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HomeMy WebLinkAboutResolution No. 2011-036 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2011- (3~) Lf A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND TRIBUTE PARTNERS, LP, FOR THE DEVELOPMENT OF THE WYNNEWOOD NATURE TRAIL, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and Consultant have entered into a Agreement such that the Consultant is to provide the following services: FOR THE DEVELOPMENT OF THE WYNNEWOOD NATURE TRAIL; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Agreement with Tribute Partners, LP., which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided therein; and THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Professional Services Agreement, which is attached hereto and incorporated herein as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens. Section 2. The City Manager is hereby authorized to execute the Agreement on behalf of the City of The Colony, Texas. Section 3. This Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED, APPROVED and EFFECTIVE this 17t" day of May, 2011. ATTEST: s Joe McCoty-Ty, Mayor ~p y1 J/J1,( r, City of The Colony, Tex~"s Christie Wilson, City Seciet~y i 4'. l3 :zzz~xx,~ APPROVED AS TO FORM: eff Moo City Attorney STATE OF TEXAS § § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF DENTON § This agreement (hereinafter referred to as the "Agreement") is made by and between the City of The Colony, Texas, a Texas home-rule municipality (hereinafter referred to as the "City"), and TRIBUTE PARTNERS, LP, a Texas limited partnership (hereinafter referred to as the "Professional") acting by and through their 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, the City on April 13, 2010, authorized the Professional to prepare, and submit a grant application to the Texas Parks and Wildlife Department (hereinafter referred to as "TPWD") for the development of a trail system for the Wynnewood Nature Trail (hereinafter referred to as the "Wynnewood Nature Trail Project"); and WHEREAS, on August 27, 2010, TPWD awarded National Recreational Trails Grant funds in the amount of $200,000.00 (hereinafter referred to as "Grant Funds") to the City for the Wynnewood Nature Trail Project; and WHEREAS, the Professional desires to render professional services to the City for the trail design, construction, and development of the Wynnewood Nature Trail 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 Term 1.1 This term of this Agreement shall begin on the last date of execution hereof by all parties hereto (the "Effective Date") and continue until completion of the services provided herein. Article II Affirmative Obligations 2.1 Wynnewood Nature Trail Project. Professional covenants and agrees to design and construct the Wynnewood Nature Trail Project consistent with the TPWD Grants Application attached hereto as Exhibit A of this Agreement ("Grant Application"), which shall consist of the following: (1) Phase 1 - Trailhead - Fifty feet (50') by two hundred feet (200') or equivalent parking lot with fire lane to accommodate a minimum of twenty (20) parking spaces; (2) Phase 2 - Ten foot (10') wide trail for approximately 5,200 linear feet, connecting to the loop, as generally depicted in the Supplemental Figure 8: Nature Trail Exhibit of the Grant Application attached hereto as Exhibit A of this Agreement, or an equivalent connection to the loop that provides the same fire, life and safety access; and (3) Phase 3 - Ten foot (10') wide peninsula nature loop for approximately 10,000 linear feet, as generally depicted in the Supplemental Figure 8: Nature Trail Exhibit of the Grant Application attached hereto as Exhibit A of this Agreement. 2.2 Phase 4 of Wynnewood Nature Trail Project. At the discretion of the City and the Professional, together in good faith, Professional agrees that within twenty-four (24) months of completion of Phases 1, 2, and 3, as described in Section 2.1 of this Agreement, Professional will complete the following: (1) Phase 4 - Six foot (6') wide trail offshoots to lookouts and nature areas for approximately 2,000 linear feet with benches and amenities consistent with the Grant Application attached hereto as Exhibit A of this Agreement. 2.3 Escrow Account. Professional covenants and agrees within thirty (30) days of the Effective Date of this Agreement, to escrow with the City Seventy-Five Thousand and No/100 Dollars ($75,000.00) for the construction of the Wynnewood Nature Trail Project consistent with the Grants Application attached hereto as Exhibit A of this Agreement. Professional covenants and agrees the escrow funds will at all times maintain a minimum balance of Twenty- Five Thousand and No/100 Dollars ($25,000.00). Further, the City covenants and agrees to provide Professional thirty (30) days written notice to replenish said escrow account to a balance of Seventy-Five Thousand and No/100 Dollars ($75,000.00). Professional covenants and agrees to replenish said escrow account to a balance of Seventy-Five Thousand and No/100 Dollars ($75,000.00) within thirty (30) days of said written notice from City to Professional. 2.4 Submission of Invoices and Receipts. Professional covenants and agrees to invoice the City for the design and construction services performed pursuant to Section 2.1 of this Agreement. City covenants and agrees to reimburse Professional for said design and construction services within thirty (30) days of receipt of said invoice. The City shall reimburse Professional from the escrow account established pursuant to Section 2.3 of this Agreement, and in an aggregate amount not to exceed Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00). In addition, within thirty (30) days of receipt of said invoices from Professional, Page 2 of 24 Professional Services Agreement City of The Colony, Texas - Tribute Partners, LP 511112011 7:55:46 AM the City covenants and agrees to submit to TPWD said invoices and receipts for reimbursement from TPWD. Further, the City covenants and agrees to deposit said Grant Funds received from TPWD into the escrow account established pursuant to Section 2.3 of this Agreement. 2.5 Escrow Funds Returned to Professional. The City covenants and agrees to release to Professional any remaining escrow funds held within the escrow account establishment pursuant to Section 2.3 of this Agreement within thirty (30) days upon the later of the following: (1) submission of invoices pursuant to Section 2.4 of this Agreement by Professional to City in an aggregate amount of at least Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00); (2) receipt of the Grant Funds by City from TPWD in the amount of Two Hundred Thousand and No/100 Dollars ($200,000.00); and (3) final completion and acceptance of the Wynnewood Nature Trail Project as described in Section 2.1 of this Agreement, by TPWD and the City. 2.6 Maintenance of Wynnewood Nature Trail Project. Upon construction of the Wynnewood Nature Trail Project consistent with the Grants Application attached hereto as Exhibit A of this Agreement, the Professional covenants and agrees to maintain the Wynnewood Nature Trail Project constructed pursuant to this Article II of this Agreement through September 30, 2014. 2.7 Administration of Grant Funds from TPWD. City covenants and agrees to administer the reimbursement from TPWD of the Grant Funds to Professional for the design and construction of the Wynnewood Nature Trail Project. Article III Schedule of Work 3.1 Professional agrees to commence services upon written direction from City and to complete the tasks within a work schedule established by City (the "Work Schedule") 3.2 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, but shall not be entitled to any increase in fee or price, or to damages or additional compensation as a consequence of such delays. Article IV Devotion of Time; Personnel; and Equipment 4.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the work under this Agreement. To the extent reasonably necessary for Page 3 of 24 Professional Services Agreement City of The Colony, Texas - Tribute Partners, LP 511112011 7: 55: 46 AM 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. 4.2 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 V Relationship of Parties 5.1 It is understood and agreed by and between the parties that in satisfying the conditions of this Agreement, Professional is acting independently, and City assumes no responsibility or liabilities to any third party in connection with these actions. 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 or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. As such, City shall not train Professional, require Professional to complete regular oral or written reports, require Professional devote his full-time services to City, or dictate Professional's sequence of work or location at which Professional performs Professional's work. 5.2 Professional shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, plans, and other services furnished by Professional under this Agreement. Professional shall, without additional compensation, correct or revise any errors or deficiencies in the design, drawings, specifications, plans and other services. Neither City's review, approval or acceptance of, nor payment for any of the services required 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 VI Insurance 6.1 Professional shall during the term hereof maintain in full force and effect the following insurance: (1) Commercial General Liability insurance for bodily injury, death and property damage with a minimum combined single limit of not less than $1,000,000 per occurrence for injury to persons (including death), and for property damage; (2) policy of automobile liability insurance covering any vehicles owned and/or operated by Professional, its officers, agents, and employees, and used in the performance of this Agreement in the amount of $1,000,000; and (3) statutory Worker's Compensation Insurance covering all of Professional's employees involved in the provision of services under this Agreement. Page 4 of 24 Professional Services Agreement City of The Colony, Texas - Tribute Partners, LP 5/1112011 7:55:46 AM 6.2 All insurance and certificate(s) of insurance shall contain the following provisions: (1) name the City, its officers, agents and employees as additional insureds as to all applicable coverage with the exception of Workers Compensation Insurance; (2) provide for at least thirty (30) days prior written notice to the City for cancellation, or non-renewal of the insurance; and (3) provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. 6.3 All insurance companies providing the required insurance shall either be authorized to transact business in Texas and rated at least "B" by AM Best or other equivalent rating service, or approved by the City Manager. 6.4 A certificate of insurance evidencing the required insurance shall be submitted to the City prior to commencement of services. Article VII Event of Default and Effect of Event of Default 7.1 Failure of either party to comply with or perform any term, obligation, or condition of the Agreement shall constitute an event of default. The non-defaulting party shall give written notice to the other party of any default, and the defaulting party shall have thirty (30) days to begin to cure said default. Should said default remain uncured, the non-defaulting party shall have the right to terminate this Agreement, enforce specific performance as appropriate, or maintain a cause of action for damages caused by the event(s) of default. Article VIII Miscellaneous 8.1 Amendments. This Agreement constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. 8.2 Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. Venue for any action arising under this Agreement shall lie in the state district courts of Denton County, Texas. 8.3 Assignment. This Agreement may not be assigned without the express written consent of the other party. Page 5 of 24 Professional Services Agreement City of The Colony, Tezas - Tribute Partners, LP 5/1112011 7:55:46.4M I 8.4 Audits and Records. Professional agrees that during the term hereof City and its representatives may, during normal business hours and as often as deemed necessary, inspect, audit, examine and reproduce any and all of Professional's records relating to the services provided pursuant to this Agreement for a period of one year following the date of completion of services as determined by City or date of termination if sooner. 8.5 Binding _Obli Obligation. This Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. City warrants and represents that the individual executing this Agreement on behalf of City has full authority to execute this Agreement and bind City to the same. Professional warrants and represents that the individual executing this Agreement on Professional's behalf has full authority to execute this Agreement and bind it to the same. 8.6 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. 8.7 Counterparts. This Agreement 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. 8.8 Effective Date. The words "Effective Date" mean the date of the later to execute this Agreement by and between City and Professional. 8.9 Entire Agreement. This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings, written or oral agreements between the parties with respect to this subject matter. 8.10 Exhibits. Any exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 8.11 Indemnification. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY HIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF PROFESSIONAL PURSUANT TO THIS AGREEMENT. PROFESSIONAL HEREBY WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS "CITY") FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY. PROFESSIONAL AGREES TO INDEMNIFY AND SAVE HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS Page 6 of 24 Professional Services Agreement City of The Colony. Texas - Tribute Partners, LP 5111/2011 7.55: 46 AM AGREEMENT OR BY REASON OF ANY NEGLIGENT OR INTENTIONAL WRONGFUL ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO SOLE NEGILGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 8.12 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for City: With Copy to: Troy Powell Keith Helms, RLA, ASLA City Manager Park Development Manager 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: Kristian Teleki Matthews Southwest 1660 S. Stemmons Freeway, Suite 100 Lewisville, Texas 75067-6315 Telephone: (972) 221-1199 8.13 Recitals. The recitals to this Agreement are incorporated herein. 8.14 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not effect any other provisions, and the Page 7 of 24 Professional Services Agreement City of The Colony, Texas - Tribute Partners, LP 5/11/2011 7: 55: 46 AM Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 8.15 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. 8.16 Survival of Covenants and Terms. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination, including, but not limited to Article VIII, and Section 8.11. 8.17 Time is of the Essence. Time is of the essence in the performance of this Agreement. [The Remainder of this Page Intentionally Left Blank] Page 8 of 24 Professional Services Agreement City of The Colony, Texas - Tribute Partners, LP 5:'11/2011 7: 55: 46 AM EXECUTED on this the 9 day of 9 24W. CITY: City of The Colony, Texas, A Texas home-rule municipality By: Troy 1f. Powell, City Manager ATTE T: r F_ Christie Wilson City Secretary APPROVED AS TO FORM: Jeff Moore City Attorney 6F EXECUTED on this the day of C'(,-fib t& tr , 2ftN. PROFESSIONAL: TRIBUTE PARTNERS, L.P., a Texas limited partnership By: MSW Wynnwood Holdings, Ltd., a Texas limited partnership, its general partner BY: MSW Wynnwood Holdings GP, LLC, a Texas limited liability company its general partner By: ` Kristian T. Teleki, Senior Vice President Page 9 of 24 Professional Services Agreement City of The Colony, Texas - Tribute Partners, LP 5111 /2011 7.55.46 AM Exhibit A Grant Application Page 10 of 24 Professional Services Agreement COY of The Colony, Texas Tribute Partners, LP 5/11/2011 7: SS: 46 AM Due May 1St PROJECT NAME The Wynnewood Peninsula Nature Trails SPONSOR NAME The City of The Colony CITY & COUNTY NAME The Colony, Denton County 1. SPONSORING ENTITY Contact Person: Keith Helms (person TPWD may contact for further information) Title: Park Development Manager Mailing Address: 5151 North Colony Blvd. City: The Colony State: TX Zip Code: 75056 Email Address: keith@tcpard.com Federal Tax Identification Code: 75-1570670 or 501 (C) (3) or (C) (4) exemption (please include tax number and printout - see page 6) Area Code &Telephone No: ( 972 ) 625.1106 ext. 2541 Fax No. (972) 625-2321 Authorized Signature Date To the best of my knowledge and belief, all documentation in this application is true and correct, the application has been duly authorized by the governing body of the applicant, and the applicant agrees to comply with all program rules and procedures if grant assistance is awarded. 2. INTENDED USES (Check One) ❑ Motorized Use X Non-motorized Use ❑ Both 3. TYPES OF USE (Check All That Apply) X Bicycling X Mountain Bicycling X Hiking/Walking ❑ Equestrian X Jogging/Running ❑ Skating/Skateboarding ❑ Motorcycles El Four-wheel Drive Vehicles ❑ All Terrain Vehicles X Wheelchairs X Provisions for Disabilities ❑ Other 4. PROJECT LENGTH New construction 3 miles (miles or feet) Renovation of existing (miles or feet) 5. GRANT FUNDS REQUESTED $ 200,000 Page I I of 24 Professional Services Agreement City of The Colony, Texas - Tribute Partners, LP 5/1112011 7:55:46 AM 6. DESCRIPTION OF PROJECT Please provide a clear and concise description of the proposed project in the space below. Include a description of the trail length, width, surfacing, and configuration (loop, linear, network); trailhead and trailside amenities. Detail all work to be performed; any right-of-way or easements to be acquired; the relationship between project and any other work planned or existing; partnerships and/or community involvement; and educational/interpretive aspects of the project. (Limit to 1 page). The Wynnewood Peninsula Nature Trails is a 3-mile non-motorized use trail on the eastern shore of Lewisville Lake. The property is owned by the federal government (US Army Corps of Engineers) and leased to the City of The Colony as park land. The Trails are part of the "Trail Master Plan" for The City of The Colony (Supplemental Figure 2) and will provide public access to the preserved southern tip of the peninsula and to a 16 acre site designated as Wildlife Management Area by the Corps. The purpose of the trail is to provide low impact recreational opportunities, where families and individuals can enjoy green space and lake access Trail dimensions: The proposed trail is approximately 3 miles, comprised of a 1-mile linear section and a 2-mile loop at the southern tip of the peninsula. The trail will meet City and emergency access standards, using a 10-foot wide trail design. The trail is comprised of a geoweb product and 6-inches of decomposed granite or equivalent. (Supplemental Figure 4 & 8) Trailhead and trail amenities: In order to access the trail, we are proposing an approximately 10,000 square foot geoweb reinforced parking area, designed to fit approximately 20 parking spaces and requisite road dimensions for fire and emergency access. The trailhead parking will be built with private funding as Phase 1 of the trail development prior to the other trail improvements. Bathrooms for the trailhead, as well as future trail amenities such as look-outs are not being requested in this application, and will be completed as part of future phases. The priority of this application is to open up trails and green space for public use where none currently exist. Work to be performed: The bulk of the work to be performed under this grant application is actual installation of the trail. Concept and survey work has been done, with permission from the Army Corps of Engineers and the City. The grant funds will go directly to the cost of materials and installation labor. Right-of-Way: The trailhead and a portion of the linear section of the trail is in a future ROW easement in the Master Thoroughfare Plan, however, the City supports the use under the condition that the trailhead can be moved at a future time. No additional land or easement acquisition is required. The Colony Trail System: The Wynnewood Peninsula Nature Trails are a key component of The Colony's Trail Master Plan. The trails compliment a series of nature trails throughout the City itself as well as the adjacent housing development. Trails continue to be the top priority as requested by residents and shown in the recent Community Development Master Plan (submitted to TPWD fall 2009) Partnership: The building of the trails represents a cooperative partnership between the federal government (the Army Corps of Engineers), local government, a private sponsor, and hopefully state government (TPWD). The project will be overseen and sponsored by The City of the Colony, but with the participation of all other affiliated parties, the project is sure to be a success. The southern tip of Wynnewood Peninsula (the location of the trails) is a gorgeous natural area, comprised of both preserved areas and areas that have simply remain untouched. By installing a low- impact trail system, it is our hope that we can retain the natural balance of the area, while letting residents and avid hikers enjoy the natural beauty. Page 12 of 24 Professional Services Agreement City of The Colony, Texas - Tribute Partners, LP 5/11/2011 7:55:46 AM 7. ITEMIZED BUDGET Provide in the space below an itemized list of all activities to be undertaken and the cost of each activity. Provide as much detail as possible (consider materials - surfacing, lumber, stones, etc.; labor - volunteer or paid;. service contracts; equipment/tool rental and/or value of in-house; land acquisition. Design, engineering, or architectural services may not exceed 10% of the total project costs; resource surveys/site assessments may not exceed 15%. Sponsor's administrative costs cannot be included. Please call with questions or for clarification. Wynnewood Peninsula Nature Trails Cost Estimate Figures are not guaranteed and are indicative only Geoweb install $/sq.ft. Geoweb Trail system complete with Geotextile base, 4" Geoweb, anchor clips, connectors 1.58 Decomposed Granite 6 inches deep compacted in place 1.10 Construction Labor 0.80 Equipment (trucks, loaders, hand tools) 0.35 Earthwork 0.14 TOTAL COST 3.97 Trail Phasing Plan Total sq.ft. Cost r - I Phase 2 - 10' wide connection to the loop 5,200 linear feet 52,000 $ 206,440 I I I I Phase 3 - 10' wide peninsula nature loop 0,000 linear feet------------------------0 $ 397,000 J TOTAL PROJECT COST $ 720,780 TOTAL PROJECT COST APPLICABLE TO GRANT $ 603,440 Page 13 of 24 Professional Services Agreement 04, of The Colony, Texas - Tribute Partners, LP 511112011 7:55:46 AM 8. PROJECT COSTS AND REQUESTED FUNDS Total Itemized Project Costs (from item 7 on previous page) $+603,440 Federal Funds Requested (80% or less of above line) $ _200,000 _ Local Match Required (at least 20% of top line) $403,440 9. PROPOSED METHOD OF FINANCING SPONSOR'S SHARE Please describe in the space below the source of funds, donations, or in-kind contributions that will make up the sponsor's match (at least 20%). You may include government appropriations; private donations of land, easement, cash, labor, materials, and equipment; or in-house labor, equipment, and materials. Sponsor's match has already been committed through a donation from a private entity that owns adjacent land. 10. MAINTENANCE In the space below, briefly describe the identified commitment to continued operation and maintenance of the project. Please indicate who will be responsible for which tasks and who will finance them. The City of The Colony has an existing trail (The Colony Shoreline Trail - 3.5 miles long) constructed of the same materials and techniques. The City has a dedicated Trail Maintenance Worker that supervises the existing trail. The trail surface is monitored regularly for wear and erosion and "topped-off" as needed. Vegetation along the trail is controlled chemically and/or mechanically to maintain safety and visibility on the trail but does not extend more than two feet beyond the edge of the trail in order to protect the natural setting of the area. The trail in this application will be maintained to the same high standards to ensure the safety of the trail and its patrons as well as the aesthetic and environmental value of the peninsula. The private entity will be responsible for maintaining the trail under the supervision of the City until a predetermined time when the City will take over full maintenance. 11. PROJECT USE AND BENEFITS Provide in the space below a brief description of the benefits of the proposed project in terms of the project's quality, geographic scope, recreational needs that are to be met, and expected amount of trail use or population to be served. The Wynnewood Peninsula Nature Trails continue the great efforts of The City of The Colony to enrich public access to green space, and provide natural facilities for recreation, fitness, and interaction with nature. The Colony's past efforts in developing trails on Corps of Engineers property and throughout the city, demonstrate their commitment to high quality and great value in providing trails and other recreational opportunities. The trails are open to the general public and will be solely used for walking, hiking and biking, and will provide an exceptional canvas to experience raw preserved nature on the banks of Lake Lewisville. Page 14 of 24 Professional Services Agreement City of The Colony. Texas - Tribute Partners, LP 511112011 7:55:46 AM The trails will serve the 40, 000 and growing population of The Colony, but also neighboring communities including Little Elm, Frisco, Plano, and Lewisville. The residents of the adjacent Tribute community, a new development with an eventual 3600 residential units, will have walking access to the trails. Several thousand residents in nearby Frisco neighborhoods will also have easy hike/bike access by way of the Lebanon Rd. Trail that was completed early last year. 12. TRAIL CORRIDOR INFORMATION Describe below the ownership of the trail corridor. If the land is currently in public hands, identify the name of the public land. If the land is not in the sponsor's ownership, include a statement of permission to construct trail project from the landowner. If land, easement, or other property interest will be acquired, describe how this will be accomplished. If acquisition in fee, include a statement of why easement was not possible. The land is owned by The Army Corps of Engineers. The Corps leases the land to The City of The Colony, who in turns leases the land to a private entity, who will be sponsoring the 20% requisite match. Ali three parties have agreed in concept that Nature Trails are the highest and best use for the land. There will be no cost associated with acquiring the land, and all construction will only be carried out with endorsement of both the City of The Colony and the Army Corps of Engineers. 13. PROJECT LOCATION A. City: The Colony County: Denton B. State Legislative District Numbers: (www.senate,state.tx.us Go to Senators/Who Represents Me?). Type in the project site address to locate your Texas Senate District, Texas House Representative District and U.S. Congressional District number. Please print out the page from your computer that indicates the project location numbers and attach to this application. Do not leave these three district numbers blank. There can only be one district number for each of these categories listed below. Please till in completely. 1. Texas Senate District No. 12 2. Texas House Representative District No. 64 3. Congressional District No. 26 Page 15 of 24 Professional Services Agreement City of The Colony, Texas - Tribute Partners, LP 511112011 7.55:46 AM CHECKLIST FOR SUBMISSION One original and 12 copies of the completed application package must be postmarked by May 1s` and must be submitted to: Texas Parks and Wildlife Department Recreational Trails Program 4200 Smith School Rd. Austin, Texas 78744 All applications should include the following supplemental documents: 1. Site map locating the trail for orientation purposes. The trail drawn on a park map or city map will do. 2. A U.S.G.S. topographic map (7.5 minute series) with the trail location drawn on map. We only need one of these, not 12 copies. An 8.5 x 11 inch copy of the portion of the map on which the project is located will suffice, but write the name of the quadrangle on the copy. 3. Photographs of the site 4. A legislative district printout (from the (www.senate.state.tx.us website) that corresponds to the sponsor location district number requested in 13.8 of page 5 of this application. 5. A printout of Vendor Account Information (http://ecpa.cpa.state.tx.us/vendor/tpsearchl.html) for your business or a printout of your corporation search (http://ecpa.cpa.state.tx.us/coa/Index.html) with a vendor number that corresponds to the vendor number that is listed on page 1. If relevant to the specific project: • Statement of (public or private) land owner's willingness to allow the trail project, if not on sponsor's land • Statement of property owner's willingness to negotiate for a transfer, if property is proposed for acquisition • Statement that new trail construction on federal land is consistent with federal agency's land management plan for the impacted area Please limit the answers to application questions within the space provided and be concise. Do not submit applications with binders, covers, or folders as they are removed for review. Page 16 of 24 Professional Services Agreement City of The Colony, Texas - Tribute Partners, LP 511112011 7:55:46 AM Supplemental Figure 1: Proposed Location tt ~ 1 x 1 t i f J , p F 01 AA r Supplemental Figure 2: City Trail Master Plan Trail System rr j Master Plan n, r r i M • ~ - snm sko V, inc. Supplemental Figure 3: Photos G, ~'f iY ~ ~ F k- V WOW Page 18 of 24 Professional Services Agreement City of The Colony, Texas - Tribute Partners, LP 5/11/2011 7:55:46 AM is 'if►3pg' h,`~},E,'"` w•s oti:.> .a,. •e'A. w,w Jk i. ' . *Xr 4 ~ 3 ~ 4V r4 ~~51 •~e +~.A-4kT i a s 'tom } K. r"r* it y•i Anl f A sl ',L~ ~Y'.-'a~i.~ •~-~a.,. 3U.."i~tYJ, a ~ ~ :.,~~.,.t2 ~5., .~tR ..~,*a6:fi~-~ ~c~. r~ i"S Supplemental Figure 4: Potential trail design f,£;,:4i 1_,F_ fNIAr <rIf L %t T'?, c+uH:t::Y.N',f :itt j r,-,".,'AL' nL. IL OX vC,".eV TEL, I Page 19 of 24 Professional Services Agreement City of The Colony, Texas - Tribute Partners, LP 511112011 7:55:46AAI Supplemental Figure 5: Trailhead figures g ~w C t w i 5 Trill l 3 , r . t . iy.. Supplemental Figure 6: The Tribute Trail Plan I Page 20 of 24 Professional Services Agreement City of The Colony, Texas - Tribute Partners, LP 511112011 7.55.46 AM Tribute Trail flan , 4,'`';~- ~ 4'Jopphp Trcrl arM 6'llm lFal - - x y1'~YP• i rot t^` 16 i' [aonfmte iro71 Ndr_ Trd Cbnroctkm N verity mw-, BY Owryr ~ cfr d . Pun l J ~ t! 47 r ~ n , t s~ ~s I~ Aa 3 4 ,y2{J- t. gTTHt S,iUJ1Y >T VV,-,N_ JACKSIJV WC Supplemental Figure 7: Specific Trail Plan Survey Page 21 of 24 Professional Services Agreement City of The Colony, Texas - Tribute Partners, LP 5/11/2011 7:55:46 AM `~~~'G+~' ?~,2,51i` qtr\a„{e j!. it - ~ ~ ~/R.v. `~a'Y4wa 4IW { iIr 1p31 11,1 w*lk. a'- 9 AN Al 1 ~ ~•iaw f Page 22 of 24 Professional Services Agreement City of The Colony, Texas - Tribute Partners, LP 5/1112011 7: 55: 46 Ad! Supplemental Figure 8: Nature Trail Exhibit I ,v, J ~I hU4 •..:p i f. JVTw4- - i L• f'Q THE TRIBUTE TRAIL EXHIBIT y-~~ USACE - LOWER PENINSULA -d - V-300' Page 23 of 24 Professional Services Agreement City of The Colony, Texas - Tribute Partners, LP 5111 /2011 7.55:46 AM Supplemental Figure 9: Topo Survey 1 1 1 CO r ~ i Page 24 of 24 Professional Services Agreement City- of The Colony, Texas - Tribute Partners, LP 5;11:2011 7: 55: 46 AM