1.83$ PER LIFT REDELIVERY AFTER NON-PAYMENT -$
REMOVAL -$
SNAP SHOT -$
DRY RUN -$
INDUSTRIAL ROLLOFF RATES
SIZE TYPE DELIVERY
RENTAL
/Day Haul Disposal/Ton
DEPOSIT
/
20 YD Open Top 146.48$ 3.52$ 328.11$ 37.50$ Per credit check
30 YD Open Top 146.48$ 3.52$ 328.11$ 37.50$ Per credit check
40 YD Open Top 146.48$ 3.52$ 328.11$ 37.50$ Per credit check
30 YD Comp Negotiated Negotiated 374.99$ 37.50$ Per credit check
35 YD Comp Negotiated Negotiated 374.99$ 37.50$ Per credit check
40 YD Comp Negotiated Negotiated 374.99$ 37.50$ Per credit check
EXTRA YARDS 52.73$
REDELIVERY AFTER NON-PAYMENT -$
REMOVAL -$
DRY RUN -$
COMMERCIAL HAND COLLECT:1 CART 1x/WEEK PER MONTH 28.12$
2 CART 1x/WEEK PER MONTH 39.84$
MONTHLY
1x/Week Solid Waste Cart Service/2x/month bulk 12.93$
6.32$
3.36$
22.61$
ADDITIONAL SOLID WASTE CART 10.07$
Grapple Truck Service $118.54/hr + Disposal
EFFECTIVE DATE 6/1/2024 CITY HALL PHONE 972-624-3116
Rental &
Delivery -
Negotiated
Republic Services of Lewisville
FRANCHISED CITY RATES
(includes 10% franchise fee on residential, commercial and industrial)
CITY OF THE COLONY
COMMERCIAL FRONT-LOAD RATES
PICKUPS PER WEEK
Weekly Curbside Recycle
Weekly Green Waste
RESIDENTIAL TOTAL
CASTERS
GATES
LOCK BAR
Exhibit 1 Appendix A
06/01/24-05/31/25
21
Calculations
5.20%
CPI Current Rate FF (10%TOTAL 2024 Rate 2024 FF 2024 Total
44986 284.17 Trash 11.17$ 1.12$ 12.29$ 11.76$ 1.18$ 12.93$
45352 299.18 Recycling 5.46$ 0.55$ 6.00$ 5.74$ 0.57$ 6.32$
change 15.02 Green Waste 2.91$ 0.29$ 3.20$ 3.06$ 0.31$ 3.36$
% change 5.28%Total 19.54 1.95 21.49 20.55 2.06 22.61$
Cost Factor 70.00%Extra Cart 8.70$ 0.87$ 9.57$ 9.15$ 0.92$ 10.07$
Net Increase 3.70%
Disposal
New
old
% change 5.00%DISPOSAL CALCULATIONS
Cost Factor 30.00%
Net Increase 1.50%2023 2024 Increase
Letco 22.71$ 22.71$ 0%
Camelot 30.50$ 32.03$ 1.53$ 5%
Requesting 5.20%
105.20%
Series Id:CUUR0000SEHG,CUUS0000
SEHG
Series Title:Water and sewer and trash
collection services in U.S. city
average, all urban
consumers, not seasonally Area:U.S. city average
Item:Water and sewer and trash
collection services
Base Period:DECEMBER 1997=100
https://www.bls.gov/data/home.htm
Download:
See graph
Not Seasonally Adjusted
CPI for All Urban Consumers (CPI-U)
Original Data Value
22
Series Id:
Series Title:
Area:
Item:
Base Period:
Years:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec HALF1 HALF2
2021 257.722 258.763 259.204 259.581 259.542 260.400 261.706 262.810 263.747 264.278 264.580 265.365 259.202 263.748
2022 268.128 269.521 269.621 270.419 270.844 271.925 273.097 274.984 276.759 276.892 277.824 278.464 270.076 276.337
2023 281.461 283.663 284.166 285.052 286.322 287.457 289.005 290.975 291.279 291.683 292.694 292.915 284.687 291.425
2024 297.079 298.751 299.183
Mar-24 299.183
Mar-23 284.166
2021 to 2023
CUUR0000SEHG,CUUS0000SEHG
Not Seasonally Adjusted
Water and sewer and trash collection services in U.S. city
ll b t ll dj t dU.S. city average
Water and sewer and trash collection services
DECEMBER 1997=100
23
1
SIXTH AMENDMENT TO THE COMMERICAL & INDUSTRIAL AND RESIDENTIAL
SOLID WASTE COLLECTION, TRANSPORT AND DISPOSAL AND RESIDENTIAL
RECYCLING COLLECTION, TRANSPORT & PROCESSING AGREEMENT
This Sixth Amendment to the Commercial & Industrial and Residential Solid Waste
Collection, Transport and Disposal and Residential Recycling Collection, Transport & Processing
Agreement (hereinafter referred to as the “Sixth Amendment”) by and between the City of The
Colony, Texas (“City”), a Texas home-rule municipality, acting by and through its governing
body, the City Council (hereinafter referred to as the “City Council”), and Allied Waste Services,
Inc. dba Republic Services of Lewisville (hereinafter referred to as the “Contractor”), is entered
into as of May 7, 2024 (“Effective Date”).
Recitals
A.WHEREAS, on or about June 1, 2007, the City and Allied Waste Services, Inc. dba
Republic Services of Lewisville (“Contractor”) entered into a Commercial and Industrial and
Residential Solid Waste Collection, Transport and Disposal and Residential Recycling Collection,
Transport and Processing Agreement (the “Original Agreement”); and
B.WHEREAS, on or about May 12, 2012, the City and Contractor entered into a First
Amendment to the Original Agreement (“First Amendment”); and
C.WHEREAS, on or about May 1, 2015, the City and Contractor entered into a
Second Amendment to Original Agreement (“Second Amendment”); and
D.WHEREAS, on or about June 1, 2020, the City and Contractor entered into a Third
Amendment to Original Agreement (“Third Amendment”); and
E.WHEREAS, on or about June 2, 2022, the City and Contractor entered into a Fourth
Amendment to the Original Agreement (“Fourth Amendment”): and
F.WHEREAS, on or about May 16, 2023, the City and Contractor entered into a Fifth
Amendment to the Original Agreement (“Fifth Amendment”) and
G. WHEREAS, the City and Contractor find and determine it is in the best interests
of the parties to amend the Original Agreement, as amended by the First Amendment, Second
Amendment, Third Amendment, Fourth Amendment and Fifth Amendment (collectively referred
to as the “Agreement”) to address certain changes in accordance with the terms of this Sixth
Amendment.
[The Remainder of this Page Intentionally Left Blank]
24
2
NOW, THEREFORE,for good and valuable consideration, the receipt and sufficiency of
which the parties acknowledge, the parties agree to the following terms and conditions:
SECTION 1.AMENDMENTS TO AGREEMENT.
(a)Amendment to Agreement. That Appendix A of the Agreement is hereby repealed in
its entirety and is replaced with a new Appendix A, which is attached hereto as Exhibit
1 of this Sixth Amendment and is incorporated herein for all purposes.
SECTION 2.MISCELLANEOUS PROVISIONS.
(a)
Caption Headings.Caption headings in this Sixth Amendment are for convenience
purposes only and are not to be used to interpret or define the provisions of the Sixth
Amendment.
(b)Counterparts.This Sixth Amendment may be executed in one or more counterparts, each
of which shall be deemed an original and all of which shall constitute one and the same
document.
(c)Effective Date.The effective date (the "Effective Date") of this Sixth Amendment shall
be the date of the latter to execute this Sixth Amendment by the Contractor and the City.
(d)Original Agreement and Any Amendments. All of the terms, conditions, and obligations
of the Original Agreement, First Amendment, Second Amendment, Third Amendment,
Fourth Amendment and Fifth Amendment remain in full force and effect except where
specifically modified by this Sixth Amendment.
(e)Severability.The provisions of this Sixth Amendment are severable. If any paragraph,
section, subdivision, sentence, clause, or phrase of this Fifth Amendment is for any reason
held by a court of competent jurisdiction to be contrary to law or contrary to any rule or
regulation have the force and effect of the law, the remaining portions of the Sixth
Amendment shall be enforced as if the invalid provision had never been included.
[The Remainder of this Page Intentionally Left Blank]
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3
IN WITNESS WHEREOF,the Parties have executed this Sixth Amendment to the
Commercial & Industrial and Residential Solid Waste Collection, Transport and Disposal and
Residential Recycling Collection, Transport & Processing Agreement as of the Effective Date.
ALLIED WASTE SYSTEMS, INC.
dba REPUBLIC SERVICES OF
LEWISVILLE
By:
Name:
Title:
Date:
CITY:
CITY OF THE COLONY, TEXAS,
a Texas home-rule municipality,
By:
Richard Boyer, Mayor
Date:
ATTEST:
Tina Stewart, City Secretary
26
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2024 – ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS,AUTHORIZING AND APPROVING A SIXTH
AMENDMENT TO THE COMMERCIAL & INDUSTRIAL AND
RESIDENTIAL SOLID WASTE COLLECTION, TRANSPORT AND
DISPOSAL AND RESIDENTIAL RECYCLING COLLECTION,
TRANSPORT & PROCESSING AGREEMENT WITH REPUBLIC
SERVICES, ATTACHED HERETO AS EXHIBIT “A”; AND PROVIDING
FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas, entered into a solid waste and recycling
collection contract with Republic Waste Services on June 1, 2007; and
WHEREAS, the City Council of the City of The Colony, Texas, finds and determines it to
be in the City’s best interest to approve a Sixth Amendment to the Commercial & Industrial
and Residential Solid Waste Collection, Transport and Disposal and Residential Recycling
Collection, Transport & Processing Agreement, which is attached hereto as Exhibit A, and
is incorporated here for all purposes.
NOW,THEREFORE,BE ITRESOLVEDBYTHECITYCOUNCILOFTHE CITY
OF THE COLONY, TEXAS:
Section 1. 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 Sixth Amendment to the Commercial & Industrial and Residential Solid Waste Collection,
TransportandDisposalandResidentialRecyclingCollection,Transport&Processing Agreement,
which is attached hereto as Exhibit A, and is incorporated here for all purposes.
Section 3. That this Resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED BY THR CITY COUNCIL OF THR CITY OF THR
COLONY, TEXAS, THIS DAY OF MAY 7, 2024.
Richard Boyer, Mayor
Cityof The Colony, Texas
27
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
28
Exhibit A
Sixth Amendment to the Commercial & Industrial and
Residential Solid Waste Collection, Transport and
Disposal and Residential RecyclingCollection, Transport &
Processing Agreement
29
Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: May 7, 2024
Submitted by: Tina Stewart
Submitting Department: Economic Development
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Memorandum of Understanding with
Texas Music Office for the export and maintenance of The Colony dataset within the Texas Music Industry
Directory. (Samford)
Suggested Action:
Attachments:
04.05.2024 The Colony MOU.docx
Res. 2024-xxx Texas Music Industry Directory MOU.doc.docx
30
MEMORANDUM OF UNDERSTANDING- TEXAS MUSIC DIRECTORY MAINTENANCE Page 1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
TEXAS MUSIC OFFICE WITHIN THE OFFICE OF THE GOVERNOR
AND THE
CITY OF THE COLONY, TEXAS
FOR MAINTENANCE OF THE TEXAS MUSIC INDUSTRY DIRECTORY
This Memorandum of Understanding (“MOU”) for ongoing maintenance of the The Colony dataset of
the Texas Music Directory is entered into by and between the Texas Music Office within the Office of the
Governor (“OOG”) and the City of The Colony, Texas (“City”). The OOG and City shall be referred to
collectively as the “Parties.”
I.PURPOSE
The purpose of the MOU is to document the responsibilities of the Parties for export and maintenance
of the The Colony dataset within the Texas Music Industry Directory (the “Directory”). The Directory
consists of listings of recording studios, music venues, booking agents, producers, musicians, and other
music businesses and is published on the State-owned and managed website, TexasMusicOffice.com. The
Directory will be matched and updated from the correlating City-owned dataset of The Colony-area music
businesses with the (469), (214), (945) and (972) area codes.
This MOU encourages mutual cooperation of the Parties to maintain the accuracy of the information
within the The Colony dataset to help the OOG meet its legislative mandate of promoting the development
of the music industry in Texas by informing members of that industry and the public about the resources
available in the state for music production. Additional information on the websites, dataset format, and the
primary contacts assigned to maintain those datasets are described in this MOU. In addition, this MOU
permits the City to use information exported from the Directory to create and maintain a The Colony Music
Industry dataset to promote the development of the The Colony music industry.
The Parties, in consideration of the mutual covenants and agreements to be performed as set forth in
this MOU, agree as follows:
II.TERM
Upon execution by the Parties, this MOU shall commence effective upon the signature of the last Party
to sign this MOU (“Effective Date”), and shall remain in effect for a period of one year, unless extended
by option of the Parties or terminated earlier pursuant to the terms of this MOU. This MOU may be
extended by agreement of the Parties in any increment of months, for up to thirty-six (36) months.
III.SCOPE
The The Colony dataset will be exchanged between the Parties twice a year. Both Parties shall have
the ability to receive updated dataset information from the other Party. Maintenance includes the exporting,
updating and monitoring of the The Colony dataset of the Directory. The Parties will cooperate in good
faith at all times to comply with all applicable laws. The Parties shall cooperate when developing priorities
31
MEMORANDUM OF UNDERSTANDING- TEXAS MUSIC DIRECTORY MAINTENANCE Page 2
and performing maintenance activities with respect to the The Colony dataset, and will share information
to create a more accurate Texas Music Industry Directory for the mutual benefit of both Parties.
The Parties shall identify primary contacts for all ongoing correspondence and communication related
to this MOU. Requests for the twice-a-year export of the dataset and questions about information within
the dataset will be managed by these contacts.
The Parties acknowledge that the directory is a priority and agree to dedicate staff time as necessary to
perform the tasks required to ensure proper maintenance of the The Colony dataset of the Directory.
IV.MANAGING PARTIES
CIY OF THE COLONY, TEXAS
ECONOMIC DEVELOPMENT CORPORATION
Diane Lemmons
Business Retention and Expansion Manager
The Colony Economic Development Corporation
6800 Main Street
The Colony, Texas 75056
(972) 624-3111
dlemmons@thecolonytx.org
TEXAS MUSIC OFFICE WITHIN THE
OFFICE OF THE GOVERNOR
Brendon Anthony
Division Director
Texas Music Office
1100 San Jacinto Boulevard
Austin, Texas 78701
(512) 284-1999
brendon.anthony@gov.texas.gov
V.OOG RESPONSIBILITIES
The OOG shall undertake the following activities during the term of the MOU term:
1. Export the current The Colony Music Industry dataset twice annually during the months of January
and July as an Excel spreadsheet or tab-delimited file. The dataset includes and is limited to:
business name, business sort code (how the business is sorted alphabetically), business address,
business phone number, contact name & contact job title, business email address, business website
URL, genre businesses work within, business category, year business was established, and a
business description. The OOG contact will then email an Excel spreadsheet and/or tab-delimited
file of the export to the City so that the City may create a The Colony Music Industry dataset to be
published on the City’s website, and so that the City may research the accuracy of the dataset.
2. Ensure that the City is kept aware of any website changes that may affect the The Colony database.
3. Establish and maintain communication with businesses in the Texas Music Industry Directory to
assist in the updating of the current listings as necessary.
VI.CITY RESPONSIBILITIES
The City shall undertake the following activities during the term of the MOU term:
1. Assist the OOG in maintaining the The Colony Music Industry dataset, located at:
https://gov.texas.gov/apps/music/directory/results/All/p1/city/the%20colony
2. Review and update where possible all exported entries within the The Colony Music Industry
dataset.
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MEMORANDUM OF UNDERSTANDING- TEXAS MUSIC DIRECTORY MAINTENANCE Page 3
3. Update and export the The Colony dataset twice annually during the months of January and July,
to be sent to the OOG for update of the online Directory within 3 months of receiving the exported
dataset from the OOG.
4. Promote public awareness of the The Colony Music Industry dataset and encourage utilization by
industry members.
VII.TEXAS PUBLIC INFORMATION ACT
The exchange of information by the Parties is not a release of information to the general public, but
rather a transfer of records for an official purpose. Notwithstanding any provisions of this MOU, the Parties
acknowledge that they are subject to the Texas Public Information Act, Texas Government Code Chapter
552 (the “PIA”), and that this MOU and any information created or exchanged in connection with this MOU
is subject to the PIA. The Parties agree to notify each other in writing within a reasonable time from receipt
of a request for information covering the subject matter of this MOU. The OOG, in consultation with the
City, will make a determination whether to submit a request received by the OOG for a ruling under the
PIA to the Attorney General.
VIII.AMENDMENT
This MOU may be amended only upon written agreement signed by the Parties.
IX.TERMINATION
The Parties understand that participation in this MOU is voluntary and may be terminated by either
Party by giving thirty (30) days’ written notice to the other Party of its intention to terminate. Within a
reasonable time prior to the final termination of this MOU, the Parties will cooperate with each other to
ensure that each Party receives the most current The Colony Music Industry dataset.
X.COSTS
Each Party will bear its own costs in performing its obligations under this MOU.
SIGNATORIES. IN WITNESS WHEREOF, the Parties have executed this MOU as of the
Effective Date stated above.
CITY OF THE COLONY, TEXAS
______________________________________
TROY POWELL, CITY MANAGER
TEXAS MUSIC OFFICE,
OFFICE OF THE GOVERNOR
______________________________________
CHIEFOFSTAFF ORDESIGNEE
____________________________________________________________________________
DATE DATE
33
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 MEMORANDUM OF UNDERSTANDING BY AND
BETWEEN THE CITY OF THE COLONY AND TEXAS MUSIC
OFFICE WITHIN THE OFFICE OF THE GOVERNOR FOR THE
EXPORT AND MAINTENANCE OF THE COLONY DATASET
WITHIN THE TEXAS MUSIC INDUSTRY DIRECTORY; AND
ATTACHING THE APPROVED FORM OF SAID MEMORANDUM
OF UNDERSTANDING AS EXHIBIT “A”; 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 hereby
approves the Memorandum of Understanding for the purpose of export and maintenance
of The Colony dataset within the Texas Music Industry Directory.
Section 2.That a true and correct copy of the Memorandum of Understanding
is attached hereto and incorporated herein, as Exhibit “A”.
Section 3.That the City Manager is authorized to enter into Memorandum of
Understanding on behalf of the city.
Section 4.That this Resolution shall take effect immediately from and after its
adoption and it is so resolved.
PASSED, APPROVED, AND EFFECTIVE BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS, THIS 7TH DAY OF MAY, 2024.
______________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
34
APPROVED AS TO FORM:
______________________________________
Jeffrey L. Moore, City Attorney
35
Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: May 7, 2024
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to issue a purchase order to Paradigm Traffic
Systems in the amount of $ 57,150.00 for Rectangular Rapid Flashing Beacons (RRFBs) to enhance
pedestrian safety at two designated locations along Lebanon Road. (Hartline)
Suggested Action:
City Council approved funding to purchase RRFBs in the 2023/2024 CIP Budget.
This request proposes purchasing Rectangular Rapid Flashing Beacons (RRFB) to enhance pedestrian safety
along Lebanon Rd. at the two designated locations shown on the maps attached to this request. The RRFBs
are known to increase the visibility of pedestrians and improve driver awareness of their presence at a
crosswalk, reducing the risk of accidents. This request is based on high pedestrian traffic, visibility, and safety
concerns at the specified locations as identified in the attached Lebanon Road Pedestrian Crossing Study.
Installing RRFBs can help mitigate the risk of accidents, encourage compliance with crosswalk laws, and
create a safer environment for all road users. A copy of the quotation to purchase RRFB Systems from
Paradigm Traffic Systems using Buy Board contract #695-23 is attached for review.
Attachments:
RRFB Specifications
Lebanon Road Pedestrian Crossing Study
Quote from Paradigm Traffic Systems
Location Map at Lebanon Road and Waverly
Location at Map at Lebanon Road and Prescott
Financial Summary
Res. 2024-xxx Paradigm Traffic Systems.docx
36
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MEMORANDUM
To:Ron Hartline, P.E.
City of the Colony, TX
From: Jeff Whitacre, P.E., AICP, PTP
Patrick Patorno, EIT
Kimley-Horn and Associates, Inc.
Date: February 13, 2023
Re:Lebanon Road Pedestrian Study
The Colony, Texas
PURPOSE
The City of the Colony is evaluating potential pedestrian mitigations and improvements along Lebanon
Road, from the Old American Golf Club entrance to the City of the Colony city limits boundary east of
Lowell H. Strike Middle School. This memo provides an evaluation and recommendations on both
appropriate crossing control types and potential locations along the facility.
EXISTING OBSERVATIONS
24-hour speed and traffic counts were collected on Thursday, October 20, 2022 at the following three
(3) locations along Lebanon Road:
· Southwest of Stonefield
· East of Scotty’s Lake Lane
· Between Ventana Drive and Lakeshore
Raw traffic data is provided in the Attachments. Based on the traffic data, the AM peak hour was
assessed as 7:45-8:45 AM and the PM peak hour was assessed as 4:30-5:30 PM. Peak hour field
observations were conducted along Lebanon Road on Tuesday, November 1, 2022 and Wednesday,
November 2, 2022.
There are two (2) existing schools along Lebanon Road. Prestwick Elementary School is located on
the north corner of Lebanon Road & Stonefield with an arrival time of 7:45 AM and dismissal time of
3:40 PM. Lowell H. Strike Middle School is located on the northeast corner of Lebanon Road &
Scotty’s Lake Lane with an arrival time of 8:40 AM and a dismissal time of 4:30 PM.
There are signs along Lebanon Road indicating golf carts and bikes are permitted travel on-street.
While bicyclists are permitted for on-street travel, all bicyclists were observed traveling on sidewalks.
2/13/2023
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Prestwick Elementary School
There is a large population of students who arrive to and depart from the campus as pedestrians and
bicyclists using sidewalks and cutting through the campus’s grass. Prestwick Elementary School has
an underpass connecting the north and south sides of Lebanon Road. The school’s pedestrians and
bicyclists primarily use the underpass connection to access the school, as encouraged by School
Staff. With the significant group of pedestrians and bicyclists, vehicular traffic is manageable and no
significant vehicular traffic pattern concerns were observed. Frequently, golf carts were used to drop
off and pick up students from the nearby neighborhoods.
Lowell H. Strike Middle School
Similar to Prestwick Elementary School, there is a large portion of students who arrive to and depart
from the campus as pedestrians and bicyclists using sidewalks. There are typically two (2) crossing
guards managing the intersection of Lebanon Road & Scotty’s Lake Lane during arrival and dismissal
periods. Because there is no sidewalk on the north side of Lebanon Road west of Scotty’s Lake Lane,
all pedestrians and bicyclists are directed across the intersection by the crossing guards when
commuting between the school and the neighborhoods to the west. A portion of the school’s
pedestrians were identified accessing Bankside, where vehicles avoiding on-site school traffic were
waiting to pick up students. Vehicular traffic patterns were observed as satisfactory considering
school conditions at the intersection of Lebanon Road & Scotty’s Lake Lane and are anticipated to
improve with completion of the pick-up/drop-off ramp currently being constructed along Lebanon
Road. Vehicles were observed attempting to make the westbound right-turn movement on red at
Lebanon Road & Scotty’s Lake Lane, suggesting potential safety pedestrian concerns.
Crosswalks
There are no mid-block crossings provided in the study area. The only crossings available for
pedestrians to navigate across Lebanon Road are at the Prestwick Elementary School underpass
and Lebanon Road & Scotty’s Lake Lane signalized intersection. Best practices recommend
crossings every 0.25-0.5 miles. Additionally, sidewalks/trails connecting across driveways are
inconsistently marked. Some driveway crossings, such as the north and south legs of Lebanon Road
& Stonefield, are clearly marked and identified as pedestrian crossings, while others are not
delineated with paint, brick pavers, etc. as shown below. The Existing Conditions map in the
Attachments presents the existing marked crossings and distances of separation between
crosswalks.
Marked Pedestrian Crossings Example
Lebanon Road & Stonefield has marked pedestrian
crossings for the minor roads, promoting pedestrian safety
and driver attentiveness.
Unmarked Pedestrian Crossings Example
Lebanon Road & Bonnybank does not have marked
pedestrian crossings for the minor roads, despite having
existing pedestrian infrastructure.
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Sidewalks
Southwest of Bridge Lane, no sidewalks are provided. Sidewalks are provided along both sides of
Lebanon Road from Bridge Lane to Bankside. Between Bankside and Scotty’s Lake Lane, sidewalk is
provided on the south side of Lebanon Road, but no sidewalk currently exists along the north side of
the roadway. East of Scotty’s Lake Lane, sidewalk is provided on the north side of Lebanon Road, but
no sidewalk currently exists on the south side of the roadway within the study area. Crosswalks to
connect the north and south sides of Lebanon Road within the study area are only provided at the
underpass near Prestwick Elementary School and the signalized intersection at Scotty’s Lake Lane.
Based on field observations, the existing sidewalks are in generally good condition, with potential
improvements in the frequency of crossings to achieve a spacing of 0.25-0.5 per best practices,
sidewalk locations to enhance connectivity where sidewalks are currently absent, and universal
driveway accommodations to delineate crossings for pedestrian safety. The Existing Conditions Map
in the Attachments illustrates existing sidewalks.
Speeds
The posted speed limit along Lebanon Road is 45 mph from FM 423 to approximately 700 feet east of
Scotty’s Lake Lane, where the speed limit drops to 35 mph during typical operations. During the
Lowell H. Strike Middle School’s arrival and dismissal hours, a 20-mph school zone is active.
Lebanon Road continues at 35 mph past Prestwick Elementary School, at which there is a 20-mph
school zone during the arrival and dismissal hours. Based on the speed data collection, the 85th
percentile speeds along Lebanon Road are within 5 mph of the posted speed limits. The Existing
Conditions Map in the Attachments provides traffic volume counts and speed data.
Based on field observations and speed data collection, the majority of traffic near Prestwick
Elementary School remains within 5 mph above the school zone speed limit during arrival and
dismissal periods, while the majority of traffic near Lowell H. Strike Middle School travels greater than
5 mph above the school zone speed limit during the arrival and dismissal periods.
OVERVIEW OF BEST PRACTICES
Research was reviewed on practices for evaluating and improving pedestrian crossings in major
pedestrian-friendly cities in the United States, including Chicago and Boston. The following section
documents the best practices identified.
The research indicated that midblock crossings are only appropriate at locations with adequate sight
distance. Once adequate sight distance has been confirmed, the “Guidelines for Pedestrian Crossing
Treatments” worksheet—developed in conjunction with NCHRP Report 562—is a tool that can be
used to evaluate midblock crossings to determine what type of pedestrian treatments should be
provided based on the following input values:
· 85th percentile speed;
· Population of surrounding area;
· Peak-hour pedestrian volume;
· Peak-hour major road volume;
· Pedestrian crossing distance;
· Pedestrian walking speed;
· Pedestrian start-up time and end clearance time; and
·Expected motorist compliance at pedestrian crossing.
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The worksheet then classifies the crossings into “Red”, “Yellow”, and “Green” categories to represent
different pedestrian treatment types, including:
· Green
o Standard – encompasses standard markings, curb ramps, and pedestrian crossing signs
· Yellow
o Active – includes devices designed to display a warning only when pedestrians are
present or crossing the street with curb ramps
o Enhanced – involves the use of constant warning signs, markings, or beacons to improve
visibility
· Red
o Red Indications or Traffic Signal – includes devices that display a circular red indication
to motorists OR the installation of a traffic signal
TREATMENT EVALUATIONS
In order to analyze pedestrian crossings for appropriate treatments, the following data is required:
85th percentile speed, peak hour volume counts, crossing distance, and peak hour pedestrian counts.
Exhibits 1-3 summarize crossing treatment assessment based on the aforementioned variables.
· Lower speed roads (85th percentile speed of 35 mph or less) can accommodate a higher
pedestrian volume proportional to the major road volume than at greater speeds. With
roadways divided with a median such as Lebanon Road, crossing distance can be
significantly reduced with the installation of pedestrian refuges in the median. No major
crossing improvements are recommended if the pedestrian volume is less than 20
pedestrians during the peak hour. Crosswalks are recommended for lower pedestrian and/or
vehicle roads. Higher pedestrian and vehicle volumes warrant improved pedestrian crossing
techniques like active/enhanced crosswalks and ultimately a red indication / signal.
Exhibit 1 – Pedestrian Crossing Treatment Criteria for Low-Speed Roadways (< 35 mph)
Assuming Pedestrian Refuges
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· Higher speed roads (85th percentile speed greater than 40 mph) require more innovative
crosswalks comparable to lower speed facilities. No crossing improvements are
recommended if the pedestrian crossing volume is less than 14 pedestrians during the peak
hour. “Yellow” or “Red” category crossings are necessary for crossings with 14 or more
pedestrians regardless of the vehicular volume.
Exhibit 2 – Pedestrian Crossing Treatment Criteria for High-Speed Roadways
(> 35 mph) Assuming Pedestrian Refuges
· If pedestrian refuges are not installed in the medians on a high-speed roadway, the crossing
distance for pedestrians is substantially larger and therefore crosswalk treatments are
warranted under stricter requirements to protect pedestrians. No crossing improvements are
recommended if the pedestrian volume is less than 14 pedestrians during the peak hour.
“Yellow” or “Red” category crossings are necessary for crossings with more than 14
pedestrians regardless of the vehicular volume.
Exhibit 3 – Pedestrian Crossing Treatment Criteria for High-Speed Roadways (> 35 mph)
Assuming No Pedestrian Refuges
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LEBANON ROAD PEDESTRIAN EVALUATION
When considering pedestrian crossing locations, crossings were considered at the Lebanon Road
intersections with Bridge Lane, Waverly, and Prescott. These three locations were determined based
on existing crossing locations, available sight distance, intersection geometry, and to meet the
recommended crossing frequency every 0.25-0.5 miles.
The Future Conditions Map in the Attachments provides the proposed crosswalk locations with
updated ranges, along with recommendations to install additional marked driveway crossings and
sidewalk continuity.
LEBANON ROAD PEDESTRIAN RECOMMENDATIONS
While the speed limit along Lebanon Road is currently 35 mph, based on data collected on October
20, 2022, the 85th percentile speed ranges from 37 mph to 48 mph within the study area. Additionally,
all proposed crossings are recommended to be installed with pedestrian refuges to reduce the
pedestrian crossing distances. As a result,Exhibit 2 – Pedestrian Crossing Treatment Criteria for
High-Speed Roadways Assuming Pedestrian Refuges should be utilized.
Because the crossing locations are proposed at new crossing locations and based on field
observations, crossing volumes of 20 pedestrians per hour were assumed at the proposed locations.
Future crossing volumes between 14 and approximately 100 pedestrians per hour will warrant the
same crossing treatments based on the other intersections’ variables. Therefore, it is anticipated that
as the area continues to develop, the pedestrian crossing treatments will continue to be met. An
example pedestrian crossing worksheet is provided in the Attachments.
Based on the pedestrian crossing variables, the following crossing treatments are anticipated to be
warranted at the Lebanon Road intersections with Bridge Lane, Waverly, and Prescott:
·Lebanon Road & Bridge Lane – While the existing pedestrian volumes likely would not
warrant a “Yellow” active or enhanced crossing treatment, it is anticipated that as future
developments are constructed to the west (townhomes, hotel, marina), pedestrian and
vehicular volumes will increase to warrant “Yellow” crossing treatment (14 or greater
pedestrians).
o Because the nearest crossing is the underpass at Prestwick Elementary School more
than a mile away, it is recommended that a crossing be installed in existing
conditions with a pedestrian refuge in the median.
o Pedestrian volumes should continue to be monitored. When peak pedestrian
crossing volumes are regularly 14 or greater per hour, active or enhanced crossings
should be considered, such as a rectangular rapid flashing beacon (RRFB).
o As development is constructed, it is recommended that sidewalk be constructed west
of Bridge Lane to encourage pedestrian continuity.
o The pedestrian crossings across Bridge Lane between the existing ramps is
recommended to be marked with striping.
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·Lebanon Road & Waverly – The installation of a crossing is anticipated to exceed 20
pedestrian crossings per hour in existing conditions, so the installation of a “Yellow” crossing
treatment, such as an RRFB, is recommended.
o Because the nearest crosswalk is the underpass at Prestwick Elementary School
approximately 0.5 miles away, a crossing at Westerly is anticipated to service
significant neighborhood pedestrian traffic.
o Crossing installation should include pedestrian refuges in the Lebanon Road median.
·Lebanon Road & Prescott – The installation of a crossing is anticipated to exceed 20
pedestrian crossings per hour in existing conditions, so the installation of a “Yellow” crossing
treatment, such as an RRFB, is recommended.
o The installation of a crossing at Prescott is anticipated to service significant
neighborhood and school pedestrian traffic.
o Crossing installation should include pedestrian refuges in the Lebanon Road median.
o The pedestrian crossing across Prescott between the existing ramps is
recommended to be marked with striping.
o With the development of the land northwest of Lebanon Road & Scotty’s Lane Lane,
it is recommended that sidewalk be installed on the north side to provide continuity
and access to the proposed Prescott crossing.
o It is recommended that the pedestrian crossings across the minor streets along
Lebanon Road be marked with striping.
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ATTACHMENTS
-Raw Traffic Data
-Existing Conditions Map
-Future Conditions Map
-Example Pedestrian Crossing Worksheet
45
Page 1
1 - LEBANON RD BTWN LAKESHORE & VENTANA DR - SPEED W 4 SEC FILTER
Longitude: 97' 7.3201 West
Station ID:
Latitude: 32' 43.5395 North
GRAM Traffic North Texas, Inc.
1120 W Lovers Lane
Arlington, TX 76013
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent
10/20/22 *****************
01:00 *****************
02:00 *****************
03:00 *****************
04:00 *****************
05:00 *****************
06:00 *****************
07:00 *****************
08:00 *****************
09:00 *****************
10:00 0 0 0 1 5 20 75 96 27 3 0 0 0 0 227 49 53
11:00 0 0 1 0 4 22 67 104 29 6 0 1 0 1 235 50 54
12 PM 0 0 0 2 3 23 65 91 28 8 1 0 0 0 221 50 54
13:00 0 3 0 1 3 17 80 87 26 2 0 0 0 0 219 49 53
Total 0 3 1 4 15 82 287 378 110 19 1 1 0 1 902
Percent 0.0%0.3%0.1%0.4%1.7%9.1%31.8%41.9%12.2%2.1%0.1%0.1%0.0%0.1%
AM Peak 11:00 10:00 10:00 11:00 10:00 11:00 11:00 11:00 11:00 11:00 11:00
Vol. 1 1 5 22 75 104 29 6 1 1 235
PM Peak 13:00 12:00 12:00 12:00 13:00 12:00 12:00 12:00 12:00 12:00
Vol. 3 2 3 23 80 91 28 8 1 221
Total 0 3 1 4 15 82 287 378 110 19 1 1 0 1 902
Percent 0.0%0.3%0.1%0.4%1.7%9.1%31.8%41.9%12.2%2.1%0.1%0.1%0.0%0.1%
15th Percentile : 40 MPH
50th Percentile : 45 MPH
85th Percentile : 49 MPH
95th Percentile : 53 MPH
Stats 10 MPH Pace Speed : 41-50 MPH
Number in Pace : 665
Percent in Pace : 73.7%
Number of Vehicles > 55 MPH : 22
Percent of Vehicles > 55 MPH : 2.4%
Mean Speed(Average) : 46 MPH
46
Page 2
1 - LEBANON RD BTWN LAKESHORE & VENTANA DR - SPEED W 4 SEC FILTER
Longitude: 97' 7.3201 West
Station ID:
Latitude: 32' 43.5395 North
GRAM Traffic North Texas, Inc.
1120 W Lovers Lane
Arlington, TX 76013
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent
10/20/22 *****************
01:00 *****************
02:00 *****************
03:00 *****************
04:00 *****************
05:00 *****************
06:00 *****************
07:00 *****************
08:00 *****************
09:00 *****************
10:00 0 0 0 1 5 37 107 34 4 0 0 0 0 0 188 46 49
11:00 0 0 0 0 3 42 102 49 4 1 0 0 0 0 201 47 49
12 PM 0 0 0 0 3 36 109 42 5 1 0 0 0 0 196 47 49
13:00 0 0 0 0 6 42 117 35 3 1 1 0 0 0 205 46 49
Total 0 0 0 1 17 157 435 160 16 3 1 0 0 0 790
Percent 0.0%0.0%0.0%0.1%2.2%19.9%55.1%20.3%2.0%0.4%0.1%0.0%0.0%0.0%
AM Peak 10:00 10:00 11:00 10:00 11:00 10:00 11:00 11:00
Vol. 1 5 42 107 49 4 1 201
PM Peak 13:00 13:00 13:00 12:00 12:00 12:00 13:00 13:00
Vol. 6 42 117 42 5 1 1 205
Total 0 0 0 1 17 157 435 160 16 3 1 0 0 0 790
Percent 0.0%0.0%0.0%0.1%2.2%19.9%55.1%20.3%2.0%0.4%0.1%0.0%0.0%0.0%
15th Percentile : 38 MPH
50th Percentile : 42 MPH
85th Percentile : 46 MPH
95th Percentile : 49 MPH
Stats 10 MPH Pace Speed : 41-50 MPH
Number in Pace : 595
Percent in Pace : 75.3%
Number of Vehicles > 55 MPH : 4
Percent of Vehicles > 55 MPH : 0.5%
Mean Speed(Average) : 43 MPH
47
Page 3
1 - LEBANON RD BTWN LAKESHORE & VENTANA DR - SPEED W 4 SEC FILTER
Longitude: 97' 7.3201 West
Station ID:
Latitude: 32' 43.5395 North
GRAM Traffic North Texas, Inc.
1120 W Lovers Lane
Arlington, TX 76013
EB, WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent
10/20/22 *****************
01:00 *****************
02:00 *****************
03:00 *****************
04:00 *****************
05:00 *****************
06:00 *****************
07:00 *****************
08:00 *****************
09:00 *****************
10:00 0 0 0 2 10 57 182 130 31 3 0 0 0 0 415 48 52
11:00 0 0 1 0 7 64 169 153 33 7 0 1 0 1 436 49 52
12 PM 0 0 0 2 6 59 174 133 33 9 1 0 0 0 417 49 53
13:00 0 3 0 1 9 59 197 122 29 3 1 0 0 0 424 48 52
Total 0 3 1 5 32 239 722 538 126 22 2 1 0 1 1692
Percent 0.0%0.2%0.1%0.3%1.9%14.1%42.7%31.8%7.4%1.3%0.1%0.1%0.0%0.1%
AM Peak 11:00 10:00 10:00 11:00 10:00 11:00 11:00 11:00 11:00 11:00 11:00
Vol. 1 2 10 64 182 153 33 7 1 1 436
PM Peak 13:00 12:00 13:00 12:00 13:00 12:00 12:00 12:00 12:00 13:00
Vol. 3 2 9 59 197 133 33 9 1 424
Total 0 3 1 5 32 239 722 538 126 22 2 1 0 1 1692
Percent 0.0%0.2%0.1%0.3%1.9%14.1%42.7%31.8%7.4%1.3%0.1%0.1%0.0%0.1%
15th Percentile : 39 MPH
50th Percentile : 43 MPH
85th Percentile : 49 MPH
95th Percentile : 52 MPH
Stats 10 MPH Pace Speed : 41-50 MPH
Number in Pace : 1260
Percent in Pace : 74.5%
Number of Vehicles > 55 MPH : 26
Percent of Vehicles > 55 MPH : 1.5%
Mean Speed(Average) : 45 MPH
48
Page 1
2 - LEBANON RD JUST E OF SCOTTY'S LAKE LN - SPEED W 4 SEC FILTER
Longitude: 97' 7.3219 West
Station ID:
Latitude: 32' 43.5407 North
GRAM Traffic North Texas, Inc.
1120 W Lovers Lane
Arlington, TX 76013
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent
10/20/22 *****************
01:00 *****************
02:00 *****************
03:00 *****************
04:00 *****************
05:00 *****************
06:00 *****************
07:00 *****************
08:00 *****************
09:00 *****************
10:00 0 0 0 1 10 55 126 46 7 0 0 0 0 0 245 46 49
11:00 0 0 0 0 4 42 108 74 19 2 0 0 0 0 249 48 52
12 PM 0 0 2 3 7 45 104 64 13 0 1 0 0 0 239 48 50
13:00 0 0 0 0 7 37 104 65 7 1 0 1 0 0 222 48 49
Total 0 0 2 4 28 179 442 249 46 3 1 1 0 0 955
Percent 0.0%0.0%0.2%0.4%2.9%18.7%46.3%26.1%4.8%0.3%0.1%0.1%0.0%0.0%
AM Peak 10:00 10:00 10:00 10:00 11:00 11:00 11:00 11:00
Vol. 1 10 55 126 74 19 2 249
PM Peak 12:00 12:00 12:00 12:00 12:00 13:00 12:00 13:00 12:00 13:00 12:00
Vol. 2 3 7 45 104 65 13 1 1 1 239
Total 0 0 2 4 28 179 442 249 46 3 1 1 0 0 955
Percent 0.0%0.0%0.2%0.4%2.9%18.7%46.3%26.1%4.8%0.3%0.1%0.1%0.0%0.0%
15th Percentile : 38 MPH
50th Percentile : 42 MPH
85th Percentile : 48 MPH
95th Percentile : 50 MPH
Stats 10 MPH Pace Speed : 41-50 MPH
Number in Pace : 691
Percent in Pace : 72.4%
Number of Vehicles > 55 MPH : 5
Percent of Vehicles > 55 MPH : 0.5%
Mean Speed(Average) : 44 MPH
49
Page 2
2 - LEBANON RD JUST E OF SCOTTY'S LAKE LN - SPEED W 4 SEC FILTER
Longitude: 97' 7.3219 West
Station ID:
Latitude: 32' 43.5407 North
GRAM Traffic North Texas, Inc.
1120 W Lovers Lane
Arlington, TX 76013
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent
10/20/22 *****************
01:00 *****************
02:00 *****************
03:00 *****************
04:00 *****************
05:00 *****************
06:00 *****************
07:00 *****************
08:00 *****************
09:00 *****************
10:00 0 0 0 1 18 75 76 9 1 0 0 0 0 0 180 43 45
11:00 0 0 0 1 21 88 79 15 0 0 0 0 0 0 204 44 46
12 PM 1 1 0 4 18 99 74 10 1 1 0 0 0 0 209 43 45
13:00 2 1 0 1 21 111 77 13 0 0 0 0 0 0 226 43 45
Total 3 2 0 7 78 373 306 47 2 1 0 0 0 0 819
Percent 0.4%0.2%0.0%0.9%9.5%45.5%37.4%5.7%0.2%0.1%0.0%0.0%0.0%0.0%
AM Peak 10:00 11:00 11:00 11:00 11:00 10:00 11:00
Vol. 1 21 88 79 15 1 204
PM Peak 13:00 12:00 12:00 13:00 13:00 13:00 13:00 12:00 12:00 13:00
Vol.2 1 4 21 111 77 13 1 1 226
Total 3 2 0 7 78 373 306 47 2 1 0 0 0 0 819
Percent 0.4%0.2%0.0%0.9%9.5%45.5%37.4%5.7%0.2%0.1%0.0%0.0%0.0%0.0%
15th Percentile : 35 MPH
50th Percentile : 39 MPH
85th Percentile : 43 MPH
95th Percentile : 45 MPH
Stats 10 MPH Pace Speed : 36-45 MPH
Number in Pace : 679
Percent in Pace : 82.9%
Number of Vehicles > 55 MPH : 1
Percent of Vehicles > 55 MPH : 0.1%
Mean Speed(Average) : 40 MPH
50
Page 3
2 - LEBANON RD JUST E OF SCOTTY'S LAKE LN - SPEED W 4 SEC FILTER
Longitude: 97' 7.3219 West
Station ID:
Latitude: 32' 43.5407 North
GRAM Traffic North Texas, Inc.
1120 W Lovers Lane
Arlington, TX 76013
EB, WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent
10/20/22 *****************
01:00 *****************
02:00 *****************
03:00 *****************
04:00 *****************
05:00 *****************
06:00 *****************
07:00 *****************
08:00 *****************
09:00 *****************
10:00 0 0 0 2 28 130 202 55 8 0 0 0 0 0 425 44 48
11:00 0 0 0 1 25 130 187 89 19 2 0 0 0 0 453 47 49
12 PM 1 1 2 7 25 144 178 74 14 1 1 0 0 0 448 46 49
13:00 2 1 0 1 28 148 181 78 7 1 0 1 0 0 448 46 49
Total 3 2 2 11 106 552 748 296 48 4 1 1 0 0 1774
Percent 0.2%0.1%0.1%0.6%6.0%31.1%42.2%16.7%2.7%0.2%0.1%0.1%0.0%0.0%
AM Peak 10:00 10:00 10:00 10:00 11:00 11:00 11:00 11:00
Vol. 2 28 130 202 89 19 2 453
PM Peak 13:00 12:00 12:00 12:00 13:00 13:00 13:00 13:00 12:00 12:00 12:00 13:00 12:00
Vol.2 1 2 7 28 148 181 78 14 1 1 1 448
Total 3 2 2 11 106 552 748 296 48 4 1 1 0 0 1774
Percent 0.2%0.1%0.1%0.6%6.0%31.1%42.2%16.7%2.7%0.2%0.1%0.1%0.0%0.0%
15th Percentile : 36 MPH
50th Percentile : 41 MPH
85th Percentile : 46 MPH
95th Percentile : 49 MPH
Stats 10 MPH Pace Speed : 36-45 MPH
Number in Pace : 1300
Percent in Pace : 73.3%
Number of Vehicles > 55 MPH : 6
Percent of Vehicles > 55 MPH : 0.3%
Mean Speed(Average) : 42 MPH
51
Page 1
3 - LEBANON RD JUST S OF BANKSIDE - SPEED W 4 SEC FILTER
Longitude: 0' 0.0000 East
Station ID:
Latitude: 0' 0.0000 South
GRAM Traffic North Texas, Inc.
1120 W Lovers Lane
Arlington, TX 76013
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent
10/20/22 *****************
01:00 *****************
02:00 *****************
03:00 *****************
04:00 *****************
05:00 *****************
06:00 *****************
07:00 *****************
08:00 *****************
09:00 *****************
10:00 0 0 3 27 80 57 4 0 0 0 0 0 0 0 171 38 39
11:00 0 1 3 25 93 44 7 0 0 0 0 0 0 0 173 37 39
12 PM 1 0 1 21 86 44 4 0 0 0 0 0 0 0 157 37 39
13:00 0 1 2 22 106 32 4 0 0 0 0 0 0 0 167 36 39
Total 1 2 9 95 365 177 19 0 0 0 0 0 0 0 668
Percent 0.1%0.3%1.3%14.2%54.6%26.5%2.8%0.0%0.0%0.0%0.0%0.0%0.0%0.0%
AM Peak 11:00 10:00 10:00 11:00 10:00 11:00 11:00
Vol. 1 3 27 93 57 7 173
PM Peak 12:00 13:00 13:00 13:00 13:00 12:00 12:00 13:00
Vol.1 1 2 22 106 44 4 167
Total 1 2 9 95 365 177 19 0 0 0 0 0 0 0 668
Percent 0.1%0.3%1.3%14.2%54.6%26.5%2.8%0.0%0.0%0.0%0.0%0.0%0.0%0.0%
15th Percentile : 29 MPH
50th Percentile : 33 MPH
85th Percentile : 37 MPH
95th Percentile : 39 MPH
Stats 10 MPH Pace Speed : 31-40 MPH
Number in Pace : 542
Percent in Pace : 81.1%
Number of Vehicles > 55 MPH : 0
Percent of Vehicles > 55 MPH : 0.0%
Mean Speed(Average) : 34 MPH
52
Page 2
3 - LEBANON RD JUST S OF BANKSIDE - SPEED W 4 SEC FILTER
Longitude: 0' 0.0000 East
Station ID:
Latitude: 0' 0.0000 South
GRAM Traffic North Texas, Inc.
1120 W Lovers Lane
Arlington, TX 76013
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent
10/20/22 *****************
01:00 *****************
02:00 *****************
03:00 *****************
04:00 *****************
05:00 *****************
06:00 *****************
07:00 *****************
08:00 *****************
09:00 *****************
10:00 0 1 1 5 37 56 18 3 0 0 0 0 0 0 121 40 44
11:00 0 0 0 8 46 69 19 1 0 0 0 0 0 0 143 39 43
12 PM 0 1 1 15 47 58 20 6 0 0 0 0 0 0 148 40 44
13:00 0 2 1 11 34 68 21 3 0 0 1 0 0 0 141 40 44
Total 0 4 3 39 164 251 78 13 0 0 1 0 0 0 553
Percent 0.0%0.7%0.5%7.1%29.7%45.4%14.1%2.4%0.0%0.0%0.2%0.0%0.0%0.0%
AM Peak 10:00 10:00 11:00 11:00 11:00 11:00 10:00 11:00
Vol. 1 1 8 46 69 19 3 143
PM Peak 13:00 12:00 12:00 12:00 13:00 13:00 12:00 13:00 12:00
Vol. 2 1 15 47 68 21 6 1 148
Total 0 4 3 39 164 251 78 13 0 0 1 0 0 0 553
Percent 0.0%0.7%0.5%7.1%29.7%45.4%14.1%2.4%0.0%0.0%0.2%0.0%0.0%0.0%
15th Percentile : 31 MPH
50th Percentile : 36 MPH
85th Percentile : 40 MPH
95th Percentile : 44 MPH
Stats 10 MPH Pace Speed : 31-40 MPH
Number in Pace : 415
Percent in Pace : 75.0%
Number of Vehicles > 55 MPH : 1
Percent of Vehicles > 55 MPH : 0.2%
Mean Speed(Average) : 37 MPH
53
Page 3
3 - LEBANON RD JUST S OF BANKSIDE - SPEED W 4 SEC FILTER
Longitude: 0' 0.0000 East
Station ID:
Latitude: 0' 0.0000 South
GRAM Traffic North Texas, Inc.
1120 W Lovers Lane
Arlington, TX 76013
EB, WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 85th 95th
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Percent Percent
10/20/22 *****************
01:00 *****************
02:00 *****************
03:00 *****************
04:00 *****************
05:00 *****************
06:00 *****************
07:00 *****************
08:00 *****************
09:00 *****************
10:00 0 1 4 32 117 113 22 3 0 0 0 0 0 0 292 39 42
11:00 0 1 3 33 139 113 26 1 0 0 0 0 0 0 316 39 42
12 PM 1 1 2 36 133 102 24 6 0 0 0 0 0 0 305 39 43
13:00 0 3 3 33 140 100 25 3 0 0 1 0 0 0 308 39 42
Total 1 6 12 134 529 428 97 13 0 0 1 0 0 0 1221
Percent 0.1%0.5%1.0%11.0%43.3%35.1%7.9%1.1%0.0%0.0%0.1%0.0%0.0%0.0%
AM Peak 10:00 10:00 11:00 11:00 10:00 11:00 10:00 11:00
Vol. 1 4 33 139 113 26 3 316
PM Peak 12:00 13:00 13:00 12:00 13:00 12:00 13:00 12:00 13:00 13:00
Vol.1 3 3 36 140 102 25 6 1 308
Total 1 6 12 134 529 428 97 13 0 0 1 0 0 0 1221
Percent 0.1%0.5%1.0%11.0%43.3%35.1%7.9%1.1%0.0%0.0%0.1%0.0%0.0%0.0%
15th Percentile : 30 MPH
50th Percentile : 34 MPH
85th Percentile : 39 MPH
95th Percentile : 42 MPH
Stats 10 MPH Pace Speed : 31-40 MPH
Number in Pace : 957
Percent in Pace : 78.4%
Number of Vehicles > 55 MPH : 1
Percent of Vehicles > 55 MPH : 0.1%
Mean Speed(Average) : 35 MPH
54
Castlebridge
M i l t o n
W a v e r l y
Castle
b
r
i
d
g
e
I
v
e
y
R
egent
I
s
leofSkye
W a t e r f o r d
Windsor
HaddingtonCumberland
Newton
BridgeLn
Lebanon R d
L e b a n o n R d
C a s t l e b r i d g e
I
v
e
y
K
i
n
g
s
b
a
r
n
s
L i n k s
Boyd Rd
Boyd
Rd
Waterside
Ashford
Bellevue
Old Amer ic a n
Go lf Cl ub
Bo yd Rd
Lochside
Bowmare
Blackhall
Inver
n
e
s
s L a d y b a n k
A d e l a i d e
K e n n o w a y
L i t t l e M l
LebanonRd
A b e r d e e n D r
A v o n d a l e
G
lenturr e t C ir
M i l l b a n k
H
a
y
w
ic
k
H
a
y
w
ic
k K in g s b a r n s
B
al
m
e
rin
o
L
n
L e b a n o n R d
C
alla
n
d
e
r
W
a
v e
rly
Lin
k
w
o
od
J
a
c
k
s
B
a
nk
Lebanon Road Pedestrian Study
Existing Conditions Map (West)
February 2023 ±0 500250
Feet
Legend
Crossing Type
Marked Crossing
Underpass
Crossing Distance
Less than 0.25 Miles
Between 0.25-0.5 Miles
Greater than 0.5 Miles
Existing Sidewalks
(White)
55
W e s t e r n W
e
m
b
l
e
y
H a v e r h i l l
Lochside
Bowmare
Inverness
I
n
v
e
r
n
e
s
s
I
n
v
e
r
n
e
s
s
Huntly
Dunbar Ct
R
o
s
e
b
a
n
k
L a d y b a n k
Kir k f ield C t
A s h l e y G d n s
Bankside
Bankside
K e n n o w a y
Lebanon
Rd
Lebanon
Rd
Aber d e e n D r
Lindsay
Gdns
Dun v e r n y
Prescott
S
t
o
n
e
fi
e
l
d
Telford
B u r nley
Wembley
H a n o v e r C t
Warrington
O x f o r d
W L e b a n o n R d W L e b a n o n R d
S
c
o
t
t
y
s
L
a
k
e
L
n
V
e
n
t
a
n
a
D
r
Pine
Ln
K r u g e r L n
T w i n H a r b o r s D r
H
a
v
a
s
u
D
r
R o m a D r
B r e a k w a t e r Dr
L a dybank
A d e l a i d e
Birmington
K e nnoway
Wakefield
PineLn
N
o
r
w
i
c
h
Manchester
Nottingham
Ce
d
a
r
Ln
C r y s t a l L a k e D r
W L e b a n o n R d
H i g h la n d s D r
Lebanon Road Pedestrian Study
Existing Conditions Map (East)
February 2023 ±0 500250
Feet
Prestwick
Elementary
School
Legend
Crossing Type
Marked Crossing
Underpass
Crossing Distance
Less than 0.25 Miles
Between 0.25-0.5 Miles
Greater than 0.5 Miles
Existing Sidewalks
(White)
Lowell H. Strike
Middle School
24-Hour Vol Peak Hr Vol (Start)
Peak Hr Vol (Start)
85th % Speed
24-Hour VolPeak Hr Vol (Start)
Peak Hr Vol (Start)
85th % Speed
7,624 veh 783 veh (7:45 AM)
785 veh (4:30 PM)
48 MPH
7,612 veh592 veh (7:45 AM)
743 veh (5:15 PM)
43 MPH
8,076 veh 836 veh (7:45 AM)
810 veh (4:30 PM)
49 MPH
8,015 veh623 veh (8:00 AM)
792 veh (5:15 PM)
46 MPH
3,013 veh 272 veh (7:45 AM)
270 veh (4:30 PM)
37 MPH
2,974 veh184 veh (8:00 AM)
283 veh (5:15 PM)
40 MPH
56
Castlebridge
M i l t o n
W a v e r l y
Castl
e
b
r
i
d
g
e
I
v
e
y
R
egent
I
s
l
eofSkye
W a t e r f o r d
Windsor
HaddingtonCumberland
Newton
BridgeLn
Lebanon R d
L e b a n o n R d
C a s t l e b r i d g e
I
v
e
y
K
i
n
g
s
b
a
r
n
s
L i n k s
Boyd Rd
Boyd
Rd
Waterside
Ashford
Bellevue
Old A m er i c an
Golf C lu b
B oy d Rd
Lochside
Bowmare
Blackhall
Inve
r
n
e
s
s L a d y b a n k
A d e l a i d e
K e n n o w a y
L i t t l e M l
LebanonRd
A b e r d e e n D r
A v o n d a l e
Glenturr e t C ir
M i l l b a n k
H
a
y
w
ic
k
H
a
y
w
ic
k K in g s b a r n s
B
al
m
e
rin
o
L
n
L e b a n o n R d
C
alla
n
d
e
r
W
a v e
rly
Lin
k
w
o
od
J
a
c
k
s
B
a
nk
Lebanon Road Pedestrian Study
Future Conditions Map (West)
February 2023 ±0 500250
Feet
Legend
Type
Marked Crossing
Underpass
Future
Crossing Distance
Less than 0.25 Miles
Between 0.25-0.5 Miles
Greater than 0.5 Miles
Scenario
Existing (White)
Future
Install/Stripe
Pedestrian
Crossings with
Median Refuges
Install Pedestrian
Crossings with
Median Refuges
and an RRFB
57
P
a
i
s
l
e
y
W e s t e r n W
e
m
b
l
e
y
H a v e r h i l l
Lochside
Bowmare
Blackhall
Inverness
I
n
v
e
r
n
e
s
s
I
nv
e
r
n
e
s
s
Huntly
Dunbar Ct
R
o
s
e
b
a
n
k
L a d y b a n k
Kirk f i eld C t
A s h l e y G d n s
Bankside
Bankside
K e n n o w a y
L i t t l e M l
LebanonRd
Lebanon
Rd
A b e r d e e n D r
Lindsay
Gdns
S p e y b u r n
D u n v e r n y
Prescott
S
t
o
n
e
fi
e
l
d
Telford
B u r nley
P a i s l e y
W estern
Wembley
H a n o v e r C t
Warrington
O x f o r d
W L e b a n o n R d W L e b a n o n R d
S
c
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t
t
y
s
L
a
k
e
L
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V
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n
t
a
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a
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Pine
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K r u g e r L n
T w i n H a r b o r s D r
H
a
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s
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R o m a D r
B r e a k w a t e r Dr
L a dybank
A d e l a i d e
Birmington
K e nnoway
Wakefield
PineLn
N
o
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w
ic
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Manchester
Nottingham
Ce
d
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r
Ln
Lebanon Road Pedestrian Study
Future Conditions Map (East)
February 2023 ±0 500250
Feet
Prestwick
Elementary
School
Legend
Type
Marked Crossing
Underpass
Future
Crossing Distance
Less than 0.25 Miles
Between 0.25-0.5 Miles
Greater than 0.5 Miles
Scenario
Existing (White)
Future
Lowell H. Strike
Middle School
Install/Stripe
Pedestrian
Crossings with
Median Refuges
and an RRFB
58
Analyst Name Major Street
Analysis Date Minor Street or Location
48 mph
20 peds/hr
24 feet
Speed: 85th percentile speed if known, or posted or statutory speed limit on the major street (mph)
Treatment Recommendation ACTIVE OR ENHANCED
Pedestrian Volume: pedestrian crossings per hour in peak hour
This worksheet provides general recommendations on pedestrian crossing treatments to consider at unsignalized intersections; in all cases,
engineering judgment should be used in selecting a specific treatment for installation. In addition to the results provided by this worksheet, users
should consider whether a pedestrian treatment could present an increased safety risk to pedestrians, such as where there is poor sight distance,
complex geometrics, or nearby traffic signals.
785 vehicles/hrVehicle Volume: total peak hour volume of both approaches OR approach being crossed
if refgue island is present
Crossing Distance:curb to curb pedestrian crossing distance (feet)
Crossing Treatment Tool
Analyst and Site Information
Lebanon Road
Prescott (Eastbound)
Kimley-Horn
Jan-23
Fill in information in green boxes below to determine what treatment type is most appropriate for the crossing location in
question
0
100
200
300
400
500
600
700
1 300 600 900 1200 1500 1800 2100
Pedestrian
Volume
(ped/h)
Major Road Volume (veh/h)
Spreadsheet developed by
Texas Transportation Institute Printed 1/20/2023
PED-CROSSING v 0.5
(Released August 2007)
59
60
61
62
FINANCIAL SUMMARY:
Are budgeted funds available: Yes
Amount budgeted/available: $100,000.00
Source of Funds: 895-669-6672-2467 (RRFB Pedestrian Crossing)
Cost of recommended purchase of equipment: $57,150.00
Total estimated project cost:
$ 57,150.00 RRFB Pedestrian Crossing Already authorized YES NO
$ 57,150.00 Total estimated costs
63
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 ISSUE A
PURCHASE ORDER TO PARADIGM TRAFFIC SYSTEMS FOR
RECTANGULAR RAPID FLASHING BEACONS (RRFBS) TO ENHANCE
PEDESTRIAN SAFETY AT TWO DESIGNATED LOCATIONS ALONG
LEBANON ROAD; 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 in the amount of $57,150.00 for Rectangular Rapid
Flashing Beacons (RRFBs) to enhance pedestrian safety at two designated locations along
Lebanon Road.
Section 2. That the City Manager or his designee are authorized to issue said purchase
order.
Section 3.This resolution shall take effect immediately from and after its adoption and
it is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 7TH DAY OF MAY 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
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Agenda Item No:4.5
CITY COUNCIL Agenda Item Report
Meeting Date: May 7, 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 with
Halff Associates, Inc. in the amount of $60,750.00 to prepare construction plans and specifications for the Plano
Parkway Storm Drain Outfall project. (Hartline)
Suggested Action:
Summary of Request:
City Council approved funding for the design of the Plano Parkway Storm Drain Outfall in the 2018 CIP budget.
An existing 9’x 6’storm drain box culvert collects runoff from Plano Parkway and the Nebraska Furniture Mart
loading dock and the south parking lot. This runoff outfalls into an earthen channel that feeds a detention pond
southwest of the intersection of Plano Parkway and Destination Drive. The City has experienced erosion
problems at the headwall outfall and repairs are needed to protect the roadway.
Hydraulic computations for the outfall will be prepared, repairs to erosion issues at the headwall will be
accessed and an energy dissipator will be designed to prevent future erosion issues at the outfall. A detailed
cost estimate will also be prepared. A copy of the Engineering Services Contract and photos of the erosion
issues occurring are attached for review.
The energy dissipator will help to eliminate future erosion problems downstream and reduce the velocity of
storm water flowing onto the Billingsley property. The proposed new storm drain outfall, energy dissipator and
grouted rock riprap will also assist in reducing scour and erosion of the downstream earthen channel.
The design contract includes hydraulic analysis, data collection and field reconnaissance, environmental
review, surveying, preparing construction plans and specifications, bidding assistance and construction
management services. The total cost of the contract with Halff Associates, Inc. is $ 60,750.00. With approval,
the project is anticipated to start construction in October 2024 with an estimated completion in May 2025.
Attachments:
65
Location Map
Halff Engineering Services Contract
Existing Condition Photo 1 of the Erosion Issues
Existing Condition Photo 2 of the Erosion Issues
Financial Summary
Res. 2024-xxx Halff Associates Inc Contract.doc
66
Plano
S H 1 2 1
Tittle
Bargain
WA
RWICK
Destination
Pa
ig
e
WINEHART
S a m R a y b u r n T o ll w a y
TRAVIS
TRINITY
KADIN
J O S E P H
S H 1 2 1 O n R a m pEXIT M a i n S t / J o s e y L n
Plano
P
a
i
g
e
S H 1 2 1
Destination
S a m R a y b u r n T o ll w a y
µLocation MapPlano Parkway Storm Drain Outfall
Nebraska Furniture Mart
Destination
Plano Parkway Storm Drain Outfall
EdwardDon &Company
Plano Parkway Fire Sta. 4
Ranch House
S H 1 2 1
67
STATE OF TEXAS § CITY OF THE COLONY, TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF DENTON §
This Agreement for Professional Services (“Agreement”) is made by and between the City of
The Colony, Texas, a municipal corporation located in Denton County, Texas (“City”), and Halff
Associates, Inc. (“Professional”) (individually, each a “Party” and collectively, “Parties”), acting by
and through the Parties’ authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent contractor
and not as an employee in accordance with the terms and conditions set forth in this Agreement; and
WHEREAS, Professional desires to render professional services for City for Plano Parkway
Storm Drain Outfall (“Project”) in accordance with the terms and conditions set forth in this
Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor all services under this Agreement to
the prevailing professional standards consistent with the level of care and skill ordinarily exercised
by members of Professional’s profession, both public and private, currently practicing in the same
locality under similar conditions including but not limited to the exercise of reasonable, informed
judgments and prompt, timely action. If Professional is representing this it has special expertise in
one or more areas to be utilized in the performance of this Agreement, then Professional agrees to
perform those special expertise services to the appropriate local, regional and national professional
standards.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto (the “Effective Date”) and shall continue until completion of the services provided by
Professional to City under this Agreement.
2.2 Professional may terminate this Agreement by giving thirty (30) days prior written
notice to City. In the event of such termination by Professional, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination.
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2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to compensation
for services satisfactorily completed in accordance with this Agreement prior to the date of such
termination. Upon receipt of such notice from City, Professional shall immediately terminate
working on, placing orders or entering into contracts for supplies, assistance, facilities or materials
in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar
as they are related to this Agreement.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference, entitled “Scope of Services”. In case of conflict with
the language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement
shall control.
3.2 The Parties acknowledge and agree that any and all opinions provided by Professional
represent the best judgment of Professional.
3.3 Schematic Design Documents, Design Development Documents, Contract
Documents, Drawings, Plans, Specifications and other documents, including those in electronic form,
prepared by Professional and its consultants, agents, representatives, and/or employees in connection
with the Project (“Project Documents”) are intended for the use and benefit of City. Professional and
its consultants, agents, representatives, and/or employees shall be deemed the authors of their
respective part of said Project Documents. Notwithstanding the foregoing, City shall own, have, keep
and retain all rights, title and interest in and to all Project Documents, including all ownership,
common law, statutory, and other reserved rights, including copyrights, in and to all such Project
Documents, whether in draft form or final form, which are produced at City’s request and in
furtherance of this Agreement or for the Project. City shall have full authority to authorize
contractor(s), subcontractors, sub-subcontractors, City consultants, and material or equipment
suppliers to reproduce applicable portions of the Project Documents to and for use in their execution
of the work or for any other purpose. All materials and reports prepared by Professional in connection
with this Agreement are “works for hire” and shall be the property of City. Professional shall, upon
completion of the services provided under this Agreement, or upon earlier termination of this
Agreement, provide City with reproductions of all materials, reports, and exhibits prepared by
Professional pursuant to this Agreement, and shall provide same in electronic format if requested by
City. Any re-use of the Project Documents by the City on any other project not contemplated or
included under this Agreement shall be at the City’s sole risk, without liability to Professional.
Notwithstanding any language to the contrary Professional has, shall have, and shall continue to have
all rights and privileges related to the use of the information contained in the Project Document s.
City understands and agrees that the Project Documents contain information, details and other data
of value (“technical data”) that are at the core of Professional’s business and that any perceived
transfer of such technical data would adversely limit, affect and impact Professional’s interests and,
in order to avoid unduly affecting, impacting and limiting Professional's business, Professional shall
identify such technical data to City, when necessary.
69
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City (the “Work Schedule”), which is attached hereto and incorporated as Exhibit B.
4.2 In the event Professional’s performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance of
same as hereinafter provided, and City shall determine whether to authorize any increase in fee or
price, or to authorize damages or additional compensation as a consequence of such delays, within a
reasonable time after receipt of Professional’s request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed or
made by Professional, unless Professional shall have made written request upon City for such
extension not later than five (5) business days after Professional has actual knowledge of the
occurrence of the cause serving as the basis for such extension request, and unless City and
Professional have agreed in writing upon the allowance of such additional time.
Article V
Compensation and Method of Payment
5.1 City shall pay Professional for the services specifically as set forth in Exhibit A by
payment of a not to exceed fee of $60,750.00.
5.2 Each month Professional shall submit to City an invoice supporting the amount for
which payment is sought. Each invoice shall also state the percentage of work completed on the
Project through the end of the then submitted billing period, the total of the current invoice amount,
and a running total balance for the Project to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
monthly payments in the amount shown by Professional’s approved monthly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services that is
unsatisfactory as determined by City or which is not performed in compliance with the terms of this
Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute
a waiver of any right, at law or in equity, which City may have if Professional is in default, including
the right to bring legal action for damages or for specific performance of this Agreement. Waiver of
any default under this Agreement shall not be deemed a waiver of any subsequent default.
70
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City shall
pay Professional compensation for such services at mutually agreed upon charges or rates, and within
the time schedule prescribed by City, and without decreasing the effectiveness of the performance of
services required under this Agreement. In any event, when Professional is directed to revise or
expand the scope of services under this Agreement, Professional shall provide City a written proposal
for the entire costs involved in performing such additional services. Prior to Professional undertaking
any revised or expanded services as directed by City under this Agreement, City must authorize in
writing the nature and scope of the services and accept the method and amount of compensation and
the time involved in all phases of the Project.
6.2 It is expressly understood and agreed to by Professional that any compensation not
specified in this Agreement may require approval by the City Council of the City of The Colony and
may be subject to current budget year limitations.
6.3 To the extent reasonably necessary for Professional to perform the services under this
Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons,
or corporations that Professional may deem proper to aid or assist in the performance of the services
under this Agreement. The cost of such personnel and assistance shall be borne exclusively by
Professional.
6.4 Professional shall furnish the facilities, equipment, telephones, facsimile machines,
email facilities, and personnel necessary to perform the services required under this Agreement unless
otherwise provided herein.
Article VII
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the conditions
and requirements of this Agreement, Professional is acting as an independent contractor, and City
assumes no responsibility or liability to any third party in connection with the services provided by
Professional under this Agreement. All services to be performed by Professional pursuant to this
Agreement shall be in the capacity of an independent contractor, and not as an agent, servant,
representative, or employee of City. Professional shall supervise the performance of its services and
shall be entitled to control the manner, means and methods by which Professional’s services are to
be performed, subject to the terms of this Agreement. As such, City shall not t rain Professional,
require Professional to complete regular oral or written reports, require Professional to devote his
full-time services to City, or dictate Professional’s sequence of work or location at which Professional
performs Professional’s work, except as may be set forth in Exhibit A.
7.2 Professional shall be responsible for the professional quality, technical accuracy, and
the coordination of all designs, drawings, specifications, plans, and other services furnished by
Professional under this Agreement. Professional shall, without additional compensation, correct or
71
revise any errors or deficiencies in the Project Documents and other services provided under this
Agreement. Neither City’s review, approval, nor acceptance of, nor payment for any of, the services
provided under this Agreement, shall be construed to operate as a waiver of any rights under this
Agreement, and Professional shall be and remain liable to City in accordance with applicable law for
all damages to City caused by Professional’s negligent performance of any of the services furnished
under this Agreement.
Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and
maintain during the term of this Agreement the following insurance written by companies approved
by the state of Texas and acceptable to City. Professional shall furnish to the City Manager
certificates of insurance executed by the insurer or its authorized agent stating coverages, limits,
expiration dates and compliance with all applicable required provisions. Certificates shall reference
the project/contract number and be addressed as follows:
City of The Colony, Texas
Attention: City Manager
6800 Main Street
The Colony, Texas 75056
A. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits of
$1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate, and
$1,000,000 general aggregate. Coverage must be written on an occurrence form. The General
Aggregate shall apply on a per project basis.
B. Workers’ Compensation insurance with statutory limits; and Employers’
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000.
C. Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injury and property damage limit of
$1,000,000 per occurrence.
D. Professional Liability Insurance to provide coverage against any claim which
the Professional and all professionals engaged or employed by the Professional become
legally obligated to pay as damages arising out of the performance of professional services
caused by the negligent error, omission or act with minimum limits of $2,000,000 per claim,
$2,000,000 annual aggregate.
NOTE: If the insurance is written on a claims-made form, coverage shall be continuous (by
renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
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8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
A. A waiver of subrogation in favor of City, its officials, employees, and officers
shall be contained in the Workers’ Compensation insurance policy.
B. The City, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability policy, by using endorsement CG2026 or
broader .
C. All insurance policies shall be endorsed to the effect that City will receive at
least thirty (30) days notice prior to cancellation, non-renewal, termination, or material
change of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a financial
rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any directly
pertinent books, documents, papers and records of Professional involving transactions relating to this
Agreement. Professional agrees that City shall have access during normal working hours to all
necessary Professional facilities and shall be provided adequate and appropriate work space in order
to conduct audits in compliance with the provisions of this section. City shall give Professional
reasonable advance notice of intended audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that any
subcontractor agrees that City shall have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions related to the
subcontract, and further, that City shall have access during normal working hours to all such
subcontractor facilities and shall be provided adequate and appropriate work space, in order to
conduct audits in compliance with the provisions of this section. City shall give any such
subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings, written agreements or oral agreements between the Parties with
respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations granted and assumed under this Agreement.
73
10.3 Assignment. Professional may not assign this Agreement in whole or in part without
the prior written consent of City. In the event of an assignment by Professional to which the City has
consented, the assignee shall agree in writing with the City to personally ass ume, perform, and be
bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a
District Court with appropriate jurisdiction in Denton County, Texas. The Parties agree to submit to
the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal,
or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of
time following the termination of this Agreement shall survive termination, including, but not limited
to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below,
or to such other Party or address as either Party may designate in writing, and shall be deemed
received three (3) days after delivery set forth herein:
If intended for City: With Copy to:
City Manager Director of Engineering
City of The Colony City of The Colony
6800 Main Street 6800 Main Street
The Colony, Texas 75056 The Colony, Texas 75056
If intended for Professional:
Halff Associates, Inc.
Attn: Leigh A. Hollis, PE
3803 Parkwood Blvd, Suite 800
Frisco, TX 75034
74
10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all such
counterparts shall together constitute one and the same instrument. Each counterpart may consist of
any number of copies hereof each signed by less than all, but together signed by all of, the Parties
hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof
for all purposes.
10.13 Professional’s Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional, its employees,
associates, agents or subcontractors for the accuracy and competency of their designs, working
drawings, specifications or other documents and work; nor shall such acceptance be deemed an
assumption of responsibility by City for any defect in the Project Documents or other documents and
work prepared by Professional, its employees, associates, agents or sub-consultants.
10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD
HARMLESS CITY FROM AND AGAINST LIABILITIES, DAMAGES, CLAIMS, SUITS,
COSTS (INCLUDING REIMBURSEMENT OF COURT COSTS, REASONABLE
ATTORNEY’S FEES AND COSTS OF INVESTIGATION IN PROPORTION TO
PROFESSIONAL’S LIABILITY) AND ACTIONS BY REASON OF INJURY TO OR
DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT
CAUSED BY PROFESSIONAL’S WILLFUL MISCONDUCT OR PROFESSIONAL’S
NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY ITS
OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED
ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES,
DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE
OF THE CITY). PROFESSIONAL’S OBLIGATIONS UNDER THIS SECTION SHALL
NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR
REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF
THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL
SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN
COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS
LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE
TERMINATION OF THIS AGREEMENT
10.15 Conflicts of Interests. Professional represents that no official or employee of City has
any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional
under this section shall be grounds for termination of this Agreement and shall be grounds for
recovery of any loss, cost, expense or damage incurred by City as a result of such misrepresentation.
10.16 Default. If at any time during the term of this Agreement, Professional shall fail to
commence the services in accordance with the provisions of this Agreement or fail to diligently
provide services in an efficient, timely and careful manner and in strict accordance with the
75
provisions of this Agreement or fail to use an adequate number or quality of personnel to complete
the services or fail to perform any of Professional’s obligations under this Agreement, then City shall
have the right, if Professional shall not cure any such default after thirty (30) days written notice
thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of any other
right or remedy of City. If after exercising any such remedy due to Professional’s nonperformance
under this Agreement, the cost to City to complete the services to be performed under this Agreement
is in excess of that part of the contract sum which as not theretofore been paid to Professional
hereunder, Professional shall be liable for and shall reimburse City for such excess costs.
10.17 Confidential Information. Professional hereby acknowledges and agrees that its
representatives may have access to or otherwise receive information during the furtherance of
Professional’s obligations in accordance with this Agreement, which is of a confidential, non-public
or proprietary nature. Professional shall treat any such information received in full confidence and
will not disclose or appropriate such Confidential Information for Professional’s own use or the use
of any third party at any time during or subsequent to this Agreement. As used herein, “Confidential
Information” means all oral and written information concerning the City, its affiliates and
subsidiaries, and all oral and written information concerning City or its activities, that is of a non-
public, proprietary or confidential nature including, without limitation, information pertaining to
customer lists, services, methods, processes and operating procedures, together with all analyses,
compilations, studies or other documents, whether prepared by Professional or others, which contain
or otherwise reflect such information. The term “Confidential Information” shall not include such
information that is or becomes generally available to the public other than as a result of disclosure to
Professional, or is required to be disclosed by a governmental authority under applicable law.
10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each right or remedy
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this
Agreement may be waived without written consent of the Parties. Forbearance or indulgence by
either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to
this Agreement.
10.19 No Third Party Beneficiary. For purposes of this Agreement, including the intended
operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this
Agreement only affects matters between the Parties to this Agreement, and is in no way intended by
the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such
third person or entity may be in contractual relationship with City or Professional or both; and (2) the
terms of this Agreement are not intended to release, either by contract or operation of law, any third
person or entity from obligations owing by them to either City or Professional.
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EXECUTED this _______ day of _____________________, 2024.
City of The Colony, Texas
By:
City Manager
Attest:
City Secretary
EXECUTED this _______ day of _____________________, 2024.
Professional
By:
Name: Brent Billington
Title: Public Works Team Leader
Attest:
Vice President
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Plano Parkway Storm Drain Outfall Page A-1 of A-6
EXHIBIT “A”
SCOPE OF WORK
PLANO PARKWAY STORM DRAIN OUTFALL
CITY OF THE COLONY, TEXAS
1. Description:
An existing 9’x6’ box culvert collects runoff from Plano Parkway, the Nebraska Furniture
Mart loading dock and south parking lot, and outfalls into an earthen channel that feeds
a detention pond southwest of the intersection of Plano Parkway and Destination Drive.
The City has experienced erosion problems at the headwall outfall and repairs are
needed to protect the roadway. Hydraulic computations for the outfall will be prepared,
repairs to erosion issues at the headwall will be accessed, and an energy dissipator to
prevent future erosion issues at the headwall outfall will be designed. A detailed cost
estimate will be prepared for the work associated with the repair of erosion issues at the
headwall and the construction of an energy dissipator.
2. Assumptions:
A. No boundary survey shall be performed under this contract. Boundary survey
performed under The City of the Colony FY 2024 Engineering Assistance contract
shall be utilized for this project.
B. Geotechnical services shall not be provided as part of this contract. The
geotechnical engineering report generated under the previous contract for this
project by CMJ Engineering, Geotechnical Engineering Services Outfall Energy
Dissipator Plano Parkway Northeast of Destination Drive The Colony, TX dated June
2017, shall be used to address general soil and groundwater conditions and
recommendations for outfall structure design.
C. No repairs will be designed for the earthen channel downstream of the culvert
headwall with this project, nor on the adjacent site and channel to west.
D. Professional will be responsible for providing bidding documents, construction
administration services, and project close-out for this project.
E. As-Built drawings will be used to determine the amount of water being conveyed by
the existing box culvert. No drainage area map will be generated.
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Plano Parkway Storm Drain Outfall Page A-2 of A-6
3. Work Plan:
A. Project Management and Coordination
The Professional’s project management activities shall include task leadership
and direction, telephone and written communication, project update meetings,
presentation of process and findings, and personnel and data management
among other general project management activities. All project meetings will be
attended by the Project Manager and Project Engineer. Specific project
management and coordination tasks are detailed below:
1) Prepare for and conduct up to two (2) project meetings to discuss the
process, findings, and recommendations as well as any questions that the
City and/or Engineer may have.
2) Communicate regularly with the City regarding project progress.
B. Hydraulic Analysis
The Professional will prepare and provide detailed hydraulic computations using
as-built drawings for drainage areas and pipe/box sizes to access existing flow
conditions at the outfall to design an appropriate energy dissipator to prevent
future erosion issues at the headwall. This will be used to reconfirm assumptions
and update based on regrade of the structure.
C. Data Collection and Field Reconnaissance
(1) The Professional will confirm that previous as-builts obtained for storm sewer,
detention ponds, adjacent development and recent street improvement
projects are up to-date and shall obtain additional as-builts from The City if
necessary.
(2) The Professional will conduct (1) site visit to locate, take measurements, and
document the conditions of the existing outfall and surrounding channel.
Photographic documentation will be provided to the City upon request.
D. Surveying Services
(1) The professional shall review the previously submitted metes and bounds
description and exhibit for the permanent drainage and temporary
construction easements that were prepared under the previous contract.
(2) The professional shall update as necessary the previously submitted metes
and bounds descriptions and the exhibits and shall provide two (2) signed
easement documents for recording with the county.
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Plano Parkway Storm Drain Outfall Page A-3 of A-6
E. Environmental Review
(1) Jurisdictional Determination/Delineation: Halff will perform a field delineation
within the proposed project area to identify the limits of waters of the United
States, including wetlands. A delineation report will be prepared describing
the methodology and results of the investigation, so that the report may
satisfy the jurisdictional determination requirement for permit requirements
pursuant to Section 404.
(2) Cultural Resources Assessment: A cultural resources review will be
conducted to address the preliminary requirements of Section 106 of the
National Historic Preservation Act (Section 106). This task includes a
literature review of Texas Historical Commission Atlas Map. This task does
not include submittal of an Antiquities Code of Texas permit application or any
cultural resources field surveys. A pedestrian survey is not included in this
scope.
(3) Threatened and Endangered Species Assessment: Because a Section 404
permit is a federal action, documentation must be provided to make an effect
determination under the Endangered Species Act to remain in compliance
with the conditions of the Section 404 permit program.
(4) Section 404 Permitting Assessment: This task assumes the project would not
exceed the impact thresholds of a Nationwide Permit (NWP). Upon
completion of Tasks 1 through 3, Halff specialists will coordinate with design
engineers to evaluate site alternatives pursuant to the Section 404 NWP
program. Halff will outline Section 404 permitting responsibility as appropriate
for the ultimate design scenario and incorporate as a separate memorandum.
This task does not assume the preparation and submittal of any Section 404
permit documents to the USACE.
This scope does not include the preparation and submittal of any Section 404
permit documents to the USACE, threatened/endangered species presence
absence surveys, and Section 7 formal consultation with the USFWS. This scope
excludes a historical resources survey and architectural assessment and formal
NRHP/SAL eligibility evaluations of archeological historic properties documented
in the project area.
F. Construction Plans
The Professional shall develop construction plans for review, permitting, bidding,
construction, inspection, and record keeping. In general, construction plans shall
be consistent with normal practice for projects of this nature. The following
particulars will also apply. The construction plans will consist of numerous sheets
ordered as follows:
(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,
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Plano Parkway Storm Drain Outfall Page A-4 of A-6
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) Project General Notes and Legend: These sheets will include a listing of
abbreviations, legend, and general notes.
(3) Hydraulic Computations: This sheet will contain detailed hydraulic
computations used in the design of energy dissipator.
(4) Erosion Repair and Grading Plan: This sheet will address any removals,
excavation, fill, rip rap, and re-grading as required to address existing erosion
issues at the existing storm drain outfall.
(5) Structural Details: These sheets will provide specifics necessary to construct
the recommended outfall structure/energy dissipator.
(6) 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.
(7) Miscellaneous: Construction plans will also address erosion control.
(8) Prints: The Professional shall provide prints of construction plans for review
and permitting. Five (5) sets of half-size plans will be submitted to the City at
each review stage. The Professional will provide up to eleven (11) sets of
half-size prints for bidding and construction. Electronic files in PDF format
shall be provided to the City for use by City Staff.
(9) General: Construction plans shall be furnished full-size and half-size. Overall
dimension of full-size construction plans shall be 22”x34”. The City’s standard
format shall be used. Up to two (2) full-size and five (5) half size final
construction plans shall be furnished to the City. Up to (2) full-size and (6)
half-size final construction plans shall be furnished to the Contractor.
Electronic files in PDF and DWG format shall be provided to the Contractor
for use during construction.
G. Specifications
The Professional shall prepare a project manual and technical specifications
required for bidding and constructing the project. The project manual will be in
the City’s standard format. Only specification amending or supplementing COG
specifications need be furnished. Project manual, specifications, bid items and
quantities shall be furnished on hard copy and by electronic file. Specifications
shall be provided at the 60% milestone and at all subsequent submission.
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Plano Parkway Storm Drain Outfall Page A-5 of A-6
H. Estimates
Estimates of probably cost will be developed at each milestone submittal.
I. Public Meetings
The Professional shall not be required to attend public meetings for this project.
J. City Council Coordination
The Professional shall not be required to attend any City Council meetings under
this contract.
K. Construction Control Staking
The contractor shall be required to provide construction staking.
L. 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 one (1)
pre-bid meeting and prepare minutes. The Professional will tabulate
bids and make recommendation for award of contract. This scope
assumes only one bid phase for the project. If additional bid phases
are required, they will be provided at additional cost.
(2) Construction:
(a) Attend a pre-construction meeting and monthly progress meetings
as required. Five (5) months are assumed for the construction
duration. Scope assumes up to five (5) meetings. Any additional
meetings shall be attended at an additional cost.
(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.
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Plano Parkway Storm Drain Outfall Page A-6 of A-6
(e) Prepare and negotiate Change Orders between the Contractor and
the City.
(f) Prepare record drawings from information supplied by the
Contractor.
(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.
M. Miscellaneous
Miscellaneous services not provided for herein and not generally associated with
a project of this type will be paid for under an amendment to this Agreement and
for an additional fee.
4. Schedule:
A. Completion/furnishing 60% plans, project manual, and opinion of probable
construction cost: 45 calendar days from date of receipt of written authorization
to begin.
B. Completion/furnishing 90% plans, project manual, and opinion of probable
construction cost: 30 calendar days after receipt of City 60% plan comments.
C. Completion/furnishing of Signed and Sealed Final plans for construction: 15
calendar days from receipt of 90% comments.
D. Bidding Services: 60 calendar days from the city’s approval of final plans.
E. Construction Services: In accordance with construction schedule (estimated to
be 150 calendar days).
F. Closure: 30 calendar days from the date of construction completion.
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Plano Parkway Storm Drain Outfall Page B-1 of B-1
EXHIBIT “B”
COMPENSATION
PLANO PARKWAY STORM DRAIN OUTFALL
CITY OF THE COLONY, TEXAS
Exhibit “B” defines the basis of compensation to the Consultant for the services
rendered.
A. Basic Fee Services - The basic fee for the services as described in Exhibit
“A” will be $54,520.00 which includes direct costs and computer charges
normally associated with production of these services. Basic Fee Services
shall be billed monthly based on actual completion of the tasks and may
include partial payments of the total amounts designated for each item.
The basis of compensation for Basic Fee services shall be as follows:
TASK DESCRIPTION FEE
1. Project Management and Coordination $2,440
2. Data Collection and Field Reconnaissance $1,860
3. Hydraulic Analysis $8,100
4. Construction Plans, Specifications, and Estimate (PS&E) $27,820
5. Bidding, Construction, and Closure $14,300
TOTAL BASIC SERVICES $54,520
B. Special Services – Special Services will be billed monthly based on actual
completion of the tasks and may include partial payments of the total amounts
designated for each item.
The basis of compensation for Special services shall be as follows:
TASK DESCRIPTION FEE
6. Environmental Review $4,070
7. Surveying Services $1,560
8. Reimbursable Expenses $600
TOTAL SPECIAL SERVICES $6,230
The total maximum fee for all services is $60,750.00 (sixty thousand seven hundred and
fifty dollars and zero cents). All fees shall be billed as lump sum.
84
EXHIBIT "B-1"
(SUPPLEMENT TO EXHIBIT "B")
PLANO PARKWAY STORM DRAIN OUTFALL
CITY OF THE COLONY
ESTIMATED PROJECT EFFORT
Project Phases and Tasks
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Task 1: Project Management and Coordination
Meetings and Coordination
Meetings with City (2)4 4 8 $1,520 $1,520
Coordination with City 2 2 2 6 $920 $920
SUBTOTAL - Task 1 6 6 2 14 $2,440.00 $2,440.00
Task 2: Data Collection and Field Reconnaissance
Existing As-Built Review 2 2 $340 $340
Field Reconnaissance 4 4 8 $1,520 $1,520
SUBTOTAL - Task 2 4 6 10 $1,860.00 $1,860.00
Task 3: Hydraulic Analysis
Hydraulic Grade Line Computation Review 4 4 8 $1,520 $1,520
Energy Dissipator Design 4 14 24 42 $6,580 $6,580
SUBTOTAL - Task 3 8 18 24 50 $8,100.00 $8,100.00
Task 4: Construction Plans, Specifications, and Estimate (PS&E)
Plan Preparation (no. of sheets)
Cover Sheet (1)0.5 0.5 1 $155 $155
General Notes and Legend (1)0.5 0.5 1 $155 $155
Removal Plan (1)2 6 8 $1,180 $1,180
Grading Plan (1)2 8 20 30 $4,580 $4,580
Energy Dissipator Plan & Profile (1)8 20 28 $4,160 $4,160
Hydraulic Calculations (1)2 2 4 $620 $620
Erosion Control Plan (1)2 4 6 $900 $900
Structural Details (3)4 16 40 24 84 $11,560 $11,560
Standard Details (4)1 1 2 $310 $310
Project Manual and Specifications 1 3 3 7 $1,140 $1,140
Quantities and Cost Estimates 1 2 2 5 $830 $830
Internal QAQC 2 5 1 1 9 $2,230 $2,230
SUBTOTAL - Task 4 10 5 46 100 24 185 $27,820.00 $27,820.00
Task 5: Bidding, Construction, and Closure
Construction Administration
Pre-Bid Meeting (1)4 4 8 $1,240 $1,240
Bidder Questions 2 4 4 10 $1,660 $1,660
Bid Opening (1)2 2 4 $620 $620
Bid Tabulation and Contractor Recommendation 4 8 12 $1,800 $1,800
Conformed Bid Documents 2 2 4 $620 $620
Pre-Construction Meeting (1)4 4 8 $1,240 $1,240
Review Shop Drawings, Submittals and Testing Reports 2 8 8 18 $2,900 $2,900
Site Visits, Pay Applications, Contract Amendments 2 4 4 10 $1,660 $1,660
Final Inspection and Punchlist 2 4 4 10 $1,660 $1,660
As-Built Drawings 2 4 6 $900 $900
SUBTOTAL - Task 5 8 38 44 90 $14,300.00 $14,300.00
SUBTOTAL - Basic Fee Services 36 5 114 168 24 2 349 $54,520.00 $54,520.00
Task 6: Environmental Review
Jurisdictional Determination/Delineation 2 2 2 6 $1,040 $1,040
Cultural Resources Assessment 2 4 6 $1,100 $1,100
Threatened and Endangered Species Assessment 1 2 2 5 $830 $830
Section 404 Permitting Assessment 2 4 6 $1,100 $1,100
SUBTOTAL - Task 6 7 12 4 23 $4,070.00 $4,070.00
Task 7: Surveying Services
Review and Revise Easement Documents (2)4 4 8 $1,560 $1,560
SUBTOTAL - Task 7 4 4 8 $1,560.00 $1,560.00
Task 8: Reimbursable Expenses
Printing, Deliveries, Mileage, etc.$600.00 $600
SUBTOTAL - Task 8 $600.00 $600.00
SUBTOTAL - Special Services 7 12 4 23 $5,630.00 $600.00 $6,230.00
TOTAL PROJECT 43 5 126 172 24 2 372 $60,150.00 $600.00 $60,750.00
A:\56000s\56365\001\Admin\Contracts\Working\Exhibit B-1 - Plano Parkway Outfall 85
CLIENT:City of The Colony 2/16/2024
PROJECT:Plano Parkway Outfall Design 56365
JWB
Total Unit Total
Quantity Cost Cost
1 Construction Staking 1 LS $1,500.00 $1,500
2 Mobilization and General Site Preparation 1 LS $5,000.00 $5,000
3 Stabilized Construction Entrance 1 EA $3,000.00 $3,000
4 Erosion Control Implementation and Maintenance 1 LS $1,000.00 $1,000
5 Solid Sod 290 SY $15.00 $4,350
6 Removal and Disposal of Existing Fence 55 LF $12.50 $688
7 Barbed Wire Fence 80 LF $30.00 $2,400
8 Remove Existing Tree (Greater than 12")3 EA $1,500.00 $4,500
9 Unclassified Channel Excavation (including hauloff)550 CY $35.00 $19,250
10 18-Inch Thick Rock Riprap 120 SY $225.00 $27,000
11 Baffled Chute Energy Dissipator 1 LS $45,000.00 $45,000
12 TxDOT Pedestrian Rail 85 LF $175.00 $14,875
13 Remove and Dispose of Existing Rock Riprap 112 SY $50.00 $5,600
$134,163
$26,833
Project Total $160,995
$161,000
This statement was prepared utilizing standard cost estimate practices. It is understood and agreed that this is an estimate
only, and that Engineer shall not be liable to Owner or to a third party for any failure to accurately estimate the cost of the
project, or any part thereof.
OPINION OF PROBABLE CONSTRUCTION COST
Budget Level OPCC
Item No.Description Unit
Project Subtotal
Contingency (20%)
Projet Rounded Total
Section I - Plano Parkway Outfall
Page 1 of 1 86
87
88
FINANCIAL SUMMARY:
Are budgeted funds available: Yes
Amount budgeted/available: $ 200,000.00
Fund(s) (Name and number): 710-669-6421
Project number: 1804
Source of Funds: Storm Water Utility Fund
Cost of recommended contract award: $ 60,750.00
Total estimated project cost:
$ 60,750.00 Engineering Already authorized Yes No
$ 60,750.00 Total estimated costs
89
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 PROFESSIONAL SERVICES CONTRACT
WITH HALFF ASSOCIATES, INC. TO PREPARE
CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE
PLANO PARKWAY STORM DRAIN OUTFALL PROJECT;
PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas, has duly
reviewed and considered the Engineering Services Contract with Halff Associates, Inc.
to prepare construction plans and specifications for the Plano Parkway Storm Outfall
Project; and
Section 2. with this contract, the City of The Colony is agreeing to the services
in the amount of $60,750.00 for such work.
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 7TH DAY OF MAY 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
90
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: May 7, 2024
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to execute a Construction Services
Contract Amendment No. 1 in the amount of $457,386.00 with Urban Infraconstruction for the Phase 13B
Concrete Street Repair Project. (Hartline)
Suggested Action:
Background:
City Council approved funding for the Phase 13B Concrete Street Repair Project in the 2022-2023 budget and
Lebanon Road Construction Project Funding in the 2023-2024 budget.
The list of concrete streets that are part of this street repair project are listed below.
Concrete Streets:
• South Colony Boulevard – South Colony Boulevard will include full reconstruction of this street from.177 feet
+/- west of the intersection with FM 423 to Westport Drive, including Westport Drive intersection.
• Lebanon Road – Lebanon Road will include concrete panel replacements at various locations identified along
the length of the roadway that are in need of repair from the city limit line to Castlebridge.
• Standridge Drive – Standridge Drive will include concrete replacement of the damaged northbound lane
section between Sam Rayburn Tollway (SRT) and Memorial Drive.
• Only above ground utility appurtenance adjustments shall be conducted on these three streets.
Paige Road/Plano Parkway and Sam Rayburn Tollway Left Turn Lanes:
• Dedicated dual left turn lanes on the eastbound and westbound SRT Frontage Roads at the Paige Road/Plano
Parkway intersection. This project was discussed with City Council during a Work Session held on February 1,
2022 and a budget for this project was approved at the February 15, 2022 City Council Meeting. Since only one
dedicated left turn lane is currently located on the eastbound and westbound SH 121 Frontage Roads at the
Paige Road/Plano Parkway intersection, vehicular traffic backs up significantly during peak traffic times during
the day. This project includes removing a portion of the existing concrete island to create a second left turn
lane in both directions The project will also include moving a barrier free ramp, pedestrian signal pole, signal
ground box and restriping the existing traffic lanes on the frontage roads. The addition of dual left turn lanes will
help ease traffic backup, help prevent accidents and will allow vehicular traffic to turn left onto Paige Road using
two dedicated lanes. The addition of the turn lanes requires a TxDOT Access Permit (Form 1058) which
requires the inclusion of the standard TxDOT driveway section (10-inch CRCP over a 4-inch asphalt base
course and lime treated subgrade) and also requires NTTA approval which has been obtained for this project.
The Urban Infraconstruction contract was approved by City Council on September 5, 2023 at a cost of
$1,906.293.00. During construction, various quantity modifications and addition/deletion of work tasks and
quantity changes were necessary to complete the various projects. The additions include the addition of
pavement removal, flex base, concrete and asphalt pavement, curb and gutter, additional surveying,
91
NTTA/TxDOT requested left turn lanes construction night work and additional sign relocations. The total cost of
Contract Amendment No. 1 is $457,386.00 and city staff recommends approval.
Attachments:
Location Map
Contract Amendment No. 1.
Financial Summary
Res. 2024-xxx Urban Infraconstruction.doc
92
93
94
95
96
97
98
99
100
FINANCIAL SUMMARY:
Are budgeted funds available: Yes
Amount budgeted/available:
$1,100,000 (Engineering/Construction for South Colony Blvd. and Standridge Dr.)
$1,500,000 (Engineering/Construction for Lebanon Rd.)
$ 212,000 (Engineering/Construction for Paige Rd/Plano Parkway & SRT Left Turn Lanes)
$2,000,000 (Engineering/Construction for Lebanon Rd per Denton County Interlocal Cooperation Agreement.)
Fund(s) (Name and number):
895-669-6670
Project Number 2350 (South Colony Blvd. and Standridge Dr.)
Project Number 2353 (Lebanon Rd.)
895-669-6420
Project Number 2235 (Paige Rd/Plano Parkway & SRT Left Turn Lanes)
895-669-6670
Project Number 2495 (Lebanon Road Construction)
Cost of recommended Construction Contract Amendment No. 1: $ 457,386 (895-669-6670)
Total estimated project cost:
$ 39,700 Engineering (Paige Rd/Plano Parkway & SRT Left Turn Lanes) Already authorized Yes No
$ 77,400 Engineering (South Colony Blvd.,Standridge Dr. & Lebanon Rd.) Already authorized Yes No
$1,906,293 Construction Already authorized Yes No
$ 457,386 Construction Contract Amendment 1 Already authorized Yes No
$2,480,779 Total estimated costs
101
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 CONSTRUCTION SERVICES CONTRACT AMENDMENT BETWEEN
THE CITY OF THR COLONY AND URBAN INFRACONSTRUCTION
FOR THE PHASE 13B CONCRETE STREET REPAIR; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City has determined that it is in the best interest of the City to execute a
Construction Services Contract Amendment with Urban Infraconstruction for the Phase 13B
Concrete Street Repair Project; and
WHEREAS, with this contract, the City of The Colony is agreeing to the services in the
amount of $457,386.00 for such work.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The contract is 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 it
is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 20TH DAY OF FEBRUARY 2024.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
102
APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
103
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: May 7, 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 Section 551.071 of the Texas
Government Code to seek legal advice from the city attorney regarding pending or contemplated litigation or
settlement offer: City of The Colony, Texas v. Preston Tighe, Sick Realty, LLC and 3805 Overlook Court, The
Colony, Texas 75056, Cause No. 24-1447-362, 362nd Judicial District Court, Denton County, Texas.
B. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the
Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and
commercial or financial information the city has received from a business prospect(s), and to deliberate the
offer of a financial or other incentive to a business prospect(s).
Suggested Action:
Attachments:
104
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: May 7, 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 pending or contemplated litigation or settlement offer:
City of The Colony, Texas v. Preston Tighe, Sick Realty, LLC and 3805 Overlook Court, The Colony, Texas
75056, Cause No. 24-1447-362, 362nd Judicial District Court, Denton County, Texas.
B. Any action as a result of executive session regarding purchase, exchange, lease or value of real property
and commercial or financial information the city has received from a business prospect(s), and the offer of a
financial or other incentive to a business prospect(s).
Suggested Action:
Attachments:
105