HomeMy WebLinkAboutCity Council-Agenda Packets-05/07/2019City of Colleyville Page 1
City of Colleyville
City Council
Agenda
City Hall
100 Main Street
Colleyville, Texas 76034
817.503.1000
www.colleyville.com
Tuesday, May 7, 2019
WORKSESSION
5:30 PM
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 Discussion of food/alcohol ratios
WS-2 SH26 median and right-of-way design update
WS-3 Discussion of new concert opportunities
WS-4 Discussion of Summer S.I.G.N. Program
WS-5 Discussion of the May 7, 2019, City Council regular agenda items
1.EXECUTIVE SESSION - In accordance with Texas Government
Code, Chapter 551, Subchapter D
Section 551.071 - Legal - Consultation with attorney on legal issues raised
by items on the agenda
Section 551.071 - Legal - Consultation with attorney regarding
contemplated and/or pending litigation, including:
•Glade Road eminent domain case for Parcel 150
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease,
or value of real property for City facilities, including:
•Glade Road Project Phases 1B and 2
•Acquisition of real property along SH26
Section 551.087 – Economic Development - Discuss or deliberate
regarding commercial or financial information the City has received from
business prospects the City seeks to have locate, stay, or expand in the
City and with which the City is conducting economic development
negotiations; deliberate the offer of a financial or other incentive to a
business prospect
City Council Agenda May 7, 2019
City of Colleyville Page 2
REGULAR MEETING
7:30 P.M.
CITY COUNCIL CHAMBERS
INVOCATION: Rabbi Charlie Cytron-Walker, Congregation Beth Israel
PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt
2.EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-19-4375
3.ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Proclamation in recognition of National Garden Week - June 2-7, 2019 -
Colleyville Garden Club members and Mayor Richard Newton
Proclamation in recognition of National Public Works Week, May 19 – 25,
2019 - Public Works Director Ray Silva-Reyes and Mayor Richard Newton
Presentation of the 2019 Receipt Race Winners - Mayor Richard Newton
and Assistant City Manager Adrienne Lothery
4.CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4376
4a Approval of the minutes of the regular City Council meeting of April
16, 2019
5.RESOLUTION(S): READING AND PUBLIC HEARING
5a Resolution R-19-4377
Denial of Oncor Electric Delivery Company LLC's application for
approval of a distribution cost recovery factor (DCRF) seeking to
increase electric distribution rates within the City
5b Resolution R-19-4378
Consideration of a Preliminary Plat for Lots 1-15, Block A, Lots 1-6,
Block B, Lots 1-6, Block C, Lot 1, Block D, Lot 1, Block E and Lot 1,
Block F of the Legacy North Addition, located at 712-810 Lavaca
Trail, Case PC18-011
City Council Agenda May 7, 2019
City of Colleyville Page 3
5c Resolution R-19-4379
Consideration of a Preliminary Plat for Lots 1-4, Block 1 of the
Precinct Line Retail Addition, located at 8060 Precinct Line Road,
Case PC19-002
5d Resolution R-19-4380
Consideration of a Final Plat for Lots 1, Block 1 of the Precinct Line
Retail Addition, located at 8060 Precinct Line Road, Case PC19-003
5e Resolution R-19-4381
Approval of a construction services agreement with The Fain Group,
Inc. for the Colleyville Plaza Project, in an amount not to exceed
$2,774,547.50, and authorizing the City Manager to execute the
agreement
6.TABLED: RESOLUTION(S) READING AND PUBLIC HEARING
6a Resolution R-19-4373
Request for a variance to certain provisions of Section 3.26,
Fences, Free Standing Walls, and Screening Materials on Lot
5, Block 2, of the Sunrise Terrace, located at 1117 Jo Carol Lane,
Case VC18-007
7.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
8.ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MAY 7,
2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4382
9.ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin board Friday, May 3,
2019 by 5:00 p.m.
Christine Loven, TRMC
City Secretary
City Council Agenda May 7, 2019
City of Colleyville Page 4
A quorum of any Colleyville board, commission, or committee may be present at
this meeting.
Any matter on this agenda may, at the discretion of the governing body, be
opened for public comment and discussion.
If you plan to attend this public meeting and have a disability that requires
special accommodations, please advise the City Secretary at least 48 hours in
advance at 817.503.1133, and reasonable accommodations will be made to assist
you.
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number WS-1 Agenda Date 5/7/2019
Type Worksession
Department Fire
Title
Discussion of food/alcohol ratios
Strategic Plan
Explanation
This item is to discuss the current food-to-alcohol requirements.
Attachments
1.Food-to-Alcohol Ratio Work Session
Work Session:
Food-to-Alcohol Ratio
May 7, 2019
Current Conditions for On-Premise Consumption
•Colleyville Municipal Code of Ordinances Section 6.5 – “Alcohol sales
must be incidental to the sale of food defined as 60% of gross receipts
from non-alcohol sales”
•Alcoholic beverage sale for on premise consumption requires an SUP
(i.e. a restaurant can’t sell alcohol without an SUP)
•Restaurants also must receive a permit from the TABC
•Restaurants submit quarterly report to City Secretary
•No definition for bar(s)
Food-to-Alcohol Ratio
Options to Consider
SUP
•Continue SUP for all alcohol sales for on-premise consumption
Restaurant
•Amend Section 6.5 to reduce the food-to-alcohol ratio
Bar
•Add a definition of bar(s) to Schedule of Permitted Uses in Chapter 3 of
the LDC; require an SUP; define zoning categories; and carve out from
Section 6.5 (i.e. wine bar, tasting room, distillery, brewery, etc.)
Food-to-Alcohol Ratio
Neighboring Cites
•Southlake (Ord. 907A, Feb. 16, 2016)
–Restaurant – alcohol sales 75% or less
–Bar/tavern – alcohol sales 75% or greater
•Grapevine (Ord. 85-39, Aug. 20, 1985)
–Restaurant – alcohol/food 50/50
–Exception allows for wineries, breweries, distilleries with tasting rooms
•Euless (Ord. 1133, March 22, 1994)
–Alcohol sales 50/50
•North Richland Hills (Ord 2752, Nov. 24, 2003)
–Alcohol 75% or less permitted; 75% or more requires permit from P&Z
•Keller (Ord. 699, April 20, 1993)
–Alcohol sales 75% or less
Food-to-Alcohol Ratio
Why consider a change?
•Competition for same tenants as neighbors
•Missed or unknown opportunities
•Provide places for residents to frequent in Colleyville
•Additional non-property tax revenue
Food-to-Alcohol Ratio
Work Session:
Food-to-Alcohol Ratio
May 7, 2019
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number WS-2 Agenda Date 5/7/2019
Type Worksession
Department City Manager
Title
SH26 median and right-of-way design update
Strategic Plan
5.1 Create and sustain an identifiable Colleyville brand
Explanation
The purpose of this worksession item is to conduct a follow-up discussion regarding
SH26 medians and right-of-way (ROW) design. At the February 19, 2019 City Council
worksession, MESA (the City's design consultant) provided a presentation reviewing
details of the selected "ribbon" concept, as well as some general feedback on priorities
for the corridor. At that meeting, the City Council requested changes to the median
design and additional cost projection information.
This particular discussion will allow for the presentation of an updated conceptual
design for the medians, as well as a discussion of the desired public input process,
which will be the next stage of the process. A breakdown of cost components will also
be provided.
Attachments
1.SH26 Design Development Presentation
TX State Highway 26
May 07, 2019
Project: 18023
1. Design and Cost Update
2. Council Feedback
3. Discuss Next Steps
COLLEYVILLE
PACKAGE
BIDDING
(+/- 2 MONTHS)
CONTRACTOR
MOBILIZATION
AND
NEGOTIATION
(+/- 2 MONTHS)
COLLEYVILLE
PACKAGE
CONSTRUCTION
LIGHTING
PACKAGE
CONSTRUCTION
COLLEYVILLE
CONSTRUCTION PLANS
100% CD SET
STAGE 1:
VISIONING, CONCEPTUAL DESIGN, BUDGETING
STAGE 2 & 3
CONSTRUCTION DOCUMENTS, CONSTRUCTION OBSERVATION
DATA
COLLECTION,
PROJECT
KICKOFF,
CORRIDOR
ASSESSMENT CONCEPTUAL DESIGN
SCHEMATIC
DESIGN
CONSTRUCTION
DOCUMENTATION
BIDDING &
CONTRACTING
+/- 1 MONTH
CONSTRUCTION
OBSERVATION
+/- 2 MONTHS +/- 2 MONTHS +/- 10 MONTHS +/- 4 MONTHS TBD
POST
CONTRACT
SERVICES
SITE
INVENTORY /
ANALYSIS VISION20% CD SET
SEPT. ‘18 NOV ‘18
TODAY
Feb 19th
SEPT. ‘19 JAN. ‘20
DESIGN DEVELOPMENT
CONCEPT DESIGN /
PROGRAMMING
PROJECT KICK-OFF
MANUFACTURE
BIDDING &
CITY COUNCIL
APPROVAL
SPRING 2019
COLLEYVILLE
DESIGN PACKAGE PUBLIC
ENGAGEMENT
C
DES
LIGHTING PACKAGE
DESIGN REFINEMENT
REFINEMENTVISUAL MODELING
DETAILED DESIGN
PERMIT COORDINATION
OPINIONS OF COST
MANUFACTURE
DDING &BID
Y COUNCIL CITY
PPROVALAP
ING 2019SPR
KAGELIGHTING PAC
EMENTDESIGN REFINE
AL MODELING
AILED DESIGN
CITY REVIEW AND COMMENT
PERMIT
OPINREFINEMENTVISU
DETA
SCHEMATIC DESIGN
1
LIGHTING
PACKAGE
2
TxDOT
PACKAGE
3
COLLEYVILLE
PACKAGEVISIONVISUAL MODELING
INITIAL CONCEPT PROGRAMMING
OPINIONS OF COST
AND PROGRAM FINALIZATION CITY COUNCIL PRESENTATIONTODAY
N DEVELOPMENTDESIGN
May 07, 2019 | Project: 18023
DESIGN DEVELOPMENTDesign Schedule Update
PROJECT WORK STREAM
Median Design at Gateways May 07, 2019 | Project: 18023
DESIGN DEVELOPMENT
Median Design in Transition Zones May 07, 2019 | Project: 18023
DESIGN DEVELOPMENT
Median Design at Downtown Core May 07, 2019 | Project: 18023
DESIGN DEVELOPMENT
Medians and Parkway Design May 07, 2019 | Project: 18023
DESIGN DEVELOPMENT
Median Design at Gateways Median Design at Downtown CoreMedian Design in Transition Zones
Pastoral Gateway May 07, 2019 | Project: 18023
DESIGN DEVELOPMENT
May 07, 2019 | Project: 18023
DESIGN DEVELOPMENTMain Street
May 07, 2019 | Project: 18023
DESIGN DEVELOPMENTCreekside Gateway
May 07, 2019 | Project: 18023
DESIGN DEVELOPMENTAdditive Alternates
DESIRABLE ADDITIONS
• Renovation of Existing Phase 1 Median Landscape
• Flagstone Paving at Gateway Elements (Accommodating Bike Traffic)
• Stone Veneer on TxDOT Walls
• Median Tree Uplighting (Tree Uplighting in Downtown Medians
Currently Included in Budget)
• Median and Parkway Landscape South of Creekside Gateway
Extending to TxDOT Limit of Work
NEXT STEPS
1. Integrate Council Feedback
2. Public Communication/Engagement
• Prepare Presentation Boards
• Chamber of Commerce Club
• Colleyville Women’s Club
• City Park
• Friday Night Flights
• Open Houses at Colleyville Center For HOAs and Businesses
3. Design Refinement/Construction Documentation
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number WS-3 Agenda Date 5/7/2019
Type Presentation and Discussion
Department City Manager
Title
Discussion of new concert opportunities
Strategic Plan
5.2 Support a variety of community events, concerts and celebrations
Explanation
Through partnership with the Apex Arts League, City staff has been looking into
opportunities to bring additional performing arts to Colleyville.
One such opportunity is a concert featuring the Trio Kavanah. The Chamber of
Commerce has also expressed interest in partnering on this type of event and has
planned for Trio Kavanah to perform at a Chamber mixer event at City Hall on
Thursday, September 12. The City would like to offer a concert featuring Trio
Kavanah, that is free and open to the entire community on Sunday, September 29, at
the Colleyville Center. The concert would be held in conjunction with an open house to
reveal the new outdoor patio area at the Center.
Bringing the Fort Worth Symphony Orchestra (FWSO) to Colleyville as a second
concert opportunity has been identified. The FWSO is available on the following dates
for a fee of $20,000. Funding to provide such an event could be considered from the
HOT Fund, which would allow the concert to be free to the public.
Saturday, February 15, 2020
Friday, February 21, 2020
Sunday, February 23, 2020
If the City Council is interested in hosting the FWSO, staff will work with Apex Arts
League to find a location that meets the symphony's requirements.
Attachments
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number WS-4 Agenda Date 5/7/2019
Type Presentation and Discussion
Department City Manager
Title
Discussion of Summer S.I.G.N. Program
Strategic Plan
4.2 Encourage compatible commercial growth
Explanation
This agenda item provides for discussion of the next program to support business
during SH26 construction.
Attachments
1.Summer Sign Program
Summer Promotional Program
Discussion
May 7, 2019
Summer SIGN Program
Summer SIGN Program
•Program Details:
–Focus on enhanced quality (as recommended by ARC)
•Channelized or channel lit letters; external lighting of sign face;
opaque boxes
•Stone and brick; high quality materials; stone engraved sign face
–50% matching grant up to $5,000
–Subject to review/approval by the City
–Approval: Council or staff?
–Initial program budget of $50,000; can appropriate additional
funding at a later date, if needed
Questions and Discussion
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number WS-5 Agenda Date 5/7/2019
Type Worksession
Department City Secretary
Title
Discussion of the May 7, 2019, City Council regular agenda items
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 1 Agenda Date 5/7/2019
Type Executive Session
Department City Secretary
Title
Section 551.071 - Legal - Consultation with attorney on legal issues raised by items
on the agenda
Section 551.071 - Legal - Consultation with attorney regarding contemplated
and/or pending litigation, including:
Glade Road eminent domain case for Parcel 150
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value
of real property for City facilities, including:
Glade Road Project Phases 1B and 2
Acquisition of real property along SH26
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information the City has received from business prospects
the City seeks to have locate, stay, or expand in the City and with which the City is
conducting economic development negotiations; deliberate the offer of a financial
or other incentive to a business prospect
Attachments
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 3 Agenda Date 5/7/2019
Type Announcements, Proclamations, and Presentations
Department Public Works
Title
Proclamation in recognition of National Garden Week - June 2-7, 2019 - Colleyville
Garden Club members and Mayor Richard Newton
Proclamation in recognition of National Public Works Week, May 19 – 25, 2019 -
Public Works Director Ray Silva-Reyes and Mayor Richard Newton
Presentation of the 2019 Receipt Race Winners - Mayor Richard Newton and
Assistant City Manager Adrienne Lothery
Attachments
1.National Garden Week 2019 Proclamation
2.National Public Works Week 2019 Proclamation
RESOLUTION R-19-4376
A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER
CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF
MAY 7, 2019
WHEREAS,City Council has taken action on certain items on the agenda
under Consent Items.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1.THAT the agenda decisions approved by City Council action
under Consent Items as follows are hereby adopted:
a. Approval of the minutes of the regular City Council meeting of
April 16, 2019
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 7TH DAY OF MAY
2019.
Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye
Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye
Place 4, George Dodson Aye Place 5, Chuck Kelley Aye
Place 6, Callie Rigney Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
City of Colleyville Page 1
City of Colleyville
City Council
Minutes - Draft
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, April 16, 2019 CITY COUNCIL CHAMBERS
Mayor Richard Newton called the Colleyville City Council Worksession to order on
Tuesday, April 16, 2019, at 5:30 p.m.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley
and Callie Rigney.
ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood,
Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief
Mark Cantrell, Community Development Director Ben Bryner, Public Works
Director Ray Silva-Reyes, Parks and Recreation Director Lisa Escobedo,
Community Relations Specialist Erin Spicer, City Attorney Whitt Wyatt, and City
Secretary Christine Loven.
WS-1 Presentations by local agencies (Alliance for Children, Catholic Charities,
Grapevine Relief and Community Exchange, Metroport Meals on Wheels,
Special Needs Assistance Partners, and Safe Haven) seeking grants from
the City of Colleyville
Each of the agencies gave a presentation highlighting the community services
each provides and answered questions of the City Council.
The City Council thanked each organization and noted their requests will be
considered during the budget worksessions.
WS-2 Discussion of the April 16, 2019, City Council regular agenda items
There was no discussion of this item.
Mayor Newton adjourned the worksession at 6:30 p.m.
Mayor Newton called the Executive Session to order at 6:31 p.m. and called the
roll.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley
and Callie Rigney.
1.EXECUTIVE SESSION - In accordance with Texas Government Code,
Chapter 551, Subchapter D
City of Colleyville Page 2
City Council Minutes - DRAFT April 16, 2019
Section 551.071 - Legal - Consultation with attorney on legal issues raised
by items on the agenda
Section 551.071 - Legal - Consultation with attorney regarding contemplated
and/or pending litigation, including:
Glade Road eminent domain case for Parcel 150
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or
value of real property for City facilities, including:
Glade Road Project Phases 1B and 2
Acquisition of real property along SH26
Acquisition of right-of-way along Westcoat Drive
Section 551.074 - Personnel - City Manager update regarding personnel
evaluations and compensation
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information the City has received from business
prospects the City seeks to have locate, stay, or expand in the City and with
which the City is conducting economic development negotiations; deliberate
the offer of a financial or other incentive to a business prospect
Mayor Newton explained the Executive Session had been called in accordance with
the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal,
Section 551.072, Real Estate, Section 551.087 – Personnel, and Section 551.087,
Economic Development. He further explained there would be no decisions made or
action taken during this time. Executive Session was adjourned at 7:03 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor
Newton at 7:32 p.m.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley
and Callie Rigney.
INVOCATION: Pastor Jay Franks, Compass Christian
PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-19-4371
Mayor Newton read Resolution R-19-4371 in its entirety.
City of Colleyville Page 3
City Council Minutes - DRAFT April 16, 2019
Assistant City Manager Adrienne Lothery explained the grant for $10,000 would be
provided to Bellissimo’s under the Business Enhancements to Support Transformation,
(B.E.S.T) program. Manager Lothery noted the owner plans to make
approximately $30,000 worth of improvements to include channel signage,
awnings, and painting.
Mayor Newton opened the public hearing at 7:36 p.m.
Claudia Bevill, 119 Cheek-Sparger Road, thanked Bellissimo’s for reopening.
There were no others present wishing to speak and Mayor Newton closed the
public hearing at 7:37 p.m.
Councilmember Nakamura made a motion to approve Resolution R-19-
4371, Councilmember Wheat seconded the motion.
The motion to approve carried with the following vote:
Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck
Kelley, and Callie Rigney.
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Mayor Newton and the City Council made the following announcements:
Sales Tax Receipts Up, Again: The Texas Comptroller’s Office has posted the
most recent sales tax allocation information, which reflects purchases made in
February. This is the fifth month of sales tax reported for Fiscal Year 2019. The
1% General Fund and ½% Colleyville Economic Development Corporation (CEDC)
sales tax are up +4.56% compared to the same month last year. The ½%
Colleyville Crime Control & Prevention District is up +5.58% compared to the
same month last year. This is better than all of our neighboring cities except
Grapevine.
GCISD PTA Receipt Race is underway (ends April 30) so hopefully sales will
continue to increase! The PTA parents, teachers and students are making a
difference. This is such as great partnership. We will be recognizing the winning
PTAs at our May 7 Council meeting. Once that wraps up, we will be launching our
next initiative, our Summer S.I.G.N. program. That stands for Sign Improvements
to Get you Noticed. This new program will focus on providing businesses in
Colleyville with 1:1 matching grant money, up to $5,000 for new signage or sign
enhancements.
City of Colleyville Page 4
City Council Minutes - DRAFT April 16, 2019
City Plaza Update: Last week, staff and our team from Freese & Nichols held a
non-mandatory Pre-Bid meeting for all contractors interested in bidding on the
Plaza project. We had great attendance with 12 different general contractors
represented. Bids for the Plaza are scheduled to be opened on April 23 and
presented to Council May 7. We have included liquidated damages in the contract
to emphasize the importance of project completion by early/mid November.
Arbor Day & Kids Fishing Day: Stop by the Colleyville Nature Center on
Saturday, April 27 from 10 am-noon to celebrate Arbor Day with the Parks &
Recreation Department. We will have Shoal Creek Vitex, Lagerstroemia Centennial
Spirit, and Sawtooth Oaks available, two per family for the first 250 people. We
will also have Arbor Day shirts, while supplies last. Bring the kids out to fish too!
The pond will be freshly stocked with catfish. Poles and bait will be available by the
TX Junior Anglers. Trophies will be awarded, by age group, for the largest fish
caught. There will also be door prize giveaways throughout the event for the
children fishing (tool boxes, fishing poles, camping gear, etc.).
Colleyville Student Organizes Clean-up at Nature Center: Amelia Phoenix, a
fourth-grade student at Glenhope, has organized a team of 30+ fellow students to
volunteer for a ‘clean up’ event at the Colleyville Nature Center. This event is
taking place as part of a field trip outing for students taking part in the ASPIRE
program. The event was to take place from noon to 2 PM at the Colleyville Nature
Center on April 17. But due to expected bad weather it has been rescheduled to
May 1st. If you have a moment, please stop by as a show of support for Amelia
and her desire to serve our community
Garden Club Tree Donation: A special thank you to Dee Ann Rhodes and the
Colleyville Garden Club for their interest in donating an Arizona Cypress to the
City, for planting specifically at the Colleyville Center in honor of Arbor Day. A
short dedication event will take place on April 24 at 11:30 AM outside the
Colleyville Center. This is in addition to the $10K donation to the Center for a
fountain and landscaping for the Bluebonnet Garden Courtyard. Thank you
Colleyville Garden Club!
Grapevine Colleyville Education Foundation Golf Tournament: Last week
members of our Colleyville leadership team volunteered to work a few hours at the
2019 Classic Golf Tournament hosted by the Grapevine Colleyville Education
Foundation. This wonderful event benefits the students and teachers at GCISD.
The City is fortunate to have an exceptional school district and foundation and we
thank those who work so hard to ensure our children receive an exceptional
education.
Concerts in The Village: Please come have fun with family, friends, and free
music Friday, April 26 at 7pm in front of City Hall! The April 26 concert will feature
The Trinity River Ramblers playing authentic American music with an edge and
City of Colleyville Page 5
City Council Minutes - DRAFT April 16, 2019
energy that will make you notice! They'll be covering a wide range of favorites
including Pat Green, Robert Earl Keen, Van Morrison, Jimmy Buffet, and The
Rolling Stones. Attendees are encouraged to bring blankets or chairs to sit on the
lawn. The concert is family-friendly and free; no ticket or advance registration is
required.
Drug Take Back: The Colleyville Police Department and the Drug Enforcement
Administration (DEA) will give the public the opportunity to prevent pill abuse and
theft by ridding their homes of potentially dangerous expired, unused, and
unwanted prescription drugs. Community members can bring their pills for
disposal from 10 a.m. to 2 p.m. on Saturday, April 27, to the Senior Center. (The
DEA cannot accept liquids or needles or sharps, only pills or patches.) The service
is free and anonymous, no questions asked. Colleyville Police are offering a drive-
through service for easier drug disposal.
CWC Fashion Show: The Colleyville Women’s Club had a very successful fashion
show Friday. The city was well represented. All council members were there
volunteering and participating as well as their spouses (except Linda). All of the
Colleyville leadership team was there – City Manager Jerry Ducay (and 3 family
members), Assistant City Managers Adrienne Lothery and Mark Wood, Police Chief
Michael Miller, and Public Works Director Ray Silva Reyes – and all of our friends
from the Colleyville Chamber.
Meeting with Colleyville Baseball Association: Councilmember Callie Rigney,
Mayor Newton, City Manager Jerry Ducay, Assistant City Manager Adrienne
Lothery, Park Director Lisa Escobedo, and Park Supervisor Chris Haworth, met
with the Colleyville Baseball Association (CBA) leadership: President Jon Holzaphel,
Vice President Troy Hansen, Commissioner Michael Wang, Treasurer Allison Love
and Coach Jay Finnigan. We asked for the meeting since the City is starting budget
planning process and we wanted to insure the City is in alignment with the short
term and long term plans of the CBA. We discussed several items of importance:
foul ball safety, new scoreboards, and field maintenance. The CBA will send their
planning list and prioritizations to the City for assessment and will meet again to
discuss how to incorporate as many of those items as possible. The City and the
CBA did agree to split the cost of new scoreboards with the City paying for the
installation. This will be done this summer. The CBA did present their
organizational strategic pillars: Safety, Respect and Branding. These are
outstanding concepts to teach young people involved in the CBA.
Proclamation in recognition of Arbor Day - Parks and Recreation
Director Lisa Escobedo and Mayor Newton
Parks and Recreation Director Lisa Escobedo thanked the Mayor and
Councilmembers and staff for the proclamation which Mayor Newton presented in
recognition of Arbor Day and encouraged citizens to participate in the Arbor Day
events.
City of Colleyville Page 6
City Council Minutes - DRAFT April 16, 2019
In recognition of the Featured Business of the Month - Pirate Island
Pools, owner Juli Gerrard, 1101 Cheek-Sparger Road, - Mayor
Richard Newton and Assistant City Manager Adrienne Lothery
Mayor Richard Newton and Assistant City Manager Adrienne Lothery recognized
Pirate Island Pools, 1101 Cheek-Sparger Road, owned by Juli Gerrard, as the
featured business of the month and thanked them for supporting Colleyville.
Ms. Gerrard thanked the City Council for the recognition and stated she loves
Colleyville and is glad to be here.
4.CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4372
4a Approval of the minutes of the regular City Council meeting of April 2,
2019
Mayor Newton read Resolution R-19-4372 in its entirety.
Mayor Newton opened the public hearing at 8:02 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 8:02 p.m.
Councilmember Dodson made a motion to approve Resolution R-19-4372,
Mayor Pro Tem Lindamood seconded the motion.
The motion to approve carried with the following vote:
Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck
Kelley, and Callie Rigney.
5. ITEMS NOT FOR CITY COUNCIL ACTION
Monthly Financial Report - March 31, 2019
Assistant City Manager Mark Wood presented this item, reviewed each of the
accounts, and noted the City is financially sound.
At 8:10 p.m. Mayor Newton asked if there was anyone present wishing to speak
regarding Ordinance O-19-2079. As there was no one presenting waiting to speak
on this item, Mayor Newton stated he will return to this item following the
completion of the other items on the agenda. This item was addressed at 9:12
p.m.
City of Colleyville Page 7
City Council Minutes - DRAFT April 16, 2019
6.ORDINANCE(S): SECOND READING AND PUBLIC HEARING
6a Ordinance O-19-2079
Ordinance O-19-2079 - Consideration of amendments to the Land
Development Code, specifically Chapter 2 – Definitions
Mayor Newton read the caption of Ordinance O-19-2079.
Community Development Director Ben Bryner went through the definitions with
City Council.
There was discussion on several definitions.
Mayor Newton opened the public hearing at 10:07 p.m.
Amanda Pillai, 6900 Upland Lane, asked for clarification of the definitions of
sidewalks and streets.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 10:09 p.m.
Mayor Pro Tem Lindamood made a motion to approve Ordinance O-19-
2079, with an amendment to the fence definition to read: Fence. A barrier
closing or bordering a field, yard, etc., typically made of posts, wire, wood, or
wrought iron, and used to prevent entrance, to confine, or to mark a boundary.
An open fence is one in which the vertical surface is not less than seventy-five
(75) percent open. A privacy fence is one in which the vertical surface is twenty-
five (25) percent or greater opaque. A solid fence is one in which the vertical
surface is greater than twenty-five (25) percent opaque and may be considered as
a screening element. Councilmember Rigney seconded the motion.
The motion to approve carried with the following vote:
Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck
Kelley, and Callie Rigney.
7.RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-19-4373
Resolution R-19-4373 - Request for a variance to certain provisions of
Section 3.26, Fences, Free Standing Walls, and Screening Materials on
Lot 5, Block 2, of the Sunrise Terrace, located at 1117 Jo Carol Lane,
Case VC18-007
Mayor Newton read Resolution R-19-4373 in its entirety.
City of Colleyville Page 8
City Council Minutes - DRAFT April 16, 2019
Community Development Director Ben Bryner presented this item.
There was general discussion regarding the Land Development Code and
applicability to the request.
Mayor Newton opened the public hearing at 8:31 p.m.
Harold Whitten, 1209 Garry Lynne Drive, Mike Sartairi, 1120, 1124, 1128 Glade
Road; Amy Edgell, 116 Jo Carol; Dorothy Jenkins, 1200 Garry Lynne Drive; spoke
in opposition to the request.
Teri Scholtheis, 1109 Gary Lynn Drive and Karla Lorenzen, 1005 Jo Carol filed
speaker cards in opposition to this item and each presented petitions from nine
residents on Jo Carol and eight residents on Garry Lynn Drive in opposition to this
item.
Haneen Manmood, 12928 Conifer Lane, Euless, filed a speaker card in support of
this item.
There were no others present wishing to speak and Mayor Newton closed the
public hearing at 8:47 p.m.
Following discussion, the Mayor and City Council directed staff to provide
clarification on the variance request.
Mayor Newton made a motion to table Resolution R-19-4373,
Councilmember Kelley seconded the motion.
The motion to table carried with the following vote:
Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck
Kelley, and Callie Rigney.
8.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
Kathy Hadley, 204 North Timberline, spoke regarding amenities at the Colleyville
Senior Center for aging residents, portable restrooms at Colleyville Nature Center,
code enforcement and complaints regarding flowers in pastures.
Natalie Genco, 1104 John McCain Road, thanked the City Council for their work
and interaction with the Governor’s Office and for pushing back on developers.
She also discussed trees needing to be trimmed by the City.
City of Colleyville Page 9
City Council Minutes - DRAFT April 16, 2019
Claudia Bevill, 119 Cheek-Sparger Road, spoke regarding the work of the City
Council and expressed her appreciation.
9.REPORTS
Colleyville Library Board Minutes - February 11, 2019
There was no discussion of this item.
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 16,
2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4374
This resolution was not needed.
11.ADJOURNMENT
There being no further business before the City Council, Mayor Newton adjourned
the City Council meeting at 10:29 p.m.
APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 7TH DAY OF MAY 2019.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 5a Agenda Date 5/7/2019 Number Resolution R-19-4377
Type Resolution
Department City Manager
Title
Denial of Oncor Electric Delivery Company LLC's application for approval of a
distribution cost recovery factor (DCRF) seeking to increase electric distribution rates
within the City
Strategic Plan
2.1 Provide responsive, efficient city services
Explanation
Reading and Public Hearing
On April 8, Oncor Electric Delivery Company filed an Application for Approval of a
Distribution Cost Recovery Factor (DCRF). This is Oncor’s second such filing under a
law adopted in 2011 allowing electric utilities to file limited issue, limited review rate
cases. In the filing, Oncor is seeking an increase in distribution revenues of
$29,433,804 by increasing distribution rates within each of the cities in their service
area.
The attached resolution denies the DCRF application proposed by Oncor. The Public
Utility Commission of Texas’s rules allow cities 60 days to act on this application. The
resolution also authorizes the City to join with the Steering Committee of Cities Served
by Oncor (of which the City of Colleyville is a member) to evaluate the filing, determine
whether the filing complies with law, and if lawful, to determine what further strategy,
including settlement, to pursue.
Financial Impact
Approval of the attached resolution denying the DCRF application requires Oncor to
continue charging its existing rates to customers within the City of Colleyville.
Recommendation
Approve
Attachments
1.Resolution R-19-4377
RESOLUTION R-19-4377
DENIAL OF ONCOR ELECTRIC DELIVERY COMPANY, LLCS
APPLICATION TO AMEND ITS DISTRIBUTION COST RECOVERY
FACTOR PURSUANT TO 16 TEX. ADMIN. CODE § 25..243 TO
INCREASE DISTRIBUTION RATES WITHIN THE CITY OF COLLEYVILLE
WHEREAS, the City of Colleyville, Texas (“City”) is an electric utility
customer of Oncor Electric Delivery Company LLC (“Oncor” or
“Company”), and a regulatory authority with an interest in the
rates and charges of Oncor; and
WHEREAS, the City is a member of the Steering Committee of Cities Served
by Oncor (“OCSC”), a membership of similarly situated cities
served by Oncor that have joined together to efficiently and
cost effectively review and respond to electric issues affecting
rates charged in Oncor’s service area; and
WHEREAS, on or about April 8, 2019 Oncor filed with the City an
Application for Approval to Amend its Distribution Cost
Recovery Factor (“DCRF”), PUC Docket No. 49427, seeking to
increase electric distribution rates by approximately
$29,433,804; and
WHEREAS, all electric utility customers residing in the City will be impacted
by this ratemaking proceeding if it is granted; and
WHEREAS, Cities are coordinating their review of Oncor’s DCRF filing with
designated attorneys and consultants to resolve issues in the
Company’s application; and
WHEREAS, City members and attorneys recommend members deny the
DCRF.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1.THAT the City is authorized to participate with OCSC in PUC
Docket No. 49427.
Sec. 2.THAT subject to the right to terminate employment at any time,
the City of Colleyville hereby authorizes the hiring of the law firm
of Lloyd Gosselink Rochelle & Townsend, P.C. and consultants to
Resolution R-19-4377
Page 2 of 2
negotiate with the Company, make recommendations to the City
regarding reasonable rates, and to direct any necessary
administrative proceedings or court litigation associated with an
appeal of this application filed with the PUC.
Sec. 3.THAT the rates proposed by Oncor to be recovered through its
DCRF charged to customers located within the City limits, are
hereby found to be unreasonable and shall be denied.
Sec. 4.THAT the Company shall continue to charge its existing rates to
customers within the City.
Sec. 5.THAT the City’s reasonable rate case expenses shall be
reimbursed in full by Oncor within 30 days of presentation of an
invoice to Oncor.
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON
THIS THE 7TH DAY OF MAY 2019.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood _____
Place 1, Tammy Nakamura Place 5, Chuck Kelley
Place 3, Kathy Wheat Place 6, Callie Rigney
Place 4, George Dodson
ATTEST:CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 5b Agenda Date 5/7/2019 Number Resolution R-19-4378
Type Regular Agenda Items
Department Community Development
Title
Consideration of a Preliminary Plat for Lots 1-15, Block A, Lots 1-6, Block B, Lots 1-6,
Block C, Lot 1, Block D, Lot 1, Block E and Lot 1, Block F of the Legacy North Addition,
located at 712-810 Lavaca Trail, Case PC18-011
Strategic Plan
4.1 Protect Colleyville's semi-rural residential character
Explanation
Reading and Public Hearing
Keith Hamilton, the applicant, has submitted a request for a Preliminary Plat for Legacy
North Addition, being Lot C, Tracts 1B02A, 1B2, 1B3, and 1B4, Abstract 1154, in the R
H McEwing Survey, being approximately 17.32 acres and zoned PUD-R Planned Unit
Development Residential. The purpose is to subdivide the three properties into 25
Single Family Residential lots and five open space lots. The PUD-R zoning also allows
for gated, private streets.
Existing Conditions/Background: The subject property currently is undeveloped.
Lavaca Trail currently provides the only street frontage to the property. The
preliminary plat for consideration proposes to divide the PUD-R area into 25 single-
family residential lots and 5 open spaces lots.
Lot Dimensions and Setbacks: Per Ordinance O-19-2075, the PUD-R zoning
regulations require the following R-20 district standards:
Minimum Lot Area: 20,000 square feet
Minimum Lot Width: 100 feet
Minimum Lot Depth: 125 feet
Minimum Front Yard Setback: 30 feet
Minimum Side Yard Setbacks: 10 feet
Minimum Rear Yard Setback: 25 feet
Maximum Lot Coverage: 30 percent
As submitted, the proposed plat meets all of the requirements of the PUD-R zoning.
Surrounding Development: All of the surrounding property has developed with
City Council Agenda Briefing 5b
City of Colleyville Page 2
single-family residences using a variety of zoning classifications including: R-40, R-20,
and PUD-R.
Analysis: The applicant has adjusted the zoning of the property from R-40 to PUD-R in
2018 for the purpose of creating a subdivision similar to the Legacy subdivision to the
south. The proposed plat creates 25 single family residential lots and five open space
lots. The PUD-R also allows for gated, private streets. Access for the subdivision will
occur off Lavaca Trail. A 30’ emergency access easement located to the east of the
main subdivision entrance is proposed to be in accordance with subdivision regulations.
Fees: Park Land Dedication fees are required in the amount of $1,802 per residential
lot. Park Land Dedication fees are due prior to filing the Final Plat for record. Impact
Fees are also required per Chapter 13 (Impact Fees) of the Land Development Code
and are due prior to the issuance of a Building Permit.
Tree Preservation: Any subdivision of the subject property must comply with Chapter
5 (Urban Forestry) of the Land Development Code. Where any tree is slated for
removal, no site grading, dirt disturbance or new construction may occur on the
property until a Tree Removal Permit has been issued that is associated with an
approved Tree Preservation Plan.
In addition to the requirements for submittal of a Tree Removal Permit and Tree
Preservation Plan, future development on the site must maintain the minimum existing
protected tree canopy coverage as required in Chapter 5.
Staff Recommendation: Staff recommends approval. The proposed Preliminary Plat
meets the requirements of the PUD-R and the Land Development Code.
Planning & Zoning Commission Recommendation: The Planning & Zoning
Commission recommended approval of the Preliminary Plat at their April 8, 2019
meeting by a vote of 4-0.
Financial Impact
There is no fiscal impact for the City of Colleyville with this item.
Recommendation
Approve
Attachments
1.Aerial Map
2.Zoning Map
3.Future Land Use Map
4.Preliminary Plat
5.Drainage Plan
6.Grading Plan
City Council Agenda Briefing 5b
City of Colleyville Page 3
7.Erosion Control Plan
8.Sanitary Sewer Plan
9.Plan and Profile
10.Tree Preservation Plan
11.HOA Agreements
12.Resolution R-19-4378
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Aerial Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
PC18-011 K
Subject Property
712 - 810 Lav aca Trail
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LANTANACOURTR-20
R-20
R-20
PU D-R PU D-R PU D-R
R-20
PU D-R
Zoning Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
PC18-011 K810-712 Lavaca Trail
Subject Property
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Future Land Use Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
PC18-011 K
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REMINGTON PARK
V8 (10/22/18)
TO: Kosse Maykus, Developer of Legacy North
FR: Remington Park, Colleyville
Our current thinking: It has been the collective contributions of several board members and
homeowners of Remington Park to create and deliver our thinking, suggestions, and desires. To ensure
that Remington Park homeowner value and neighborhood value is maintained and/or improved, we
request that the developer of Legacy North, Kosse Maykus, affirmatively embrace and approve the
below mentioned points:
FENCE:
• To be installed along the entire northern boundary of Legacy North adjoining Remington Park by
the developer prior to the excavation of dirt
• To begin at the western edge of Remington Park Lot 11 (619 Terrace Lane) through the eastern
edge of Lot 15, then wrap south through to the southern boundary of Lot 18 (509 Belmont
Drive).
• Will be wood (cedar plank), capped on top, and 6’ in height (similar to scope and style of Legacy
Estate Neighborhood). All metal poles to also be capped.
• Exposed, capped metal posts to be utilized with post exposure facing Legacy North lots
• Stain of wood fence will be medium brown in color
• Tear down, removal and all costs associated with the existing fences on Remington Park
properties from 603 to 619 Terrace Lane will be the sole responsibility of the developer of
Legacy North and his chosen fence builder
• Chosen fence removal and installation company will proactively communicate with each
impacted homeowner of Remington Park as follows:
o Fence removal and installation will each be managed at a rate of approximately 1
property per day
o Written communication at least two weeks prior to removal and installation of fence
indicating the day of removal and installation and contact information
o Chosen fence company representative will contact each homeowner reconfirming the
date for fence removal/installation and contact information at least 5 days prior to
removal and installation
• Fence along the east side of the Legacy North neighborhood beginning at the southern
boundary of Lot 18 (509 Belmont Drive) will be a wrought iron fence with the same look, feel,
and function as that currently installed on the east side of the Legacy Estates neighborhood
TREE PRESERVATION EASEMENT:
• Per observation, discussion, and proposal by the developer of Legacy North, we agree that the
importance of tree preservation is necessary
• Tree Preservation Easement will be a minimum of 30’ from the north side of Legacy North
property line with no removal of currently identified trees unless otherwise dead
• Developer of Legacy North will deliver to Remington Park HOA the current tree preservation
document as presented (or to be presented) to the City of Colleyville
• Legacy North future homeowners will be unable to build any vertical construction (attached or
unattached structure) within the identified 30’ Tree Preservation Easement / Building line but
will be allowed to construct a pool no closer than 20’ of the northern property line of Legacy
North.
• Developer of Legacy North, prior to the City of Colleyville approval, will deliver a new plat with
the newly accepted 30’ easement
• The northern fence on Lot 10, Block A (Legacy North) will be allowed the same cedar fence
(adjacent to Remington Park and the Rosewood Villas). The developer will attempt to gain
permission to construct the same cedar fence that is on lots 11-14 for the balance of Lot 10,
Block A
• Tree Preservation Easement agreement and associated components of the preservation will be
memorialized in 3 ways:
o Submitted in the Public Record through the City of Colleyville P&Z board
o Added to the Deed & Restrictions and CC&R’s of the Legacy North neighborhood
o Recognized as an easement on the Legacy North plat
TRAIL INTERSECTION:
• Regarding the trail intersection of Remington Park and Lavaca Trail, we agree fully in working
with the developer of Legacy North
• Potential solutions to protect the neighbors of Remington Park and those who have chosen to
utilize the private trails, include but are not limited to:
o Adding reflective stripes and/or rumble strips on the Lavaca Trail road to indicate the
trail crossing
o Adding reflective stripes on the Remington Park trail indicating the Lavaca Trail road
o Signage on Lavaca Trail indicating the approaching trail and neighborhood
o Removal of brush to allow for better visual line of sight
• Associated costs will be invoiced and paid by the developer of Legacy North
• Remington Park HOA and the developer of Legacy North will work together to gain appropriate
needed approval by the City of Colleyville
DRAINAGE AND GRADING:
• The developer of the Legacy North neighborhood will provide engineering studies of the water
flow/drainage of the neighborhood to the Remington Park HOA
• Developer will consult with Hamilton and Associates to verify the neighborhood’s ability to
develop Legacy North in a fashion so that water flow/drainage will flow away from Remington
Park homeowners
MISCELLANEOUS:
• Signage, similar to the sign used during the construction of The Legacy, will be placed on Lavaca
Trail at the entrance into Remington Park prohibiting construction traffic
• Developer will create a construction traffic management plan outlining the routes available for
the delivery of construction materials for the construction trade from Precinct Line to Lavaca
Trail, and provide that plan to the Remington Park HOA
• Outdoor construction will be allowed from 7am-6pm daily
This entirety of this agreement will be submitted in the Public Record through the City of Colleyville P&Z
board.
RESOLUTION R-19-4378
A RESOLUTION APPROVING A PRELIMINARY PLAT FOR THE LEGACY
NORTH ADDITION
WHEREAS,the Planning and Zoning Commission recommended approval of
the Preliminary Plat for the Legacy North Addition on April 8,
2019.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the Preliminary Plat for Legacy North Addition on
approximately 17.32 acres, attached as Exhibit “A" - Plat Exhibit,
is hereby approved.
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS
THE 7th DAY OF MAY 2019.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood
Place 1, Tammy Nakamura Place 5, Chuck Kelley
Place 3, Kathy Wheat Place 6, Callie Rigney
Place 4, George Dodson
ATTEST:CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
Exhibit “A” - Plat Exhibit
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 5c Agenda Date 5/7/2019 Number Resolution R-19-4379
Type Regular Agenda Items
Department Community Development
Title
Consideration of a Preliminary Plat for Lots 1-4, Block 1 of the Precinct Line Retail
Addition, located at 8060 Precinct Line Road, Case PC19-002
Strategic Plan
4.2 Encourage compatible commercial growth
Explanation
Reading and Public Hearing
Ghazal Kellesly, the applicant, has submitted a request for a Preliminary Plat for
Precinct Line Retail Addition, being Tract 1, situated in the R.H. McEwing Survey,
Abstract 1154 and Tract 1G, situated in the W.C. Newton Survey, Abstract 1182, being
approximately 6.382 acres, and zoned PUD-C Planned Unit Development Commercial.
The purpose is to subdivide the property into four lots for commercial development.
Existing Conditions/Background: The subject property currently is improved with
two residential homes. Precinct Line Road currently provides the street frontage to the
property. The preliminary plat for consideration proposes to divide the PUD-C area into
four lots.
Lot Dimensions and Setbacks: Per Ordinance O-18-2065, the PUD-C zoning
regulations require the following CC-2 Shopping Center zoning district standards:
Minimum Lot Area: 20,000 square feet
Minimum Lot Width: 150 feet
Minimum Lot Depth: 120 feet
Minimum Front Yard Setback: 40 feet
Minimum Side Yard Setbacks: 15 feet
Minimum Rear Yard Setback: 10 feet
Maximum Lot Coverage: 60 percent
As submitted, the proposed plat meets all of the requirements of the PUD-C zoning in
the Land Development Code.
Surrounding Development: The surrounding property has developed with
commercial uses to the south and single-family residences to the east and southeast
City Council Agenda Briefing 5c
City of Colleyville Page 2
using a variety of zoning classifications including: CC-2, PUD-C, PUD-R, and R-40. The
property to the south is undeveloped.
Analysis: The applicant has rezoned the property from R-40 to PUD-C in 2018 for the
purpose of creating a commercial subdivision with four lots. One lot is identified for
development of self-storage buildings. The additional three lots are designated for
future retail/restaurant development. Access for the subdivision will occur off Precinct
Line Road. This plat also includes internal access connections to the properties to the
north and south in preparation for when they develop.
Fees: Park Land Dedication fees are required in the amount of $800 per acre. Park
Land Dedication fees are due prior to filing the final plat for record. Impact Fees are
also required per Chapter 13 (Impact Fees) of the Land Development Code and are
due prior to the issuance of a Building Permit.
Tree Preservation: Any subdivision of the subject property must comply with Chapter
5 (Urban Forestry) of the Land Development Code. Where any tree is slated for
removal, no site grading, dirt disturbance or new construction may occur on the
property until a Tree Removal Permit has been issued that is associated with an
approved Tree Preservation Plan.
In addition to the requirements for submittal of a Tree Removal Permit and Tree
Preservation Plan, future development on the site must maintain the minimum existing
protected tree canopy coverage as required in Chapter 5.
Staff Recommendation: Staff recommends approval. The proposed Preliminary Plat
meets the requirements of the Land Development Code.
Planning & Zoning Commission Recommendation: The Planning & Zoning
Commission recommended approval of the Preliminary Plat at their April 8, 2019
meeting by a vote of 4-0.
Financial Impact
There is no fiscal impact for the City of Colleyville with this item.
Recommendation
Approve
Attachments
1.Aerial Map
2.Zoning Map
3.Future Land Use Map
4.Preliminary Plat Exhibit
5.Utility and Drainage Plans
City Council Agenda Briefing 5c
City of Colleyville Page 3
6.Adjacent Neighbor Correspondence
7.Resolution R-19-4379
6004
6205
5921
5849
5907
5846
5842
8070
5902
6000
5918
6032
5923
5916
5909 5911
6200
5905
6204
59155914
5922
5843
6200
5908
5912
5910
5917
5927
8080
5847
6204
5900
5913
5924
6205
5906
5840 5845
5903
5920
5919
5844
6028
8000
5904
5800
8050
5928 5802
8060
5935
5901
5931
6204
6112
5900
6212
5908
5912
6100
5812
6104
5904
6216
6218
6108
6208
6200
8092 8098 8100
1101
8078
1013
8090 8086
8074
LAVACA TRAIL
STERLING DRIVEPRECINCT LINE ROADCRESCENT LANEEMMASCOURTAerial Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
PC19-002 K8060 Precinct Line Road
Subject Property
6004
5921
8070
6000
5918
6032
5923
5916
5909 5911
59155914
5922
5908
5912
5910
5917
6025 5927
8080
5913
5924 6005
5920
5919
6028
58008050
5928
5802
8060
5935
5931
6204
6112
6212
6100
6104
6216
6218
6108
6208
62001101
8078
1013
8090 8086
8074
PRECINCT LINE ROADSTERLING DRIVELAVACA TRAIL
CRESCENT LANEPU D-R
R-40
R-20
PU D-C
CC-2
PU D-C
PU D-C
Zoning Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
PC19-002 K8060 Precinct Line Road
Subject Property
6004
5921
5849
5907
5846
5842
8070
5902
6000
5918
6032
5923
5916
5909 5911
5905
5839
5835
59155914
5832
5922
5843
5908
5912
5910
5917
5927
8080
5847
5900
5913
5924
5906
5840 5845
5903
5920
5919
5844
6028
5837
8000
5904
5834
5841
5800
5838
8050
5928
5802
8060
5935
5836
5901
5931
6213
6101
6204
6215
6112
6205
5900
6212
5908
5912
6100
5812
6104
5904
6216
6218
6201
6108
5808
6208
6113
6200
6109
6105
6209
1101
8078
1013
8090 8086
8074
PRECINCT LINE ROADSTERLING DRIVECRESCENT LANEKAYS COURTEMMASCOURTFuture Land Use Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
PC19-002 K8060 Precinct Line Road
Subject Property
Residential
Commercial
Open Space; Parks
1
Ghazal Kellesly
Subject:FW: Development Adjacent to Lynnett Stanley, Colleyville, Texas
From: Mark Assaad
Sent: Monday, March 25, 2019 2:42 PM
To: Paul Cragun
Cc: 'Rick Jones'; Joel Stanley; Robert Sauceda
Subject: RE: Development Adjacent to Lynnett Stanley, Colleyville, Texas
Paul,
Thank you for sending the plan. We will review and let you know if we have any comments.
Regards,
Mark Assaad, P.E.
Vice President
A.N.A. Consultants, L.L.C.
TBPE Firm No. F-20
817.999.5376
From: Paul Cragun
Sent: Monday, March 25, 2019 12:46 PM
To: Mark Assaad
Cc: 'Rick Jones'
Subject: RE: Development Adjacent to Lynnett Stanley, Colleyville, Texas
Good afternoon Mark,
I wanted to pass on the revised erosion control plan for your review. We extended the rock rip‐rap to the existing culvert
out there and you can see the easements we are proposing. Would you please review and let me know what you think?
The city is asking us for some proof that we are working with you on this drainage agreement.
Thank you,
Paul Cragun
Cumulus Design
Phone: 214‐235‐0367
From: Rick Jones
Sent: Friday, February 08, 2019 10:26
AM To:
Cc: Paul Cragun; Brian Baca Davis Deadman; ; Brian Baca
Subject: RE: Development Adjacent to Lynnett Stanley, Colleyville, Texas
Mark / Joel,
2
Attached are the final civil drawings we have prepared for your review and input. The concept is consistent with our previous
conversation. Currently all storm water drainage from Ms. Souder’s property sheet flows to the east onto Ms. Stanley’s tract. When fully
improved our drainage plan captures virtually all storm water from this tract and detains in a storm water detention pond with water released at
appropriate rates through one discharge point on Ms. Stanley’s tract. With your permission and approval, we propose to install erosion control
rip rap at the point of discharge and we will grade a natural swale from the discharge point to a point on the existing creek on Ms. Stanley’s
tract. The result should be no more water volume than she receives currently, but all water will be directed in a swale rather than sheet flowing
over a broad area.
Please review and give us your input. Mark, as agreed with Joel, we are willing to pay for your time to review these docs and engage with us and
our engineer, Paul Cragun with Cumulus Design. I am available by cell anytime to discuss and Paul’s contact is also attached.
Thank you and Kindest Regards,
Rick Jones
Advantage Storage
2221 Lakeside Blvd, Suite 1260
Richardson, TX 75082
972.547.0236 Ext. 907
972.832.8933 Cell
From: Rick Jones
Sent: Wednesday, November 14, 2018 1:53 PM
To:
Cc: Paul Cragun ; Brian Baca
Davis Deadman
Subject: Development Adjacent to Lynnett Stanley, Colleyville, Texas
Mark,
I got your contact info from Joel Stanley and left a message on what I believe is your cell phone. We are developing a
commercial tract adjacent to the southern portion of Lynnett Stanley’s west property line. Our plans is to create a
storm water detention pond that will collect all of the storm water on our property with an outfall on our west property
line. Currently all storm runoff from our tract is coming in a sheet flow to the Stanley property. By incorporating a
detention pond in our development the Stanley’s shouldn’t receive any higher volume of water, and the benefit is that
the water will be coming at one point rather than sheet flow. This will allow, if acceptable to the Stanleys, an earthen
swale to be created from the outfall of the detention pond to the low point of the creek on Ms. Stanley’s property. We
propose to construct such a swale at our expense.
By copy of this email, I’d like to connect you to Paul Cragun with Cumulus Design, our civil engineer. Also attached are
Paul’s preliminary plans. Please feel free to reach out to me or to Paul to discuss.
Kindest Regards,
3
Rick Jones
Advantage Storage
2221 Lakeside, Suite 1260
Richardson, Texas 75082
972-547-0236 x 907 Office
972.832.8933 Cell
RESOLUTION R-19-4379
A RESOLUTION APPROVING A PRELIMINARY PLAT FOR THE
PRECINCT LINE RETAIL ADDITION
WHEREAS,the Planning and Zoning Commission recommended approval of
the Preliminary Plat for the Precinct Line Retail Addition on April
8, 2019.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the Preliminary Plat for Precinct Line Retail Addition on
approximately 6.382 acres, attached as Exhibit “A" - Plat Exhibit,
is hereby approved.
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS
THE 7th DAY OF MAY 2019.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood
Place 1, Tammy Nakamura Place 5, Chuck Kelley
Place 3, Kathy Wheat Place 6, Callie Rigney
Place 4, George Dodson
ATTEST:CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
Exhibit “A” - Plat Exhibit
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 5d Agenda Date 5/7/2019 Number Resolution R-19-4380
Type Regular Agenda Items
Department Community Development
Title
Consideration of a Final Plat for Lots 1, Block 1 of the Precinct Line Retail Addition,
located at 8060 Precinct Line Road, Case PC19-003
Strategic Plan
4.2 Encourage compatible commercial growth
Explanation
Reading and Public Hearing
Ghazal Kellesly, the applicant, has submitted a request for a Final Plat for Precinct Line
Retail Addition, for Lot 1, Block 1, of the Precinct Line Road Addition, being
approximately 3.404 acres, and zoned PUD-C Planned Unit Development Commercial.
The purpose is to plat the east portion of the property to allow for a self-storage facility
totaling approximately 87,375 square feet.
Existing Conditions/Background: The subject property currently is improved with
two residential homes. Precinct Line Road currently provides the frontage to the
property. The final plat for consideration proposes to plat the east portion of the
property to allow for development of a self-storage facility.
Lot Dimensions and Setbacks: Per Ordinance O-18-2065, the PUD-C zoning
regulations require the following CC-2 Shopping Center zoning district standards:
Minimum Lot Area: 20,000 square feet
Minimum Lot Width: 150 feet
Minimum Lot Depth: 120 feet
Minimum Front Yard Setback: 40 feet
Minimum Side Yard Setbacks: 15 feet
Minimum Rear Yard Setback: 10 feet
Maximum Lot Coverage: 60 percent
As submitted, the proposed plat meets all of the requirements of the PUD-C zoning.
Surrounding Development: The surrounding property has developed with
commercial uses to the south and single-family residences to the east and southeast
using a variety of zoning classifications including: CC-2, PUD-C, PUD-R, and R-40. The
City Council Agenda Briefing 5d
City of Colleyville Page 2
property to the south is undeveloped.
Analysis: The applicant has rezoned the property from R-40 to PUD-C in 2018 for the
purpose of creating a commercial subdivision with four lots. One lot is identified for
development of self-storage buildings. The additional three lots are designated for
future retail/restaurant development. Access for the subdivision will occur off Precinct
Line Road. This plat also includes internal access connections to the properties to the
north and south in preparation for when they develop.
Fees: Park Land Dedication fees are required in the amount of $800 per acre. Park
Land Dedication fees are due prior to filing the final plat for record. Impact Fees are
also required per Chapter 13 (Impact Fees) of the Land Development Code and are
due prior to the issuance of a Building Permit.
Tree Preservation: Any subdivision of the subject property must comply with Chapter
5 (Urban Forestry) of the Land Development Code. Where any tree is slated for
removal, no site grading, dirt disturbance or new construction may occur on the
property until a Tree Removal Permit has been issued that is associated with an
approved Tree Preservation Plan.
In addition to the requirements for submittal of a Tree Removal Permit and Tree
Preservation Plan, future development on the site must maintain the minimum existing
protected tree canopy coverage as required in Chapter 5.
Staff Recommendation: Staff recommends approval. The proposed Final Plat meets
the requirements of the Land Development Code.
Planning & Zoning Commission Recommendation: The Planning & Zoning
Commission recommended approval of the Final Plat at their April 8, 2019 meeting by
a vote of 4-0.
Financial Impact
There is no fiscal impact to the City of Colleyville with this item.
Recommendation
Approve
Attachments
1.Aerial Map
2.Zoning Map
3.Future Land Use Map
4.Final Plat Exhibit
5.Site Plan
6.Resolution R-19-4380
6004
6205
5921
5849
5907
5846
5842
8070
5902
6000
5918
6032
5923
5916
5909 5911
6200
5905
6204
59155914
5922
5843
6200
5908
5912
5910
5917
5927
8080
5847
6204
5900
5913
5924
6205
5906
5840 5845
5903
5920
5919
5844
6028
8000
5904
5800
8050
5928 5802
8060
5935
5901
5931
6204
6112
5900
6212
5908
5912
6100
5812
6104
5904
6216
6218
6108
6208
6200
8092 8098 8100
1101
8078
1013
8090 8086
8074
LAVACA TRAIL
STERLING DRIVEPRECINCT LINE ROADCRESCENT LANEEMMASCOURTAerial Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
KPC19-003
8060 Precinct Line Road
Subject Property
6004
5921
8070
6000
5918
6032
5923
5916
5909 5911
59155914
5922
5908
5912
5910
5917
6025 5927
8080
5913
5924 6005
5920
5919
6028
58008050
5928
5802
8060
5935
5931
6204
6112
6212
6100
6104
6216
6218
6108
6208
62001101
8078
1013
8090 8086
8074
PRECINCT LINE ROADSTERLING DRIVELAVACA TRAIL
CRESCENT LANEPUD-R
R-40
R-20
PUD-C
CC-2
PUD-C
PUD-C
Zoning Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
KPC19-003
8060 Precinct Line Road
Subject Property
6004
5921
5849
5907
5846
5842
8070
5902
6000
5918
6032
5923
5916
5909 5911
5905
5839
5835
59155914
5832
5922
5843
5908
5912
5910
5917
5927
8080
5847
5900
5913
5924
5906
5840 5845
5903
5920
5919
5844
6028
5837
8000
5904
5834
5841
5800
5838
8050
5928
5802
8060
5935
5836
5901
5931
6213
6101
6204
6215
6112
6205
5900
6212
5908
5912
6100
5812
6104
5904
6216
6218
6201
6108
5808
6208
6113
6200
6109
6105
6209
1101
8078
1013
8090 8086
8074
PRECINCT LINE ROADSTERLING DRIVECRESCENT LANEKAYS COURTEMMASCOURTFuture Land Use Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
KPC19-003
8060 Precinct Line Road
Subject Property
Residential
Commercial
Open Space; Parks
RESOLUTION R-19-4380
A RESOLUTION APPROVING A FINAL PLAT FOR THE LOT 1, BLOCK 1,
PRECINCT LINE RETAIL ADDITION
WHEREAS,the Planning and Zoning Commission recommended approval of
the Final Plat for Lot 1, Block 1, of the Precinct Line Retail
Addition, Case PC19-003, on April 8, 2019.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the Final Plat for Lot 1, Block 1, Precinct Line Retail
Addition on approximately 3.404 acres, attached as Exhibit “A"
- Plat Exhibit, is hereby approved.
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON
THIS THE 7th DAY OF MAY 2019.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood
Place 1, Tammy Nakamura Place 5, Chuck Kelley
Place 3, Kathy Wheat Place 6, Callie Rigney
Place 4, George Dodson
ATTEST:CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
Exhibit “A” - Plat Exhibit
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 5e Agenda Date 5/7/2019 Number Resolution R-19-4381
Type Resolution
Department City Manager
Title
Approval of a construction services agreement with The Fain Group, Inc. for the
Colleyville Plaza Project, in an amount not to exceed $2,774,547.50, and authorizing
the City Manager to execute the agreement
Strategic Plan
5.3 Provide attractive facilities for leisure and recreation
Explanation
Reading and Public Hearing
Upon creation of the Tax Increment Financing (TIF) District via Ordinance O-98-1124,
a plaza was identified as a project in the original project plan with an estimate of
$2,734,360. When the City purchased the property directly across from City Hall
several years ago, this area was determined to be an appropriate location for
Colleyville Plaza. In February 2018, the City engaged design firm Freese & Nichols to
prepare three conceptual design options. These options were shared to seek public
input on the preferred concept at a number of public open houses and various City
events. Once the preferred concept was selected, more detailed engineering was done
and design refinement occurred. Final construction documents were completed and
placed out for bid in March 2019.
The proposed contract amount of $2,774,547.50 includes $2,468,693 for the base bid
and $305,854.50 for Alternate No. 1. The base bid includes the Plaza elements
included in the preferred conceptual design. The Alternate No. 1 includes a separate,
but related scope of work that provides for permanent improvements to the hardscape
and landscape in front of City Hall, providing for a consistent aesthetic with the Plaza.
Base Bid Alternate No 1 Grand Total Bid
Denco Construction
Specialists $2,291,537.81 $235,656.14 $2,527,193.95
C. Green Scaping, LP $2,420,629.75 $339,999.00 $2,760,628.75
The Fain Group $2,468,693.00 $305,854.50 $2,774,547.50
Northridge Construction
Group, LLC $2,540,854.00 $244,928.00 $2,785,782.00
RJM Contractors, Inc. $2,778,224.67 $233,845.32 $3,012,069.99
City Council Agenda Briefing 5e
City of Colleyville Page 2
Fort Worth Civil
Construction, LLC $2,871,295.00 $285,835.80 $3,157,130.80
Ratliff Hardscape, Ltd. $2,798,943.75 $374,775.00 $3,173,718.75
Phillips May Corp. $2,992,258.00 $757,010.00 $3,749,268.00
The award to the successful bidder is to be determined by best value to the City of
Colleyville as allowed by Chapter 252 of the Local Government Code. In addition to all
relevant criteria specifically listed in the request for bids.
The bid submittals were evaluated and points assigned from the ranges indicated
below. Points were assigned in each category of criteria to indicate the relative
assessment of best value to the owner represented by each bid submittal.
During the evaluation of the bids, concerns emerged about the low bidder upon
discovering major news articles about their work on another project. Reference checks
were conducted that provided feedback supporting those concerns. Due to this
information, which impacted scores, the low bidder is not recommended. There was
limited information available on the second lowest price bidder, and their score was not
one of the top scores. The Fain Group was identified as the best value bid based not
only on price, but on the scores for all other evaluation criteria. A summary table of
the average scores from all evaluations, staff and consultant, for each bid is provided
below.
Scoring Criteria Max.
Point
Denco
CS
Corp.
C Green
Scaping
LP
The
Fain
Group
Northridge
Const.
Group LLC
RJM
Cont
Inc.
Fort
Worth
Civil
Const.,
LLC
Ratliff
Hard
scape
LLC
Phillips
May
Corp.
Total Project Price 20 20 16.75 14.5 12.75 11.5 9.75 8 4.75
Quality of Bidders
Goods and Services 15 11 11.5 14 13.5 11.5 11.5 11.5 11.5
Bidder's Experience
with Similar Projects
past 5 Years 15 11 12 15 14 8.5 8.5 11 11.5
Experience and
Reputation of Key
Project Personal 15 10 10 12.5 12.5 10 10 10 11.5
References and
Quality/Performance
Record from
Bidder's Pervious
Work
10 6 7.5 9.5 7.5 7.5 7.5 7.5 7
Bidder's Financial
and Organizational
Stability 5 4.5 4.5 5 4.5 4 4 4 5
Extent Bidder's
Goods and services
Meet the City's
Needs
10 6 6.5 9.5 7.5 6.5 6.5 6.5 7
City Council Agenda Briefing 5e
City of Colleyville Page 3
Long Term Cost to
the City to acquire
Bidder's Goods and
Services
10 6.5 6.5 8.5 6.5 6 5.5 5.5 4.5
Total Score 100 75 75.25 88.5 78.75 65.5 63.25 64 62.75
Public notification of the invitation for bids was advertised in the Fort Worth Star-
Telegram on March 10, 17, 24, 31, and April 7, 2019. The notice to bidders and bid
packet were posted on CivCast for free downloading and distributed to the Dodge Lead
Center, BlueBook Building and Construction Network, and Construct Connect, which
includes ISqFt, CMD, CDC, and Bid Clerk. Additionally, staff directly notified a list of
local contractors who may be interested in the bid opportunity. The project had 81 plan
holders, of which two were architects, five engineers, 40 general contractors, one
manufacturer, three other, six plan rooms, one reprographer, 14 sub-contractors, and
9 suppliers.
The City received eight sealed bids, which were opened and publicly read aloud on
April 23, 2019.
Financial Impact
Funding is available for this project in the TIF.
Form 1295 - Acknowledged by City
Recommendation
Approve
Attachments
1. Presentation
2. Colleyville Plaza Bid Tabulation
3. Opinion of Probable Construction Cost
4. Bid Analysis
5. Construction Agreement
6. Resolution R-19-4381
Colleyville Plaza
May 7, 2019
November 1998 TIF created via ordinance O-98-1124; listed Plaza
project estimate at $2,734,360
March 2017 City purchased land across from City Hall for
purpose of constructing a Plaza
February 2018 Engaged design firm Freese & Nichols
March –May 2018 Public input process to determine preferred concept
June –December 2018 Engineering & construction documents
January –February 2019 Finalize bid documents
March –April 2019 Solicitation of bids
April 23, 2019 Bid Opening
May 7, 2019 Contract Award
May –November 2019 Construction
History-Colleyville Plaza
Summary of bids received
Bid Summary-Colleyville Plaza
Base Bid Alternate No 1 Grand Total Bid
Denco Construction
Specialists $2,291,537.81 $235,656.14 $2,527,193.95
C. Green Scaping, LP $2,420,629.75 $339,999.00 $2,760,628.75
The Fain Group $2,468,693.00 $305,854.50 $2,774,547.50
Northridge Construction
Group, LLC $2,540,854.00 $244,928.00 $2,785,782.00
RJM Contractors, Inc.$2,778,224.67 $233,845.32 $3,012,069.99
Fort Worth Civil
Construction, LLC $2,871,295.00 $285,835.80 $3,157,130.80
Ratliff Hardscape, Ltd.$2,798,943.75 $374,775.00 $3,173,718.75
Phillips May Corp.$2,992,258.00 $757,010.00 $3,749,268.00
The award to the successful bidder is to be determined by best value to the City of Colleyville
as allowed by Chapter 252 of the Local Government Code
Below is a summary table of the average scores from all evaluations, staff and consultant
Recommendation-Colleyville Plaza
Scoring Criteria Max.
Point
Denco
CS
Corp.
C Green
Scaping
LP
The Fain
Group
Northridge
Const. Group
LLC
RJM Cont
Inc.
Fort Worth
Civil Const.,
LLC
Ratliff
Hardscape
LLC
Phillips May
Corp.
Total Project Price 20 20 16.75 14.5 12.75 11.5 9.75 8 4.75
Quality of Bidders
Goods and Services 15 11 11.5 14 13.5 11.5 11.5 11.5 11.5
Bidder's Experience
with Similar Projects
past 5 Years
15 11 12 15 14 8.5 8.5 11 11.5
Experience and
Reputation of Key
Project Personal
15 10 10 12.5 12.5 10 10 10 11.5
References and
Quality/Performance
Record from Bidder's
Pervious Work
10 6 7.5 9.5 7.5 7.5 7.5 7.5 7
Bidder's Financial
and Organizational
Stability
5 4.5 4.5 5 4.5 4 4 4 5
Extent Bidder's
Goods and services
Meet the City's Needs
10 6 6.5 9.5 7.5 6.5 6.5 6.5 7
Long Term Cost to
the City to acquire
Bidder's Goods and
Services
10 6.5 6.5 8.5 6.5 6 5.5 5.5 4.5
Total Score 100 75 75.25 88.5 78.75 65.5 63.25 64 62.75
ITEM QTY UNIT DESCRIPTION Unit Price Amount Bid Unit Price Amount Bid Unit Price Amount Bid Unit Price Amount Bid Unit Price Amount Bid Unit Price Amount Bid Unit Price Amount Bid Unit Price Amount Bid11LS Owners Contingency$100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.0021LS Demolition$105,618.60 $105,618.60 $335,486.00 $335,486.00 $45,700.00 $45,700.00 $57,042.00 $57,042.00 $54,500.00 $54,500.00 $158,000.00 $158,000.00$271,560.00 $271,560.00 $74,410.00 $74,410.0031LS Erosion Control$1,282.50 $1,282.50 $3,600.00 $3,600.00 $650.00 $650.00 $4,158.00 $4,158.00 $5,400.00 $5,400.00 $5,600.00 $5,600.00 $65,100.00 $65,100.00 $9,869.00 $9,869.0041LS Earthwork for Site$24,300.00 $24,300.00 $93,630.00 $93,630.00 $23,000.00 $23,000.00 $89,100.00 $89,100.00 $46,600.00 $46,600.00 $22,000.00 $22,000.00 $57,993.00 $57,993.00 $97,224.00 $97,224.0051LS Grade Maintenance for Site$24,300.00 $24,300.00 $16,710.00 $16,710.00 $6,600.00 $6,600.00 $12,723.00 $12,723.00 $42,500.00 $42,500.00 $11,000.00 $11,000.00 $17,493.60 $17,493.60 $38,203.00 $38,203.0061LS Mis. Vehicular Paving$15,066.00 $15,066.00 $33,878.00 $33,878.00 $34,600.00 $34,600.00 $24,922.00 $24,922.00 $59,000.00 $59,000.00 $81,000.00 $81,000.00 $26,400.00 $26,400.00 $26,714.00 $26,714.0071LS Vehicular Brick Pavers$101,758.14 $101,758.14 $118,560.00 $118,560.00 $72,000.00 $72,000.00 $91,476.00 $91,476.00 $132,750.00 $132,750.00 $151,000.00 $151,000.00 $55,286.88 $55,286.88 $144,618.00 $144,618.008 1 LS New Alley Vehicular Pavement and Concrete Curb$89,618.40 $89,618.40 $26,148.00 $26,148.00 $31,800.00 $31,800.00 $65,340.00 $65,340.00 $74,500.00 $74,500.00 $36,000.00 $36,000.00 $19,836.00 $19,836.00 $50,117.00 $50,117.0091LS Misc. Concrete Pedestrian Paving$33,566.40 $33,566.40 $28,618.00 $28,618.00 $63,100.00 $63,100.00 $76,032.00 $76,032.00 $96,500.00 $96,500.00 $46,000.00 $46,000.00 $35,794.56 $35,794.56 $80,439.00 $80,439.0010 1LS Pedestrian Brick Pavers$251,593.83 $251,593.83 $169,031.00 $169,031.00 $120,000.00 $120,000.00 $176,062.00 $176,062.00 $228,000.00 $228,000.00 $88,500.00 $88,500.00 $152,523.84 $152,523.84 $261,872.00 $261,872.0011 3EA ADA Barrier Free Ramp$742.50 $2,227.50 $936.00 $2,808.00 $1,600.00 $4,800.00 $11,880.00 $35,640.00 $6,200.00 $18,600.00 $3,700.00 $11,100.00 $1,560.00 $4,680.00$4,173.00 $12,519.0012 1EA Low Walls$33,169.50 $33,169.50 $245,958.00 $245,958.00 $335,000.00 $335,000.00 $67,716.00 $67,716.00 $140,000.00 $140,000.00 $226,400.00 $226,400.00 $148,827.36 $148,827.36 $120,976.00 $120,976.0013 1LS Tiered Wall$66,825.00 $66,825.00 $132,694.00 $132,694.00 $132,000.00 $132,000.00 $52,272.00 $52,272.00 $104,000.00 $104,000.00 $157,600.00 $157,600.00 $125,848.80 $125,848.80 $101,875.00 $101,875.0014 1LS Water Feature$359,100.00 $359,100.00 $259,190.00 $259,190.00 $323,000.00 $323,000.00 $438,966.00 $438,966.00 $42,000.00 $42,000.00 $428,200.00 $428,200.00 $469,232.40 $469,232.40 $417,542.00 $417,542.0015 1LS Water Feature Finishes$245,893.05 $245,893.05 $35,420.00 $35,420.00 $75,000.00 $75,000.00 $101,443.00 $101,443.00 $158,000.00 $158,000.00 $77,000.00 $77,000.00$88,332.00 $88,332.00 $158,368.00 $158,368.0016 1LS Shade Structure and Stage Area$274,241.70 $274,241.70 $409,469.00 $409,469.00 $335,000.00 $335,000.00 $335,067.00 $335,067.00 $930,000.00 $930,000.00 $408,000.00 $408,000.00 $254,268.48 $254,268.48 $903,471.00 $903,471.0017 5LS Tables and Chairs$3,111.75 $15,558.75 $3,645.00 $18,225.00 $3,550.00 $17,750.00 $14,880.00 $74,400.00 $3,620.00 $18,100.00 $4,000.00 $20,000.00 $3,619.20 $18,096.00 $3,438.00 $17,190.0018 1LS Removable Bollards$15,660.00 $15,660.00 $25,200.00 $25,200.00 $9,300.00 $9,300.00 $26,463.00 $26,463.00 $1,562.00 $1,562.00 $7,500.00 $7,500.00 $1,666.80 $1,666.80 $11,461.00 $11,461.0019 5EA 6' Benches$1,377.00 $6,885.00 $1,480.00 $7,400.00 $1,400.00 $7,000.00 $1,307.00$6,535.00 $1,950.00 $9,750.00 $1,500.00 $7,500.00 $1,666.80 $8,334.00$2,356.00 $11,780.0020a 4EA Litter Receptacles$2,234.25 $8,937.00 $2,340.00 $9,360.00 $2,150.00 $8,600.00 $2,085.00$8,340.00 $2,800.00 $11,200.00 $2,260.00 $9,040.00 $2,394.00 $9,576.00 $13,371.00 $53,484.0020b 1LS Dedication Plaque Column$3,240.00 $3,240.00 $6,934.00 $6,934.00 $8,000.00 $8,000.00 $5,940.00$5,940.00 $5,400.00 $5,400.00 $22,000.00 $22,000.00 $9,360.00 $9,360.00 $31,836.00 $31,836.0021 1EA Drinking Fountain$4,860.00 $4,860.00 $8,000.00 $8,000.00 $6,600.00 $6,600.00 $2,970.00$2,970.00 $15,000.00 $15,000.00 $16,500.00 $16,500.00 $9,000.00 $9,000.00 $12,098.00 $12,098.0022 19EA 6" Caliper Large Trees$3,084.75 $58,610.25 $2,117.00 $40,223.00 $2,700.00 $51,300.00 $1,500.00 $28,500.00 $2,850.00 $54,150.00 $2,700.00 $51,300.00 $1,344.00 $25,536.00 $2,929.00 $55,651.0023 3EA Tree Grates$4,183.65 $12,550.95 $4,190.00 $12,570.00 $3,900.00 $11,700.00 $1,188.00 $3,564.00 $5,100.00 $15,300.00 $4,200.00 $12,600.00 $4,680.00 $14,040.00 $2,738.00 $8,214.0024 24EA 5 Gallon Shrub$61.43 $1,474.32 $31.00 $744.00 $60.00 $1,440.00 $30.00 $720.00 $71.00 $1,704.00 $58.00 $1,392.00 $971.40 $23,313.60 $51.00 $1,224.0025 439EA 3 Gallon Shrub$46.58 $20,448.62 $29.25 $12,840.75 $47.00 $20,633.00 $30.00 $13,170.00 $53.53 $23,499.67 $47.00 $20,633.00 $67.02 $29,421.78 $45.00 $19,755.0026 1,940 EA 1 Gallon Shrub$13.16 $25,530.40 $12.00 $23,280.00 $18.00 $34,920.00 $10.00 $19,400.00 $15.20 $29,488.00 $17.00 $32,980.00 $17.11 $33,193.40 $15.00 $29,100.0027 11,100 SF TifTuf Bermuda Sod$0.81 $8,991.00 $0.40 $4,440.00 $1.00 $11,100.00 $0.53 $5,883.00 $0.98 $10,878.00 $1.00 $11,100.00 $0.81 $8,991.00 $1.00 $11,100.0028 800SF Common Bermuda Sod$0.74 $592.00 $0.40 $320.00 $1.00 $800.00 $0.53 $424.00 $2.37 $1,896.00 $1.00 $800.00 $5.50 $4,400.00 $1.00 $800.0029 1LS Site Irrigation$38,475.00 $38,475.00 $30,600.00 $30,600.00 $21,000.00 $21,000.00 $30,888.00 $30,888.00 $34,025.00 $34,025.00 $21,000.00 $21,000.00 $34,736.10 $34,736.10 $34,077.00 $34,077.0030 1LS Decomposed Granite and Steel Edging$58,186.35 $58,186.35 $2,117.00 $2,117.00 $800.00 $800.00 $1,188.00 $1,188.00 $8,200.00 $8,200.00 $1,000.00 $1,000.00 $7,309.20 $7,309.20 $2,037.00 $2,037.0031 1LS Strom Drainage Inlets @ Landscape Planters$945.00 $945.00 $4,500.00 $4,500.00 $2,300.00 $2,300.00 $13,068.00 $13,068.00 $16,610.00 $16,610.00 $16,400.00 $16,400.00 $30,910.52 $30,910.52 $44,570.00 $44,570.0032 1LS Trench Drain$59,525.55 $59,525.55 $24,656.00 $24,656.00 $22,700.00 $22,700.00 $26,136.00 $26,136.00 $27,500.00 $27,500.00 $19,200.00 $19,200.00 $39,673.95 $39,673.95 $25,469.00 $25,469.0033 1LS Strom Drain Pipes$27,702.00 $27,702.00 $9,786.00 $9,786.00 $10,000.00 $10,000.00 $17,820.00 $17,820.00 $21,000.00 $21,000.00 $25,600.00 $25,600.00 $39,219.34 $39,219.34 $10,824.00 $10,824.0034 1LS Grate Inlet$3,847.50 $3,847.50 $2,600.00 $2,600.00 $2,800.00 $2,800.00 $5,940.00$5,940.00 $8,100.00 $8,100.00 $2,800.00 $2,800.00 $5,011.20 $5,011.20$13,371.00 $13,371.00351 LS 6" PVC Sanitary Sewer Line for Drinking Fountain Drainage $17,752.50 $17,752.50 $1,436.00 $1,436.00 $12,000.00 $12,000.00 $14,850.00 $14,850.00 $19,000.00 $19,000.00 $28,000.00 $28,000.00 $19,528.44 $19,528.44 $0.00 $0.0036 1LS Water Service Lines$13,500.00 $13,500.00 $16,178.00 $16,178.00 $9,500.00 $9,500.00 $1,841.00 $1,841.00 $21,200.00 $21,200.00 $11,000.00 $11,000.00 $24,737.50$24,737.50 $0.00 $0.0037 1LS 1" Water Line$12,825.00 $12,825.00 $8,260.00 $8,260.00 $12,400.00 $12,400.00 $15,444.00 $15,444.00 $20,000.00 $20,000.00 $12,250.00 $12,250.00 $7,008.00 $7,008.00 $0.00 $0.0038 1LS Trench Safety System$2,700.00 $2,700.00 $1,200.00 $1,200.00 $900.00 $900.00 $0.00 $0.00 $6,700.00 $6,700.00 $1,200.00 $1,200.00 $600.00 $600.00 $0.00 $0.0039 1 LSNew Electrical Service$18,900.00 $18,900.00 $14,800.00 $14,800.00 $40,000.00 $40,000.00 $40,234.00 $40,234.00 $24,000.00 $24,000.00 $40,200.00 $40,200.00 $44,160.00 $44,160.00 $0.00 $0.0040 1 LSSite Electrical Lighting$108,270.00 $108,270.00 $92,000.00 $92,000.00 $387,000.00 $387,000.00 $340,566.00 $340,566.00 $82,000.00 $82,000.00 $410,000.00 $410,000.00 $395,820.00 $395,820.00 $0.00 $0.0041 1 LSExisting Electrical Transformer Relocation$6,075.00 $6,075.00 $4,200.00 $4,200.00 $8,000.00 $8,000.00 $7,957.00$7,957.00 $21,000.00 $21,000.00 $8,000.00 $8,000.00 $7,440.00 $7,440.00 $0.00 $0.0042 1 LSExisting Telecommunication Relocation$4,725.00 $4,725.00 $14,000.00 $14,000.00 $26,000.00 $26,000.00 $91,701.00 $91,701.00 $11,400.00 $11,400.00 $26,400.00 $26,400.00 $5,400.00 $5,400.00 $0.00 $0.0043 1 LSConstruction Fencing$2,430.00 $2,430.00 $7,560.00 $7,560.00 $8,900.00 $8,900.00 $6,161.00$6,161.00 $13,200.00 $13,200.00 $5,500.00 $5,500.00 $13,284.00 $13,284.00 $0.00 $0.0044 1 LSTraffic Control$3,780.00 $3,780.00 $6,000.00 $6,000.00 $13,000.00 $13,000.00 $2,792.00 $2,792.00 $14,012.00 $14,012.00 $22,000.00 $22,000.00 $36,000.00 $36,000.00 $0.00 $0.00$2,291,537.81 $2,420,629.75 $2,468,693.00 $2,540,854.00 $2,778,224.67 $2,871,295.00 $2,798,943.75 $2,992,258.00$2,292,592.35 $2,420,629.75 $2,468,693.00 $2,545,145.00 $3,167,351.00 $2,871,195.00 $2,818,944.35 $3,953,703.00ALTERNATE NO. 111LS Demolition$33,912.00 $33,912.00 $74,080.00 $74,080.00 $38,000.00 $38,000.00 $1.00 $15,200.00 $15,200.00 $21,600.00 $21,600.00 $27,000.00 $27,000.00 $35,000.00 $35,000.0021LS Pedestrian Brick Pavers$90,486.18 $90,486.18 $108,327.00 $108,327.00 $101,000.00 $101,000.00 $1.00 $82,000.00 $82,000.00 $67,000.00 $67,000.00 $80,432.16 $80,432.16 $188,500.00 $188,500.0031LS Limestone Cap on Existing Low Retaining Wall$4,927.50 $4,927.50 $16,192.00 $16,192.00 $12,000.00 $12,000.00 $1.00$27,000.00 $27,000.00 $21,000.00 $21,000.00 $12,420.00 $12,420.00 $58,500.00 $58,500.0041LS All Granite Panel Paving at Texas Lone Star$7,897.50 $7,897.50 $70,400.00 $70,400.00 $30,700.00 $30,700.00 $1.00$20,000.00 $20,000.00 $44,800.00 $44,800.00 $41,472.00 $41,472.00 $149,500.00 $149,500.00510EA 6" Caliper Large Trees$3,341.25 $33,412.50 $2,200.00 $22,000.00 $2,500.00 $25,000.00 $10.00$2,700.00 $27,000.00 $2,600.00 $26,000.00 $1,344.00 $13,440.00 $3,250.00 $32,500.00610EA Tree Grates$1,991.25 $19,912.50 $1,990.00 $19,900.00 $1,850.00 $18,500.00 $10.00$2,175.00 $21,750.00 $2,700.00 $27,000.00 $2,448.00 $24,480.00 $4,550.00 $45,500.007 392EA 3 Gallon Shrub$46.58 $18,259.36 $29.00 $11,368.00 $39.00 $15,288.00 $392.00 $43.11 $16,899.12 $41.00 $16,072.00 $90.87 $35,621.04 $65.00 $25,480.008 890SF Zoysia 'Zeon' Sod$2.09 $1,860.10 $0.80 $712.00 $1.35 $1,201.50 $890.00 $2.08 $1,851.20 $1.42 $1,263.80 $1.62 $1,441.80 $7.00 $6,230.0091LS Existing Site Irrigation Repair and Modification$3,375.00 $3,375.00 $2,400.00 $2,400.00 $1,365.00 $1,365.00 $1.00 $3,500.00 $3,500.00 $1,500.00 $1,500.00 $36,000.00 $36,000.00 $32,500.00 $32,500.0010 1LS Steel Edging$4,468.50 $4,468.50 $1,540.00 $1,540.00 $900.00 $900.00 $1.00 $1,160.00 $1,160.00 $1,000.00 $1,000.00 $2,616.00 $2,616.00 $4,550.00 $4,550.0011 10 LSGround Mounted Weatherproof / GFI Receptacle with In-use Cover$877.50 $8,775.00 $580.00 $5,800.00 $3,100.00 $31,000.00 $10.00 $116.00 $1,160.00 $2,800.00 $28,000.00 $4,200.00 $42,000.00 $11,050.00 $110,500.0012 1LS New AV Conduit$2,025.00 $2,025.00 $2,400.00 $2,400.00 $29,000.00 $29,000.00 $1.00 $8,200.00 $8,200.00 $26,500.00 $26,500.00 $30,900.00 $30,900.00 $29,250.00 $29,250.0013 1LS Construction Fencing$1,620.00 $1,620.00 $2,880.00 $2,880.00 $1,900.00 $1,900.00 $1.00 $4,425.00 $4,425.00 $1,300.00 $1,300.00 $2,952.00 $2,952.00 $19,500.00 $19,500.0014 1LS Traffic Control$4,725.00 $4,725.00 $2,000.00 $2,000.00 $0.00 $0.00 $1.00 $3,700.00 $3,700.00 $2,800.00 $2,800.00 $24,000.00 $24,000.00 $19,500.00 $19,500.00$235,656.14 $339,999.00 $305,854.50 $244,928.00 $233,845.32 $285,835.80 $374,775.00 $757,010.00Grand Total Bid$2,527,193.95 $2,760,628.75 $2,774,547.50 $2,785,782.00 $3,012,069.99 $3,157,130.80 $3,173,718.75 $3,749,268.00Bid Alternate No.1Fort Worth Civil Construction, LLCPO Box 164513 Fort Worth, TX 76161Austin Alumbaugh817-562-2292 /contact emailTotal Base BidRatliff Hardscape, LTD1740 Midway Road, Lewisville, TX 75056Booder McWhorter972-436-2508 /contact emailPhillips May Corp1125 Longpoint Avenue Dallas, TX 75247Gilbert May III214-631-3331 /contact emailRJM Contractors, Inc.7616 Benbrook Pkwy. Benbrook, TX 76126Kenny Buyers817-377-0971 /contact emailC. Green Scaping, LP2401 Handley Ederville RdFort Worth, TX 76118Curtis Green817-577-9299 /contact emailNorthridge Construction Group, LLC6904 NE Loop 820, North Richland Hills, TX 76180Matt Tucker817-520-2300 /contact emailCity of Colleyville Bid TabulationBid #Colleyville PlazaApril 23, 2019 @ 2:00PM CSTDenco Construction Specialsits5525 Lyons RoadGarland, TX 75043Steven J Smith214-869-9199 /contact emailThe Fain GroupP.O. Box 164308Fort Worth, TX 76161Larry Frazier817-927-4388 /contact emailALL BIDS SUBMITTED FOR THE DESIGNATED PROJECT ARE REFLECTED ON THIS BID TAB SHEET. HOWEVER, THE LISTING OF A BID ON THIS SHEET SHOULD NOT BE CONSTRUED AS A COMMENT ON THE RESPONSIVENESS OF SUCH BID OR AS ANY INDICATION THAT THE CITY ACCEPTS SUCH BID AS RESPONSIVE.THE CITY WILL MAKE A DETERMINATION AS TO THE RESPONSIVENESS OF BIDS SUBMITTED BASED UPON COMPLIANCE WITH ALL APPLICABLE LAWS. CITY OF COLLEYVILLE PURCHASING GUIDELINES, AND PROJECT DOCUMENTS, INCLUDING BUT NOT LIMITED TO THE PROJECT SPECIFICATIONS AND CONTRACT DOCUMENTS. THE CITY WILL NOTIFY THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT AND, ACCORDING TO LAW, ALL BIDS RECEIVED WILL BE AVAILABLE FOR INSPECTION AT THAT TIME.
COLLEYVILLE PLAZA MASTER PLAN
Colleyville, Texas
95% Submittal
November 15, 2018
No. Item Description Quantity Unit Unit Price Subtotal
1. SITE PREPARATION AND GRADING
A. Moving On-Site Cut/Fill 1,700 CY $10.00 $17,000
(assumes 18" over .7 acres)
B. Importing Fill, Grade Prep, & Fine Grading 1,100 CY $40.00 $44,000
C. Demolition of Concrete Curb & Gutter 706 LF $5.00 $3,530
D. Demolition of Concrete Pavement 2,130 SY $10.00 $21,300
E. Site Clearing 1 LS $5,000.00 $5,000
F. Erosion Control Measures 1 LS $2,500.00 $2,500
G. Traffic Control 6 MO $4,000.00 $24,000
H. Tree Removal 10 EA $350.00 $3,500
TOTAL $120,830
2.VEHICULAR PAVING
A. Enhanced Roadway Pavers with Concrete Base 3,251 SF $20.00 $65,020
B. 6" Concrete Curb and Gutter 418 LF $16.00 $6,688
C. 8" Thick Concrete Pavement for the Alley 2,940 SF $8.00 $23,520
D. 24" Wide Concrete Bands 1,856 SF $9.00 $16,704
TOTAL $111,932
3. SHADE STRUCTURE / STAGE AREA
A. Shade Structure Steel Structure 1 LS $160,000.00 $160,000
B. Shade Structure Foundation/Installation 1 LS $55,000.00 $55,000
C. Enhanced Limestone Columns 8 EA $8,000.00 $64,000
D. Elevated Platform and Steps 1 LS $15,000.00 $15,000
E. Stainless Steel Handrails 20 LF $140.00 $2,800
E. Furnishings (Tables and Chairs)5 EA $2,500.00 $12,500
TOTAL $309,300
4. TIERED LOW WALLS
A. Structure 1 LS $68,000.00 $68,000
B. Limestone Veneer 1 LS $22,500.00 $22,500
C. Limestone End Columns 2 EA $3,900.00 $7,800
TOTAL $98,300
Colleyville Plaza 95% CD Cost Opinion.xls Page 1 of 7
No. Item Description Quantity Unit Unit Price Subtotal
5. PEDESTRIAN PAVING AND WALKS
A. 6" Depth Conc. Sidewalk and Misc. Site Paving 2,500 SF $8.00 $20,000
B. Enhanced Sidewalk Pavers with Concrete Base 5,600 SF $15.00 $84,000
C. ADA Barrier-Free Ramp 3 EA $2,250.00 $6,750
D. Tree Grates 3 EA $8,000.00 $24,000
TOTAL $134,750
6. LANDSCAPE DEVELOPMENT
A. 6" Caliper Large Shade Tree 19 EA $1,300.00 $24,700
B. 5 Gal. Shrub 24 EA $40.00 $960
C. 3 Gal. Shrub 57 EA $30.00 $1,710
D. Perennials Mix One 565 SF $15.00 $30,960
E. Perennials Mix Two 790 SF $15.00 $11,850
F. Sedge Groundcover 3,870 SF $8.00 $30,960
G. Common Bermuda Sod 800 SF $0.60 $480
H. TIFTUF Bermuda Sod 11,100 SF $0.75 $8,325
I. Irrigation 17,790 SF $0.60 $10,674
J. Decomposed Granite 360 SF $5.00 $1,800
K. Steel Edging 190 LF $8.00 $1,520
TOTAL $123,939
7. SITE FURNISHINGS & MISC. ELEMENTS
A. Benches 5 EA $1,800.00 $9,000
B. 18" Height Limestone Walls 325 LF $210.00 $68,250
C. Enhanced Limestone Columns at Walls 14 EA $1,300.00 $18,200
D. Limestone Kiosk 1 EA $4,000.00 $4,000
E. Misc. Site Furnishings 1 LS $12,000.00 $12,000
(Trash Receptacles, Drinking Fountain)
F. Removable Bollards 10 EA $2,000.00 $20,000
TOTAL $131,450
8. SITE UTILITIES & LIGHTING
A. Storm Sewer 1 LS $30,000.00 $30,000
(Storm and sanitary sewer drain line, water line, inlet)
B. 1" Water Service Tap and Meter (Irrigation)1 EA $3,000.00 $3,000
C. 1" Water Service Tap and Meter (Fountain)1 EA $7,500.00 $7,500
D. Transformer Relocation 1 LS $15,000.00 $15,000
1 LS $216,500.00 $216,500
F. Relocating Existing Telecommunication Lines 1 LS $10,000.00 $10,000
TOTAL $282,000
E. Area Lighting (Poles and Fixture), Electrical Power
to Shade Structure
Colleyville Plaza 95% CD Cost Opinion.xls Page 2 of 7
No. Item Description Quantity Unit Unit Price Subtotal
9. WATER FEATURE
A. Fountain Equipment and Lighting 1 LS $225,000.00 $225,000
B. Utility Connection 1 LS $15,000.00 $15,000
C. Fountain Finish Materials 1 LS $15,000.00 $15,000
TOTAL $255,000
Colleyville Plaza 95% CD Cost Opinion.xls Page 3 of 7
No. Item Description Quantity Unit Unit Price Subtotal
SUMMARY OF CONSTRUCTION TOTALS:
1. SITE PREPARATION AND GRADING $120,830
2.VEHICULAR PAVING $111,932
3. SHADE STRUCTURE / STAGE AREA $309,300
4. TIERED LOW WALLS $98,300
5. PEDESTRIAN PAVING AND WALKS $134,750
6. LANDSCAPE DEVELOPMENT $123,939
7. SITE FURNISHINGS & MISC. ELEMENTS $131,450
8. SITE UTILITIES & LIGHTING $282,000
9. WATER FEATURE $255,000
TOTAL
BASE TOTAL $1,567,501
+ 12% CONTINGENCY $188,100
CONSTRUCTION TOTAL $1,755,601
Colleyville Plaza 95% CD Cost Opinion.xls Page 4 of 7
PLAZA BOUNDARY EXTENSION
Colleyville, Texas
95% Submittal
November 15, 2018
No. Item Description Quantity Unit Unit Price Subtotal
1. PROJECT BOUNDARY EXTENSION
A. Demolition of Concrete Pavement 181 SY $10.00 $1,810
B. 24" Wide Concrete Bands 80 SF $9.00 $720
C. Enhanced Sidewalk Pavers with Concrete Base 1,550 SF $15.00 $23,250
TOTAL $25,780
SUMMARY OF CONSTRUCTION TOTALS:
1. PROJECT BOUNDARY EXTENSION $25,780
TOTAL
BASE TOTAL $25,780
+ 12% CONTINGENCY $3,094
EXTENSION TOTAL $28,874
Colleyville Plaza 95% CD Cost Opinion.xls Page 5 of 7
CITY HALL ENTRY PAVING ENHANCEMENT
Colleyville, Texas
Cost Opinion
January 4, 2019
No. Item Description Quantity Unit Unit Price Subtotal
1. SITE PREPARATION
A. Removing Existing Pavers 2,700 SF $15.00 $40,500
B. Demolition of Existing Concrete 181 SY $11.00 $1,991
C. Protecting Existing Building and Misc Elments 1 LS $3,500.00 $3,500
2PAVING
A. 24" Wide Concrete Bands 80 SF $9.00 $720
B. Clay Pavers 5,145 SF $15.00 $77,175
C. Speciality Granite Paving 1 LS $15,000.00 $15,000
3MISC.
A. Electrical Receptacle Housing 10 EA $800.00 $8,000
B. Landscape Repair 1 LS $3,500.00 $3,500
SUMMARY OF CONSTRUCTION TOTALS:
1. SITE PREPARATION $45,991
2.PAVING $92,895
3.MISC.$11,500
TOTAL
BASE TOTAL $150,386
+ 20% CONTINGENCY $30,077
EXTENSION TOTAL $180,463
Colleyville Plaza 95% CD Cost Opinion.xls Page 6 of 7
CITY HALL ENTRY ENHANCED LANDSCAPE PLANTINGS
Colleyville, Texas
Cost Opinion
January 4, 2019
No. Item Description Quantity Unit Unit Price Subtotal
1. CITY HALL ENTRY LANDSCAPE
A. Demolition of Existing Landscape 1 LS $3,000.00 $3,000
B. Tree Grates 10 EA $5,000.00 $50,000
C. 6" Caliper Large Shade Tree 10 EA $1,300.00 $13,000
D. Boxwood Hedge Border - Buxus x 'Gregem' 3g 280 EA $25.00 $7,000
E. New Sod - Zoysia 'Zeon'875 SF $1.50 $1,313
F. Steel Edging 225 LF $8.00 $1,800
TOTAL $76,113
SUMMARY OF CONSTRUCTION TOTALS:
1. CITY HALL ENTRY LANDSCAPE $76,113
TOTAL
BASE TOTAL $76,113
+ 20% CONTINGENCY $15,223
TOTAL $91,335
Colleyville Plaza 95% CD Cost Opinion.xls Page 7 of 7
2711 N. Haskell Avenue, Suite 3300 Dallas, Texas 75204 214-217-2200 fax 214-217-2201 www.freese.com
May 2, 2019
Ms. Adrienne Lothery, CGFO
Assistant City Manager
City of Colleyville
100 Main Street
Colleyville, Texas 76034
Re: Bid Analysis – Colleyville Plaza
Ms. Lothery,
This letter serves as the bid analysis for the referenced project. The advertising, addenda, bid opening
and tabulation, and bid analysis processes are detailed below.
Advertising
The project was advertised on CivCast from March 10th through April 23rd. There were thirty-six (36) plan
holders who identified themselves as general contractors.
Addenda
There was one (1) addenda for this project, dated April 15, 2019.
Bid Opening and Tabulation
Bids were opened on April 23, 2019 at 2:00 pm at City Hall. There were eight (8) bidders on the project:
Overall, the low bid was 12% higher than FNI’s OPCC.
There was one (1) alternate bid on the project.
Bid Analysis
Number of Bids
There were eight (8) bids on the project. The number of bids is above average for the project size,
project type and current market conditions in North Texas.
Current Market Conditions and Workloads
Based upon the design team’s experience, current market conditions and contractor workloads were
expected to impact the bids. Bid prices were overall higher than anticipated likely due to several factors
such as high local demand, price volatility, compact working area, timeline and site constraints.
Contract Award Recommendation
As established in the project manual, the award to the successful bidder is based on best value to the
City of Colleyville as allowed by Chapter 252 of the Local Government Code. The design team used the
best value evaluation criteria and designated point system to assign scores for each category of criteria
to indicate the relative assessment of best value to the Owner.
Category Min Max
Denco
Constructio
C. Green
Scaping
The Fain
Group Northridge RJM FWCC Ratliff Philips May
Total project pricing 0 20 20 17.5 15 12.5 10 7.5 5 2.5
Quality of the bidder's goods and services 0 15 10 10 15 15 10 10 10 10
Bidder's experience with similar projects in the past 5 years 0 15 10 10 15 15 7 7 10 10
The experience and reputation of the key project personnel 0 15 10 10 15 15 10 10 10 10
References and quality/performance record from bidder's previous work 0 10 5 8 10 7 8 8 8 5
The bidder's financial and organizational stability 0 5 5 5 5 5 5 5 5 5
The extent to which the goods or services meet the City's needs 0 10 5 5 10 10 5 5 5 5
The total long-term cost to the City to acquire the bidder's goods or services 0 10 5 5 10 10 5 5 5 5
Totals 70 70.5 95 89.5 60 57.5 58 52.5
Based on the above established criteria, FNI recommends awarding the project to The Fain Group. Their
bid is responsive, it provided ample experience with similar projects, and provided good project
references.
Sincerely,
FREESE AND NICHOLS, INC.
Shane Friese, ASLA, RLA,
Landscape Architect
Construction Services Agreement Page 1
CONSTRUCTION SERVICES AGREEMENT
Colleyville Plaza
This CONSTRUCTION SERVICES AGREEMENT (“Agreement”) is made as of the Effective
Date by and between The Fain Group, Inc., a Texas Corporation, hereinafter called "CONTRACTOR", and
the City of Colleyville, Texas, hereinafter called "CITY".
RECITALS
WHEREAS, CITY desires CONTRACTOR to perform certain work and services set forth in Section
1 (the “Scope of Services”), and
WHEREAS, CONTRACTOR has expressed a willingness to perform said work and services,
hereinafter referred to only as "services", specified in the Contract Documents, and enumerated under Section
1, of this Agreement;
NOW, THEREFORE, for and in consideration of the covenants and promises made one to the other
herein, CITY and CONTRACTOR agree as follows:
Section 1.Scope of Services
Upon issuance of a written Notice to Proceed by CITY, CONTRACTOR agrees to provide to CITY
the necessary services, labor, materials, equipment and supplies related to the City of Colleyville Colleyville
Plaza (the “Project”), such services being more fully described herein and pursuant to the plans and
specifications identified in the Contract Documents.
Section 2.Term of Agreement
The term of this Agreement shall begin on the last date of execution hereof (the “Effective Date”) and
shall continue until CONTRACTOR completes the services required herein to the satisfaction of CITY and
has been paid in full by City, unless sooner terminated as provided in Section 9, below.
Section 3.Contract Documents
A.This Agreement is a part of the Contract Documents, which include:
1)This Agreement, including all exhibits and addenda hereto;
2)CITY’S Specifications and Contract Documents for the Project (“Bid Packet”);
3)CITY’S written notice(s) to proceed to the CONTRACTOR;
4)Properly authorized change orders;
5)CONTRACTOR’s Bid Proposal (“Proposal” and/or “Response”); and
6)Any other materials distributed by the CITY that relate to the Project.
In the event there exists a conflict between any term, provision and/or interpretation of the Contract
Documents, the documents shall take precedent and control in the order listed above in this Section. If
discrepancies are found that may impact construction of the Project, it shall be the Contractor’s obligation to
seek clarification as to which requirements or provisions control before undertaking any work on that
component of the project. Should the Contractor fail or refuse to seek a clarification of such conflicting or
inconsistent requirements or provisions prior to any work on that component of the project, the Contractor
shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair
and/or correct that component of the Project.
Construction Services Agreement Page 2
Section 4.Contractor Obligations
A.CONTRACTOR shall devote such time as reasonably necessary for the satisfactory
performance of the work under this Agreement. Should CITY require additional services not included under
this Agreement, CONTRACTOR shall make reasonable effort to provide such additional services at mutually
agreed 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.
B.To the extent reasonably necessary for CONTRACTOR to perform the services under this
Agreement, CONTRACTOR shall be authorized to engage the services of any agents, assistants, persons, or
corporations that CONTRACTOR may deem proper to aid or assist in the performance of the services under
this Agreement with the prior written approval of CITY. The cost of such personnel and assistance shall be a
reimbursable expense to CONTRACTOR only if authorized in writing in advance by CITY.
C.Unless otherwise agreed, CONTRACTOR shall provide and pay for all materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel,
transportation and all other facilities necessary for the execution and completion of the work covered by the
Scope of Services. Unless otherwise specified, all materials shall be new and both workmanship and materials
shall be of a good quality. CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and
quality of materials. Materials or work described in words that so applied have well known, technical or trade
meaning shall be held to refer to such recognized standards.
D.CONTRACTOR shall comply with all laws, ordinances, rules and regulations governing
CONTRACTOR's performance of this Agreement.
E.All minor details of the work not specifically mentioned in the Scope of Services or Project
Drawings but obviously necessary for the proper completion of the work, such as the proper connection of
new work to old, shall be considered as incidental to and a part of the work for which the prices are set forth
in this Agreement. CONTRACTOR will not be entitled to any additional compensation therefor unless
specifically stated otherwise. Otherwise the term "extra work" as used in this Agreement shall be understood
to mean and include all work that may be required by CITY to be done by CONTRACTOR to accomplish
any alteration or addition to the work as shown on the Project Drawings. It is agreed that CONTRACTOR
shall perform all extra work under the direction of the City's Representative when presented with a written
work order signed by the City's Representative, subject, however, to the right of CONTRACTOR to require
written confirmation of such extra work order by CITY. Payment for extra work shall be as agreed in the
work order.
F.CONTRACTOR agrees to indemnify, defend, and save CITY harmless from all claims
growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen, and suppliers of
machinery and parts thereof, equipment, power tools, all supplies incurred in the furtherance of the
performance of this Agreement. When CITY requests, CONTRACTOR shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been paid, discharged or waived.
Section 5.Payment
A.CITY agrees to pay CONTRACTOR for all services authorized in writing and properly
performed by CONTRACTOR in a total amount not to exceed TWO MILLION SEVEN HUNDRED
SEVENTY-FOUR THOUSAND, FIVE HUNDRED FORTY-SEVEN DOLLARS AND FIFTY CENTS
($2,774,547.50) (“Contract Price”), subject to additions or deletions for changes or extras agreed upon in
writing. Unless otherwise provided herein, payment to CONTRACTOR shall be monthly based on the
CONTRACTOR’S monthly progress report and detailed monthly itemized statement for services that shows
the names of the CONTRACTOR’S employees, agents, contractors performing the services, the time worked,
Construction Services Agreement Page 3
the actual services performed, and the rates charged for such services, in a form reasonably acceptable to
CITY. CITY shall pay such monthly statements within thirty (30) days after receipt and CITY verification of
the services.
B.CITY may deduct from any amounts due or to become due to CONTRACTOR any sum or
sums owing by CONTRACTOR to CITY. In the event of any breach by CONTRACTOR of any provision
or obligation of this Agreement, or in the event of the assertion by other parties of any claim or lien against
CITY, or the CITY'S premises, arising out of CONTRACTOR's performance of this Agreement, CITY shall
have the right to retain out of any payments due or to become due to CONTRACTOR an amount sufficient to
completely protect the CITY from any and all loss, damage or expense therefrom, until the breach, claim or
lien has been satisfactorily remedied or adjusted by CONTRACTOR.
C.CITY may, on account of subsequently discovered evidence, withhold the whole or part of
any payment to such extent as may be necessary to protect itself from loss on account of:
(1)Defective work not remedied;
(2)Claims filed or reasonable evidence indicating possible filing of claims;
(3)Failure of CONTRACTOR to make payments promptly to subcontractors or for
material or labor which CITY may pay as an agent for the CONTRACTOR; or
(4)Damages to another contractor or subcontractor.
When the above grounds are removed, or CONTRACTOR provides a surety bond satisfactory to CITY which
will protect CITY in the amount withheld because of said grounds, CITY will release the amounts withheld.
Section 6.Responsibilities
A.CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the
coordination of all materials, construction, installation and other services furnished by CONTRACTOR under
this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or
deficiencies in the installation and construction of the Project components to conform as shown in the Project
drawings and specifications.
B.Neither CITY's review, approval or acceptance of, nor payment for any of the services
required under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement
or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and
remain liable to CITY in accordance with applicable law for all damages to CITY caused by
CONTRACTOR's negligent performance of any of the services furnished under this Agreement.
C.The rights and remedies of CITY under this Agreement are as provided by law.
Section 7.Time for Performance
A.CONTRACTOR shall perform all services as provided for under this Agreement in a proper,
efficient, timely, and professional manner in accordance with CITY'S requirements.
B.In the event CONTRACTOR's performance of this Agreement is delayed or interfered with
by acts of the CITY or others, CONTRACTOR may request an extension of time for the performance of same
as hereinafter provided, but shall not be entitled to any increase in fee or price, or to damages or additional
compensation as a consequence of such delays.
Construction Services Agreement Page 4
C.No allowance of any extension of time, for any cause whatever, shall be claimed or made to
CONTRACTOR, unless CONTRACTOR shall have made written request upon CITY for such extension
within forty-eight (48) hours after the cause for such extension occurred, and unless CITY and
CONTRACTOR have agreed in writing upon the allowance of additional time to be made.
D.CONTRACTOR understands and agrees that time is of the essence of this contract, and that
for each day of delay beyond the number of calendar days agreed upon for the completion of the work herein
specified and contracted for (after due allowance for such extension of time as may otherwise be provided for
extension of time herein), the Owner may withhold permanently from the Contract Price an amount equal to
$2,000 per day.
E.In case CONTRACTOR should abandon and fail or refuse to resume work within ten (10)
days after written notification from the City, or if CONTRACTOR fails to comply with the orders of the
CITY, when such orders are consistent with the Contract Documents, then, and in that case, where
performance and payment bonds exist, the Sureties on these bonds may be notified in writing by CITY and
directed to complete the work (at CITY’S sole discretion), and a copy of said notice shall be delivered to
CONTRACTOR. After receiving said notice of abandonment, CONTRACTOR shall not remove from the
work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any
materials and equipment under contract for the work, may be held for use on the work by the CITY or the
Surety on the performance bond, or another contractor in completion of the work; and CONTRACTOR shall
not receive any rental or credit therefor, it being understood that the use of such equipment and materials will
ultimately reduce the cost to complete the work and be reflected in the final settlement. Nothing in this section
shall be deemed a waiver of any remedy available to the CITY under this Agreement and the CITY shall retain
all remedies upon default provided in Section 14 herein.
(1)In case the Surety should fail to commence compliance with the notice for completion
hereinbefore provided for, within Ten and No/100 Dollars (10) days after service such
notice, then the CITY may provide for completion of the work in either of the following
elective manners:
a.The CITY may employ such force of labor and use such machinery, equipment,
tools, materials and supplies as said CITY may deem necessary to complete the
work and charge the expense of such labor, machinery, equipment, tools, materials
and supplies to said CONTRACTOR, and expense so charged shall be deducted
and paid by the CITY out of such moneys as may be due, or that may thereafter at
any time become due to the CONTRACTOR under and by virtue of this
Agreement. In case such expense is less than the sum which would have been
payable under this contract, if the same had been completed by the
CONTRACTOR, then said CONTRACTOR shall receive the difference. In case
such expense is greater than the sum which would have been payable under this
contract, if the same had been completed by said CONTRACTOR, then the
CONTRACTOR and/or its Surety shall pay the amount of such excess to the CITY;
or
b.The CITY under sealed bids, when and in the manner required by law, may let the
contract for the completion of the work under substantially the same terms and
conditions which are provided in this Agreement. In the case of any increase in
cost to the CITY under the new contract as compared to what would have been the
cost under this Agreement, such increase shall be charged to the CONTRACTOR
and the Surety shall be and remain bound therefor. However, should the cost to
complete any such new contract prove to be less than what would have been the
Construction Services Agreement Page 5
cost to complete under this Agreement, the CONTRACTOR and/his Surety shall
be credited therewith.
Section 8.Ownership of Project; Bill of Sale
A.CONTRACTOR warrants that title to all work, including all equipment and materials
incorporated into the Project, will pass to CITY no later than the time of final payment. CONTRACTOR
further warrants that upon payment by CITY, all Work for which payments have been received from CITY
shall be free and clear of liens, claims, security interests or other encumbrances in favor of CONTRACTOR
or any other person or entity whatsoever.
B.CONTRACTOR agrees to assign to CITY at the time of completion of the Scope of Services
all manufacturer’s warranties relating to equipment, materials and labor used in the Project and further agrees
to perform the Project in such manner to preserve all manufacturer’s warranties. If necessary as a matter of
law, CONTRACTOR may retain the right to enforce directly any such manufacturers’ warranties during the
one year period following the date of acceptance of the Project by City.
Section 9.Termination
A.CITY may suspend or terminate this Agreement for cause or without cause at any time by
giving written notice to CONTRACTOR. In the event suspension or termination is without cause, payment to
CONTRACTOR, in accordance with the terms of this Agreement, will be made based on services reasonably
determined by CITY to be satisfactorily performed to the date of suspension or termination. Such payment
will be due upon delivery of all instruments of service to CITY.
B.If CITY requires a modification of this Agreement with CONTRACTOR, and in the event
CITY and CONTRACTOR fail to agree upon a modification to this Agreement, CITY shall have the option
of terminating this Agreement and CONTRACTOR's services hereunder at no additional cost other than the
payment to CONTRACTOR, in accordance with the terms of this Agreement, for the services reasonably
determined by CITY to be properly performed by CONTRACTOR prior to such termination date.
Section 10.Insurance
A.CONTRACTOR shall during the term hereof maintain in full force and effect the following
insurance:
(1)a comprehensive general liability policy of insurance for bodily injury, death and property
damage insuring against all claims, demands or actions relating to the CONTRACTOR’s
performance of services pursuant to this Agreement with a minimum combined single
limit of not less than $2,000,000.00 per occurrence and $4,000,000.00 aggregate for
injury to persons (including death), and for property damage; and
(2)a policy of automobile liability insurance covering any vehicles owned and/or operated
by CONTRACTOR, its officers, agents, and employees, and used in the performance of
this Agreement with policy limits of not less than $500,000.00 combined single limit and
aggregate for bodily injury and property damage; and
(3)statutory Worker’s Compensation Insurance at the statutory limits and Employers
Liability covering all of CONTRACTOR’s employees involved in the provision of
services under this Agreement with policy limit of not less than $500,000.00.
B.All insurance and certificate(s) of insurance shall:
Construction Services Agreement Page 6
(1)provide for at least thirty (30) days prior written notice to CITY for cancellation or non-
renewal of the insurance; and
(2) name CITY, its officers, and employees as additional insureds as to all applicable
coverage with the exception of Workers Compensation Insurance; and
(3)provide for a waiver of subrogation against CITY for injuries, including death, property
damage, or any other loss to the extent the same is covered by the proceeds of insurance.
C.All insurance companies providing the required insurance shall be authorized to transact
business in Texas and rated at least “A” by AM Best or other equivalent rating service.
D.A certificate of insurance evidencing the required insurance and all endorsements shall be
submitted prior to commencement of services. Contractor shall provide written notice to CITY of any material
change of or to the insurance required herein.
Section 11.Indemnification.
CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND
OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF
CONTRACTOR PURSUANT TO THIS AGREEMENT. CONTRACTOR HEREBY WAIVES ALL
CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY
REFERRED TO IN THIS SECTION AS “CITY”) FOR DAMAGE TO ANY PROPERTY OR
INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE
OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY OR BREACH OF
CITY’S OBLIGATIONS HEREUNDER. CONTRACTOR AGREES TO INDEMNIFY AND SAVE
HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS,
SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS’ FEES AND COSTS
OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR DEATH
OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY
CONTRACTOR’S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT
OR BY REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF CONTRACTOR,
ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES,
CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN
SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM
OR ARE ATTRIBUTED TO NEGLIGENCE OF CITY, IN WHOLE OR IN PART, IN WHICH CASE
CONTRACTOR SHALL INDEMNIFY CITY ONLY TO THE EXTENT OR PROPORTION OF
NEGLIGENCE ATTRIBUTED TO CONTRACTOR AND/OR ITS OFFICERS, DIRECTORS,
SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS
OR PERMITTED ASSIGNS AS DETERMINED BY A COURT OR OTHER FORUM OF
COMPETENT JURISDICTION). CONTRACTOR’S OBLIGATIONS UNDER THIS SECTION
SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED
OR REQUIRED TO BE MAINTAINED BY CONTRACTOR UNDER THIS AGREEMENT. THIS
PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
Section 12.Assignment
CONTRACTOR shall not assign or sublet this Agreement, or any part thereof, without the prior
written consent of CITY.
Construction Services Agreement Page 7
Section 13.Applicable Laws
CONTRACTOR shall comply with all Federal, State, County and Municipal laws, ordinances,
regulations, safety orders, resolutions and building codes relating or applicable to services to be performed
under this Agreement. The laws of the State of Texas shall govern this Agreement; and venue for any action
concerning this Agreement shall be in the State District Court of Tarrant County, Texas. The parties agree to
submit to the personal and subject matter jurisdiction of said court
Section 14.Default of CONTRACTOR
In the event CONTRACTOR fails to comply or becomes disabled and unable to comply with the
provisions of this Agreement as to the quality or character of the service or time of performance, and the
failure is not corrected within ten (10) days after written notice by CITY to CONTRACTOR, CITY may, at
its sole discretion without prejudice to any other right or remedy:
A.Terminate this Agreement and be relieved of the payment of any further consideration to
CONTRACTOR except for all work determined by CITY to be satisfactorily completed prior to termination.
Payment for work satisfactorily completed shall be for actual costs, including reasonable salaries and travel
expenses of CONTRACTOR to and from meetings called by CITY at which CONTRACTOR is required to
attend, but shall not include any loss of profit of CONTRACTOR. In the event, of such termination, CITY
may proceed to complete the services in any manner deemed proper by CITY, either by the use of its own
forces or by resubletting to others.
B.CITY may, without terminating this Agreement or taking over the services, furnish the
necessary materials, equipment, supplies and/or help necessary to remedy the situation, at the expense of
CONTRACTOR.
Section 15.Adjustments in Services
No claims for extra services, additional services or changes in the services will be made by
CONTRACTOR without a written agreement with CITY prior to the performance of such services.
Section 16.Execution Becomes Effective
This Agreement will be effective upon signing of the Agreement by authorized representatives of
CONTRACTOR and CITY.
Section 17.Agreement Amendments
This Agreement contains the entire understanding of the parties with respect to the subject matter
hereof and there are no oral understandings, statements or stipulations bearing upon the meaning or effect of
this Agreement which have not been incorporated herein. This Agreement may only be modified, amended,
supplemented or waived by a written instrument executed by the parties except as may be otherwise provided
therein.
Section 18.Severability.
In the event any one or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall
not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained in it.
Construction Services Agreement Page 8
Section 19.Independent Contractor.
In satisfying the conditions of and providing the services under this Agreement, CONTRACTOR is
acting independently, and CITY assumes no responsibility or liabilities to any third party in connection with
CONTRACTOR’s actions. All services to be performed by CONTRACTOR pursuant to this Agreement shall
be in the capacity of an independent contractor and not as an agent or employee of CITY. CONTRACTOR
shall supervise the performance of its services and shall be entitled to control the manner and means by which
its services are to be performed, subject to the terms of this Agreement. There is no intended third-party
beneficiary to this Agreement.
Section 20.Right-Of-Access.
CITY will obtain and/or furnish right-of-access on any project site for CONTRACTOR to perform
any required studies, surveys, tests or other necessary investigations in relation to the Scope of Services.
CONTRACTOR will take reasonable precautions to minimize damage to the personal or real property in the
performance of such surveys, tests, studies and investigations.
Section 21.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 to CITY:City Manager
Attn: Jerry Ducay
City of City of Colleyville
100 Main Street
City of Colleyville, Texas 76034
If to CONTRACTOR:The Fain Group, Inc.
Attn: Larry Frazier
2500 Great Southwest Parkway
Fort Worth, Texas 76106
Section 22.Counterparts
This Agreement may be executed by the parties hereto in separate counterparts, each of which when
so executed and delivered shall be 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.
Section 23.Recitals; Exhibits.
All recitals and exhibits attached hereto are incorporated and made a part hereof for all purposes.
Section 24.Survival of Obligations.
Any of the representations 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.
Construction Services Agreement Page 9
Section 25.Sales and Use Taxes
CONTRACTOR understands and acknowledges that CITY is a governmental entity and exempt from
the payment of sales and use taxes for certain materials and equipment conveyed to City as part of this Project
or otherwise incorporated into the Project. CITY agrees to provide CONTRACTOR such documentation as
may otherwise be required by state law to allow CONTRACTOR to avoid payment of sales and uses taxes
for materials and equipment with respect to the Project to the extent allowed by law.
EXECUTED on May 7, 2019
CITY OF City of Colleyville, TEXAS
By:____________________________________
Jerry Ducay, City Manager
ATTEST:
_________________________________
Christine Loven, City Secretary
APPROVED AS TO FORM:
________________________________
Whitt Wyatt, City Attorney
Staff:pk:Date:May 1, 2019:v4.2019
EXECUTED on ____________________, 2019
CONTRACTOR
The Fain Group, Inc.
By:_______________________________________
Larry Frazier, President
RESOLUTION R-19-4381
APPROVAL OF A CONSTRUCTION SERVICES AGREEMENT WITH
THE FAIN GROUP, INC. FOR THE COLLEYVILLE PLAZA PROJECT,
IN AN AMOUNT NOT TO EXCEED $2,774,547.50, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the City of Colleyville solicited sealed bids for the
construction of Colleyville Plaza; and
WHEREAS, the City received eight sealed bids, which were opened and
publicly read aloud on April 23, 2019; and
WHEREAS, the City has chosen The Fain Group, Inc. to be the successful
bidder as determined by best value to the City of Colleyville,
as allowed by Chapter 252 of the Local Government Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the above findings are found to be true and correct and
are incorporated herein by reference as if copied in their
entirety.
Sec. 2. THAT the construction services agreement with The Fain
Group, Inc. attached as Exhibit “A”, in an amount not to
exceed $2,774,547.50, ($2,468,693 for the base bid and
$305,854.50 for Alternate No. 1) is hereby approved.
Sec. 3. THAT the City Manager is authorized to execute the
agreement.
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 7TH DAY OF MAY 2019.
Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye
Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye
Place 4, George Dodson Aye Place 5, Chuck Kelley Aye
Place 6, Callie Rigney Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
Construction Services Agreement Page 1
Exhibit “A”
CONSTRUCTION SERVICES AGREEMENT
Colleyville Plaza
This CONSTRUCTION SERVICES AGREEMENT (“Agreement”) is made as of the Effective
Date by and between The Fain Group, Inc., a Texas Corporation, hereinafter called "CONTRACTOR", and
the City of Colleyville, Texas, hereinafter called "CITY".
RECITALS
WHEREAS, CITY desires CONTRACTOR to perform certain work and services set forth in Section
1 (the “Scope of Services”), and
WHEREAS, CONTRACTOR has expressed a willingness to perform said work and services,
hereinafter referred to only as "services", specified in the Contract Documents, and enumerated under Section
1, of this Agreement;
NOW, THEREFORE, for and in consideration of the covenants and promises made one to the other
herein, CITY and CONTRACTOR agree as follows:
Section 1. Scope of Services
Upon issuance of a written Notice to Proceed by CITY, CONTRACTOR agrees to provide to CITY
the necessary services, labor, materials, equipment and supplies related to the City of Colleyville Colleyville
Plaza (the “Project”), such services being more fully described herein and pursuant to the plans and
specifications identified in the Contract Documents.
Section 2. Term of Agreement
The term of this Agreement shall begin on the last date of execution hereof (the “Effective Date”) and
shall continue until CONTRACTOR completes the services required herein to the satisfaction of CITY and
has been paid in full by City, unless sooner terminated as provided in Section 9, below.
Section 3. Contract Documents
A. This Agreement is a part of the Contract Documents, which include:
1) This Agreement, including all exhibits and addenda hereto;
2) CITY’S Specifications and Contract Documents for the Project (“Bid Packet”);
3) CITY’S written notice(s) to proceed to the CONTRACTOR;
4) Properly authorized change orders;
5) CONTRACTOR’s Bid Proposal (“Proposal” and/or “Response”); and
6) Any other materials distributed by the CITY that relate to the Project.
In the event there exists a conflict between any term, provision and/or interpretation of the Contract
Documents, the documents shall take precedent and control in the order listed above in this Section. If
discrepancies are found that may impact construction of the Project, it shall be the Contractor’s obligation to
seek clarification as to which requirements or provisions control before undertaking any work on that
component of the project. Should the Contractor fail or refuse to seek a clarification of such conflicting or
inconsistent requirements or provisions prior to any work on that component of the project, the Contractor
Construction Services Agreement Page 2
shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair
and/or correct that component of the Project.
Section 4. Contractor Obligations
A. CONTRACTOR shall devote such time as reasonably necessary for the satisfactory
performance of the work under this Agreement. Should CITY require additional services not included under
this Agreement, CONTRACTOR shall make reasonable effort to provide such additional services at mutually
agreed 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.
B. To the extent reasonably necessary for CONTRACTOR to perform the services under this
Agreement, CONTRACTOR shall be authorized to engage the services of any agents, assistants, persons, or
corporations that CONTRACTOR may deem proper to aid or assist in the performance of the services under
this Agreement with the prior written approval of CITY. The cost of such personnel and assistance shall be a
reimbursable expense to CONTRACTOR only if authorized in writing in advance by CITY.
C. Unless otherwise agreed, CONTRACTOR shall provide and pay for all materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel,
transportation and all other facilities necessary for the execution and completion of the work covered by the
Scope of Services. Unless otherwise specified, all materials shall be new and both workmanship and materials
shall be of a good quality. CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and
quality of materials. Materials or work described in words that so applied have well known, technical or trade
meaning shall be held to refer to such recognized standards.
D. CONTRACTOR shall comply with all laws, ordinances, rules and regulations governing
CONTRACTOR's performance of this Agreement.
E. All minor details of the work not specifically mentioned in the Scope of Services or Project
Drawings but obviously necessary for the proper completion of the work, such as the proper connection of
new work to old, shall be considered as incidental to and a part of the work for which the prices are set forth
in this Agreement. CONTRACTOR will not be entitled to any additional compensation therefor unless
specifically stated otherwise. Otherwise the term "extra work" as used in this Agreement shall be understood
to mean and include all work that may be required by CITY to be done by CONTRACTOR to accomplish
any alteration or addition to the work as shown on the Project Drawings. It is agreed that CONTRACTOR
shall perform all extra work under the direction of the City's Representative when presented with a written
work order signed by the City's Representative, subject, however, to the right of CONTRACTOR to require
written confirmation of such extra work order by CITY. Payment for extra work shall be as agreed in the
work order.
F. CONTRACTOR agrees to indemnify, defend, and save CITY harmless from all claims
growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen, and suppliers of
machinery and parts thereof, equipment, power tools, all supplies incurred in the furtherance of the
performance of this Agreement. When CITY requests, CONTRACTOR shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been paid, discharged or waived.
Section 5. Payment
A. CITY agrees to pay CONTRACTOR for all services authorized in writing and properly
performed by CONTRACTOR in a total amount not to exceed TWO MILLION SEVEN HUNDRED
SEVENTY-FOUR THOUSAND, FIVE HUNDRED FORTY-SEVEN DOLLARS AND FIFTY CENTS
($2,774,547.50) (“Contract Price”), subject to additions or deletions for changes or extras agreed upon in
Construction Services Agreement Page 3
writing. Unless otherwise provided herein, payment to CONTRACTOR shall be monthly based on the
CONTRACTOR’S monthly progress report and detailed monthly itemized statement for services that shows
the names of the CONTRACTOR’S employees, agents, contractors performing the services, the time worked,
the actual services performed, and the rates charged for such services, in a form reasonably acceptable to
CITY. CITY shall pay such monthly statements within thirty (30) days after receipt and CITY verification of
the services.
B. CITY may deduct from any amounts due or to become due to CONTRACTOR any sum or
sums owing by CONTRACTOR to CITY. In the event of any breach by CONTRACTOR of any provision or
obligation of this Agreement, or in the event of the assertion by other parties of any claim or lien against CITY,
or the CITY'S premises, arising out of CONTRACTOR's performance of this Agreement, CITY shall have
the right to retain out of any payments due or to become due to CONTRACTOR an amount sufficient to
completely protect the CITY from any and all loss, damage or expense therefrom, until the breach, claim or
lien has been satisfactorily remedied or adjusted by CONTRACTOR.
C. CITY may, on account of subsequently discovered evidence, withhold the whole or part of
any payment to such extent as may be necessary to protect itself from loss on account of:
(1) Defective work not remedied;
(2) Claims filed or reasonable evidence indicating possible filing of claims;
(3) Failure of CONTRACTOR to make payments promptly to subcontractors or for
material or labor which CITY may pay as an agent for the CONTRACTOR; or
(4) Damages to another contractor or subcontractor.
When the above grounds are removed, or CONTRACTOR provides a surety bond satisfactory to CITY which
will protect CITY in the amount withheld because of said grounds, CITY will release the amounts withheld.
Section 6. Responsibilities
A. CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the
coordination of all materials, construction, installation and other services furnished by CONTRACTOR under
this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or
deficiencies in the installation and construction of the Project components to conform as shown in the Project
drawings and specifications.
B. Neither CITY's review, approval or acceptance of, nor payment for any of the services
required under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement
or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and
remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR's
negligent performance of any of the services furnished under this Agreement.
C. The rights and remedies of CITY under this Agreement are as provided by law.
Section 7. Time for Performance
A. CONTRACTOR shall perform all services as provided for under this Agreement in a proper,
efficient, timely, and professional manner in accordance with CITY'S requirements.
Construction Services Agreement Page 4
B. In the event CONTRACTOR's performance of this Agreement is delayed or interfered with
by acts of the CITY or others, CONTRACTOR may request an extension of time for the performance of same
as hereinafter provided, but shall not be entitled to any increase in fee or price, or to damages or additional
compensation as a consequence of such delays.
C. No allowance of any extension of time, for any cause whatever, shall be claimed or made to
CONTRACTOR, unless CONTRACTOR shall have made written request upon CITY for such extension
within forty-eight (48) hours after the cause for such extension occurred, and unless CITY and
CONTRACTOR have agreed in writing upon the allowance of additional time to be made.
D. CONTRACTOR understands and agrees that time is of the essence of this contract, and that
for each day of delay beyond the number of calendar days agreed upon for the completion of the work herein
specified and contracted for (after due allowance for such extension of time as may otherwise be provided for
extension of time herein), the Owner may withhold permanently from the Contract Price an amount equal to
$2,000 per day.
E. In case CONTRACTOR should abandon and fail or refuse to resume work within ten (10)
days after written notification from the City, or if CONTRACTOR fails to comply with the orders of the
CITY, when such orders are consistent with the Contract Documents, then, and in that case, where
performance and payment bonds exist, the Sureties on these bonds may be notified in writing by CITY and
directed to complete the work (at CITY’S sole discretion), and a copy of said notice shall be delivered to
CONTRACTOR. After receiving said notice of abandonment, CONTRACTOR shall not remove from the
work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any
materials and equipment under contract for the work, may be held for use on the work by the CITY or the
Surety on the performance bond, or another contractor in completion of the work; and CONTRACTOR shall
not receive any rental or credit therefor, it being understood that the use of such equipment and materials will
ultimately reduce the cost to complete the work and be reflected in the final settlement. Nothing in this section
shall be deemed a waiver of any remedy available to the CITY under this Agreement and the CITY shall retain
all remedies upon default provided in Section 14 herein.
(1) In case the Surety should fail to commence compliance with the notice for completion
hereinbefore provided for, within Ten and No/100 Dollars (10) days after service such
notice, then the CITY may provide for completion of the work in either of the following
elective manners:
a. The CITY may employ such force of labor and use such machinery, equipment,
tools, materials and supplies as said CITY may deem necessary to complete the
work and charge the expense of such labor, machinery, equipment, tools, materials
and supplies to said CONTRACTOR, and expense so charged shall be deducted
and paid by the CITY out of such moneys as may be due, or that may thereafter at
any time become due to the CONTRACTOR under and by virtue of this
Agreement. In case such expense is less than the sum which would have been
payable under this contract, if the same had been completed by the
CONTRACTOR, then said CONTRACTOR shall receive the difference. In case
such expense is greater than the sum which would have been payable under this
contract, if the same had been completed by said CONTRACTOR, then the
CONTRACTOR and/or its Surety shall pay the amount of such excess to the CITY;
or
b. The CITY under sealed bids, when and in the manner required by law, may let the
contract for the completion of the work under substantially the same terms and
conditions which are provided in this Agreement. In the case of any increase in
Construction Services Agreement Page 5
cost to the CITY under the new contract as compared to what would have been the
cost under this Agreement, such increase shall be charged to the CONTRACTOR
and the Surety shall be and remain bound therefor. However, should the cost to
complete any such new contract prove to be less than what would have been the
cost to complete under this Agreement, the CONTRACTOR and/his Surety shall
be credited therewith.
Section 8. Ownership of Project; Bill of Sale
A. CONTRACTOR warrants that title to all work, including all equipment and materials
incorporated into the Project, will pass to CITY no later than the time of final payment. CONTRACTOR
further warrants that upon payment by CITY, all Work for which payments have been received from CITY
shall be free and clear of liens, claims, security interests or other encumbrances in favor of CONTRACTOR
or any other person or entity whatsoever.
B. CONTRACTOR agrees to assign to CITY at the time of completion of the Scope of Services
all manufacturer’s warranties relating to equipment, materials and labor used in the Project and further agrees
to perform the Project in such manner to preserve all manufacturer’s warranties. If necessary as a matter of
law, CONTRACTOR may retain the right to enforce directly any such manufacturers’ warranties during the
one year period following the date of acceptance of the Project by City.
Section 9. Termination
A. CITY may suspend or terminate this Agreement for cause or without cause at any time by
giving written notice to CONTRACTOR. In the event suspension or termination is without cause, payment to
CONTRACTOR, in accordance with the terms of this Agreement, will be made based on services reasonably
determined by CITY to be satisfactorily performed to the date of suspension or termination. Such payment
will be due upon delivery of all instruments of service to CITY.
B. If CITY requires a modification of this Agreement with CONTRACTOR, and in the event
CITY and CONTRACTOR fail to agree upon a modification to this Agreement, CITY shall have the option
of terminating this Agreement and CONTRACTOR's services hereunder at no additional cost other than the
payment to CONTRACTOR, in accordance with the terms of this Agreement, for the services reasonably
determined by CITY to be properly performed by CONTRACTOR prior to such termination date.
Section 10. Insurance
A. CONTRACTOR shall during the term hereof maintain in full force and effect the following
insurance:
(1) a comprehensive general liability policy of insurance for bodily injury, death and property
damage insuring against all claims, demands or actions relating to the CONTRACTOR’s
performance of services pursuant to this Agreement with a minimum combined single
limit of not less than $2,000,000.00 per occurrence and $4,000,000.00 aggregate for
injury to persons (including death), and for property damage; and
(2) a policy of automobile liability insurance covering any vehicles owned and/or operated
by CONTRACTOR, its officers, agents, and employees, and used in the performance of
this Agreement with policy limits of not less than $500,000.00 combined single limit and
aggregate for bodily injury and property damage; and
Construction Services Agreement Page 6
(3) statutory Worker’s Compensation Insurance at the statutory limits and Employers
Liability covering all of CONTRACTOR’s employees involved in the provision of
services under this Agreement with policy limit of not less than $500,000.00.
B. All insurance and certificate(s) of insurance shall:
(1) provide for at least thirty (30) days prior written notice to CITY for cancellation or non-
renewal of the insurance; and
(2) name CITY, its officers, and employees as additional insureds as to all applicable
coverage with the exception of Workers Compensation Insurance; and
(3) provide for a waiver of subrogation against CITY for injuries, including death, property
damage, or any other loss to the extent the same is covered by the proceeds of insurance.
C. All insurance companies providing the required insurance shall be authorized to transact
business in Texas and rated at least “A” by AM Best or other equivalent rating service.
D. A certificate of insurance evidencing the required insurance and all endorsements shall be
submitted prior to commencement of services. Contractor shall provide written notice to CITY of any material
change of or to the insurance required herein.
Section 11 . Indemnification.
CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND
OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF
CONTRACTOR PURSUANT TO THIS AGREEMENT. CONTRACTOR HEREBY WAIVES ALL
CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY
REFERRED TO IN THIS SECTION AS “CITY”) FOR DAMAGE TO ANY PROPERTY OR INJURY
TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER
THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY OR BREACH OF CITY’S
OBLIGATIONS HEREUNDER. CONTRACTOR AGREES TO INDEMNIFY AND SAVE
HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS,
SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS’ FEES AND COSTS
OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR DEATH
OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY
CONTRACTOR’S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT
OR BY REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF CONTRACTOR,
ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES,
CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN
SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM
OR ARE ATTRIBUTED TO NEGLIGENCE OF CITY, IN WHOLE OR IN PART, IN WHICH CASE
CONTRACTOR SHALL INDEMNIFY CITY ONLY TO THE EXTENT OR PROPORTION OF
NEGLIGENCE ATTRIBUTED TO CONTRACTOR AND/OR ITS OFFICERS, DIRECTORS,
SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS
OR PERMITTED ASSIGNS AS DETERMINED BY A COURT OR OTHER FORUM OF
COMPETENT JURISDICTION). CONTRACTOR’S OBLIGATIONS UNDER THIS SECTION
SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR
REQUIRED TO BE MAINTAINED BY CONTRACTOR UNDER THIS AGREEMENT. THIS
PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
Construction Services Agreement Page 7
Section 12. Assignment
CONTRACTOR shall not assign or sublet this Agreement, or any part thereof, without the prior
written consent of CITY.
Section 13. Applicable Laws
CONTRACTOR shall comply with all Federal, State, County and Municipal laws, ordinances,
regulations, safety orders, resolutions and building codes relating or applicable to services to be performed
under this Agreement. The laws of the State of Texas shall govern this Agreement; and venue for any action
concerning this Agreement shall be in the State District Court of Tarrant County, Texas. The parties agree to
submit to the personal and subject matter jurisdiction of said court
Section 14. Default of CONTRACTOR
In the event CONTRACTOR fails to comply or becomes disabled and unable to comply with the
provisions of this Agreement as to the quality or character of the service or time of performance, and the
failure is not corrected within ten (10) days after written notice by CITY to CONTRACTOR, CITY may, at
its sole discretion without prejudice to any other right or remedy:
A. Terminate this Agreement and be relieved of the payment of any further consideration to
CONTRACTOR except for all work determined by CITY to be satisfactorily completed prior to termination.
Payment for work satisfactorily completed shall be for actual costs, including reasonable salaries and travel
expenses of CONTRACTOR to and from meetings called by CITY at which CONTRACTOR is required to
attend, but shall not include any loss of profit of CONTRACTOR. In the event, of such termination, CITY
may proceed to complete the services in any manner deemed proper by CITY, either by the use of its own
forces or by resubletting to others.
B. CITY may, without terminating this Agreement or taking over the services, furnish the
necessary materials, equipment, supplies and/or help necessary to remedy the situation, at the expense of
CONTRACTOR.
Section 15. Adjustments in Services
No claims for extra services, additional services or changes in the services will be made by
CONTRACTOR without a written agreement with CITY prior to the performance of such services.
Section 16. Execution Becomes Effective
This Agreement will be effective upon signing of the Agreement by authorized representatives of
CONTRACTOR and CITY.
Section 17. Agreement Amendments
This Agreement contains the entire understanding of the parties with respect to the subject matter
hereof and there are no oral understandings, statements or stipulations bearing upon the meaning or effect of
this Agreement which have not been incorporated herein. This Agreement may only be modified, amended,
supplemented or waived by a written instrument executed by the parties except as may be otherwise provided
therein.
Construction Services Agreement Page 8
Section 18. Severability.
In the event any one or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall
not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained in it.
Section 19. Independent Contractor.
In satisfying the conditions of and providing the services under this Agreement, CONTRACTOR is
acting independently, and CITY assumes no responsibility or liabilities to any third party in connection with
CONTRACTOR’s actions. All services to be performed by CONTRACTOR pursuant to this Agreement shall
be in the capacity of an independent contractor and not as an agent or employee of CITY. CONTRACTOR
shall supervise the performance of its services and shall be entitled to control the manner and means by which
its services are to be performed, subject to the terms of this Agreement. There is no intended third-party
beneficiary to this Agreement.
Section 20. Right-Of-Access.
CITY will obtain and/or furnish right-of-access on any project site for CONTRACTOR to perform
any required studies, surveys, tests or other necessary investigations in relation to the Scope of Services.
CONTRACTOR will take reasonable precautions to minimize damage to the personal or real property in the
performance of such surveys, tests, studies and investigations.
Section 21. 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 to CITY:
City Manager
Attn: Jerry Ducay
City of City of Colleyville
100 Main Street
City of Colleyville, Texas 76034
If to CONTRACTOR: The Fain Group, Inc.
Attn: Larry Frazier
2500 Great Southwest Parkway
Fort Worth, Texas 76106
Section 22. Counterparts
This Agreement may be executed by the parties hereto in separate counterparts, each of which when
so executed and delivered shall be an original, but all such counterparts shall together constitute one and the
Construction Services Agreement Page 9
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.
Section 23. Recitals; Exhibits.
All recitals and exhibits attached hereto are incorporated and made a part hereof for all purposes.
Section 24. Survival of Obligations.
Any of the representations 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.
Section 25. Sales and Use Taxes
CONTRACTOR understands and acknowledges that CITY is a governmental entity and exempt from
the payment of sales and use taxes for certain materials and equipment conveyed to City as part of this Project
or otherwise incorporated into the Project. CITY agrees to provide CONTRACTOR such documentation as
may otherwise be required by state law to allow CONTRACTOR to avoid payment of sales and uses taxes
for materials and equipment with respect to the Project to the extent allowed by law.
EXECUTED on May 7, 2019
CITY OF City of Colleyville, TEXAS
By: ____________________________________
Jerry Ducay, City Manager
ATTEST:
_________________________________
Christine Loven, City Secretary
APPROVED AS TO FORM:
________________________________
Whitt Wyatt, City Attorney
EXECUTED on ____________________, 2019
CONTRACTOR
The Fain Group, Inc.
By: _______________________________________
Larry Frazier, President
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 6a Agenda Date 5/7/2019 Number Resolution R-19-4373
Type Ordinance
Department Community Development
Title
Resolution R-19-4373 - Request for a variance to certain provisions of Section 3.26,
Fences, Free Standing Walls, and Screening Materials on Lot 5, Block 2, of the Sunrise
Terrace, located at 1117 Jo Carol Lane, Case VC18-007
Strategic Plan
4.1 Protect Colleyville's semi-rural residential character
Explanation
Reading and Public Hearing
This item was tabled from the April 16, 2019 City Council meeting
Tariq Jalil, the applicant, has submitted a request for a major variance to allow for the
construction of a 6 foot wrought iron fence to encroach into the 25 foot required front
yard setback per the plat and for the fence to be located on the property line at 1117
Jo Carol Lane.
Existing Conditions/Background: The subject property is a platted lot of the
Sunrise Terrace Addition and zoned R-20 Single Family Residential District. The subject
property is located at the southwest corner of Jo Carol Lane and Garry Lynne Drive.
The subject property is currently being developed with a new single-family residential
home.
Requested Variance: The applicant is requesting a major variance to allow for the
construction of a 6 foot wrought iron fence to encroach into the 25 foot front yard
setback per the plat and be located on the front property line.
Ordinance – Section 3.26 Fences, Free Standing Walls, and Screening Materials
requires a fence to not encroach into the required front yard setback. For this property,
the front setback is 25 feet per the recorded plat.
E. Fence and Free Standing Wall Setback Requirements
1. Front Yards: No fence or free standing wall greater than thirty (30) inches
in height and no greater than twenty-five (25) percent opaque construction
shall extend into the required yard on which the primary surface faces.
Chapter 1 (General Provisions) of the Land Development Code authorizes the City
City Council Agenda Briefing 6a
City of Colleyville Page 2
Council to grant a major variance to the setback standards set forth in Chapter 1 (Land
Use):
“Major Variances: Permit such variance of the front yard, side yard, rear yard, lot
width, lot depth, coverage, minimum sidewalk or setback standards, or visibility
obstruction regulations where the literal enforcement of the provisions of this
ordinance would result in an unnecessary hardship, and where such variance is
necessary to permit a specific parcel of land which differs from other parcels of
land in the same district by being of such restricted area, shape or slope that it
cannot be developed in a manner commensurate with the development
permitted upon other parcels of land in the same district. A modification of the
standards established by this ordinance shall not be granted to relieve a self-
created or personal hardship, nor for financial reason only, nor shall such
modification be granted to permit any person a privilege in developing a parcel of
land not permitted by this ordinance to other parcels of land in the district. A
deviation greater than ten percent (10%) of a regulation shall be considered a
major variance request.”
Analysis – The subject property is requesting to locate a 6 foot wrought iron fence
along the front property line and encroaching into the required front yard setback,
which is not allowed per the Land Development Code. The applicants are requesting a
major variance to allow for this to occur. The primary justification provided by the
applicant is for safety of their home and property. Staff has identified an alternative
location for the fence that would provide security for the property.
Should the major variance request be denied, the applicant will be required to comply
with all of the regulations for placement of the fence with regard to the required front
yard setback.
Surrounding Development: The properties to the north, south, east and west are
zoned R-20 Single Family Residential district and developed with single family homes.
Public Notification: Staff mailed notices to all property owners within 500 feet as well
as any Homeowners Associations within 1,000 feet of the subject property regarding
this request. Grapevine-Colleyville ISD, where the subject property is located, was
notified per State law. Notice was published in the Fort Worth Star-Telegram as
required by State law and the Land Development Code. To date, one correspondence
in support has been received.
Staff Recommendation: Staff recommends denial of the request. The applicant has
not presented a hardship on the subject property as defined in the Land Development
Code. The subject property does not “differ from other parcels of land in the same
district”.
Financial Impact
City Council Agenda Briefing 6a
City of Colleyville Page 3
There is no financial impact to the City of Colleyville for this item.
Recommendation
Denial
Attachments
1.Aerial Map
2.Zoning Map
3.Future Land Use Map
4.Statement of Planning Objectives
5.Site Plan
6.Notification Map
7.Notification List
8.Property Owner Notification Letter
9.Letter of support
10.Resolution R-19-4373
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GARRYLYNNEDRIVEJ O CAROL LANE
Aerial Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
VC18-007 K1117 Jo Carol Lane
Subject Property
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GLADE ROAD
GARRYLYNNEDRIVEJ O C A R O L LANE
PU D-R
PU D-C
R-20
PU D-R
Zoning Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
VC18-007 K1117 Jo Carol Lane
Subject Property
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Future Land Use Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
VC18-007 K1117 Jo Carol Lane
Subject Property
Residential
Commercial
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1100 RIVERWALK DRIVEGLADE ROAD
LAKEWOOD DRIVEG A R R Y L Y N N E D R I V E
CHATSWORTH COURT E
SABINE COURT
OAKTIMBERSCOURTBEDFORD ROADCARMELPLACECHATSWORTH DRIVE
J O C A R O L L A N E
Notification Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
VC18-007 K1117 Jo Carol Lane
Subject Property
500ft Buffer
Properties within 500ft
Owner Name Owner Address Owner City Owner Zip Situs Address
A&H FT WORTH INVESTMENTS LLC 2500 MEANDERING CT COLLEYVILLE, TX 76034 1105 GLADE RD
ADVENIAT REGNUM TUUM, LLC.1105 GLADE RD STE 100 COLLEYVILLE, TX 76034 1109 GLADE RD
BELL, DAVID 1116 CHATSWORTH DR COLLEYVILLE, TX 76034 1116 CHATSWORTH DR
CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4800 CARMEL PL
CALAIS INVESTMENTS I LTD 1201 N CARROLL AVE SOUTHLAKE, TX 76092 4916 CARMEL PL
CALAIS INVESTMENTS I LTD 1201 N CARROLL AVE SOUTHLAKE, TX 76092 4908 CARMEL PL
CALAIS INVESTMENTS I LTD 1201 N CARROLL AVE SOUTHLAKE, TX 76092 4816 CARMEL PL
CALAIS INVESTMENTS I LTD 1201 N CARROLL AVE SOUTHLAKE, TX 76092 4828 CARMEL PL
CALAIS INVESTMENTS I LTD 1201 N CARROLL AVE SOUTHLAKE, TX 76092 4824 CARMEL PL
CANNON, CAREY W 1104 GARRY LYNNE DR COLLEYVILLE, TX 76034 1104 GARRY LYNNE DR
COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 1209 GLADE RD
DILORENZO, ANTHONY 1112 CHATSWORTH DR COLLEYVILLE, TX 76034 1112 CHATSWORTH DR
ECKERT TRUST 5225 FONTAINE ST SAN DIEGO, CA 92120 1116 GLADE RD
EDGELL, GARLAND W 1112 GARRY LYNNE DR COLLEYVILLE, TX 76034 1112 GARRY LYNNE DR
EDGELL, KEITH A 1116 JO CAROL ST COLLEYVILLE, TX 76034 1116 JO CAROL LN
FOWLER, BARBARA 1113 JO CAROL ST COLLEYVILLE, TX 76034 1113 JO CAROL LN
FRANKLIN, BRENT 2800 HIGHLAND PARK CT COLLEYVILLE, TX 76034 4912 CARMEL PL
FREEMAN, BECKY A 1112 JO CAROL ST COLLEYVILLE, TX 76034 1112 JO CAROL LN
GLADE RIVER II LLC 11511 ROSSER RD DALLAS, TX 75229 1128 GLADE RD
GLADE RIVER IV LP 11511 ROSSER RD DALLAS, TX 75229 1120 GLADE RD
GLADE RIVER LLC 11511 ROSSER RD DALLAS, TX 75229 1124 GLADE RD
GRAY, DOUGLAS M 1201 GARRY LYNNE DR COLLEYVILLE, TX 76034 1201 GARRY LYNNE DR
GRISSO, TERANCE R 3505 MEADOWLARK LN COLLEYVILLE, TX 76034 1205 GLADE RD
GUNNIP, JOHN R 1200 CHATSWORTH DR COLLEYVILLE, TX 76034 1200 CHATSWORTH DR
HAVEN HOMES INC 201 ROCHELLE CT COLLEYVILLE, TX 76034 4820 CARMEL PL
HENDRICKSON, HOLLEY 1804 GLENBROOK CT BEDFORD, TX 76021 1108 GARRY LYNNE DR
HOLLAND, AXEL 1100 JO CAROL ST COLLEYVILLE, TX 76034 1100 JO CAROL LN
JENKINS, DOROTHY MARIE 1200 GARRY LYNNE DR COLLEYVILLE, TX 76034 1200 GARRY LYNNE DR
KING FISHER LTD 1132 GLADE RD COLLEYVILLE, TX 76034 1132 GLADE RD
LEVI, DWIGHT CARL 1105 GARRY LYNNE DR COLLEYVILLE, TX 76034 1105 GARRY LYNNE DR
LORENZEN, MIKE 1105 JO CAROL ST COLLEYVILLE, TX 76034 1105 JO CAROL LN
MAHMOOD, TALAT 12928 CONIFER LN EULESS, TX 76040 1101 JO CAROL LN
MAHMOOD, TALAT 12928 CONIFER LN EULESS, TX 76040 1117 JO CAROL LN
MAUNEY, KEITH 1216 CHATSWORTH DR COLLEYVILLE, TX 76034 1216 CHATSWORTH DR
NEAL, JANIS CAROL TR 1117 GARRY LYNNE DR COLLEYVILLE, TX 76034 1117 GARRY LYNNE DR
PATEL, SNEHA 4512 BILL SIMMONS RD COLLEYVILLE, TX 76034 1100 GARRY LYNNE DR
PETERSON, BARBARA LISA 1104 JO CAROL ST COLLEYVILLE, TX 76034 1104 JO CAROL LN
PREMIER OFFICE EQUITIES 1117 GLADE RD STE 140 COLLEYVILLE, TX 76034 1117 GLADE RD
QAMAR, ASIA 2428 MACLAY AVE BRONX, NY 10461 1205 GARRY LYNNE DR
RICE, MOLLY 1109 JO CAROL ST COLLEYVILLE, TX 76034 1109 JO CAROL LN
RIKA, SENNEAR 1201 GLADE RD COLLEYVILLE, TX 76034 1201 GLADE RD
RODGERS, CONRAD B 1213 GARRY LYNNE DR COLLEYVILLE, TX 76034 1213 GARRY LYNNE DR
SCHULTHEIS, TERI L 1109 GARRY LYNNE DR COLLEYVILLE, TX 76034 1109 GARRY LYNNE DR
SSB TRADING INC 1701 ROYAL LN #1202 DALLAS, TX 75229 4812 CARMEL PL
SWINDELL, MITCHELL 1212 CHATSWORTH DR COLLEYVILLE, TX 76034 1212 CHATSWORTH DR
TAYLOR, TEVON 11261 FINCHER RD ARGYLE, TX 76226 1113 GARRY LYNNE DR
TRACHIER, STEVE 1108 JO CAROL ST COLLEYVILLE, TX 76034 1108 JO CAROL LN
VALENTINE, NICHOLAS 1208 CHATSWORTH DR COLLEYVILLE, TX 76034 1208 CHATSWORTH DR
WALSH, ALICIA 1204 CHATSWORTH DR COLLEYVILLE, TX 76034 1204 CHATSWORTH DR
WHITTEN, HAROLD 1209 GARRY LYNNE DR COLLEYVILLE, TX 76034 1209 GARRY LYNNE DR
4920 CARMEL PL
BRIDGES AT RIVERWALK ADDITION P.O. BOX 1183 COLLEYVILLE, TX 76034 COURTESY NOTICE
LAKES OF SOMERSET, THE 1104 CHATSWORTH COURT WEST COLLEYVILLE, TX 76034 COURTESY NOTICE
LAKEWOOD ESTATES 213 MILL CROSSING WEST COLLEYVILLE, TX 76034 COURTESY NOTICE
RIVERWALK AT COLLEYVILLE P.O. BOX 1031 COLLEYVILLE, TX 76034 COURTESY NOTICE
GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED
TARIQ, JALIL 4612 LAS BRISAS DRIVE IRVING, TX 75038 APPLICANT
Public hearing notices were mailed out on March 29, 2019
NOTICE OF PUBLIC HEARING
«Owner_Name»
«Owner_Address»
«Owner_City»«Owner_Zip»
The City of Colleyville has scheduled public hearings concerning the below referenced request on the
following dates and location:
City Council Meeting: Tuesday, April 16, 2019 at 7:30 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
Request: Request for a variance to certain provisions of Section 3.26, Fences, Free
Standing Walls, and Screening Materials on Lot 5, Block 2, of the Sunrise
Terrace Addition, located at 1117 Jo Carol Lane. The request is allow for
the construction of a 6 foot Wrought Iron fence to encroach into the 30
foot front yard setback and on the property line.
Zoning Case: VC18-007 Applicant: Tariq Jalil Owner: Talat Mahmood Location: 1117 Jo Carol Lane Property Description: Lot 5, Block 2, of the Sunrise Terrace Addition Present Zoning: R-20 Single Family Residentila
This notice has been sent to all owners of real property within 500 feet of the request as such ownership
appears on the last approved City tax roll. Action by the City Council serves as a final action on the request.
All interested persons are encouraged to attend the public hearing and express their opinions on the variance
request. If you are unable to attend, but wish to have your opinions made a part of the public record, please
submit written comments prior to the public hearing, to the address below:
Community Development Department
City of Colleyville
100 Main Street
Colleyville, TX 76034
NOTICE OF PUBLIC HEARING
The application is on file for public examination in the Community Development Department at 100
Main Street, Colleyville, Texas. A brief project description can be found online on the Active
Development Case map:
https://www.colleyville.com/government/departments-a-l/community-development/active-development-
cases.
For additional information, please contact the Community Development Department at 817.503.1056.
Please reference the zoning case number when requesting information.
Ben Bryner
Community Development Director
bbryner@colleyville.com
1
From: asia qamar
Sent: Thursday, April 11, 2019 9:29 PM
To: Ben Bryner <BBryner@colleyville.com>
Subject: Ben Bryner
Hi,
My name is Asia Qamar. I got the letter about the fence that Talat Mahmood want to put in. I read the paper
and I have no issue about this matter. I also think it’s safe for the community too. I am okay with them putting in
the fence. If you any other concern, please feel free to contact me at any time.
Best regards,
Asia Qamar
Letter of Support
RESOLUTION R-19-4373
A RESOLUTION APPROVING A REQUEST FOR A MAJOR VARIANCE
TO ALLOW FOR THE CONSTRUCTION OF A FENCE TO ENCROACH
INTO THE REQUIRED FRONT YARD SETBACK LOCATED AT 1117 JO
CAROL LANE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the variance to allow for the construction of a fence to
encroach into the required front yard setback located at 1117
Jo Carol Lane (the “Property”), as depicted in Exhibit “A”
hereto, is hereby approved, subject to the following
conditions:
1.
Sec. 2. THAT this Resolution shall become effective immediately upon
passage; provided that, the variance for the Property shall
become effective immediately upon the conditions stated
herein being fully satisfied.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ABSTENTIONS ON
THIS THE 7TH DAY OF MAY 2019.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood
Place 1, Tammy Nakamura Place 5, Chuck Kelley
Place 3, Kathy Wheat Place 6, Callie Rigney
Place 4, George Dodson
ATTEST:CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
Attachment “A”
RESOLUTION R-19-4382
A RESOLUTION APPROVING CITY COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF
MAY 7, 2019
WHEREAS,City Council has taken action on certain items on the agenda
under Business.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
a. THAT
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 7TH DAY OF MAY
2019.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood
Place 1, Tammy Nakamura Place 3, Kathy Wheat
Place 4, George Dodson Place 5, Chuck Kelley
Place 6, Callie Rigney
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor