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HomeMy WebLinkAboutCity Council-Agenda Packets-2/6/2024 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL AGENDA 100 Main Street, Colleyville, Texas, 76034 TUESDAY, FEBRUARY 6, 2024 WORKSESSION - 5:30 PM EXECUTIVE CONFERENCE ROOM - THIRD FLOOR CALL TO ORDER WS-1 Recreation Center update WS-2 Discussion of the February 6, 2024, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with the City Attorney regarding items on the agenda or for matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Code Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee 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 REGULAR MEETING 7:00 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Jeff Strickland, Journey Church 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-24-4910 City Council Agenda February 6, 2024 City of Colleyville Page 2 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4911 4a Approval of the minutes of the regular City Council meeting of January 16, 2024 4b Approval of a construction contract with BCAC Underground, LLC, for the 2024 Manhole Rehabilitation Project, in an amount not to exceed $109,400, and a contingency amount not to exceed $15,000, and authorizing the City Manager to execute the contract 4c Approval of a Second Amendment to the Professional Services Agreement with MAS Consulting Engineers, amending the design parameters for Water Project 18: Pecan Park Water and Drainage Improvements Project Phase 2, in an amount not to exceed $21,000, and authorizing the City Manager to execute the amendment 5. RESOLUTION(S): READING AND PUBLIC HEARING 5a Resolution R-24-4912 Consideration of a replat for Lot 3A and 3B, Block 4, Western Trails Addition, being located at 512 Bandit Trail, Case PC23-011 6. CITIZEN COMMENTS 7. ACTION/RESOLUTION: RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, FEBRUARY 6, 2024 - READING AND PUBLIC HEARING - RESOLUTION R-24-4913 8. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, February 2, 2024 by 5:00 p.m. Christine Loven, TRMC City Secretary 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 BRIEFING Agenda Number WS-1 Agenda Date 2/6/2024 Type Worksession Department City Manager Title Recreation Center update Explanation This item will provide for an update regarding the Recreation Center and Annex A - Vote Center. Attachments 1. Recreation Center Presentation RECREATION CENTER WORKSESSION February 6, 2024 RECREATION CENTER - TIMING o Gym contract completion end of May 2024 o Roof contract completion February 2024 o Irrigation and landscape design – winter project o Glade Road fence – winter project GYM PROGRESS PHOTOS INTERNAL PROJECTS ADMIN OFFICES/LOBBY ADMIN OFFICES/LOBBY Estimate: $710,000 OUR TEAM: $45,200 ANNEX/VOTING CENTER Estimate: $100,000 OUR TEAM: $17,500 *$12,000 is for the front sliding door CLASSROOM EXPANSION Estimate: $10,000 OUR TEAM: $400 NURSERY TRANSFORMATION/GROUP EX Estimate: $36,000 OUR TEAM: $5,000 GYM WALL OPTIONS GYM WALL OPTIONS REFERENDUM QUESTION REFERENDUM QUESTION •“Should the City of Colleyville place a proposition on a future election ballot asking the City’s voters to authorize the issuance of ad valorem tax bonds for expansion of the Colleyville Recreation Center, which may include a fitness center, locker room, indoor track, and multi-use field?” ROBERTS ROAD ROBERTS ROAD •Roberts Road/Glade Road intersection improvements out to bid •Engineering contract awarded to study further enhancements to Roberts Road including road widening, straighten road curve, and potentially add signal at intersection RECREATION CENTER WORK SESSION February 6, 2024 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number WS-2 Agenda Date 2/6/2024 Type Worksession Department City Secretary Title Discussion of the February 6, 2024, City Council regular agenda items City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 1 Agenda Date 2/6/2024 Type Executive Session Department City Secretary Title Section 551.071 - Legal - Consultation with the City Attorney regarding items on the agenda or for matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Code Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee 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 RESOLUTION R-24-4910 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 6, 2024 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 6TH DAY OF FEBRUARY 2024. Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye Chuck Kelley, Place 5 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor RESOLUTION R-24-4911 APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 6, 2024 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 January 16, 2024 b. Approval of a construction contract with BCAC Underground, LLC, for the 2024 Manhole Rehabilitation Project, in an amount not to exceed $109,400, and a contingency amount not to exceed $15,000, and authorizing the City Manager to execute the contract c. Approval of a Second Amendment to the Professional Services Agreement with MAS Consulting Engineers, amending the design parameters for Water Project 18: Pecan Park Water and Drainage Improvements Project Phase 2, in an amount not to exceed $21,000, and authorizing the City Manager to execute the amendment AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS ON THIS THE 6TH DAY OF FEBRUARY 2024. Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye Chuck Kelley, Place 5 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL MINUTES 100 Main Street, Colleyville, Texas, 76034 TUESDAY, JANUARY 16, 2024 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, January 16, 2024, at 5:30 p.m. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Callie Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief Mark Cantrell, Public Works Director Amber Beard, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Review and discuss the market study for the Northern Gateway property Assistant City Manager Mark Wood presented the market study for the Northern Gateway property as prepared by Harvest MXD. The study noted the property is marketable for commercial development over the next year for a variety of commercial uses, but is especially appealing for destination restaurants with outdoor recreational amenities which appeal to the surrounding Colleyville neighborhoods. WS-2 Discussion of the January 16, 2024, City Council regular agenda items City Manager Jerry Ducay stated Roberts Road is out to bid and the items on the consent agenda regarding Roberts Road are separate from this portion of the project. Mayor Lindamood adjourned the Worksession at 6:01 p.m. and called the Executive Session to order. 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with the City Attorney regarding items on the agenda or for matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Code City Council Minutes January 16, 2024 City of Colleyville Page 2 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities 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 There was no action taken and Mayor Lindamood adjourned Executive Session at 6:48 p.m. Mayor Lindamood called the regular meeting of the City Council to order at 7:00 p.m. and called the roll. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Callie Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. INVOCATION: Pastor Lanre Sobo, Glory House 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-24-4906 Mayor Lindamood read Resolution R-24-4906 in its entirety. Assistant City Manager Mark Wood stated this resolution will provide for an extension of the gift card program to include a new Winter Restaurant Only Gift Card, to run through the month of February 2024. He said the program will have a minimum printing and will be a map to local restaurants where the gift card must be used and will be distributed from select locations within the City on a first come, first served basis. Mayor Lindamood opened and closed the public hearing without any speakers. Councilmember Graves made a motion to approve Resolution R-24-4906, seconded by Councilmember Bond. The motion was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Callie Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. City Council Minutes January 16, 2024 City of Colleyville Page 3 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Mayor Lindamood and Councilmembers made announcements regarding City and community events. Proclamation in recognition of Colleyville Library Director Mary Rodne – Mayor Bobby Lindamood Mayor Lindamood asked Library Director Mary Rodne to come forward. Mayor Lindamood explained Mary will be retiring and the end of January with over 20 years of service to the City and noted Mary moved to Texas in March 2003, to become the Colleyville Public Library’s first, and only Library Director. Mayor Lindamood thanked Mary for her leadership and guidance and read a proclamation declaring January 25, 2024, Mary Rodne Day in Colleyville. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4907 4a Approval of the minutes of the regular City Council meeting of December 19, 2023 4b Approval of a contract with McDonald Municipal & Industrial, in an amount not to exceed $216,469, and a contingency amount not to exceed $30,000, and authorizing the City Manager to execute the contract 4c Approval of an amendment to the Professional Services Agreement with Freese and Nichols, Inc., amending the design parameters for the Roberts Road Project Phase 2 in an amount not to exceed $99,730, and authorizing the City Manager to execute the amendment 4d Approval of an amendment to the Professional Services Agreement with Freese and Nichols, Inc., amending the design parameters for the Roberts Road Project in an amount not to exceed $8,400, and authorizing the City Manager to execute the amendment 4e Approval to purchase a replacement Vactor 2100i Sewer Cleaner truck from Kinlock Equipment & Supply, Inc., through the HGAC Purchasing Program in an amount not to exceed $514,214.00, and authorizing the City Manager to execute the contract 4f Approval of the Second Amended Regional Municipal Court Judge Agreement Mayor Lindamood read Resolution R-24-4907 in its entirety. City Council Minutes January 16, 2024 City of Colleyville Page 4 Public Works Director Amber Beard presented item 4b through 4e. Assistant City Manager Adrienne Lothery presented item 4f. Mayor Lindamood opened and closed the public hearing without any speakers. Councilmember Elder made a motion to approve Resolution R-24-4907, seconded by Mayor Pro Tem Rigney. The motion was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Callie Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - December 2023 Assistant City Manager Mark Wood presented the December financial report and reviewed the recent history of sales tax collection. He stated the sales tax collection is reaching a leveling point, which the City has planned for, and will continue to project conservatively in budget preparation. Manager Wood provided a recap of activity in the remaining budgets. 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-24-4908 Approval of a resolution calling a General Election for the purpose of electing City Councilmembers to Place 5 and Place 6, and adding a Referendum Question to the ballot to determine whether voters desire to place a proposition on a future election ballot asking the City's voters to authorize issuance of ad valorem tax bonds for expansion of the Colleyville Recreation Center, and authorizing a joint election agreement and contract for election services for the General Election and the Referendum Question with Tarrant County Elections Administration Mayor Lindamood read Resolution R-24-4908 in its entirety. City Secretary Christine Loven presented this item and provided a recap of the referendum question which will appear on the May 4, 2024 General Election ballot. Secretary Loven thanked the Mayor and City Council for their direction to utilize Annex A, behind the Recreation Center, for a permanent polling location, noting the convenience for voters to park near the polling location, and not having to maneuver stairs or an elevator. City Council Minutes January 16, 2024 City of Colleyville Page 5 Mayor Lindamood opened and closed the public hearing without any speakers. Mayor Lindamood made a motion to approve Resolution R-24-4908, seconded by Councilmember Kelley. The motion was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Callie Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. 7. TABLED RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-23-4883 Consideration of a variance to lot size, lot coverage, and side yard setbacks for lot 27, Community Home Addition, located at 1611 Cherry Lane, Case VC23-004 THE APPLICANT HAS WITHDRAWN THE REQUEST Mayor Lindamood made a motion to remove Resolution R-23-4883 from the table, seconded by Councilmember Graves. The motion was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Callie Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. Mayor Lindamood stated the applicant has withdrawn this request and the City Secretary will record the withdrawal, and there will be no further action required by the City Council. 8. CITIZEN COMMENTS There were no speakers. 9. REPORTS Planning and Zoning Commission Minutes - December 11, 2023 There was no action taken. City Council Minutes January 16, 2024 City of Colleyville Page 6 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JANUARY 16, 2024 - READING AND PUBLIC HEARING - RESOLUTION R-24-4909 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 7:54 p.m. APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 6TH DAY OF FEBRUARY 2024. Minutes taken and prepared by: Christine Loven, TRMC City Secretary City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 4b Agenda Date 2/6/2024 Number Resolution R-24-4911 Type Resolution Department Engineering Title Approval of a construction contract with BCAC Underground, LLC, for the 2024 Manhole Rehabilitation Project, in an amount not to exceed $109,400, and a contingency amount not to exceed $15,000, and authorizing the City Manager to execute the contract Explanation Reading and Public Hearing On September 19, 2023, the City Council approved Resolution R-23-4876, adopting the Capital Improvement Program (CIP) Fiscal Year 2024-2028. The CIP includes $150,000 for Wastewater Project 10 for the rehabilitation of Priority 2 Manholes. Wastewater Project 10 of the Water and Wastewater Master Plan identified approximately 50 Priority 2 Manholes that require rehabilitation due to structural defects and infiltration. Public notification of the invitation for bids was advertised in the Fort Worth Star- Telegram on December 17, 24, 31, 2023 and January 7, 14, 2024. 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 59 plan holders, of which 21 sub-contractors, 19 were general contractors, 7 others, 5 suppliers, 3 plan rooms, 2 manufacturers, 1 engineer, and 1 not specified. The City received seven sealed bids, which were opened and publicly read aloud on January 16, 2024. Financial Impact The funding source for this project is the Capital Utility Fund. Form 1295 - Acknowledged by City Recommendation Approve Attachments 1. Construction Services Agreement 2. Form 1295 _______________________________________________________________________________ 1 Construction Services Agreement with BCAC Underground (Bid#ENG-2024-006) CONSTRUCTION SERVICES AGREEMENT REPAIR AND REHABILITATION OF SELECTED MANHOLES THROUGHOUT THE CITY OF COLLEYVILLE. (Bid #ENG-2024-006) This CONSTRUCTION SERVICES AGREEMENT (“Agreement”) is made as of the Effective Date by and between BCAC Underground, a Texas Limited Liability Company, 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, below; 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 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 to perform the Repair and rehabilitation of selected manholes throughout the City of Colleyville. (the “Project”), such services being more fully described herein and pursuant to the plans and specifications identified in the Contract Documents (defined below). 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 in conformance with this Agreement. 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 plans, specifications, and all other contract documents for the Project contained in City’s Bid #ENG-2024-006; (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 (which shall supersede any conflicting provision concerning priority of contract documents contained in the Bid Packet). If discrepancies are found that may impact Contractor’s performance of the services for 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 _______________________________________________________________________________ 2 Construction Services Agreement with BCAC Underground (Bid#ENG-2024-006) 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. Section 4. Contractor Obligations (a) Performance of Services. 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. 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 Project. (b) Quality Materials. 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. Unless otherwise specified in writing by City, 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 the Contract Documents that, so applied, have well known, technical or trade meaning shall be held to refer to such recognized standards. 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. (c) Additional Services. All minor details of the work not specifically mentioned in the Contract Documents 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. 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. The terms "extra work" and “additional services” 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 plans and 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/change 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. No claims for extra services, additional s ervices or changes in the services whatsoever, including any change in pricing or time for performance related to the services will be made by Contractor without first obtaining the City’s written agreement and approval of a work/change order reflecting the same. (d) Independent Contractor. It is understood and agreed by and between the parties that Contractor, while performing under this Agreement, is acting independently, and that City assumes no responsibility or liabilities to any third party in connection with Contractor’s acts or omissions. 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. (e) Inspection of Records. Contractor grants City and its designees the right to audit, examine, or inspect, at City’s election, all of Contractor's Records relating to the performance of services under this Agreement, during the term of the Agreement and any retention period herein. City’s audit, examination, _______________________________________________________________________________ 3 Construction Services Agreement with BCAC Underground (Bid#ENG-2024-006) or inspection of Contractor’s Records may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Contractor agrees to retain Contractor’s Records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under the contract; then, such retention period shall extend until final resolution of the dispute. "Contractor's Records" shall include any and all information, materials and data of every kind and character generated as a result of the services under this Agreement. City agrees that it will exercise its right to audit, examine or inspect Contractor’s Records only during regular business hours unless City has provided advance written notice of an alternate time. Contractor agrees to allow City and its designees access to all of Contractor's Records, Contractor's facilities and the current or former employees of Contractor, deemed necessary by City or its designee(s), to perform such audit, inspection, or examination. (f) Certification of No Conflicts. Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to the City in writing. (g) No Waiver of City’s Rights. Neither City’s review, approval or acceptance of, nor payment for any of the materials or 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. (h) Rights-of-Access. City will endeavor to provide such rights of access on any project site as may be reasonably necessary for Contractor to perform any required preliminary site studies, surveys, tests, or other necessary investigations prior to mobilization for the Project. Contractor will take all necessary and reasonable precautions to minimize damage to all personal and real property in the performance of such surveys, tests, studies and investigations. (i) Storm Water Management. When performing or delivering services at or upon any property owned, leased, or managed by the City, or in performance of any services or other acts on behalf of, or at the direction of the City (regardless of location), Contractor shall at all times comply with (i) the City’s Storm Water Management and Discharge Control provisions codified in Chapter 42 of the Colleyville Municipal Code, as amended, (ii) all applicable Minimum Best Management Practice requirements, as defined by the Texas Commission on Environmental Quality, and (iii) any Storm Water Pollution Prevention Plan (SWPPP) applicable to the worksite. Regardless of the applicability of the foregoing regulations, CONTRACTOR SHALL AT ALL TIMES BE RESPONSIBLE FOR IMPLEMENTING SUCH CONTROLS AS MAY BE REASONABLY NECESSARY TO MINIMIZE ANY NEGATIVE IMPACT TO THE STORM WATER COLLECTION SYSTEM OR ENVIRONMENT AND SHALL FOLLOW ALL STATE AND LOCAL ILLICIT DISCHARGE REPORTING PROCEDURES IN THE EVENT OF AN OCCURRENCE OR DISCHARGE. (j) Compliance with Laws. Contractor shall comply with all laws, ordinances, rules, policies, orders, directives, and other regulations governing Contractor’s performance of this Agreement. Section 5. Payment (a) Compensation. City agrees to pay Contractor for all services authorized in writing and properly performed by Contractor in a total amount not to exceed ONE HUNDRED AND TWENTY- FOUR THOUSAND, FOUR HUNDRED DOLLARS ($124,400.00) (“Contract Price”), subject to additions or deletions for change orders and/or extra work agreed upon in writing. _______________________________________________________________________________ 4 Construction Services Agreement with BCAC Underground (Bid#ENG-2024-006) (b) Method of Payment. Unless otherwise agreed by the parties in writing, payment to Contractor shall be monthly based on a monthly progress report and detailed monthly itemized statement for services submitted by Contractor that shows the names of the Contractor’s employees, agents, or subcontactors performing the services, the time worked, the actual services performed, and the rates charged for such services, in a form acceptable to City. City shall pay such monthly statements within thirty (30) days after receipt of a completed submission and City’s verification of the services performed. (c) Schedule of Values and Application for Payment. 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 any third-party of a claim or lien against City, or the City’s premises, arising out of Contractor’s performance under 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 by Contractor. Additionally, 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 letter of credit, or similar guaranty satisfactory to City (to be determined in City’s sole discretion) which will protect City in the amount withheld because of said grounds, City will release the amounts withheld. Section 6. Performance Schedule (a) Time for Performance. 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. The time for performance under this Agreement is sixty (60) calendar days. Accordingly, Contractor shall complete all work related to the Project on or before sixty (60) calendar days following the date of City’s written notice to proceed to Contractor. (b) Extensions; Written Request Required. No allowance of any extension of time, for any cause whatever (including an event of Force Majeure), shall be claimed by or granted to Contractor, unless (i) Contractor shall have made written request to City for such extension within forty-eight (48) hours after the cause for such extension occurred, and (ii) City and Contractor have agreed in writing that such additional time shall be granted. As used in this section, the term “Force Majeure” shall mean that Contractor’s performance of the services under this Agreement is prevented or delayed, in whole or in part, to such an extent that Contractor would not be able to complete the services (or any partial component thereof) within the time for performance set forth herein by reason of or through work strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, court judgment, act of God, pandemic, or other specific cause reasonably beyond Contractor’s control and not attributable to its malfeasance, neglect or nonfeasance. Should Contractor timely request an extension of time due to an event of force majeure under this section, City and Contractor may agree in writing to suspended Contractor’s performance until such disability to perform (other than a payment obligation) is removed; provided, that Contractor shall use commercially reasonable efforts to remove any such causes and resume performance of the services under this Agreement as soon as reasonably practicable. _______________________________________________________________________________ 5 Construction Services Agreement with BCAC Underground (Bid#ENG-2024-006) (c) Costs of Delay. 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 $1,500.00 per day, which the parties agree represents a reasonable estimation of the actual costs that would be incurred by the City in the event of such delay. In the event Contractor's performance under this Agreement is delayed or interfered with, regardless of reason, Contractor shall not be entitled to any increase in fee or price, or to damages or additional compensation as a consequence of such delays. Section 7. Ownership of Project; Bill of Sale; No Liens (a) Title of Ownership. Contractor warrants that title to all services, 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 services 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) Assignment; Bill of Sale. Contractor agrees, no later than the time of completion of the Project, to assign to City all manufacturer’s warranties relating to equipment, materials and labor used in the Project and further agrees it will at all times perform the services in a manner that will, to the greatest extent possible, 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; provided, that City’s rights related to the same shall not be subordinate to Contractor’s enforcement rights. CONTRACTOR AGREES TO INDEMNIFY, DEFEND, AND SAVE CITY HARMLESS FROM ALL CLAIMS RELATED TO ANY DEMANDS OF SUBCONTRACTORS, LABORERS, WORKMEN, MECHANICS, MATERIALMEN, AND SUPPLIERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS, ALL SUPPLIES ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT. CONTRACTOR SHALL FURNISH SATISFACTORY EVIDENCE THAT ALL OBLIGATIONS DESCRIBED HEREIN HAVE BEEN PAID, DISCHARGED OR WAIVED UPON CITY’S WRITTEN REQUEST. Section 8. Default; Termination; Abandonment (a) Default; Notice to Cure. A party shall be deemed in default under this Agreement if the party is in breach of a material provision of this Agreement and said breach is not cured within ten (10) days written notice of default by the other party. In the event the breaching party has notified the other party in writing that it is diligently working to cure the breach and has provided reasonable evidence in support of the same, the breaching party shall not be deemed in default until the thirtieth (30th) day following the non-breaching party’s notice of default. (b) Default by Contractor. In addition to default under Section 7(a) above, Should Contractor fail to comply with any term or condition this Agreement applicable to Contractor, or become disabled and unable to comply with any provisions of this Agreement related to the quality or character of the services or time of performance, Contractor shall be deemed in default of this Agreement. If such default is not corrected within ten (10) days after written notice by City to Contractor, City may, at its sole discretion and without prejudice to any other right or remedy: (1) terminate this Agreement and be relieved of any further payment or consideration to Contractor except for all services determined by City to be satisfactorily completed prior to such termination. Payment for work satisfactorily completed shall be for actual costs _______________________________________________________________________________ 6 Construction Services Agreement with BCAC Underground (Bid#ENG-2024-006) incurred and non-refundable, 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. City may further 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; or (2) 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 Contractor’s sole expense. (b) Suspension or Termination by City. 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 as of the date of suspension or termination. Such payment will become payable upon delivery of all instruments of service to City and City’s acceptance of the same. If City requires a modification of the services under this Agreement, and in the event City and Contractor fail to agree upon such modification(s), 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 prior to such termination date. (c) Abandonment. If 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 timely comply with the orders of the City, when such orders are consistent with the Contract Documents, then, and in that case, where a performance bond(s) exists, the surety on the bond(s) 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, having hereby acknowledged that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event a surety fails to comply with City’s written notice provided for herein, then the City may provide for completion of the work in either of the following elective manners: (1) the City may employ such 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 Contractor, which shall be deducted and paid by City out of such amounts as may be due, or that may thereafter at any time become due to the Contractor under this Agreement. In case such expense is less than the sum which would have been payable under this Agreement if the same had been completed by the Contractor, then Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this Agreement if the same had been completed by said Contractor, then the Contractor and/or its surety (ies) shall pay the amount of such excess to the City; or (2) the City may (under sealed bids when and in the manner required by law) let the contract to another Contractor 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 its surety (ies) shall be and remain bound therefor. However, should the cost to complete any such new contract _______________________________________________________________________________ 7 Construction Services Agreement with BCAC Underground (Bid#ENG-2024-006) prove to be less than what would have been the cost to complete under this Agreement, the Contractor and/or its surety (ies) shall be credited therewith. (d) Remedies Cumulative. The remedies in this section are cumulative and nothing herein shall be deemed a waiver of any other remedy available to the City under this Agreement, including its remedies upon default provided herein above. Section 9. Insurance Contractor shall during the term hereof maintain in full force and effect all policies of insurance reasonably required by City and in compliance with the Contract Documents. Contractor’s obligation to provide acceptable certificates of insurance is a material condition of this Agreement, and services under this Agreement shall not commence until certificates of insurance have been received, reviewed, and accepted by City. The minimum coverages and limits of liability for the policies of insurance required under this Agreement are maintained by and accessible through the City’s purchasing department. Section 10. Indemnification (a) Release of liability. 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 OFFICIALS, OFFICERS, EMPLOYEES, OR AGENTS (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 GROSS NEGLIGENCE OF CITY, IN WHICH CASE CONTRACTOR SHALL WAIVE ALL CLAIMS 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). (b) Contractor’s Indemnity Obligation. 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 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, IN WHOLE OR IN PART, FROM OR ARE ATTRIBUTED TO THE GROSS NEGLIGENCE OF CITY, 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). (c) Notice of Claim(s). Contractor shall promptly advise City in writing of any claim or demand against the City, related to or arising out of Contractor’s acts or omissions under this Agreement and shall see to the investigation and defense of such claims or demand at Contractor’s sole cost and expense; provided, that City, at its option and at its own expense, may participate in such defense without relieving Contractor of any of its obligations hereunder. _______________________________________________________________________________ 8 Construction Services Agreement with BCAC Underground (Bid#ENG-2024-006) 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. THE PROVISIONS OF THIS SECTION 10 SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Section 11. Notice All notices required by this Agreement shall be in writing and addressed to the parties at the addresses set forth on the signature page(s) of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this section). All notices shall be delivered by (a) personal delivery, (b) certified or registered mail (in each case, return receipt requested, postage prepaid), (c) nationally recognized overnight courier (with all fees pre-paid), or (d) email of a pdf document containing the required notice. Such notice or document shall be deemed to be delivered or given, whether actually received or not, (i) when received if delivered or given in person, (ii) if sent by United States mail, three (3) business days after being deposited in the United States mail as set forth above, (iii) on the next business day after the day the notice or document is provided to a nationally recognized carrier to be delivered as set forth above, or (iv) if sent by email, the next business day. A confirmation of delivery report which reflects the time that the email was delivered to the recipient’s last notified email address is prima facie evidence of its receipt by the recipient, unless the sender receives a delivery failure notification, indicating that the email has not been delivered to the recipient. Section 12. 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. Section 13. Texas Government Code Verifications Contractor’s execution of this Agreement shall serve as its acknowledgement and written verification that: (i) the requirements of Subchapter J, Chapter 552, Government Code, apply to this Agreement and Contractor agrees that the Agreement can be terminated if Contractor knowingly or intentionally fails to comply with a requirement of that subchapter; (ii) pursuant to Texas Government Code Chapter 2270, that Contractor’s organization does not presently boycott Israel and will not boycott Israel during the term of this Agreement; and (iii) pursuant to Texas Government Code Chapter 2251, that Contractor’s organization does not current discriminate against firearm and ammunition industries and will not for the term of the contract. Discriminating means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with the firearm or ammunition industry or with a person or entity doing business in the firearm or ammunition industry, but does not include an action made for ordinary business purposes. Section 14. Miscellaneous (a) Contractor shall not assign or sublet this Agreement, in whole or in part, without the prior written consent of City. (b) Contractor shall comply with all federal, state, county and municipal laws, ordinances, resolutions, regulations, rules, policies, orders, and directives applicable to the services under this Agreement. (c) 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 courts of Tarrant County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said courts. (d) This Agreement contains the _______________________________________________________________________________ 9 Construction Services Agreement with BCAC Underground (Bid#ENG-2024-006) 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. (e) The exhibits attached hereto, if any, are incorporated herein and made a part hereof for all purposes. (f) Unless expressly provided otherwise herein, this Agreement may only be modified, amended, supplemented or waived by a mutual written agreement of the parties. (g) 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. (h) 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. (i) This Agreement may be executed by the parties 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. (j) Each party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. (k) Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY – SIGNATURES ON FOLLOWING PAGE(S)] _______________________________________________________________________________ 10 Construction Services Agreement with BCAC Underground (Bid#ENG-2024-006) IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the Effective Date. For City: CITY OF COLLEYVILLE, TEXAS By: Jerry Ducay City Manager Date: For Contractor: BCAC UNDERGROUND By: Ben Goodall Owner Date: Notice Address: City of Colleyville Attn: City Manager 100 Main Street, 3rd Floor City of Colleyville, Texas 76034 E: jducay@colleyville.com ATTEST: By: Christine Loven City Secretary Date: Notice Address: BCAC Underground Attn: Ben Goodall, Owner 5000 Airport Fwy Haltom City, Texas 76117 E: ben@bcacunderground.com GovDox Colleyville Contract ID: CSA_ED_February 6, 2024_Rev20230112 Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 01/17/2024 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. BCAC Underground LLC Haltom city, TX, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 City of Colleyville 2024 Manhole rehabilitation project ENG-2024-006; FY2024 MH Rehab. 2024-1113102 01/17/2024 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING Goodall, Ben XHaltom city, TX United States 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________, UNSWORN DECLARATION Check only if there is NO Interested Party.5 My address is _______________________________________________, _______________________, and my date of birth is _______________________. Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street)(state)(zip code)(country) (year)(month) _______, ______________, _________. State of ________________, on the _____day of ___________, 20_____. (city) (Declarant) Version V3.5.1.0bfcfb67www.ethics.state.tx.usForms provided by Texas Ethics Commission City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 4c Agenda Date 2/6/2024 Number Resolution R-24-4911 Type Resolution Department Engineering Title Approval of a Second Amendment to the Professional Services Agreement with MAS Consulting Engineers, amending the design parameters for Water Project 18: Pecan Park Water and Drainage Improvements Project Phase 2, in an amount not to exceed $21,000, and authorizing the City Manager to execute the amendment Explanation Reading and Public Hearing This item is for the consideration and approval of a an amendment to increase the existing Professional Services Agreement with MAS Consulting Engineers, by $21,000, for the purpose of designing Phase 2 of Water Project 18: Pecan Park Water and Drainage Improvements project. In October 2023, Council authorized the separation of the project into two phases. Phase 1 includes the preparation of the bid plans and specifications for the construction of storm drain improvements. This project will connect the storm system on Ponderosa Street to the system on Colleyville Boulevard. Phase 2 will include stormwater, water line and associated roadway improvements within the Pecan Park Subdivision. Bid plans and specifications and construction phase services are included in this authorization. Financial Impact The Capital Utility Fund is the designated funding source for this project. Prior to this amendment, the cost for the design of Water Project 18: Pecan Park Water and Drainage Improvements Project was $203,750.00. If approved, this would increase the design contract by $21,000, for a total not to exceed design cost of $224,750. Recommendation Approve Attachments 1. Amendment 2 Second Amendment to Professional Services Agreement 1 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Second Amendment to Professional Services Agreement (“Second Amendment”) is entered by and between the City of Colleyville, Texas (“City”) and MAS Consulting Engineers (“Professional”) as of the Effective Date. WHEREAS, the parties entered into that certain Professional Services Agreement for Water Project 18, effective May 13, 2021, (the “Agreement”), as amended on October 17, 2023, (“First Amendment”); and WHEREAS, City and Professional now desire to amend the terms of the Agreement in the manner provided herein. NOW THEREFORE, for and in consideration of the mutual covenants made herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Professional agree as follows: 1. Exhibit A of the Agreement (Scope of Services) is hereby amended to incorporate the revisions to the Project scope contained in Amendment #2 attached hereto and incorporated herein as Exhibit A to this this Second Amendment. 2. The total compensation amount stated in Section 4(C) of the Agreement (entitled “Payment”) is hereby amended to provide for a total not to exceed amount of $224,750.00. 3. Except as provided in Paragraphs 1 and 2 above, the provisions of the Agreement, as previously amended, remain in full force and effect. 4. This Second Amendment shall be deemed effective on the date it has been signed by the authorized representatives of City and Professional (“the Effective Date”). [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK – SIGNATURE PAGE FOLLOWS] Second Amendment to Professional Services Agreement 2 The parties have executed and delivered this Second Amendment as of the Effective Date. For City: CITY OF COLLEYVILLE, TEXAS r1|Signature] By: Jerry Ducay City Manager Date: For Professional: MAS Consulting Engineers [sig|req|signer2|Signature] By: Angel Sanchez President [da r2|Date of Signing] Date: Second Amendment to Professional Services Agreement 3 EXHIBIT A Amendment #2 Revised Scope of Services (attached) City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 5a Agenda Date 2/6/2024 Number Resolution R-24-4912 Type Resolution Department Community Development Title Consideration of a replat for Lot 3A and 3B, Block 4, Western Trails Addition, being located at 512 Bandit Trail, Case PC23-011 Explanation Reading and Public Hearing Gary Starr, the applicant, has submitted a request for a replat for Lot 3A and 3B, Block 4, Western Trails Addition, being approximately 1.05 acres, and zoned R-20 Single Family Residential district. The request is to replat the property into two separate lots. Existing Conditions/Background: The subject property, 512 Bandit Trail, is zoned R- 20 Single Family Residential district and is located on the north side of Bandit Trail. The subject property has a house which was constructed in 1972 that will be demolished. Proposed Zoning: Request – The applicant requests to replat the property into two lots and maintain the R-20 zoning district. Per Section 3.24 G, Schedule of District Regulations in the Land Development Code, the minimum standards for the R-20 zoning district are as follows: Minimum Lot Size 20,000 sf. Minimum Lot Width 100 feet Minimum Lot Depth 125 feet Front Yard Setback 30 feet Side Yard Setback 10 feet Rear Yard Setback 25 feet Max. Lot Coverage 30% Max. Impervious Coverage 60% Analysis: The proposed Lots 3A and 3B, Block 4, Western Trails Addition are compatible with the R-20 zoning district and meet the intent of the City’s Comprehensive Master Plan. Plat Status: The property is platted as Lot 3, Block 4, Western Trails Addition. DRC Review: The DRC met on November 20, 2023 and offered the following comments to the applicant: City of Colleyville Page 2 City Council Agenda Briefing 5a 1. Extend easements to ROW line. 2. Add drainage components to the side and rear easements. 3. Drainage mitigation is required for additional storm water runoff. 4. The dashed line along Overland Trail is for what purpose? It is not labeled. 5. The R-20 zoning only requires a 30 foot front yard setback. You may either change it to 30 feet or remove it from the plat and state in the notes that the plat shall comply with city zoning standards. 6. The last call out states 118.25 feet and does not match the dimension on the plat. Please update to match. 7. Add owner / subdivider information. 8. Add date of the plat preparation. 9. In the title block add, “A Replat of Lot 3, Block 4, Western Trails Addition.” 10. Follow the correct format for the Dedication Certificate Surveyor Certification language. Drainage: The plan is acceptable. Surrounding Development: The properties to the north, south, east, and west are zoned R-20 and are improved with single family residential homes. Tree Preservation: Any subdivision of the subject property must comply with Chapter 5 (Tree Preservation) 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. 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. Staff Recommendation: Staff recommends approval of the replat. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of the replat at their January 8, 2024 meeting by a vote of 6-0. Recommendation Approve City of Colleyville Page 3 City Council Agenda Briefing 5a 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Plat Exhibit 5.Drainage Plan 6.Notification Map 7.Notification Letter 8.Notification List 9.Opposition Letters 10.Resolution R-24-4912 Attachments 7303 7401 7213 504 7400 513 7312 7405 7304 7213 7212 508 7300 7401 509 7408 7208 7212 501 7300 513 505 512 512 505 7404 7209 7216 505 509 508 74097409501 7209 7412 7400 513 509 7212 7416 7304 7416 7208 7208 7213 500 517 7209 7217 7216 504 BANDIT TROVERLAND TRWINDSWEPT TRCHISOLM CT WINDSWEPT TRSubject Property 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. PC23-011 - Replat PC23-011 Aerial Map 7502 7303 7204 500 7401 512 7213 504 7400 7108 513 7312 7500 7405 7304 508 72137212 508 7300 7401 509 7501 7408 508 7208 7508 304 7212 7413 7312 7304 501 7300 7420 7500 7204 513 505 7301 512 512 505 7404 7209 7216 505 509 7300 508 512 74097409501 7209 504 7412 7205 7400 7200 7308 7208 513 509 516 7212 7420 7416 7304 7416 7208 504 501 311 7208 7201 313 7213 500 517 7209 72177216 504 7200 BANDIT TR WINDSWEPT TROVERLAND TRBANDIT TR TUMBLEWEED CTTUMBLEWEED TR CHISOLM CT WINDSWEPT TRSAGEBRUSH ST R-40 R-20 R-20 R-20 R-20 Subject Property 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. PC23-011 - Replat PC23-011 Zoning Map 7502 7303 7204 500 7401 512 7213 504 7400 7108 513 7312 7500 7405 7304 508 72137212 508 7300 7401 509 7501 7408 508 7208 7508 304 7212 7413 7312 7304 501 7300 7420 7500 7204 513 505 7301 512 512 505 7404 7209 7216 505 509 7300 508 512 74097409501 7209 504 7412 7205 7400 7200 7308 7208 513 509 516 7212 7420 7416 7304 7416 7208 504 501 311 7208 7201 313 7213 500 517 7209 72177216 504 7200 BANDIT TR WINDSWEPT TROVERLAND TRBANDIT TR TUMBLEWEED CTTUMBLEWEED TR CHISOLM CT WINDSWEPT TRSAGEBRUSH ST Residential Subject Property 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. PC23-011 - Replat PC23-011 Future Land Use Map POB FIRM NO. 10194241P.O. BOX 3506 SAN ANGELO, TEXASPHONE: (325) 939-0043 EMAIL: info@mqitx.comCONCEPTUALHOUSECONCEPTUALHOUSEEXISTING CULVERT18" CULVERT+ 684.5+ 687.0+ 681.0+ 685.5+ 685.5+ 685.5+ 685.5FF 686.00+ GRATE TOP 683 .512'X25' WALLED PONDTOP WALL 684.0WITH OVERFLOWWEIR AT EL 683.0SOUTH SIDE+ 684.0+ 684.06"+/- DRAINTIE ROOF DRAINS IN TO THIS PIPE+ 685.0+ 684.0+ 685.5+ 684.0+ 684.0+ 684.5+ 684.2+ 684.0EXISTING DRAINFLUME CONCEPTUAL DRAINAGETOTAL LAND AREA 42,061 SFTOTAL ACRES 0.965EXISTING IMPERVIOUS:HOUSE AND DRIVEWAY 4374 SFSIDEWALK 407 SFBARN 225 SFLIFT STATION 337 SFTOTAL EXISTING IMPERVIOUS 5,343 SF12.7% IMPERVIOUSNESS = 0.123 ACPROPOSED LAND USE:2 EACH HOUSES ASSUMED 4,500 SF EA2 EA DRIVEWAYS 500 SF EA2 EA SIDEWALKS 400 SF EA2 EA POOLS 800 SF EATOTAL PROPOSED IMPERVIOUS 12,400 SF29.5% IMPERVIOUSNESS = 0.284 AC690690PRINT SETSPRE-DEVELOPMENT DRAINAGE AREA CALCULATIONSDrainageAreaDesignationDrainageAreaWeightedRunoffCoefficientTime ofConcentration2-YearRainfallIntensity(I2)2-Year PeakDischarge(Q3)5-YearRainfallIntensity(I5)5-Year PeakDischarge(Q5)10-YearRainfallIntensity(I10)10-YearPeakDischarge(Q10)25-YearRainfallIntensity(I25)25-YearPeakDischarge(Q25)50-YearRainfallIntensity(I50)50-YearPeakDischarge(Q50)100-YearRainfallIntensity(I100)100-YearPeakDischarge(Q100)Comments-(ac)"C"(min)(in/hr)(cfs)(in/hr)(cfs)(in/hr)(cfs)(in/hr)(cfs)(in/hr)(cfs)(in/hr)(cfs)Impervious0.1230.9055.510.617.980.889.331.0310.861.2012.521.3914.411.590Pervious0.8420.3055.511.397.982.019.332.3610.862.7412.523.1614.413.640Total0.970.382.002.903.393.954.555.230Note: Calculations based on the Modified Rational Method: Q = C*I*A. TxDOT 2015 IDF values used.POST-DEVELOPMENT DRAINAGE AREA CALCULATIONSDrainageAreaDesignationDrainageAreaWeightedRunoffCoefficientTime ofConcentration2-YearRainfallIntensity(I2)2-Year PeakDischarge(Q3)5-YearRainfallIntensity(I5)5-Year PeakDischarge(Q5)10-YearRainfallIntensity(I10)10-YearPeakDischarge(Q10)25-YearRainfallIntensity(I25)25-YearPeakDischarge(Q25)50-YearRainfallIntensity(I50)50-YearPeakDischarge(Q50)100-YearRainfallIntensity(I100)100-YearPeakDischarge(Q100)Comments-(ac)"C"(min)(in/hr)(cfs)(in/hr)(cfs)(in/hr)(cfs)(in/hr)(cfs)(in/hr)(cfs)(in/hr)(cfs)Impervious0.2840.9055.511.417.982.049.332.3910.862.7812.523.2014.413.680Pervious0.6810.3055.511.137.981.639.331.9110.862.2212.522.5614.412.940Total0.970.4802.533.674.294.995.766.630Note: Calculations based on the Modified Rational Method: Q = C*I*A. TxDOT 2015 IDF values used.iSWM Modified Rational Method Allowable Release Rate, QADescriptionA =0.965Area (acres)Cp =0.3765Predevelopment Rational Method runoff coefficientTcp =5Predevelopment Time of concentration (mins)I100=14.41rainfall intensity for the corresponding time of concentration (in/hr)QA=5.235Allowable release rate (cfs)Critical Storm Duration, TdCounty=TARRANTReturn Interval100a =322.07Rainfall factor for corresponding return interval from Table 2.1.7-1 iSWMdesign Manual for Site Developmentb =24.388Rainfall factor for corresponding return interval from Table 2.1.7-1 iSWMdesign Manual for Site DevelopmentC = 0.4766Postdevelopment Rational Method runoff coefficienttc =5Postdevelopment Time of concentration (mins)Td =13Critical storm duration (min)Required Storage VolumeVpre =263Preliminary required storage (ft^3)P180 =5.433-Hour (180-minute) storm depth (in), convert intensity (in/hr) into inches*Ptd =3.05Storm depth for the critical duration (in), convert intensity (in/hr) into inches*Vmax =469Required storage (ft^3)*Reference iSWM Technical Manual - Hydrology for Rainfall Data (in/hr)and multiply intensity by the durationFL 680.4FL 680.5DETENTION STAGE-STORAGE VOLUMEElevationAreaAvg. AreaInc. DepthInc. VolumeTotal Volume(sq. ft.)(sq. ft.)(ft.)(cu. Ft.)(cu. ft.)6813000300130068230030030013006833006003001300684900Required volume = +/- 469 cf.18" CULVERT 681.0 +POND DRAIN 12"RETAINING WALLRETAINING WALLTW 684DRAINAGE EASEMENTFF 685.00+ 684.5+ 684.5+ 684.5+ 683.5+ 684.0+ 684.0+ 684.0+ 684.5FL 680.2FL 680.3use 12" pipe for release at 2.2% slope, v=6.7 fps, tie to 18"www.langan.com2999 Olympus Blvd, Suite 165Dallas, TX 75019T: 817.328.3200Langan Engineering andEnvironmental Services, Inc. 7502 7303 7204 500 7401 512 7213 504 7400 7108 513 7312 7500 7405 7304 508 72137212 508 7300 7401 509 7501 7408 508 7208 7508 304 7212 7413 7312 7304 501 7300 7420 7500 7204 513 505 7301 512 512 505 7404 7209 7216 505 509 7300 508 512 74097409501 7209 504 7412 7205 7400 7200 7308 7208 513 509 516 7212 7420 7416 7304 7416 7208 504 501 311 7208 7201 313 7213 500 517 7209 72177216 504 7200 BANDIT TR WINDSWEPT TROVERLAND TRBANDIT TR TUMBLEWEED CTTUMBLEWEED TR CHISOLM CT WINDSWEPT TRSAGEBRUSH ST Parcels to be notified Buffer Subject Property 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. PC23-011 - Replat PC23-011 Notification Map 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: Planning and Zoning Commission Meeting: Monday, December 11, 2023 at 7:00 p.m. City Council Meetings: Wednesday, January 3, 2024 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Replat for Lot 3A & 3B, Block 4, Western Trails Addition, being Lot 3, Block 4, Western Trails Addition. The request is to replat the lot into two separate lots. Both lots will comply with the R-20 zoning standards. Zoning Case:PC23-011 Applicant:Gary Starr Owner: Palmer Equities, LLC Location:512 Bandit Tr Property Description:Lot 3, Block 4, Western-Trails Colleyville Present Zoning:R-20 Single Family Residential District 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 tax roll and all homeowners associations within 1,000 feet. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. All interested persons are encouraged to attend the public hearing and express their opinions on the plat 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 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Christopher Pham Planner cpham@colleyville.com 1 Owner Name Owner Address Owner City Owner Zip Situs Address KELSO, TIMOTHY M 504 BANDIT TR COLLEYVILLE, TX 76034 504 BANDIT TR SARTAIN, DARIN 7400 OVERLAND TR COLLEYVILLE, TX 76034 7400 OVERLAND TR RAMANUJAM, KANNAN 513 BANDIT TR COLLEYVILLE, TX 76034 513 BANDIT TR UMPHREY, BARBARA JOYCE 7312 WINDSWEPT TRL COLLEYVILLE, TX 76034 7312 WINDSWEPT TR IHNAT, PETER 7405 OVERLAND TRL COLLEYVILLE, TX 76034 7405 OVERLAND TR BURLESON, JAMES W 7304 WINDSWEPT TR COLLEYVILLE, TX 76034 7304 WINDSWEPT TR ANDERSON, LEE TAYLOR 7213 OVERLAND TR COLLEYVILLE, TX 76034 7213 OVERLAND TR STEWART, ROBYN E 7212 OVERLAND TR COLLEYVILLE, TX 76034 7212 OVERLAND TR TEAFATILLER, CHLOE L 508 CHISOLM CT COLLEYVILLE, TX 76034 508 CHISOLM CT FISCHBACH, BERNARD 7300 OVERLAND TRL COLLEYVILLE, TX 76034 7300 OVERLAND TR TALLO, JEREMY 7401 OVERLAND TRL COLLEYVILLE, TX 76034 7401 OVERLAND TR REDD, JUSTIN 509 CHISOLM CT COLLEYVILLE, TX 76034 509 CHISOLM CT GILLENWATER, ANTHONY W 7408 OVERLAND TR COLLEYVILLE, TX 76034 7408 OVERLAND TR SCOTT, ANDREW 7212 TUMBLEWEED CT COLLEYVILLE, TX 76034 7212 TUMBLEWEED CT LEDING, JONATHAN 501 CHISOLM CT COLLEYVILLE, TX 76034 501 CHISOLM CT MANRY LIVING TRUST 7300 WINDSWEPT TR COLLEYVILLE, TX 76034 7300 WINDSWEPT TR WHISENAND, MICHAEL DEREK 513 CHISOLM CT COLLEYVILLE, TX 76034 513 CHISOLM CT MCCOY, MICHAEL J 505 CHISOLM CT COLLEYVILLE, TX 76034 505 CHISOLM CT GILES, GARY W 512 BANDIT TR COLLEYVILLE, TX 76034 512 BANDIT TR THORNSBURG, MARK 512 CHISOLM CT COLLEYVILLE, TX 76034 512 CHISOLM CT EDINGTON, RONALD J 505 SAGEBRUSH ST COLLEYVILLE, TX 76034 505 SAGEBRUSH ST CICHERSKI, THOMAS J 7404 OVERLAND TR COLLEYVILLE, TX 76034 7404 OVERLAND TR WESSNER, JOHN J 7216 OVERLAND TR COLLEYVILLE, TX 76034 7216 OVERLAND TR ANGLIN, L PAT ETAL 505 BANDIT TR COLLEYVILLE, TX 76034 505 BANDIT TR TERANDO FAMILY TRUST 509 SAGEBRUSH ST COLLEYVILLE, TX 76034 509 SAGEBRUSH ST BROWN, MICHAEL W 508 BANDIT TR COLLEYVILLE, TX 76034 508 BANDIT TR EAVES, CAROL 7409 OVERLAND TRL COLLEYVILLE, TX 76034 7409 OVERLAND TR KONECNY, KERRY L 516 TUMBLEWEED TRL COLLEYVILLE, TX 76034 7209 OVERLAND TR GONZALES, MICHAEL 7412 OVERLAND TR COLLEYVILLE, TX 76034 7412 OVERLAND TR FINLEY, JACQUELINE 7400 WINDSWEPT TR COLLEYVILLE, TX 76034 7400 WINDSWEPT TR ROBERTS, RONALD A 513 SAGEBRUSH ST COLLEYVILLE, TX 76034 513 SAGEBRUSH ST JAEGER, BOBBIE E 200 E CROSLIN AUSTIN, TX 78752 509 BANDIT TR DAVIS, MICHAEL 7212 WINDSWEPT TR COLLEYVILLE, TX 76034 7212 WINDSWEPT TR BABCOCK, ISAIAH 7304 OVERLAND TRL COLLEYVILLE, TX 76034 7304 OVERLAND TR SCHUMACHER, ROBERT 7416 OVERLAND TRL COLLEYVILLE, TX 76034 7416 OVERLAND TR PICKERING, FOREST A 7208 OVERLAND TR COLLEYVILLE, TX 76034 7208 OVERLAND TR RAKOCZY, JOE 7208 TUMBLEWEED CT COLLEYVILLE, TX 76034 7208 TUMBLEWEED CT BROWN, CHRISTOPHER 7213 TUMBLEWEED CT COLLEYVILLE, TX 76034 7213 TUMBLEWEED CT HIGGINS, JAMES V 500 CHISOLM CT COLLEYVILLE, TX 76034 500 CHISOLM CT O'CONNOR, JO NELL 517 BANDIT TR COLLEYVILLE, TX 76034 517 BANDIT TR THAYER, JAMES 7216 WINDSWEPT TR COLLEYVILLE, TX 76034 7216 WINDSWEPT TR BENTON, MATT 504 CHISOLM CT COLLEYVILLE, TX 76034 504 CHISOLM CT VANGUARD ESTATES ADDITION 7205 Vanguard Court COLLEYVILLE ,TX 76034 COURTESY NOTICE MONTICELLO ADDITION-COLLEYVLLE P.O. Box 254 COLLEYVILLE ,TX 76034 COURTESY NOTICE GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED Notify_List Honesty-Integrity-Excellence-Transparency From:  Sent: Sunday, January 7, 2024 6:13:55 PM To: David.groves ; mark ; s ; Timraine ; savoie.j ; ckbevill ; jerome.obinabo ; Chuck Kelley Cc: Bobby Lindamood; Callie Rigney; Brandi Elder; George Bond; Scotty Richardson; Ben Graves Subject: Re-Plat Opposiition/512 Bandit Trl To whom it may concern, Attached is my letter of opposition to the Re-Plat from one to two lots of 512 Bandit Trl. Due to illness I will not be able to attend the Monday, January 8, 2023 meeting so I hope this will serve as my notice of opposition. Thank you for all you do Wendy Kelso 504 Bandit Trl Collevyille TX 76034 RESOLUTION R-24-4912 A RESOLUTION APPROVING A REPLAT FOR LOTS 3A AND 3B, BLOCK 4, WESTERN TRAILS ADDITION WHEREAS,the Planning and Zoning Commission recommended approval of the replat for Lots 3A and 3B, Block 4, Western Trails addition, on January 8, 2024. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the replat for Lots 3A and 3B, Block 4, Western Trails addition on approximately 1.05 acres, attached as Exhibit “A” – Plat Exhibit, is hereby approved. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE 6TH DAY OF FEBRUARY 2024. Mayor Bobby Lindamood Mayor Pro Tem Callie Rigney Brandi Elder, Place 1 Ben Graves, Place 4 George Bond, Place 2 Chuck Kelley, Place 5 Scotty Richardson, Place 3 ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor Exhibit “A” - Plat Exhibit RESOLUTION R-24-4913 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 6, 2024 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: Sec. 1. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 6TH DAY OF FEBRUARY 2024. Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye Chuck Kelley, Place 5 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor