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Agenda Packet 11/08/2022Town of Trophy Club Meeting Agenda Packet Town Council 1 Trophy Wood Drive Trophy Club, Texas 76262 November 08, 2022 7:00 PM Council Chambers CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Fleury INVOCATION led by Pastor Jeff Brooks, Lake Cities Church of Christ PLEDGES led by Council Member Sheridan Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. ANNOUNCEMENTS AND REPORTS 1.Fire Department Poster Contest Winners (J. Wise). 2.Texas Fire Marshal’s Association Achievement of Excellence Award in Fire Prevention (J. Wise). 3.Update on upcoming Community Events (T. Jaramillo). PUBLIC COMMENT(S) This is an opportunity for citizens to address the Council on any matter. The Council is not permitted to discuss or take action on any presentations made. Presentations are limited to matters over which the Council has authority. Speakers have up to four (4) minutes or the time limit determined by the Presiding Officer. Each speaker must have submitted their request to speak by completing the Speaker’s Form or may email mayorandcouncil@trophyclub.org CONSENT AGENDA 4.Take appropriate action to accept the Fourth Quarter Investment Report for FY 2022 (W. Carroll). 5.Consider and take appropriate action to approve a purchase order to Motorola for the purchase of (3) three portable radios for the fire department. (J. Wise). 6.Consider and take appropriate action to approve a purchase order for annual legal services provided by David Dodd. (W. Carroll). 7.Take appropriate action to approve the Regular Town Council Meeting Minutes for October 25, 2022 (A. Otterson). 8.Take appropriate action to approve a purchase order for janitorial services for the Trophy Club Town Hall, Police Department and Fire Station (M. Cox) INDIVIDUAL ITEMS 9.Cancel November 15, 2022 Meeting (W. Carroll). 10.Discuss and take action on the Community Pool Facility Capital Improvement Project (T. Jaramillo). 11.Consider and take appropriate action to authorize professional services from Teague, Nall, and Perkins to provide a drainage study and recommend solutions for the drainage area along and downstream of Inverness Drive and provide capital improvement plans for bank erosion along Skyline Creek in Trophy Club (W. Carroll). 12.Future Agenda Items List (W. Carroll). EXECUTIVE SESSION 13.Pursuant to the following designated section of the Texas Governmental Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Town Council will recess into executive session to discuss the following: a) Section 551.071 AttorneyClient Privilege – Deliberate a possible Interlocal Agreement with multiple governmental entities to provide services to Trophy Club citizens. b) Section 551.087 Economic Development Negotiations regarding prospective commercial projects within the Town of trophy Club. RECONVENE INTO REGULAR SESSION ADJOURN One or more members of the Town Council may participate remotely using video conferencing pursuant to Chapter 551 of the Texas Government Code. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Friday, November 4, 2022 by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Anita Otterson Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 6822372900, 48 hours in advance, and reasonable accommodations will be made to assist you. 1 Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262November 08, 2022 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM Mayor FleuryINVOCATION led by Pastor Jeff Brooks, Lake Cities Church of Christ PLEDGES led by Council Member SheridanPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.ANNOUNCEMENTS AND REPORTS1.Fire Department Poster Contest Winners (J. Wise).2.Texas Fire Marshal’s Association Achievement of Excellence Award in Fire Prevention(J. Wise).3.Update on upcoming Community Events (T. Jaramillo).PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter. The Councilis not permitted to discuss or take action on any presentations made. Presentationsare limited to matters over which the Council has authority. Speakers have up to four(4) minutes or the time limit determined by the Presiding Officer. Each speaker musthave submitted their request to speak by completing the Speaker’s Form or may email mayorandcouncil@trophyclub.org CONSENT AGENDA 4.Take appropriate action to accept the Fourth Quarter Investment Report for FY 2022 (W. Carroll). 5.Consider and take appropriate action to approve a purchase order to Motorola for the purchase of (3) three portable radios for the fire department. (J. Wise). 6.Consider and take appropriate action to approve a purchase order for annual legal services provided by David Dodd. (W. Carroll). 7.Take appropriate action to approve the Regular Town Council Meeting Minutes for October 25, 2022 (A. Otterson). 8.Take appropriate action to approve a purchase order for janitorial services for the Trophy Club Town Hall, Police Department and Fire Station (M. Cox) INDIVIDUAL ITEMS 9.Cancel November 15, 2022 Meeting (W. Carroll). 10.Discuss and take action on the Community Pool Facility Capital Improvement Project (T. Jaramillo). 11.Consider and take appropriate action to authorize professional services from Teague, Nall, and Perkins to provide a drainage study and recommend solutions for the drainage area along and downstream of Inverness Drive and provide capital improvement plans for bank erosion along Skyline Creek in Trophy Club (W. Carroll). 12.Future Agenda Items List (W. Carroll). EXECUTIVE SESSION 13.Pursuant to the following designated section of the Texas Governmental Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Town Council will recess into executive session to discuss the following: a) Section 551.071 AttorneyClient Privilege – Deliberate a possible Interlocal Agreement with multiple governmental entities to provide services to Trophy Club citizens. b) Section 551.087 Economic Development Negotiations regarding prospective commercial projects within the Town of trophy Club. RECONVENE INTO REGULAR SESSION ADJOURN One or more members of the Town Council may participate remotely using video conferencing pursuant to Chapter 551 of the Texas Government Code. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Friday, November 4, 2022 by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Anita Otterson Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 6822372900, 48 hours in advance, and reasonable accommodations will be made to assist you. 2 Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262November 08, 2022 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM Mayor FleuryINVOCATION led by Pastor Jeff Brooks, Lake Cities Church of Christ PLEDGES led by Council Member SheridanPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.ANNOUNCEMENTS AND REPORTS1.Fire Department Poster Contest Winners (J. Wise).2.Texas Fire Marshal’s Association Achievement of Excellence Award in Fire Prevention(J. Wise).3.Update on upcoming Community Events (T. Jaramillo).PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter. The Councilis not permitted to discuss or take action on any presentations made. Presentationsare limited to matters over which the Council has authority. Speakers have up to four(4) minutes or the time limit determined by the Presiding Officer. Each speaker musthave submitted their request to speak by completing the Speaker’s Form or mayemail mayorandcouncil@trophyclub.orgCONSENT AGENDA4.Take appropriate action to accept the Fourth Quarter Investment Report for FY 2022(W. Carroll).5.Consider and take appropriate action to approve a purchase order to Motorola for thepurchase of (3) three portable radios for the fire department. (J. Wise). 6.Consider and take appropriate action to approve a purchase order for annual legalservices provided by David Dodd. (W. Carroll). 7.Take appropriate action to approve the Regular Town Council Meeting Minutes forOctober 25, 2022 (A. Otterson).8.Take appropriate action to approve a purchase order for janitorial services for theTrophy Club Town Hall, Police Department and Fire Station (M. Cox)INDIVIDUAL ITEMS9.Cancel November 15, 2022 Meeting (W. Carroll).10.Discuss and take action on the Community Pool Facility Capital Improvement Project(T. Jaramillo).11.Consider and take appropriate action to authorize professional services from Teague,Nall, and Perkins to provide a drainage study and recommend solutions for thedrainage area along and downstream of Inverness Drive and provide capitalimprovement plans for bank erosion along Skyline Creek in Trophy Club (W. Carroll).12.Future Agenda Items List (W. Carroll).EXECUTIVE SESSION13.Pursuant to the following designated section of the Texas Governmental Code,Annotated, Chapter 551 (Texas Open Meetings Act), the Town Council will recessinto executive session to discuss the following:a) Section 551.071 AttorneyClient Privilege – Deliberate a possible InterlocalAgreement with multiple governmental entities to provide services to Trophy Clubcitizens.b) Section 551.087 Economic Development Negotiations regarding prospectivecommercial projects within the Town of trophy Club.RECONVENE INTO REGULAR SESSION ADJOURN One or more members of the Town Council may participate remotely using video conferencing pursuant to Chapter 551 of the Texas Government Code. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Friday, November 4, 2022 by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Anita Otterson Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 6822372900, 48 hours in advance, and reasonable accommodations will be made to assist you. 3 Page 1 of 2 To: Mayor and Town Council From: Wade L. Carroll, Town Manager CC: Anita Otterson, Town Secretary April Duvall, Chief Financial Analyst Re: Fiscal Year 2022 – Fourth Quarter Investment Report Town Council Meeting, November 8, 2022 Agenda Item: Consider and take appropriate action regarding the Fourth Quarter Investment Report for Fiscal Year 2022 (W. Carroll). Strategic Link: Administrative & Financial Services – Exercise fiscal discipline in all Town operations. Background and Explanation: The Town’s current interest-bearing accounts have an ending market value of $22,451,953 as of September 30, 2022, which is a decrease of $2,037,393 since June 30, 2022. Property tax revenue is collected primarily in the first and second quarters of the year. The portfolio is liquid with a weighted average life of 1 days. It is normal for outflows to exceed inflows in the fourth quarter of the fiscal year. The Town has $2,227,440 more cash than this time last year. The total average yield for this quarter was 2.38% which is slightly lower than the average rolling 6-month Treasury-Bill yield of 2.46% for the same period. A substantial portion of the Town’s investments remain placed in the InterBank Insured Cash Sweep account to take advantage of the fund’s liquidity and the 3.25% yield. Financial Considerations: Interest earnings for this quarter total $104,932, this gives the Town a year-to-date interest earning of $185,611 for Fiscal Year 2022. Legal Review: Not applicable 4 Page 2 of 2 Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends acceptance of the Fourth Quarter Investment Report for Fiscal Year 2022. Attachments: •Fourth Quarter Investment Report FY 2022 Town Council Approval: Mayor Alicia L. Fleury or designee 5 TOWN OF TROPHY CLUB QUARTERLY INVESTMENT REPORT For the Quarter Ended September 30, 2022 Prepared by Valley View Consulting, L.L.C. The investment portfolio of the Town of Trophy Club is in compliance with the Publ ic Funds Investment Act and the Investment Policy and Strategies. l:!:t.l 4/( Disclaimer: These reports were compiled using information provided by the Town . No procedures were performed to test the accuracy or completeness of this information . The market values included in these reports were obtained by Valley View Consulting , L.L.C. from sources believed to be accurate and represent proprietary valuation . Due to market fluctuations these levels are not necessarily reflective of current liquidation values . Yield calculations are not determined using standard performance formulas , are not representative of total return yields , and do not account for investment advisor fees . 6 Annual Comparison of Portfolio Performance FYE Results by Investment Category: September 30, 2021 September 30, 2022 Asset Type Demand Accounts Money Markets/Local Gov't Investment Pools CDs/Securiti es Fourth Quarter-End Yield Average Quarter-End Yields (1): Trophy Club Rolling Three Month Treasury Rolling Six Month Treasury TexPool Fiscal YTD Interest Earnings Totals Ave. Yield Book Value 0 .61% $ 3 ,384 ,294 0 .33% 16 ,840 ,219 0 .00 % Market Value $ 3 ,384,294 16,840 ,219 $ 20,224,513 $ 20,224,513 0.38% 2021 Fiscal Year 0 .26% 0 .06% 0 .08% 0.04% $ 38 ,650 (Approximate) Ave. Yield 0.19% $ 2.92% 0 .00% $ 2.38% 2022 Fiscal Year 1.10% 1 .06% 1.01% 0 .90% Book Value 4,492 ,7 38 17 ,959 ,215 22,451,953 $ 185 ,611 (Approximate) (1) Average Quarterly Yield calculated using quarter-end report average yield and adjusted book value . Town of Trophy Club Valley View Consulting , L .L.C . Market Value $ 4,492 ,738 17,959 ,215 $22,451,953 7 Strategy Summary Quarter End Results by Investment Category: Asset Tlee Ave. Yield Demand Accounts 0.24% Money Markets/Local Gov't Investment Pools 1.47% Totals 1.32% Current Quarter Average Yield (1) Total Portfolio 2.38% Rolling Three Month Treasury Rolling Six Month Treasury TexPool 2.76% 2.46% 2.41% June 30, 2022 Book Value Market Value $ 2 ,990 ,035 $ 2,990 ,035 21,499 ,311 21,499 ,311 $ 24,489,346 $ 24,489,346 Interest Revenue (Approximate) Quarterly Interest Income $ 104 ,932 Year-to-date Interest Income $ 185,611 Seetember 30, 2022 Ave. Yield Book Value Market Value 0 .19% $ 4,492 ,738 $ 4,492 ,738 2 .92% 17 ,959 ,215 17 ,959,215 2 .38% $ 22,451,953 $ 22,451,953 Fiscal Year-to-Date Average Yield (2/ Total Portfolio 1.10% Rolling Three Month Treasury Rolling Six Month Treasury TexPool 1.06% 1.01% 0.90% (1) Current Quarter Average Yield -based on adjusted book value , real ized and unrealized gains/losses and investment advisory fees are not considered . The yield for the reporting month is used for bank , pool , and money market balances . (2) Fiscal Year-to-Date Average Yields -calculated using quarter end report yields and adj usted book values and does not reflect a total return analysis or account for advisory fees . 2 Town of Trophy Club Valley View Consulting , L.L.C. 8 Economic Overview 9/30/2022 The Federal Open Market Committee (FOMC) raised the Fed Funds target range 0 . 75% to 3.00% -3 .25% September 21st (Effective Fed Funds are trading +/-3.10%). The FOMC continued actively reducing their balance sheet. An additional 0 .50% - 0 .75% increase is currently anticipated November 2nd . Second Quarter GDP was confirmed at -0.6%. Domestic and international economies are slowing . September Non-Farm Payroll added 263k new jobs with a Three Month Average of 372k. Crude oil fell below $80 per barrel, but OPEC+ announced a target production reduction of 2 million barrels/day. The Stock Markets continued bouncing down and are +/-20% below the 2021 peak. The negatively sloped yield curve (6 months to 10 years, with peak yield at 3 years) may indicate lower future interest rates . Inflation remained well over the FOMC 2% target (Core PCE +/-4.9% and CPI exceeding 8%). Treasu Yield Curves 4 .50 ~---------...;;..;. _ _,_ _______________ --, 4 .00 3 .50 -l-,.._ _________________________ --J 3.00 ~----=-----------L-----------------1---1111 2.50 +-------------------------------1 2 .00 +--------------------------------1 1.~ -----1.00 +------------------,-1------"'""-=-------------l 0 .50 +---------,----------------------------1 0.00 ~.....-.._,~~r-,---,-r-r---,-r-r---,-,......,.~~--,--~r-,-~r-,---,-...-,---,-,......,.~~--,--~~ o~ ro~o ..i..<v,{s- " • • , September 30 , 2021 June 30, 2022 -September 30 , 2022 US Treasury Historical Yields -Since 2006 6.00 ~-----------=------------------------, 5 .50 -1-----------------------------------l 5 .00 +..,.~.,_-----------------------------l 4 .50 -,..-'-'lf-""-w.Jh.-----------------------------1 4 .00 i----WH,.--,1-½-------------------------t 3 .50 +-----1:9--'R-.,flif.--ta--------------.--------j 3.oo -1---_.lcl-.r'-IJt!._:_-'ll..,..:.._..., ___ ,._..,,---------.... ca-------- 2.50 +-----ll--Jli--ll'.___--1'---H+--4111'---?-1h+---~--AIIJ-/1~..__-----1"1 2 .00 +---_JIIEi,l-l-----....... :.1:.----'--l-Wil-'l'-lr:.HP:::....-.~--'-fti.,...-----f-ll--j 1.50 -l----~-¾-------'-..,._~.,_---'---+-P -,-~,_ __ .,.IP--_...,14f-&--I 1.00 +-----__._-tb-"ldl\--:-:----------Aa:T:;Jf-::411...,_ ___ _,._rf-_._f.'---I 0.50 0 .00 ~~~~~~~~~~~~~~◊◊~~~~~~~~~~~~~~pp~~ )'1><,; )J')",§' )-s')'I><,; )-s')'I><,; )V\'1><:< )V\'1><:< )V\'1><:< )v\'1><:< )-s')'I><;< )-s')'I><;< )V\'1><:< )v\-§" )V\'1><:< )-s')'I><;< )V\'1><:< )v\'1><:< )v'\'1><:" )Vy • • , s;x Month r-am -Two Year I-Note -Ten Year I-Note 5 ,250 5 ,000 4,750 4 ,500 4 ,250 4,000 3 ,750 3 ,500 3,250 3 ,000 2,750 2,500 2 ,250 2,000 1,750 1,500 1,250 1,000 750 500 250 0 ~ ~· ~ ~ S&P 500 .a. ---.... -. -~ -- --.#W -• ... -... • .. ,., . • -, .. -■ • US Treasury Historical Yields -Since Nov 2015 4 .50 ~---------~----------------------, 4 .00 -1------------------------------------t 3 .50 +-------------------------------.-111 3 .00 +------------~c-#-~----------------.-i..i1-1 2 .50 +-------,~½.r-:---,c-..--N=-__. .. 'l-11,,---------------tci..---1 2 .00 +--'--..---~--------1--~-----1r-9..--,------------.,-,-. 1 .50 -1--'---'-'""----~~....._ ______ __,,,_.,~._-----,~"'.:IJ._.Hl"""T--t 1.00 -bl\--::--::----f--=-._--"-------------------1:-------,----, I • • , Six Month I-Bill Two Year I-Note -Ten Year I-Note Valley View Consulting , L.L .C . 3 9 Investment Holdings September 30, 2022 Coupon/ Maturity Settlement Book Market Market Life Descrietion Ratings Discount Date Date Par Value Value Price Value {dals! Yield Wells Fargo -Cash (3) 0.19% 10/01/22 09/30/22 $ 4,492,738 $ 4,492,738 1.00 $ 4 ,492 ,738 1 0.19% lnterBank Money Market Account 2.76% 10/01/22 09/30/22 249 ,558 249 ,558 1.00 249,558 1 2 .76% lnterBank lntraFi MMA 3.25% 10/01/22 09/30/22 11 ,852,950 11 ,852 ,950 1.00 11,852,950 1 3.25% TexPool LGIP AAAm 2.41% 10/01/22 09/30/22 3 ,343 ,517 3,343,517 1.00 3 ,343 ,517 1 2.41% TexasCLASS LGIP-Gov't AAAm 2.06% 10/01 /22 09/30/22 2 ,513 ,191 2 ,513,191 1.00 2,513,191 1 2.06% $ 22,451,953 $ 22,451,953 $ 22,451,953 1 2.38% (1) (2) (1) Weighted average life -For purposes of calculating weighted average life , bank accounts , pools and money market funds are assumed to have an on e day maturity . (2) Weighted average yield to maturity -The weighted average yield to maturity is based on adjusted book value , realized and unrealized gains/losses and investment advisory fees are not considered . The yield for the reporting month is used for bank accounts , pools and money market funds . (3) Effective Blended Rate -Stated Earnings Credit Rate (0.70%) and GAIC Interest Rate (0.40 %) adjusted for Balance Assessment fee and then calculated as a Weighted Average Yield . Town of Trophy Club Valley View Consulting , L.L .C. 4 10 MMNMMF/LGIP Portfolio Composition Demand Accounts 20% Total Portfolio Performance -TexPool -Weighted Average Yield -Rolling 6 Month T--Bill Distribution by Maturity (Millions) $25 Total Portfolio (Millions) $30 ~-------------------- $25 +-------------------11,.--1 $20 +--------------=-------n11--1111111 $15 -t------H-n-lHrU----11½1~- $10 -Ht --H -..-IH!- $5 .. Quarter End Book Value Town of Trophy Club Valley Vi ew Consulting , L.L.C . 5 11 Book & Market Value Comparison Issuer/Description Yield Maturity Book Value Increases Decreases Book Value Market Value Change in Market Value Date 06/30/22 09/30/22 06/30/22 Market Value 09/30/22 Wells Fargo -Cash (3) 0 .19% 10/01/22 $ 2 ,990,035 $ 1 ,502 ,703 $ -$ 4,492 ,738 $ 2,990,035 $ 1,502 ,703 $ 4,492 ,738 lnterBank Money Market Account 2 .76% 10/01/22 249 ,318 239 -249 ,558 249 ,318 239 249 ,558 lnterBank lntraF i MMA 3 .25% 10/01/22 13,825 ,792 -(1 ,972,842) 11 ,852 ,950 13 ,825,792 (1 ,972 ,842) 11 ,852 ,950 TexPool LGIP 2.41% 10/01/22 4,923,111 -(1 ,579 ,594) 3 ,343 ,517 4 ,923 ,111 (1 ,579 ,594) 3 ,343 ,517 TexasCLASS LGIP-Gov't 2.06% 10/01/22 2 ,501 ,090 12 ,101 -2 ,513 ,191 2 ,501 ,090 12 ,101 2 ,513,191 TOTAL/AVERAGE 2.38% $ 24.489 346 $ 1 515043 $ (3 552 436 ~ 22 451 953 $ 24 489 346 $ 12 037.393 $ 22 451 953 6 Town of Trophy Cl ub Valley V iew Consulting , L.L.C . 12 Allocation September 30, 2022 Book & Market Value American Storm Hotel Parkland Total General Fund Rescue Plan Debt Service Drainage EDC Occupancy Dedication Act Utility Tax Wells Fargo -Cash $ 4,492 ,738 $ 1,549 ,681 $ 2 ,905 ,552 $ $ $ $ 37 ,506 $ lnterBank Money Market 249 ,558 124,779 lnterBank lntraFi MMA 11 ,852,950 6,502 ,149 TexPool LGIP 3,343 ,517 1,092,855 107,302 1,278,477 864 ,883 TexasCLASS LGIP-Gov't 2,513,191 2 ,107,476 405 ,715 Total $ 22,451,953 $ 9,269,463 $ 2,905,552 $ 107,302 $ 1,278,477 $ 864,883 $ 2,144,981 $ 405,715 7 Town ofTrophy Club Valley View Consulting , L.L.C . 13 Allocation September 30, 2022 Book & Market Value Continued 2017 co 2021 co CIP Funds Bond Funds Bond Funds Wells Fargo -Cash $ $ $ lnterBank Money Market 124,779 lnterBank lntraFi MMA 847 ,545 4,052 ,930 450 ,326 TexPool LGIP TexasCLASS LGIP-Gov't Total $ 972,324 $4,052,930 $ 450,326 8 Town of Trophy Club Valley View Consulting , L.L.C . 14 Allocation June 30, 2022 Book & Market Value American Storm Hotel Parkland Total General Fund Rescue Plan Debt Service Drainage EDC Occupancy Dedication Act Utility Tax Wells Fargo -Cash $ 2 ,990 ,035 $ 1,595 ,135 $ 1,359 ,912 $ $ $ $ 34 ,988 $ lnterBank Money Market 249 ,318 124,659 lnterBank lntraFi MMA 13 ,825 ,792 7 ,911 ,049 TexPool LGIP 4 ,923 ,111 1,162 ,981 1,917 ,710 1,162 ,316 680 ,103 TexasCLASS LGIP-Gov't 2,501 ,090 2 ,024,469 476 ,621 Total $ 24,489,346 $10,793,824 $ 1,359,912 $ 1,917,710 $ 1,162,316 $ 680,103 $ 2,059,457 $ 476,621 9 Town of Trophy Club Valley View Consulting , L.L.C . 15 Allocation June 30, 2022 Book & Market Value Continued 2017 co 2021 co CIP Funds Bond Funds Bond Funds Wells Fargo -Cash $ $ $ lnterBank Money Market 124 ,659 lnterBank lntraFi MMA 936 ,871 4,480 ,085 497 ,787 TexPool LGIP TexasCLASS LGIP-Gov't Total $1,061,530 $4,480,085 $ 497,787 Town of Trophy Club Valley View Consulting , L.L.C . 10 16 Page 1 of 2 To: Mayor and Town Council From: Jason Wise, Fire Chief CC: Wade Carroll, Town Manager Anita Otterson, Town Secretary Re: Motorola Radio Purchase November 2, 2022 Agenda Item: Consider and take appropriate action to approve a purchase order to Motorola Solutions for the purchase of (3) three portable radios for the fire department. Strategic Link: This item relates primarily to the following strategic priorities and goals of the Town’s strategy map: Safety & Security – Enhance and ensure the capability of fire department communications on emergency incidents and special events. Administrative & Financial Services – Exercise fiscal discipline with an established replacement plan for portable and mobile radios. Background and Explanation: The Trophy Club Fire Department currently owns (25) twenty-five APX6000 portable radios and (13) thirteen mobile radios. We are transitioning to the APX 8000XE(2.5) model to enhance and ensure operational capability. Motorola Solutions is the Trophy Club Fire Department’s sole source provider for portable and mobile radio communications. Motorola’s hardware/software packages are vital in the management of emergency incidents. This technology enhances communication, firefighter safety, and accountability. The department goal is to replace the (25) twenty-five APX 6000 portable radios and the (13) thirteen mobile radios currently in use. These upgrades stem from Motorola’s discontinuation of the series and availability of parts. Repair services for the APX 6000 model may be limited or unavailable in the near future. 17 Page 2 of 2 Financial Considerations: The APX6000 portable radios will be phased out of operations via the TCFD replacement plan. The total cost of (3) three portable APX8000XE(2.5) radios & accessories in this purchase order is $26,076.90. Future purchases may be part of a revised replacement plan. The goal is to update radios in a timely manner to eliminate overlap and potential service problems. Legal Review: Not applicable Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends approval of the purchase of (3) three portable APX8000XE(2.5) radios. Attachments: •Motorola Solutions Quote #1797994 •Sole Source Letter •APX8000XE Data Sheet •Purchase Requisition Form 18 19 QUOTE-1797994 Trophy Club TCFD APX8000XE and Accessories 11/02/2022 The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote(“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner toanyone other than those required to evaluate the Information without the express written permission of Motorola.MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are theproperty of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. 20 11/02/2022 Trophy Club 295 TROPHY CLUB DR TROPHY CLUB, TX 76262 RE: Motorola Quote for TCFD APX8000XE and Accessories Dear Donnie Hurd, Motorola Solutions is pleased to present Trophy Club with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs. This information is provided to assist you in your evaluation process. Our goal is to provide Trophy Club with the best products and services available in the communications industry. Please direct any questions to Cody Cross at codycross@callmc.com. We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote. Sincerely, Cody Cross Account Executive Motorola Solutions Manufacturer's Representative QUOTE-1797994 21 Billing Address: TROPHY CLUB, TOWN OF 295 TROPHY CLUB DR TROPHY CLUB, TX 76262 US Shipping Address: TROPHY CLUB, TOWN OF 295 TROPHY CLUB DR TROPHY CLUB, TX 76262 US Quote Date:11/02/2022 Expiration Date:11/30/2022 Quote Created By: Cody Cross Account Executive codycross@callmc.com 6822299717 End Customer: Trophy Club Donnie Hurd dhurd@trophyclub.org 6822372941 Contract: 22918 - TX DIR Line # Item Number APC Description Qty List Price Sale Price Ext. Sale Price APX™ 8000 Series APX8000XE 1 H91TGD9PW6AN 0579 APX 8000 ALL BAND PORTABLE MODEL 2.5 3 $11,179.00 $8,193.34 $24,580.02 1a Q806CB 0579 ADD: ASTRO DIGITAL CAI OPERATION 3 1b Q361AN 0579 ADD: P25 9600 BAUD TRUNKING 3 1c Q667BB 0579 ADD: ADP ONLY (NON-P25 CAP COMPLIANT) (US ONLY) 3 1d QA02006AC 0579 ENH: APX8000XE RUGGED RADIO 3 1e QA00580AA 0579 ADD: TDMA OPERATION 3 1f Q58AL 0185 ADD: 3Y ESSENTIAL SERVICE 3 1g H38BS 0579 ADD: SMARTZONE OPERATION 3 1h QA01427AG 0579 ALT: APX8000/XE HOUSING GREEN 3 QUOTE-1797994TCFD APX8000XE and Accessories Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 3 22 Line # Item Number APC Description Qty List Price Sale Price Ext. Sale Price 2 PMMN4106D 0372 AUDIO ACCESSORY- REMOTE SPEAKER MICROPHONE,XE500 REMOTE SPKR MIC WITH CHANNEL KNOB, HIGH IMPACT GREEN 3 $665.28 $498.96 $1,496.88 Grand Total $26,076.90(USD) Notes: ● Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and Services Tax,sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will be added toinvoices. QUOTE-1797994TCFD APX8000XE and Accessories Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 4 23 Page 1 of 2 To: Mayor and Town Council From: Wade Carroll, Town Manager CC: Anita Otterson, Town Secretary Re: Requisition for procurement of legal services November 8, 2022 Agenda Item: Consider and take appropriate action regarding a requisition request for procurement of legal representation between the Town of Trophy Club and JD DODD Law for operations in general legal services; and authorizing the Mayor or her designee to execute all necessary documents. (W. Carroll) Strategic Link: This item relates primarily to the following strategic priorities and goals of the Town’s strategy map. Administrative and Financial Services Background and Explanation: JD Dodd Law has provided general legal services for the Town since May 2016. The contract is unchanged from the previous year and fee for services was approved as part of the FY2022-2023 budget. Mr. Dodd is charged with assisting Council and Staff with general law questions related to Town and Town Council business. Financial Considerations: There have been no changes to the initial contract signed in 2016, all fees and expectations remain the same. The contract was accounted for and approved as part of the fiscal year 2023 budget. Legal Review: Not applicable Board/Commission/ or Committee Recommendation: Not applicable 24 Page 2 of 2 Staff Recommendation: Staff recommends approval of the requisition. Attachments: •Town Attorney Agreement Town Council Approval: Mayor Alicia Fleury or designee 25 26 27 28 29 30 31 32 1 Town of Trophy Club Town Council Regular Session Minutes Tuesday, October 25, 2022; 7PM The Trophy Club Town Council met in a Regular Meeting on Tuesday, October 25, 2022. The meeting was held at Town Hall, 1 Trophy Wood Drive in the Council Chambers. TOWN COUNCIL MEMBERS PRESENT: Alicia L. Fleury Mayor Greg Lamont Mayor Pro Tem, Place 1 Jeff Beach Council Member, Place 2 Dennis Sheridan Council Member, Place 3 Karl Monger Council Member, Place 4 LuAnne Oldham Council Member, Place 5 Steve Flynn Council Member, Place 6 STAFF PRESENT: Wade Carroll Town Manager David Dodd Town Attorney Jason Wise Fire Chief Patrick Arata Police Chief Tony Jaramillo Director of Parks and Recreation Anita Otterson Town Secretary Matt Cox Community Development Director Jill Lind Marketing and Communications Director Denise Deprato Human Resources Director CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Fleury called the meeting to order at 7:00 PM and noted a quorum with all Council Members present. INVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes PLEDGES led by Council Member Oldham Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. PUBLIC COMMENTS Sara Monger, 192 Durango Drive – Ms. Monger thanked Council for their support for the TCWC garage sale. ANNOUNCEMENTS AND REPORTS 1.Badge pinning for new Police officers and Fire Personnel (P. Arata and J. Wise). Six (6) new employees were sworn into the police and fire departments and one (1) officer was promoted to Sergeant. 2. Update from One Source on fiber optics project (W. Carroll). 33 2 Patrick Montgomery, 418 Ramsey Trail spoke about his concerns about the fiber project. Bryan Davis with One Source attended to answer resident questions regarding the completion of the fiber project. 3. Fire Department Open House November 5, 2022 (J. Wise). 4. Issuance of Proclamation 2022-25 proclaiming Veterans Day in Trophy Club (Mayor Fleury). Mayor Fleury motioned to approve the proclamation as read. The motion was seconded by Council Member Sheridan. The motion passed unanimously 7-0. 5. Veterans Day event update (W. Carroll). 6. Parks and Recreation Board update (T. Jaramillo) 7. TCWC Garage Sale October 15 (W. Carroll). CONSENT AGENDA 8. Take appropriate action to approve the Regular Town Council Meeting Minutes for October 11, 2022 (A. Otterson). 9. Consider and take appropriate action on 18 purchase orders for FY23 (W. Carroll). Mayor Pro Tem Lamont made a motion to approve Items 8 and 9 on the consent Agenda. The motion was seconded by Council Member Monger. The motion passed unanimously 7-0. INDIVIDUAL ITEMS 10.Take appropriate action adopting Ordinance 2022-32 regarding the Municipal Utility District No. 1’s amendment to decrease fees for customers within the boundaries of the Public Improvement District No. 1 (The Highlands) (W. Carroll). Mayor Pro Tem Lamont made a motion to approve and adopt Ordinance 2022-32 regarding the Municipal Utility District No. 1’s amendment to decrease fees by $1.18 per month from $9.55 to $8.37 for customers within the boundaries of the Public Improvement District No. 1 (The Highlands). The motion was seconded by Council Member Flynn. The motion passed unanimously 7-0. 11. Future Agenda Items List (W. Carroll). EXECUTIVE SESSION 12. Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Town Council will recess into executive session to discuss the following: a. Section 551.071 Attorney -Client Privilege – Deliberate a possible interlocal Agreement with multiple governmental entities to provide services to Trophy Club citizens. Mayor Fleury announced that Council was going into executive session at 8:11 PM. RECONVENE INTO REGULAR SESSION Mayor Fleury announced Council was reconvening into Regular Session at 8:20 PM There was no further business. 34 3 ADJOURN Mayor Fleury adjourned the meeting at 8:20 pm. Attest: __________________________ __________________________ Anita Otterson, Town Secretary Alicia L. Fleury, Mayor 35 Page 1 of 2 To: Mayor and Town Council From: Matt Cox, Director of Community Development CC: Wade Carroll, Town Manager Anita Otterson, Town Secretary Re: Purchase Order Request CW Janitorial Services November 8, 2022 Agenda Item: Take appropriate action on authorizing a purchase order for janitorial services for the Trophy Club Town Hall, TC Police Department, and TC Fire Station between the Town of Trophy Club and CW Janitorial Services for a fee not to exceed $42,000. Strategic Link: Administrative & Financial Services – Exercise fiscal discipline in all Town operations. Background and Explanation: Continue cleaning services from CW Janitorial Services for Trophy Club Town Hall, TC Police Department, and TC Fire Station. This is the final year of a three (3) year contract. Financial Considerations: January 2021, Council approved a three-year contract with CW Janitorial Services. Funding is available in the FY23 approved Facilities budget 01-710-65400 of $57,000. Contract is for $3,500 per month or $42,000 annually. Legal Review: Not applicable Staff Recommendation: Staff recommends approval of the agreement with CW Janitorial Services. 36 Page 2 of 2 Attachments: •Requisition Request •Cleaning Services Agreement Town Council Approval: Alicia L. Fleury or designee 37 PURCHASE REQUISITION FORM PO Number Date :10/3/2022 Department Facilities Vendor (Name & Address)Delivery Address Project# CW Janitorial Services 1 Trophy Wood Drive 553 Unbridled Lane Trophy Club, TX 76262 Keller, TX 76248 Account Number Description Quantity Unit Amount Total Amount 01-710-65400 Janitorial Services for Trophy Club Facilities 12 3,500.00 $42,000.00 $- $- $- $- $- $- $- Co-op info:$- Total $42,000.00 Vendor Packet Updated______________________________________________________________________________________________________ Three year contract awarded January 26, 2021. FY22-23 will be the third and final year. Comments Matt Cox Requested by:Approved by: Finance Approved by: The Town of Trophy Club must have a completed Vendor Packet on file before a requisition can be accepted by the Finance Department. 38 CLEANING SERVICES AGREEMENT THIS 'CLEANING SERVICES AGREEMENT (the "Agreement") dated this hday of C(-y3 S BETWEEN: Town of Trophy Club of 1 Trophy Wood Dr, Trophy Club, TX 76262, USA the "Client") CW Janitorial Services of 553 Unbridled Ln, Keller, TX 76248, USA the "Contractor"). A. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client. B. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement. IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows: Services Provided 1. The Client hereby agrees to engage the Contractor to provide the Client with services (the Services") consisting of- Cleaning Admin 3 times per week Cleaning Police and Fire 4 times per week Cleaning outside windows at Town Hall 1 time per month Cleaning carpet at Town Hall 2 times per year 2. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client. 39 i, Cleaning Services Agreement Page 2 of 5 Term of Agreement 3. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until February 1, 2024, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended by mutual written agreement of the Parties. This agreement may be terminated with 60 days written notice from either Party. 4. In the event that either Party breaches a material provision under this Agreement, the non - defaulting Party may terminate this Agreement and require the defaulting Party to indemnify the non -defaulting Party against all reasonable damages. The non -defaulting Party must give the defaulting party written notice of the default and 30 days to remedy. Performance The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect. Currency 6. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in US Dollars. Compensation 7. For the services rendered by the Contractor as required by this Agreement, the Client will provide compensation (the "Compensation") to the Contractor at the rate of $3,500.00 per month. The Compensation will be payable on a monthly basis, while this Agreement is in force. 9. The Compensation as stated in this Agreement does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation. Reimbursement of Expenses 10. The Contractor will be reimbursed from time to time for all reasonable and necessary expenses incurred by the Contractor in connection with providing the Services hereunder. 11. The Contractor will furnish vouchers to the Client for all such expenses. Return of Property 12. Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client. 40 i Cleaning Services Agreement Page 5 Capacityhdependent Contractor 13. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. Notice 14. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows: a. Town of Trophy Club Trophy Wood Dr, Trophy Club, TX 76262, USA b. CW Janitorial Services 553 Unbridled Ln, Keller, TX 76248, USA or to such other address as any Party may from time to time notify the other. Indemnification 15. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement. Insurance 16. The Contractor will be required to maintain general liability insurance including coverage for bodily injury and property damage at a level that would be considered reasonable in the industry of the Contractor based on the risk associated with the characteristics of this Agreement and only to the extent permitted by law. All insurance policies will remain materially unchanged for the duration of this Agreement. 41 Cleaning- Services Agreement Page 4 of 5 Legal Ex epnses 17. In the event that legal action is brought to enforce or interpret any term of this Agreement, the prevailing Party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action. Modification of Agreement 18. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Parry. Time of the Essence 19. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision. Assi igent 20. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client. Entire Agreement 21. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement. Enurement 22. This Agreement will enure to the benefit'of and be binding on the Parties and their respective heirs; executors, administrators, successors and permitted assigns. - Titles/Headings 23. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Gender 24. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. Governing Law 25. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of42 Cleaning Services Agreement Pa eg 5 of 5 Texas, without regard to the jurisdiction in which any action or special proceeding may be instituted. Severability 26. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement. Waiver 27. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions. IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this 2411 day of 2021 Town of Trbphy Club Per: w " CA Per Seal) 43 Page 1 of 1 To: Mayor and Town Council From: Anita Otterson, Town Secretary CC: Wade Carroll, Town Manager Re: Cancellation of November 15, 2022 Council Meeting Town Council Meeting, November 8, 2022 Agenda Item: Take appropriate action regarding the cancellation of the November 15, 2022 Town Council meeting. Background and Explanation: At the December 13, 2021 Council meeting the calendar for the 2022 Council Meetings was approved. The November 8th meeting scheduled on the regular 2nd Tuesday of the month was changed to November 15th since November 8th was Election Day. In October, 2022 it was asked if we could move the meeting back to November 8th. A meeting was held on November 8th, maintaining the required number of meetings per year. Financial Considerations: Not applicable Legal Review: Not applicable Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Not applicable Attachments: 44 Page 1 of 2 To: Mayor and Council From: Tony Jaramillo, Director of Parks and Recreation CC: Wade Carroll, Town Manager Anita Otterson, Town Secretary Re: Community Pool Capital Improvement Project Town Council Meeting, November 8, 2022 Agenda Item: Discuss and take action on the Community Pool Facility Capital Improvement Project. Strategic Link: Nature and Beautification: Maintain Town assets, services, and codes of ordinances that preserve the natural beauty of the Town. Background and Explanation: The Town’s Community Pool was constructed in 2003; the addition of the Splash Pad and parking lot expansion were constructed in 2011. Staff has performed continuous preventative maintenance over the years, however, various elements and mechanical components within the pool facility’s infrastructure need to be replaced as many of them have become obsolete, non- functioning and outdated. Additionally, new amenities are included in the scope of this project to continue aligning our department’s goals of providing an improved, efficient and accessible pool facility to all members of the community. Staff has been working with a qualified firm to ensure the appropriate upgrades and renovations will be executed within the budget and scope established for this project. The project will include the design and construction of various aesthetic improvements, building exterior and interior renovations, mechanical equipment upgrades and pool/splash pad feature upgrades. The project will be executed in two phases to prevent interruptions to the pool season as described below. 45 Page 2 of 2 Phase One (completion before the 2023 pool season) - Competition Pool/Kiddie Pool Pump Room Improvements and replacement of components - Splash Pad Pump Room improvements and replacement of components - Interior restroom upgrades (contingent upon scheduling conflicts) - Repaint Splash Pad features Phase Two (commencement of remaining projects at the conclusion of the 2023 pool season and completed prior to the 2024 pool season) - Construct a party room with covered porch and roll-up door - Front entry improvements - Building exterior/improvements - Shaded Pavilion - Convert kiddie-pool to a dual slide tower with a plunge pool - Landscape improvements Financial Considerations: The allotted bond funds provided for this project are not to exceed $4 million; phase one cost is approximately $1.1 million, and phase two cost is approximately $2.8 million for an approximate total of $3.9 million. Legal Review: Not applicable Board/Commission/ or Committee Recommendation: Staff received direction from the Parks and Recreation Board at the October 17, 2022 meeting to present the Pool Capital Improvement Project to Council as presented. Staff Recommendation: Staff recommends the approval of the Capital Improvement Projects as presented to town council for final approval. Attachments: •Exhibit A rendering •Exhibit B rendering •Exhibit C rendering 46 TOWN OF TROPHY CLUB COMMUNITY POOL AND SPLASH PAD RENOVATION 47 WHAT WE WOULD LIKE TO SHARE WITH YOU TODAY A.A.HIGHLIGHTSB.SITE PLANC.SCHEDULED.BUDGETE.PROPOSED IMPROVEMENTS 48 IMPROVEMENT HIGHLIGHTS TROPHY CLUB PARKS AND RECREATION | COMMUNITY POOL SPLASH PAD FACILITY A.Community Pool & Splash Pad Pump Room UpgradeB.Refurbish existing Splash Pad FeaturesC.20’x30’ Pavilion D.“Kiddie” Pool conversion to 30’ x 45’ Plunge Pool with Double Barrell Slide E.40’ x 40’ Party Room with 20’ x 40’ Shade Covering attachedF.Restroom renovationG.Concession/Breakroom upgrades 49 50 SCHEDULE | NOVEMBER 2022 –DECEMBER 2023 PHASE ONE | November 8, 2022 –May 29, 2023 A.Anticipated Council ApprovalB.Notice to Proceed with Design C.Order Pump Room Shade CoversD.Order New Pump Room Equipment E.Restroom RenovationsF.Refurbish existing Splash Pad Features I. Complete Phase 1 Construction J. Open for Swim Season –May 29, 2023 PHASE TWO | November 8, 2022 –December 29, 2023 A.40’ x 40’ Party Room & Shade CoveringB.20’ x 30’ PavilionC. Concession UpgradeE.Breakroom UpgradeG.Plunge Pool conversion H.Double Barrel SlideI. Complete Phase 2 ConstructionJ.Landscape Improvements K.Phase two completed by December 29, 2022 51 BUDGET | PHASE ONEA.Anticipated Council ApprovalB.Notice to Proceed with Design C.Order Pump Room Shade CoversD.Order New Pump Room Equipment E.Restroom RenovationF.Refurbish existing Splash Pad Features TOTAL $1,195,590 PHASE TWOA.40’ x 40’ Party Room & Shade CoveringB.20’ x 30’ PavilionC. Concession UpgradeE.Breakroom UpgradeG.Plunge Pool conversion H.Double Barrel SlideI. Complete Phase 2 ConstructionJ.Landscape Improvements TOTAL $ 2,776,719 GRAND TOTAL $3,972,30952 PARTY ROOM 53 SLIDE TOWER AND PAVILION 54 QUESTIONSAND ANSWERS 55 Page 1 of 2 To: Mayor and Town Council From: Wade Carroll, Town Manager CC: Anita Otterson, Town Secretary Re: Authorization for Drainage Study and improvement plans TNP November 8, 2022 Agenda Item: Consider and take appropriate action regarding an authorization for professional services from Teague Nall and Perkins Inc. to provide a drainage study and recommend a solution for the drainage area along and downstream of Inverness Drive and provide capital improvement plans for bank erosion along Skyline creek in Trophy Club. (W. Carroll) Strategic Link: This item relates primarily to the following strategic priorities and goals of the Town’s strategy map. Infrastructure and Development- Develop a long-term evaluation and maintenance plan for all Town-owned infrastructure Background and Explanation: Over the past several years Town staff has been tracking high water and flooding issues in Town. The area of highest concern was addressed with the approved and soon-to-be-completed Indian Creek drainage project that will reduce the risk of 6 homes from flooding in the area of Indian Creek and Fair Green Dr. There are two remaining areas of concern, Inverness Dr. and the Skyline Creek. There are reports of several houses on Inverness Dr. that have flooded over the past 10 years, and we have high water in the roadway that pools near 223 Inverness Dr. Staff believe that the storm drain and outfall is undersized with too few inlets on Inverness to get the water off of the street. The Skyline Creek has been an issue for many years and there was a study completed by Freese and Nichols in 2012 that suggested that the entire creek be made into an open-top concrete drainage way. The estimated price for the work was over $9,000,000 in 2012. There was no other intermediate alternatives given and although the suggested mitigation would solve some of the erosion and flooding issues it was determined that the cost-to-benefit was not appropriate. Staff has had several meetings with Teague Nall and Perkins engineers and have asked for additional intermediate recommendations using the work done in 2012 combined with 56 Page 2 of 2 updated information of the area to determine the amount of change seen in the last 10 years. The 2012 Freese and Nichols study has been placed on the One Drive for review by Council if necessary. Financial Considerations: If approved funding for the project will be taken from the Storm Water Fund. A budget amendment will be brought forward at midyear to address the expenditure. Legal Review: The Town Attorney has reviewed the Authorization for professional services. Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends approval of the Authorizations for Professional Services with Teague Nall and Perkin Inc. to provide a drainage study and recommend solutions for the drainage area along and downstream of Inverness Drive and provide capital improvement plans for bank erosion along Skyline creek in Trophy Club. Attachments: •Pictures of the problem areas •Freese and Nichols 2012 study •2 Authorizations for Professional Services Town Council Approval: Mayor Alicia Fleury or designee 57 Page 1 engineers surveyors landscape architects TEXAS FORT WORTH DENTON ALLEN KATY GEORGIA BLAIRSVILLE www.tnpinc.com AUTHORIZATION FOR PROFESSIONAL SERVICES PROJECT NAME: Town of Trophy Club Inverness Drainage Shed Study Trophy Club, Texas TNP PROJECT NUMBER: TRO _____________ CLIENT: Town of Trophy Club Attn: Wade Carroll ADDRESS: 1 Trophy Wood Drive Trophy Club, TX 76262 Town of Trophy Club (CLIENT) hereby requests and authorizes Teague Nall and Perkins, Inc., (CONSULTANT) to perform the following services: Article I SCOPE OF BASIC SERVICES: Provide drainage study and recommended solution for the drainage area along and downstream of Inverness Drive in Trophy Club, Texas. Article II COMPENSATION to be on a basis of the following: 1. BASIC SERVICES: The CLIENT agrees to pay the CONSULTANT a fixed fee as shown below: Topographic Survey and Data Collection: Five Thousand Dollars ($5,000); Existing Conditions Analysis: Eleven Thousand Dollars ($11,000); Proposed Solution Model: Sixteen Thousand Dollars ($16,000); Technical Report: Eight Thousand Dollars ($8,000) BASIC SERVICES as outlined and according to Attachment ‘A’. 2. REIMBURSABLE EXPENSES: REIMBURSABLE EXPENSES will consist of printing, reproduction, CAD plotting costs, mileage, delivery charges, parking fees, submittal fees, and application fees. Standard reimbursable expenses are outlined in Attachment ‘C’. 3. ADDITIONAL SERVICES: ADDITIONAL SERVICES shall be any service provided by the CONSULTANT which is not specifically included in BASIC SERVICES as defined. ADDITIONAL SERVICES shall include, but shall not be limited to: a.) Subcontract charges not described in BASIC SERVICES or Attachment ‘A’; b.) Platting; c.) Environmental Assessments; d.) Storm Water Pollution Prevention Plan (SWPPP) 58 Page 2 e.) Preparation of Encroachment or Access Agreement; f.) Franchise Utility Extensions or Relocations; g.) Offsite Public Utility Extensions (Water, Sanitary Sewer, and/or Storm Drainage); h.) Water or Sanitary Sewer Study/Modeling; i.) Storm Water Detention Design; j.) Screen Wall Design; k.) Traffic Impact Analysis (TIA), or other engineering studies; l.) SUE Services; m.) Abstract Services or Easement Research; n.) ALTA Survey; o.) Permitting; p.) LEED Certification Design; q.) Trips and meetings beyond a 50-mile radius of Fort Worth; ADDITIONAL SERVICES shall be considered additional work and shall be reimbursed at standard TNP hourly rates or TNP standard rates for items provided in-house, or direct expenses times a multiplier of 1.10 for non-labor, subcontract or mileage items. 4. PAYMENT TERMS: CLIENT shall be billed monthly for services rendered and pay promptly upon receipt of invoice. Delays of transmitting payments to CONSULTANT more than 30 days from invoice date may result in cessation of services until payment is received. Article III SCHEDULE: The proposed services shall begin upon authorization to proceed. Article IV CONTRACT PROVISIONS: Contract provisions are attached hereto and made a part hereof. Please execute and return a signed copy for our files. Receipt of an executed copy of this contract will serve as notice to proceed. No work shall commence on the project until an executed copy of this contract is received by CONSULTANT. By signing below, the signer warrants that he or she is authorized to execute binding contracts for the CLIENT for the services indicated. Approved by CLIENT: Accepted by CONSULTANT: Town of Trophy Club Teague Nall and Perkins, Inc. By: By: Tom Rutledge Title: Title: Executive Vice President Date: Date: October 28, 2022 59 Page 3 ATTACHMENT ‘A’ Teague Nall and Perkins, Inc., (TNP) shall render the following professional services (BASIC SERVICES) necessary for the development of the project. SCOPE OF SERVICES: A. FIELD SURVEY and COLLECTION DATA 1. Collect and review construction plans in the project area and GIS layers (if available) as provided by the Town. 2. Field Survey: LIDAR data and as-built plans will be the primary source of topography for the project. It is anticipated that some field verification of as-built conditions will be required and one day of field survey is included in this scope for purposes of verifying grades such as inlet flowlines and outfall elevations. 3. Conduct minimal topographic field survey to locate existing drainage structures and respective elevations. 4. Conduct one site visit, document site observations, and take photographs as necessary. B. EXISTING CONDITIONS ANALYSIS 1. Prepare a drainage area map for the project area. The drainage area will be delineated based available LIDAR topography, any available Town topography, construction plans, site observation, and minor field survey as described in A.2 and 3 above. 2. Perform hydrologic computations for the project area to develop surface runoff flows. These computations will be made in accordance with the Town’s Design Criteria Manual using the SCS Method. 3. Develop an existing conditions combination 1D/2D (XPSWMM) hydraulic model for the project area. The drainage analysis shall include evaluation of the 5, 25, and 100-year storm events. The primary purpose of this model will be to identify the nature and severity of flood concerns and overland storage occurring within the study area. 4. Create existing conditions inundation mapping and videos of the project area for the 5, 25, and 100-year storm events. 5. Provide a copy of the existing conditions interim report and use feedback from the Town to ensure that proposed solution below meets Town’s expectations. C. PROPOSED SOLUTION MODEL 1. Prepare a proposed solution model to mitigate the drainage issues identified by the existing conditions analysis. The Engineer will evaluate the proposed improvements for the 5, 25, and 100- year storm event and prepare inundation mapping for each event. It is anticipated that prior to preparing a solution model, the recommended solution will be presented to staff. If more than one solution is requested by staff for an alternative beyond the recommended model, the above may result in the need for a contract amendment. 2. Perform a downstream assessment to determine potential downstream impacts. 60 Page 4 3. Prepare conceptual opinions of probable cost. 4. Meet with the Town to present the findings and gather feedback. This meeting will be used to confirm staff preferences and prepare the final report. D. TECHNICAL REPORTING 1. An interim report will be prepared to present the findings of the existing conditions analysis. This report will be provided as described in Section B.5 above. Town feedback on the interim report will be addressed with the final report. 2. A final report will be prepared that will include the interim report information and the results of the analysis of the improvement alternatives. It will also include the conceptual opinion of cost. A draft final report will be provided prior to the meeting described in Section C.4 above. Commen ts provided by Town staff will be addressed and a final report will be submitted after the meeting. 61 Page 5 ATTACHMENT 'B' PROVISIONS 1. AUTHORIZATION TO PROCEED Signing this agreement shall be construed as authorization by CLIENT for TNP, Inc. to proceed with the work, unless otherwise provided for in this agreement. 2. LABOR COSTS TNP, Inc.'s Labor Costs shall be the amount of salaries paid TNP, Inc.'s employees for work performed on CLIENT’s Project plus a stipulated percentage of such salaries to cover all payroll-related taxes, payments, premiums, and benefits. 3. DIRECT EXPENSES TNP, Inc.'s Direct Expenses shall be those costs incurred on or directly for the CLIENT's Project, including but not limited to necessary transportation costs including mileage at TNP, Inc.'s current rate when its, or its employee’s, automobiles are used, meals, lodging, laboratory tests, computer services, telephone, printing and binding charges times a multiplier of 1.10. Reimbursement for these expenses shall be on the basis of actual charges when furnished by commercial sources and on the basis of usual commercial charges when furnished by TNP, Inc. 4. OUTSIDE SERVICES When technical or professional services are furnished by an outside source, an additional amount of 10% (actual cost times a multiplier of 1.10) shall be added to the cost of these services for TNP, Inc.'s administrative costs. 5. OPINION OF PROBABLE COST In providing opinions of probable cost, the CLIENT understands that TNP, Inc. has no control over construction costs or the price of labor, equipme nt, or materials, or over the Contractor’s method of pricing, and that the opinions of probable cost provided to CLIENT are to be made on the basis of the design professional’s qualifications and experience. TNP, Inc. makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. 6. PROFESSIONAL STANDARDS TNP, Inc. shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in the State of Texas, for the professional and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials furnished under this Authorization. TNP, Inc. makes no other warranty, expressed or implied. 7. TERMINATION Either CLIENT or TNP, Inc. may terminate this authorization by giving 10 days written notice to the other party. In such event CLIENT shall forthwith pay TNP, Inc. in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. 8. MEDIATION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and the ENGINEER agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. The CLIENT and the ENGINEER further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants retained also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 9. LEGAL EXPENSES In the event legal action is brought by CLIENT or TNP, Inc. against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. 10. PAYMENT TO TNP, INC. Monthly invoices will be issued by TNP, Inc. for all work performed under the terms of this agreement. Invoices are due and payable on receipt. If payment is not received within 30 days of invoice date, all work on CLIENT’s project shall cease and all work products and documents shall be withheld until payment is received by TNP. Time shall be added to the project schedule for any work stoppages resulting from CLIENT’s failure to render payment within 30 days of invoice date. Interest at the rate of 1½% per month will be charged on all past-due amounts, unless not permitted by law, in which case, interest will be charged at the highest amount permitted by law. 11. LIMITATION OF LIABILITY TNP, Inc.'s liability to the CLIENT for any cause or combination of causes is in the aggregate, limited to an amount no greater than the fee earned under this agreement. 12. ADDITIONAL SERVICES Services not specified as Basic Services in Scope and Attachment ‘A’ will be provided by TNP, Inc. as Additional Services when required. The CLIENT agrees upon execution of this contract that no additional authorization is required. Additional services will be paid for by CLIENT as indicated in Article II, Compensation. 13. SALES TAX In accordance with the State Sales Tax Codes, certain surveying services are taxable. Applicable sales tax is not included in the fee set forth and will be added on and collected when required by state law. Sales tax at the applicable rate will be indicated on invoice statements. 14. SURVEYING SERVICES In accordance with the Professional Land Surveying Practices Act of 1989, the CLIENT is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, MC-230, Austin, Texas 78753, (512) 239-5263. 15. LANDSCAPE ARCHITECT SERVICES The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as landscape architects in Texas. The CLIENT is informed that any complaints about landscape architecture services be forwarded to the Texas Board of Architectural Examiners, Hobby Building: 333 Guadalupe, Suite 2-350, Austin, Texas 78701, Telephone (512) 305-9000, Fax (512) 305-8900. 16. INVALIDITY CLAUSE In case any one or more of the provisions contained in this Agreement shall be held illegal, the enforceability of the remaining provisions contained herein shall not be impaired thereby. 17. PROJECT SITE SAFETY TNP, Inc. has no duty or responsibility for project site safety. Means and methods of construction and jobsite safety are the sole responsibility of the contractor. 18. DRAINAGE CLAUSE The parties to this Agreement recognize that the development of real property has the potential to increase water runoff on downstream properties, and that such increase in runoff increases the possibility of water damage to downstream properties. The CLIENT agrees to indemnify and hold the ENGINEER harmless from any and all claims and damages arising, directly or indirectly, from water or drainage damage to downstream properties resulting from the development and construction of the Project. CLIENT shall not be required to reimburse ENGINEER for any claims or expenses arising out of the Project if it is determined by a court of competent jurisdiction that ENGINEER was negligent in the performance of its duties and obligations, and that ENGINEER’s negligence was the direct cause of damage to a property downstream of the Project. 19. CONSTRUCTION MEANS AND METHODS AND JOBSITE SAFETY Means and methods of construction and jobsite safety are the sole responsibility of the contractor 62 Page 6 ATTACHMENT ‘C’ Teague Nall and Perkins, Inc. 2022 Standard Hourly Rates Effective January 1, 2022 to December 31, 2022 Hourly Engineering/Landscape Architecture/ROW Billing Rate Principal or Director 270.00 Team Leader 260.00 Senior Project Manager 250.00 Project Manager 200.00 Senior Engineer 260.00 Project Engineer 170.00 Engineer III/IV 140.00 Engineer I/II 130.00 Senior Landscape Architect/Planner 200.00 Landscape Architect / Planner 180.00 Landscape Designer 125.00 Senior Designer 165.00 Designer 150.00 Senior CAD Technician 135.00 CAD Technician 120.00 IT Technician 180.00 Clerical 85.00 ROW Manager 220.00 Senior ROW Agent 175.00 ROW Agent 135.00 Relocation Agent 170.00 ROW Admin 90.00 Intern 80.00 Hourly Surveying Billing Rate Survey Manager 245.00 Registered Professional Land Surveyor (RPLS) 210.00 Field Coordinator 145.00 S.I.T. or Senior Survey Technician 145.00 Survey Technician 120.00 1-Person Field Crew w/Equipment** 155.00 2-Person Field Crew w/Equipment** 185.00 3-Person Field Crew w/Equipment** 210.00 4-Person Field Crew w/Equipment** 230.00 Flagger 55.00 Abstractor (Property Deed Research) 95.00 Small Unmanned Aerial Systems (sUAS) Equipment & Crew 420.00 Terrestrial Scanning Equipment & Crew 265.00 Survey Manager 245.00 Registered Professional Land Surveyor (RPLS) 210.00 Field Coordinator 145.00 S.I.T. or Senior Survey Technician 145.00 Survey Technician 120.00 1-Person Field Crew w/Equipment** 155.00 2-Person Field Crew w/Equipment** 185.00 3-Person Field Crew w/Equipment** 210.00 4-Person Field Crew w/Equipment** 230.00 63 Page 7 ATTACHMENT ‘C’ Teague Nall and Perkins, Inc. 2022 Standard Hourly Rates Effective January 1, 2022 to December 31, 2022 Hourly Surveying Billing Rate Flagger 55.00 Abstractor (Property Deed Research) 95.00 Small Unmanned Aerial Systems (sUAS) Equipment & Crew 420.00 Terrestrial Scanning Equipment & Crew 265.00 Hourly Utility Management, Utility Coordination, and SUE Billing Rate Senior Utility Coordinator 175.00 Utility Coordinator 160.00 Sr. Utility Location Specialist 165.00 Utility Location Specialist 100.00 1-Person Designator Crew w/Equipment*** 155.00 2-Person Designator Crew w/Equipment*** 180.00 2-Person Vac Excavator Crew w/Equip (Exposing Utility Only) 300.00 (4 hr. min.) Core Drill (equipment only) 790.00 per day SUE QL-A Test Hole (0 < 8 ft)**** 2,200.00 each SUE QL-A Test Hole (> 8 < 15 ft)**** 2,700.00 each Hourly Construction Management, Construction Engineering and Inspection (CEI) Billing Rate Construction Inspector I/II 110.00 Construction Inspector III 120.00 Senior Construction Inspector 140.00 Construction Superintendent 185.00 Senior Project Manager 250.00 Construction Manager 200.00 Senior Construction Manager 250.00 Construction Records Keeper 120.00 Direct Cost Reimbursables A fee equal to 3% of labor billings shall be included on each monthly invoice for prints, plots, photocopies, plans or documents on CD, DVD or memory devices, and mileage. No individual or separate accounting of these items will be performed by TNP. Any permit fees, filing fees, or other fees related to the project and paid on behalf of the client by TNP to other entities shall be invoiced at 1.10 times actual cost. Notes: All subcontracted and outsourced services shall be billed at rates comparable to TNP’s billing rates above or cost times a multiplier of 1.10. * Rates shown are for 2022 and are subject to change in subsequent years. ** Survey equipment may include truck, ATV, Robotic Total Station, GPS Units and Digital Level. *** Includes crew labor, vehicle costs, and field supplies. 64 Page 1 engineers surveyors landscape architects TEXAS FORT WORTH DENTON ALLEN KATY GEORGIA BLAIRSVILLE www.tnpinc.com AUTHORIZATION FOR PROFESSIONAL SERVICES PROJECT NAME: Town of Trophy Club Skyline Creek Drainage Improvements Trophy Club, Texas TNP PROJECT NUMBER: TRO _____________ CLIENT: Town of Trophy Club Attn: Wade Carroll ADDRESS: 1 Trophy Wood Drive Trophy Club, TX 76262 Town of Trophy Club (CLIENT) hereby requests and authorizes Teague Nall and Perkins, Inc., (CONSULTANT) to perform the following services: Article I SCOPE OF BASIC SERVICES: Provide Capital Improvement Plans for Bank Erosion along Skyline Creek in Trophy Club, Texas. Article II COMPENSATION to be on a basis of the following: 1. BASIC SERVICES: The CLIENT agrees to pay the CONSULTANT a fixed fee as shown below: Topographic Survey: Ten Thousand Dollars ($10,000); Hydraulic Analysis: Seven Thousand Dollars ($7,000); Construction Documents: Thirty Thousand Dollars ($30,000); Bidding and Construction Administration: Ten Thousand Dollars ($10,000) BASIC SERVICES as outlined and according to Attachment ‘A’. 2. REIMBURSABLE EXPENSES: REIMBURSABLE EXPENSES will consist of printing, reproduction, CAD plotting costs, mileage, delivery charges, parking fees, submittal fees, and application fees. Standard reimbursable expenses are outlined in Attachment ‘C’. 3. ADDITIONAL SERVICES: ADDITIONAL SERVICES shall be any service provided by the CONSULTANT which is not specifically included in BASIC SERVICES as defined. ADDITIONAL SERVICES shall include, but shall not be limited to: a.) Subcontract charges not described in BASIC SERVICES or Attachment ‘A’; b.) Platting; c.) Environmental Assessments; d.) Storm Water Pollution Prevention Plan (SWPPP) e.) Preparation of Encroachment or Access Agreement; 65 Page 2 f.) Franchise Utility Extensions or Relocations; g.) Offsite Public Utility Extensions (Water, Sanitary Sewer, and/or Storm Drainage); h.) Water or Sanitary Sewer Study/Modeling; i.) Storm Water Detention Design; j.) Screen Wall Design; k.) Traffic Impact Analysis (TIA), or other engineering studies; l.) SUE Services; m.) Abstract Services or Easement Research; n.) ALTA Survey; o.) LEED Certification Design; p.) Trips and meetings beyond a 50-mile radius of Fort Worth; q.) USACE Permitting ADDITIONAL SERVICES shall be considered additional work and shall be reimbursed at standard TNP hourly rates or TNP standard rates for items provided in-house, or direct expenses times a multiplier of 1.10 for non-labor, subcontract or mileage items. 4. PAYMENT TERMS: CLIENT shall be billed monthly for services rendered and pay promptly upon receipt of invoice. Delays of transmitting payments to CONSULTANT more than 30 days from invoice date may result in cessation of services until payment is received. Article III SCHEDULE: The proposed services shall begin upon authorization to proceed. Article IV CONTRACT PROVISIONS: Contract provisions are attached hereto and made a part hereof. Please execute and return a signed copy for our files. Receipt of an executed copy of this contract will serve as notice to proceed. No work shall commence on the project until an executed copy of this contract is received by CONSULTANT. By signing below, the signer warrants that he or she is authorized to execute binding contracts for the CLIENT for the services indicated. Approved by CLIENT: Accepted by CONSULTANT: Town of Trophy Club Teague Nall and Perkins, Inc. By: By: Tom Rutledge Title: Title: Executive Vice President Date: Date: October 28, 2022 66 Page 3 ATTACHMENT ‘A’ Teague Nall and Perkins, Inc., (TNP) shall render the following professional services (BASIC SERVICES) necessary for the development of the project. SCOPE OF SERVICES: Prepare Construction Documents for the installation of bank erosion along approximately 200-lInear feet of Skyline Creek. The improvements will occur on the left side of the creek, from Greenleaf Drive to approximately 200 LF downstream. A 2021 study was performed by Freese and Nichols as an amendment to a previous flood plain study that was prepared for the Town. The scope of this work will include a topographic survey, an hydraulic evaluation, design, construction documents, and conformance to Town floodplain ordinance as part of the plan preparation and initiation for construction. A. PARTIAL TOPOGRPAHIC SURVEY Perform a topographic field survey from bank to bank along Skyline Creek from Greenleaf Drive to approximately 200-linear feet downstream. Locate all features within the creek including trees, fences to provide a complete conditions survey with elevations at the toe and top of the creek banks . Conduct one site visit, document site observations, and take photographs as necessary. The survey will include, but is not limited to, surveying of existing site features and all undergroun d and above ground utilities as available from information provided by DigTESS. Grade elevation contours at 1-foot intervals will be developed with spot elevations on pavements and structures; location of significant trees and an outline of major existing vegetation areas (if applicable). Based on available records, the property is platted and no platting is anticipated. As part of the topographic survey, the boundary will be located from record and by locating property corners. The survey will be generated in AutoCAD 2020. Topographic Survey will include the following items: • Establish horizontal control points as needed throughout the project. • Establish vertical benchmarks as needed throughout the project. The elevations will be per the City datum. • The visible improvements such as fences, buildings, signs, etc. will be located and shown on the survey. • Elevations obtained within the area outlined in the attached Exhibit • Visible utilities such as power poles, manholes and valves. • Prepare a topographic drawing in digital format showing 1-foot contour intervals and the items listed above. The format will be provided in Civil 3D 2020. B. HYDRAULIC ANALYSIS 1. Utilizing the Freese and Nichols flood plain study prepare updated hydraulic modeling with the proposed creek improvements. 2. Confirm the post conditions of the 100-year storm event after the proposed creek improvements are implemented. 67 Page 4 C. CONSTRUCTION DOCUMENTS Upon completion of the topographic design survey, TNP will begin design for drainage improvements. The Engineer will coordinate his work as necessary to interface with the Town and provide periodic updates as well as meet with Town staff to review scope, estimates and schedules. Once final plans have been completed, the Consultant will deliver original plan documents with Engineer’s seal and signature, sufficient for printing and distribution for bidding. TNP will prepare final cost opinions upon delivery of final contract documents to confirm project budget. TNP will present to the Town staff the overall project design, cost and schedule as necessary prior to bidding. D. BIDDING AND CONSTRUCTION ADMINISTRATION Once plans are approved to move forward to bidding, TNP will reproduce the contract documents for distribution to perspective bidders. TNP will represent the plans and answer questions to perspective bidders and issue addendums as necessary. TNP will represent the Town at the bid opening to receive and open bids and prepare a bid tabulation of the bids. TNP will review all bids and evaluate the apparent low bidder and make recommendation in writing to the Town Council as well a present the bid to the Council in public hearing as necessary. TNP will facilitate the execution of the contract documents by the approved low bidder. Once the contracts are executed, TNP will prepare for and facilitate a preconstruction conference with the contractor, his subcontractor and Town staff. TNP will provide construction administration to represent the Town during construction and provide onsite representation to administer the contract (not inspect) as necessary and to facilitate the oversight of construction. It is anticipated that the Town will provide their own site inspections during construction. TNP will provide written responses to RFI’s, Change Orders or other written documents required for completion of the work as well as review pay applications from the contractor. At the completion of the work and upon notification from the Client, the Consultant will prepare a written punch list with a follow up to any outstanding items or issues until Final Acceptance of the work is given. 68 Page 5 ATTACHMENT 'B' PROVISIONS 1. AUTHORIZATION TO PROCEED Signing this agreement shall be construed as authorization by CLIENT for TNP, Inc. to proceed with the work, unless otherwise provided for in this agreement. 2. LABOR COSTS TNP, Inc.'s Labor Costs shall be the amount of salaries paid TNP, Inc.'s employees for work performed on CLIENT’s Project plus a stipulated percentage of such salaries to cover all payroll-related taxes, payments, premiums, and benefits. 3. DIRECT EXPENSES TNP, Inc.'s Direct Expenses shall be those costs incurred on or directly for the CLIENT's Project, including but not limited to necessary transportation costs including mileage at TNP, Inc.'s current rate when its, or its employee’s, automobiles are used, meals, lodging, laboratory tests, computer services, telephone, printing and binding charges times a multiplier of 1.10. Reimbursement for these expenses shall be on the basis of actual charges when furnished by commercial sources and on the basis of usual commercial charges when furnished by TNP, Inc. 4. OUTSIDE SERVICES When technical or professional services are furnished by an outside source, an additional amount of 10% (actual cost times a multiplier of 1.10) shall be added to the cost of these services for TNP, Inc.'s administrative costs. 5. OPINION OF PROBABLE COST In providing opinions of probable cost, the CLIENT understands that TNP, Inc. has no control over construction costs or the price of labor, equipment, or materials, or over the Contractor’s method of pricing, and that the opinions of probable cost provided to CLIENT are to be made on the basis of the design professional’s qualifications and experience. TNP, Inc. makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. 6. PROFESSIONAL STANDARDS TNP, Inc. shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in the State of Texas, for the professional and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials furnished under this Authorization. TNP, Inc. makes no other warranty, expressed or implied. 7. TERMINATION Either CLIENT or TNP, Inc. may terminate this authorization by giving 10 days written notice to the other party. In such event CLIENT shall forthwith pay TNP, Inc. in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. 8. MEDIATION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and the ENGINEER agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. The CLIENT and the ENGINEER further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants retained also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 9. LEGAL EXPENSES In the event legal action is brought by CLIENT or TNP, Inc. against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. 10. PAYMENT TO TNP, INC. Monthly invoices will be issued by TNP, Inc. for all work performed under the terms of this agreement. Invoices are due and payable on receipt. If payment is not received within 30 days of invoice date, all work on CLIENT’s project shall cease and all work products and documents shall be withheld until payment is received by TNP. Time shall be added to the project schedule for any work stoppages resulting from CLIENT’s failure to render payment within 30 days of invoice date. Interest at the rate of 1½% per month will be charged on all past-due amounts, unless not permitted by law, in which case, interest will be charged at the highest amount permitted by law. 11. LIMITATION OF LIABILITY TNP, Inc.'s liability to the CLIENT for any cause or combination of causes is in the aggregate, limited to an amount no greater than the fee earned under this agreement. 12. ADDITIONAL SERVICES Services not specified as Basic Services in Scope and Attachment ‘A’ will be provided by TNP, Inc. as Additional Services when required. The CLIENT agrees upon execution of this contract that no additional authorization is required. Additional services will be paid for by CLIENT as indicated in Article II, Compensation. 13. SALES TAX In accordance with the State Sales Tax Codes, certain surveying services are taxable. Applicable sales tax is not included in the fee set forth and will be added on and collected when required by state law. Sales tax at the applicable rate will be indicated on invoice statements. 14. SURVEYING SERVICES In accordance with the Professional Land Surveying Practices Act of 1989, the CLIENT is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, MC-230, Austin, Texas 78753, (512) 239-5263. 15. LANDSCAPE ARCHITECT SERVICES The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as landscape architects in Texas. The CLIENT is informed that any complaints about landscape architecture services be forwarded to the Texas Board of Architectural Examiners, Hobby Building: 333 Guadalupe, Suite 2-350, Austin, Texas 78701, Telephone (512) 305-9000, Fax (512) 305-8900. 16. INVALIDITY CLAUSE In case any one or more of the provisions contained in this Agreement shall be held illegal, the enforceability of the remaining provisions contained herein shall not be impaired thereby. 17. PROJECT SITE SAFETY TNP, Inc. has no duty or responsibility for project site safety. Means and methods of construction and jobsite safety are the sole responsibility of the contractor. 18. DRAINAGE CLAUSE The parties to this Agreement recognize that the development of real property has the potential to increase water runoff on downstream properties, and that such increase in runoff increases the possibility of water damage to downstream properties. The CLIENT agrees to indemnify and hold the ENGINEER harmless from any and all claims and damages arising, directly or indirectly, from water or drainage damage to downstream properties resulting from the development and construction of the Project. CLIENT shall not be required to reimburse ENGINEER for any claims or expenses arising out of the Project if it is determined by a court of competent jurisdiction that ENGINEER was negligent in the performance of its duties and obligations, and that ENGINEER’s negligence was the direct cause of damage to a property downstream of the Project. 19. CONSTRUCTION MEANS AND METHODS AND JOBSITE SAFETY Means and methods of construction and jobsite safety are the sole responsibility of the contractor 69 Page 6 ATTACHMENT ‘C’ Teague Nall and Perkins, Inc. 2022 Standard Hourly Rates Effective January 1, 2022 to December 31, 2022 Hourly Engineering/Landscape Architecture/ROW Billing Rate Principal or Director 270.00 Team Leader 260.00 Senior Project Manager 250.00 Project Manager 200.00 Senior Engineer 260.00 Project Engineer 170.00 Engineer III/IV 140.00 Engineer I/II 130.00 Senior Landscape Architect/Planner 200.00 Landscape Architect / Planner 180.00 Landscape Designer 125.00 Senior Designer 165.00 Designer 150.00 Senior CAD Technician 135.00 CAD Technician 120.00 IT Technician 180.00 Clerical 85.00 ROW Manager 220.00 Senior ROW Agent 175.00 ROW Agent 135.00 Relocation Agent 170.00 ROW Admin 90.00 Intern 80.00 Hourly Surveying Billing Rate Survey Manager 245.00 Registered Professional Land Surveyor (RPLS) 210.00 Field Coordinator 145.00 S.I.T. or Senior Survey Technician 145.00 Survey Technician 120.00 1-Person Field Crew w/Equipment** 155.00 2-Person Field Crew w/Equipment** 185.00 3-Person Field Crew w/Equipment** 210.00 4-Person Field Crew w/Equipment** 230.00 Flagger 55.00 Abstractor (Property Deed Research) 95.00 Small Unmanned Aerial Systems (sUAS) Equipment & Crew 420.00 Terrestrial Scanning Equipment & Crew 265.00 Survey Manager 245.00 Registered Professional Land Surveyor (RPLS) 210.00 Field Coordinator 145.00 S.I.T. or Senior Survey Technician 145.00 Survey Technician 120.00 1-Person Field Crew w/Equipment** 155.00 2-Person Field Crew w/Equipment** 185.00 3-Person Field Crew w/Equipment** 210.00 4-Person Field Crew w/Equipment** 230.00 70 Page 7 ATTACHMENT ‘C’ Teague Nall and Perkins, Inc. 2022 Standard Hourly Rates Effective January 1, 2022 to December 31, 2022 Hourly Surveying Billing Rate Flagger 55.00 Abstractor (Property Deed Research) 95.00 Small Unmanned Aerial Systems (sUAS) Equipment & Crew 420.00 Terrestrial Scanning Equipment & Crew 265.00 Hourly Utility Management, Utility Coordination, and SUE Billing Rate Senior Utility Coordinator 175.00 Utility Coordinator 160.00 Sr. Utility Location Specialist 165.00 Utility Location Specialist 100.00 1-Person Designator Crew w/Equipment*** 155.00 2-Person Designator Crew w/Equipment*** 180.00 2-Person Vac Excavator Crew w/Equip (Exposing Utility Only) 300.00 (4 hr. min.) Core Drill (equipment only) 790.00 per day SUE QL-A Test Hole (0 < 8 ft)**** 2,200.00 each SUE QL-A Test Hole (> 8 < 15 ft)**** 2,700.00 each Hourly Construction Management, Construction Engineering and Inspection (CEI) Billing Rate Construction Inspector I/II 110.00 Construction Inspector III 120.00 Senior Construction Inspector 140.00 Construction Superintendent 185.00 Senior Project Manager 250.00 Construction Manager 200.00 Senior Construction Manager 250.00 Construction Records Keeper 120.00 Direct Cost Reimbursables A fee equal to 3% of labor billings shall be included on each monthly invoice for prints, plots, photocopies, plans or documents on CD, DVD or memory devices, and mileage. No individual or separate accounting of these items will be performed by TNP. Any permit fees, filing fees, or other fees related to the project and paid on behalf of the client by TNP to other entities shall be invoiced at 1.10 times actual cost. Notes: All subcontracted and outsourced services shall be billed at rates comparable to TNP’s billing rates above or cost times a multiplier of 1.10. * Rates shown are for 2022 and are subject to change in subsequent years. ** Survey equipment may include truck, ATV, Robotic Total Station, GPS Units and Digital Level. *** Includes crew labor, vehicle costs, and field supplies. ****Does not include Level B Designating effort. 71 Page 8 EXHIBIT ‘D’ 72 73 74 75 76 77 78 79 80 81 82 83 84 Future Agenda Items November 8, 2022 Future Agenda Items will be divided into 3 Categories: 1) Current listing of all future agenda items requested by Council that have not been addressed. 2) Items that have been researched and are scheduled for a report to Council (first 2-4 weeks). 3) Items that Council has requested additional research/staff time on and will be brought back for public discussion at a Council Meeting. Council will be provided updates on items that require significant time. The Future Agenda Items list will be placed on the Council Meeting agenda to provide a status on all items. The current list will be reviewed and as items are completed; said items will be removed. The Council may add items as needed to the list. 1) Receive an update regarding Entryway Monumentation/Landscaping for the Town of Trophy Club. Halff has completed 3 conceptual drawings for the entryway monuments. The drawings have been distributed to the Art Subcommittee and once we receive comments and determine if Halff is moving in the right direction, we will schedule another meeting. 2) Develop a Strategic Plan for the Town addressing future goals with budgetary needs for each department. Due to decreased staffing, the strategic plan document has been put on hold due to other pressing items during the budget process. Work will begin again in October. 3) Modifying the Existing Veteran’s Memorial to include “Space Force”. Ft. Worth Monument is estimating that the POW-MIA obelisk should be received in the next 4-6 weeks. The Veteran’s Memorial Committee has confirmed the inscriptions that will be engraved on the monument. 4) Promote local businesses through the use of EDC and HOT Emails have been sent to local restaurants to set up a meeting to discuss ideas related to increasing business particularly during the lunch time period. Staff is also setting up meetings with our local hotel ownership to discuss ideas to increase hotel occupancy and how best to reach their customers. Lastly, I have met with Jeff Ackerson at Charles Swab and TD Ameritrade and discussed a plan to move forward. After I meet with the local businesses a plan will be developed and brought before Council for approval. 5)Traffic Mitigation Plan – TNP completed the traffic study which was given to the Town Manager and Council 11/2/22. A full presentation will be given to Council at the December Meeting. 6)Hogans Glen Drainage An email was sent to Hogans Glen HOA president asking for a copy of the settlement with entities in Trophy Club Town Square and a specific ask from the HOA to the Town. The Town Manager and Town Attorney have met with 3 Council members as of 11/3/22 and should meet with all Council members prior to this meeting. 85