HomeMy WebLinkAbout2021 0601Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: June 1, 2021
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
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Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: June 1, 2021
Submitted by: Lindsey Stansell
Submitting Department: Parks & Recreation
Item Type: Announcement
Agenda Section:
Subject:
Receive presentation from Parks and Recreation regarding upcoming events and activities. (Stansell)
Suggested Action:
Attachments:
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Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: June 1, 2021
Submitted by: Joe Perez
Submitting Department: General Admin
Item Type: Presentation
Agenda Section:
Subject:
Receive a presentation and update from CASA of Denton County. (Perez)
Suggested Action:
Attachments:
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Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: June 1, 2021
Submitted by: Lindsey Stansell
Submitting Department: Parks & Recreation
Item Type: Discussion
Agenda Section:
Subject:
Discuss options for upcoming Independence Day Parade and provide direction to staff for future parade plans.
(Stansell)
Suggested Action:
Attachments:
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Agenda Item No:3.3
CITY COUNCIL Agenda Item Report
Meeting Date: June 1, 2021
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
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Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: June 1, 2021
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Special Session/Retreat meeting minutes for May 15, 2021 and Regular
Session meeting minutes for May 18, 2021. (Stewart)
Suggested Action:
Attachments:
May 15, 2021 Special Session Retreat DRAFT Minutes.doc
May 18, 2021 DRAFT Minutes.docx
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MINUTES OF COUNCIL SPECIAL SESSION
RETREAT HELD ON
MAY 15, 2021
The Special Session/Retreatof the City Council of the City of The Colony,Texas, was called to
order at 8:00 a.m. on the 1
5 day of May 2021, at the Holiday Inn Express & Suites, 5290
Memorial Drive, The Colony, Texas 75056, with the following roll call:
Joe McCourry Mayor Present
Kirk Mikulec Councilmember Present
Richard Boyer Councilmember Present
Brian R. Wade Councilmember Present
David Terre Councilmember Absent (Personal)
Perry Schrag Councilmember Absent (Business)
Joel Marks Councilmember Present
City staff present: Troy Powell, City Manager
Tim Miller, Assistant City Manager
Tina Stewart, City Secretary
Brant Shallenburger, Director of Governmental Services
Joe Perez, Director of Community Relations and Programming
Jeff Moore, City Attorney
Pam Nelson, Director of Community Services
Guest:
Tod Maurina, Tod-Co Consultative Services
And with five council members present a quorum was established and the following items were
addressed:
1. CALL TO ORDER
Mayor McCourry called the meeting to order as 8:00 a.m.
City Manager Troy Powell provided an overview of today’s meeting.
***City Council recessed from 11:30 a.m. to 1:52 pm***
2. RECEIVE PRESENTATION FROM STAFF, AND DISCUSS THE FOLLOWING:
a) General Discussion of items of City County Interest
TV Channel Update –
City Manager, Troy Powell, reported the IT department completed a high
definition cost analysis for better communication for live streaming. The City
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will be moving forward with amending the IT budget for the upgrades on
equipment and installation for better service through the City’s social
platforms.
Denton County Transportation Authority –
Director of Community Relations and Programming, Joe Perez, stated that
cities serving on the boardvote during regular meetings and attend executive
sessions, while non-voting members are not. Mr. Perez requested direction
from Council in regards to continue city staff serving due to the boards’
rules, or move to appointing someone from the communityto serve. Council
directed staff to continue serving on the DCTA.
VRBO –
City Manager, Troy Powell reported, reported on short-term rentals in the
City of The Colony. The City proposes to create an ordinance to allow
rentals and outlining penalties to notify the police department of a possible
nuisance.
Budget –
Police Department –The City to hire six new officers and one
lieutenant with 3-4 officers assigned to the Grandscape District.
Crime has gone up due to busy activities. City staff will connect with
third party consultant to perform an analysis assessment regarding
security services.
Fire Department –The City to hire final six members trained as
firefighters and EMS skills funded through TIF and TIRZ.
Street Reconstruction and Public Works Street Work – The City to
hire additional crewmembers due to increase in work projects. New
public works director James Whitt recently assigned and has a done a
good job running production.
Bonds: Summary of Outstanding Debt and Credit Position–The City
to review contract concerning sludge hauling.
Oncor Electric –This item is to be on the agenda for June 1, 2021 for
Council to amend the distribution cost recovery factor. Funds have
been set aside for the City to pay the debt.
Council Budget Meetings -The Preliminary Budget will be on the
August 1, 2021 agenda and the final budget on the September
meeting agenda for approval.
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Big Projects –The City is looking to move forward with thefollowing
projects:
1.New Recreation Center
2.School, Library and Senior Center relocation
3.Medical Building - City Hall and Chamber relocation
4.Current City Hall/Library back on the market
Executive Session was convened at 8:08 a.m.
3. EXECUTIVE SESSION
a) Councilshall convene into a closed executive session pursuant to Section 551.087 of
the Texas Government Code regarding commercial or financial information the city
has received from a business prospect(s), and to deliberate the offer of a financial or
other incentive to a business prospect(s).
Regular Session was reconvened at 9:08 p.m.
4. EXECUTIVE SESSION ACTION
a) Any action as a result of executive session regarding commercial or financial
information the city has received from a business prospect(s).
Motion tomove forward as discussed in executive session-Mikulec; Second by Wade, motion
carried with all ayes.
ADJOURNMENT
There being no further business to discuss the meeting adjourned at 2:20 p.m.
APPROVED:
________________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
_______________________________
Tina Stewart, TRMC, CMC
City Secretary
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1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information
regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming
events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action
will be taken and no direction will be given regarding these items.
MINUTES OF THE CITY COUNCIL REGULAR SESSION
HELD ON
MAY 18, 2021
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:30 p.m. on the 18
th day of May 2021, at City Hall, 6800 Main Street, The Colony, Texas,
with the following roll call:
Joe McCourry, Mayor
Kirk Mikulec, Deputy Mayor Pro Tem
Richard Boyer, Mayor Pro Tem
Brian Wade, Councilmember
David Terre, Councilmember
Perry Schrag, Councilmember
Joel Marks, Councilmember
Present
Present
Present
Present
Present
Present
Present
And with 7 council members present a quorum was established and the following items were
addressed in this meeting remotely via videoconference.
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS
1.1 Call to Order
Mayor McCourry called the meeting to order at 6:30 p.m.
1.2 Invocation
Pastor Steve Solari with Hope Community Fellowship delivered the invocation.
1.3 Pledge of Allegiance to the United States Flag
The Pledge of Allegiance to the United States Flag was recited.
1.4 Salute to the Texas Flag
Salute to the Texas Flag was recited.
1.5 Items of Community Interest
1.5.1 Presentation on Grandscape winning the DCEO Award.
Economic Development Director, Keri Samford, gave a presentation for
recognizing the Grandscape District winning the DCEO Award. Mayor McCourry
accepted the award.
Councilmember Marks arrived at 6:33 p.m.
Councilmember Schrag arrived at 6:35
Mayor acknowledged Governor Abbott's executive order that was released earlier
today. The executive order is prohibiting governmental entities in Texas, including
counties, cities, school districts, and public health authority's or government
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City Council – Regular Meeting Agenda
May 18, 2021
Page| 2
officials from requiring or mandating mask wearing. Public schools may continue
to follow the mask wearing guidelines until June 4, 2021. After this date, no student,
teacher, parent, or other staff member or visitor can be required to wear a mask
while on campus. Beginning May 21, 2021, local governments or officials that
attempt to impose a mask mandate, or impose a limitation inconsistent, or
conflicting with the executive order will be fined up to $1,000.00.
2.0 CITIZEN INPUT
None
3.0 WORK SESSION
3.1 Receive a joint presentation from the Parks and Recreation, Eiger and Volunteers
of America LPGA regarding Fourth of July activities.
Diane Baxter, City liaison, introduced Emily Podzielinski with Eiger Marketing
Group, and Lindsey Stansell, Special Events Supervisor, to Council. An overview
was presented on this item.
3.3 Council to provide direction to staff regarding future agenda items.
None
4.0 CONSENT AGENDA
Motion to approveall items from the Consent Agenda-Marks; second bySchrag,motion carried
with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes for April 20,
2021.
4.2 Consider approving a resolution authorizing the City Manager to execute a contract
in the amount of $100,776.00 with Weisinger Inc. for the rehabilitation, pump and
motor repair of Trinity Well No. 1 located at 5033 Clover Valley.
RESOLUTION NO. 2021-034
5.0 REGULAR AGENDA ITEMS
5.1 Conduct a public hearing, discuss, and consider an ordinance adopting the
Standards of Care Policy for Day Camp Programs.
Recreation Manager, David Swain, presented the proposed ordinance to Council.
The public hearing was opened and closed at 7:05 p.m. with no speakers.
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City Council – Regular Meeting Agenda
May 18, 2021
Page| 3
Motion to approve with edits made by City staff - Mikulec; second by Marks, motion carried
with all ayes.
ORDINANCE NO. 2021-2440
5.2 Discuss and consider making a nomination by resolution for a candidate to serve
on the Denco Area 9-1-1 District Board of Managers for a two-year term beginning
October 1, 2021.
Motion to approve- Mikulec; second by Wade, motion carried with all ayes.
RESOLUTION NO. 2021-033
Executive Session was convened at 7:09 p.m.
6.0 EXECUTIVE SESSION
6.1.A. Council shall convene into a closed executive session pursuant to Section
551.071 of the Texas Government Code to seek legal advice from the city attorney
concerning the 1205 litigation.
B. Council shall convene into a closed executive session pursuant to Section
551.071 of the Texas Government Code to seek legal advice from the city attorney
and Section 551.087 of the Texas Government Code to deliberate commercial or
financial information the City has received from a business prospect, and to
deliberate the offer of a financial or other incentive to a business prospect –
Nebraska Furniture Mart – LMG Ventures, LLC, and TXFM, Inc.
C. Council shall convene into a closed executive session pursuant to Section
551.087 of the Texas Government Code regarding commercial, or financial
information the city has received from a business prospect(s), and to deliberate the
offer of a financial or other incentive to a business prospect(s).
Regular Session was reconvened at 7:46 p.m.
7.0 EXECUTIVE SESSION ACTION
7.1 A. Any action as a result of executive session regarding the 1205 litigation.
Motion to authorize the City Manager or Mayor to execute an emergency letter with Winstead
PC, and authorize the filing of a Chapter 1205 declaratory action concerning the City's receipt
of certain state tax revenues, including the state's sales and use tax, hotel occupancy tax, mixed
beverage taxes, and related matters, consistent with the terms as discussed in executive session-
Boyer; second by Mikulec, motion carried with all ayes.
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City Council – Regular Meeting Agenda
May 18, 2021
Page| 4
B. Any action as a result of executive session regarding commercial or financial
information the City has received from a business prospect, and to deliberate the
offer of a financial or other incentive to a business prospect – Nebraska Furniture
Mart - LMG Ventures, LLC, and TXFM, Inc.
No Action
C. Any action as a result of executive session regarding commercial or financial
information the city has received from a business prospect(s).
No Action
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 7:48 p.m.
APPROVED:
__________________________________
Joe McCourry, Mayor
City of The Colony
ATTEST:
_______________________________
Tina Stewart, TRMC, CMC
City Secretary
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Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: June 1, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Expenditures
Agenda Section:
Subject:
Consider approving Council expenditures for the month of April 2021. (Council)
Suggested Action:
Attachments:
Council April Expenditures.pdf
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Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: June 1, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Consider accepting Julie Knapp's resignation from the Board of Adjustment. (Council)
Suggested Action:
Attachments:
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Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: June 1, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Consider accepting Donna Cole's resignation from the Community Development Corporation. (Council)
Suggested Action:
Attachments:
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Agenda Item No:4.5
CITY COUNCIL Agenda Item Report
Meeting Date: June 1, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Consider accepting Connie Roberts, Kathleen Rainey and Joseph Fried's resignation from Keep The Colony
Beautiful Board. (Council)
Suggested Action:
Attachments:
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Agenda Item No:4.6
CITY COUNCIL Agenda Item Report
Meeting Date: June 1, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Consider accepting Detrick DeBurr and Mark Holliday's resignation from the Planning and Zoning Commission.
(Council)
Suggested Action:
Attachments:
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Agenda Item No:4.7
CITY COUNCIL Agenda Item Report
Meeting Date: June 1, 2021
Submitted by: David Cranford
Submitting Department: Finance
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the Assistant City Manager to approve a Storm Recovery payment
to Gexa Energy for ancillary charges during the winter storm. (Miller)
Suggested Action:
Gexa is passing through ancillary costs absorbed during the February winter storm. Because the City is a part
of TCAP there were no extreme energy rate fluctuations. However, the winter storm caused unprecedented
peaks in the ERCOT ancillary service charge to every consumer within ERCOT.
Ancillary charges are meant to ensure grid reliability, which change hourly.
Typically, costs of ancillary services are small as there is often large amounts unused generation capacity.
During the winter storm, ERCOT's electric grid lost about half of its total generation capacity. With little capacity
in reserves, the price of electric capacity rose to levels never experienced in the ERCOT market. The City's
lump sum payment is $482,585.
Attachments:
TCAP.pdf
gexaI.pdf
Res. 2021-xxx Gexa Energy.docx
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - _______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING
THE ASSISTANT CTY CITY MANAGER TO APPROVE A STORM RECOVERY
PAYMENT AGREEMENT WITH GEXA ENERGY; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the
Assistant City Manager to approve a payment agreement with Gexa Energy in the amount
of $482,586 for ancillary charges from the winter storm.
Section 2. That the Assistant City Manager or his designee is authorized to approve the
agreement.
Section 3. That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas this 1st day of June 2021.
______________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
________________________________
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
________________________________
Jeff Moore, City Attorney
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Agenda Item No:4.8
CITY COUNCIL Agenda Item Report
Meeting Date: June 1, 2021
Submitted by: David Cranford
Submitting Department: Finance
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to approve an interlocal agreement with the City of
Southlake for the purchase of goods and services. (Cranford)
Suggested Action:
An interlocal agreement with Southlake will help the City better utilize vendors in North Texas.
Attachments:
Southlake interlocal.pdf
Res. 2021-xxx Interlocal Agreement with Southlake.docx
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - _______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING
THE CITY MANAGER TO APPROVE AN INTERLOCAL AGREEMENT WITH
THE CITY OF SOUTHLAKE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the
City Manager to approve an interlocal agreement with the City of Southlake.
Section 2. That the City Manager or his designee is authorized to approve the interlocal
agreement.
Section 3. That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas this 1st day of June, 2021.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
/s/Jeff Moore, City Attorney
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Agenda Item No:4.9
CITY COUNCIL Agenda Item Report
Meeting Date: June 1, 2021
Submitted by: David Cranford
Submitting Department: Finance
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to deny CoServ Gas Ltd's requested rate change.
(Cranford)
Suggested Action:
On November 13, 2020, CoServ Gas, Ltd. (“CoServ” or “Company”), filed its Statement of Intent to change gas
rates at the Railroad Commission of Texas (“RRC”) and in all municipalities exercising original jurisdiction
within its service area, effective January 23, 2021.
CoServ is seeking to increase its gas rates on a system-wide basis by $9.6 million per year, and by $8,113,409
in the incorporated areas. This equates to an increase of 11.6% on total revenues, or 29.0% increase in base
rates for the incorporated areas.
Denial provides the opportunity for the City to work with other effected cites to evaluate the filing and determine
what further strategy or settlement is needed.
Attachments:
COSERVE DENIAL.docx
Res. 2021-xxx CoServ Cities Denial.doc
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MODEL STAFF REPORT REGARDING
COSERV’S REQUESTED RATE CHANGE
A settlement has been reached, but not yet finalized and filed. The key terms of the
settlement include: (1) a rate increase of $6.25 million, down from the Company’s updated request
of $11.5 million; (2) $10.3 million of excess deferred income tax refunded to customers over 38
years; (3) 9.5% Return on Equity, compared to the Company’s requested 11.5% Return on Equity;
(4) residential customer charge of $15, compared to the Company’s original $18.50 request; (5)
and 100% recovery of City’s rate case expenses
In the interest of time, however, we are asking that you adopt a denial resolution per the
guidance below. If time permits, we will substitute resolutions which adopt the settlement.
PURPOSE:
On November 13, 2020, CoServ Gas, Ltd. (“CoServ” or “Company”), pursuant to
Subchapter C of Chapter 104 of the Gas Utility Regulatory Act, filed its Statement of Intent to
change gas rates at the Railroad Commission of Texas (“RRC”) and in all municipalities exercising
original jurisdiction within its service area, effective March 14, 2021.
In a prior City action, CoServ’s rate request was suspended from taking effect for 90 days,
the fullest extend permissible under the law. This time period has permitted the City, through its
participation in the Steering Committee of Cities Served by CoServ, Ltd. (“CoServ Gas Cities”),
to determine that the proposed rate increase and consolidation are unreasonable. Consistent with
the recommendations of experts engaged by CoServ Gas Cities, CoServ’s request for a rate
increase and consolidation of service areas should be denied.
Accordingly, the purpose of this Resolution is to deny the rate change application proposed
by CoServ.
Explanation of “Be It Resolved” Sections:
Section 1.This section finds that the Company’s application is unreasonable and
should be denied.
Section 2.This section requires CoServ to maintain its existing rates within the City.
Section 3.This section states that City’s reasonable rate case expenses, through the
CoServ Gas Cities, shall be reimbursed by CoServ.
Section 4.This section recites that the Resolution was passed at a meeting that was
open to the public and that the consideration of the Resolution was properly noticed.
Section 5.This section provides that the City will notify counsel for CoServ and
counsel for CoServ Gas Cities of the City’s action by sending a copy of the approved and signed
Resolution to each counsel.
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CITY OF THE COLONY
RESOLUTION NO. 2021 - _______
RESOLUTION OF THE CITY OF THE COLONY
DENYING COSERV GAS, LTD.’S REQUESTED RATE
INCREASE; REQUIRING THE COMPANY TO
REIMBURSE THE CITY’S REASONABLE RATEMAKING
EXPENSES; FINDING THAT THE MEETING AT WHICH
THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC
AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS
RESOLUTION TO THE COMPANY AND THE CITY’S
LEGAL COUNSEL
WHEREAS, the City of The Colony, Texas (“City”) is a gas utility customer of CoServ
Gas Ltd. (“CoServ”” or “Company”), and is a regulatory authority under the Gas Utility
Regulatory Act (“GURA”), and under Chapter 104, § 104.001 et seq. of GURA has exclusive
original jurisdiction over CoServ’s rates, operations, and services within the City; and
WHEREAS, the City cooperated with a coalition of similarly situated cities served by the
Company that have joined together to facilitate the review and response to natural gas issues
affecting rates charged in CoServ’s service area (“CoServ Gas Cities” or “Steering Committee of
Cities Served by CoServ Gas, Ltd.”); and
WHEREAS, on or about November 13, 2020 the Company filed a Statement of Intent to
increase rates on a system-wide basis by $9.6 million per year, and by $8,113,409 in all
municipalities exercising original jurisdiction within its service area; and
WHEREAS, CoServ proposed March 14, 2021 as the effective date for its requested
increase in rates; and
WHEREAS, the City passed resolution No. 2021-079 to suspend the effective date of
CoServ’s requested rate increase for 90 days, the maximum period allowed by law; and
WHEREAS, the CoServ Gas Cities hired and directed legal counsel and consultants to
prepare a common response to the Company’s requested system-wide rate increase and proposed
consolidation of service areas, which resulted in a conclusion that CoServ’s rates are not
reasonable, the proposed consolidation of services areas is not reasonable, and a recommendation
that the rate request and consolidation be denied; and
WHEREAS, the GURA § 103.022 provides that costs incurred by CoServ Gas Cities in
ratemaking activities are to be reimbursed by the regulated utility.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS:
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1.That the rates proposed by CoServ to be recovered through its gas rates charged to
customers located within the City limits are hereby found to be unreasonable and shall be denied.
2.That CoServ shall continue to charge its existing rates to customers within the
City and that said existing rates are reasonable.
3. That the City’s reasonable rate case expenses shall be reimbursed by the
Company.
4.That it is hereby officially found and determined that the meeting at which this
Resolution is passed is open to the public as required by law and the public notice of the time,
place, and purpose of said meeting was given as required.
5.A copy of this Ordinance shall be sent to CoServ, care of Charles Harrell, CoServ
Gas, Ltd. 7701 South Stemmons Freeway, Corinth, Texas 76210 (CHarrell@coserv.com), and to
Thomas Brocato at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite
1900, Austin, Texas 78701 (tbrocato@lglawfirm.com).
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 1STDAY OF JUNE 2021.
_________________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
______________________________________
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
______________________________________
Jeff Moore, City Attorney
2061/3/8034347
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Agenda Item No:4.10
CITY COUNCIL Agenda Item Report
Meeting Date: June 1, 2021
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in
the amount of $1,068,192.00 with Quality Excavation, Ltd. for the Phase 10 Residential Street Reconstruction
Project. (Hartline)
Suggested Action:
Summary of Requests: Consider approval of a resolution authorizing the City Manager to sign a Construction
Services Contract in the amount of $1,068,192.00 with Quality Excavation, Ltd. for the Phase 10 Residential
Street Reconstruction Project.
Background:
City Council approved funding for the Phase 10 Residential Street Reconstruction project in the 2020-2021
budget. For this project, the entire length of Hendrix Drive from Knox Drive to Paige Road will be reconstructed
to the same width as existing with reinforced concrete pavement. Sidewalk and driveway returns within the
street right-of-ways will also be reconstructed. The project will also include the replacement of the existing
water main, wastewater main and street lights.
The project bids were opened on May 6, 2021 and the low bidder was Quality Excavation, Ltd. at a cost of
$1,068,192.00. Halff Associates, the Project Design Engineer, received positive feedback from representatives
that have previously worked with the contractor including the City of Rowlett, City of Frisco, Burgess and Niple
and Schaumburg & Polk. Halff Associates recommends approval of the contract with this company. See
attached Engineering Recommendation letter for additional information.
Recommendation:
Staff recommends approval of the contract with Quality Excavation, Ltd. in the amount of $1,068,192.00 to
perform construction services for the Phase 10 Residential Street Reconstruction project. With approval, the
project is anticipated to start construction in July 2021 with an estimated completion in February 2022.
Suggested motion:
I move to recommend approval of a resolution authorizing the City Manager to sign a Construction Services
Contract in the amount of $1,068,192.00 with Quality Excavation, Ltd. for the Phase 10 Residential Street
Reconstruction Project.
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Attachments:
Engineering Recommendation Letter
Certified Bid Tab Summary
Location Map
Financial Summary
Res. 2021-xxx Quality Excavation, Ltd. Construction Services Contract.docx
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3803 Parkwood Boulevard, Suite 800
Frisco, Texas 75034-8641
(214) 618-4570
Fax (214) 739-0095
May 18, 2021
AVO 042420.001
Mr. Ron Hartline, P.E.
Director of Engineering
City of The Colony
6800 Main Street
The Colony, Texas 75056
Re: Phase X Street Reconstruction Bid # 69-21-12_PHASE X STREETS
Dear Mr. Hartline:
Bids were opened on the above-referenced project on Thursday, May 6, 2021, at the City of The
Colony. Eleven (11) bids were received, and they ranged from a high bid of $1,660,500.00 to a low
bid of $1,068,192.00. Quality Excavation, Ltd. was the low bidder. To verify Quality Excavation s
qualifications, we have contacted the City of Rowlett, City of Frisco, Burgess and Niple, and
Schaumburg & Polk who all have awarded and worked with Quality Excavation on similar
projects. Additionally, Quality has successfully completed several projects for the City of The
Colony within the last few years.
We spoke with Mr. Thomas Harris an Engineer with the City of Rowlett concerning Quality
performance on two of their improvement projects. These projects consisted of
concrete street paving, storm sewer, sanitary sewer, and water line placement. Mr. Harris
emphasized that work was completed ahead of schedule and there was an overall approval on both
projects. He also stated they worked well with Residents and City Inspectors and always conducted
interactions with no issues. Mr. Harris mentioned that any change orders for these two projects was
only to add additional work to the scope. In conclusion, Mr. Harris stated he would award projects
to Quality Excavation again if they were the low bidder.
We also spoke with Tin Nguyen an Engineer with the City of Frisco concerning Quality
Excavation s performance on their Ohio Drive at Warren Parkway roundabout project. The project
scope consisted of concrete paving and storm drain improvements. Mr. Nguyen stated that there
was an overall approval of the completed work upon project conclusion and that the workmanship
on both the paving utilities was good. When asked about working with Residents and City
Inspectors Mr. Nguyen stated there was no issues and they were able to work together.
Next, we spoke with Billy Wendland an Engineer from Burgess and Niple with regards to Quality
Excavation s performance on their Whitley Road project in Watauga. The project scope consisted
of concrete paving, residential driveways, sidewalks, storm drain improvements, and water line
improvements. Mr. Wendland stated that he was the engineer of record on the project and that he
70
Mr. Ron Hartline, P.E.
May 18, 2021
Page 2
approved of their work and that they completed the job on time. Mr. Wendland also emphasized
that the workmanship on the paving and utilities was beyond satisfactory with no outstanding
problems. When asked if any change orders were requested Mr. Wendland stated yes, however the
work was necessary and the pricing was fair. Finally, Mr. Wendland mentioned that this project
was through a neighborhood, so it had great impact on the Residents however Quality Excavation
did a good job of communicating with them and the City Inspectors.
Finally, we spoke with Jim Waldbauer an Engineer from Schaumburg and Polk regarding Quality
Excavation s performance on their Alma Drive project in the City of Allen. The project scope
consisted of adding a lane to a divided thoroughfare and minor utility work. Mr. Waldbauer stated
the final product and workmanship was approved and acceptable with no outstanding issues. Mr.
Waldbauer mentioned that Quality Excavation was able to meet all project deadlines and work
with both Residents and City Inspectors. In conclusion, Mr. Waldbauer mentioned that Quality
Excavation is a good contractor and they have completed many other projects Schaumburg and
Polk has designed.
Section 252.043 in the Local Government Code states if competitive sealed bids are received, the
contract must be awarded to the lowest responsible bidder or to the bidder who provides goods or
services at the best value for the municipality. After considering the purchase price, reputation of
past work experience with the City of
The Colony, Halff Associates has determined that Quality Excavation Ltd. is the lowest
responsible bidder.
Please call me at (817) 764-7467 if you have any questions or comments.
Sincerely,
HALFF ASSOCIATES, INC.
Leigh A. Hollis, P.E.
Attachment
71
72
MainPaigeNas h
Baker
North Colon y
NorrisBlair OaksSlay FoxStr ickland
Roberts Gates
Morning StarBig River
GlenviewJoyCrawford Perrin
Pemberton
Adams
Gibson
KnoxJohn YatesPearce
Ashlock
Wagner
M e m o ria lSouth ColonyPhelps
MarlarPruittStanleyKnightBrandenburg
Hetherington LongoPowers
Bedford
Shannon
Walk e r
Wheeler RaganSagers
Ramsey
MillerKing
Young
A listerT
a
ylor
YagerWilcox
BartlettPettitJennings
GriffinWitt
Overland
Rock Canyon
Rockwood
Green Hollow
DarbyThompson
Watkins
Legend
WexleyRolling HillKisor
ConcordMatsonColeElmMarsh
Carroll
MayesBlalockIvySutton
T w i t t y
BranchwoodDay SpringOxfordHendrix
Pain ter
Mountain ValleyLookoutCook
Bear RunWilshireLarner
FisherClover Valley
Westwood
LandmarkChatham
CreekdaleU s h e r
Bentley
Archer
Fall RiverHigh CliffNervin
FosterSouthmoor
H a m i l t o n
G r a h a m
PinebrookAl
l
enStratford
M i d d l e t o n
MerrellWom ack
Freeman
Carri
ageRiverview Dee ColePhoenix
Eagle River
Lake VistaLake Ridge
Gilliam ScottBarstowM a d i s o n
W
oodlands
Stone MountainCrestwood
Hardaway
Marks
Crutchberry
B an deraSanta FeAtterbury
Overton
Keller
HilltopPawneeCockrellW o o d m o s s
Trailvie
wCliffsideChowningMainPruitt MemorialSouth ColonyMa
y
e
s
PaigeMayesµLocation MapPhase 10 Street Reconstruction(Hendrix Drive From Knox Drive to Paige Road)
Hendrix Drive
73
Financial Summary:
Are budgeted funds available: Yes Amount budgeted/available: $1,537,000.00
Fund(s) (Name and number): Fund 895-669-6670, Project # 012-SRH0146
Source of Funds: 2020- 2021 Bond Proceeds
Cost of recommended bid/contract award: $1,068,192.00
Total estimated project cost:
$ 131,600.00 Engineering (Halff Associates) Already authorized Yes No
$ 1,068,192.00 Construction (Quality Excavation, Ltd.) Already authorized Yes No
$ 0.00 Other Improvements
$ 1,199,792.00 Total estimated costs
74
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONSTRUCTION SERVICES CONTRACT BETWEEN THE
CITY OF THE COLONY AND QUALITY EXCAVATION, LTD., FOR THE
PHASE 10 RESIDENTIAL STREET RECONSTRUCTION PROJECT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best interest of the citizens
to award a bid to Quality Excavation, Ltd., for the Phase 10 Residential Street Reconstruction
Project; and
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.That the City Manager of the City of The Colony, Texas is hereby awards a bid to
URETEK USA, INC., in the amount of $1,068,192.00 for such work.
Section 2. That the City Manager or his designee is authorized to issue the appropriate
purchase order(s) in accordance with the bid award.
Section 3.This resolution shall take effect immediately from and after its adoption and it
is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 1STDAY OF JUNE 2021.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
_________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
_______
Jeff Moore, City Attorney
75
Agenda Item No:4.11
CITY COUNCIL Agenda Item Report
Meeting Date: June 1, 2021
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in
the amount of $130,105.95 with KDA Contractors, Inc. for the Painter Street Cul-De-Sac Project. (Hartline)
Suggested Action:
Summary of Requests: Consider approval of a resolution authorizing the City Manager to sign a Construction
Services Contract in the amount of $130,105.95 with KDA Contractors, Inc. for the Painter Street Cul-De-Sac
Project.
Background:
City Council approved funding for the construction of the Painter Street Cul-De-Sac project in the 2020-2021
budget.
Painter Street is currently a dead end street with no outlet or available turn around option at the end of the
street. This street is a residential street with houses located on both sides of the roadway and a city park is
also located at the end of this street. It is very inconvenient for residents and vendors with large service trucks
and/or trailers to turn around on this street. It is also not possible for a Fire Apparatus to turn around and they
are required to back all the way down the roadway to Baker Drive in the event a response is called on this
street. This street does not meet the City Engineering Design Standards and/or Fire Apparatus turnaround
standards. See photo showing the existing street without the cul-de-sac.
The scope of work consists of the construction of a new cul-de-sac located at the east end of Painter Street.
The design of the project was completed in-house by Engineering Staff. The construction work includes, but is
not limited to, the placement of 6 thick reinforced street concrete pavement on a flex base subgrade, placement
of new 4-inch thick reinforced concrete sidewalks, installation of 18-inch reinforced concrete pipe, a concrete
flume and other drainage improvements.
This project was advertised for bid and the project bids were opened on March 31, 2021. Eleven (11) bids were
received and they ranged from a high bid of $208,200.30 to a low bid of $112,227.65. See attached Certified
Bid Tabulation Summary.
After contacting representatives provided from the lowest bidder MHB Construction, Inc., it was determined
from discussions with those representatives that this contractor has had several problematic issues on
projects awarded in the cities of Ft. Worth, Plano and Keller. After considering this company’s reputation,
experience, manpower, equipment, and supervisory requirements on the provided services on projects for
these three cities, city staff determined that MHB Construction, Inc. is not the lowest responsible bidder. See
attached Engineering Reference Check letter for additional information. In awarding a contract to the lowest
responsible bidder, a municipality may take into account a bidder’s experience, manpower, equipment, and
supervisory requirements. Corbin v. Collin County Comm'rs Court, 651 S.W.2d 55 (Tex. App.—Dallas 1983, no
writ).
76
Section 252.043 in the Local Government Code states if competitive sealed bids are received, the contract
must be awarded to the lowest responsible bidder or to the bidder who provides goods or services at the best
value for the municipality. After considering the purchase price, reputation, experience, manpower, equipment,
and supervisory requirements of the bidders from the references that city staff contacted, staff has determined
that KDA Contractors, Inc.is the lowest responsible bidder. See attached Engineering Reference Check letter
for additional information regarding KDA Contractors, Inc. for this work.
Recommendation:
Staff recommends approval of the contract with KDA Contractors, Inc. in the amount of $130,105.95 to perform
construction services for the Painter Street Cul-De-Sac project. With approval, the project is anticipated to start
construction in July 2021 with an estimated completion in January 2022.
Suggested Motion:
I move to recommend approval of a resolution authorizing the City Manager to sign a Construction Services
Contract in the amount of $130,105.95 with KDA Contractors, Inc. for the Painter Street Cul-De-Sac Project.
Attachments:
Certified Bid Tab Summary
Location Map
Photo of Existing Painter Street without Cul De Sac
Financial Summary
Engineering Reference Check Letter. KDA Contractors
Engineering Reference Check Letter. MHB Construction
Res. 2021-xxx KDA Contractors, Inc. Construction Services Contract.docx
77
78
MainPaigeNas h
Baker
North Colon y
NorrisBlair OaksSlay FoxStr ickland
Roberts Gates
Morning StarBig River
GlenviewJoyCrawford Perrin
Pemberton
Adams
Gibson
KnoxJohn YatesPearce
Ashlock
Wagner
M e m o ria lSouth ColonyPhelps
MarlarPruittStanleyKnightBrandenburg
Hetherington LongoPowers
Bedford
Shannon
Walk e r
Wheeler RaganSagers
Ramsey
MillerKing
Young
A listerT
a
ylor
YagerWilcox
BartlettPettitJennings
GriffinWitt
Overland
Rock Canyon
Rockwood
Green Hollow
DarbyThompson
Watkins
Legend
WexleyRolling HillKisor
ConcordMatsonColeElmMarsh
Carroll
MayesBlalockIvySutton
T w i t t y
BranchwoodDay SpringOxfordHendrix
Pain ter
Mountain ValleyLookoutCook
Bear RunWilshireLarner
FisherClover Valley
Westwood
LandmarkChatham
CreekdaleU s h e r
Bentley
Archer
Fall RiverHigh CliffNervin
FosterSouthmoor
H a m i l t o n
G r a h a m
PinebrookAl
l
enStratford
M i d d l e t o n
MerrellWom ack
Freeman
Carri
ageRiverview Dee ColePhoenix
Eagle River
Lake VistaLake Ridge
Gilliam ScottBarstowM a d i s o n
W
oodlands
Stone MountainCrestwood
Hardaway
Marks
Crutchberry
B an deraSanta FeAtterbury
Overton
Keller
HilltopPawneeCockrellW o o d m o s s
Trailvie
wCliffsideChowningMainPruitt MemorialSouth ColonyMa
y
e
s
PaigeMayesµLocation MapPainter Street Cul-De-Sac
Painter Street Cul-De-Sac
Existing City Park
79
80
Financial Summary:
Are budgeted funds available: Yes Amount budgeted/available: $130,105.95
Fund(s) (Name and number): Fund 895-669-6670, Project # 012-CDS0146
Source of Funds: 2020- 2021 Bond Proceeds
Cost of recommended bid/contract award: $130,105.95
Total estimated project cost:
$ 0.00 Engineering (In-House City Design) Already authorized Yes No
$ 130,105.95 Construction (KDA Contractors, Inc.) Already authorized Yes No
$ 0.00 Other Improvements
$ 130,105.95 Total estimated costs
81
82
83
84
85
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONSTRUCTION SERVICES CONTRACT BETWEEN THE
CITY OF THE COLONY AND KDA CONTRACTORS, INC., FOR THE
PAINTER STREET CUL-DE-SAC PROJECT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best interest of the citizens
to award a bid to KDA Contractors, Inc., for the Painter Street Cul-De-Sac
Project; and
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.That the City Manager of the City of The Colony, Texas is hereby awards a bid to
KDA Contractors, Inc., in the amount of $130,105.95 for such work.
Section 2. That the City Manager or his designee is authorized to issue the appropriate
purchase order(s) in accordance with the bid award.
Section 3.This resolution shall take effect immediately from and after its adoption and it
is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 1ST DAY OF JUNE 2021.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
_________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
_______
Jeff Moore, City Attorney
86
Agenda Item No:4.12
CITY COUNCIL Agenda Item Report
Meeting Date: June 1, 2021
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to reject a bid in the amount of $738,175.00 with
Atkins Brothers Equipment Company, Inc. for the Citywide Drainage Improvements Project. (Hartline)
Suggested Action:
Summary of Request: Consider approval of a resolution authorizing the City Manager to reject a bid in the
amount of $738,175.00 with Atkins Brothers Equipment Company, Inc. for the Citywide Drainage Improvements
Project.
Background:
The project’s scope of work consists of the installation of traffic rated (H-20) channel drains, HDPE pipes,
various size Duraslot drains, grate inlets, curb inlets, roadway drainage improvements and/or other
improvements to existing storm water systems throughout the city. This project will provide work order based
construction services to assist in providing more effective drainage system operations in neighborhoods and/or
roadways within the city limits of The Colony. Work for this contract will be provided through individual project
work orders based on the availability of funds and in accordance with the successful Bidder’s unit cost bid
schedule pricing.
The project specification manual was completed in-house by engineering staff and the project was advertised
for bid. The bids were opened on May 6, 2021 and two bids were received. One of these bids was an
incomplete bid submission and did not meet the required City bidding requirements. The low bidder was Atkins
Brothers Equipment Company, Inc. with a price of $738,175.00. Since this bid was much higher than the
Design Engineer’s construction cost estimate and adequate funding is not currently available, staff
recommends that this bid be rejected and the project be rebid at a future date.
Recommendations:
Staff recommends that the bid from Atkins Brothers Equipment Company, Inc. for the Citywide Drainage
Improvements Project be rejected and the project be rebid at a future date.
Suggested motion:
I move to recommend approval of a resolution authorizing the City Manager to reject a bid in the amount of
$738,175.00 with Atkins Brothers Equipment Company, Inc. for the Citywide Drainage Improvements Project.
Attachments:
Certified Bid Tabulation
Res. 2021-xxx Atkins Brothers Equipment Company Reject Bid.docx
87
88
Item #Requested
Quantity Unit Description and Price Unit Price Total Price
1 30 EA Inlet Protection $75.00 $2,250.00
2 500 SY Solid Sod $75.00 $37,500.00
3 5,000 SF Sawcut and Remove Existing Concrete
Pavement Curb and Flatwork $10.00 $50,000.00
4 100 SF Sawcut and Remove and Replace Existing
Concrete Flume $21.00 $2,100.00
5 100 SF Sawcut and Remove and Replace Existing
Concrete Sidewalk $20.00 $2,000.00
6 550 SY 6-inch Thick Grade A, Type 1 or 2 Flex Base $60.00 $33,000.00
7 550 SY 6-inch Thick, 4,000 psi Portland Cement
Reinforced Concrete Pavement $95.00 $52,250.00
8 550 SY 4-inch Thick, 4,000 psi Portland Cement
Reinforced Concrete Pavement $85.00 $46,750.00
9 5 EA 4-inch Thick, 4,000 psi Portland Cement
Reinforced Concrete Barrier-Free Ramps $6,800.00 $34,000.00
10 400 LF Concrete Grinding $139.00 $55,600.00
11 50 LF Integral Sidewalk Retaining Wall (Height Equal
to or less than 1 foot)$181.00 $9,050.00
12 100 LF 6-inch ADS N-12 HDPE Storm Pipe (open cut)$81.00 $8,100.00
13 100 LF 6-inch Perforated HDPE Storm Pipe w/ EZFlow
Drain (open cut)$130.00 $13,000.00
14 100 LF 6-inch ADS Duraslot Surface Drain (open cut)-
Fixed Height $120.00 $12,000.00
15 100 LF 6-inch ADS Duraslot Surface Drain (open cut)-
Variable Height $131.00 $13,100.00
16 70 LF
Concrete Encasement for 6-inch ADS Duraslot
Surface Drain (Includes Roadway Replacement
and Monolithic Curb)
$171.00 $11,970.00
17 30 LF
Concrete Encasement for 6-inch ADS Duraslot
Surface Drain (Includes Roadway
Replacement, but No Curb)
$149.00 $4,470.00
18 150 LF 4-inch ADS N-12 HDPE Storm Pipe (open cut)$81.00 $12,150.00
19 150 LF 4-inch Perforated HDPE Storm Pipe w/ EZFlow
Drain (open cut)$91.00 $13,650.00
20 1,000 LF 4-inch ADS Duraslot Surface Drain (open cut)-
Fixed Height $94.00 $94,000.00
21 200 LF 4-inch ADS Duraslot Surface Drain (open cut)-
Variable Height $97.00 $19,400.00
22 900 LF
Concrete Encasement for 4-inch ADS Duraslot
Surface Drain (Includes Roadway Replacement
and Monolithic Curb)
$90.00 $81,000.00
23 300 LF
Concrete Encasement for 4-inch ADS Duraslot
Surface Drain (Includes Roadway
Replacement, but No Curb)
$88.00 $26,400.00
24 50 LF 3-inch HDPE Storm Pipe (open cut)$85.00 $4,250.00
25 50 LF NDS 3-inch French Drain Storm Pipe (open cut)$84.00 $4,200.00
26 50 LF 2-inch HDPE Storm Pipe (open cut)$60.00 $3,000.00
27 50 LF
NDS 2-inch French Drain Storm Pipe (open cut)
$61.00 $3,050.00
28 50 LF NDS 3-inch Pro Series Channel Drain Storm
Pipe (open cut)$62.00 $3,100.00
29 5 EA NDS Dura-Slope 3" Ductile Iron Grate w/ UV
Inhibitor $63.00 $315.00
30 50 LF NDS 5-inch Pro Series Storm Pipe (open cut)$73.00 $3,650.00
31 5 EA NDS Dura-Slope 5" Ductile Iron Grate w/ UV
Inhibitor $75.00 $375.00
32 50 LF
NDS 8-inch Pro Series Channel Drain Storm
Pipe (open cut)$77.00 $3,850.00
33 5 EA NDS Dura-Slope 8" Ductile Iron Grate w/ UV
Inhibitor $79.00 $395.00
34 50 LF
NDS 12-inch Pro Series Channel Drain Storm
Pipe (open cut)$101.00 $5,050.00
35 5 EA NDS Dura-Slope 12" Ductile Iron Grate w/ UV
Inhibitor $600.00 $3,000.00
36 50 LF 12-inch ADS Storm Drain Pipe $115.00 $5,750.00
37 5 EA Nyoplast 12" Storm Drain Basin $750.00 $3,750.00
38 5 EA Nyoplast 12" x 6" Inline Drain $1,200.00 $6,000.00
39 5 EA Nyoplast 12" x 4" Inline Drain $1,200.00 $6,000.00
40 5 EA Nyoplast 12" Frame & Grate $1,100.00 $5,500.00
41 3 EA Nyoplast 24" Storm Drain Basin $1,400.00 $4,200.00
42 3 EA Nyoplast 24" x 6" Inline Drain $3,000.00 $9,000.00
43 3 EA Nyoplast 24" x 4" Inline Drain $3,000.00 $9,000.00
44 3 EA Nyoplast 24" Frame & Grate $2,000.00 $6,000.00
45 30 EA Connect to Inlet, all sizes $500.00 $15,000.00
SUBTOTAL ITEMS 1 thru 45 $738,175.00
A.Materials Incorporated into Work $516,722.50
B. Materials NOT Incorporated into Work $221,452.50
C. Other, Labor, etc.$738,175.00
PROPOSAL SUMMARY BID PROPOSAL
Bid Bond Received: Yes
Proposal/Unit Price Bid Schedule for the City of The Colony, Texas
Atkins Brothers Equipment Company, Inc.
CITYWIDE DRAINAGE IMPROVENTS
City of The Colony
Bid Opens: May 6, 2021
BID #69-21-10_Citywide Drainage Improvements
Page 1 of 1 89
CITY OF THE COLONY,TEXAS
RESOLUTION NO. 2021 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, REJECTING ATKINS BROTHERS EQUIPMENT
COMPANY’S BID FOR THE CITYWIDE DRAINAGE IMPROVEMENTS
PROJECT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas, solicited bids for the Citywide Drainage
Improvements project (the“Project”); and
WHEREAS,pursuant to the authority contained in Section 252.043(f) of the Texas Local
Government Code, the City Council of the City of The Colony, Texas, is authorized to reject any
and all bids.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS,THAT:
SECTION 1. The findings set forth above are incorporated into the body of this Resolution
as if fully set forth herein.
SECTION 2. TheCityCouncil of the Cityof The Colony,Texas, pursuantto the authority
contained in Section 252.043(f) of the Texas Local Government Code, find and determine it is in
the best interest of the City to reject any and all bids for theProject.
SECTION 3. The City Council of the City of The Colony, Texas, hereby authorizes City
Manager and City staff to take all actions necessary to rebid the Project in accordance with state
law.
SECTION 4. If any section, article paragraph, sentence, clause, phrase or word in this
Resolution, or application thereto any persons or circumstances is held invalid or unconstitutionalby
a Court of competent jurisdiction, such holdingshall not affectthe validityof the remainingportions
ofthisResolution;andtheCityCouncilherebydeclaresitwouldhavepassedsuchremainingportions
of this Resolution despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 5. All provisions of the resolutions of the City in conflict with the provisions of
this Resolution shall be, and are hereby, amended and repealed, and all other provisions of the
resolutions of the City not in conflict with the provisions of this Resolution shall remain in full force
and effect.
SECTION 6. This Resolution shall become effective from and after its date of passage in
accordance with law.
90
PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 1st day of June 2021.
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
TinaStewart,TRMC,CMC CitySecretary
APPROVED AS TOFORM:
Jeff Moore, CityAttorney
91
92
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: June 1, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Council shall convene into a closed executive session pursuant to Section 551.087 of the Texas Government
Code regarding commercial or financial information the city has received from a business prospect(s), and to
deliberate the offer of a financial or other incentive to a business prospect(s).
Suggested Action:
Attachments:
93
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: June 1, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Any action as a result of executive session regarding commercial or financial information the city has received
from a business prospect(s).
Suggested Action:
Attachments:
94