HomeMy WebLinkAboutCity Packets - City Council - 11/08/2023 - RegularAgenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation recognizing National Animal Shelter Appreciation week. (Mayor)
Suggested Action:
Attachments:
National Animal Shelter Appreciation Week.doc
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MAYORAL PROCLAMATION
WHEREAS,There are more than 73 million cats and 68 million dogs
living in more than 63 million households across the United States; and
WHEREAS,The irresponsibility of some pet owners has resulted in
animals running loose and unsupervised, causing a threat to public health and
safety; and
WHEREAS, Pet owners who have not had their companion animals
spayed or neutered contribute to pet overpopulation; and
WHEREAS,Animal shelters help both animals and people in many
ways: by returning lost pets to their owners, enforcing animal control laws,
rescuing injured animals, educating the public, and matching up families with
new animal companions.
NOW, THEREFORE,I, Richard Boyer, Mayor of the City of The
Colony, Texas, do hereby proclaim November 5 - 13, 2023, as a week of
celebration and recognition of:
NATIONAL ANIMAL SHELTER APPRECIATION WEEK
in recognition of The Colony Animal Services for providing compassionate
services to animals and people in our community.
Signed and Sealed this 8
th day of November, 2023.
Richard Boyer, Mayor
City of The Colony
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Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
7
Agenda Item No:1.7
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Presentation
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: November 8, 2023
Submitted by: Tina Stewart
Submitting Department: Animal Control
Item Type: Discussion
Agenda Section:
Subject:
Discuss and receive direction on The Colony Animal Services Ordinances. (Perez)
Suggested Action:
Attachments:
9
Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Joe Perez
Submitting Department: General Admin
Item Type: Discussion
Agenda Section:
Subject:
Discuss and receive input on proposed revisions to The Colony's short-term rental ordinance. (Perez)
Suggested Action:
Attachments:
The Colony - Ord - short term rental - update JP Edit - jlm rev redline - 101223.docx
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CITY OF THE COLONY, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING CHAPTER 8, ARTICLE III, ENTITLED
“HOTEL OCCUPANCY TAX” BY AMENDING SECTION 8-75,
ENTITLED “DEFINITIONS” BY ADDRESSING DEFINITIONS
CONCERNING SHORT-TERM RENTALS; AND AMENDING SECTION
8-86, ENTITLED “SHORT-TERM RENTAL FACILITY LICENSE
REQUIRED” BY REQUIRING A LICENSE, PROVIDING FOR LICENSE
APPLICATION REQUIREMENTS,PROHIBITING THE
ADVERSTISEMENT OF SPECIAL EVENTS AT SHORT-TERM RENTAL
PROPERTIES, PROVIDING PARKING RESTRICTIONS, REQUIRING A
MINIMUM STAY REQUIREMENT, PROVIDING OCCUPANCY LIMITS,
AND RELATED ISSUES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE
NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND
EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City Council of the City of The Colony, Texas, has discussed and considered
such revisions and has determined that it is in the best interest of the City of The Colony, Texas, to
amend and add various sections of Chapter 8, Article III, entitled “Hotel Occupancy Tax” to better
address the payment of Hotel Occupancy Tax by short-term rentals consistent State law.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this Ordinance
as if fully set forth herein.
SECTION 2.That the Code of Ordinances of the City of The Colony, Texas, is hereby
amended by amending Chapter 8, Article III, entitled “Hotel Occupancy Tax and Short Term
Rentals,” by amending section 8-75, which shall read as follows:
“ARTICLE III. - HOTEL OCCUPANCY TAX AND SHORT TERM RENTALS
Sec. 8-75. - Definitions.
In this article:
(1)Advertise means the act of drawing the public’s attention to a short-term rental in order
to promote the availability of the residence for use as a short-term rental. Said advertising
may be found in any medium, including but not limited to, newspaper, magazine,
brochure, website, or mobile application.
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(2)Bedroom means the living area(s) of the dwelling unit that is designed and furnished for
sleeping and which has proper egress as required by the International Residential Code.
(3)Consideration means the cost of a hotel or short-term rental room only if the room is
ordinarily used for sleeping, and does not include the cost of any food served or personal
services rendered to the room or a person in the room unless related to the cleaning and
readying of the room for occupancy.
(4)Booking Service means any reservation and/or payment service provided by a person or
Entity that facilitates a short-term rental transaction between an Owner and a prospective
Occupant, and for which the person or entity collects or receives, directly or indirectly
through an agent or intermediary, a fee in connection with the reservation and/or payment
services provided for the short-term rental transaction.
(5) Designated operator means a responsible party who can be contacted regarding immediate
concerns and complaints from the public..
(6)Hosting Platform means a person or entity that participates in the short-term rental business
by providing, and collecting or receiving a fee for, Booking Services through which an
Owner may offer premises for an occupant on a short-term basis. Hosting Platforms
usually, though not necessarily, provide Booking Services through an online
platform that allows an Owner to advertise the premises through a website provided by the Hosting
Platform and the Hosting Platform conducts a transaction by which potential occupants
arrange their use and their payment, whether the would-be occupant pays rent directly to
the Owner or to the Hosting Platform.
(7)Hotel means a building in which members of the public may obtain sleeping
accommodations for consideration. The term includes a hotel, motel, tourist home, tourist
house, tourist court, lodging house, inn, rooming house, or other building where a room is
furnished for a consideration, but does not include a hospital, sanitarium, or nursing home.
(8) Licensee shall mean a person or legal entity issued a short-term rental facility license.
(9)Occupant means any individual person living, sleeping or possessing a building, or portion
thereof. A person is not required to be paying rent, providing in-kind services, or named
in any lease, contract or other legal document to be considered an occupant.
(10) Owner shall mean an individual person, proprietorship, partnership, corporation,
association, or other legal entity.
(11) Short term rental shall mean a residential dwelling unit(s) that is rented out for
compensation on a temporary basis for a period of less than 30 consecutive days.
(12)Tourism means the guidance or management of tourists.
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(13)Tourist means an individual who travels from the individual's residence to a different
municipality, county, state, or country for pleasure, recreation, education, or culture.”
SECTION 3.That the Code of Ordinances of the City of The Colony, Texas, is hereby
amended by amending Chapter 8, Sections 8-86, entitled “Short-term rental facility license required,”
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which shall read as follows:
“Sec 8-86. - Short-term rental facility license required.
(a)It shall be unlawful to operate a short-term rental facility without a short-term rental facility
license in violation of any provision of a short-term rental facility license, this article, or
any other applicable city ordinance or other law.
(b)License application and review:
(1)To obtain a license for a short-term rental facility, a person must submit an
application on a form provided for that purpose to the city’s third-party collection
service. The application must contain the following:
(A)The name, street address, mailing address, email address, and telephone
number of the applicant, the owner, and the designated operator of the short-
term rental facility. The applicant must assign a "designated operator."
(B)If the applicant or owner is a partnership, a corporation, or limited liability
company, the application shall list the names of all partners, directors,
members, and officers, as applicable, of the applicant and the owner.
(C)A short-term rental facility license shall be valid from the date of issuance
unless otherwise suspended or revoked in accordance with section 8-87.
(c)Operation of a short-term rental facility.
(1)The licensee shall comply with the noise requirements set forth in article IX of
chapter 6 of this Code.
(2)The licensee will comply with all building, electrical, and other codes and
ordinances of the city.
(3)Advertising, promoting or allowing of special events prohibited.
It shall be unlawful for an owner or occupant to advertise or promote a special event, or
allow the advertising and promotion of a special event (e.g. banquet, wedding,
reception, reunion, bachelor or bachelorette party, concert, or any similar activity
that would assemble large numbers of invitees) to be held on the premises.
It shall be unlawful for an owner or occupant to allow, suffer or permit a banquet hall or
special event as described to be held on the premises.
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(4)Lighting.If the property is residentially zoned, all lighting must be directed toward
the establishment and not at adjacent properties.
(5)Signage.No on-premise signage shall be allowed advertising the property as a
short-term rental consistent with the code and state law.
(6) Parking restrictions. The maximum amount of motor vehicles allowed at a short-
term rental shall be limited to the number of available off-street parking spaces. It
shall be unlawful for an owner or person to permit, allow or advise occupants to
park more vehicles on the premises than the available off-street parking spaces, or
to suffer or permit parking of vehicles on an unapproved surface. It shall be
unlawful for an occupant of a short-term rental, or an owner thereof to allow an
occupant, to park or occupy
a motor home, recreational vehicle, boat, commercial vehicle, or otherwise prohibited
motor vehicle on the premises of a short-term rental or on a residential street near
a short-term rental
(7)Minimum stay required.It shall be unlawful for an owner to rent or lease a short-
term rental for a period of less than 24 hours.
(8)Physical conversion of premises prohibited.It shall be unlawful for an owner or
person to convert a garage to living space, remodel, renovate, enlarge or otherwise
modify premises to add additional bedrooms for use as a Short-term Rental except
consistent with the City’s Code of Ordinances.
(9)
It shall be unlawful for an owner or person to pave or otherwise cover pervious soil to
create additional on-premise parking without prior approval from the City, and
consistent with the City’s Code of Ordinances.
(10)Occupants. It shall be unlawful for an owner, person, or occupant to rent, allow,
provide, advertise, or occupy a property by more than two (2) persons per bedroom,
plus two (2) additional persons, when using the premises as a short-term rental.
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(11)On premise curfew.It shall be unlawful for an owner or person to allow the
congregation of occupants outside at the premises between the hours of 10:00 p.m.
and 9:00 a.m.
(12)Refuse service requirements.It shall be unlawful for an owner or occupant to place,
or allow to be placed, trash on the premises before 7:00 PM the evening prior to
scheduled pickup or on a day not scheduled for pickup by the city’sauthorized solid
waste transportation vendor and must be removed from the street or alley within 24
hours of service.
(13)Notice to occupants of short-term rentals.An owner or person operating a short-
term rental shall provide a notice of instructions (also known as “host rules”) to occupants
staying at the premises in a form developed by the City. The notice shall instruct the
occupants as to all applicable city regulations pertaining to short-term rentals. These
include, but are not limited to, occupancy restrictions, limits on parking, trash pickup,
prohibitions on special events, limits on amplified sound, and curfew times.
(14) Designated operator or responsible party contact.An owner must designate the
name and contact information of a local designated operator or responsible party
who can be contacted regarding immediate concerns and complaints from the
public.
Said individual must be available to be reached in person or by phone at all times while
occupants are on the premises of a short-term rental. If called, a local responsible
party must be able to and shall be present at the premises within one (1) hour of call
from the City. A local responsible party must be authorized to make decisions
regarding the premises and its occupants. A local responsible party may be required
to, and shall not refuse to, accept service of citation for any violations on the
premises. Acceptance of service shall not act to release owner of any liability under
this chapter.”
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SECTION 4.If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance; and the City Council hereby declares it would have passed such
remaining portions of this Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
SECTION 5.That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and
all other provisions of the Ordinances of the City not in conflict with the provisions of this
Ordinance shall remain in full force and effect.
SECTION 6.Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 7.This Ordinance shall become effective immediately upon its passage and
publication as required by law.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS day of , 2023.
Richard Boyer, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
18
Agenda Item No:3.3
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Molly Owczar
Submitting Department: Customer Services
Item Type: Discussion
Agenda Section:
Subject:
Discuss and receive direction in regards to Homeowner's Associations in The Colony seeking relief on water
utility bills due to leaks. (Owczar)
Suggested Action:
Attachments:
19
Agenda Item No:3.4
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
20
Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes from October 17, 2023. (Stewart)
Suggested Action:
Attachments:
October 17, 2023 DRAFT Minutes.docx
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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
OCTOBER 17, 2023
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 17
th day of October 2023, at City Hall, 6800 Main Street, The Colony,
Texas, with the following roll call:
Richard Boyer, Mayor
Judy Ensweiler, Councilmember
Robyn Holtz, Councilmember
Brian Wade, Mayor Pro Tem
David Terre, Councilmember
Perry Schrag, Deputy Mayor Pro Tem
Joel Marks, Councilmember
Present
Present
Present
Absent (Business)
Present
Present
Present
And with 6 councilmembers present a quorum was established and the following items were
addressed:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS
1.1 Call to Order
Mayor Boyer called the meeting to order at 6:30 p.m.
1.2 Invocation
Councilman Schrag 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
Mayor, along with Community Services Director, Jackie Kopsa, announced
information on the 25th Anniversary of The Colony’s Community Development
Corporation event and invited all to attend.
1.5.1 Receive presentation from the Library regarding upcoming events and activities.
Digital Media Librarian, Noelle Roseberry, provided upcoming events and
activities to the Council.
2.0 CITIZEN INPUT
Krista Kelley, 5520 Russell Drive, spoke on animal cruelty and suggested various
ways to address it.
22
City Council – Regular Meeting Agenda
October 17, 2023
Page| 2
Alex Eicke, 7305 Elm Street, spoke concerning animal cruelty cases.
Shannon Greer, 4624 Coney Island, read a letter on behalf of Chris Narimani,
regarding circumstances surrounding the loss of his dog.
Patti Castleberry, 1073 Cornell Drive, Carrollton, spoke concerning illegal
boarding.
Alexia Barker, 5520 Russell Drive, spoke concerning animal cruelty.
3.0 WORK SESSION
3.1 Council to provide direction to staff regarding future agenda items.
Councilmember Ensweiler requested a future agenda item to discuss animal
services ordinances.
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda with the exception of Agenda Item No 4.3
– Ensweiler; second by Marks, motion carried with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes from October
4, 2023.
4.2 Consider approving a resolution authorizing the City Manager to execute a contract
with F&F Concrete for the construction of the Five Star Maintenance Yard Road
Connector in the amount of $78,929.98.
RESOLUTION NO. 2023-074
***Item No. 4.3 was pulled from the consent agenda for separate discussion.***
4.3 Consider approving a resolution authorizing the City Manager to execute an
agreement for Construction Manager at Risk services with Steele and Freeman, Inc.
for renovation of the Trinity North building in the amount of $689,086.00 and 3.5%
of the projects guaranteed Maximum price.
Motion to approve as amended- Ensweiler; second by Marks, motion carried with all ayes.
RESOLUTION NO. 2023-075
5.0 REGULAR AGENDA ITEMS
5.1 Discuss and consider an ordinance regarding the Site Plan application of “Planet
Fitness,” an approximately 20,000 square-foot health studio within Lot 7B, Block
23
City Council – Regular Meeting Agenda
October 17, 2023
Page| 3
A, in the Colony Center Addition. The subject site is located at the northwest corner
of State Highway 121 and South Colony Boulevard within the PD-16 Zoning
District and the Gateway Overlay District.
Director of Planning, Isaac Williams, presented the proposed ordinance to
Council. Representative, Lynn Kadleck of LK Planning, LLC, answered questions
from Council.
Motion to approve – Marks; second by Holtz, motion carried with all ayes.
ORDINANCE NO. 2023- 2538
Executive Session was convened at 7:28 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
regarding 3805 Overlook Court.
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 about La Quinta Inn and Suites, 3750 Market Street, The Colony,
concerning contemplated litigation - failure to pay hotel occupancy tax and
related matters.
C. Council shall convene into a closed executive session pursuant to Sections
551.072 and 551.087 of the Texas Government Code to deliberate regarding
purchase, exchange, lease or value of real property and commercial or financial
information the city has received from a business prospect(s), and to deliberate the
offer of a financial or other incentive to a business prospect(s).
Regular Session was reconvened at 8:20 p.m.
7.0 EXECUTIVE SESSION ACTION
7.1 A. Any action as a result of executive session regarding 3805 Overlook Court.
Motion to authorize the City Attorney’s office to file and prosecute a Chapter 54 lawsuit or other
lawsuit against the owners of 3805 Overlook Court – Schrag; second by Ensweiler, motion
carried with all ayes.
B. Any action as a result of executive session regarding La Quinta Inn and Suites,
3750 Market Street, The Colony, concerning contemplated litigation -failure to pay
hotel occupancy tax and related matters.
Motion to authorize the City Attorney’s office to file and prosecute a lawsuit against La Quinta
Inn and Suites, located at 3750 Market Street, for failure to pay hotel occupancy tax and related
matters – Ensweiler; second by Schrag, motion carried with all ayes.
24
City Council – Regular Meeting Agenda
October 17, 2023
Page| 4
C. Any action as a result of executive session regarding purchase, exchange, lease
or value of real property and commercial or financial information the city has
received from a business prospect(s), and the offer of a financial or other incentive
to a business prospect(s).
No Action
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 8:22 p.m.
APPROVED:
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
_____________________________________
Tina Stewart, TRMC, CMC, City Secretary
25
Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Jason Bonds
Submitting Department: Fire
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to issue a purchase order to Rush Truck Center
in the amount of $50,016.32 for the replacement of an Assistant Fire Marshal truck. (Bonds)
Suggested Action:
Replacement of 2017 Truck that is being reassigned to the Fire Inspector. CIP account #895-670-6630-2454.
This vehicle has already been purchased by the Fire Department due to the availability we were able to get it
and due to the shortage of commercial truck chassis. The Fire Department purchased the truck October 9,
2023. While this has not been approved by council it was approved in this year’s CIP budget.
Attachments:
F-150 Quote.pdf
Res. 2023-xxx Rush Truck Center.docx
26
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29
30
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32
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34
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE
ORDER TO RUSH TRUCK CENTER, DALLAS, TX FOR THE REPLACEMENT
OF THE ASSISTANT FIRE MARSHAL TRUCK THROUGH THE TEXAS
LOCAL GOVERNMENT PURCHASING COOPERATIVE BUYBOARD; AND
PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby
authorizes the City Manager to issue a purchase order in the amount of $50,016.32 to Rush
Truck Center, Dallas, TX through the Texas Local Government Purchasing Cooperative
Buyboard.
Section 2. That the City Manager or his designee are authorized to issue said
purchase order.
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 8
th DAY OF NOVEMBER 2023.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
35
Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Jason Bonds
Submitting Department: Fire
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to issue a purchase order to Got You Covered
Uniforms in the amount of $84,000.00 for the purchase of Fire Department uniforms. (Bonds)
Suggested Action:
This will be an open purchase order for the purchase of uniforms throughout the budget year for fire department
personnel.
Attachments:
Res. 2023-xxx Got You Covered Uniforms.docx
36
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO GOT
YOU COVERED UNIFORMS FOR THE PURCHASE OF FIRE DEPARTMENT
UNIFORMS; AND PROVIDING AN EFFECTIVE DATE.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City
Manager to issue a purchase order to Got You Covered Uniforms in the amount of $84,000.00 for the
purchase of Fire Department uniforms.
Section 2. That the City Manager and/or his designee are authorized to issue said purchase
order.
Section 3.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 8TH DAY OF NOVEMBER 2023.
____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
37
Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Kimberly Thompson
Submitting Department: Police
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a contract with Flock Group
Incorporated for the purchase of ten (10) Flock Safety Falcon License Plate Reader (LPR) cameras in the
amount of $63,500.00. (Coulon/Winnett)
Suggested Action:
This is a two (2) year contract; year (1) - $33,500.00 and year (2) - $30,000.00.
Attachments:
Flock Safety Requisition.pdf
Flock Sole Source Letter.pdf
Police Tech Specs.pdf
Flock Safety Law Enforcement Agreement.docx
Res. 2023-xxx Flock Group Inc.docx
38
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39
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
Sole Source Letter for Flock Safety™ ALPR Cameras and Solution
Flock Safety is the sole manufacturer and developer of the Flock Safety ALPR Camera. Flock
Safety is also the sole provider of the comprehensive monitoring, processing, and machine
vision services which integrate with the Flock Safety ALPR Camera.
The Flock Safety ALPR camera and devices are the only Law Enforcement Grade ALPR
System to offer the following combination of proprietary features:
1. Partnerships:
○ Flock Safety is the only LPR provider to officially partner with AXON to be
natively and directly integrated into Evidence.com
○ Flock Safety is the only LPR provider to be fully integrated into a dynamic
network of Axon’s Fleet 3 mobile ALPR cameras for patrol cars and Flock
Safety’s Falcon cameras
○ Access to additional cameras purchased by our HOA and private business
partners, means an ever-increasing amount of cameras and data at no additional
cost
○ Ability to potential access additional cameras from Flock Customers, including:
Irving PD, Lewisville PD, Hickory Creek PD, Little Elm PD, Argyle PD, Northlake
PD, Garland PD, Dallas PD, Grand Praire PD, River Oaks PD, Anna PD, Prosper
PD, Plano PD, North Richland Hills PD, Richland Hills PD, Hurst PD, Bedford
PD, Arlington PD, Forney Pd, Aubrey PD, Kaufman County SO, Tarrant County
SO, Mansfield PD, Heath DPS, at no additional cost
2. Vehicle Fingerprint Technology™:
○ Patented proprietary machine vision to analyze vehicle license plate, state
recognition, and vehicle attributes such as color, type, make and objects (roof
rack, bumper stickers, etc.) based on image analytics (not car registration data)
○ Machine vision to capture and identify characteristics of vehicles with a paper
license plate and vehicles with the absence of a license plate
○ Ability to ‘Save Search’ based on description of vehicles using our patented
Vehicle Fingerprint Technology without the need for a license plate, and set up
alerts based on vehicle description
○ Only LPR provider with “Visual Search” which can transform digital images from
any source into an investigative lead by finding matching vehicles based on the
vehicle attributes in the uploaded photo
○ Falcon Flex™: an infrastructure-free, location-flexible license plate reader camera
that is easy to self install. Falcon Flex ties seamlessly into the Flock ecosystem
40
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
with a small and lightweight camera with the ability to read up to 30,000 license
plates and vehicle attributes on a single battery charge
3. Integrated Cloud-Software & Hardware Platform:
○ Ability to capture two (2+) lanes of traffic simultaneously with a single camera
from a vertical mass
○ Best in class ability to capture and process up to 30,000 vehicles per day with a
single camera powered exclusively by solar power
○ Wireless deployment of solar powered license plate reading cameras with
integrated cellular communication weighing less than 5lbs and able to be
powered solely by a solar panel of 60W or less
○ Web based footage retrieval tool with filtering capabilities such as vehicle color,
vehicle type, vehicle manufacturer, partial or full license plate, state of license
plate, and object detection
○ Utilizes motion capture to start and stop recording without the need for a
reflective plate
○ Motion detection allows for unique cases such as bicycle capture, ATV,
motorcycle, etc.
○ On device machine processing to limit LTE bandwidth consumption
○ Cloud storage of footage
○ Covert industrial design for minimizing visual pollution
4. Transparency & Ethical Product Design:
○ One-of-a-kind “Transparency Portal” public-facing dashboard that details the
policies in place by the purchaser, as well as automatically updated metrics from
the Flock system
○ Built-in integration with NCMEC to receive AMBER Alerts to find missing children
○ Privacy controls to enable certain vehicles to “opt-out” of being captured
5. Integrated Audio & Gunshot Detection:
○ Natively integrated audio detection capabilities utilizing machine learning to
recognize audio signatures typical of crimes in progress (e.g., gunshots)
6. Live Video Integration:
○ Ability to apply computer vision to third-party cameras using Wing™ LPR,
transforming them to evidence capture devices using the same Vehicle
Fingerprint technology offered on the Flock Safety Falcon™ ALPR cameras
○ Wing™ Livestream integrates live stream traffic cameras, publicly or privately
owned livestream security cameras into one cloud-based situational awareness
dashboard to increase response time in mission-critical incidents
41
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
○ Manage various government intelligence including ALPR, livestream cameras,
CAD, automatic vehicle location (AVL) on Flock Safety’s Wing™ Suite
○ Access Wing™ Replay to unlock enhanced situational awareness with 7-day
footage retention, Hot List Live Video Instant Replay, and downloadable MP4
7. Warranty & Service:
○ Lifetime maintenance and support included in subscription price
○ Flock Safety is the only fully integrated ALPR one-stop solution from production
of the camera to delivery and installation
○ Performance monitoring software to predict potential failures, obstructions, tilts,
and other critical or minor issues
Thank you,
Garrett Langley CEO, Flock Safety
42
Tech Specs
DUAL SOLAR PANELS
Solar & Existing Pole Solar & Flock Pole Electric & Existing Pole
CAMERA
POLE
License plate reading cameras that capture more
evidence for your city.
Voltage: 18-20V
Weight: 25.73 lbs (with hardware)
Length: 21.25”
Width: 28”
Mount: Pole top or side of existing pole
Length: 8.75”
Height: 5”
Width: 2.875”
Mounting: Adjustable band clamps
Weight: 3lbs
Footage: Uploads via integrated LTE
Field of View: 15’ wide, 65 distance
Assembly: Flock Safety in Atlanta, GADOT Breakaway Pole - 12’ installed height
Diameter: 2.875” OD, 2.125” ID
Material: 6061 Aluminum with black coating
Alloy: 6061
Weight: 32 lbs
INSTALL ANYWHERE
43
Flock Safety + TX - The Colony PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:
Jasmine Norton
jasmine.norton@flocksafety.com
2145425610
44
EXHIBIT A
ORDER FORM
Customer:TX - The Colony PD Initial Term:24 Months
Legal Entity Name:TX - The Colony PD Renewal Term:24 Months
Accounts Payable Email:mwinnett@thecolonytx.gov Payment Terms:Net 30
Address:6800 Main St The Colony, Texas 75056 Billing Frequency:50% of Annual Contract + 100% of Implementation Invoiced
at Signing. 25% of Annual Contract Invoiced at First Camera
Validation. 25% of Annual Contract Invoiced at Last Camera
Validation. Annual payments invoiced for remainder of
subscription term.
Retention Period:30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform
$30,000.00
Flock Safety Flock OS
FlockOS ™Included
1
Included
Flock Safety LPR Products
Flock Safety Falcon ®Included
10
Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard Implementation Fee
$350.00 10 $3,500.00
Subtotal Year 1:$33,500.00
Annual Recurring Subtotal:$30,000.00
Estimated Tax:$0.00
Contract Total:$63,500.00
45
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive
renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party
notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
46
Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $18,500.00
At First Device Installed $7,500.00
At Last Device Installed $7,500.00
Annual Recurring after Year 1 $30,000.00
Contract Total $63,500.00
*Tax not included
47
Product and Services Description
Flock Safety Platform Items Product Description Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle
Fingerprint®technology to capture vehicular attributes.
The Term shall commence upon first installation and validation of Flock
Hardware.
One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with
the Flock Safety Advanced Implementation Service Brief.
Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance
with the Flock Safety Standard Implementation Service Brief.
Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with
the Flock Safety Advanced Implementation Service Brief.
48
By executing this Order Form, Customer represents and warrants that it has read and
agrees all of the terms and conditions contained in the Terms of Service located at
https://www.flocksafety.com/terms-and-conditions/L1/
The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP, INC.Customer: TX - The Colony PD
By:\FSSignature2\By:\FSSignature1\
Name:\FSFullname2\Name:\FSFullname1\
Title:\FSTitle2\Title:\FSTitle1\
Date:\FSDateSigned2\Date:\FSDateSigned1\
PO Number:
49
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 – ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH FLOCK GROUP
INCORPORATED FOR THE PURCHASE OF TEN (10) FLOCK
SAFETY FALCON LICENSE PLATE READER (LPR)
CAMERAS; AND PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
WHEREAS, the City of The Colony, Texas, has determined that it is in the best
interest of the City to execute a two-year contract with Flock Group Incorporated for the
purchase of ten (10) Flock Safety Falcon License Plate Reader (LPR) cameras in the
amount of $63,500.00 (year 1 - $33,500.00; year 2 - $30,000.00);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS, THAT:
Section 1.The City Council of the City of The Colony authorizes the execution of
a contract with Flock Group Incorporated for the purchase of ten (1) Flock Safety Falcon
License Plate Reader (LPR) cameras in the amount of $63,500.00.
Section 2. The City Manager is hereby authorized to execute the contract for said
purchase.
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 8th DAY OF NOVEMBER 2023.
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
50
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
51
Agenda Item No:4.5
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a multiple-use agreement with the
Texas Department of Transportation allowing the installation and operation of Automated License Plate
Recognition cameras in Texas Department of Transportation Right-Of-Way." (Coulon/Winnett)
Suggested Action:
Attachments:
TXDOT 2044.pdf
Res. 2023-xxx TxDOT Right-of-Way Agreement.docx
52
Form 2044
Page 1 of 10
(Rev. 8/21) MULTIPLE USE AGREEMENT
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT made by the State of Texas by and between the Texas Department of
Transportation, hereinafter referred to as “State”, party of the first part, and
Entity Name , hereinafter called Name for Contract ,
party of the second part, is to become effective when fully executed by both parties.
WITNESSETH
WHEREAS , on the day day of month of the year , 20 XX , the governing
body for the Name for Contract
, entered into Resolution/Ordinance No. Ordinance
hereinafter identified by reference, authorizing the Name for Contract
agreement with the State; and
’s participation in this
WHEREAS , the Name for Contract
maintenance and operation of a public
has requested the State to permit the construction,
Public work to be installed
on the highway right of way, (ROADWAY Highway Name CONTROL SECTION NO. Ctrl No. ).
(General description of area including either the control number or GPS coordinates.)
shown graphically by the preliminary conceptual site plan in Exhibit “A” and being more specifically
described by metes and bounds of Exhibit “B”, which are attached and made a part hereof; and
WHEREAS , the State has indicated its willingness to approve the establishment of such facilities
and other uses conditioned that the Name for Contract will enter into agreements with the State for
the purpose of determining the respective responsibilities of the Name for Contract and the State with
reference thereto, and conditioned that such uses are in the public interest and will not damage the highway
facilities, impair safety, impede maintenance or in any way restrict the operation of the highway facility, all as
determined from engineering and traffic investigations conducted by the State.
53
Form 2044 (Rev. 8/21)
Page 2 of 10
AGREEMENT
NOW, THEREFORE , in consideration of the premises and of the mutual covenants and
agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it
is agreed as follows:
1.DESIGN AND CONSTRUCTION
Name for Contract will prepare or provide for the construction plans for the facility, and will provide
for the construction work as required by said plans at no cost to the State. Said plans shall include the
design of the access control, necessary horizontal and vertical clearances for highway structures,
adequate landscape treatment, adequate detail to ensure compliance with applicable structural design
standard s, sufficient traffic control provisions, and general layout. They shall also delineate and define
the construction responsibilities of both parties hereto. Completed plans will be submitted to State for
review and approval and when approved shall be attached to the agreement and made a part thereof
in all respects. Construction shall not commence until plans have been approved by the State. Any
future revisions or additions shall be made after prior written approval of the State. Any sidewalks,
curb ramps and other pedestrian elements to be constructed, either on site or off site, by the
Name for Contract shall be in accordance with the requirements of Title II of the Americans With
Disabilities Act (ADA) and with the Texas Accessibility Standards (TAS). Elements constructed by the
Name for Contract and found not to comply with ADA or TAS shall be corrected at the entire expense
of the Name for Contract .
2.INSPECTION
Ingress and egress shall be allowed at all times to such facility for Federal Highway Administration
personnel and State Forces and equipment when highway maintenance operations are necessary,
and for inspection purposes; and upon request, all parking or other activities for periods required for
such operations will be prohibited.
3.PARKING REGULATIONS
Parking regulations shall be established limiting parking to single u nit motor vehicles of size and
capacity no greater than prescribed for 11/2 ton trucks, such vehicles to conform in size and use t o
g overning laws. Parking shall be permitted only in marked spaces.
Parking shall be prohibited when a security threat, as determined by TxDOT, exists.
54
Form 2044 (Rev. 8/21)
Page 3 of 10
4. PROHIBITION/SIGNS
Regulations shall be established prohibiting the parking of vehicles transporting flammable or
explosive loads and prohibiting use of the area in any manner for peddling, advertising or other
purposes not in keeping with the objective of a public facility. The erection of signs other than those
required for proper use of the area will be prohibited. All signs shall be approved by the State prior to
the actual erection.
5. RESPONSIBILITIES
Timely maintenance, repair and operation of the facility shall be entirely the responsibility of the
Name for Contract . Such responsibility shall not be transferred, assigned or conveyed to
a third party without the advanced written approval of the State. These responsibilities expressly
include the timely maintenance and repair of any portion of the facility necessary to comply with the
Americans with Disabilities Act. Further, such responsibility shall include picking up trash, mowing and
otherwise keeping the facility in a clean and sanitary condition, and surveillance by police patrol to
eliminate the possible creation of a nuisance or hazard to the public. Hazardous or unreasonably
objectionable smoke, fumes, vapor or odors shall not be permitted to rise above the grade line of the
highway, nor shall the facility subject the highway to hazardous or unreasonably objectionable
d ripping, droppings or discharge of any kind, including rain or snow.
If the State determines that Name for Contract has failed to comply with these responsibilities,
it will perform the necessary work and charge Name for Contract the actual cost of the work.
6. FEES
Any fees levied for use of the facilities in the area shall be nominal and no more than are sufficient to
defray the cost of construction, maintenance and operations thereof, and shall be subject to State
approval.
A. Retention Period. The Name for Contract shall maintain all books, documents, papers,
accounting records and other evidence pertaining to fees collected and costs (hereinafter called
the Records). The Name for Contract shall make the records available during the term of
the Agreement and for four years from the date the Agreement is terminated, until completion of
all audits, or until pending litigation has been completely and fully resolved, whichever occurs last.
B. Audit Report. If fees are collected by the Name for Contract for the use of the facility
under this agreement, the Name for Contract will provide the State an annual audit report
detailing the fees collected for the use of the facility and the costs associated with constructing,
maintaining, and operating the facility within the same period. If the report shows more fees
collected than expenses for the construction, operation, or maintenance of the facili ty the
Name for Contract must provide a multiple year plan detailing how the additional revenue
will be used for construction, operation, or maintenance of the facility.
55
Form 2044 (Rev. 8/21)
Page 4 of 10
C.Availability. The State or any of its duly authorized representatives, the Federal Highway
Administration, the United States Department of Transportation, Office of Inspector General, and
the Comptroller General shall have access to the Name for Contract 's records that are
directly pertinent to this Agreement for the purpose of making audits and examinations.
7.TERMINATION UPON NOTICE
This provision is expressly made subject to the rights herein granted to both parties to terminate this
agreement upon notice, and upon the exercise of any such right by either party, all obligations herein
to make improvements to said facility shall immediately cease and terminate and
Name for Contract shall be responsible for the facility's timely removal at no cost to the State.
If the State determines that Name for Contract has failed to timely remove the facility, it will
perform the necessary work and charge Name for Contract the actual cost of the work.
8.MODIFICATION/TERMINATION OF AGREEMENT
If in the sole judgment of the State it is found at any future time that traffic conditions have so
changed that the existence or use of the facility is impeding maintenance, damaging the highway
facility, impairing safety or that the facility is not being properly operated, that it constitutes a
nuisance, is abandoned, or if for any other reason it is the State’s judgment that such facility is not in
the public interest, this agreement under which the facility was constructed may be: (1) modified if
corrective measures acceptable to both parties can be applied to eliminate the objectionable features
of the facility; or (2) terminated and the use of the area as proposed herein discontinued.
9.PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS
All structures located or constructed within the area covered by the agreement shall be fire resistant.
The storage of flammable, explosive or hazardous materials is prohibited. Operations deemed to be
a potential fire hazard shall be subject to regulation by the State.
10.RESTORATION OF AREA
The Name for Contract shall provide written notification to the State that such facility will be
discontinued for the purpose defined herein. The Name for Contract shall, within thirty (30) days
from the date of said notification, clear the area of all facilities that were its construction responsibility
under this agreement and restore the area to a condition satisfactory to the State.
11.PREVIOUS AGREEMENTS
It is understood that this agreement in no way modifies or supersedes the terms and provisions of any
existing agreements between the parties hereto.
56
Form 2044 (Rev. 8/21)
Page 5 of 10
12.I NDEMNIFICATION
THE Name for Contract WILL INDEMNIFY THE STATE AGAINST ANY AND ALL
DAMAGES AND CLAIMS FOR DAMAGES, INCLUDING THOSE RESULTING FROM INJURY
OR DEATH OF PERSONS OR FOR LOSS OF OR DAMAGE TO PROPERTY, ARISING OUT OF,
INCIDENT TO OR IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, OPERATION
OR MAINTENANCE OF THE FACILITY, WHICH INDEMNIFICATION SHALL EXTEND TO
AND INCLUDE ANY AND ALL COURT COSTS, ATTORNEY’S FEES AND EXPENSES
RELATED TO OR CONNECTED WITH ANY CLAIMS OR SUITS FOR DAMAGES AND SHALL,
IF REQUESTED IN WRITING BY THE STATE TO DO SO, ASSIST THE STATE OR RELIEVE
THE STATE FROM DEFENDING ANY SUCH SUITS BROUGHT AGAINST IT. THE
INDEMNIFICATION OF THE STATE SHALL EXTEND FOR A PERIOD OF TWO (2) YEARS
BEYOND THE DATE OF TERMINATION OF THIS AGREEMENT.
DURING EACH YEAR WHILE THERE IS ANY LIABILITY BY REASON OF THE
AGREEMENT CONTAINED IN THIS SUBSECTION OF THIS RESOLUTION, INCLUDING
THE CALENDAR YEAR 20XX , THE City Name (CITY) SHALL COMPUTE
AND ASCERTAIN THE RATE AND AMOUNT OF AD VALOREM TAX, BASED ON THE
LATEST APPROVED TAX ROLLS OF SAID ENTITY, WITH FULL ALLOWANCES BEI NG
MADE FOR TAX DELINQUENCIES AND COSTS OF TAX COLLECTION, WHICH WILL BE
SUFFICIENT TO RAISE AND PRODUCE THE MONEY REQUIRED TO PAY ANY SUMS
WHICH MAY BE OR BECOME DUE DURING ANY SUCH YEAR, IN NO INSTANCE TO BE
LESS THAN TWO (2%) PER CENT OF SUCH OBLIGATION, TOGETHER WITH INTEREST
THEREON, BECAUSE OF THE OBLIGATION HEREIN ASSUMED.
SAID RATE AND AMOUNT OF AD VALOREM TAX IS HEREBY ORDERED TO BE LEVIED
AND IS HEREBY LEVIED AGAINST ALL TAXABLE PROPERTY IN SAID ENTITY FOR
EACH YEAR WHILE ANY LIABILITY EXISTS BY REASON OF THE OBLIGATI ON
UNDE RTAKEN BY THIS SUBSECTION OF THIS RESOLUTION, AND SAID AD VALOREM
TAX SHALL BE ASSESSED AND COLLECTED EACH SUCH YEAR UNTIL ALL OF THE
OBLIGATIONS HEREIN INCURRED SHALL HAVE BEEN DISCHARGED AND ALL
LIABILITY HEREUNDER DISCHARGED.
No party to this agreement intends to waive, relinquish, limit or condition its general governmental
immunity from liability in any way.
Each party agrees and acknowledges that it is not an agent, servant, or employee of the other party
and that under this provision each party is responsible only for its own acts and for those of its
agents, servants, independent contractors or employees. Such responsibility includes, but is not
57
Form 2044 (Rev. 8/21)
Page 6 of 10
limited to any claims or amounts arising or recovered under the “Workers Compensation Law,” the Texas
Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other applicable laws or
regulations, all as time to time may be amended.
Nothing in this agreement shall be construed as creating any liability in favor of any third party
against the State and the Name for Contract . Additionally, this agreement shall not ever be
construed as relieving any third party from any liability against the State. Furthermore, the
Name for Contract shall become fully subrogated to the State's rights of recovery and shall be
entitled to maintain any action over and against any third party who may be liable for damages. The
State agrees to execute and deliver instruments and papers and to otherwise do that which is
necessary to secure such rights.
13. INSURANCE
The Name for Contract , shall provide necessary safeguards to protect the public on State
maintained highways including adequate insurance for payment of any damages which might result
during the construction, maintenance, repair and operation of the facility.
shall include TxDOT as an additional insured by endorsement in
Name for Contract
Name for Contract 's
commercial general liability insurance policy. Prior to beginning work on the State's right of way, the
Name for Contract 's construction contractor shall submit to the State a completed insurance
form (TxDOT Form No. 1560) or appropriate certificate of self -insurance and shall maintain the
required coverage during the construction of the facility.
14. USE OF RIGHT OF WAY
It is understood that the State by execution of this agreement does not impair or relinquish the State’s
right to use such land for highway purposes when it is required for the construction or re-construction
of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be
construed as abandonment by the State of such land acquired for highway purposes, and the State
does not purport to grant any interest in the land described herein but merely consents to such use to
the extent its authority and title permits.
15. ADDITIONAL CONSENT REQUIRED
The State asserts only that it has sufficient title for highway purposes. The Name for Contract
shall be responsible for obtaining such additional consent, permits or agreement as may be
necessary due to this agreement. This includes, but is not limited to, appropriate permits and
clearances for environmental, ADA and public utilities.
16. FHWA ADDITIONAL REQUIREMENTS
If the Facility is located on the Federal -Aid Highway System, “ATTACHMENT A”, which states
additional requirements as set forth in the Federal Highway Administration’s Title 23, Code of Federal
Regulations, § 710, shall be attached to and become a part of this agreement.
58
Form 2044 (Rev. 8/21)
Page 7 of 10
17. CIVIL RIGHTS ASSURANCES
The Name for Contract , for itself, its personal representatives, successors and int erests and
assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running
with the land that: (1) no persons, on the grounds of race, color, sex, age, national origin, religion or
disabling condition, shall be excluded f rom participation in, be denied the benefits of, or be otherwise
subjected to discrimination in the use of said facility; (2) that in the construction of any improvements
on, over or under such land and the furnishing of services thereon, no person on the ground of race,
color, sex, age, national origin, religion or disabling condition, shall be excluded from participation in,
denied the benefits of, or otherwise be subjected to discrimination; (3) that the
Name for Contract shall use the premises in compliance with all other requirements imposed by
or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Non-discrimination in Federally-Assisted programs of the Department of
Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may
be amended.
That if in the event of any breach of the above non-discrimination covenants, the State shall have the
right to terminate the agreement and reenter and repossess said land and the facilities thereon, and
hold the same as if said agreement had never been made or issued.
18. AMENDMENTS
Any changes in the time frame, character or responsibilities of the parties hereto shall be enacted by
a written amendment executed by both parties hereto.
19. LEGAL CONSTRUCTION
In case one or more of the provisions contained in this agreement shall for any reason be held
invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability s hall not
affect any provision hereof and this agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained in this agreement.
20. AUDIT
The State may conduct an audit or investigation of any aspect of this agreement. The
Name for Contract must provide the State with access to any information the State considers
relevant to the investigation or audit. The audit can include, but is not limited to, any contract for
construction or maintenance of any facility or structure authorized by this agreement or any
contract to provide a service to the Name for Contract
agreement.
if that service is authorized by this
59
Form 2044 (Rev. 8/21)
Page 8 of 10
21. AUTHORITY OF STATE AUDITOR
The state auditor may conduct an audit or investigation of any entity receiving funds from the state
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
funds directly under the contract or indirectly through a sub contract under this contract acts as
acceptance of the authority of the state auditor, under the direction of the legislative audit committee,
to conduct an audit or investigation in connection with those funds. An entity that is the subject of an
audit or investigation must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit.
22. NOTICES
All notices required under this agreement shall be mailed or hand delivered to the following
respective addresses:
STATE (Name of other party)
(Mailing Address) (Mailing Address)
Texas Department of Transportation
Maintenance Division
125 East 11th Street
Austin, Texas 78701-2483
Address Name
Address Name
Address Road/Street/Hwy
Address City/State/Zip
23. TIMELY PAYMENT
When required by any provision of this agreement requires a payment to be made to the State, the
other party hereto shall within thirty (30) days from receipt of the State's written notification pay the
State for the full cost of repairing any damages to the highway facility which may result from the other
party's construction, maintenance, repair or operation of the facility.
24. WARRANTS
The signatories to this agreement warrant that each has the authority to enter into this agreement on
behalf of the party represented.
List of Attached Exhibits:
Exhibit A - General Layout
Exhibit B - Metes and Bounds Description
Exhibit C - Approved Construction Plans
Exhibit D - Certificate of Insurance (TxDOT Form 1560)
Exhibit E - Attachment A (FHWA Additional Requirements)
60
Form 2044 (Rev. 8/21)
Page 9 of 10
IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the
State on the
on the
day of
day of
, 20 .
, 20 , and the
(Name of other party)
By:
Signature
STATE OF TEXAS
Executed and approved for the Texas
Transportation Commission for the purpose and
effect of activating and/or carrying out the orders,
and established policies or work programs
heretofore approved and authorized by the Texas
Transportation Commission.
By:
Printed Name Director, Maintenance Division
Title Printed Name
Agency Date
APPROVAL RECOMMENDED:
Contact Office and Telephone No.
District Engineer
Printed Name
Date
61
Form 2044 (Rev. 8/21)
Page 10 of 10
ATTACHMENT A
Inasmuch as this project is on the Federal-Aid highway system, the following additional requirements as
applicable with the Federal Highway Administration’s Title 23, Code of Federal Regulations, § 710.105.
1. Any significant revision in the design or construction of the facility shall receive prior approval by the
Texas Department of Transportation subject to concurrency by the FHWA.
2. Any change in the authorized use of real property interest shall receive prior approval by the Texas
Department of Transportation subject to concurrence by the FHWA.
3. Real property interest shall not be transferred, assigned or conveyed to another party without prior
Texas Department of Transportation approval subject to concurrence by the FHWA.
4. This agreement will be revocable in the event that the real property interest facility ceases to be used
or is abandoned.
EXHIBIT E
62
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE A MULTIPLE-USE AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORATION ALLOWING THE
INSTALLATION AND OPERATION OF AUTOMATED LICENSE PLATE
RECOGNITION CAMERAS IN TEXAS DEPARTMENT OF
TRANSPORTATION RIGHT-OF-WAY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony has determined
the addition of Automatic License Plate Recognition (ALPR) Cameras will increase
public safety and aid the Police Department in its crime prevention efforts and
strategies; and
WHEREAS,the City Council desires to engage with the Texas
Department of Transportation (TxDOT) and asks that Flock safety be allowed to
place ALPR Cameras in TxDOT right-of-way on behalf of the City of The Colony;
and
WHEREAS,the City Council finds it to be in the public interest to
authorize the City Manager to sign a Multiple-Use Agreement with TxDOT.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT:
Section 1. The City Council hereby authorizes the City Manager to
enter into a Multiple-Use Agreement with TxDOT for the installation and operation
of ALPR Cameras in TxDOT right-of-way.
Section 2. That this resolution shall take effect immediately from and
after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THIS THE 8
th DAY OF NOVEMBER 2023.
________________________________
Richard Boyer, Mayor
City of The Colony, Texas
63
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
64
Agenda Item No:4.6
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Kimberly Thompson
Submitting Department: Facilities Maintenance
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to accept a proposal from Next Gen Construction
in the amount of $103,800.00 for the reroofing of the City Hall Annex building. (Blythe)
Suggested Action:
Attachments:
Next Gen Proposal - Annex Roof - signed 10-6-23.pdf
2899_001.pdf
Res. 2023-xxx Next Gen Construction Bid.docx
65
66
67
68
69
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 – ________
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING
THE CITY MANAGER TO ACCEPT THE PROPOSAL FROM NEXT GEN
CONSTRUCTION FOR THE REROOFING OF THE CITY HALL ANNEX
BUILDING; 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 accept a proposal from Next Gen Construction, in the amount of
$103,800.00 for the reroofing of the City Hall Annex building.
Section 2. That the City Manager or his designee is authorized to accept the proposal.
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 THE 8th DAY OF NOVEMBER 2023.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
70
Agenda Item No:4.7
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Tina Stewart
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to issue a purchase order to PVS Technologies in
the amount of $75,000.00 for the purchase of Ferric Chloride Solution for the treatment of waste water. (Whitt)
Suggested Action:
Two suppliers of bulk Ferrric Chloride Solution Pencco at $2.77 per gal and PVS Technologies at $2.205 per
gallon.
Attachments:
Ferric Chloride Solution PO.pdf
Res. 2023-xxx PVS Technologies.docx
71
72
73
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76
77
78
79
80
81
82
83
84
85
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO PVS
TECHNOLOGIES FOR THE PURCHASE OF FERRIC CHLORIDE SOLUTION FOR
THE TREATMENT OF WASTE WATER; AND PROVIDING AN EFFECTIVE DATE.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City
Manager to issue a purchase order to PVS Technologies in the amount of $75,000.00 for the purchase
of Ferric Chloride Solution for the treatment of waste water.
Section 2. That the City Manager and/or his designee are authorized to issue said purchase
order.
Section 3.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 8TH DAY OF NOVEMBER 2023.
____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
86
Agenda Item No:4.8
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Tina Stewart
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to issue a purchase order to Polydyne Inc. in the
amount of $75,000.00 for the purchase of Clarifloc for the treatment of waste water. (Whitt)
Suggested Action:
Attachments:
Polydyne Inc. PO.pdf
Res. 2023-xxx Polydyne Inc..docx
87
88
89
90
91
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO
POLYDYNE INC. FOR THE PURCHASE OF CLARIFLOC FOR THE TREATMENT OF
WASTE WATER; AND PROVIDING AN EFFECTIVE DATE.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City
Manager to issue a purchase order to Polydyne Inc. in the amount of $75,000.00 for the purchase of
Clarifloc for the treatment of waste water.
Section 2. That the City Manager and/or his designee are authorized to issue said purchase
order.
Section 3.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 8TH DAY OF NOVEMBER 2023.
____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
92
Agenda Item No:4.9
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Tina Stewart
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to issue a purchase order to NRC Gulf
Environmental in the amount of $100,000.00 for sludge hauling services for the treatment of waste water.
(Whitt)
Suggested Action:
Attachments:
NRC Gulf Environmental PO.pdf
Res. 2023-xxx NRC Gulf Environmental.docx
93
94
95
96
97
98
99
100
101
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO NRC
GULF ENVIRONMENTAL FOR SLUDGE HAULING SERVICES FOR THE
TREATMENT OF WASTE WATER; AND PROVIDING AN EFFECTIVE DATE.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City
Manager to issue a purchase order to NRC Gulf Environmental in the amount of $100,000.00 for
sludge hauling services for the treatment of waste water.
Section 2. That the City Manager and/or his designee are authorized to issue said purchase
order.
Section 3.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 8TH DAY OF NOVEMBER 2023.
____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
102
Agenda Item No:4.10
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Tina Stewart
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to issue a purchase order to US Peroxide, LLC in
the amount of $177,000.00 for the purchase of Hydrogen Peroxide for the treatment of waste water. (Whitt)
Suggested Action:
The city has an agreement with US Peroxide, LLC to operate and make needed adjustments to the dosage of
Hydrogen Peroxide to the odor control system at the Austin Ranch lift station, that agreement includes US
Peroxide, LLC supplying Hydrogen Peroxide for quality control .
Attachments:
US Peroxide, LLC. PO.pdf
Res. 2023-xxx US Peroxide LLC.docx
103
104
105
106
107
108
109
110
111
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO US
PEROXIDE, LLC FOR THE PURCHASE OF HYDROGEN PEROXIDE FOR THE
TREATMENT OF WASTE WATER; AND PROVIDING AN EFFECTIVE DATE.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City
Manager to issue a purchase order to US Peroxide, LLC in the amount of $177,000.00 for the purchase
of Hydrogen Peroxide for the treatment of waste water.
Section 2. That the City Manager and/or his designee are authorized to issue said purchase
order.
Section 3.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 8TH DAY OF NOVEMBER 2023.
____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
112
Agenda Item No:4.11
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Tina Stewart
Submitting Department: General Admin
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute the submission of a grant application
to the Office of the Governor for Axon Body Worn Cameras - Grant Number 4791601. (Beene)
Suggested Action:
Attachments:
Res. 2023-xxx Axon Body Worn Camera Grant Request.docx
113
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS, APPROVING A GRANT REQUEST FOR AXON BODY WORN
CAMERA GRANT - GRANT NUMBER 4791601 THROUGH THE GOVERNOR’S
PUBLIC SAFETY OFFICE; DESIGNATION OF THE NAME AND/OR TITLE OF
AN AUTHORIZED OFFICIAL DURING THE GRANT PERIOD; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS THAT:
WHEREAS,the City of The Colony, Texas, finds it in the best interest of the citizens of
The Colony that the body worn camera be operated for 2023-2024; and
WHEREAS,the City of The Colony agrees to provide applicable matching funds for said
project as required by the body worn camera grant application; and
WHEREAS, the City of The Colony agrees that in the event of loss or misuse of the Office
of the Governor funds, the City of The Colony assures that the funds will be returned to the Office
of the Governor in full.
WHEREAS,the City of The Colony designates KATELYN WIGHT as the grantee’s
authorized official. The authorized official is given the power to apply for, accept, reject, alter or
terminate the grant on behalf of the applicant agency.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, APPROVES SUBMISSION OF THE GRANT
APPLICATION FOR THE BODY WORN CAMERAS TO THE OFFICE OF THE
GOVENOR.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, THIS THE 8
TH DAY OF NOVEMBER 2023.
________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
114
APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
115
Agenda Item No:4.12
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Jackie Kopsa
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute Supplemental Agreement No. 1 to
lease DACW63-1-08-0613 with the US Army Corps of Engineers expanding the lease area at Wynnewood Park
to include area for future marina site. (Kopsa)
Suggested Action:
Attachments:
Supplemental Agreement No. 1
Res. 2023-xxx US Corps of Engineers for expansion of marina site.docx
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE DACW63-
1-08-0613 WITH THE U.S. ARMY CORPS OF ENGINEERS EXPANDING
THE LEASE AREA AT WYNNEWOOD PARK TO INCLUDE AREA FOR
FUTURE MARINA SITE; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE
WHEREAS, the City has determined that it is in the best interest of the City to enter into
Supplemental Agreement No. 1 to lease DACW63-1-08-0613 with the United States Army Corps
of Engineers – Fort Worth Division, expanding the lease area at Wynnewood Park to include area
for future marina site.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
Section 1.That the City Council for the City of The Colony, Texas, does hereby approve
the Supplemental Agreement No. 1 to lease DACQ63-1-08-0613 with the United States Army
Corps of Engineers –Fort Worth Division, expanding the lease area at Wynnewood Park to include
area for future marina site and authorizes the City Manager to execute said Agreement on behalf
of the City of The Colony, Texas.
Section 2.That this Resolution shall take effect immediately from and after its adoption
and it is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 8TH DAY OF NOVEMBER 2023.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
144
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
145
Exhibit A
Supplemental Agreement No. 1
146
Agenda Item No:4.13
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Calvin Lehmann
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in
the amount of $544,510.00 with Stoic Civil Construction, Inc for the Stewart Creek Park Shoreline Protection &
Enhancement Project. (Lehmann)
Suggested Action:
Attachments:
Stewart Creek Park Bid Tab.pdf
Letter of Recommendation - Stoic.pdf
Res. 2023-xxx Stoic Civil Construction Inc. Construction Services Contract.docx
147
148
149
150
151
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _______
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 STOIC CIVIL CONSTRUCTION, INC. FOR
THE STEWART CREEK PARK SHORELINE PROTECTION &
ENHANCEMENT 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 Stoic Civil Construction Inc. for the Stewart Creek Park Shoreline Protection &
Enhancement 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 hereby awards a bid to
Stoic Civil Construction Inc. in the amount of $544,510.00 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 8TH DAY OF NOVEMBER 2023.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
152
Agenda Item No:4.14
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
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 $ 489,250.00 with JR West Texas Concrete, LLC. for the Bridge Culvert Repair at Paige Road
and Memorial Drive. (Hartline)
Suggested Action:
Background:
City Council approved funding for the Bridge Culvert Repair at Paige Road and Memorial Drive in the 2022-2023
budget.
The southern barrel of the precast bridge culvert at the intersection of Paige Road and Memorial Drive is
experiencing settlement near the downstream exit which has caused distress in the adjacent wing wall. There
are also noticeable impacts to the wing wall, sidewalk, riprap, parapet wall and hand rail at the northwest corner
of this existing bridge culvert. Additionally, many of the precast culvert joints have significant joint material loss
and need repairing.
The project bids were opened on October 12, 2023 and the low bidder was JR West Texas Concrete, LLC. at a
cost of $ 489,250.00. Walter P. Moore and Associates, Inc., the Project Design Engineer, received positive
feedback from representatives that have previously worked with the contractor including the City of Burleson,
City of Watauga and City of Keene. Walter P. Moore and Associates, Inc. recommends approval of the contract
with this company. See attached Engineering Recommendation letter for additional information.
With approval, the project is anticipated to start construction in December 2023 with an estimated completion in
June 2024.
Attachments:
Location Map
Certified Bid Tabulation
Engineering Recommendation Letter
Existing Condition Photos
Financial Summary
Res. 2023-xxx JR West Texas Concrete, LLC Construction Services Contract.docx
153
S H 1 2 1
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Pa
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S o u t h C olo n y
B
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Arbor Glen
Worley
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C
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Apache
Durango
Cougar Alley N e b r a s k a F u r n it u r e M a rt
Bargain
Destination
Alta O ak s
Phoenix
A m h u r st
Haw se Liberty
C
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C r e s c e n t
Sundance
Fallwater
KADIN
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E X I T M a i n S t / J o s e y L n
W I L T S H I R E
Blue GlenAsh Glen
E X I T S p ri n g C r e e k
JOSEPH
E X IT N F M / S o u t h C olo n y
Evans
Branch Hollow
Grandscape
Longhorn
Cascades
T
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µLocation MapBridge Culvert Repair at Paige Road and Memorial Drive
Bridge Culvert Repair at Paige Road and Memorial Drive
154
City of The Colony - Bridge Culvert Repair at Paige Rd. and Memorial Dr.
JR WEST TEXAS
CONCRETE, LLC
F&F CONCRETE,
LLC STOIC CIVIL JBM EXCAVATION,
LLC
TALBERT
COMPANIES
CAPKO
CONCRETE
STRUCTURES
LLC
IBCTX, LLC JAGOE PUBLIC
COMPANY
MACIAS
SPECIALITY
CONTRACTING,
LLC
TOTAL BID $489,250.00 $518,000.00 $560,420.00 $582,200.00 $623,030.00 $632,000.00 $803,650.00 $1,233,475.00
Addenda Yes Yes Yes Yes Yes Yes Yes Yes
Bid Bond Yes Yes Yes Yes Yes Yes Yes Yes
Bids Certified by:
BID #69-23-12
BID SUMMARY
City of The Colony Project Manager: Robert Kotasek
Walter P Moore Project Manager: Ernest Fields, PE
Bid Opening: October 12, 2023
155
Project:
Date:
Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost
1 1 LS Construction Staking, work fully performed, complete in place $3,000.00 $3,000.00 $7,500.00 $7,500.00 $2,000.00 $2,000.00 $5,000.00 $5,000.00 $30,000.00 $30,000.00 $3,000.00 $3,000.00 $50,000.00 $50,000.00 $25,000.00 $25,000.00
2 1 LS
Erosion Control, implemented and maintained, including preparation of
Notice of Intent and Notice of Termination, work fully performed,
complete in place $3,500.00 $3,500.00 $10,000.00 $10,000.00 $6,000.00 $6,000.00 $10,000.00 $10,000.00 $25,000.00 $25,000.00 $10,000.00 $10,000.00 $25,000.00 $25,000.00 $65,000.00 $65,000.00
3 1300 LF Silt Fence, furnish and install complete in place $6.00 $7,800.00 $15.00 $19,500.00 $3.00 $3,900.00 $10.00 $13,000.00 $6.00 $7,800.00 $4.00 $5,200.00 $10.00 $13,000.00 $10.00 $13,000.00
4 1 EA
Rock Check Dam, furnish and install work fully performed, complete in
place $500.00 $500.00 $300.00 $300.00 $4,000.00 $4,000.00 $2,500.00 $2,500.00 $5,000.00 $5,000.00 $3,000.00 $3,000.00 $7,500.00 $7,500.00 $15,000.00 $15,000.00
5 1 EA
Stabilized Construction Entrance, furnish and install, work fully
performed, complete in place $1,000.00 $1,000.00 $2,000.00 $2,000.00 $4,000.00 $4,000.00 $2,000.00 $2,000.00 $5,000.00 $5,000.00 $4,000.00 $4,000.00 $7,500.00 $7,500.00 $15,000.00 $15,000.00
6 1 EA
Inlet Protection, furnish and install, work fully performed, complete in
place $1,000.00 $1,000.00 $300.00 $300.00 $300.00 $300.00 $2,000.00 $2,000.00 $2,500.00 $2,500.00 $200.00 $200.00 $600.00 $600.00 $650.00 $650.00
7 1 LS
Mobilization and General Site Preparation, work fully performed,
complete in place $30,000.00 $30,000.00 $7,500.00 $7,500.00 $54,000.00 $54,000.00 $40,000.00 $40,000.00 $10,000.00 $10,000.00 $60,000.00 $60,000.00 $79,000.00 $79,000.00 $310,000.00 $310,000.00
8 1 LS Traffic Control, work fully performed, complete in place $3,500.00 $3,500.00 $8,000.00 $8,000.00 $11,000.00 $11,000.00 $15,000.00 $15,000.00 $10,000.00 $10,000.00 $15,000.00 $15,000.00 $50,000.00 $50,000.00 $75,000.00 $75,000.00
9 1100 SY Clearing and Grubbing, work fully performed, complete in place $5.00 $5,500.00 $13.50 $14,850.00 $4.00 $4,400.00 $10.00 $11,000.00 $5.00 $5,500.00
$32.00
$35,200.00 $20.00 $22,000.00 $7.50 $8,250.00
10 2 EA Tree Protection, work fully performed, complete in place $100.00 $200.00 $400.00 $800.00 $400.00 $800.00 $500.00 $1,000.00 $5,000.00 $10,000.00 $500.00 $1,000.00 $2,000.00 $4,000.00 $750.00 $1,500.00
11 330 CY Excavation, work fully performed, complete in place $30.00 $9,900.00 $65.00 $21,450.00 $50.00 $16,500.00 $50.00 $16,500.00 $50.00 $16,500.00 $50.00 $16,500.00 $25.00 $8,250.00 $75.00 $24,750.00
12 310 CY
Site Excavated Fill, furnish and install, work fully performed, complete
in place $40.00 $12,400.00 $85.00 $26,350.00 $69.00 $21,390.00 $50.00 $15,500.00 $100.00 $31,000.00 $80.00 $24,800.00 $50.00 $15,500.00 $50.00 $15,500.00
13 350 SY Rock Riprap, work fully performed, construct complete in place $60.00 $21,000.00 $150.00 $52,500.00 $100.00 $35,000.00 $200.00 $70,000.00 $300.00 $105,000.00 $190.00 $66,500.00 $250.00 $87,500.00 $300.00 $105,000.00
14 150 SY
Additional Rock Riprap, work fully performed, construct complete in
place $60.00 $9,000.00 $150.00 $22,500.00 $100.00 $15,000.00 $200.00 $30,000.00 $300.00 $45,000.00 $190.00 $28,500.00 $200.00 $30,000.00 $325.00 $48,750.00
15 150 SY Sod, work fully performed, construct complete in place $10.00 $1,500.00 $32.00 $4,800.00 $20.00 $3,000.00 $18.00 $2,700.00 $15.00 $2,250.00 $80.00 $12,000.00 $40.00 $6,000.00 $10.00 $1,500.00
16 55 LF
Remove and Replace Concrete Curb, work fully performed, construct
complete in place $60.00 $3,300.00 $50.00 $2,750.00 $125.00 $6,875.00 $80.00 $4,400.00 $15.00 $825.00 $150.00 $8,250.00 $150.00 $8,250.00 $25.00 $1,375.00
17 110 SY
Remove and Replace Concrete Sidewalk, work fully performed,
construct complete in place $140.00 $15,400.00 $90.00 $9,900.00 $275.00 $30,250.00 $90.00 $9,900.00 $65.00 $7,150.00 $180.00 $19,800.00 $200.00 $22,000.00 $95.00 $10,450.00
18 100 LF New Steel Fence, work fully performed, construct complete in place $50.00 $5,000.00 $250.00 $25,000.00 $175.00 $17,500.00 $90.00 $9,000.00 $100.00 $10,000.00 $250.00 $25,000.00 $400.00 $40,000.00 $315.00 $31,500.00
19 1 LS Potholing, work fully performed, construct complete in place $1,500.00 $1,500.00 $5,000.00 $5,000.00 $4,000.00 $4,000.00 $2,000.00 $2,000.00 $3,000.00 $3,000.00 $5,000.00 $5,000.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00
20 1 LS
Level A SUE on Gas Line, work fully performed, construct complete in
place $5,000.00 $5,000.00 $10,000.00 $10,000.00 $12,000.00 $12,000.00 $2,000.00 $2,000.00 $35,000.00 $35,000.00 $1,000.00 $1,000.00 $30,000.00 $30,000.00 $10,000.00 $10,000.00
21 20 CY
Remove and Replace Parallel Wingwall, furnish and install, work fully
performed, complete in place $2,500.00 $50,000.00 $2,500.00 $50,000.00 $2,200.00 $44,000.00 $3,000.00 $60,000.00 $500.00 $10,000.00 $2,000.00 $40,000.00 $1,300.00 $26,000.00 $2,250.00 $45,000.00
22 10 SY
Remove and Replace Concrete Road Pavement, furnish and install,
work fully performed, complete in place $150.00 $1,500.00 $175.00 $1,750.00 $350.00 $3,500.00 $200.00 $2,000.00 $148.00 $1,480.00 $620.00 $6,200.00 $800.00 $8,000.00 $850.00 $8,500.00
23 1 EA
Remove and Replace Storm Inlet, furnish and install, work fully
performed, complete in place $13,000.00 $13,000.00 $6,500.00 $6,500.00 $8,600.00 $8,600.00 $12,000.00 $12,000.00 $7,000.00 $7,000.00 $15,000.00 $15,000.00 $8,000.00 $8,000.00 $25,000.00 $25,000.00
24 60 CY
Remove Existing Flared Wingwall, furnish and install, work fully
performed, complete in place $20.00 $1,200.00 $500.00 $30,000.00 $115.00 $6,900.00 $200.00 $12,000.00 $60.00 $3,600.00 $300.00 $18,000.00 $80.00 $4,800.00 $250.00 $15,000.00
25 60 CY
New Custom Flared Wingwall, furnish and install, work fully
performed, complete in place $2,000.00 $120,000.00 $1,100.00 $66,000.00 $1,550.00 $93,000.00 $2,500.00 $150,000.00 $500.00 $30,000.00 $1,000.00 $60,000.00 $1,300.00 $78,000.00 $1,500.00 $90,000.00
26 15 CY
Remove Concrete Headwall, furnish and install, work fully performed,
complete in place $50.00 $750.00 $500.00 $7,500.00 $800.00 $12,000.00 $300.00 $4,500.00 $75.00 $1,125.00 $300.00 $4,500.00 $150.00 $2,250.00 $250.00 $3,750.00
27 15 CY
Replace Concrete Headwall, furnish and install, work fully performed,
complete in place $2,000.00 $30,000.00 $1,100.00 $16,500.00 $2,800.00 $42,000.00 $2,000.00 $30,000.00 $500.00 $7,500.00 $2,000.00 $30,000.00 $1,300.00 $19,500.00 $1,500.00 $22,500.00
28 100 LF
Remove Existing Metal Guard Rail, furnish and install, work fully
performed, complete in place $10.00 $1,000.00 $25.00 $2,500.00 $10.00 $1,000.00 $10.00 $1,000.00 $500.00 $50,000.00 $20.00 $2,000.00 $20.00 $2,000.00 $100.00 $10,000.00
29 1 LS
Reuse Existing Metal Guard Rail, furnish and install, work fully
performed, complete in place $2,800.00 $2,800.00 $6,000.00 $6,000.00 $3,500.00 $3,500.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $3,850.00 $3,850.00 $6,000.00 $6,000.00 $3,500.00 $3,500.00
30 15 CY
Moment Slab, furnish and install, work fully performed, complete in
place $2,000.00 $30,000.00 $1,100.00 $16,500.00 $2,275.00 $34,125.00 $800.00 $12,000.00 $750.00 $11,250.00 $1,500.00 $22,500.00 $1,300.00 $19,500.00 $1,500.00 $22,500.00
31 90 SF
Concrete Repair at Box Culverts, furnish and install, work fully
performed, complete in place $100.00 $9,000.00 $25.00 $2,250.00 $122.00 $10,980.00 $30.00 $2,700.00 $45.00 $4,050.00 $100.00 $9,000.00 $200.00 $18,000.00 $400.00 $36,000.00
32 15 CY
Concrete Apron, furnish and install, work fully performed, complete in
place $2,000.00 $30,000.00 $900.00 $13,500.00 $1,100.00 $16,500.00 $500.00 $7,500.00 $900.00 $13,500.00 $1,800.00 $27,000.00 $1,300.00 $19,500.00 $2,500.00 $37,500.00
33 40 CY
Additional Concrete, furnish and install, work fully performed, complete
in place $1,200.00 $48,000.00 $700.00 $28,000.00 $500.00 $20,000.00 $500.00 $20,000.00 $900.00 $36,000.00 $250.00 $10,000.00 $1,000.00 $40,000.00 $2,500.00 $100,000.00
34 80 EA
Efflorescence Cleaning at Box Culvert Joints, furnish and install,
work fully performed, complete in place $150.00 $12,000.00 $250.00 $20,000.00 $155.00 $12,400.00 $50.00 $4,000.00 $1,000.00 $80,000.00 $500.00 $40,000.00 $450.00 $36,000.00 $400.00 $32,000.00
$489,250.00 $518,000.00 $560,420.00 $582,200.00 $623,030.00 $632,000.00 $803,650.00 $1,233,475.00 $0.00
Item No.
10/18/2023
Total Quantity Unit Description
COMPANY
JBM EXCAVATION, LLC
COMPANY
JR WEST TEXAS CONCRETE,
LLC
COMPANY
F&F CONCRETE, LLC
TOTAL
BID TABULATION - BID #69-23-12
COMPANY COMPANY
CAPKO CONCRETE
STRUCTURES LLC IBCTX, LLC
Bridge Culvert Repair at Paige Rd. and Memorial Dr.
COMPANY
MACIAS SPECIALITY
CONTRACTING, LLC
COMPANY
STOIC CIVIL
COMPANY
TALBERT COMPANIES
COMPANY
JAGOE PUBLIC COMPANY
156
214.740.6200 main
500 North Akard, Suite 2300 · Dallas, Texas 75201
October 24, 2023
TO: Mr. Ron Hartline, PE
Director of Engineering
6800 Main Street
The Colony, TX 75056
RE: Bridge Culvert Repair at Paige Rd. and Memorial Dr. – The Colony, Texas
City of the Colony Bid #69-23-12
Walter P. Moore and Associates Project No M04.22012.00
Recommendation of Award
Dear Mr. Hartline:
We have reviewed the final bids from each contractor for the above referenced project. There were 8
responsive bids ranging from $489,250 to $1,233,475. There was one bid submitted by Macias Specialty
Contracting, LLC that didn’t include the bid form which we are referring to as a non-responsive bid. We
have performed a tabulation of the bids. We did identify math errors in the Stoic Civil Construction bid
and the Talbert Companies bid, but the errors do not affect the bid results.
Final Checked Bid
JR West Texas Concrete, LLC $ 489,250
F&F Concrete, LLC $ 518,000
Stoic Civil Construction, Inc. $ 560,420
JBM Excavation, LLC $ 582,200
Talbert Companies, LLC $ 623,030
Capko Concrete Structures, LLC $ 632,000
IBCTX, LLC $ 803,650
Jagoe Public Company $ 1,233,475
Macias Specialty Contracting, LLC Nonresponsive
The low bidder is JR West Texas Concrete, LLC (JR West) with a bid that was slightly lower than our final
Engineer’s Estimate of Probable Cost of $498,000.
We contacted Charles Howard with JR West and he promptly provided a list of similar projects with
references. We contacted a number of the references and visited with City representatives from Burleson,
Watauga, and Keene. All had positive feedback regarding the JR West, particularly relating to Charles
Howard, the proposed project manager from JR West for this project. Representatives from Watauga and
Keene both said their projects went smoothly without incident. The Burleson representative indicated
that there were issues on their project with a Utility Subconsultant and with some gaps in the design
drawings. He indicated that Charles Howard handled these issues quickly and professionally. All three city
representatives stated that they would be happy to work with JR West again on future projects.
157
October 24, 2023
City of The Colony - Bridge Culvert Repair at Paige Rd. and Memorial Dr
M04.22012.00
Page 2 of 2
We recommend that the City accept the bid and award the contract to JR West Texas Concrete, LLC. If you
have any questions, please don’t hesitate to contact us at 214.740.6200.
Sincerely,
Walter P. Moore and Associates, Inc.
Ernest L. Fields, P.E.
Senior Principal
158
Existing Bridge Culvert at Paige Road and Memorial Drive
159
Existing Bridge Culvert at Paige Road and Memorial Drive
160
Existing Bridge Culvert at Paige Road and Memorial Drive
161
Existing Bridge Culvert at Paige Road and Memorial Drive
162
Existing Bridge Culvert at Paige Road and Memorial Drive
163
Existing Bridge Culvert at Paige Road and Memorial Drive
164
Existing Bridge Culvert at Paige Road and Memorial Drive
165
FINANCIAL SUMMARY:
Are budgeted funds available: Yes
Amount budgeted/available: $500,000.00 (Design and Construction)
$ 50,000.00 (Storm Water General Contractual Services)
Fund(s) (Name and number): 895-669-6420 Project Number 2383
200-671-6213
Cost of recommended contract award: $ 489,250.00
Total estimated project cost:
$ 56,500.00 Engineering Already authorized: Yes
$ 489,250.00 Construction Already authorized: No
$ 545,750.00 Total estimated costs
166
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _______
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 JR WEST TEXAS CONCRETE, LLC. FOR
THE BRIDGE CULVERT REPAIR AT PAIGE ROAD AND MEMORIAL
DRIVE; 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 JR West Texas Concrete, LLC. for the Bridge Culvert Repair at Paige Road and
Memorial Drive; 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 hereby awards a bid to
JR West Texas Concrete, LLC. in the amount of $489,250.00 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 8TH DAY OF NOVEMBER 2023.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
167
Agenda Item No:4.15
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
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 $650,000.00 with URETEK USA, Inc. for the Citywide Roadway Lifting Services Project.
(Hartline)
Suggested Action:
Background:
City Council approved funding for the Citywide Roadway Lifting Services Project in the 2023-2024 budget.
The project’s scope of work consists of lifting various settled pavement areas along Lebanon Road, residential
streets in the Tribute subdivision and other locations along roadways within the city. The proposed work is for
soil densification and lifting to strengthen base and sub-base soils under the concrete pavement by furnishing
and injecting expansive URETEK 486 STAR polymer polyurethane material into the foundation soils beneath the
pavement through holes and/or injection tubes. All work will be done per the price list taken from the Buy Board
(https://www.buyboard.com) and pricing is based off of Buy Board Contract #635-21 that is through URETEK
USA, Inc. and includes all the necessary materials and equipment to complete the roadway lifting services.
URETEK USA recently performed work on several streets in the Tribute subdivision and city staff were very
satisfied with the work completed. City staff checked the references for this firm and received positive feedback
from both the City of Garland and North Gate Constructors and recommends approval of the contract in the
amount of $ 650,000.00 with this company.
Attachments:
Construction Services Contract
Financial Summary
Photos of Lifting Services and Existing Lebanon Road
Res. 2023-xxx Construction Services Contract - URETEK USA, Inc..doc
168
1-1
Contract Documents
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the 1st day of October in the year 2023 by and between the CITY OF
THE COLONY, TEXAS, a municipal corporation (hereinafter called OWNER) and URETEK USA, Inc.
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work
is generally described as follows:
The scope of work consists of lifting the various settled areas along Lebanon Road, residential
streets in the Tribute subdivision and other locations along roadways within the city. The lifting
to be performed includes all the necessary materials and equipment to complete the roadway
lifting services for the drainage improvements necessary on various roadways in the City of The
Colony. The proposed work is for soil densification to strengthen base and sub-base soils under
the concrete pavement by furnishing and injecting expansive URETEK 486 STAR polymer
polyurethane material into the foundation soils beneath the pavement through holes and/or
injection tubes. All work will be done per the price list taken from the Buy Board
(https://www.buyboard.com) and pricing is based off of Buy Board Contract #635-21 that is
through URETEK USA, Inc. All of the above shall be done in accordance with TxDOT, City of
The Colony and NTTA specifications with the City of the Colony’s Addenda and as per
instructions of the City of The Colony City Engineer. All construction sequencing and any
necessary barricading will be done according to the TxDOT and NTTA Standards.
CITYWIDE ROADWAY LIFTING SERVICES PROJECT
City of The Colony
Article 2. ENGINEER.
Contract administration will be provided by the City of The Colony Engineering Department who is
hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and
responsibilities and have the rights and authority assigned to the ENGINEER in the Contract Documents
in connection with completion of the Work in accordance with the Contract Documents.
Article 3. CONTRACT TIME.
3.1. The Work will be completed within 260 calendar days after Notice to Proceed which includes
15 inclement weather days.
169
1-2
Contract Documents
Article 4. CONTRACT PRICE.
4.1. Services will be authorized on a project task order basis. An initial project estimate will be
provided by the CONTRACTOR for each repair area. Once the CONTRACTOR receives
authorization to perform the work, coordination and performance of the work may begin.
4.2. OWNER shall pay CONTRACTOR for completion of the work per the price list taken from
the Buy Board that is through URETEK USA, Inc. The costs for 8” pavement lifting and void
stabilization shall be $24.00 per cubic foot which converts to $6.00 per pound. The contract
sum shall not exceed the amount of $ 650,000.00 unless authorized in writing by the City.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit monthly Applications for Payment to ENGINEER
5.1. Progress Payments. OWNER shall make monthly progress payments in accordance with the
Contract lump sum price on the basis of CONTRACTOR's Applications for Payment as
recommended by ENGINEER, each month during construction until work is completed and
accepted by the City. All progress payments will be made on the basis of the percentage of the
work completed.
Article 6. INTEREST.
No interest shall ever be due on late payments.
Article 7. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
7.1. This Agreement (pages 1-1 through 1-6, inclusive).
7.2. Documentation submitted by CONTRACTOR prior to Notice of Award.
7.3. Certificate of Insurance Information.
7.4. A two-year unconditional warranty against settlement of more than 1/2” of the injected
areas. This two-year unconditional warranty on workmanship shall begin after acceptance
of work.
7.5. All pricing for the products installed will match the Buy Board program through URETEK
USA, Inc.
170
1-3
Contract Documents
Article 8. MISCELLANEOUS.
8.1. Terms used in this Agreement which are defined in Item 101.1 of the General Provisions will
have the meanings indicated in the General Provisions.
8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the party sought to be bound;
and specifically but without limitation moneys that may become due and moneys that are due may
not be assigned without such consent (expect to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an
assignment no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal representatives
in respect of all covenants, agreements and obligations contained in the Contract Documents.
Article 9. INSURANCE REQUIREMENTS
It is understood and agreed as a part of this contract that the CONTRACTOR shall indemnify, save and
hold the City harmless from any and all claims, demands or damages which result from any injury, loss
or liability as a result of CONTRACTOR’S performance of this contract, including any for which it might
be contended that the City is negligent. In that regard CONTRACTOR shall carry:
COMPREHENSIVE GENERAL LIABILITY AND CONTRACTOR’S INSURANCE:
LIMITS: COMBINED SINGLE LIMIT BODILY INJURY AND PROPERTY DAMAGE
$1,000,000.00 EACH OCCURRENCE
$2,000,000.00 AGGREGATE (PER PROJECT ENDORSEMENT)
(PER LOCATION ENDORSEMENT)
AUTOMOBILE LIABILITY:
LIMITS: COMBINED SINGLE LIMIT BODILY INJURY AND
PROPERTY DAMAGE - $1,000,000.00 PER OCCURRENCE
It is understood that the purpose of the insurance required herein is to cover any liability that may result,
not only against the CONTRACTOR but also against the City, as a result of CONTRACTOR’S
performance of this contract. Therefore, such insurance shall not include any exclusion, which may be
relied upon to cause the City not to be covered. Generally the insurance coverage shall be provided by a
company rated A+ or A in the current Best Key Rating Guides.
All insurance other than Worker's Compensation shall be of the occurrence type. The company shall be
one acceptable to the OWNER and more specifically shall be adequately capitalized and rated and shall
be a company admitted in Texas. At the time of the execution of the contract and before commencing
work, the CONTRACTOR shall submit to the OWNER a certificate of insurance in favor of the OWNER
171
1-4
Contract Documents
with a 30-day notice of cancellation, naming the “City of The Colony” as an additional insured and
showing that the CONTRACTOR has the coverage required herein. All coverage shall include a waiver
of subrogation clause in favor of the OWNER. The CONTRACTOR shall also file with the OWNER
valid Certificates of Insurance covering all sub-contractors.
WORKMAN’S COMPENSATION AND EMPLOYER’S LIABILITY:
CONTRACTOR shall carry Worker’s Compensation and Employer’s Liability.
LIMITS: WORKERS’ COMPENSATION STATUTORY EMPLOYER’S LIABILITY
$1,000,000.00 PER OCCURRENCE
A certificate of insurance must be attached showing that the CONTRACTOR has
coverage providing for payment of benefits as specified by the Worker’s Compensation
Law of the State of Texas.
After award of contract, Contractor will provide Owner with Certificate of Insurance which will be
executed and bound here with final documents. A certificate of insurance must be provided with this
contract showing that the CONTRACTOR has coverage providing for payment of benefits as specified
by the Worker’s Compensation Law of the State of Texas.
Article 10: EXISTING UTILITIES AND SERVICE LINES:
The Contractor shall be responsible for the protection of all existing utilities and service lines crossed or
exposed by the construction operations. Where existing utilities and service lines are cut, broken or
damaged, the CONTRACTOR shall replace the utilities and service lines with the same type of original
construction, or better, at his own cost and expense.
If it is necessary to change or move the property of any owner or of a public utility, such property shall
not be moved or interfered with until authorized by the ENGINEER. The right is reserved to the owner
of any public utility to enter upon the limits of the project for the purpose of making such changes or
repairs of their property that may be made necessary by the performance of this contract.
The Contractor shall contact the following utility companies 72 hours prior to doing any work in the area:
a) Texas One Call PH (800) 245-4545
b) City of The Colony Water Department locate@thecolonytx.gov
c) Oncor Electric PH (940) 497-7510
d) Atmos Energy PH (972) 881-4161
e) AT&T PH (972) 569-3010
f) Time Warner Cable PH (214) 320-5435
g) CoServ Electric PH (940) 321-7800
h) CoServ Gas PH (940)321-7800
i) DIGTESS PH (800) 344-8377
j) Parks Irrigation Specialist PH (214) 236-8520
k) Grande Communications PH (940) 270-9600
172
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Contract Documents
Article 11: PROTECTION OF SITE:
The CONTRACTOR shall protect all structures, walks, pipelines, sprinkler systems, trees, shrubbery,
lawns and other improvements during the progress of his work, and shall remove from the site all debris
and unused materials at the CONTRACTORS’ expense. In the event the CONTRACTOR damages any
of the improvements previously listed during construction activities, CONTRACTOR shall replace the
damaged improvement to its original condition without compensation from the OWNER.
Article 12: BARRICADES AND DANGER SIGNALS:
Where the work is found to need barricading in case of any additional work found needed or the thru street
traffic is impacted for more than 24 hours in one of the areas on the street, the CONTRACTOR shall
furnish, erect, maintain, and remove such barricades, fences, lights, control signs and other danger signals;
CONTRACTOR shall provide such watchmen and shall take such other precautionary measures for the
protection of persons or property and of the work as necessary. Barricades shall conform to the Texas
Manual on Uniform Traffic Control Devices, Latest Edition. From sunset to sunrise, the
CONTRACTOR shall furnish and maintain sufficient lights at each barricade. A sufficient number of
barricades shall be erected to keep vehicles from being driven on or into any work under construction.
The CONTRACTOR shall furnish watchmen in sufficient number to protect the work. All items
associated with traffic control shall be included at no extra pay unless specified otherwise in the Contract
Documents.
If found necessary The CONTRACTOR must submit a Traffic Control Plan for approval by the
OWNER prior to the removal and/or installation of any traffic control devices needed for the project
that may be needed to be placed on the street more than 24 hours due to an unforeseen issue.
The CONTRACTOR will be held responsible for all damage to the work due to the failure of barricades,
signs, lights and watchmen to protect it, and whenever evidence is found of such damage, the ENGINEER
may order the damaged portion immediately removed and replaced by the CONTRACTOR at his cost
and expense. The CONTRACTOR’S responsibility for the maintenance of barricades, signs, lights and
for providing watchmen shall not cease until the OWNER has accepted the project.
Article 13: SUBMITTALS SUBMITTED FOR APPROVAL:
The CONTRACTOR shall submit for the approval of the OWNER, prior to commencing work, for any
concrete needed, epoxy, high strength mortar, traffic control plans and other materials necessary to perform
the work for this project.
Article 14: CLEANUP FOR FINAL ACCEPTANCE
The CONTRACTOR shall make a final cleanup of all parts of the work before final acceptance by the
OWNER. This cleanup shall include, among other things, the removal of all objectionable rocks, pieces
of concrete and other construction materials, and in general preparing the site of the work in an orderly
manner true to original grade and appearance.
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FINANCIAL SUMMARY:
Are budgeted funds available: Yes Amount budgeted/available: $ 650,000.00
Fund(s) number and Account #: Fund 895-669-6420, Project Number 2468 ($ 500,000.00)
(Lift Lebanon Road pavement at Tribute where uneven)
Fund 710-669-6421, Project Number 2475 ($ 150,000.00)
(Tribute Water Ponding- City Portion)
Source of Funds: 2023-2024 General Fund Special Capital Projects
2023-2024 Storm Water Utility Funding
Cost of recommended construction services contract award: $ 650,000.00
Total estimated project cost:
$ 0.00 Engineering
$ 650,000.00 Construction Already authorized Yes No
$ 650,000.00 Total estimated costs
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Photos of Pavement Lifting by URETEK USA
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Photos of Pavement Lifting by URETEK USA
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Photos of Existing Areas in Tribute Subdivision Before Pavement Lifting Performed
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Photos of Existing Areas in Tribute Subdivision Before Pavement Lifting Performed
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Photos of Existing Areas in Tribute Subdivision Before Pavement Lifting Performed
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Photos of Existing Areas in Tribute Subdivision Before Pavement Lifting Performed
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Lebanon Road Existing Conditions
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Lebanon Road Existing Conditions
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Lebanon Road Existing Conditions
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 – ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONSTRUCTION SERVICES CONTRACT BY AND BETWEEN THE
CITY OF THE COLONY AND URETEK USA, INC. FOR THE
CITYWIDE ROADWAY LIFTING SERVICES PROJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City and Consultant have entered into a Constructions Services
Contract for the Citywide Roadway Lifting Services Project; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the contract with URETEK USA, Inc.; and
WHEREAS, with this contract, the City of The Colony is agreeing to the services not to
exceed the amount of $650,000.00 for such work.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The Construction Services Contract, having been reviewed by the City Council
of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and
its citizens, be, and the same is hereby, in all things approved.
Section 2. The City Manager is hereby authorized to execute the contract on behalf of the
City of The Colony, Texas.
Section 3.This Resolution shall take effect immediately from and after its adoption and
it is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 8TH DAY OF NOVEMBER 2023.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
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APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
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Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an appeal of denial, revocation, or suspension of a short-term
rental license for 3805 Overlook Court, The Colony, Texas. (Perez/Browder)
Suggested Action:
Per Sec. 8-88 a licensee of a short-term rental who has had their license suspended or revoked by the City
Manager may appeal the decision to the City Council. The licensee of 3805 Overlook Court has submitted a
request to appeal the suspension of their short-term rental license by the City Manager and this item serves as
the hearing for Council to consider the appeal. Staff will present all of the evidence gathered so far supporting
the license suspension decision by the City Manager for Council to consider in their decision to uphold the
suspension or not.
Attachments:
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Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Isaac Williams
Submitting Department: Planning
Item Type: Ordinance
Agenda Section:
Subject:
Discuss and consider an ordinance regarding the Site Plan application of “Club Carwash,” an approximately
4,970 square-foot car wash and auto laundry building with a single tunnel and approximately 19 vacuum stalls
within Lot R6A-3, Block 1, in the Wal-Mart Addition. The subject site is located at 4675 State Highway 121 in the
General Retail (GR) Zoning District and the Gateway Overlay District. (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendations
Attachments:
SP23-0009-Club Carwash Site Plan CC Staff Report.doc
SP23-0009-Club Carwash CC exhibits.pdf
Ord. 2023-xxxx Club Carwash Site Plan.docx
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1
CITY COUNCIL REPORT
AGENDA DATE:November 8, 2023
DEPARTMENT:Planning and Development Department
SUBJECT:SP23-0009 – Club Carwash – Site Plan
Discuss and consider an ordinance regarding the Site Plan application of “Club Carwash,” an
approximately 4,970 square-foot car wash and auto laundry building with a single tunnel and
approximately 19 vacuum stalls within Lot R6A-3, Block 1, in the Wal-Mart Addition. The
subject site is located at 4675 State Highway 121 in the General Retail (GR) Zoning District and
the Gateway Overlay District.
OWNER/APPLICANT
Owner: 4675 SH 121 Holdings, LLC Jupiter, FL
Applicant:Clay Cristy Bedford, TX
ClayMoore Engineering
EXISTING CONDITION OF PROPERTY
The subject site is developed with the unoccupied Golden Corral restaurant.
ADJACENT ZONING AND LAND USES
North General Retail (GR) - Mixed commercial (shopping center)
South State Highway 121
East General Retail (GR) - Mixed commercial (shopping center)
West Business Park (BP) – Hotel (La Quinta Inn) and Restaurant (Texas Roadhouse)
PROPOSED DEVELOPMENT
The applicant request Site Plan consideration for an approximately 4,970 square-foot car wash
and auto laundry building with associated vacuum stalls.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) finds that the proposed Site Plan is consistent with
the Zoning Ordinance requirements and Gateway Overlay where applicable. The DRC
recommends approval.
PRIOR ACTION
The City of The Colony’s Planning and Zoning Commission at its meeting on October 24, 2023
approved the request (7-0) regarding SP23-0009 the Site Plan application of “Club Carwash.”
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Project Narrative
4. Proposed Development Plans
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ATTACHMENT 1
Land Use Analysis
The applicant intends to redevelop the site with a standalone carwash establishment and express
drive-thru restaurant or similar; the subject site is the carwash portion of the redevelopment. The
redevelopment will utilize the existing property boundaries and a majority of the existing
flatwork. The applicant’s site plan reflects the intent to demolish the vacant Golden Corral
building and develop the proposed use.
The site is located within the General Retail (GR) zoning district where carwash uses require SUP
approval as established by Ordinance No. 2023-2500. However, the applicant introduced this
development prior to the ordinance change and is vested under the previous allowance.
Circulation and Parking
The access is provided from SH 121 and existing cross access connections from the east and
north. The applicant’s request is intended to be the most optimal building configuration and lot
layout with respect to existing cross access, lot dimensions, and Gateway requirements.
Redevelopment includes the use of the existing row of parking spaces along SH 121, established
with the development of the Golden Corral restaurant. Those spaces encroach into the required
25-foot front yard setback and the applicant received approval from the Board of Adjustment on
August 17, 2022 to allow the continued use of the row of parking within the 25-foot setback
(parking within the required setback is was prohibited under Section 13-101; this has
subsequently been repealed). The proposed design, utilizes existing mutual access drives and
facilitates required connectivity to adjacent development and future development.
Vacuum stalls are located interior to the site, and are screened from SH 121 by the main building.
As proposed, the subject site will otherwise be developed in compliance with the heightened
design requirements of the Gateway Overlay District. The development plans reflect building
aesthetics and landscape design consistent with newer development in the Gateway. Landscape
shall be provided in accordance with the Gateway Overlay District and landscape requirements
reflected in Section 17A.
Landscaping and Buffering
The landscape plan reflects the planting of various canopy trees, small ornamental trees, shrubs,
and ground cover consistent with development within the Gateway Overlay District. The
landscape plan reflects the uses of existing buffers along SH 121, and the establishment of
transitional/ perimeter buffers along the other property lines. Plantings within these buffers offer
screening of the vehicular areas of the site. All landscaping will be irrigated in compliance with
City standards.
Building Elevations
The building contains the carwash tunnel, administrative office and storage. The design is
congruent with carwash uses, but is also consistent with the intent of the Gateway Overlay
District. The design reflects a mix of architectural elements for visual interest such as vertical and
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horizontal articulations, awnings and glazing and material changes, including the use of masonry
and color changes.
Development Review Committee Review
The Development Review Committee (DRC) finds that the proposed Site Plan is consistent with
the Zoning Ordinance requirements and Gateway Overlay where applicable. The DRC
recommends approval.
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2023 - ________
SITE PLAN – CLUB CARWASH
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR
“CLUB CARWASH,” AN APPROXIMATELY 4,970 SQUARE-FOOT CAR
WASH AND AUTO LAUNDRY BUILDING WITH A SINGLE TUNNEL
AND APPROXIMATELY 19 VACUUM STALLS WITHIN LOT R6A-3,
BLOCK 1, IN THE WAL-MART ADDITION THE SUBJECT SITE IS
LOCATED AT 4675 STATE HIGHWAY 121 WITHIN THE GENERAL
RETAIL (GR) ZONING DISTRICT AND THE GATEWAY OVERLAY
DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the City Council of the City of The
Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the
City of The Colony, Texas, have given requisite notices and consideration of the site plan application
and related plans, and the City Council of the City of The Colony, Texas, is of the opinion and finds
that Site Plan Application No. SP23-0009for “Club Carwash,” an approximately 4,970 square-foot
car wash and auto laundry building with a single tunnel and approximately 19 vacuum stalls within
Lot R6A-3, Block 1, in the Wal-Mart Addition and located at 4675 State Highway 121 within the
General Retail Zoning District and the Gateway Overlay District should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2.That the City Council of the City of The Colony, Texas, does hereby
approve the Site Plan, Landscape Plan, building elevations and photometric plan applicable to the
subject area, copies of which are attached hereto as Exhibit A of this Ordinance.
SECTION 3.That it is hereby declared to be the intention of the City Council of the City
of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this
Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance
shall be declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by
the City Council without the incorporation of this Ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 4. That any provision of any prior ordinance of the City whether codified or
uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the
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extent of the conflict, but all other provisions of the ordinances of the City whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full
force and effect.
SECTION 5. That this Ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS THE 8TH DAY OF NOVEMBER 2023.
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
201
Exhibit A
202
Agenda Item No:5.3
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Kimberly Thompson
Submitting Department: Police
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to issue a purchase order to
Motorola Solutions in the amount of $424,845.67 for the replacement of portable radios through Contract
DIR-TSO-4101. (Coulon)
Suggested Action:
Attachments:
Radio Requisition.pdf
Radio Quote.pdf
Res. 2023-xxx Motorola Solutions.docx
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207
208
209
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212
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO
MOTOROLA SOLUTIONS FOR THE REPLACEMENT OF PORTABLE RADIOS; AND
PROVIDING AN EFFECTIVE DATE.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City
Manager to issue a purchase order to Motorola Solutions in the amount of $424,845.67 for the
replacement of portable radios through Contract DIR-TSO-4101.
Section 2. That the City Manager and/or his designee are authorized to issue said purchase
order.
Section 3.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 8TH DAY OF NOVEMBER 2023.
____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
217
Agenda Item No:5.4
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Tina Stewart
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to issue a purchase order to F&F
Concrete in the amount of $4,500,000.00 for the repair and replacement of alleys, streets, and sidewalks.
(Whitt)
Suggested Action:
Attachments:
Res. 2023-xxx F&F Concrete.docx
218
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO F&F
CONCRETE FOR THE REPAIR AND REPLACEMENT OF ALLEYS, STREETS AND
SIDEWALKS; AND PROVIDING AN EFFECTIVE DATE.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City
Manager to issue a purchase order to F&F Concrete in the amount of $4,500,000.00 for the repair and
replacement of alleys, streets and sidewalks.
Section 2. That the City Manager and/or his designee are authorized to issue said purchase
order.
Section 3.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 8TH DAY OF NOVEMBER 2023.
____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
219
Agenda Item No:5.5
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to execute an Engineering Services
Contract in the amount of $374,500.00 with Quiddity Engineering, LLC. to prepare construction plans and
specifications for the Phase 14A Residential Street Reconstruction project. (Hartline)
Suggested Action:
Summary of Request:
This contract will authorize Quiddity Engineering, LLC. to prepare construction plans and contract
specifications for the Phase 14A Residential Street Reconstruction project. City Council approved funding for
the design of these streets in the 2023/2024 CIP budget. The streets to be designed during this project are
listed below.
Concrete Streets:
King Drive – From Ramsey Drive to Gibson Drive
Norris Drive – From Miller Drive to Paige Road
Knox Drive – From Miller Drive to Paige Road
The concrete streets will be reconstructed to the same width as existing with reinforced concrete pavement.
Sidewalk and driveway returns within right-of-ways will also be reconstructed. Storm drains, water/wastewater
mains and street lights will also be replaced, as needed.
The design contract includes surveying, preparing construction plans and specifications, bidding assistance
and construction management services. The total cost of the contract with Quiddity Engineering, LLC. is $
374,500.00. With approval, the project is anticipated to start construction in August 2024 with an estimated
completion in October 2025.
Attachments:
Location Map
Engineering Services Contract
Financial Summary
Existing Condition Photos
Res. 2023-xxx Engineering Services Contract - Quiddity Engineering, LLC.doc
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6053 Main Street
Main
Pa
ig
e
Nas h
Baker
Norris
North Colony
Blai
r
Oa
ks
Slay
St rick la nd
Roberts Gates
Big River
Jo
y Crawford
Glenview
S o u t h C olo n y
Pe mb erto n
Adams
Gibson
Kno x
Perrin
John Yates
Ash lo ckFryer
Larner
WagnerHale
Pearce
St an le y
Cur
r
y
Brandenburg
Hetherington
Phelps
Powers
Bedford
Shannon
Walk er
B a rtlett
K
n
i
g
h
t Ramsey
Miller
King
Young
Ya ge r
Keys
Pettit
Jen n in g s
Gr
iff
in
R
a
g
a
n
A li s t e r
Witt
Overland
Rock Canyon
Rockwood
Green Hollow
Darb
y
Thompson
Watk in s
Queen
Rolling Hill
Archer
Kisor
Ma
ts
on
Cole
M e m o rial
Marsh
Buc ks ki n
M
a
y
e
s
Augusta
Iv ySutton
Freeman
Bra
nchwood
Clover Valley
Day Spring
T
a
ylo
r
Hendrix
Pa inte r
Mountain Valley
Pruitt
Lakeshore
Lookout
Bear Run
Cook
Wilshire
Fisher
Westwood
Phoenix
Landmark
Creekdale
Trailview
Lake Ridge Fall River
Foster
EvansLa
ke
Vis
ta
H a m i l t o n
G r a h a m
M i d d l e t o n
Merrell
Wom a c k
H a c k n e y
C
a
r
r
i
a
g
e
Riverview
Apache
Eagle River
Gilliam
Hardaway
Marks
Crutchberry
Santa Fe
Hedgecoxe
Overton
Keller
Pa
wn
e
e
C
o
c
k
r
e
l
l
Chow ni ng
South Colony
Main
M e m o r i a l
M
a
y
e
s
Pa
ig
e
µLocation MapPhase 14A Streets Reconstructionr Project
Norris Dr. - From Miller Dr. to Paige Rd.
Knox Dr. - From Miller Dr to Paige Rd.
King Dr. - From Ramsey Dr. to Gibson Dr.
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PHASE 14A STREETS RECONSTRUCTION, QUIDDITY ENGINEERING PROFESSIONAL SERVICES AGREEMENT – Page 1
STATE OF TEXAS § CITY OF THE COLONY, TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF DENTON §
This Agreement for Professional Services (“Agreement”) is made by and between the City
of The Colony, Texas, a municipal corporation located in Denton County, Texas (“City”), and
Quiddity Engineering, LLC. (“Professional”) (individually, each a “Party” and collectively,
“Parties”), acting by and through the Parties’ authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, Professional desires to render professional services for City for the Phase 14A
Streets Reconstruction (“Project”) in accordance with the terms and conditions set forth in this
Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor all services under this Agreement to
the prevailing professional standards consistent with the level of care and skill ordinarily exercised
by members of Professional’s profession, both public and private, currently practicing in the same
locality under similar conditions including but not limited to the exercise of reasonable, informed
judgments and prompt, timely action. If Professional is representing this it has special expertise in
one or more areas to be utilized in the performance of this Agreement, then Professional agrees to
perform those special expertise services to the appropriate local, regional and national professional
standards.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto (the “Effective Date”) and shall continue until completion of the services provided by
Professional to City under this Agreement.
2.2 Professional may terminate this Agreement by giving thirty (30) days prior written
notice to City. In the event of such termination by Professional, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination.
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PHASE 14A STREETS RECONSTRUCTION, QUIDDITY ENGINEERING PROFESSIONAL SERVICES AGREEMENT – Page 2
2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination. Upon receipt of such notice from City, Professional shall immediately
terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or
materials in connection with this Agreement and shall proceed to promptly cancel all existing
contracts insofar as they are related to this Agreement.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference, entitled “Scope of Services”. In case of conflict with
the language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement
shall control.
3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
3.3 Schematic Design Documents, Design Development Documents, Contract
Documents, Drawings, Plans, Specifications and other documents, including those in electronic
form, prepared by Professional and its consultants, agents, representatives, and/or employees in
connection with the Project (“Project Documents”) are intended for the use and benefit of City.
Professional and its consultants, agents, representatives, and/or employees shall be deemed the
authors of their respective part of said Project Documents. Notwithstanding the foregoing, City
shall own, have, keep and retain all rights, title and interest in and to all Project Documents,
including all ownership, common law, statutory, and other reserved rights, including copyrights, in
and to all such Project Documents, whether in draft form or final form, which are produced at
City’s request and in furtherance of this Agreement or for the Project provided that City has justly
compensated Professional for all effort and costs in accordance Article V of this agreement. City
shall have full authority to authorize contractor(s), subcontractors, sub-subcontractors, City
consultants, and material or equipment suppliers to reproduce applicable portions of the Project
Documents to and for use in their execution of the work or for any other purpose. All materials and
reports prepared by Professional in connection with this Agreement are “works for hire” and shall
be the property of City provided that City has justly compensated Professional for all effort and
costs in accordance Article V of this agreement Professional shall, upon completion of the services
provided under this Agreement, or upon earlier termination of this Agreement, provide City with
reproductions of all materials, reports, and exhibits prepared by Professional pursuant to this
Agreement, and shall provide same in electronic format if requested by City. Any re-use of the
Project Documents by the City on any other project not contemplated or included under this
Agreement shall be at the City’s sole risk, without liability to Professional.
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PHASE 14A STREETS RECONSTRUCTION, QUIDDITY ENGINEERING PROFESSIONAL SERVICES AGREEMENT – Page 3
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City (the “Budget Requirements and Work Schedule”), which is attached hereto and
incorporated as Exhibit B.
4.2 In the event Professional’s performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance of
same as hereinafter provided, and City shall determine whether to authorize any increase in fee or
price, or to authorize damages or additional compensation as a consequence of such delays, within
a reasonable time after receipt of Professional’s request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed
or made by Professional, unless Professional shall have made written request upon City for such
extension not later than five (5) business days after the occurrence of the cause serving as the basis
for such extension request, and unless City and Professional have agreed in writing upon the
allowance of such additional time.
Article V
Compensation and Method of Payment
5.1 City shall pay Professional as more specifically set forth in Exhibit “B” by payment
of a fee not to exceed $ 374,500.00.
5.2 Each month Professional shall submit to City an invoice supporting the amount for
which payment is sought. Each invoice shall also state the percentage of work completed on the
Project through the end of the then submitted billing period, the total of the curr ent invoice amount,
and a running total balance for the Project to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
monthly payments in the amount shown by Professional’s approved monthly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services that is
unsatisfactory as determined by City or which is not performed in compliance with the terms of this
Agreement, nor shall failure to withhold payment pursuant to the provisions of this section
constitute a waiver of any right, at law or in equity, which City may have if Professional is in
default, including the right to bring legal action for damages or for specific performance of this
Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any
subsequent default.
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PHASE 14A STREETS RECONSTRUCTION, QUIDDITY ENGINEERING PROFESSIONAL SERVICES AGREEMENT – Page 4
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
shall pay Professional compensation for such services at mutually agreed upon charges or rates, and
within the time schedule prescribed by City, and without decreasing the effect iveness of the
performance of services required under this Agreement. In any even t, when Professional is
directed to revise or expand the scope of services under this Agreement, Professional shall provide
City a written proposal for the entire costs involved in performing such additional services. Prior to
Professional undertaking any revised or expanded services as directed by City under this
Agreement, City must authorize in writing the nature and scope of the services and accept the
method and amount of compensation and the time involved in all phases of the Project.
6.2 It is expressly understood and agreed to by Professional that any compensation not
specified in this Agreement may require approval by the City Council of the City of The Colony
and may be subject to current budget year limitations.
6.3 To the extent reasonably necessary for Professional to perform the services under
this Agreement, Professional shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Professional may deem proper to aid or assist in the performance of
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Professional.
6.4 Professional shall furnish the facilities, equipment, telephones, facsimile machines,
email facilities, and personnel necessary to perform the services required under this Agreement
unless otherwise provided herein.
Article VII
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the
conditions and requirements of this Agreement, Professional is acting as an independent contractor,
and City assumes no responsibility or liability to any third party in connection with the services
provided by Professional under this Agreement. All services to be performed by Professional
pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an
agent, servant, representative, or employee of City. Professional shall supervise the performance of
its services and shall be entitled to control the manner, means and methods by which Professional’s
services are to be performed, subject to the terms of this Agreement. As such, City shall not train
Professional, require Professional to complete regular oral or written reports, require Professional
to devote his full-time services to City, or dictate Professional’s sequence of work or location at
which Professional performs Professional’s work, except as may be set forth in Exhibit A.
7.2 Professional shall be responsible for the professional quality, technical accuracy, and
the coordination of all designs, drawings, specifications, plans, and other services furnished by
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Professional under this Agreement. Professional shall, without additional compensation, correct or
revise any errors or deficiencies in the Project Documents and other services provided under this
Agreement. Neither City’s review, approval, nor acceptance of, nor payment for any of, the
services provided under this Agreement, shall be construed to operate as a waiver of any rights
under this Agreement, and Professional shall be and remain liable to City in accordance with
applicable law for actual damages to City caused by Professional’s negligent performance of any
of the services furnished under this Agreement. To the fullest extent permitted by law, the parties
waive all claims against each other for any consequential or special damages, including without
limitation loss of use of the project and loss of profit, incurred by either party allegedly due to the
fault of the other regardless of the nature of the fault.
The City and Professional, having balanced their respective risks and rewards to be realized under
this Agreement, agree that the total liability of Professional to City for any Loss, as defined below,
whether arising under this Agreement, any services provided, or the project shall not exceed in the
aggregate the total professional fee paid to Professional. The City waives any and all Loss and
claims for Loss against Professional in excess of such limitation. City further waives all claims for
Loss against the individual owners, shareholders, or employees of Professional and shall look
solely to Professional for satisfaction of any such claims of Loss.
The term “Loss” means any and all actual and alleged loss, costs and damages of any nature
(including without limitation, actual, special and consequential damages, vicarious liability,
personal injury, death, property damage including loss of use thereof, and economic loss); and any
expense (including without limitation reasonable attorney’s and experts’ fees and costs of litigation
and defense) claimed through any direct claims, cross-claims, counterclaims or claims for
subrogation, contribution or indemnity that arise, in whole or in part, in connection with this
Agreement, its performance or interpretation or with respect to the project or services the
Agreement describes.
Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for
and maintain during the term of this Agreement the following insurance written by companies
approved by the state of Texas and acceptable to City. Professional shall furnish to the City
Director of Engineering certificates of insurance executed by the insurer or its authorized agent
stating coverages, limits, expiration dates and compliance with all applicable required provisions.
Certificates shall reference the project/contract number and be addressed as follows:
City of The Colony, Texas
Attention: Ron Hartline, P.E. Director of Engineering
6800 Main Street
The Colony, Texas 75056
A. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single li mits
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of $1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate, and
$1,000,000 general aggregate. Coverage must be written on an occurrence form. The
General Aggregate shall apply on a per project basis.
B. Workers’ Compensation insurance with statutory limits; and Employers’
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of
$500,000.
C. Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injury and property damage limit of
$1,000,000 per occurrence.
D. Professional Liability Insurance to provide coverage against any claim which
the Professional and all professionals engaged or employed by the Professional become
legally obligated to pay as damages arising out of the performance of profes sional services
caused by error, omission or negligent act with minimum limits of $2,000,000 per claim,
$2,000,000 annual aggregate.
NOTE: If the insurance is written on a claims-made form, coverage shall be continuous (by
renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
A. A waiver of subrogation in favor of City, its officials, employees, and
officers shall be contained in the Workers’ Compensation insurance policy.
B. The City, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability policy, by using endorsement CG2026 or
broader .
C. All insurance policies shall be endorsed to the effect that City will receive at
least thirty (30) days notice prior to cancellation, non-renewal, termination, or material
change of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a financial
rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during normal working
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hours to all necessary Professional facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give
Professional reasonable advance notice of intended audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that any
subcontractor agrees that City shall have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions related to the
subcontract, and further, that City shall have access during normal working hours to all such
subcontractor facilities and shall be provided adequate and appropriate work space, in order to
conduct audits in compliance with the provisions of this section. City shall give any such
subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings, written agreements or oral agreements between the Parties with
respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to which
the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agreement sh all be in a
District Court with appropriate jurisdiction in Denton County, Texas. The Parties agree to submit
to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal,
or unenforceable provision had never been contained in this Agreement.
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10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining
to a period of time following the termination of this Agreement shall survive termination,
including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent b y
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other Party or address as either Party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If intended for City:
Ron Hartline, P.E.
Director of Engineering
City of The Colony
6800 Main Street
The Colony, Texas 75056
If intended for Professional:
Quiddity Engineering, LLC.
Attn: Chief Operating Officer
6330 West Loop South
Suite 150
Bellaire Texas 77401
10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all
such counterparts shall together constitute one and the same instrument. Each counterpart may
consist of any number of copies hereof each signed by less than all, but together signed by all of,
the Parties hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
10.13 Professional’s Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional, its employees,
associates, agents or subcontractors for the accuracy and competency of their designs, working
drawings, specifications or other documents and work; nor shall such acceptance be deemed an
assumption of responsibility by City for any defect in the Project Documents or other documents
and work prepared by Professional, its employees, associates, agents or sub-consultants.
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10.14 Indemnification. PROFESSIONAL AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES,
DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEY’S
FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO
OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE
EXTENT CAUSED BY PROFESSIONAL’S PERFORMANCE OF SERVICES UNDER
THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF
PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES,
REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES,
SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY,
CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE
ATTRIBUTED TO THE SOLE NEGLIGENCE OF THE CITY). IF ANY ACTION OR
PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH
ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY,
SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL’S
EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO
CITY. PROFESSIONAL’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE
LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR
REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT.
IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL
SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN
COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS
LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVI VE
TERMINATION OF THIS AGREEMENT
10.15 Conflicts of Interests. Professional represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by
Professional under this section shall be grounds for termination of this Agreement and shall be
grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such
misrepresentation.
10.16 Default. If at any time during the term of this Agreement, Professional shall fail to
commence the services in accordance with the provisions of this Agreement or fail to diligently
provide services in an efficient, timely and careful manner and in strict accordance with the
provisions of this Agreement or fail to use an adequate number or quality of personnel to complete
the services or fail to perform any of Professional’s obligations under this Agreement, then City
shall have the right, if Professional shall not cure any such default after thirty (30) days written
notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of
any other right or remedy of City. If after exercising any such remedy due to Professional’s
nonperformance under this Agreement, the cost to City to complete the services to be performed
under this Agreement is in excess of that part of the contract sum which as not theretofore been
paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such
excess costs.
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10.17 Confidential Information. Professional hereby acknowledges and agrees that its
representatives may have access to or otherwise receive information during the furtherance of
Professional’s obligations in accordance with this Agreement, which is of a confidential, non-
public or proprietary nature. Professional shall treat any such informati on received in full
confidence and will not disclose or appropriate such Confidential Information for Professional’s
own use or the use of any third party at any time during or subsequent to t his Agreement. As used
herein, “Confidential Information” means all oral and written information concerning the City, its
affiliates and subsidiaries, and all oral and written information concerning City or its act ivities, that
is of a non-public, proprietary or confidential nature including, without limitation, information
pertaining to customer lists, services, methods, processes and operating procedures, together with
all analyses, compilations, studies or other documents, whether prepared by Professional or others,
which contain or otherwise reflect such information. The term “Confidential Information” shall not
include such information that is or becomes generally available to the public other than as a result
of disclosure to Professional, or is required to be disclosed by a governmental authority under
applicable law.
10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each right or remedy
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of
this Agreement may be waived without written consent of the Parties. Forbearance or indulgence
by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant
to this Agreement.
10.19 No Third Party Beneficiary. For purposes of this Agreement, including the
intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1)
this Agreement only affects matters between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the
fact that such third person or entity may be in contractual relationship with City or Professional or
both; and (2) the terms of this Agreement are not intended to release, either by contract or operation
of law, any third person or entity from obligations owing by them to either City or Professional.
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Exhibit A
Scope of Services
Project Understanding
The City has requested the Professional to perform topographic survey and engineering services
for the reconstruction of the paving, waterlines and sanitary sewer for the Phase 14A Streets
Reconstruction project. Design standards shall be the new City Engineering Design Manual
approved in 2023. The engineering design services for this project includes the following concrete
streets:
King Drive: Approximately 1,150 LF of King Drive from Ramsey Drive to Gibson Drive
Noris Drive: Approximately 1,300 LF of Norris Drive from Miller Drive to Paige Road
Knox Drive: Approximately 1,450 LF of Knox Drive from Miller Drive to Paige Road
The pavement typical section will be based on the City’s typical pavement section provided by the
City, 6” of Portland Cement concrete pavement over 6” Type A Grade 2 flexible base. The
proposed paving, sidewalk and driveway improvement widths and limits will be replaced back
into their existing locations with the sidewalk being located offset from the back of curb or at its
current location. Vertical profile design of the paving, sidewalks and driveway will be replaced in-
kind to 0.8% longitudinal slope where possible without the use of cascading profiles with sags,
retaining walls or added drainage improvements in streets or yards. Sidewalks shall be 5’ in width
and adhere to ADA design standards and the new 2023 City Engineering Design Manual.
Waterline improvements include approximately 4,300 LF of 8-inch waterline offset from the
existing waterline within the road limits stated above and will connect to existing waterlines at
Ramsey Drive, Gibson Drive, Miller Drive and Paige Road. Any concrete disturbed on Ramsey
Drive, Gibson Drive, Miller Drive or Paige Road due to waterline tie-in will be designed for
concrete panels to be replaced.
The sanitary sewer improvements for this project include abandon in place or remove as needed
and replacement of approximately 3,750 LF of 8-inch sanitary sewer main to existing manholes on
Miller Drive, Ramsey Drive. Manholes will be placed just before the Paige intersections on the
existing sanitary sewer for the tie-ins near Paige Road. No replacement of sanitary sewer within
the Paige right-of-way is included in this scope.
The proposed paving profiles will not include a cascading profile with sags. No drainage
calculations or drainage improvements are included with this project other than replacement of
existing curb inlet tops or changing the size of the inlet to the desired to be indicated by the City.
The Professional understands that the project area is currently not experiencing drainage problems
(i.e., building flooding, etc.).
Streetlight improvements will include conduit, pull boxes and pole foundation/bases (using City
standard details) for the length of the project with lights spaced at 300 feet in accordance with City
standards. Selection and specification of lighting poles and fixtures, along with lighting
photometrics and/or illumination evaluation, is not included in this scope.
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Based on our understanding of the City’s needs and the project area characteristics, the
Professional prepared the following scope of services and fee proposal.
Scope of Basic Services
1) Schematic Phase
The purpose of this task is for the Professional’s Engineer to assess the street geometric
alignments and identify the best locations for proposed waterline, sanitary sewer, drainage,
street lighting and potential known conflicts. The schematic design phase shall include the
following:
a. Kickoff meeting with City representatives, with a project site visit to observe existing
conditions.
b. Identify and seek to obtain data for existing conditions in the project area such as:
record drawings, utilities, master plans, tree protection requirements, design standards,
plats, rights-of-way, easements, and property ownership.
c. Prepare a 30% schematic design scroll plot showing the proposed plan for paving,
water, sanitary sewer, and lighting, shown with an aerial image and topographic survey
of the project area. A profile view will be provided of the existing surface to
demonstrate existing longitudinal street grades.
d. Coordinate with City staff for the location and sizing of the contractor staging area that
will be provided by the City.
e. The City staff shall review and meet with the Professional’s Engineer to discuss the
schematic scroll plots.
f. Preparation of a preliminary opinion of probable construction cost.
g. Attendance or presentations to City Council or neighborhood organizations can be
performed as an additional service if needed.
h. Traffic studies are not anticipated or included.
i. Environmental services are not anticipated or included.
2) Design Phase
The purpose of this task is for the preparation of construction plans for the project. The design
phase shall include the following:
a. General Design: Cover Sheet, Index, General Notes, Bid Schedule, and Technical
Specifications.
b. Typical Pavement Sections: prepare pavement typical sections for the tree roadways
based on the City’s standard typical sections.
c. Project Layout with Survey Control: prepare project layout sheet including survey
control points.
d. Demolition Plans: prepare layouts to delineate and quantify the limits of removals for
pavement, utilities, drainage, and miscellaneous items.
e. Roadway Plans: prepare typical sections, horizontal alignment sheets, quantities,
roadway plan & profile drawings, sidewalks, utility adjustments, and standard details.
Roadway cross-sections will be provided at driveway centerlines and/or approximate
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50’ intervals.
f. Water Plans: prepare horizontal alignment plan sheets, quantities, and details for a
waterline offset from the existing waterline. No profile design for waterline will be
included.
g. Sanitary Sewer Plans: prepare horizontal and vertical alignment plan/profile sheets,
quantities, and details.
h. Erosion Control Plan: prepare base map for the limits of the project along with
standard details for the contractor to utilize in his preparation of the Storm Water
Pollution Prevention Plan.
i. Traffic Control Plans (TCP): prepare a TCP to include geometry required to facilitate
the movement of vehicles through the work zone at a reduced speed limit as well as
work zone typical sections, lane markings, and standard details.
j. Lighting, Pavement Markings, and Signage Plan: Prepare joint marking and signage
and lighting plan. Prepare marking layouts, quantities, sign types, and standard details.
Sign posts and specifications will be based on City standards and details. Prepare
horizontal alignment plan sheets, quantities, and details for conduit and pole
foundation/bases spaced at 300 feet. City to provide details for base, pole, bolt pattern,
pull boxes and required conduit size. Service points, metering, and wiring to be
provided by others.
k. The plans will include sidewalk and wheelchair ramp layout, standard details,
specifications and notes. Structural design of retaining walls along the sidewalk or
property lines is not included in the scope.
l. Details: Compile City typical details. No special details are included.
m. Project Manual: Compile City Technical specifications and bidding documents into a
project manual. No special technical specifications are included.
n. TDLR Submittal: Submit plans and specifications to obtain Notice of Substantial
Compliance for the Project from the Texas Department of Licensing and Regulation.
o. Submittals shall include the following in hard copy and pdf format (billed as
reimbursables):
i. 60% Preliminary Design:
a. Drawings (4 copies 11x17) and opinion of probable construction
Cost.
b. Project Manual: City Technical specifications and bidding
documents.
ii. 90%Design:
a. Drawings (3 copies 11x17) and opinion of probable construction
cost.
b. Project Manual: City Technical specifications and bidding
documents.
iii. Final Design:
a. Drawings (1 copy 11x17) and opinion of probable construction cost
b. Project Manual: City Technical specifications and bidding
documents.
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3) Bid Phase Services
The Professional’s Engineer shall assist the City staff in advertisement of the project for bids.
The cost of advertisement and web portal hosting shall be the responsibility of the City. Scope
includes Engineering services and assistance as stated below for one (1) bid opening.
Professional’s Engineer shall:
a. Attend and assist the City with one (1) in-person pre-bid meeting. The Professional’s
Engineer will facilitate the technical aspects of the project, while City staff facilitate
the administrative aspects of the project.
b. Assist the City with the preparation of up to two (2) addenda to the bid documents and
provide answers to bidder questions and interpreting bid documents if requested.
c. Assist City with the opening and tabulation of the bids and evaluation of low bidder
references for the two lowest bidders.
d. Provide letter recommending award of a construction contract.
4) Construction Contract Administration
The Professional’s Engineer shall represent the City in the non-resident administration of the
construction contract. Services do not involve continuous or extensive on-site inspection to
check or verify means and methods, materials, or manage construction efforts. As such, the
Professional’s Engineer cannot provide certification of the completed project beyond the
limited observation described below. If Field Project Representation is desired, the
Professional’s Engineer can provide those services on an hourly reimbursable basis. The
proposed scope of work includes the following:
a. Assist the City with a pre-construction meeting.
b. Provide 3-24” x 36” and 10-11” x 17” sets of plans and 6- sets of project manuals for
the preconstruction meeting (billed as reimbursable).
c. Review shop drawings and submittals for conformance with the design concept and
general compliance with the requirements of the construction contract. This proposal
assumes twelve (12) submittals and two (2) re-reviews.
d. Attend up to twelve (12) monthly progress/coordination meetings at City Hall.
e. Conduct up to twelve (12) site visits for observation of construction. Provide email of
observed deficiencies to City if encountered.
f. Review monthly contractor pay applications (limited to 12). Quantity verification and
negotiation shall be provided by City prior to Professional’s Engineer’s review.
g. Provide written responses for up to six (6) requests for information or clarifications.
h. Review up to three (4) changes to the contract for construction. The Professional’s
Engineer will make recommendations to the City regarding the acceptability of the
Contractor’s request and, upon approval of the City, assist the City in negotiations of
the requested change. Upon agreement and approval, the Professional’s Engineer shall
prepare final change order documents.
i. Assist the City staff in conducting the final walk-through for general conformance with
the design concept and compliance with the contract documents.
j. Prepare construction ‘record drawings’ based upon markups and information provided
by the City Inspector and the construction contractor. Provide one (1) 24” x 36” copy
of the record drawings and electronic copies in .pdf, tiff and .dwg-AutoCAD format.
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k. Assist with preparation of as-built (closeout) contract amendment to reconcile final
quantities..
Scope of Special Services
1) Utility Coordination
Utility Coordination shall include correspondence with individual utility companies (contact
information as provided by the City), submittals of plans (30%, 60%, and 90%) to utility
companies followed by a monthly status reports and requests for information from utility
company representatives. Once available, reflect all the information on the construction
drawings as provided by utility companies.
2) Design Topographic Survey/Construction Control
a. Any right-of-entry issues/notices on private property shall be the responsibility of the
City.
b. Establish horizontal and vertical survey control points referencing the City of The
Colony monument system (NAD 83 and NAVD 88) and make them available to the
contractor for use during construction.
c. Existing drainage system details of roadside ditches, culverts, inlets, storm sewers,
outfall flow lines.
d. Visible improvements such as fences, driveways, landscape areas, etc.
e. Visible utilities including manholes (with invert information), water valves, water
meters, fire hydrants, telephone pedestals, power poles, down conduits, gas line
markers, etc.
f. Underground utilities which are marked in the field by utility locators within project
location.
g. Cross-sections of the right-of-way of King, Norris and Knox Drives within the
prescribed project limits, including obtaining additional detail at intersections, limited
yard and driveway topo to help ensure positive drainage to streets.
h. Establish location, size and type of trees that are 12” and larger (measured 4.5’ above
the ground).
i. No offsite survey beyond the limits of the described project is included.
j. Establish the apparent right-of-way from:
i. Found front property corners, fences, etc.
ii. Plotting the most recent recorded plats and deeds of tracts along the project
route
k. Generate 1’ contours from the field points collected.
Information Provided by the City
The following information shall be provided to the Professional’s Engineer.
1. Roadway design standards and thoroughfare plans.
2. Record drawings for infrastructure in the project area.
3. Franchise utility contact information for local representatives.
4. Provide Notice of Entry to all property owners along the corridor if required.
5. City Standard pavement section.
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Special Considerations
1. It is assumed that the downstream storm sewer system(s) have adequate capa city to
convey drainage from this project. Downstream hydrologic/hydraulic studies are not
included.
2. No drainage calculations or improvements are included in the scope of services.
3. Geotechnical engineering or investigations are not included in the scope of services.
4. Environmental evaluations and permitting is not included in the scope of services.
5. Landscape architecture/irrigation design is not included in the scope of services.
6. Structural engineering design is not included in the scope of services.
7. Arborist services are not included in the scope of services.
8. Topographic and boundary survey of the proposed contractor’s staging area in not
included in the scope of services.
9. Traffic signal design/studies is not included in the scope of services.
10. Any review or permit fees associated with the project shall be paid by the City, or if
paid by the Professional, shall be considered as a reimbursable expense, and are not
included in any fees proposed.
11. Additional hourly services to be negotiated using the Professional’s current Schedule
of Hourly Rates.
12. Reimbursable expenses including outside services not performed by Professional’s
personnel shall be billed as a reimbursable plus a 10% management fee.
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PHASE 14A STREETS RECONSTRUCTION, QUIDDITY ENGINEERING PROFESSIONAL SERVICES AGREEMENT – Page 18
Exhibit B
Budget Requirements and Work Schedule
Budget Requirements:
The services will be completed on a project total fee, not to exceed $ 374,500.00. No work outside
the approved scope of work should be performed by the Professional without prior written approval
and Change Order to the signed contract. If the Professional sees the Scope of Services changing
so that Additional Services are needed, the Professional will notify City for City’s approval before
proceeding.
A complete man hour-estimate and expense fee rate schedule for the scope of services is included
in Attachment C and a summary of the services is listed below.
Basic Services
Schematic Phase $ 62,400.00
Design Phase $ 219,800.00
Bid Phase $ 13,300.00
Construction Contract Administration $ 42,900.00
SUBTOTAL $ 338,400.00
Special Services
Utility Coordination $ 2,500.00
Design topographic survey/construction control $ 30,100.00
Reimbursables $ 3,500.00 (estimated)
SUBTOTAL $ 36,100.00
CONTRACT TOTAL $ 374,500.00
Work Schedule:
The proposed scope of work in Exhibit A is anticipated to completed within 7 months of design
time from the receipt of a signed agreement and/or official notice-to-proceed. A detailed work
schedule bar chart breakdown by tasks is attached as part of this Exhibit B.
239
ID Task Name Duration Start Finish
1 NTP/Project Setup/Kickoff 8 days Wed 11/1/23 Fri 11/10/23
2 Topographic Surveys 30 days Mon 11/13/23Fri 12/22/23
3 Geotechnical 30 days Mon 11/20/23Fri 12/29/23
4 Schematic Design 30 days Mon 12/18/23Fri 1/26/24
5 City Review 10 days Mon 1/29/24 Fri 2/9/24
6 60% Design 30 days Mon 2/12/24 Fri 3/22/24
7 City Review 10 days Mon 3/25/24 Fri 4/5/24
8 90% Design 25 days Mon 4/8/24 Fri 5/10/24
9 City Review 10 days Mon 5/13/24 Fri 5/24/24
10 Final Plans 10 days Mon 5/27/24 Fri 6/7/24
Nov '23 Dec '23 Jan '24 Feb '24 Mar '24 Apr '24 May '24 Jun '24
EXHIBIT B
PHASE 14A CONCRETE STREETS RECONSTRUCTION PROJECT
City of The Colony
Quiddity Engineering
October 20, 2023
Page 1
24
0
Date 10/20/2023
CITY OF THE COLONY Opp No.11090-0002_P
PHASE 14A CONCRETE STREETS RECONSTRUCTION Project No.11090-0002-01
Sub-Total Sub Cons. Total Task Level
Principal Quality
Manager Project Manager Project Engineer
Design
Engineer II
Design Engineer
I/CAD Operator
Administrative
Assistant (cost + 10%) Budget Total
$275.00 $255.00 $225.00 $160.00 $145.00 $125.00 $125.00
1 a Project Kickoff 4 8 $1,900 1,900$
2 Confirm Existing Conditions 2 8 20 $4,810 4,810$
3 d Scroll Plot 2 2 4 $1,240 1,240$
4 Schematic Paving/Driveway/ Sidewalk Design 4 20 20 80 $18,420 18,420$
Schematic Drainage Design $0 -$
5 Schematic Waterline Design 1 10 20 30 $9,155 9,155$
6 Schematic Sanitary Sewer Design 1 10 20 30 $9,155 9,155$
7 Schematic Signing and Pavment Marking and Lighting Layout 1 10 10 20 $6,455 6,455$
8 Staging Area Coordination 1 1 $350 350$
9 Schematic OPCC 4 20 $3,400 3,400$
10 QA/QC 8 4 $2,940 2,940$
11 Address QA/QC Comments 4 8 $1,900 1,900$
12 Prepare and Submit Schematic Design Submittal (30%)1 8 $1,225 1,225$
13 e Schematic Design Meeting with City 4 4 $1,400 1,400$
0 17 82 0 72 233 0 62,400$
e Prepare Response Log for 30% and 60% Review Comments $0 -$
14 Address 30% and 60% Review Comments from City 2 4 4 20 $4,490 4,490$
15 Title Sheet (1 sheet)1 5 $850 850$
16 Project Layout (1 sheet)1 10 $1,475 1,475$
17 General Notes (1 sheet)1 5 $850 850$
18 Quantity Summary Sheets (2 sheet)2 20 $2,950 2,950$
19 Typical Sections (2 sheet)1 10 $1,475 1,475$
20 Traffic Control Plans (6 sheet)1 10 35 60 $15,080 15,080$
21 Demolition Plan (6 sheet)1 5 25 50 $11,255 11,255$
22 a Paving Plan and Profile (11 sheets)8 30 90 225 $49,965 49,965$
a Intersection Layout (3 sheet)$0 -$
23 Cross Sections (9 sheets)4 10 30 80 $17,620 17,620$
Drainage Area Map & Calcs (4 sheets)$0 -$
a Drainage Plan and Profile (6 sheets)$0 -$
24 Waterline Plan (6 sheets)2 10 20 80 $15,660 15,660$
25 Sanitary Sewer Plan and Profile (10 sheets)4 18 40 160 $30,870 30,870$
26 a Signing and Pavement Markings and Lighting Plan (6 sheet)4 14 25 70 $16,545 16,545$
27 a Erosion Control Plan (6 sheet)2 10 15 40 $9,935 9,935$
28 Details 2 2 $700 700$
29 TDLR Notice of Substantial Compliance 3 $375 $1,500.00 1,875$
30 c 60%, 90% and 100% OPCC 2 10 15 40 $9,935 9,935$
31 Project Manual/Bid Form 4 10 15 25 5 $9,195 9,195$
f Special Specifications $0 -$
32 QA/QC 15 10 $6,075 6,075$
33 Address QA/QC Comments 2 4 10 $2,280 2,280$
34 f Prepare 60%, 90% and 100% Package to City for Review 3 6 12 25 $6,980 6,980$
35 f 60% and 90% Meetings with City 8 16 $3,800 3,800$
0 52 165 0 330 956 5 219,800$
BASIC SERVICES
Task 001 - Schematic Design
Mileage and
Prints, Etc. JC Survey/ Subs
Task 002 - Design Phase
Total Task 002
Total Task 001
24
1
Date 10/20/2023
CITY OF THE COLONY Opp No.11090-0002_P
PHASE 14A CONCRETE STREETS RECONSTRUCTION Project No.11090-0002-01
Sub-Total Sub Cons. Total Task Level
Principal Quality
Manager Project Manager Project Engineer
Design
Engineer II
Design Engineer
I/CAD Operator
Administrative
Assistant (cost + 10%) Budget Total
$275.00 $255.00 $225.00 $160.00 $145.00 $125.00 $125.00
Mileage and
Prints, Etc. JC Survey/ Subs
36 a-c Coordination and Distribution of Bidding Documents 1 2 4 $1,205 1,205$
37 e Prepare Agenda and Sign-In Sheet, Attend Pre-Bid Meeting/Answer Questions, Prepare Minutes 8 8 2 $3,050 3,050$
38 f Issue up to 2 Addenda to Purchasing 8 16 4 $4,300 4,300$
39 Attend Bid Opening 2 2 $700 700$
40 h-I Prepare/Review Bid Tabulation of Submitted Bids 4 6 4 $2,150 2,150$
41 i Contact References provided by Contractor on two (2) lowest bidders and Recommendation of Award 4 8 $1,900 1,900$
0 1 28 0 0 44 10 13,300$
Prepare EJCDC C-520 Agreement $0 -$
42 Attend Pre-Construction Conference 4 4 $1,400 1,400$
Coordinate and Distribute "Issued for Construction" Documents $0 -$
43 Submittal Reviews (12 submittals + 2 re-reviews) & Log 7 14 $3,325 3,325$
44 Prepare and Facilitate Monthly Progress/Coordination Meetings (12 total) and Prepare/Distribute Minutes 18 24 $7,050 7,050$
45 Construction Site Observation (up to 12) 18 24 $7,050 7,050$
46 Review Pay Estimates (up to 12)12 24 $5,700 5,700$
47 Answering RFIs (6) & Log 6 12 $2,850 2,850$
48 Construction Change Order Reviews & Log (up to 4) Negotiate and Prepare 24 12 $6,900 6,900$
49 Construction Substantial / Final Completion Inspection 16 4 $4,100 4,100$
50 Record Drawings 2 4 10 $2,660 2,660$
51 Close Out Change Order 4 8 $1,900 1,900$
0 2 113 0 0 136 0 42,900$
338,400$
52 Utility Coordination $2,500 2,500$
0 0 0 0 0 0 0 2,500$
53 Topo Survey $0 $30,100.00 30,100$
0 0 0 0 0 0 0 30,100$
Geotech Report $0 -$ -$
0 0 0 0 0 0 0 -$
Special Survey/Design $0 -$
0 0 0 0 0 0 0 -$
54 Reimbursables $3,500.00 3,500$
0 0 0 0 0 0 0 3,500$
Total Special Services 36,100$
374,500$
Total Task 004
Total Basic Services
Task 003 - Bid Phase Services
Special Services
Total Task 003
Task 004 - Construction Contract Administration
Task 005 -Utility Coordination
SUBTOTAL ALL SERVICES
Total Task 005
Task 006 -Design Topographic Survey/Construction Control
Total Task 006
Task 000 -Geotechnical Report
Total Task 000
Task 000 - Special Survey/Design Services
Total Task 000
Task 007 - Reimbursables
Total Task 007
24
2
FINANCIAL SUMMARY:
Are budgeted funds available: Yes
Amount budgeted/available: $ 10,000,000.00
(Phase 14 Streets Reconstruction Design and Construction)
Fund(s) (Name and number): 895-669-6670-2259
Project number: 2460
Source of Funds: 2023-2024 General Fund Special Capital Projects
Cost of recommended contract award: $ 374,500.00
Total estimated project cost:
$ 374,500.00 Engineering Already authorized Yes No
$ 374,500.00 Total estimated costs
243
Existing Condition Photos of Norris Drive
244
Existing Condition Photos of Knox Drive
245
Existing Condition Photos of King Drive
246
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 – ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE
AN ENGINEERING SERVICES CONTRACT BY AND BETWEEN THE
CITY OF THE COLONY AND QUIDDITY ENGINEERING, LLC TO
PREPARE CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE
PHASE 14A RESIDENTIAL STREET RECONSTRUCTION PROJECT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City and Consultant have entered into an Engineering Services Contract
to prepare construction plans and specifications for the Phase 14A Residential Street
Reconstruction Project; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Contract with Quiddity Engineering, LLC; and
WHEREAS, with this Contract the City of The Colony is agreeing to the services not to
exceed the amount of $374,500.00 for such work.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The Engineering Services Contract, having been reviewed by the City Council
of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and
its citizens, be, and the same is hereby, in all things approved.
Section 2. The City Manager is hereby authorized to execute the Contract on behalf of the
City of The Colony, Texas.
Section 3.This Resolution shall take effect immediately from and after its adoption and
it is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 8TH DAY OF NOVEMBER 2023.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
247
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
248
Agenda Item No:5.6
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to execute an Engineering Services
Contract in the amount of $296,499.00 with Cobb, Fendley & Associates, Inc. to prepare construction plans and
specifications for the Phase 14B Residential Street Reconstruction project. (Hartline)
Suggested Action:
Summary of Request:
This contract will authorize Cobb, Fendley & Associates, Inc. to prepare construction plans and contract
specifications for the Phase 14B Residential Street Reconstruction project. City Council approved funding for
the design of these streets in the 2023/2024 CIP budget. The streets to be designed during this project are
listed below.
Concrete Streets:
Bogard Drive and Dunn Drive – From both intersections with Independence Drive.
Kean Circle – From North Colony Boulevard to end of cul-de-sac.
Larner Street – From FM 423 to Curry Drive.
The concrete streets will be reconstructed to the same width as existing with reinforced concrete pavement.
Sidewalk and driveway returns within right-of-ways will also be reconstructed. Storm drains, water/wastewater
mains and street lights will also be replaced, as needed.
The design contract includes surveying, preparing construction plans and specifications, bidding assistance
and construction management services. The total cost of the contract with Cobb, Fendley & Associates, Inc is
$ 296,499.00. With approval, the project is anticipated to start construction in July 2024 with an estimated
completion in August 2025.
Attachments:
Location Map
Engineering Services Contract
Existing Condition Photos
Financial Summary
Res. 2023-xxx Engineering Services Contract - Cobb, Fendley & Associates, Inc.doc
249
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Kean Circle
Larner Street (From FM 423 to Curry Drive)
Bogard Drive and Dunn Drive(From both intersections with Independence Drive)
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CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT. COBBFENDLEY:. PHASE 14B STREETS RECONSTRUCTION Page 1
STATE OF TEXAS § CITY OF THE COLONY, TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF DENTON §
This Agreement for Professional Services (“Agreement”) is made by and between the City
of The Colony, Texas, a municipal corporation located in Denton County, Texas (“City”), and
Cobb, Fendley & Associates, Inc. (“Professional”) (individually, each a “Party” and collectively,
“Parties”), acting by and through the Parties’ authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, Professional desires to render professional services for City for the Phase 14B
Streets Reconstruction (“Project”) in accordance with the terms and conditions set forth in this
Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor all services under this Agreement to
the prevailing professional standards consistent with the level of care and skill ordinarily exercised
by members of Professional’s profession, both public and private, currently practicing in the same
locality under similar conditions including but not limited to the exercise of reasonable, informed
judgments and prompt, timely action. If Professional is representing this it has special expertise in
one or more areas to be utilized in the performance of this Agreement, then Professional agrees to
perform those special expertise services to the appropriate local, regional and national professional
standards.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto (the “Effective Date”) and shall continue until completion of the services provided by
Professional to City under this Agreement.
2.2 Professional may terminate this Agreement by giving thirty (30) days prior written
notice to City. In the event of such termination by Professional, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination.
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CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT. COBBFENDLEY:. PHASE 14B STREETS RECONSTRUCTION Page 2
2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination. Upon receipt of such notice from City, Professional shall immediately
terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or
materials in connection with this Agreement and shall proceed to promptly cancel all existing
contracts insofar as they are related to this Agreement.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference, entitled “Scope of Services”. In case of conflict with
the language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement
shall control.
3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
3.3 Schematic Design Documents, Design Development Documents, Contract
Documents, Drawings, Plans, Specifications and other documents, including those in electronic
form, prepared by Professional and its consultants, agents, representatives, and/or employees in
connection with the Project (“Project Documents”) are intended for the use and benefit of City.
Professional and its consultants, agents, representatives, and/or employees shall be deemed the
authors of their respective part of said Project Documents. Notwithstanding the foregoing, City
shall own, have, keep and retain all rights, title and interest in and to all Project Documents,
including all ownership, common law, statutory, and other reserved rights, including copyrights, in
and to all such Project Documents, whether in draft form or final form, which are produced at
City’s request and in furtherance of this Agreement or for the Project. City shall have full authority
to authorize contractor(s), subcontractors, sub-subcontractors, City consultants, and material or
equipment suppliers to reproduce applicable portions of the Project Documents to and for use in
their execution of the work or for any other purpose. All materials and reports prepared by
Professional in connection with this Agreement are “works for hire” and shall be the property of
City. Professional shall, upon completion of the services provided under this Agreement, or upon
earlier termination of this Agreement, provide City with reproductions of all materials, reports, and
exhibits prepared by Professional pursuant to this Agreement, and shall provide same in electronic
format if requested by City. Any re-use of the Project Documents by the City on any other project
not contemplated or included under this Agreement shall be at the City’s sole risk, without liability
to Professional.
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City (the “Budget Requirements and Work Schedule”), which is attached hereto and
incorporated as Exhibit B.
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CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT. COBBFENDLEY:. PHASE 14B STREETS RECONSTRUCTION Page 3
4.2 In the event Professional’s performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance of
same as hereinafter provided, and City shall determine whether to authorize any increase in fee or
price, or to authorize damages or additional compensation as a consequence of such delays, within
a reasonable time after receipt of Professional’s request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed
or made by Professional, unless Professional shall have made written request upon City for such
extension not later than five (5) business days after the occurrence of the cause serving as the basis
for such extension request, and unless City and Professional have agreed in writing upon the
allowance of such additional time.
Article V
Compensation and Method of Payment
5.1 City shall pay Professional as more specifically set forth in Exhibit “B” by payment
of a fee not to exceed $296,499.00.
5.2 Each month Professional shall submit to City an invoice supporting the amount for
which payment is sought. Each invoice shall also state the percentage of work completed on the
Project through the end of the then submitted billing period, the total of the current invoice amount,
and a running total balance for the Project to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
monthly payments in the amount shown by Professional’s approved monthly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services that is
unsatisfactory as determined by City or which is not performed in compliance with the terms of this
Agreement, nor shall failure to withhold payment pursuant to the provisions of this section
constitute a waiver of any right, at law or in equity, which City may have if Professional is i n
default, including the right to bring legal action for damages or for specific performance of this
Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any
subsequent default.
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
254
CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT. COBBFENDLEY:. PHASE 14B STREETS RECONSTRUCTION Page 4
shall pay Professional compensation for such services at mutually agreed upon charges or rates, and
within the time schedule prescribed by City, and without decreasing the effectiveness of the
performance of services required under this Agreement. In any event, when Professional is
directed to revise or expand the scope of services under this Agreement, Professional shall provide
City a written proposal for the entire costs involved in performing such additional services. Prior to
Professional undertaking any revised or expanded services as directed by City under this
Agreement, City must authorize in writing the nature and scope of the services and accept the
method and amount of compensation and the time involved in all phases of the Project.
6.2 It is expressly understood and agreed to by Professional that any compensation not
specified in this Agreement may require approval by the City Council of the City of The Colony
and may be subject to current budget year limitations.
6.3 To the extent reasonably necessary for Professional to perform the services under
this Agreement, Professional shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Professional may deem proper to aid or assist in the performance of
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Professional.
6.4 Professional shall furnish the facilities, equipment, telephones, facsimile machines,
email facilities, and personnel necessary to perform the services required under this Agreement
unless otherwise provided herein.
Article VII
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the
conditions and requirements of this Agreement, Professional is acting as an independent contractor,
and City assumes no responsibility or liability to any third party in connection with the services
provided by Professional under this Agreement. All services to be performed by Professional
pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an
agent, servant, representative, or employee of City. Professional shall supervise the performance of
its services and shall be entitled to control the manner, means and methods by which Professional’s
services are to be performed, subject to the terms of this Agreement. As such, City shall not train
Professional, require Professional to complete regular oral or written reports, require Professional
to devote his full-time services to City, or dictate Professional’s sequence of work or location at
which Professional performs Professional’s work, except as may be set forth in Exhibit A.
7.2 Professional shall be responsible for the professional quality, technical accuracy, and
the coordination of all designs, drawings, specifications, plans, and other services furnished by
Professional under this Agreement. Professional shall, without additional compensation, correct or
revise any errors or deficiencies in the Project Documents and other services provided under this
Agreement. Neither City’s review, approval, nor acceptance of, nor payment for any of, the
services provided under this Agreement, shall be construed to operate as a waiver of any rights
under this Agreement, and Professional shall be and remain liable to City in accordance with
applicable law for all damages to City caused by Professional’s negligent performance of any of the
services furnished under this Agreement.
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CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT. COBBFENDLEY:. PHASE 14B STREETS RECONSTRUCTION Page 5
Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for
and maintain during the term of this Agreement the following insurance written by companies
approved by the state of Texas and acceptable to City. Professio nal shall furnish to the City
Manager certificates of insurance executed by the insurer or its authorized agent stating coverages,
limits, expiration dates and compliance with all applicable required provisions. Certificates shall
reference the project/contract number and be addressed as follows:
City of The Colony, Texas
Attention: Troy C. Powell, City Manager
6800 Main Street
The Colony, Texas 75056
A. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits
of $1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate, and
$1,000,000 general aggregate. Coverage must be written on an occurrence form. The
General Aggregate shall apply on a per project basis.
B. Workers’ Compensation insurance with statutory limits; and Employers’
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of
$500,000.
C. Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injury and property damage limit of
$1,000,000 per occurrence.
D. Professional Liability Insurance to provide coverage against any claim which
the Professional and all professionals engaged or employed by the Professional become
legally obligated to pay as damages arising out of the performance of professional services
caused by error, omission or negligent act with minimum limits of $2,000,000 per claim,
$2,000,000 annual aggregate.
NOTE: If the insurance is written on a claims-made form, coverage shall be continuous (by
renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
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A. A waiver of subrogation in favor of City, its officials, employees, and
officers shall be contained in the Workers’ Compensation insurance policy.
B. The City, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability policy, by using endorsement CG2026 or
broader .
C. All insurance policies shall be endorsed to the effect that City will receive at
least thirty (30) days notice prior to cancellation, non-renewal, termination, (10 days’ notice
of cancellation due to non-payment of premium) of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a financial
rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during normal working
hours to all necessary Professional facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give
Professional reasonable advance notice of intended audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that any
subcontractor agrees that City shall have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions related to the
subcontract, and further, that City shall have access during normal working hours to all such
subcontractor facilities and shall be provided adequate and appropriate work space, in order to
conduct audits in compliance with the provisions of this section. City shall give any such
subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings, written agreements or oral agreements between the Parties with
respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to which
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the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a
District Court with appropriate jurisdiction in Denton County, Texas. The Parties agree to submit
to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal,
or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining
to a period of time following the termination of this Agreement shall survive termination,
including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other Party or address as either Party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If intended for City: With Copy to:
Troy C. Powell Ron Hartline, P.E.
City Manager Director of Engineering
City of The Colony City of The Colony
6800 Main Street 6800 Main Street
The Colony, Texas 75056 The Colony, Texas 75056
If intended for Professional:
Ted Sugg, P.E.
Principal: Regional Municipal Manager
Cobb, Fendley & Associates, Inc. (“CobbFendley”)
2801 Network Boulevard, Suite 800
Frisco, Tx 75034
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10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all
such counterparts shall together constitute one and the same instrument. Each counterpart may
consist of any number of copies hereof each signed by less than all, but together signed by all of,
the Parties hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
10.13 Professional’s Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional, its employees,
associates, agents or subcontractors for the accuracy and competency of their designs, working
drawings, specifications or other documents and work; nor shall such acceptance be deemed an
assumption of responsibility by City for any defect in the Project Documents or other documents
and work prepared by Professional, its employees, associates, agents or sub-consultants.
10.14 Indemnification. PROFESSIONAL AGREES TO DEFEND (EXCEPT FOR
PROFESSIONAL LIABLITY CLAIMS), INDEMNIFY AND HOLD HARMLESS CITY
FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS,
COSTS (INCLUDING COURT COSTS, ATTORNEY’S FEES AND COSTS OF
INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY
PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY
PROFESSIONAL’S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR
BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS
OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVE S,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED
ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES,
DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE SOLE
NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE
BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY
OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH
ACTION OR PROCEEDINGS AT PROFESSIONAL’S EXPENSE, BY OR THROUGH
ATTORNEYS REASONABLY SATISFACTORY TO CITY. PROFESSIONAL’S
OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS
OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED
BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A
CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS
SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH,
THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT
CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS
AGREEMENT
10.15 Conflicts of Interests. Professional represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by
Professional under this section shall be grounds for termination of this Agreement and shall be
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grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such
misrepresentation.
10.16 Default. If at any time during the term of this Agreement, Professional shall fail to
commence the services in accordance with the provisions of this Agreement or fail to diligently
provide services in an efficient, timely and careful manner and in strict accordance with the
provisions of this Agreement or fail to use an adequate number or quality of personnel to complete
the services or fail to perform any of Professional’s obligations under this Agreement, then City
shall have the right, if Professional shall not cure any such default after thirty (30) days written
notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of
any other right or remedy of City. If after exercising any such remedy due to Professional’s
nonperformance under this Agreement, the cost to City to complete the services to be performed
under this Agreement is in excess of that part of the contract sum which as not theretofore been
paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such
excess costs.
10.17 Confidential Information. Professional hereby acknowledges and agrees that its
representatives may have access to or otherwise receive information during the furtherance of
Professional’s obligations in accordance with this Agreement, which is of a confidential, non-
public or proprietary nature. Professional shall treat any such information received in fu ll
confidence and will not disclose or appropriate such Confidential Information for Professional’s
own use or the use of any third party at any time during or subsequent to this Agreement. As used
herein, “Confidential Information” means all oral and written information concerning the City, its
affiliates and subsidiaries, and all oral and written information concerning City or its activities, that
is of a non-public, proprietary or confidential nature including, without limitation, information
pertaining to customer lists, services, methods, processes and operating procedures, together with
all analyses, compilations, studies or other documents, whether prepared by Professional or others,
which contain or otherwise reflect such information. The term “Confidential Information” shall not
include such information that is or becomes generally available to the public other than as a result
of disclosure to Professional, or is required to be disclosed by a governmental authority under
applicable law.
10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each right or remedy
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of
this Agreement may be waived without written consent of the Parties. Forbearance or indulgence
by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant
to this Agreement.
10.19 No Third Party Beneficiary. For purposes of this Agreement, including the
intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1)
this Agreement only affects matters between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the
fact that such third person or entity may be in contractual relationship with City or Professional or
both; and (2) the terms of this Agreement are not intended to release, either by contract or operation
of law, any third person or entity from obligations owing by them to either City or Professional.
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EXHIBIT A
SCOPE OF SERVICES
The Professional will provide the City engineering consulting services for the reconstruction of the
following streets and the associated public utilities (water, wastewater and storm drainage):
Bogard Drive/Dunn Drive from Independence Drive (total 1,765 ft)
Kean Circle from N. Colony Boulevard to end (555 ft)
Larner Street from Main Street to Curry Drive (670 ft)
The City and Professional anticipate the reconstruction of these streets will be bid as one
construction package. The Professional will provide professional engineering services as follows:
Prepare Construction Plans and Specifications for the reconstruction of the above streets
and the associated utilities to include:
o Street paving replacement with concrete curb and gutter using City’s standard 6”
concrete over 6” flexible base material
Replace driveways to the r.o.w. line unless slopes require additional length
Address any erosion issues at the west end of Bogard/Dunn; this area is in a
floodplain.
o Sidewalk and ADA compliant barrier free ramps
o Storm drainage system including piping and curb inlets
Provide full plan and profile for Bogard Drive and Dunn Drive
For Kean Circle, maintain drainage in the existing flume
For Larner Street, verify gutter flow is appropriate
o Water and wastewater main and services replacement on all streets
Min. 8” water main replacement
Min. 8” wastewater main replacement
Replace water services to r.o.w. using a single 1” service line to serve two
(2) ¾” meters with a bullnose connection
Replace each meter box (not the meter)
o Replace street light foundations and pull boxes
Coordinate with Oncor to verify existing street light locations are appropriate
o Provide Tree Survey
All trees in r.o.w. are to be removed unless the homeowner wants to keep it;
in this case use the City standard tree well detail to contain the roots
Any tree with a caliper of 12” and above and will be identified by species; all
trees regardless of caliper will be shown on the Professional’s Plan
The City Arborist will verify if trees shown to remain are viable
o Include a line item for potholing to locate utilities during construction, as needed
o Rebuild concrete pads for community mailboxes
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I, BASIC SERVICES
A. DESIGN PHASE
1. The Professional will provide design plans at the Preliminary (60%), Pre-Final (90%), and
Final (100%) phases of design. The Professional will prepare design plans in accordance
with the standard details and specifications for the City of The Colony and the North
Central Texas Council of Governments.
2. Preliminary Engineering (60%)
The Professional will prepare Preliminary Engineering construction plans as follows:
a. Conduct a project kick-off meeting with the City staff.
b. Conduct an on-site project meeting with City staff and the design team to determine the
City’s needs and preferences regarding the street and utility reconstruction.
c. Obtain record drawings, studies, and planning documents from the City that may have
an impact on the project. Incorporate this data into the planning and design of the
project.
d. The Professional will contact the franchise utility companies and use the information
they provide to show their existing and proposed facilities on the design plans to help
identify conflicts so early coordination for the relocation of the franchise utilities can be
performed to help avoid conflicts during construction. The professional will keep a log
of franchise utility companies contacted and their response, if any.
e. Determine constructability of the project using existing slopes on streets, flowlines of
wastewater and storm drainage facilities, and pinpoint any erosion or floodplain issues
that will negatively impact the function of the project and cost of construction. Any
issues detected will be reported to the City and resolved before continuing with this
phase of design.
f. The Professional will prepare horizontal control for each street with any required
easements or rights-of-way shown. Prepare a horizontal and vertical control plan that
locates all proposed and known existing facilities. Legal descriptions (Lot Nos., Block
Nos., and Addition Names) along with property ownership shall be provided on the plan
view.
g. Prepare roadway plan and profile sheets showing limits of pavement, driveways, alleys,
elevations at all PVI’s and PI’s; high and low points, horizontal and vertical curve
information, and pertinent calculations. Profiles for existing ground at the right-of-way
lines shall be shown.
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h. Known existing utilities and utility easements will be shown on the roadway plan and
profile sheets. The Professional will coordinate with utility companies and the City to
ascertain what, if any, future improvements are planned that may impact the Project.
Submit pertinent plan sheets to private utility companies for review and utility
clearance.
i. Prepare drive-way profiles showing the proposed driveway grade transitioning into the
existing driveway grade and limits of tie back.
j. The Professional will review the existing drainage patterns of Kean Circle and Larner
Drive to verify the existing gutter flow is sufficient and appropriate to maintain drainage
on these streets. For Bogard/Dunn, the Professional will verify the capacity of the
existing outfall system is capable of handling the current flow volume. The Professional
will provide a drainage area map and flow calculations for all four streets.
k. Prepare storm drainage plan and profile sheets for Bogard and Dunn Drives.
l. The Professional will prepare the plan sheets for the proposed water lines for each street
including valves, fire hydrants and services connections.
m. The Professional will prepare the plan and profile sheets for the proposed wastewater
lines for each street including cleanouts, manholes and services connections.
n. Prepare an Erosion Control Narrative and Erosion Control Plan. It is the contractor’s
responsibility to prepare and submit the SWPPP, the NOI and the NOT.
o. Prepare a construction sequencing plan in accordance with the TMUTCD requirements.
A suggested traffic control plan, prepared in accordance with the TxDOT standard
traffic control details and the TMUTCD to ensure that one lane is open to traffic at all
times, will also be prepared for each construction phase. The contractor will be
responsible for submitting a construction Traffic Control Plan, sealed by a Texas
Professional Engineer, for review and approval by the City.
p. The Professional will prepare a Pavement Markings, Lighting and Signage Plan. The
Lighting Plan will show the location of proposed light pole foundations and pull boxes
for each street. The Professional will not be responsible for light pole design or
selection, nor will a lighting design be performed. The Professional will coordinate with
Oncor to verify that the locations of existing foundations (to be removed) are
appropriate for new foundations.
q. Roadway cross-sections will be developed from the survey notes, at intervals not to
exceed 50 foot along the project length and will extend 10’ past the right-of-way line on
both sides of the street. Additional cross-sections at important features including alleys,
driveways, PI’s of intersecting streets, etc. will also be provided. Cross-sections will
show centerline station, profile grades and centerline elevations, roadway section
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(existing and proposed) and right-of-way limits. Excavation and embankment volumes
and end area computations shall also be provided.
r. The Professional will review and include appropriate standard details for construction of
the above items from the CITY, NCTCOG and TxDOT, as needed.
s. The Professional shall deliver two half size (11”x17”), two full size (22” x 34”), and a
pdf file of the Pre-Final construction plans to the City for review. Generally, plan sheets
shall be organized as follows:
i. Cover Sheet
ii. Sheet Index
iii. General Notes
iv. Typical Sections
v. Project Layout with Horizontal and Vertical Control
vi. Removal Plans
vii. Paving Plan and Profile Sheets
viii. Driveway Profiles
ix. Drainage Area Maps / Drainage Calculations
x. Storm Drain Plan & Profile Sheets
xi. Water Plans
xii. Wastewater Plan & Profile Sheets
xiii. Erosion Control Narrative
xiv. Erosion Control Plans
xv. Construction Sequencing
xvi. Suggested Standard TxDOT Traffic Control Plans
xvii. Pavement Markings, Lighting and Signage Plans
xviii. Cross Sections
xix. City Paving Details
xx. City Storm Drain Details
xxi. City Water & Wastewater Details
xxii. Misc. Details
xxiii. TxDOT Traffic Control Details
t. The Professional shall submit an Opinion of Probable Construction Costs.
u. The Professional shall submit project specifications for City review. The project
contract documents (front end), general conditions, and special conditions will be
provided by the City. Project Specifications will be prepared in accordance with the
North Central Texas Council of Governments Standard Specifications for Public Works
Construction, latest edition. Any required specifications not included in the North
Central Texas Council of Governments Standard Specifications for Public Works
Construction will be prepared separately and included in the bid documents.
v. The Professional will prepare the bid proposal forms (Project quantities) of the
improvements to be constructed and included in the contract documents.
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w. The Professional shall meet with the City to discuss review comments for the
Preliminary submittal.
3. Pre-Final Phase (90%)
Upon approval of Preliminary engineering plans, the Professional will provide Pre-Final
plans as follows:
a. Address all City comments and prepare the Pre-Final plans for City review. The
Professional shall deliver two half size (11”x17”), two full size (22” x 34”), and a pdf
file of the Pre-Final construction plans to the City for review.
b. The Professional shall submit a Pre-Final Opinion of Probable Construction Costs.
c. The Professional shall submit updated project specifications for City review.
d. The Professional will update the bid proposal forms (Project quantities) of the
improvements to be constructed and included in the contract documents.
e. Attend one Over The Shoulder (OTS) plan review meeting with the City. The review
meeting will be conducted to address review comments and to develop appropriate and
immediate resolutions to those comments to produce the Final construction documents.
4. Final Engineering (100%)
Following approval of the Pre-Final plans, The Professional shall prepare Final plans as
follows:
a. Address all City comments and finalize all engineering drawings in accordance with the
OTS review.
b. The Professional will finalize the bid proposal forms (Project quantities) of the
improvements to be constructed, showing any alternate bid items and summary sheets.
c. The Professional will finalize the contract documents and technical specifications.
d. The Professional shall submit a Final Opinion of Probable Construction Costs.
e. The Professional will provide two half size (11”x17”), two full size (22” x 34”) sealed
drawings, stamped ”Bid Documents”, and a thumb drive containing the pdf files for the
plans and specifications.
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B. BIDDING PHASE
1. Provide sealed plans, specifications, and bid documents in PDF format to the City
Purchasing Department to be posted on the City website (or preferred job board) for
advertisement. Also provide the bid summary sheets in excel (no formulas) to be posted to
the selected website. The City will be responsible for all advertising fees.
2. Assist the City in conducting a pre-bid meeting.
3. Assist the City by responding to questions and interpreting bid documents. Prepare and
issue addenda to the bid documents as required.
4. Assist City in the opening, tabulating, and analyzing the bids received. Review the
qualification information and check references provided by the apparent low bidder to
determine if, based on the information available, they appear to be qualified to construct the
Project. Recommend award of contract or other actions as appropriate to be taken by City.
5. Assist the City in issuing a Notice to Proceed to the construction contractor.
6. Furnish the following conformed contract documents:
a. City
i. Contract Documents – 2
ii. Full Size (22” x 34”) Plans – 4
iii. ½ Size (11” x 17”) Plans – 2
iv. PDF of Contract Documents and Plans
b. Contractor
i. Contract Documents – 2
ii. Full Size (22” x 34”) Plans – 4
iii. ½ Size (11” x 17”) Plans – 2
iv. PDF of Contract Documents and Plans
C. CONSTRUCTION PHASE
Upon completion of the Bidding Phase services, the Professional will proceed with the
performance of Construction Phase services as described below. The Professional will
endeavor to protect the City in providing these services; however, it is understood that the
Professional does not guarantee the Contractor's performance, nor is the Professional’s
responsible for supervision of the Contractor's operation and employees. The Professional shall
not be responsible for the means, methods, techniques, sequences or procedures of construction
selected by the Contractor, or any safety precautions and programs relating in any way to the
condition of the premises, the work of the Contractor or any Subcontractor. The Professional
shall not be responsible for the acts or omissions of any person (except its own employees or
agents) at the Project site or otherwise performing any of the work of the Project.
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1. Assist the City in conducting a Pre-Construction conference with the Contractor and review
the construction schedule prepared by the Contractor pursuant to the requirements of the
construction contract.
2. Review Contractor's submittals, including requests for information, modification requests,
shop drawings/material cut sheets, schedules, and other submittals in accordance with the
requirements of the construction contract documents for the Project.
3. Review and sign contractor’s pay requests. The Professional’s review will be to confirm
the quantities installed are reasonable for the phase of the project, retainage is accurate, and
mathematical calculations are correct. It is the City’s responsibility to field verify the
individual quantities for accuracy as submitted by the contractor.
4. Attend ten (10) monthly progress meetings with City staff and the contractor to review the
progress of the project. The monthly progress meetings will coincide with visits to the site
to observe the progress and the quality of work and to attempt to determine in general if the
work is proceeding in accordance with the Construction Contract Documents. In this effort
the Professional will endeavor to protect the City against defects and deficiencies in the
work of Contractors and will report any observed deficiencies to the City. Visits to the site
in excess of the specified number are an Additional Service.
5. Conduct, in company with the City’s representative, a final review of the Project for
conformance with the design concept of the Project and general compliance with the
Construction Contract Documents. Prepare a list of deficiencies to be corrected by the
Contractor before recommendation of final payment. Assist the City in obtaining legal
releases, permits, warranties, spare parts and keys from the contractor. Review and
comment on the certificate of completion and the recommendation for final payment to the
Contractor(s). Visiting the site to review completed work in excess of two trips is an
Additional Service.
6. Prepare record drawings in accordance with the information furnished by the City and
Contractor reflecting changes in the Project made during construction. Provide 1 set of
prints labeled "Record Drawings" to the City.
II. SPECIAL SERVICES
A. TOPOGRAPHIC SURVEY:
1. Project Control
a. Basis of Control: The Colony geodetic control, if available, otherwise the Allterra-VRS
GPS system will be used to establish horizontal and vertical values.
b. Project Coordinate System: Survey coordinates will be provided in a project modified
State Plane “surface” position. The project scaling point and factor will be labeled and
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shown in CAD. Basis of control and all other pertinent details will be described in the
CAD files and on the control description sheets.
c. Horizontal and Vertical Control Methods: Horizontal and vertical control will be
established using RTK “base and rover” GPS methods. Control will have an accuracy of
+/- 0.04’ at the time of survey. 5/8” iron rods with cap and/or mag nails will be used as a
control material. Horizontal and vertical control points will be set at 500’ intervals
within the project area. Where possible, control monumentation shall be located
sufficiently away from the project limits so as not to be disturbed by construction
activities.
2. Utility Location/Coordination
a. Texas811 OneCall Coordination: Prior to commencing any topographic fieldwork, the
Professional will submit a utility locate request for the project limits to Texas811
(formerly Texas Excavation Safety System, Inc.) online at www.Texas811.org or by
telephone at 811 or 800-344-8377. Marks set by Texas811 will be shown on the survey.
b. Private Franchise Utilities: Locate and tie visible franchise utilities (Gas,
Telephone/FOC, Electric, Cable, etc.) and associated appurtenances including but not
limited to: power poles, guy anchors, manholes, meters, valves, test stations, vaults,
handholes, pull boxes, pedestals, controllers, etc. Denote size, material type, pressure
rating, line voltage and utility owner as applicable, if available. Visible Texas811
markings will be shown on the survey.
c. The Colony Public Utilities: Locate and tie visible public utilities (water, wastewater,
storm drainage, and telephone/fiber) and associated appurtenances including but not
limited to: manholes, cleanouts, meters, services, isolation valves, blow-offs, fire
hydrants, inlets, junction boxes, headwalls, wingwalls, rip-rap aprons and all other
appurtenances. Denote size, material type and flow direction as applicable. Locate the
top of operating nut elevations for visible utility valves. Accessible utility manholes will
be detailed identifying: structure size, material type, rim elevations, measure downs and
corresponding flow line and top of pipe elevations for visible pipe wall penetrations.
Upstream and downstream wastewater and storm drainage rim and invert data will be
shown.
3. Right-of-Entry
a. ROE will be obtained from a percentage of property owners determined by the City as
appropriate for this project. These services include a ROE mailer and keeping records
obtained for project entry.
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4. Topographic Survey
Main project area cross sections and/or mapping will be collected generally at 50’ intervals
and at all breaks in grade producing 1’ interval contours for a width of ROW to ROW.
a. Project crossing side streets, alleys, and drainage ways will be surveyed an additional 25
feet in each direction beyond the main project swath. Crossing alignments will be
surveyed for a width that properly covers each crossing feature.
b. Intersecting streets will be extended to mid-panel beyond the 2nd joint from curb return.
c. Expansion joints will be detailed at all intersections to a point 50 feet from the returns.
d. Driveways will be surveyed an additional 15’ beyond the ROW.
e. The building outline/face of all project-adjoining homes will be shown on the survey.
i. Finish floor elevations will be captured if backyard entry is not required.
ii. Private cleanouts will be located if backyard entry is not required.
f. Existing pavement markings and signage will be identified on the survey.
g. Streetlight bases and pull boxes will be shown on the survey.
h. Surface Drainage Features: Locate and tie top, toe and flow lines of existing swales,
channels and creeks with the project limits.
5. Trees, Shrubs, Landscaping and Irrigation:
a. All trees that fall within the ROW will be tagged in the field. Tag ID’s, common name
and approximate trunk size will be noted on the survey.
b. Any tree in the r.o.w. with a caliper of 12” and above and will be identified by species;
all trees in the r.o.w. regardless of caliper will be shown on the survey.
6. Exclusions:
The following items are excluded from this scope of services:
a. Abstracting Services: This proposal does not include hiring an abstractor to conduct
abstracting services for property, easement and right-of-way research. Current platting
and/or deed information available at the County and information provided to the
Professional by the City will be used for this project.
b. Arborist Services: This proposal does not include the services of an arborist or licensed
landscape architect to provide tree size and scientific name. The Professional will make
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CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT. COBBFENDLEY:. PHASE 14B STREETS RECONSTRUCTION Page 20
an attempt to approximately identify the common name and size of each project affected
tree.
c. Construction Staking Services: This proposal does not include staking of any kind for
the construction of this project. Project control will not be refreshed prior to the
commencement of construction.
d. Subsurface Utility Investigation: This proposal does not include subsurface excavation
to confirm underground utility locations. All utility line work will be based on surface
field evidence and provided record drawing research.
e. SUE Test Hole and Marker Locations: This proposal does not include the location and
collection of data regarding test-hole locations or SUE marking locations performed by
SUE contractors.
f. Soil Borings: This proposal does not include the location of soil borings performed by
others.
g. This proposal does not include the resolution of any boundary conflicts observed during
the survey.
h. This proposal does not include preparation of R.O.W. or easement documents required
for acquisition.
B. TDLR REVIEW
1. The Professional will submit plans to the Texas Department of Licensing and Regulation
for review of sidewalk and barrier free ramp ADA compliance. Any comments the
Professional receives will be incorporated into the Professional’s plan set.
C. GEOTECHNICAL INVESTIGATION AND PAVEMENT DESIGN
1. Geotechnical services are not included in this proposal. Any geotechnical information
required will be provided by the City.
2. The Professional will utilize the City’s standard pavement section of 6” concrete over 6” of
flexible base material. The Professional will use standard City details to accompany this
pavement section.
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III. CLIENT RESPONSIBILITIES
The City will provide the following information in a timely manner so as not to delay the
services of the Professional:
1. The City will provide any available design plans, drainage studies, surveys, property
information, utility locations, geotechnical data, CADD files or any other pertinent
information.
2. The City shall attend review meetings and make final decisions on design issues such that
questionable matters may be resolved and the Project progresses as scheduled.
3. The City shall provide the Professional access to the site and allow interviews with
personnel that have a working knowledge of the facilities within the Project area. The
City shall make available personnel to assist in the locating of water and wastewater lines,
which cannot be identified by other means.
4. The City shall provide personnel to accompany the Professional when delivering Right of
Entry letters to homeowners.
IV. ADDITIONAL SERVICES
Services not included in the description of Scope of Services in this proposal may be provided
by the Professional upon request. If the City authorizes additional services to be performed by
the Professional, said services shall be provided in accordance with an agreed upon scope, fee
and schedule between the City and the Professional and documented by execution of a
Supplemental Agreement to this contract. The following services are NOT included in this
proposal:
1. Any other service not specifically included within the description of Basic Services, Special
Services, or Other Services as described above, such as:
a. USACE permitting, Nationwide Permitting, Specific Permitting.
b. Boundary survey, lot platting, or abstracting the adjacent properties.
c. ROW and / or Boundary Resolution.
d. ROW and Easement document preparation.
e. Geotechnical investigation or materials testing.
f. Hydraulic Analysis of existing or proposed drainage conditions.
g. Soil, water or other environmental testing or environmental assessment of any kind.
h. Subsurface Utility Engineering (SUE Level A & B).
i. Construction Inspection.
j. Any engineering consulting or design services other than those expressly detailed in
this proposal.
2. Any permitting, testing, studies, design, or redesign effort required to bring the plans and
specifications and the project into compliance with any local, state or federal regulations,
processes or procedures that are put into effect after the execution date of this contract.
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3. Consulting services by others not included in this proposal.
4. Design of improvements outside the project limits / off-site.
5. Redesign or additional surveying for the City’s convenience or due to changed conditions
after the execution date of this contract.
6. Redesign or additional surveying for the City’s convenience after City has approved
proposed alternates and / or approved progress on the design.
7. Alternate additions that are not included in the original scope.
8. Evaluation of design / alignment alternatives beyond what is defined in the scope.
9. Preparing exhibits and / or intermediate submittals beyond what is defined in the scope.
V. EXCLUSIONS
The following items are excluded from this scope of services:
1. Geotechnical engineering / testing / investigation.
2. Structural engineering.
3. Franchise utility relocation design.
4. Accessibility design or review.
5. Hydraulic modeling (HEC).
6. Preparation of a Storm Water Pollution Prevention Plan (SWPPP).
7. Preparation of Custom Site-Specific Traffic Control Plans (TCP).
8. Wetlands determination, mitigation plans, permitting or assessments.
9. Floodplain delineation, analysis, reclamation plans, permitting, or coordination with FEMA
/ USACE.
10. Preparation / submittal of a CLOMR and/or LOMR.
11. Coordination with agencies (USACE, TCEQ, FEMA, EPA, TxDOT, etc.) regarding the
project or proposed construction.
12. Permitting (USACE, TMDL, TDLR, NPDES, TCEQ, TWDB, FEMA, EPA, TxDOT, etc.).
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13. Right-of-Way determination / map.
14. The resolution of any boundary conflicts observed during the course of the survey.
15. Performing a title search or complete abstracting of any properties or easements.
16. Construction verification survey.
17. The City will be responsible for providing construction inspection on the project. The
Professional will only provide general project representation based on the number of site
visits provided in this proposal.
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CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT. COBBFENDLEY:. PHASE 14B STREETS RECONSTRUCTION Page 24
EXHIBIT B
BUDGET REQUIREMENTS AND WORK SCHEDULE
Budget Requirements:
The services will be completed on a project total fee, not to exceed $296,499.00. No work outside
the approved scope of work should be performed by the Professional without prior written approval
and Change Order to the signed contract. If the Professional sees the Scope of Services changing
so that Additional Services are needed, the Professional will notify City for City’s approval before
proceeding.
Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include outside
printing and reproduction expense, communication expense, travel, transportation and subsistence
away from Dallas and other miscellaneous expenses directly related to the work, including costs of
laboratory analysis, tests, and other work required to be done by independent persons other than
staff members. A complete man hour-estimate and expense fee for the scope of services is included
in Attachment A and a summary is listed below.
BASIC SERVICES
DESIGN PHASE:
PRELIMINARY (60%) $ 168,000
PRE-FINAL (90%) $ 16,900
FINAL (100%) $ 13,500
BIDDING PHASE $ 20,800
CONSTRUCTION PHASE $ 42,500
BASIC SERVICES SUBTOTAL $ 261,700
SPECIAL SERVICES
TOPOGRAPHIC SURVEYING $ 22,968
SURVEY RIGHT-OF-ENTRY $ 1,331
TDLR REVIEW $ 5,500
SPECIAL SERVICES SUBTOTAL $ 29,799
PROJECT EXPENSES $ 5,000
PROJECT TOTAL $ 296,499
Work Schedule:
The proposed scope of work in Exhibit A is anticipated to completed within approximately 180
calendar day of design time from the receipt of a signed agreement and/or official notice-to-
proceed. A detailed work schedule breakdown by tasks is included in Attachment B
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277
278
279
280
Existing Condition Photos of Kean Circle
281
Existing Condition Photos of Larner Street
282
Existing Condition Photos of Bogard Drive
Existing Condition Photos of Dunn Drive
283
FINANCIAL SUMMARY:
Are budgeted funds available: Yes
Amount budgeted/available: $ 10,000,000.00
(Phase 14 Streets Reconstruction Design and Construction)
Fund(s) (Name and number): 895-669-6670-2259
Project number: 2460
Source of Funds: 2023-2024 General Fund Special Capital Projects
Cost of recommended contract award: $ 296,499.00
Total estimated project cost:
$ 296,499.00 Engineering Already authorized Yes No
$ 296,499.00 Total estimated costs
284
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 – ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE
AN ENGINEERING SERVICES CONTRACT BY AND BETWEEN THE
CITY OF THE COLONY AND COBB, FENDLEY & ASSOCIATES, INC.
TO PREPARE CONSTRUCTION PLANS AND SPECIFICATIONS FOR
THE PHASE 14B RESIDENTIAL STREET RECONSTRUCTION
PROJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City and Consultant have entered into an Engineering Services Contract
to prepare construction plans and specifications for the Phase 14B Residential Street
Reconstruction Project; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Contract with Cobb, Fendley & Associates, Inc.; and
WHEREAS, with this Contract the City of The Colony is agreeing to the services not to
exceed the amount of $296,499.00 for such work.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The Engineering Services Contract, having been reviewed by the City Council
of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and
its citizens, be, and the same is hereby, in all things approved.
Section 2. The City Manager is hereby authorized to execute the Contract on behalf of the
City of The Colony, Texas.
Section 3.This Resolution shall take effect immediately from and after its adoption and
it is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 8TH DAY OF NOVEMBER 2023.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
285
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
286
Agenda Item No:5.7
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution casting the city’s votes for David Terre to serve on the Denton
Central Appraisal District Board of Directors for a two-year term beginning January 1, 2024. (Council)
Suggested Action:
Attachments:
Board Nominees for 2024 Year.pdf
2024 Ballot Delivery for BOD all except large units.pdf
Res. 2023-xxx DCAD Board of Directors Vote.doc
287
Nominee Information
Denton Central Appraisal District Board of Directors
Your name has been submitted by a Denton County Entity as a candidate for the
2024 Denton CAD Board of Directors. Please complete the following information
and feel free to attach any additional information. Please retuꢀ this ꢁꢂ by Octobꢃr 26, 2023.
Alex Buck
Name
Highland Village. Texas. 75077
Address/City /Zip
214-908-5940 alexmaryb@me.com
Cell Phone E-mail
1.Are you a resident of Denton County?Yꢃꢄ/No
a.If yes, have you resided in Denton County for at
least two years immediately preceding the beginning
of this term?Yꢃꢄ/ꢅ
2.Are you, or have you ever been, an employee of a
taxing unit (County, City, School, Special District) in
Denton County?¥es/ꢇo
a.If yes, which taxing unit? ______ _
b.When?-----------
3.Are you, or have you ever been an employee of
4.
Denton CAD?¥ꢆ/ꢇo
a.If yes, what years were you employed? ____ _
Are you currently, or have you ever served as a voting
member of the Denton CAD Board of Directors?
a.If yes, what years have you served? 2021-2023
Yꢃꢄ/ꢅ
5.Do you directly or through a business entity have
substantial interest in a contract with Denton CAD or a
taxing unit that participates in the District?¥es/ꢇo
a.If yes, please list: ____________ _
6.Have you engaged in the business of appraising property
for compensation for use in proceedings under the
Property Tax Code during the last three years?¥ꢆ/ꢇo
7.Have you ever been engaged in the business of representing
property owners for compensation in the proceedings under
the Property Tax Code in Denton County in the
last three years?¥es/ꢇo
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289
290
291
Alicia M. McKinley
Lake Dallas, TX 75065
972-215-9028 aliciamckinleymed@gmail.com
292
The reason I want to serve on the CAD Board of Directors is to continue the work
of representing the public's best interest related to appearing before the board,
ensuring all groups of people are able to participate and have access to the board.
I want to ensure the general public is aware of the policies and how the board can
serve them.
I am a member of the Lake Dallas ISD School Board. I am an active member of
community and have the time and commitment to ensure I am present at meetings
and represent the best interest of the public according to the policy.
293
Nominee Information
Denton Central Appraisal District Board of Directors
Your name has been submitted by a Denton County Entity as a candidate for the
2024 Denton CAD Board of Directors. Please complete the following information
and feel free to attach any additional information. Pleasꢀ rꢀtuꢁ this ꢂrm by
o ꢀ/ꢁer 26
/
2023.
NN ꢀꢁtꢂ Name cꢀ,ꢁ. ꢀ ꢂm
Address/City/Zip 2ꢃ-ꢄ-ꢀ3q ꢁom,rꢂ;ꢃ@ꢄl cꢅꢆ Cell Phone E-mail'
1.Are you a resident of Denton County?@/No
a.If yes, have you resided in Denton County for at
2.
3.
4.
5.
6.
7.
least two years immediately preceding the beginning ꢀ, of this term?�No
Are you, or have you ever been, an employee of a
taxing unit (County, City, School, Special District) in
Denton County?
a.If yes, which taxing unit? ______ _
b.When?-----------
Are you, or have you ever been an employee of
Denton CAD? Yes9
a.If yes, what years were you employed? ____ _
Are you currently, or have you ever served as a voting
member of the Denton CAD Board of Directors?
a.If yes, what years have you served? _____ _
Do you directly or through a business entity have
substantial interest in a contract with Denton CAD or a
taxing unit that participates in the District?
a.If yes, please list: ____________ _
Have you engaged in the business of appraising property
for compensation for use in proceedings under the
Property Tax Code during the last three years?
Have you ever been engaged in the business of representing
property owners for compensation in the proceedings under
the Property Tax Code in Denton County in the
last three years?
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295
Nominee Information
Denton Central Appraisal District Board of Directors
Your name has been submitted by a Denton County Entity as a candidate for the
2024 Denton CAD Board of Directors.Please complete the following information
and feel free to attach any additional information.Please return this form by
October 26,2023.
Charles Stafford __________________________________________________
Name
Denton,TX 76209 _________________________________________________
Address/City/Zip
940-595-7253_______________charlesramseystafford@yahoo.com__
Cell Phone E-mail
1.Are you a resident of Denton County?Yes/No
a.If yes,have you resided in Denton County for at
least two years immediately preceding the beginning
of this term?Yes/No
2.Are you,or have you ever been,an employee of a
taxing unit (County,City,School,Special District)in
Denton County?Yes/No
a.If yes,which taxing unit?______________
b.When?________________________
3.Are you,or have you ever been an employee of
Denton CAD?Yes/No
a.If yes,what years were you employed?__________
4.Are you currently,or have you ever served as a voting
member of the Denton CAD Board of Directors?Yes/No
a.If yes,what years have you served?__since 2003__________
5.Do you directly or through a business entity have
substantial interest in a contract with Denton CAD or a
taxing unit that participates in the District?Yes/No
a.If yes,please list:___________________________
6.Have you engaged in the business of appraising property
for compensation for use in proceedings under the
Property Tax Code during the last three years?Yes/No
7.Have you ever been engaged in the business of representing
property owners for compensation in the proceedings under
the Property Tax Code in Denton County in the
last three years?Yes/No
296
8.Are you directly related to any employee of the Denton CAD?Yes/No
a.If yes,please list the degree of relation.___________
9.Do you currently own property on which delinquent taxes
have been owed to a taxing unit for more than 60 days or
are part of a suit to collect the delinquent taxes that have been
deferred or abated?Yes/No
10.Please give a brief statement on why you would be interested in serving on
the Denton Central Appraisal District Board of Directors.
__Service on the Denton CAD Board of Directors is an exercise in public service.
I believe in a government administered by citizen volunteers.The opportunity to
serve is a founding principle of our democracy.I have the time,experience and
skills to serve on this board and would deeply appreciate the opportunity to serve
another term.
______________________________________________________________
11.Please list any additional information you believe would be beneficial for
the Denton County Entities to know about you.
___The district is very high-performing compared to other,similar districts in
North Texas.We are entering into a prolonged period of unprecedented growth.
We have the people and the systems in place to manage that growth,and to give
excellent service to our taxpayers.
_____________________________________________________________
________________________________________________________________
________________________________________________________________
Return to:
Misty Baptiste -Denton Central Appraisal District
3911 Morse St.
Denton,TX 76208
misty.baptiste@dentoncad.com
297
Bio for David A. Johnson
Mr. Johnson is originally from the Midwest and is a 28-year resident
of Flower Mound. He has a 35-year career in finance and banking, is
married, and has two adult children.
Mr. Johnson has been involved in Flower Mound and Denton County
for more than 25 years in several capacities, including community and
charity-based activities.
Habitat for Humanity of Denton County – 5 years, Past Board President
Flower Mound Planning & Zoning Commissioner – 10 years and past Chairman
United Way of Denton County Project Blue Print Graduate – 2019
Active Rotarian for 15+ years
Wellington HOA Board of Directors – 6 years and several Officer Positions
Cross Timbers YMCA Board – 10 years, Board Chairman for 3 years
Flower Mound Summit Club Member – 10 years
LISD Facilities Advisory Committee 2016-2017
Flower Mound Chamber of Commerce Leadership Graduate
Grapevine Chamber Young Entrepreneurs Mentor
Active in several area Chambers of Commerce
Mr. Johnson – “I enjoy giving back to my community with my time, philanthropy, and ideas. I
believe it is important to give back, change lives, and leave a legacy. My non-profit work helps
me meet new people, learn about different facets of our society, and share my business
acumen. My volunteer work in local government allows me to give back, have input, be
informed and be part of the process.”
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299
300
Nominee Information
Denton Central Appraisal District Board of Directors
Your name has been submitted by a Denton County Entity as a candidate for the
2024 Denton CAD Board of Directors. Please complete the following information
and feel free to attach any additional information. Please return this form by
October 26, 2023.
Jared Eutsler
Name
Corinth, T exas 76210 ____________ _ Address/City/
Zip
407 -951-2448 jared.eutsler@unt.edu
Cell Phone E-mail
1.Are you a resident of Denton County?
a.If yes, have you resided in Denton County for at
least two years immediately preceding the beginning
of this term?
�No
2.
3.
4.
5.
6.
Are you, or have you ever been, an employee of a
taxing unit (County, City, School, Special District) in
Denton County?
a.If yes, which taxing unit? ______ _
b.When? __________ _
Are you, or have you ever been an employee of
Denton CAD?
a.If yes, what years were you employed? ____ _
Are you currently, or have you ever seꢀed as a voting
member of the Denton CAD Board of Directors?
a.If yes, what years have you served? _____ _
Do you directly or through a business entity have
substantial interest in a contract with Denton CAD or a
taxing unit that participates in the District?
a.If yes, please list: ____________ _
Have you engaged in the business of appraising property
for compensation for use in proceedings under the
Property Tax Code during the last three years?
ꢁꢂs�
ꢁꢂꢃ
ꢁꢂꢄ
7.Have you ever been engaged in the business of representing
property owners for compensation in the proceedings under
the Property Tax Code in Denton County in the
last three years?ꢁꢂ@
301
302
Nominee Information
Denton Central Appraisal District Board of Directors
Your name has been submitted by a Denton County Entity as a candidate for the
2024 Denton CAD Board of Directors. Please complete the following information
and feel free to attach any additional information. Please return this form by October 26, 2023.
Roy T. Atwood
Name
Carrollton, Texas 75007
Address/City/Zip
214-616-0528 royatwood@atwoodga meros. com
Cell Phone E-mail
1.Are you a resident of Denton County?Yes
a.If yes, have you resided in Denton County for at
least two years immediately preceding the beginning
of this term?Yes
2.Are you, or have you ever been, an employee of a
taxing unit (County, City, School, Special District) in
3.
4.
5.
6.
7.
Denton County?No
a.If yes, which taxing unit? ______ _
b.When? __________ _
Are you, or have you ever been an employee of
Denton CAD?
a.If yes, what years were you employed?
Are you currently, or have you ever served as a voting
member of the Denton CAD Board of Directors?
a.If yes, what years have you served? 2018 -present
Do you directly or through a business entity have
substantial interest in a contract with Denton CAD or a
taxing unit that participates in the District?
a.If yes, please list:
Have you engaged in the business of appraising property
for compensation for use in proceedings under the
Property Tax Code during the last three years?
No
Yes
No
No
Have you ever been engaged in the business of representing
property owners for compensation in the proceedings under
the Property Tax Code in Denton County in the
last three years? No
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307
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - ________
WHEREAS,the City of The Colony has joined in the formation of a Denton Central
Appraisal District; and
WHEREAS, the Denton County Chief Appraiser has notified each taxing entity that
voting is in order for establishing a new five member Board of Directors; and
WHEREAS, the Denton County Chief Appraiser has notified the City of its voting
entitlement of __________ (__) votes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THECOLONY, TEXAS:
That the City of The Colony votes are hereby cast for David Terre to serve on the
Denton Central Appraisal District Board of Directors for a two-year term beginning January 1,
2024.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, THIS 8TH DAY OF NOVEMBER, 2023.
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
308
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the
Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and
commercial or financial information the city has received from a business prospect(s), and to deliberate the
offer of a financial or other incentive to a business prospect(s).
Suggested Action:
Attachments:
309
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 8, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and
commercial or financial information the city has received from a business prospect(s), and the offer of a
financial or other incentive to a business prospect(s).
Suggested Action:
Attachments:
310