HomeMy WebLinkAbout2021 0202Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: February 2, 2021
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
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Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: February 2, 2021
Submitted by: Tina Stewart
Submitting Department: General Admin
Item Type: Presentation
Agenda Section:
Subject:
Receive a presentation from Emily Podzielinski of Eiger Marketing formerly known as Octagon regarding the
Volunteers Of America Classic. (General Admin)
Suggested Action:
Attachments:
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Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: February 2, 2021
Submitted by: David Coulon
Submitting Department: Police
Item Type: Expenditures
Agenda Section:
Subject:
Discussion on the Notice of Intent to use Police Department Asset Seizure Funds. (Coulon)
Suggested Action:
Texas Code of Criminal Procedure (Chapter 59) allows funds seized and forfeited to the Police Department
under that chapter to be spent on law enforcement equipment. The department intends to spend $11,000 of
these funds on 3 new IT approved laptops with all required software licenses and air cards for official use of
staff and 2 replacement bar code scanners for the property room.
The Code of Criminal Procedure requires that the governing body receive notice of an expenditure of seized
and forfeited funds. The City of The Colony accomplishes the notification on a Consent Agenda.
Attachments:
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Agenda Item No:3.3
CITY COUNCIL Agenda Item Report
Meeting Date: February 2, 2021
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
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Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: February 2, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes for January 19, 2021. (Stewart)
Suggested Action:
Attachments:
January 19, 2021 DRAFT Minutes.docx
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1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information
regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming
events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action
will be taken and no direction will be given regarding these items.
MINUTES OF THE CITY COUNCIL REGULAR SESSION
HELD ON
JANUARY 19, 2021
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:35 p.m. on the 19
th day of January 2021, at City Hall, 6800 Main Street, The Colony,
Texas, with the following roll call:
Joe McCourry, Mayor
Kirk Mikulec, Deputy Mayor Pro Tem
Richard Boyer, Mayor Pro Tem
Brian Wade, Councilmember
David Terre, Councilmember
Perry Schrag, Councilmember
Joel Marks, Councilmember
Present
Present
Present
Present
Present
Present
Present
And with 7 council members present a quorum was established and the following items were
addressed in this meeting remotely via videoconference.
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS
1.1 Call to Order
Mayor McCourry called the meeting to order at 6:35 p.m.
1.2 Invocation
Councilmember Terre delivered the invocation.
1.3 Pledge of Allegiance to the United States Flag
The Pledge of Allegiance to the United States Flag was recited.
1.4 Salute to the Texas Flag
Salute to the Texas Flag was recited.
1.5 Items of Community Interest
Mayor McCourry provided statistics related to the corona virus pandemic for
Denton County and The Colony.
2.0 CITIZEN INPUT
Buddy Bonner, 505 Drexel Drive, Lewisville, spoke regarding his candidacy for Place 1
on the Lewisville Independent School District Board of Trustees.
3.0 WORK SESSION
3.1 Discuss Public Information Requests Quarterly Report as presented for Council review.
No discussion on this item.
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City Council – Regular Meeting Agenda
January 19, 2021
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3.2 Council to provide direction to staff regarding future agenda items. (Council)
None
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda- Mikulec; second by Marks, motion
carried with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes for January 5,
2021.
4.2 Consider approving a resolution authorizing the City Manager to accept a bid from
Fort Bend Services, Inc. for the annual contract for sludge dewatering chemicals at
Stewart Creek Wastewater Treatment Plant.
RESOLUTION NO. 2021-004
4.3 Consider approving an ordinance amending Chapter 9, Article III, of the Code of
Ordinances of the City of The Colony, Texas, by repealing in its entirety Section
9-40, entitled "Fire Code", and replacing it with a new Section 9-40, entitled
"International Fire Code Adopted", by adopting the 2018 Edition of the
International Fire Code, and Local Amendments to the International Fire Code.
ORDINANCE NO. 2021-2429
4.4 Consider approving the renewal of a contract for Diane Baxter as an LPGA
consultant and Event Coordinator Liaison.
4.5 Consider and approve a Resolution of the City Council of the City of The Colony,
Texas, Making Findings and Determinations Related To: The Levy of Assessments
within The City of the Colony Public Improvement District No. 1 (the "District"),
Completion of Public Improvements that Specially Benefit Property Within the
District for which Assessments have been Levied; Ratifying Prior Actions
Undertaken by the City Council Related to the District; Resolving Other Matters
Related Thereto; And Providing for an Effective Date.
RESOLUTION NO. 2021-005
4.6 Consider and Adopt an Ordinance of the City Council of The City of The Colony,
Texas, Related to The City of The Colony Public Improvement District No. 1;
Approving an Amended and Restated Service and Assessment Plan for the District,
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City Council – Regular Meeting Agenda
January 19, 2021
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Including Assessment Roll; Ratifying and Confirming Prior Actions Related to the
District; Providing Findings and Determinations by and Related to the District;
Providing a Severability Clause; and Providing for an Effective Date.
ORDINANCE NO. 2021-2430
4.7 Consider and approve a Resolution of the City Council of The City of The Colony,
Texas, Approving an Amended and Restated Management Agreement by and
between the City of The Colony, Texas, The Board of Directors of Tax Increment
Reinvestment Zone Number One, City of The Colony, Texas, and The Colony
Local Development Corporation, Concerning Reinvestment Zone Number One,
City of The Colony, Texas; Providing a Severability Clause; and Providing for an
Effective Date.
RESOLUTION NO. 2021-006
4.8 Consider and approve a resolution by the City Council of the City of The Colony,
Texas, Consenting to "The Colony Local Development Corporation Tax Increment
Contract Revenue Refunding Bonds (Nebraska Furniture Mart Texas Project)
Taxable Series 2021"; and Resolving Other Matters Incident and Related to the
Issuance of such Bonds; and Authorizing a Reimbursement Agreement; and
Providing an Effective Date.
RESOLUTION NO. 2021-007
5.0 REGULAR AGENDA ITEMS
5.1 Conduct a public hearing, discuss and consider an ordinance regarding a zoning
change from annexed territory's temporary Agricultural (A) zoning district
classification to a permanent Single-Family (SF-1) zoning district at 7001 Ethridge
Drive, Lot 1R, being .859 acres of land in the Beach and Tennis Club Addition,
Cabinet J, Page 26, M.R.D.C.T., and being located northwest of the intersection of
Ethridge Drive and Beach Club Road.
Senior Planner, Isaac Williams, presented the proposed ordinance to Council. Mr.
Williams reviewed the zoning changes, land uses, development standards, and
proposed site elevations. The Development Review Committee recommends
approval of the proposed zoning change request. On December 22, 2020, the
Planning and Zoning Commission voted 6-0 to recommend approval of changing
the temporary Agriculture (A) zoning to Single-Family (SF-1).
Brian Salcedo with Salcedo Homes, LLC, was available to answer questions.
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City Council – Regular Meeting Agenda
January 19, 2021
Page| 4
The public hearing opened at 7:07 p.m. Glen Cooper, 13150 Beach Club Road,
expressed that the proposed property is within a homeowners association. There
being no other speakers, the public hearing closed at 7:08 p.m. Lori Davis, 4104
Driscoll Drive, and Richard Kuether, 4109 Driscoll Drive registered in opposition
on the proposed ordinance.
The public hearing was reopened at 7:10 p.m. Scott and Kim Richeson, 3513
Cottonwood Springs Drive, appeared in support of the proposed ordinance.
Lindsay Ellis, 4024 Caldwell Avenue, appeared in opposition of the proposed
ordinance. There being no other speakers the public hearing closed at 7:14 p.m.
City Council provided discussion on this item.
Motion to approve- Marks; second by Wade, motion carried with all ayes.
ORDINANCE NO. 2021-2431
5.2 Discuss and consider approving a resolution authorizing the City Manager to accept
a bid from Gracon Construction, Inc., in the amount of $12,532,266.00 for
construction of the Stewart Creek Wastewater Treatment Plant Expansion Project
- Phase 2A for dewatering.
Assistant City Manager of Administration, Tim Miller, presented the proposed
resolution to Council. Troy Laman, Project Manager with Carrollo Engineers,
provided an overview summarizing the impact the project will have on the
community.
Motion to approve -Boyer; second by Mikulec, motion carried with all ayes.
RESOLUTION NO. 2021-008
5.3 Discuss and consider approving a resolution authorizing the Mayor to execute a
Third Amendment to the MarineQuest Groundlease Agreement for Hidden Cove
Park, granting an extension to the lease term.
Community Services Director, Pam Nelson, presented the proposed resolution to
Council. Ms. Nelson states the proposal is to refinance the existing loan and add
funding for various capital improvements in the park.
Marcel Bosworth with Marine Quest was available for questions from Council.
City Council provided discussion on this item.
Motion to approve -Mikulec; second by Wade, motion carried with all ayes.
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City Council – Regular Meeting Agenda
January 19, 2021
Page| 5
RESOLUTION NO. 2021-009
5.4 Discuss and consider approving a resolution authorizing the City Manager to
execute a contract for services with Tod-Co Consultative Services to provide
assistance in the development of a Hotel/Convention Center.
City Manager, Troy Powell, provided an overview on the proposed resolution.
Mayor McCourry acknowledged the scrivener’s error regarding compensation in
the agreement and addressing the change.
Motion to approve -Mikulec; second by Boyer, motion carried with all ayes.
RESOLUTION NO. 2021-010
6.0 EXECUTIVE SESSION
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 7:57 p.m.
APPROVED:
__________________________________
Joe McCourry, Mayor
City of The Colony
ATTEST:
_______________________________
Tina Stewart, TRMC, CMC
City Secretary
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Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: February 2, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Expenditures
Agenda Section:
Subject:
Consider approving Council expenditures for the months of November and December 2020. (Council)
Suggested Action:
Attachments:
CC Expenditures NovDec.pdf
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Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: February 2, 2021
Submitted by: Pam Nelson
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Park Attendant Agreement with
Margaret Arquero to assist with management and operations services for Stewart Creek Park. (Nelson)
Suggested Action:
Mrs. Arquero and her husband have been volunteer park hosts at Stewart Creek Park for almost a year, and
have been working a minimum of 25 hours per week in exchange for their site. When our previous paid park
attendants left in March of 2020, we were under a hiring freeze and were unable to fill the position. The Arqueros
were unpaid park hosts then and have helped us manage the park for the past several months. Since COVID
began, the gatehouse has been operated by Rec Center and Community Center staff due to those facilities
being closed. Rec Center staff went back to their normal duties when the Rec reopened, and it was at the time
things slowed down for the season at the park. In preparation of the upcoming spring season, we are
requesting approval of contracting with the Arqueros to help supplement Community Center staff to operate the
gatehouse. They have proven to be very dedicated and caring about the park, and are always customer
focused in their dealings with the public. This contract will also give us flexibility for their assistance at the gate
house once the new kiosk entry system is installed, in case park users have difficulty operating it.
Attachments:
SCP Park attendant-Arquero-2021.doc
Res. 2021-xxx Stewart Crk Park Attendant.doc
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STEWART CREEK PARK
PARK ATTENDANT AGREEMENT
The City of The Colony, Texas, hereinafter referred to as the “City”, andMargaret Arquero,
(hereinafter referred to as the “Contractor”, enter into this Park Attendant Agreement
(“Agreement”).
WHEREAS, The City desires to engage the services of Contractor for the purposes set forth
herein, as independent contractor and not as an employee.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein
made and the benefits flowing to the parties hereto, the City and the Contractor, do hereby
contract and agree as follows:
A.DUTIES AND OBLIGATIONS OF CONTRACTOR.
Contractor shall serve as Park Attendant at Stewart Creek Park (the “Park”) located in the
City. As Park Attendant, Contractor shall:
1. Provide a self-contained trailer (the type and design of which shall be subject to the
approval of the Community Services Director or his/her designee) that shall be parked
near the entrance of the park at a location designated by the Community Services
Director or his/her designee. Contractor will maintain the area around the self-
contained trailer in a clean, uncluttered and sanitary condition at all times. A limited
number of vehicles will be allowed on the site at the discretion of the Community
Services Director or his/her designee. Contractor shall base the performance of this
Agreement from that trailer. The contractor shall be responsible for:
a) Daily management of the park.
b) Operation of gatehouse and assist guests with entry kiosk during hours
needed to ensure entry permits are obtained by guests. The schedule for
gatehouse coverage will be coordinated with the Community Services
Director or his/her designee, and must be flexible based on volume of
park attendees, weather, and other factors that may affect traffic and
attendance.
c) Opening and closing the park gate at the appropriate time every day in
coordination with the on-site park hosts, unless Community Services
Director or his/her designee is notified in advance so other arrangements
can be made for any absences.
d) Securing the gate at the trailhead parking lot from dusk to dawn or as
scheduled.
e) Conducting a minimum of (3) tours- (November-March) and (5) tours
(April-October) daily through the park to monitor restroom cleanliness,
park violations, guests activities, and maintenance issues.
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2. The scheduling of tours and gatehouse hours of operations, shall be determined in
coordination with the Community Services Director or his/her designee during which
the Contractor shall, among other things:
(a.) Review the condition of the park and facilities, and maintain/repair items that
are within Contractor’s abilities to handle.
(b.) Determine if any park facilities require maintenance, and notify the
Community Services Director or his/her designee of any problems the
Contractor is unable to handle.
(c.) Collect fees at gatehouse and/or assist guests with kiosk operations as
needed.
(d.) Determine whetherany person has failed to comply with rules and
regulations relating to the use of the Park, and address those that the
Contractor has the authority to handle; otherwise contact the appropriate
authority for assistance.
(e.) Provide assistance and information to park users as needed.
(f.) Ensure restroom facilities are clean and properly stocked on each tour made
through the park.
(g.) Schedule park hosts or request scheduling of city staff to supplement
Contractor’s coverage of gate house, maintenance, and park and restroom
monitoring when Contractor is off or unavailable.
(h.) Schedule Community Service workers to assist with park maintenance, litter
control, and other projects.
Additionally, Contractor shall be responsible for the following:
3. Furnishing his/her own transportation for patrolling the park, but must attach
magnetic “Park Attendant” signs supplied by the City to vehicle to be clearly identified
while on patrol.
4. Informing guests of Park and the U.S. Army Corp. of Engineers (USACE) rules and
regulations, and distribute literature as needed.
5. Exhibiting a friendly and welcoming approach to all customer interactions, and
exercise tact, diplomacy, and courtesy at all times when dealing with the public.
6. Reporting all disturbances Contractor is unable to control/manage to The Colony
Police Department. Contractor shall not attempt to apprehend violators.
7. Clean up functions on an as needed basis, including the following:
(a.) Emptying trash containers daily, and/or on an as needed basis, with
consideration of the attendance, season, special events and holidays.
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(b.) Check, stock and clean existing restrooms daily to ensure a pleasant and
sanitary experience for park users.
(c.) Keeping shoreline and swim beach area clean and free of trash and debris.
(d.) Keeping gatehouse clean and light bulbs replaced on an as needed basis.
(e.) Cleaning ashes and debris from fire-rings, grills and grounds as needed.
8. Keeping a written record of complaints and incidents, as well as records of campers
and park users on required forms.
9. Collecting all “lost and found” property, and turn all such property over to the City if
unclaimed after 30 days.
10. Issuing daily, yearly, and camping permits in accordance with City financial regulations
and procedures. The Contractor is responsible for such permits and accurate
accounting for all fees collected until delivered to the Administrative Assistant of the
Parks & Recreation Dept. Contractor will be financially responsible for any
discrepancies in permits sold and fees collected by Contractor or Contractor’s
employees.
B. DUTIES AND OBLIGATIONS OF THE CITY.
City shall provide to Contractor:
1.A site for the self-contained trailer that will include water, sewer, and electric service.
All personal telephone, cable/satellite TV, Wi-Fi, propane, etc. , expenses incurred by
the Contractor in the performance of this agreement shall be the responsibility of the
Contractor.
2. Basic office supplies and handout materials.
3. Washer/Dryer access in the park
4. Uniform shirts and name tag identification.
5. Magnetic signs for vehicle identification.
6. Supplies such as trash bags, toilet paper, cleaning and office supplies to properly
maintain facilities in performance of Contractor’s job duties.
7. A utility vehicle and fuel for patrolling and trash collection.
C. ADDITIONAL TERMS OF AGREEMENT
1. This agreement shall be for 12 months, or, upon approval by the Community Services
Director, Contractor may serve shorter intervals if a suitable substitute contractor is
available through mutually agreed alternate scheduling periods with the Contractor.
The Contractor must request the use of substitute contractors in writing, and
substitutes must enter into a separate park attendant agreement with the City with
schedules mutually agreed upon by both parties.
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2. This agreement shall automatically renew each yearunless either party provides
notification of termination by the following terms:
a. This agreement may be terminated by the Contractor by giving at least thirty
days written notice to the Community Service Director or his/her designee.
This Agreement may be terminated by the City for any reason by giving the
Contractor at least thirty days written notice. Additionally, the City may
terminate this Agreement immediately and without notice upon the
occurance of any of the following:
i. The conviction of Contractor of any felony, or of any misdemeanor
involving moral turpitude; or
ii. The failure of Contractor to diligently or properly perform
Contractor’s duties under this Agreement.
3. Payment to the Contractor shall be on a bi-weekly basis at a rate of $_70 per day
Monday-Friday, and/or $_90__ per day (Saturday, Sunday, Holidays). Daily rates may
be adjusted based on attendance and/or other factors. An invoice with record of
hours worked at the gatehouse must be submitted to the Community Services
Director or designee on a bi-weekly basis for payment. The contract amount shall be
reviewed annually and may be adjusted through the City’s budget process as
approved by City Council.
4. The Contractor shall notify the Community Service Director or his/her designee of any
anticipated absences at least 14 days in advance. If the Contractor is absent, the
Contractor has the option of providing a replacement to perform his/her duties, and
must provide contact information for any temporary staff to the City. Failure to
provide proper coverage when absent will result in a reduction of Contractor’s pay for
the period of absence. Contractor may use on-site Park Host to assist with coverage,
not to exceed an average of 25 hours per week. Contractor may also request staffing
to be provided by the City for coverage during absences, in which case, Contractor’s
pay will be reduced at a pro-rated rate for any time missed.
5. Contractor shall present a neat and clean appearance while on duty.
6. Contractor shall abstain from the use of alcoholic beverages, and controlled
substances while on duty.
7. Contractor shall not construct or place in the Park any dog pens, horse corrals, poultry
cages or similar facilities for pets or securing of animals. All pets of the Contractor
shall be confined or on a leash of six feet (6’) or less in length when outside. Pets will
not be allowed in the gatehouse.
D. MISCELLANEOUS PROVISIONS
1.Status as Independent Contractor: It is the intention of the parties that Contractor
shall be an independent contractor and not an employee of the City for all purposes,
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including but not limited to the application of the Federal Insurance Contribution Act,
the Social Security Act, the Federal Unemployment Act, provisions of the Internal
Revenue Code. City will abstain from payment of Workers Compensation Insurance
on Contractor. Contractor shall coordinate scheduled tasks with the Community
Service Director or his/her designee. Contractor has represented to the City that the
Contractor is an individual, and will be required to pay federal self-employment taxes
upon amounts received under this Agreement.
2.Indemnification: Contractor shall indemnify the City, its officers, employees and
agents against, and hold the City , its officers, employees and agents harmless from,
any and all liability, suits, claims, actions, causes of action costs, expenses or fees
(including reasonable attorney’s fees) for any injury to or the death of any person,
damage to, or destruction of any property resulting from or based upon, in whole or
in part, any act or omission of Contractor, his or her agents / employees, under this
Agreement. The provision of this paragraph shall survive the termination of this
Agreement.
3.Assignment: Contractor shall not assign any of its rights and obligations pursuant to
this Agreement, without the express written consent of the Community Service
Director or his/her designee.
4.City Ordinances: This Agreement is subject to all City Ordinances presently in force
and any Ordinances, which the City Council may pass in the future.
AGREED to this the day of _ _______2021.
THE CITY OF THE COLONY:Contractor -PARK ATTENDANT
Troy Powell, City Manager Margaret Arquero
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021-________
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PARK ATTENDANT AGREEMENT WITH MARGARET
ARQUERO FOR STEWART CREEK PARK ATTENDANT
SERVICES WITH TERMS AND CONDITIONS AS STATED
THEREIN; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The City Council of the City of The Colony, Texas hereby
approves the Park Attendant Agreement with Margaret Arquero for Stewart Creek Park
Attendant Services under the terms and conditions as stated therein.
Section 2.A true and correct copy of the Agreement is attached hereto and
incorporated herein as Exhibit “A”.
Section 3.The city manager is authorized to execute the Agreement on behalf
of the city.
Section 4.This resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas,this the 2nd Day of February 2021.
______________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC,CMC, City Secretary
APPROVED AS TO FORM:
_______________________________
Jeff Moore, City Attorney
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Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: February 2, 2021
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Discussion
Agenda Section:
Subject:
Discuss and consider an engineering variance to Table II-7 - C Minimum Distance from Driveway to
Intersection - Engineering Design Manual, in accordance with the Code of Ordinances Section 6-124 -
Variance. The subject site is located at the northeast intersection of South Colony Boulevard and Memorial
Drive. (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps, and illustrations for analysis, details and staff's
recommendation.
Attachments:
PP20-0004 CC Staff Report Camey Place - Engineering Variance.doc
Variance attachments.pdf
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PLANNING AND ZONING COMMISSION REPORT
AGENDA DATE:January 12, 2020
DEPARTMENT:Development Services Department
SUBJECT PP20-0004 Camey Place – Engineering Design Manual Variance
Discuss and consider an engineering variance to Table II-7 - C Minimum Distance from
Driveway to Intersection - Engineering Design Manual, in accordance with the Code of
Ordinances Section 6-124 - Variance.The subject site is located at the northeast intersection of
South Colony Boulevard and Memorial Drive.
OWNER/ENGINEER
Owner/Developer: John Hodge, Arcadia Colony, LLC Dallas, Texas
Applicant: Greg Helsel, Spiars Engineering Plano, Texas
EXISTING CONDITION OF PROPERTY
The property is currently undeveloped.
PROPOSED REQUEST
The applicant requests a variance from the Engineering Design Manual to allow the Memorial
Drive entrance to Camey Place be a distance of 44.7 feet where 100 feet is required.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On January 12, 2021, The Planning and Zoning Commission voted (7-0) to recommend approval
of the variance.
ADJACENT ZONING AND LAND USE
North - Planned Development 14 (PD-14) The Legends – Single-Family Residential
South - Planned Development 16 (PD-16) Cascades – Multi-Family Residential
East - Planned Development 14 (PD-14) The Legends – Single-Family Residential
West - Planned Development 14 (PD-14) The Legends – Single-Family Residential
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
Based on the access limitation associated with this site and the design features incorporated into
the new roadway connection, the Development Review Committee recommends approval of this
variance.
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Applicant Narrative
4. Variance Exhibit
5. Sight Distance Exhibit
Item # 3.1
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ATTACHMENT 1
Staff Analysis
Considerations.
Engineering Design Manual - Table II-7, states that the minimum distance from commercial
driveway to intersection for a local street shall be one-hundred-foot (100). (Engineering Design
Manual Table II-7.C)
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Section 6-124 of the Code of Ordinances, states the Planning and Zoning Commission may
consider and make recommendation to City Council for a variance from the Engineering Design
Manual. Consideration of the evidence followed the criteria below:
1.The variance is not detrimental to the public safety, health, or welfare or injurious to
other property.
The developer centered the intersection of Camey Place Way and South Colony
Boulevard to provide centralized access throughout the development and they will provide
a left-turn lane and median cut on South Colony Boulevard. This will be the primary
access to the site and provide residents access to travel either direction on South Colony
Boulevard. Since this driveway is centrally located, most of the residents will use this
driveway to quickly access SH 121 or other parts of the city. To provide better vehicular
access within the community and provide two points of ingress and egress needed by the
Fire Department, staff recommended that the developer also connect Stewarts Creek Court
to Memorial Drive. The original intent was to connect to Memorial Drive through the
LISD parking lot so that the median cut at that location could be utilized by residents.
LISD did not allow the connection through their parking lot, so an adjacent street
connection was proposed.
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Staff has reviewed this connection, and it meets all our Engineering and Fire Department
requirements except that the distance between the new roadway connection to the adjacent
entry driveway at LISD is closer than our requirements allow. Although this driveway
does not meet the distance requirement from the school driveway to the roadway
connection, it does meet the distance requirement from South Colony and Memorial Drive
intersection and provides more distance to this intersection to facilitate vehicular weaving
needed to access the left-turn lane on Memorial Drive that will allow travel to SH 121. To
facilitate safety, a small triangular median was added to this proposed roadway connection
to only allow right-in/right-out traffic movements. In addition, the rush hour timing for
the Natatorium is different from the residential development which should help minimize
potential visibility issues from cars leaving the two driveways at the same time.
2. The conditions upon which the request for a variance is based are unique to the
property for which the variance is sought and are not applicable generally to other
property.
In developing the parcel with 80 single-family homes, the fire code requires two entrances
and diagonal separation of the subdivision entrances. Given the shape of the development
parcel, existing street intersections, existing driveways, and the fire code requirements, a
variance request is unique to the property.
3. Because of the particular physical surroundings, shape or topographical conditions
of the specific property involved, a particular hardship to the owner would result, as
distinguished from a mere inconvenience if the strict compliance with the subdivision
ordinance is required.
The original intent was to connect to Memorial Drive through the LISD parking lot so that
residents could utilize the median cut at that location. LISD did not allow the connection
through their parking lot, so a directly adjacent street connection was proposed. The
applicant is able to request a variance from the Engineering Design Manual to allow a
minimum distance from the driveway to the intersection closer than one-hundred-feet
(100) as an alternative to strict compliance. Development of the subdivision without the
proposed engineering variance would either force agreement with LISD or require a more
unfavorable variance from the fire code.
4. The special or peculiar conditions upon which the request is based did not result
from or were not created by the act or omission of the owner or any prior owner,
subsequent to the date of creation of the requirement from which the variance is
sought.
The subject site is within the existing 24.813 acres of the Planned Development 20 (PD-
20) zoning district. Planned Development 20 is developed with a 10.507 acre the
Lewisville Independent School District (LISD) Aquatic Center. The remaining 14.306
acres was contemplated as a LISD middle school site. In February of 2019, the LISD
board of trustees approved a resolution designating the subject property as “surplus” and
authorized the district staff to take action in regard to the sale of the properties. The
property sale indicated that no future educational purposes are anticipated on the site and
47
5
is no longer necessary for district operations. Staff found no act or omission in the history
of development that generates the engineering variance request.
Development Review Committee Review
Based on the access limitation associated with this site and the design features incorporated into
the new roadway connection, the Development Review Committee recommends approval of this
variance.
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This map was generated by GIS data provided by The Colony GIS Department. The City of The Colony does not guarantee the correctness oraccuracy of any features on this map. These digital products are for llustration purposes only and are not suitable for site-specific decision making. /Project No. PP20-0004 - Project Name: Variance Camey Place
Subject Area
Subject Area
Camey Place
Agricultural
Business Park
Business Park/Industrial
Duplex Dwelling
General Retail
Heavy Commercial
Industrial
Light Commercial
Mobile Home
Neighborhood Service
Office District 1
Planned Development
Shopping Center
Single Family Dwelling
Townhome
49
765 CUSTER ROAD, SUITE 100 I PLANO, TEXAS 75075
MAIN 972.422.0077 I FAX 972.422.0075
TBPE NO. F-2121 I TBPLS NO. F-10043100
December 7, 2020
Mr. Keyl Groff
Mr. Ron Hartline
The Colony
6800 Main Street
The Colony, Texas 75056
Variance Narrative – Camey Place
The Colony, Texas
Mr. Groff/Mr. Hartline,
The proposed variance is being requested for the Camey Place (proposed residential development)
entrance off Memorial Drive (required 2nd point of access) based on direction from the Engineering
Department. Although the proposed driveway separation does not meet the Engineering Design Manual,
it shouldn’t create any maintenance, operations, or safety issues.
The alternative design would require a shared access through the existing entrance of the LISD
Natatorium which is not supported by City staff or the LISD after efforts by the developer to coordinate
an acceptable access through the existing parking lot. The location of the site for the proposed residential
development in relation to the existing intersection of S. Colony Boulevard and Memorial Drive, along
with the proximity of the LISD Natatorium’s entrance, creates the unique access location being proposed.
The supporting documentation includes a Variance Exhibit and Sight Distance Exhibits for the proposed
access to Camey Place.
This variance will not be detrimental to the public safety, health or welfare or injurious to other property.
Please give me a call if you have any questions.
Sincerely,
SPIARS ENGINEERING, INC.
Greg T. Helsel, P.E.
50
°
N=7080878.45
E=2468445.49
VARIANCE EXHIBIT
CAMEY PLACE
14.306 ACRES OUT OF THE W. BRIDGES SURVEY, ABSTRACT
NO. 112, THE A. ROBERTSON SURVEY, ABSTRACT NO.405,
THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 174, AND THE
B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 172
CITY OF THE COLONY, DENTON COUNTY, TEXAS
LOCATION MAP
1" = 1000'
PROJECT
LOCATION
51
S
N
W E
CAMEY PLACE - SIGHT DISTANCE EXHIBIT
W. BRIDGES SURVEY, A-112, A. ROBERTSON, A-405, B.B.B & C.R.R SURVEY, A-172 & A 174
CITY OF THE COLONY
DENTON COUNTY, TEXAS
52
Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: February 2, 2021
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an ordinance regarding a zoning change from Planned
Development 20 (PD-20) to Planned Development 28 (PD-28) aka "Camey Place," to establish and provide
single-family development standards on an approximately 14.306 acre tract of land out of the W. Bridges
Survey, Abstract No. 112, The A. Robertson Survey, Abstract No. 405, The B.B.B. & C.R.R. Survey, Abstract
No. 174, and the B.B.B. & C.R.R. Survey, Abstract No. 172 City of The Colony, Denton County, Texas. The
subject site is located at the northeast intersection of South Colony Boulevard and Memorial Drive. (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendations.
Attachments:
Z20-0001 Camey Place - CC Staff Report.doc
Z20-0001.pdf
CAMEY PLACE Narrative Final 12.18.20.pdf
Camey Place - Preliminary Plat.pdf
Ord. 2021-xxxx Camey Place PD-28.docx
53
1
CITY COUNCIL REPORT
AGENDA DATE:February 2, 2021
DEPARTMENT:Development Services Department
SUBJECT Z20-0001- Camey Place – Change from Planned Development 20 (PD-20) to
Planned Development 28 (PD-28)
Conduct a public hearing, discuss and consider an ordinance regarding a zoning change from
Planned Development 20 (PD-20) to Planned Development 28 (PD-28) aka "Camey Place," to
establish and provide single-family development standards on an approximately 14.306 acre tract
of land out of the W. Bridges Survey, Abstract No. 112, The A. Robertson Survey, Abstract No.
405, The B.B.B. & C.R.R. Survey, Abstract No. 174, and the B.B.B. & C.R.R. Survey, Abstract
No. 172 City of The Colony, Denton County, Texas. The subject site is located at the northeast
intersection of South Colony Boulevard and Memorial Drive.
OWNER/ENGINEER
Owner/Developer: Arcadia Colony, LLC Dallas, Texas
Applicant: Spiars Engineering Plano, Texas
EXISTING CONDITION OF PROPERTY
The property is currently undeveloped.
PROPOSED REQUEST
The applicant requests a zoning change for approximately 14.306 acres from Planned
Development 20 (PD-20) to Planned Development 28 (PD-28). The applicant proposes to
provide single-family development standards and establish an 80-lot single-family home
development.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On January 12, 2021 The Planning and Zoning Commission voted (7-0) to recommend approval
of the zoning change request from Planned Development 20 (PD-20) to Planned Development 28
(PD-28).
ADJACENT ZONING AND LAND USE
North - Planned Development District 14 (PD-14) - The Legends single-family residential
South - Planned Development District 16 (PD-16) - Cascades multi-family residential
East - Planned Development District 20 (PD-20) - LISD Aquatic Center
West - Planned Development District 14 (PD-14) - The Legends single-family residential
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee recommends approval of the zoning change request from
Planned Development 20 (PD-20) to Planned Development 28 (PD-28).
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Proposed Ordinance
4. Applicant Narrative
5. Proposed Preliminary Plat
54
2
ATTACHMENT 1
Staff Analysis
Land Use Analysis
The subject site is within the existing 24.813 acres of the Planned Development 20 (PD-20)
zoning district. Planned Development 20 is developed with 10.507 acres dedicated to the
Lewisville Independent School District (LISD) Aquatic Center. The remaining 14.306 acres was
contemplated as a LISD middle school site. In February of 2019, the LISD board of trustees
approved a resolution designating the subject property as “surplus” and authorized the district
staff to take action in regard to the sale of the properties. The sale of the property indicated that no
future educational purposes are anticipated on the site and is no longer necessary for district
operations. LISD has submitted a letter this undeveloped portion is not required for the district's
future needs.
The applicants request establishes zoning and development standards for an approximately 14.306
acre single-family development containing 80 home sites (trails and a pocket park) known as
“Camey Place.” The Camey Place will consist of traditional, single-family detached dwelling
units with an approximate density of 5.59 single-family units per acre. The subject site is within
an area recommended for “Low-Density Residential” development according to the Future Land
Use Map (FLUM) of the City. A “Low-Density Residential” area is primarily intended for
traditional, single-family detached and or attached (duplex) dwelling units the proposed
development is consistent with the recommendation of the Future Land Use Map.
Camey Place contains design elements consistent with the adjacent single-family residential
development and other newer single-family development throughout the City. Staff review found
Planned Development 14 (PD-14) also known as The Legends neighborhood contains a phase of
development with nearly identical development standards.
Adjacent and comparable development
* exclusive of breezeways, garages, or attached accessory building or accessory space not directly used for dwelling purposes.
PD
Planned
Development
28
Planned
Development
14
Planned
Development
14
Planned
Development
14
Planned
Development
16
Planned
Development
14
Name Camey Place
Legends Trails
Phase I
Legend Crest
Phase VIII
Legend Crest
Phase V
The Atlantic
Stonebriar
Legend Trails
Phase III
Location Proposed Adjacent
West Adjacent North
Adjacent
North-East Adjacent South >900 LF West
Land Use Single-family
residential
Single-family
residential
Single-family
residential
Single-family
residential
Multi-family
residential
Single-family
residential
Density 5.59 u/a 4.01 u/a 3.75 u/a 4.00 u/a 19.7 u/a 5.82 u/a
Home Size 1,800 sqft*1,600*1,500*1,500*na 1,400 sqft*
Lot size 4,500 sqft 4,400 7,000 7,000 na 4,400 sqft
Lot width 45 40 60 60 na 40
Lot depth 98 100 100 100 na 100
Front yard 15 20 20 20 na 18
Rear yard 10 20 20 20 na 20
Garage 2 2 2 2 na 2
Parking 2 2 2 2 2 2
55
3
Aesthetics
The developer offers architectural standards in the development ordinance and the Covenant,
Controls, and Restrictions (CC&Rs) of the homeowners association (HOA). Within Camey
Place, no houses shall have the same front elevations within five homes of each other on the same
side of the street, and each home will incorporate a minimum of four (4) from a list of eight (8)
architectural elements. The elements include:
1) Shutters,
2) Dormers,
3) Corbels,
4) Brackets,
5) Brick details,
6) Coach lights,
7) Divided light windows,
8) Exterior specialties such as decorative adornments and ornamentation.
The developer has indicated that the CC&Rs will require that façade content shall be 90% brick,
natural stone, cast stone, stucco, or cementitious fiberboard in horizontal “lapboard”, vertical or
with a decorative pattern.
Additionally, the front loaded garages will include enhanced features such as windows, cedar
cladding and /or split carriage style garage doors.
Circulation and Access
The proposed development layout reflects two (2) access points in to the development. One
access is from South Colony Boulevard the other from Memorial Drive. Southbound access
from South Colony Boulevard includes a center median cut and left-turn lane. The second access
is a right-in/right-out from Memorial Drive. The proposed access from Memorial Drive is a
component of the requested engineering variance (PP20-0004) which seeks relief from the
minimum distance from driveway to intersection.
The development will provide internal and perimeter pedestrian accesses. Five-foot (5’) wide
sidewalks provide pedestrian access throughout the development. A six-foot (6’) wide public
sidewalk on South Colony Boulevard serves the site. The existing six-foot (6’) Memorial Drive
public sidewalk will be upgraded to a ten-foot (10’) wide trail.
Buffering, landscaping, and common areas
The homeowners association will develop and maintain a small 3,746 square-foot pocket park
containing trees, shrubs, seating, mail facilities, pet waste facility, and open space. A twenty-foot
(20’) landscape buffer will be constructed along Memorial Drive and South Colony Boulevard.
The landscape buffer will include curvilinear plantings of eighteen (18) canopy trees, thirty-seven
(37) ornamental trees, as well as thirty-four (34) shrubs and ornamental grasses. The selection and
orientation of the plantings are similar to surrounding buffers.
Adjacent to the landscape buffer, the homeowners association will construct and maintain a six-
foot (6’) tall masonry screen wall along Memorial Drive and South Colony Boulevard. The
existing sidewalk along South Colony shall remain. The HOA will also build and maintain a
double-sided six-foot (6’) tall wooden fence along the common property line with the LISD
56
4
Aquatic Center and alley facing The Legends community. Wooden fences along alleys are
consistent with surrounding development.
Notification and Response
The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to
the City Council meeting for a zoning change. Notice for this Public Hearing was published in
The Dallas Morning News on January 15, 2021. In addition, the Zoning Ordinance also requires
notification of property owners located within 200 feet of the subject property a minimum of
fifteen (15) days prior to the public hearing. Notices were mailed on January 14, 2021 to fifty-
four (54) property owners. No comments either for or against the zoning change request were
received from individual homeowners as of the printing of this packet. Staff has received letters
of support from the Lewisville Independent School District and the Legends Home Owners
Association.
Development Review Committee Review
The Development Review Committee recommends approval of the zoning change request from
Planned Development 20 (PD-20) to Planned Development 28 (PD-28).
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This map was generated by GIS data provided by The Colony GIS Department. The City of The Colony does not guarantee the correctness oraccuracy of any features on this map. These digital products are for llustration purposes only and are not suitable for site-specific decision making. /Project No. Z20-0001 - Project Name: PD28 - Camey Place
Subject Area
Subject Area
PD28 - Camey Place
Agricultural
Business Park
Business Park/Industrial
Duplex Dwelling
General Retail
Heavy Commercial
Industrial
Light Commercial
Mobile Home
Neighborhood Service
Office District 1
Planned Development
Shopping Center
Single Family Dwelling
Townhome
58
CAMEY PLACE
PLANNED DEVELOPMENT
NARRATIVE LETTER
Camey Place is a proposed single-family detached planned development
neighborhood located on a 14.3-acre infill parcel at the northeast corner of South
Colony Blvd and Memorial Drive. The neighborhood will consist of eighty single-
family detached homes situated on forty-five-foot-wide lots. Arcadia Realty
purchased the subject property after being selected by the Lewisville Independent
School District through an open competitive bid process.
One of the major contributing factors to Arcadia Realty’s selection was that
we are proposing a single family detached neighborhood as opposed to a
commercial or multifamily development. Additionally the proposed Camey Place
neighborhood conforms to the future land use plan designated for the subject
property of low-density single family residential. Subsequent to purchasing the
property we have worked closely with both the engineering and planning staff while
engaging with both the Lewisville Independent School District and The Legends
Home Owners Association to gain their support for Camey Place.
The target buyer demographics for Camey Place are envisioned to be
younger professional dual income first time move up homebuyers who will take
advantage of the convenient split commute access to Sam Rayburn Tollway, and
empty nesters who already live nearby who are looking to downsize. Home sizes
will range from 1,800-3,500 square feet with the lower half of the range comprising
of the single-story plans and the upper range consisting of two-story plans. We do
anticipate that the average home square footage will fall within the 2,600-3,000
square foot range.
Home prices are projected to range from the upper $300’s to the upper
$400’s. Camey Place will be complimentary to our adjacent residential neighbors,
namely The Legends and Village at the Point, which are comprised of mainly larger
3,500 – 4,000 square foot single-family detached homes and townhomes
respectively. Camey Place is positioned as an on-ramp and off-ramp for homebuyers
looking to potentially move up from the Village at the Point townhomes or downsize
from the larger single-family homes in The Legends neighborhood. Camey Place will
provide an option for current homeowners in the surrounding area who want to
right-size their home without leaving the community they love.
The Camey Place neighborhood will have a professionally managed
Homeowners Association that will enforce the covenants, conditions, and
restrictions as well as administer the maintenance of landscaping and perimeter
screening. The CC&R’s for the neighborhood will enforce the requirement that
facades of homes will be comprised of ninety percent brick, stone, masonry, or
cementitious material. Additionally, the Camey Place HOA will also require that one
shade tree is planted and maintained in the front yard of each home. These trees will
be chosen from a list of approved tree types stipulated in the governing documents.
Through stakeholder input and careful planning alongside the city planning
and engineering staffs, we have designed a neighborhood that will seamlessly fold
into the fabric of the existing community and backfill two much-needed housing
types.
Thank you for your consideration.
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2021 - _______
CAMEY PLACE PLANNED DEVELOPMENT NO. 28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES,
APPENDIX A, COMPREHENSIVE ZONING ORDINANCE AND MAP OF
THE CITY OF THE COLONY, TEXAS ON AN APPROXIMATELY 14.306
ACRE TRACT OF LAND OUT OF THE W. BRIDGES SURVEY, ABSTRACT
NO. 112, THE A. ROBERTSON SURVEY, ABSTRACT NO. 405, THE B.B.B.
& C.R.R. SURVEY, ABSTRACT NO. 174, AND THE B.B.B. & C.R.R.
SURVEY, ABSTRACT 172, CITY OF THE COLONY TEXAS, AND MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" WHICH IS ATTACHED
HERETO AND INCORPORATE HERE FOR ALL PURPOSED, BY
AMENDING THE ZONING ON THE APPROXIMATELY 14.306 ACRE
TRACT FROM PLANNED DEVELOPMENT 20 (PD-20) TO PLANNED
DEVELOPMENT 28 (PD-28) TO BE KNOWN AS THE CAMEY PLACE
PLANNED DEVELOPMENT DISTRICT; ESTABLISHING A SINGLE-
FAMILY DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS;
PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,after public notice and public hearing as required by law, the Planning and
Zoning Commission for the City of The Colony, Texas, has recommended that the official zoning
map of the City of The Colony, Texas, be amended to reflect that the zoning on an approximate 14.306
acre tract of land out of the W. Bridges Survey, Abstract No. 112, The A. Robertson Survey, Abstract
No. 112, The A. Robertson Survey, Abstract No. 405, The B.B.B. & C.R.R. Survey, Abstract No.174,
and The B.B.B. & C.R.R. Survey, Abstract No.172, City of the Colony Texas, and more particularly
described in in Exhibit A of this Ordinance, which is attached hereto and is incorporated herein for
all purposes, be amended from Planned Development 20 (PD-20) to Planned Development-28 (PD-
28) establishing a single-family development plan and development standards in accordance with
Planned Development 28 (PD-28), Ordinance No. 2021-xxxx; and
WHEREAS,the Planning and Zoning Commission of the City of The Colony, Texas, and
the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas,
have given the requisite notices by publication and otherwise, and have held due hearings and afforded
a full and fair hearing to all property owners generally and to all persons interested, and the City
Council of the City of The Colony, Texas, is of the opinion and finds that said changes should be
granted and that the Comprehensive Zoning Ordinance should be amended; and
WHEREAS,this change of zoning is in accordance with the adopted Comprehensive Plan
of the City of The Colony, Texas, as amended.
63
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. FINDINGS INCORPORATED
That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth
herein.
SECTION 2. REZONE OF PROPERTY
That the Comprehensive Zoning Ordinance and Map of the City of The Colony, Texas, duly
passed by the governing body of the City of The Colony, Texas, as heretofore amended, be and
the same is hereby amended to grant a change in zoning on an approximately 14.306 acre tract of
land out of the W. Bridges Survey, Abstract No. 112, The A. Robertson Survey, Abstract No. 112,
The A. Robertson Survey, Abstract No. 405, The B.B.B. & C.R.R. Survey, Abstract No.174, and The
B.B.B. & C.R.R. Survey, Abstract No.172, City of the Colony Texas, and more particularly described
in in ExhibitA of this Ordinance, which is attached hereto and is incorporated herein for all purposes,
be changed from Planned Development 20 (PD-20) to Planned Development-28 (PD-28) establishing
a single-family development plan and development standards, providing for screening walls and
landscape in accordance with Planned Development 28 (PD-28), Ordinance No. 2021-xxxx.
SECTION 3. ENROLLMENT OF ORDINANCE
The City Secretary is directed to engross and enroll this Ordinance in the Code of Ordinances of
the City of The Colony and to reflect this change of zoning on the official zoning map of the City
of The Colony, Texas.
SECTION 4. PENALTY CLAUSE
Any person, firm, or corporation violating any of the provisions or terms of this Ordinance shall
be guilty of a misdemeanor and upon conviction, shall be fined a sum not to exceed $2,000.00 for
each offense, and each and every violation or day such violation shall continue or exist, shall be
deemed a separate offense.
SECTION 5. SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same
would have been enacted by the City Council without the incorporation of this Ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6. EFFECTIVE DATE
This Ordinance shall become effective immediately upon its passage and publication as required
by law.
PASSED AND APPROVED BT THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 22
ND DAY OF FEBRUARY, 2021.
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APPROVED:
_____________________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
65
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Exhibit A
Legal Description
Metes and Bounds Description
BEING a tract of land situated in the W. Bridges Survey, Abstract No. 112, the A. Robertson
Survey, Abstract No. 405, the B.B.B. & C.R.R. Survey, Abstract No. 174, and the B.B.B. &
C.R.R. Survey, Abstract No. 172, City of The Colony, Denton County, Texas, the subject tract
being a portion of a tract of land conveyed to the Lewisville Independent School District (I.S.D.),
according to the deed recorded in Volume 4346, Page 316 of the Deed Records, Denton County,
Texas (DRDCT), with the subject tract being more particularly described as follows:
BEGINNING at a 1/2" iron rod with plastic cap found for the south corner of Legend Crest
Phase VIII, an addition recorded in Cabinet T, Page 168, Plat Records, Denton County, Texas
(PRDCT), being on the northeast line of South Colony Boulevard, a called 100 foot right-of-
way, for the north corner of a drive easement thereof recorded in Volume 4754, Page 1145
DRDCT;
THENCE N 43°12'27" E, 831.05 feet along the southeast line of Legend Crest Phase VIII to an
"X" set in concrete on the southwest line of Legend Crest Phase V, an addition recorded in
Cabinet Q, Page 221 PRDCT;
THENCE S 62°05'43" E, 227.46 feet along the southwest line thereof to a point from which a
1/2" iron rod found for the southeast corner of Lot 18, Block O, and the southwest corner of Lot
19, Block O, Legend Crest Phase V, bears S 72°53'33" E, 139.87 feet;
THENCE departing the southwest line thereof, into said Lewisville I.S.D. tract, the following:
S 27°55'59" W, 90.06 feet;
S 28°03'15" E, 514.76 feet;
S 62°11'40" W, 150.46 feet;
And S 27°48'20" E, 203.93 feet to a point on the north line of Memorial Drive, a called 120
foot right-of-way, the north half thereof being described in by a drive easement thereof
recorded in Volume 4754, Page 1141 DRDCT;
66
Page 5
THENCE along the north line thereof, around a non-tangent curve to the left having a central
angle of 07°13'06", a radius of 3880.00 feet, a chord of S 52°57'06" W - 488.50 feet, an arc
length of 488.82 feet to a point being the intersection of the north line of Memorial Drive with
the northeast line of South Colony Boulevard;
THENCE N 42°50'34" W, 694.26 feet along the northeast line of South Colony Boulevard;
THENCE continuing along the northeast line of South Colony Boulevard around a tangent curve
to the left having a central angle of 03°56'59", a radius of 1440.00 feet, a chord of N 44°49'03"
W - 99.25 feet, an arc length of 99.27 feet to the POINT OF BEGINNING with the subject tract
containing 623,180 square feet or 14.306 acres of land.
67
Page 6
68
Page 7
Exhibit B
General Regulations:
The Development shall be in accordance with this ordinance, the Single-Family Zoning District,
and the Comprehensive Zoning Ordinance. In instances where this ordinance conflicts with the
Comprehensive Zoning Ordinance or the Single-Family Zoning District, this ordinance shall
govern. The Development shall be in general conformance with the development plans as shown
on the Development Plan attached, as Exhibit C.
A homeowner's association shall be established prior to the issuance of residential building
permits. The property owner's association shall be responsible for improving and maintaining all
private common areas, common facilities and maintain landscaping for the private wall
maintenance easements facing public alleys as contained within the area of the Development Plan.
Camey Place shall be in conformance with the specific regulations reflected in Exhibit B and
development plans attached as Exhibit C, D, E and F.
Specific Regulations:
Permitted uses: The permitted uses shall be for the development of an eighty (80) residential lot
and three (3) common lot,single-family development.
Single-Family Detached Lot Type: Street Served Garages
1. Maximum lot coverage shall be sixty-five percent (65%).
2. Minimum floor area* shall be 1,800 square feet.
3. Maximum height of structures shall be forty (40) feet with a maximum of two (2) stories.
4. Minimum lot area shall be 4,500 square feet.
5. Minimum lot area along a curve shall be 4,240 square feet.
6. Minimum lot width shall be forty-five (45) feet at the front setback.
7. Minimum lot depth** shall be ninety-eight (98) feet.
8. Minimum lot depth for a lot on a curve measured by average depth on the curve shall be ninety-
three (93) feet.
9. Minimum front yard setback shall be fifteen (15) feet.
10. Minimum garage setback twenty (20) feet.
11. Minimum side yard setback shall be five (5) feet.
12. Minimum side yard setback, abutting a street shall be ten (10) feet.
13. Minimum rear yard setback shall be ten (10) feet.
14. Minimum garage square footage 380 square feet.
15. Minimum garage width eighteen (18) feet.
16. Garages shall provide two (2) parking spaces per residence.
17. Driveways shall provide two (2) parking spaces per residence.
18. Maximum two (2) foot overhang for eaves shall be permitted.
19. Fences facing The Legends alley right-of-ways (ROW) shall be placed no closer to alley
pavement than two-and-one-half (2.5) feet.
*Minimum floor area shall be computed exclusive of breezeways, garages, or attached accessory building or accessory space not
directly used for dwelling purposes.
** Lot depth means the mean distance between the front and rear lot lines.
69
Page 8
Architectural Standards:
1. Architectural front elevations shall not be repeated within five houses on either side on the same
side of the street and the five houses immediately across the street.
2. Each home will incorporate a minimum of four of the below listed elements:
a) Shutters
b) Dormers
c) Corbels
d) Brackets
e) Brick details
f) Coach lights
g) Divided light windows
h) Exterior specialties
Garage Standards:
Garages will consist of one of the following enhanced architectural features: windows, cedar
cladding and/or split carriage style garage doors.
Streets:
1. Streets shall have a thirty-one foot (31’) back-to-back pavement section, within a
Fifty-foot (50’) ROW.
2. Streets will have a three-foot parkway and five-foot public internal sidewalks.
Landscape Regulations:
Landscaping for Camey Place shall generallyfollow the concept shown on the illustrative site plan
and incorporate the landscape features in (Exhibit D).
The landscape features listed in (Exhibit D) are below.
a) Entry monument
b) Enhanced landscaping
c) Landscape buffer
d) 10' pedestrian and bike trail along Memorial Drive
e) Pocket Park
Screening Regulations:
Screening shall generally conform to the screening plan illustrated in (Exhibit H) and include the
following:
1.Masonry screening wall shall be six feet (6’) tall and generally comply with the masonry
screening wall shown in (Exhibit J). Masonry screening walls shall be located along Memorial
Drive and South Colony Blvd.
2.Wood fence screening shall be six feet (6’) tall and generally comply with thewood fence shown
in (Exhibit I). Wooden perimeter screening fences shall be located along the alley right-of-way
adjacent to the Legends Neighborhood and the Lewisville Independent School District Aquatics
Center.
70
Page 9
Exhibit C
71
Page 10
Exhibit C
72
Page 11
Exhibit D
Illustrative Landscape Plan
73
Page 12
Exhibit E
Architectural Style Examples
74
Page 13
Exhibit F
Street Section Examples
75
Page 14
Exhibit G
Screening Plan
76
Page 15
Exhibit H
Wood Screening Example
77
Page 16
Exhibit J
Masonry Screening Example
78
Agenda Item No:5.3
CITY COUNCIL Agenda Item Report
Meeting Date: February 2, 2021
Submitted by: Mayra Sullivan
Submitting Department: Finance
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution amending the Fiscal Year 2020-2021 Master Fee Schedule to
include mobile food truck/trailer fire inspection fee. (Thompson / Lucas)
Suggested Action:
Attachments:
Fire Fee Schedule - Updated Jan 2021.pdf
Res. 2021-xxx Amending Master Fee Schedule - Food Truck Inspection Fees.doc
79
Fire Plan Review / Permit
Mobile Food Truck/Trailer Fire Inspection $75
State Mandated Fire Inspection $75
Foster Care & Group Home - Annual Fire Inspection $50
Fire Re-Inspection $75 for the first
$150 for the second
Storage Tanks Above Ground - $100
Underground - $150
Fire Line Permit $225
Fire Alarm Permit Fee
(Based on the number of signal initiating devices)
1 - 25 devices = $150
26 - 50 devices = $200
51 – 75 devices = $250
76 – 100 devices = $325
101 devices = $350
+$.75 per device over 100
Fire Sprinkler Permit
(Based on the number of sprinkler heads)
1 - 100 sprinkler heads = $175
101 – 200 sprinkler heads = $200
201 – 300 sprinkler heads = $225
301 – 400 sprinkler heads = $250
401 – 500 sprinkler heads = $300
Over 500 sprinkler heads = $250
+$.25 per sprinkler head over 500
Fire Panel Replacement Only $100
Fire Plan Review $175
Plan Review Re-submittal $200
Vent Hood Permit $100 - first hood
$50 each additional
Working without a permit Double permit fee
Special Locks $100
80
Page 1
69248
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021-________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING RESOLUTION NO. 2020-048
ADOPTION OF THE MASTER FEE SCHEDULE, BY AMENDING THE
MASTER FEE SCHEDULE TO INCLUDE MOBILE FOOD
TRUCK/TRAILER FIRE INSPECTION FEE; PROVIDING A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of The Colony adopted the Master Fee Schedule for Fiscal Year
2020-2021 by Resolution No. 2020-048, passed and approved on the 15th day of September
2020; and
WHEREAS, the City desires to amend the 2020-2021 Master Fee Schedule, providing
for new fees and fee amendments for the City; and
WHEREAS, after consideration and review, the City Council finds that Resolution No.
2020-048, as amended is the new Master Fee Schedule, which is attached hereto and
incorporated herein as Attachment “A,” be adopted to provide fees for the City of The Colony.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. That Resolution No. 2020-048, as amended by Attachment “A”, be
incorporated as the Master Fee Schedule.
Section 2. That all provisions of any resolution of the City Council of the City of The
Colony in conflict with the provisions of this resolution be, and the same are hereby, repealed,
and all other provisions not in conflict with the provisions of this resolution shall remain in full
force and effect.
Section 3. That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 2nd Day of February 2021.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
81
Page 2
69248
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
______
Jeff Moore, City Attorney
82
Agenda Item No:5.4
CITY COUNCIL Agenda Item Report
Meeting Date: February 2, 2021
Submitted by: Eve Morgan
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to execute a contract with Kraftsman
Commercial Playgrounds and Water Parks for the design, site work, purchase and installation of the Kids
Colony Splash Park Phase 1 through the BuyBoard Purchasing Cooperative in the amount of $824,983.12 with
funding from the Community Development Corporation. (Morgan)
Suggested Action:
Attachments:
CC Agenda support Kraftsman.pdf
Q68629-1 Kids Colony Base SplashPark phase 1.pdf
Q68812 - Kids Colony Alternate Shade umbrellas.pdf
Agreement 12-8-20.pdf
Kraftsman Financial Summary.pdf
Res. 2021-xxx Kraftsman Commercial - Splash Pad Project.doc
83
City Council Agenda Item
Meeting Date: February 2, 2021
Parks and Recreation
TITLE
Consider approving a resolution authorizing the City Manager to execute a contract with Kraftsman
Commercial Playgrounds & Water Parks for the design, purchase and installation of the Kids Colony
Splash Park Phase 1 through the BuyBoard Purchasing Cooperative in the amount of $824,983.12 with
funding from the Community Development Corporation.
PURPOSE
The 2010 Kids Colony Master Plan identified a splash park as a component to be included in the
renovation of this park. Previous renovations based on that master plan included two separate
playground structures depicting the historical aspects of The Colony. The splash park will continue the
theme by relating the City to Lewisville Lake as the City by the Lake. The proposed splash park will be
located adjacent to the existing playground in the field between the playground and the Griffin Middle
School property.
Staff has researched splash parks and toured many splash parks around the metro area to get feedback
from our counterparts on quality, service and operations. Two types of drainage systems are commonly
used in splash parks: a single pass system that routes water directly into the sanitary sewer and a
recirculating system that treats and recirculates the water. It was determined early that the a
recirculating system would provide the least amount of water usage due to the 4000 gallon water tank
and the filtration systems that clean and recirculate the water. All of the water is treated in a
recirculating system.
Cost for the recirculation system is more due to the up-front costs related to the additional elements to
recirculate the water. The filtration system, supplemental water treatment system and tank required
for a recirculating system added $85K to the project but will reduce the water demand by 93%.
Calculation estimates based on the configuration of the splash park elements and the hours of operation
for weekly consumption of fresh water is approximately 29K gallons in the recirculation system,
compared to the approximately 1.3 million gallons per week with a single pass system.
Staff received two proposals from Kraftsman Commercial Playgrounds & Water Parks, a BuyBoard
vendor, which includes the Water Odyssey splash park components. The base proposal is for design, site
work, purchase and installation of the water park elements in the amount of $799,853.75 and the add-
alternate proposal for the purchase of two shade umbrellas and installation in the amount of
$25,129.37. Total for base and add-alternate proposal is $824,983.12.
Funding for this project was approved in the Community Development Corporation FY2019/2020
budget.
84
RECOMMENDATION
The Community Development Corporation approved this item at the January 14th CDC meeting and staff
recommends approval of a contract with Kraftsman Commercial Playgrounds & Water Parks in the
amount of $824,983.12 for the base proposal and add-alternate proposal.
SUGGESTED MOTION
I move to approve a resolution authorizing the City Manager to execute a contract with Kraftsman
Commercial Playgrounds & Water Parks in the amount of $824,983.12 for the base and add-alternate
proposal for the design, site work, purchase and installation of the Kids Colony Splash Park Phase 1
through the BuyBoard Purchasing Cooperative with funds from the Community Development
Corporation.
85
Kraftsman
COMMERCIAL PLAYGROUNDS &
WATER PARKS
19535 Haude Road
Spring, TX 77388
Phone: (281) 353-9599 Fax: (281) 353-2265
Quote #Q68629-1
Page: 1
1/8/2021Date:
Project:
By:Kraftsman
16984
Product DescriptionQty Unit Price Ext. PriceSizeWeightColor
Eve Morgan
Kid’s Colony SplashPark
The Colony
5151 North Colony Boulevard
TX 75056Sold To:The Colony, City of
972-624-3956
Phone:Fax:
Percentage Completed Draws Monthly
Terms:Ship To:Kid’s Colony SplashPark
The Colony TX 75056
The Colony, City of
5151 North Colony Boulevard
Eve Morgan
972-624-3956
Main Phone:Mobile Phone:
Kid’s Colony SplashPark
Quote based on DSS Design
Development drawings from October
2020, and Kraftsman Phase One
Drawings dated
11.2.2020
Option 8
DISCBB Proposal includes Discount on
BuyBoard Purchase, BuyBoard
Contract #592-19
W071 Water Flower™. By: Water Odyssey.2 1,733.00 3,466.0010/20
W057 Water Sprout™. By: Water Odyssey.1 1,867.00 1,867.004
W040 Water Web™ , By: Water Odyssey1 4,267.00 4,267.0016
FF3023 Fun Forms™ Beatrice Butterfly Aqua
Spout by Water Odyssey
1 4,400.00 4,400.003 GPM
@ 3
PSI
FF3007 Fun Forms™ Finn the Fish Aqua
Spout by Water Odyssey
1 2,667.00 2,667.003 GPM
@ 3
PSI
W010 Mushroom Maze™ (no Activator). By:
Water Odyssey.
1 4,267.00 4,267.0040
W085 Splash-O-Lator™. By: Water
Odyssey.
2 1,733.00 3,466.007/14
W400-071 Switcheroo™ series Water Flower™,
embed and balance assembly. By
Water Odyssey
1 2,533.00 2,533.0010
W093 Water Weave™. By: Water Odyssey.1 4,000.00 4,000.0014
FF2040 Fun Forms™ Petunia Aqua Sprayer
by Water Odyssey
1 16,133.00 16,133.0020 GPM
@ 5
PSI
W097C-5 Over N’ Under™, Water Conserving
(five nozzles). By: Water Odyssey.
1 6,800.00 6,800.0024N/A
W600-070 Switcheroo Two™ series Water
Crown™, embed and balance
assembly. By Water Odyssey
1 4,333.00 4,333.0029
86
Kraftsman
COMMERCIAL PLAYGROUNDS &
WATER PARKS
19535 Haude Road
Spring, TX 77388
Phone: (281) 353-9599 Fax: (281) 353-2265
Quote #Q68629-1
Page: 2
1/8/2021Date:
Project:
By:Kraftsman
16984
W011C Jet Way™, water conserving. By:
Water Odyssey.
3 1,333.00 3,999.009/27
W400-036C Switcheroo™ series Baby Long
Legs™, embed and balance
assembly, water conserving version.
By Water Odyssey
3 2,267.00 6,801.003/9
W400-057 Switcheroo™ series Water Sprout™,
embed and balance assembly. By
Water Odyssey
1 2,533.00 2,533.004
W036C Baby Long Legs™, Water Conserving.
By: Water Odyssey.
2 1,600.00 3,200.003/6
W280 Popp Dropp™ By: Water Odyssey.5 1,334.00 6,670.003/15
W125C Simple Spray™, water conserving.
By: Water Odyssey
5 1,200.00 6,000.003/15 brass
GPM 273-Estimated Operating Flow
Rate
W009 Touch & Go™ Vibration Bollard,
Wired, Hockey Puck Style with
handprint by Water Odyssey
1 4,000.00 4,000.00
FENCE-CUST Custom Fencing enclosure for
filtration area. by Kraftsman
1 24,500.00 24,500.0020x20
CONC5RB Concrete Pad for Filtration area, 5”
thick concrete pad with, rebar
reinforced, broom finish, minimum
500 sq. ft.
1 5,800.00 5,800.0022x22
KSPC-16-32 Custom SplashPark Controller with
16 hard-wired inputs and 32 outputs
mounted in a NEMA4XX housing,
includes 5 years remote cellular
access by Kraftsman
1 18,500.00 18,500.00
CRS-5 Pulsar CRS System, 5 gallon
container, with pumps. CRS™
improves water clarity and efficiently
traps Crypto. Pulsar CRS should be
used in conjunction with a proper
sanitizer as another layer of
protection in a total risk management
program. Pulsar CRS works by
trapping microorganisms such as
Cryptosporidium in stable flocs that
are carried to the filter media and
then filtered out. Consult Health
department guidelines for proper
chlorine residuals, water balance and
equipment maintenance should
always be followed
1 2,778.00 2,778.005 gal.
INSTALL Installation of Kustom PVC Manifold
with ball valves for spray features.
1 4,000.00 4,000.00
87
Kraftsman
COMMERCIAL PLAYGROUNDS &
WATER PARKS
19535 Haude Road
Spring, TX 77388
Phone: (281) 353-9599 Fax: (281) 353-2265
Quote #Q68629-1
Page: 3
1/8/2021Date:
Project:
By:Kraftsman
16984
AKWFS400 Aquakraft Water Filtration System -
400 GPM
1 55,000.00 55,000.00
WRHT4 Water Reservoir Holding Tank, 4000
Gallon, Concrete with epoxy coated
interior, with access lid and hatch;
1½” Automatic fill valve with wall
penetration; overflow and all
penetrations as required by project
design, delivered by AquaKraft
1 26,895.00 26,895.004000
Gallon
SPLASHDECK Spray Play Pad, 5” thick concrete pad
with slope to drains, rebar reinforced,
light broom finished to help prevent
the possibility of slippage (no
coloring or top coat), By: Kraftsman
1 47,736.00 47,736.003672
SF
SPLASHDRAI
N
SplashPark Large capacity deck drain
24” square, 8” side outlet, with
Fiberglass grate. By Kraftsman
1 2,200.00 2,200.00350
GPM
PIWF SIGN PIWF SplashPark Rules sign with 2”
letters, .08mm aluminum, full color
graphics with UV laminate, Select
White or Black background. By
Aquakraft
1 450.00 450.0036”
x48”
white or
black
SEATWALL Concrete Seatwall, 18” H x 18” W, by
Kraftsman
1 13,500.00 13,500.0060 LF
PIERS36X084 Concrete piers for shade umbrellas,
with steel rebar reinforcement, By:
Kraftsman
2 2,686.00 5,372.0036”
x84”
FOUND-CUST Custom Concrete Foundation For
Shelter.
1 28,000.00 28,000.001248
sqft
CONC5RB Concrete sidewalks, 5” thick concrete
pad with, rebar reinforced, broom
finish.
5600 12.00 67,200.00
REMOVE
CONC
Removal of existing concrete
sidewalk or patio surfacing, clean up
of materials, and disposal in proper
land fill (applies to maximum 4”
thickness, with site access by Bobcat
loader) NOTE: Minimum charge of
$1500, By: Kraftsman
945 8.00 7,560.00sq ft
SITEPREP Preparation of Site per plan by
Kraftsman
1 103,000.00 103,000.00
CREDIT Credit for customer providing 1,100
cubic yds of fill materials. Calculated
at $20 per yard.
1 -22,000.00 -22,000.00
Irrigation
sleeves
Irrigation sleeves1 2,000.00 2,000.00
FGRADE Finish Grade with existing top soil to
prepare for seed. Per cubic yard.
200 23.00 4,600.00
88
Kraftsman
COMMERCIAL PLAYGROUNDS &
WATER PARKS
19535 Haude Road
Spring, TX 77388
Phone: (281) 353-9599 Fax: (281) 353-2265
Quote #Q68629-1
Page: 4
1/8/2021Date:
Project:
By:Kraftsman
16984
CATCHBASIN
2424
Catch Basins per plans. By:
Kraftsman
4 3,334.00 13,336.00
DRAINLINE12 Drain Line for SplashParks and other
Park areas, Storm Drainage per Plan.
By: Kraftsman
370 84.00 31,080.00ln ft
DRAINLINE6 Drain Line for SplashParks and other
Park areas, 6”. Per plan tied into
existing 6” sanitary sewer at rec
building. By: Kraftsman
291 54.00 15,714.006”
RPZ-2 1” RPZ Backflow Prevention Valve,
installed w/cage on existing plumbing
or new plumbing called out in a
separate line item.
2 3,556.00 7,112.00
WLINE2 2” Water Line, By: Kraftsman220 12.00 2,640.00
SPLASHPARK
CONTROLS
SplashPark Electrical Control System.
By: Kraftsman
1 16,667.00 16,667.00
CONSTENTRY Rubble Concrete Construction
Entrance. By: Kraftsman
1 4,445.00 4,445.00
CLTEMPFENC
E
Chain Link Temporary Fencing 6’
high. By: Kraftsman
1000 14.00 14,000.00
REVEGETATI
ON
Revegetation of disturbed areas
along paving, includes hand raking,
installation of 31,500 sf Common
Bermuda Sod, 22,830 sf of
hydromulch, and temporary
irrigation.
By: Kraftsman
1 44,108.00 44,108.00
PERMIT 2 Obtain Necessary Building Permit for
SplashPark and General Park
Construction.
BUILDING PERMIT FEE TO BE PAID
BY CUSTOMER OR CHANGE ORDER
TO KRAFTSMAN.
1 0.00
CONSTDOCS Construction documentation, plans &
submittals by Kraftsman
1 3,500.00 3,500.00
INSURANCE-
AI
Name customer as additional insured
on General Liability Policy and
processing of coverage.
1 0.00
SWPP Storm Water Pollution Prevention
control system. By: Kraftsman
1 8,500.00 8,500.00
BOND1 Performance & Payment Surety Bond,
and processing of the bond
documentation.
1 23,995.00 23,995.00
89
Kraftsman
COMMERCIAL PLAYGROUNDS &
WATER PARKS
19535 Haude Road
Spring, TX 77388
Phone: (281) 353-9599 Fax: (281) 353-2265
Quote #Q68629-1
Page: 5
1/8/2021Date:
Project:
By:Kraftsman
16984
Subtotal:$673,590.00
$5,333.00
Tax:$0.00
($55,830.25)
Total:$799,853.75
Equipment Subtotal:$623,092.75
Install:$176,761.00
Discount:
Shipping & Handling:
90
Kraftsman
COMMERCIAL PLAYGROUNDS &
WATER PARKS
19535 Haude Road
Spring, TX 77388
Phone: (281) 353-9599 Fax: (281) 353-2265
Quote #Q68629-1
Page: 6
1/8/2021Date:
Project:
By:Kraftsman
16984
Special Terms and Conditions
These items are not included:
· Restroom Building or connections
· Picnic shelter
· Shade systems or site amenities.
· SplashDeck top surfacing for slip resistance, colorization, or fall absorbency. SplashDeck shall be
Medium Broom Finished concrete for slip resistance.
· Park Lighting
· Irrigation improvements
· Landscape improvements
Items not included:11/2/2020Subject:Date:
Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts.
Buy Board:11/2/2020Subject:Date:
Sales tax is not included in prices quoted. Customer is to supply Sales Tax Exemption or Sales Tax
Resale certificate at time of acceptance of proposal, or sales tax will be added to final contract and
invoicing for the project.
Sales Tax Exempt:11/2/2020Subject:Date:
Kraftsman will supply a certificate of insurance verifying the limits of coverage. See terms page for
details and charges for naming additional insured parties or adding special coverage’s if required.
Insurance Terms:11/2/2020Subject:Date:
All work completed and materials stored as of the last day of the month shall be billed on or before the
25th of said month. Payments to be received by the 15th of the following month.
Monthly Progress Billings 11/2/2020Subject:Date:
Unless noted otherwise on quote, all shipping and handling charges on quote are firm for duration of 90
days.
Shipping Charges 11/2/2020Subject:Date:
Performance and Payment bonds are included in this quote and will be provided after a signed quote or
contract is returned to Kraftsman. Maintenance Bonds are not included.
Bonding Included:11/2/2020Subject:Date:
· Building permit fees are not included or provided.
· Submittals and reviews for State of Texas ADA compliance and inspections are not included.
Building Permits:11/2/2020Subject:Date:
· Stock pile of existing soil onsite to be used for general fill in new park area.
· Select fill to be brought in for 24” pad site below SplashPark area.
· No additional fill materials to be imported for areas outside of the Select fill under the SplashPark.
· In the case that surplus materials are present, Kraftsman will grade into berms onsite at the direction of
the LA.
Site Work:11/2/2020Subject:Date:
91
Kraftsman
COMMERCIAL PLAYGROUNDS &
WATER PARKS
19535 Haude Road
Spring, TX 77388
Phone: (281) 353-9599 Fax: (281) 353-2265
Quote #Q68629-1
Page: 7
1/8/2021Date:
Project:
By:Kraftsman
16984
· Kraftsman will call and arrange for utility locating with the public utilities stake out providers. All Public
Utilities, including Phone, Electrical, Gas, Cable, and Fiber Optics are to be staked prior to installation.
Kraftsman will arrange with Public Utility Stake Out providers for a date that this is to be completed prior
to Kraftsman arriving on site.
· Customer is to locate, mark, and provide information for all privately owned utilities that are not
marked by the Public Utility providers, for all utility service lines below grade that are privately owned.
These will include any and all of the following: electrical, water lines, gas lines, irrigation lines, sewer
and storm lines, cable service lines, fiber optic or other IT lines, which are privately owned by the
property owner.
· Kraftsman is not responsible for any underground utilities which are not marked or located by the owner
or public utilities stake out providers. Damages to underground utilities for electrical, water, irrigation,
and other listed above will not be repaired by Kraftsman and will be the owner’s expense and
responsibility.(
Locating for Underground Utilities:11/2/2020Subject:Date:
Service includes one day of technical support personnel on site to assist with balancing of features,
system start up, and 4 hours of staff operations training.
Start Up & System Training:11/2/2020Subject:Date:
Allow 4 to 8 weeks for preparation of plans, drawings, and submittals after acceptance of proposal.
Shipping date of equipment from factory will be approximately 6 to 10 weeks after approval of submittal
documentation, provided that the following has been completed and approved by the customer:·
Project product submittals reviewed, approved and returned.
· Completed Color selection sheet (signed and dated)
· Physical project address
· All contact names and phone numbers
· Exemption certificate
· Deposit per contract
Allow adequate time for processing and procuring construction permits if required.
Allow approximately 10 to 16 weeks for project completion upon equipment delivery from manufacturer,
issuance of building permits if required, weather permitting.
Project Completion:11/2/2020Subject:Date:
Utility connections included per Design development plans issued October 2020.
Utilities:11/2/2020Subject:Date:
Pumping, Filtration, and Water Treatment System, self-priming pump with integral large capacity clear
top strainer; high rate sand filters with manual backwash valve, connected to Play Feature manifolds,
pressure relief "dump" valve connected to holding tank. BECSYS 5 Chemical Controller with auto safety
shutdown, Liquid Muriatic Acid pH treatment system and Liquid chlorine treatment system. Dynamic
Sequencing Controller connected to feature valves, and motor starter.
Filtration Spec: High Rate Sand Filtration 11/2/2020Subject:Date:
Lead Times are after approval of all Initial submittal info and colors.
Water Odyssey - the lead time for the embed portion to ship is 2 to 3 weeks and 8 to 12 weeks for the
rest of fe(atures to ship from when the order is placed with the manufacturer.
Lead Times:11/2/2020Subject:Date:
92
Kraftsman
COMMERCIAL PLAYGROUNDS &
WATER PARKS
19535 Haude Road
Spring, TX 77388
Phone: (281) 353-9599 Fax: (281) 353-2265
Quote #Q68629-1
Page: 8
1/8/2021Date:
Project:
By:Kraftsman
16984
Each Party shall be excused from liability for the failure or delay in performance of any obligation under
this Agreement (other than failure to make payment when due) by reason of any event beyond such
Party’s reasonable control including but not limited to Acts of God, fire, flood, explosion, earthquake,
pandemic flu, or other natural forces, governmental orders or directives, war, civil unrest, acts of
terrorism, accident, destruction or other casualty, any lack or failure of transportation facilities, any lack
or failure of supply of raw materials, or any other event similar to those enumerated above. Such excuse
from liability shall be effective only to the extent and duration of the event(s) causing the failure or delay
in performance and provided that the Party has not caused such event(s) to occur. Notice of a Party’s
failure or delay in performance due to force majeure must be given to the other Party within (20) days
after its occurrence has become identified by the Party. All delivery dates under this Agreement that have
been affected by force majeure shall be tolled for the duration of such force majeure. In no event shall
any Party be required to prevent or settle any labor disturbance or dispute, or to act outside of
compliance with governmental orders or directives.
Force Majeure:11/2/2020Subject:Date:
93
Kraftsman
COMMERCIAL PLAYGROUNDS &
WATER PARKS
19535 Haude Road
Spring, TX 77388
Phone: (281) 353-9599 Fax: (281) 353-2265
Quote #Q68629-1
Page: 9
1/8/2021Date:
Project:
By:Kraftsman
16984
PO#:
WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY & FITNESS EQUIPMENT
CONDITIONS OF SALE
1. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an
extra charge over and above the contract.
2. No returns of merchandise will be accepted unless previously authorized in writing by Kraftsman. All returns are subject to restocking fee
of 25% plus freight charges incurred for return to original shipment origination.
3. Title for all equipment is reserved by Kraftsman Commercial Playgrounds and Water Parks until payment in full is received. The right to
enter the property and repossess said equipment is hereby granted to Kraftsman Commercial Playgrounds and Water Parks if payment is
not rendered in accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to
Kraftsman Commercial Playgrounds and Water Parks as cost incurred to recover the equipment. Repossession of product does not waive
any damages or costs due as awarded by the court.
4. All collections or litigation concerning this contract shall be governed by the laws of the State of Texas, with venue in Harris County.
5. Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and
workmanship. See catalogs or attached drawings for specific layouts, warranties, and specifications .
6. Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors.
7. A service charge of 1.5% per month will be assessed on all past due amounts.
8. Payments to Kraftsman by credit card will incur a processing fee of 4% for Visa and MasterCard, and 6% for American Express.
9. Installation services include all labor, equipment required to complete the job, and insurance coverage’s as required by law. Extra
installation charges will incur for abnormal sub surfaces, ie. rock, landfill, etc. Price quoted includes Kraftsman’s standard insurance
coverages of $2 million in General Liability & Completed operations, $1 million in Automobile Liability, $1 million per occurrence/$2 aggregate
in Workman’s Compensation. Any charges by Kraftsman’s insurance carrier or agents for adding General Contractor or Owner as additional
insured, waivers of subrogation, or changes to standard coverage shall be added to contract charges. No performance bond or labor and
material payment bonds shall be provided by Kraftsman, unless listed as individual line item in proposal.
10. Kraftsman Commercial Playgrounds and Water Parks is not liable for damages to underground utilities, and irrigations systems during
installation. It is the customers responsibility to locate all underground utilities.
11. Building permits required by local or state authorities & municipalities are not included and are the responsibility of the owner of the
property, unless specifically included as a line item in the proposal. If you want Kraftsman to handle required permitting please contact our
office and we will provide a quote if not included as a line item within this proposal.
12. This proposal may be withdrawn by Kraftsman if not accepted within thirty (30) days.
Thank You! We Appreciate Your Business!
Sold To:Kid’s Colony SplashParkShip To:
Respectfully Submitted: ______________________________________
Kraftsman
Acceptance of Proposal:
The prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as
specified. Payment will be made as outlined above. If contract is placed with an attorney for suit or collection through
probate, bankruptcy or other legal proceedings, customer agrees to pay all expenses and reasonable attorney fees
incurred. Any verbal instructions, agreements, or promises are not valid unless written as part of this contract.
Authorized Signature: _________________________________
Authorized Signature: _________________________________
Date of Acceptance: _________________________
January 8, 2021 Date:
Printed Name & Title : _________________________________
Printed Name & Title : _________________________________
The Colony, City of
General Terms and Conditions
Percentage Completed Draws MonthlyTerms:
94
Kraftsman
COMMERCIAL PLAYGROUNDS &
WATER PARKS
19535 Haude Road
Spring, TX 77388
Phone: (281) 353-9599 Fax: (281) 353-2265
Quote #Q68812
Page: 1
1/8/2021Date:
Project:
By:Kraftsman
16984
Product DescriptionQty Unit Price Ext. PriceSizeWeightColor
Eve Morgan
Kid’s Colony SplashPark
The Colony
5151 North Colony Boulevard
TX 75056Sold To:The Colony, City of
972-624-3956
Phone:Fax:
Percentage Completed Draws Monthly
Terms:Ship To:Kid’s Colony SplashPark
The Colony TX 75056
The Colony, City of
5151 North Colony Boulevard
Eve Morgan
972-624-3956
Main Phone:Mobile Phone:
Kid’s Colony SplashPark alternate
shades for SplashPark area
DISCBB Proposal includes Discount on
BuyBoard Purchase, BuyBoard
Contract #592-19
KSHADEUMB
RELLA
Custom hypar Umbrella Shade
Canopy, 20 x 20 x 11 eave height
with glide elbows, Stainless Steel
column on base plates mounted
below surface, by Superior Shade
2 9,439.00 18,878.00
ENG622C Engineer Sealed Drawings of Shade
Canopy and Foundations with
calculations by Superior Shade
1 1,200.00 1,200.00
BOND1 Performance & Payment Surety Bond,
and processing of the bond
documentation.
1 753.00 753.00
Subtotal:$20,831.00
$1,466.67
Tax:$0.00
($1,887.80)
Total:$25,129.37
Equipment Subtotal:$20,409.87
Install:$4,719.50
Discount:
Shipping & Handling:
95
Kraftsman
COMMERCIAL PLAYGROUNDS &
WATER PARKS
19535 Haude Road
Spring, TX 77388
Phone: (281) 353-9599 Fax: (281) 353-2265
Quote #Q68812
Page: 2
1/8/2021Date:
Project:
By:Kraftsman
16984
Special Terms and Conditions
These items are not included:
footings for canopies - these are included in Q68629
Items not included:1/7/2021Subject:Date:
Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts.
Buy Board:1/7/2021Subject:Date:
Sales tax is not included in prices quoted. Customer is to supply Sales Tax Exemption or Sales Tax
Resale certificate at time of acceptance of proposal, or sales tax will be added to final contract and
invoicing for the project.
Sales Tax Exempt:1/7/2021Subject:Date:
Kraftsman will supply a certificate of insurance verifying the limits of coverage. See terms page for
details and charges for naming additional insured parties or adding special coverage’s if required.
Insurance Terms:1/7/2021Subject:Date:
If paying by American Express, there is a 6% processing fee charge. If paying by Visa or Master Card,
there is a 4% processing fee charge.
Credit Card terms:1/7/2021Subject:Date:
All work completed and materials stored as of the last day of the month shall be billed on or before the
25th of said month. Payments to be received by the 15th of the following month.
Monthly Progress Billings 1/7/2021Subject:Date:
Unless noted otherwise on quote, all shipping and handling charges on quote are firm for duration of 90
days.
Shipping Charges 1/7/2021Subject:Date:
Performance and Payment bonds are included in this quote and will be provided after a signed quote or
contract is returned to Kraftsman. Maintenance Bonds are not included.
Bonding Included:1/7/2021Subject:Date:
If Installation is purchased: Kraftsman is responsible for ensuring that adequate staff and equipment
resources are available for timely off-loading, safe handling, and secure storage of equipment upon
receipt from motor freight carrier of installed product shipments. Unloading of materials from the truck
will potentially require material handling equipment, i.e. forklift, pallet jack(s), to properly remove
equipment from the delivery truck. In Most Cases when Kraftsman is installing a project the product will
be received at Kraftsman’s Warehouse and stored until needed on the project. Then transported to the
site at the time of installation.
Delivery and Unloading:1/7/2021Subject:Date:
Installation quoted includes: Haul off of soil and concrete spoils from project site; or distribution and
leveling of any excess soils from excavation, if there is an area approved by customer for filling low areas
on the facility. Assembly of all frame work, installation of fabric and cable system, and all equipment
necessary for installation.
Installation:1/7/2021Subject:Date:
Fabric Shade Canopies are designed to withstand normal wind loads and weather conditions, and will
provide years of sun, heat, hail & UV protection with minimal maintenance. Warranties shall be void if
damage to or failure to the shade structure is caused by contact with chemical, misuse, vandalism,
fireworks or acts of God, including but not limited to, ice, snow or wind in excess of the applicable
building code parameters. All fabric tops are warranted for sustained winds up to 76 mph and for gusts of
up to 3 seconds duration up to 90 mph with no snow or ice accumulation. Damage caused by flying
debris is not covered. Fabric is not warranted where it is installed on a structure that is not engineered or
built by the manufacturer.
Care, Maintenance, and Warranties of Canopies:1/7/2021Subject:Date:
96
Kraftsman
COMMERCIAL PLAYGROUNDS &
WATER PARKS
19535 Haude Road
Spring, TX 77388
Phone: (281) 353-9599 Fax: (281) 353-2265
Quote #Q68812
Page: 3
1/8/2021Date:
Project:
By:Kraftsman
16984
Fabric Shade Canopy warranties do not cover natural disasters, such as earthquakes, shifts in terrain or
tornados. If the structure is installed in an area exposed to hurricanes, removal of the shade fabric is
required when a hurricane warning is issued. Structures are warranted for winds up to 145 mph, only if
the shade canopy fabric has been removed as per requirements by the manufacturer. Care must be
taken during removal of canopies so as not to damage the fabric or connection points and hardware.
Contact Kraftsman or the manufacturer of the canopy if there are questions in regards to proper removal
and reinstallation processes and procedures.
Acts of Nature:1/7/2021Subject:Date:
Shipping of equipment from factory will be approximately as follows:
Shade Canopies without engineer sealed drawings - lead time for the shade canopy to ship is 8-10 weeks
from when the order is placed with the manufacturer allow 1-2 weeks to install after shipping.
Project Completion:1/7/2021Subject:Date:
Each Party shall be excused from liability for the failure or delay in performance of any obligation under
this Agreement (other than failure to make payment when due) by reason of any event beyond such
Party’s reasonable control including but not limited to Acts of God, fire, flood, explosion, earthquake,
pandemic flu, or other natural forces, governmental orders or directives, war, civil unrest, acts of
terrorism, accident, destruction or other casualty, any lack or failure of transportation facilities, any lack
or failure of supply of raw materials, or any other event similar to those enumerated above. Such excuse
from liability shall be effective only to the extent and duration of the event(s) causing the failure or delay
in performance and provided that the Party has not caused such event(s) to occur. Notice of a Party’s
failure or delay in performance due to force majeure must be given to the other Party within (20) days
after its occurrence has become identified by the Party. All delivery dates under this Agreement that have
been affected by force majeure shall be tolled for the duration of such force majeure. In no event shall
any Party be required to prevent or settle any labor disturbance or dispute, or to act outside of
compliance with governmental orders or directives.
Force Majeure:1/7/2021Subject:Date:
97
Kraftsman
COMMERCIAL PLAYGROUNDS &
WATER PARKS
19535 Haude Road
Spring, TX 77388
Phone: (281) 353-9599 Fax: (281) 353-2265
Quote #Q68812
Page: 4
1/8/2021Date:
Project:
By:Kraftsman
16984
PO#:
WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY & FITNESS EQUIPMENT
CONDITIONS OF SALE
1. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an
extra charge over and above the contract.
2. No returns of merchandise will be accepted unless previously authorized in writing by Kraftsman. All returns are subject to restocking fee
of 25% plus freight charges incurred for return to original shipment origination.
3. Title for all equipment is reserved by Kraftsman Commercial Playgrounds and Water Parks until payment in full is received. The right to
enter the property and repossess said equipment is hereby granted to Kraftsman Commercial Playgrounds and Water Parks if payment is
not rendered in accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to
Kraftsman Commercial Playgrounds and Water Parks as cost incurred to recover the equipment. Repossession of product does not waive
any damages or costs due as awarded by the court.
4. All collections or litigation concerning this contract shall be governed by the laws of the State of Texas, with venue in Harris County.
5. Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and
workmanship. See catalogs or attached drawings for specific layouts, warranties, and specifications .
6. Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors.
7. A service charge of 1.5% per month will be assessed on all past due amounts.
8. Payments to Kraftsman by credit card will incur a processing fee of 4% for Visa and MasterCard, and 6% for American Express.
9. Installation services include all labor, equipment required to complete the job, and insurance coverage’s as required by law. Extra
installation charges will incur for abnormal sub surfaces, ie. rock, landfill, etc. Price quoted includes Kraftsman’s standard insurance
coverages of $2 million in General Liability & Completed operations, $1 million in Automobile Liability, $1 million per occurrence/$2 aggregate
in Workman’s Compensation. Any charges by Kraftsman’s insurance carrier or agents for adding General Contractor or Owner as additional
insured, waivers of subrogation, or changes to standard coverage shall be added to contract charges. No performance bond or labor and
material payment bonds shall be provided by Kraftsman, unless listed as individual line item in proposal.
10. Kraftsman Commercial Playgrounds and Water Parks is not liable for damages to underground utilities, and irrigations systems during
installation. It is the customers responsibility to locate all underground utilities.
11. Building permits required by local or state authorities & municipalities are not included and are the responsibility of the owner of the
property, unless specifically included as a line item in the proposal. If you want Kraftsman to handle required permitting please contact our
office and we will provide a quote if not included as a line item within this proposal.
12. This proposal may be withdrawn by Kraftsman if not accepted within thirty (30) days.
Thank You! We Appreciate Your Business!
Sold To:Kid’s Colony SplashParkShip To:
Respectfully Submitted: ______________________________________
Kraftsman
Acceptance of Proposal:
The prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as
specified. Payment will be made as outlined above. If contract is placed with an attorney for suit or collection through
probate, bankruptcy or other legal proceedings, customer agrees to pay all expenses and reasonable attorney fees
incurred. Any verbal instructions, agreements, or promises are not valid unless written as part of this contract.
Authorized Signature: _________________________________
Authorized Signature: _________________________________
Date of Acceptance: _________________________
January 8, 2021 Date:
Printed Name & Title : _________________________________
Printed Name & Title : _________________________________
The Colony, City of
General Terms and Conditions
Percentage Completed Draws MonthlyTerms:
98
1-28
Contract Documents
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the ____________day of _____________in the year 2020 by and
between the CITY OF THE COLONY, TEXAS, a municipal corporation (hereinafter called OWNER)
and (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
The scope of work consists of the construction of Water Odyssey Splash Pad Feature and
Control equipment enclosure area and roof, concrete walkways and flatwork, expansion of
the existing Classic Recreation Systems pavilion, earthwork, erosion control, site utilities,
electrical service, turf establishment, temporary irrigation, associated elements and any other
work deemed necessary by the City of The Colony.
All of the above shall be done in accordance with TxDOT and NCTCOG specifications with
the City of the Colony’s Addenda and as per instructions of the City of The Colony Park
Development Manager. All construction sequencing and barricading will be done according
to the City of The Colony Standards. The opinion of probable construction cost for the
overall project is $800,000.00.
The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
KIDS COLONY 2 – PHASE III – SPLASH PAD
City of The Colony
BUYBOARD #__________ KIDS COLONY 2 – PHASE III - SPLASH PAD
Article 2. ENGINEER.
The City of The Colony Parks and Recreation Department has designed the Project. The Bidding and
Contract Documents have been established by the City of The Colony Parks and Recreation Department.
Contract administration will be provided by the City of The Colony Parks and Recreation Department
who is hereinafter called ENGINEER and who is to act as OWNER’S representative, assume all duties
and responsibilities and have the rights and authority assigned to the ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract Documents.
99
1-29
Contract Documents
Article 3. CONTRACT TIME.
3.1. The Work will be completed within _______ calendar days, including ten (10) inclement
weather days, from the date when the Contract Time commences to run as provided in Item
103.6 of the General Provisions, and completed and ready for final payment in accordance with
Item 109.5.4 of the General Provisions.
BIDDER agrees that all work awarded will be completed within _______ calendar days, which
includes ten (10) inclement weather days, for this project. The Contractor will submit written
documentation to the Construction Inspector assigned by the City to document inclement
weather days. Additional inclement weather calendar days will be added to the contract only if
the ten (10) inclement weather days included in the bid have been approved. Contract time will
commence to run as provided in the Contract Documents.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents in current funds subject to additions and deductions by Change Orders as
provided in the contract documents in accordance with the lump sum base bid price listed in the
Proposal and Bid Schedule. The contract sum shall be the amount of $__________________.
The total tangible personal property cost included in the contract sum is $_________________.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Item 109.5 of the General
Provisions. Applications for Payment will be processed by ENGINEER as provided in the General
Provisions.
5.1. Progress Payments. OWNER shall make progress payments on account of the Contract
Price on the basis of CONTRACTOR's Applications for Payment as recommended by
ENGINEER, each month during construction as provided below. All progress payments will be
on the basis of the progress of the Work measured by the schedule of values established in Item
109.5.1 of the General Provisions (and in the case of Unit Price Work based on the number of
units completed) or, in the event there is no schedule of values, as provided in the General
Provisions.
5.1.1. Prior to Completion, Progress Payments will be made in an amount equal to the
percentage indicated in Item 109.5.2 of the General Provisions, but, in each case, less the
aggregate of payments previously made and less such amounts as ENGINEER shall determine,
or OWNER may withhold, in accordance with Item 109.4 of the General Provisions of the
NCTCOG Specifications.
100
1-30
Contract Documents
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item
109.5.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as
recommended by ENGINEER.
Article 6. INTEREST.
No interest shall ever be due on late payments.
Article 7. CONTRACTOR’S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface
conditions and drawings of physical conditions which are identified in the Supplementary
Conditions as provided in Item 102.3 of the General Provisions, and accepts the determination
set forth in Item SC-105.1.2 of the Supplementary Conditions of the extent of the technical data
contained in such reports and drawings upon which CONTRACTOR is entitled to rely.
7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining
and carefully studying) all such examinations, investigations, explorations, tests, reports, and
studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain
to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the
cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary
for the performance or furnishing of the Work at the Contract Price, within the Contract Time
and in accordance with the other terms and conditions of the Contract Documents, including
specifically the provisions of Item 102.3 of the General Provisions; and no additional
examinations, investigations, explorations, tests, reports, studies, or similar information or data
are or will be required by CONTRACTOR for such purposes.
7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on
the Contract Documents with respect to existing Underground Facilities at or contiguous to the
site and assumes responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies, or similar
information or data in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the
Contract time and in accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of Items 102.3, 103.1 and 104.1 of the General Provisions.
7.4. CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports, and studies with the terms and conditions of the
Contract Documents.
7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written resolution
thereof by ENGINEER is acceptable to CONTRACTOR.
101
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Contract Documents
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
8.1. This Agreement (pages 1-26 through 1-33, inclusive).
8.2. Exhibits to this Agreement (immediately following this Agreement, inclusive).
8.3. Certificate of Insurance (page 1-36).
8.4. Notice of Award.
8.5. Part 1: General Provisions of the Standard Specifications for Public Works Construction,
NCTCOG, fourth edition.
8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 1-44
through 1-56).
8.7.Certificate of Interested Parties (Form 1295) must be provided by the Selected
Contractor per the Texas Legislature adoption of House Bill 1295 which added
section 2252.908 of the Government Code. Selected Contractor must submit the
completed form prior to the City Council Meeting to award the project.
8.8. Specifications bearing the title: "PROJECT MANUAL - Proposal, Contract, Bond
Forms, and Specifications for:
KIDS COLONY 2 – PHASE III – SPLASH PAD
City of The Colony
BUYBOARD QUOTE #___________ KIDS COLONY 2 – PHASE III – SPLASH PAD
8.9. Addendum to the NCTCOG Standard Specifications for Public Works Construction
included in Appendix B.
8.10. Construction plans, one set consisting of sixty (60) sheets with title page.
102
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Contract Documents
8.11. The following listed and numbered addenda:
_____________________, ___________________,______________.
8.12. CONTRACTOR's Proposal, Bid Schedule, and Summary of Section 1 - Bidding and
Contract Documents (page 1-27 through 1-33).
8.13. Documentation submitted by CONTRACTOR prior to Notice of Award.
8.14. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying, or supplementing the Contract Documents pursuant to Items
104.2 and 109.3 of the General Provisions.
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly
noted otherwise above).
The Contract Documents may only be amended, modified, or supplemented as provided in Items 104.2
and 109.3 of the General Provisions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Item 101.1 of the General Provisions
will have the meanings indicated in the General Provisions.
9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the party sought to be
bound; and specifically but without limitation moneys that may become due and moneys that are
due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the Contract
Documents.
Article 10. OTHER PROVISIONS.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate.
One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions
of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by
ENGINEER on their behalf.
103
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Contract Documents
This Agreement will be effective on __________________________________, 2020.
OWNER: CONTRACTOR:
City of The Colony NAME
6800 Main Street ADDRESS
The Colony, TX 75056 CITY, STATE ZIP
BY: _____________________________ BY: __________________________________
TITLE: City Manager TITLE: _______________________________
ATTEST: _________________________ ATTEST: ______________________________
Address for giving notices:Address for giving notices:
City of the Colony NAME_________________________________
5151 North Colony Blvd.ADDRESS______________________________
The Colony, Texas 75056 CITY, STATE ZIP________________________
Attn: Eve Morgan, PLA Attn: NAME___________________________
Park Development Manager
(If OWNER is a public body, attach (If CONTRACTOR is a corporation, attach
evidence of authority to sign and evidence of authority to sign.)
resolution or other documents
authorizing execution of Agreement.)
104
Financial Summary:
Are budgeted funds available? ☒ Yes ☐ No Amount budgeted/available: $ 890,877.00
Cost of recommended bid/contract award for:
Base Proposal $ 799,853.75
Add-Alternate $ 25,129.37
TOTAL BASE & ADD-ALTERNATE PROPOSAL $ 824,983.12
Total estimated project cost:
$ 825,983.12 Total Cost: Base and Add-Alternate Proposal
$ 825,983.12 Total Estimated Costs
105
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - _______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
APPROVING THE TERMS AND CONDITIONS OF A STANDARD
FORM OF AGREEMENT BY AND BETWEEN THE CITY OF THE
COLONY AND KRAFTSMAN COMMERCIAL PLAYGROUNDS
AND WATERPARKS FOR THE DESIGN, SITE WORK,
PURCHASE AND INSTALLATION OF THE KIDS COLONY
SPLASH PARK PHASE 1 PROJECT; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best interest of the
citizens to execute a standard form of agreement with Kraftsman Commercial
Playgrounds & Waterparks for the design, site work, purchase and installation of the Kids
Colony Splash Park Phase 1, which is attached hereto and incorporated herein as
“Exhibit A”;and
WHEREAS,the City of The Colony agrees to pay the design and construction
cost for the overall project in the amount of $824,983.12 through the BuyBoard
Purchasing Cooperative with funding from the Community Development Corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The City Council of the City of The Colony authorizes the
execution of a standard form of agreement with Kraftsman Commercial Playgrounds and
Water Parks.
Section 2.The City Manager is authorized to execute a standard form of
agreement for said project, which is attached hereto and incorporated herein.
Section 3.This resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 2nd Day of February 2021.
______________________________
Joe McCourry, Mayor
City of The Colony, Texas
106
ATTEST:
___________________________________
Tina Stewart, TRMC,CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeff Moore, City Attorney
107
Agenda Item No:5.5
CITY COUNCIL Agenda Item Report
Meeting Date: February 2, 2021
Submitted by: Eve Morgan
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to execute a contract with Site
Source Inc. for the purchase and installation of the Pavilion Expansion of Kids Colony Splash Park Phase 1
project through the BuyBoard Purchasing Cooperative in the amount of $75,588.00 with funding from the
Community Development Corporation. (Morgan)
Suggested Action:
Attachments:
CC Agenda support Site Source Inc.pdf
Site Source Financial Summary.pdf
Kid's Colony Estimate 12-20.pdf
Kids Colony Pavilion expansion - Agreement 1-12-2021.pdf
Res. 2021-xxx Site Source - Splash Pad Pavillion Project.doc
108
City Council Agenda Item
Meeting Date: February 2, 2021
Parks and Recreation
TITLE
Consider approving a resolution authorizing the City Manager to execute a contract with Site Source Inc.
for the purchase and installation of the Pavilion Expansion, of Kids Colony Splash Park Phase 1 project
through the BuyBoard Purchasing Cooperative in the amount of $75,588.00 with funding from the
Community Development Corporation.
PURPOSE
Kids Colony Park master plan was developed in 2010 and included various themed playgrounds and a
large pavilion. The first phase of the playground renovation, opened in 2010, included a pavilion
approximately half the size originally proposed in the master plan. Funding to expand the pavilion was
approved but difficulties with procuring a contractor to perform the site work and installing the pavilion
separate from the purchase of the pavilion by the vendor proved to push the budget significantly
beyond the budget. Including the pavilion expansion as a component of the Splash Park project brings
an economy of scale to bring the project within budget.
Funding for this project was approved in the Community Development Corporation FY2014/2015
budget.
RECOMMENDATION
The Community Development Corporation approved this item at the January 14th CDC meeting and staff
recommends approval of a contract with Site Source Inc. in the amount of $75,588.00 for the Pavilion
Expansion with funding from the Community Development Corporation.
SUGGESTED MOTION
I move to approve a resolution authorizing the City Manager to execute a contract with Site Source Inc.
in the amount of $75,588.00 for the purchase and installation of a pavilion expansion through the
BuyBoard Purchasing Cooperative with funds from the Community Development Corporation.
109
Financial Summary:
Are budgeted funds available? ☒ Yes ☐ No Amount budgeted/available: $ 80,000.00
Cost of recommended bid/contract award for:
Proposal $ 75,588.00
TOTAL PROPOSAL $ 75,588.00
Total estimated project cost:
$ 75,588.00 Total Base Proposal
$ 75,588.00 Total Estimated Costs
110
111
1-1
Contract Documents
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the ____________day of _____________in the year 2020 by and
between the CITY OF THE COLONY, TEXAS, a municipal corporation (hereinafter called OWNER)
and SITE SOURCE INC. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work
is generally described as follows:
The scope of work consists of the furnishing and installing an extension to the existing pavilion
at Kids Colony Park, associated elements and any other work deemed necessary by the City of
The Colony.
Contractor shall operate under Buyboard Cooperative Purchasing Agreement. Parks and
Recreation & Field Lighting Products and Installation; SITE SOURCE INC. All of the above
shall be done in accordance with TxDOT and NCTCOG specifications . All construction
sequencing and barricading will be done according to the City of The Colony Standards. The
opinion of probable construction cost for the overall project is $75,588.00.
The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
KIDS COLONY PAVILION EXPANSION
City of The Colony
BUYBOARD #__________ KIDS COLONY PAVILION EXPANSION
Article 2. ENGINEER.
The City of The Colony Parks and Recreation Department has designed the Project. The Bidding and
Contract Documents have been established by the City of The Colony Parks and Recreation Department.
Contract administration will be provided by the City of The Colony Parks and Recreation Department
who is hereinafter called ENGINEER and who is to act as OWNER’S representative, assume all duties
and responsibilities and have the rights and authority assigned to the ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract Documents.
112
1-2
Contract Documents
Article 3. CONTRACT TIME.
3.1. The Work will be completed within _______ calendar days, including ten (10) inclement
weather days, from the date when the Contract Time commences to run as provided in Item 103.6
of the General Provisions, and completed and ready for final payment in accordance with Item
109.5.4 of the General Provisions.
BIDDER agrees that all work awarded will be completed within _______ calendar days, which
includes ten (10) inclement weather days, for this project. The Contractor will submit written
documentation to the Construction Inspector assigned by the City to document inclement weather
days. Additional inclement weather calendar days will be added to the contract only if the ten (10)
inclement weather days included in the bid have been approved. Contract time will commence to
run as provided in the Contract Documents.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents in current funds subject to additions and deductions by Change Orders as
provided in the contract documents in accordance with the lump sum base bid price listed in the
Proposal and Bid Schedule. The contract sum shall be the amount of $75,588.00. The total
tangible personal property cost included in the contract sum is $53,935.00.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Item 109.5 of the General
Provisions. Applications for Payment will be processed by ENGINEER as provided in the General
Provisions.
5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price
on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER,
each month during construction as provided below. All progress payments will be on the basis of
the progress of the Work measured by the schedule of values established in Item 109.5.1 of the
General Provisions (and in the case of Unit Price Work based on the number of units completed)
or, in the event there is no schedule of values, as provided in the General Provisions.
5.1.1. Prior to Completion, Progress Payments will be made in an amount equal to the percentage
indicated in Item 109.5.2 of the General Provisions, but, in each case, less the aggregate of
payments previously made and less such amounts as ENGINEER shall determine, or OWNER
may withhold, in accordance with Item 109.4 of the General Provisions of the NCTCOG
Specifications.
113
1-3
Contract Documents
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item
109.5.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as
recommended by ENGINEER.
Article 6. INTEREST.
No interest shall ever be due on late payments.
Article 7. CONTRACTOR’S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface
conditions and drawings of physical conditions which are identified in the Supplementary
Conditions as provided in Item 102.3 of the General Provisions, and accepts the determination set
forth in Item SC-105.1.2 of the Supplementary Conditions of the extent of the technical data
contained in such reports and drawings upon which CONTRACTOR is entitled to rely.
7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining
and carefully studying) all such examinations, investigations, explorations, tests, reports, and
studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to
the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost,
progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the
performance or furnishing of the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents, including specifically
the provisions of Item 102.3 of the General Provisions; and no additional examinations,
investigations, explorations, tests, reports, studies, or similar information or data are or will be
required by CONTRACTOR for such purposes.
7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on
the Contract Documents with respect to existing Underground Facilities at or contiguous to the
site and assumes responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies, or similar information
or data in respect of said Underground Facilities are or will be required by CONTRACTOR in
order to perform and furnish the Work at the Contract Price, within the Contract time and in
accordance with the other terms and conditions of the Contract Documents, including specifically
the provisions of Items 102.3, 103.1 and 104.1 of the General Provisions.
7.4. CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports, and studies with the terms and conditions of the
Contract Documents.
7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies
that he has discovered in the Contract Documents and the written resolution thereof by
ENGINEER is acceptable to CONTRACTOR.
114
1-4
Contract Documents
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
8.1. This Agreement (pages 1-1 through 1-6, inclusive).
8.2. Exhibits to this Agreement (immediately following this Agreement, inclusive).
8.3. Certificate of Insurance.
8.4. Notice of Award.
8.5. Part 1: General Provisions of the Standard Specifications for Public Works Construction,
NCTCOG, fourth edition.
8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions.
8.7. Certificate of Interested Parties (Form 1295) must be provided by the Selected
Contractor per the Texas Legislature adoption of House Bill 1295 which added
section 2252.908 of the Government Code. Selected Contractor must submit the
completed form prior to the City Council Meeting to award the project.
8.8. Specifications bearing the title: "PROJECT MANUAL - Proposal, Contract, Bond
Forms, and Specifications for:
KIDS COLONY PAVILION EXPANSION
City of The Colony
BUYBOARD QUOTE #___________ KIDS COLONY PAVILION EXPANSION
8.9. N/A: Addendum to the NCTCOG Standard Specifications for Public Works Construction
included in Appendix B.
8.10. Installation plans, one set with title page.
115
1-5
Contract Documents
8.11. The following listed and numbered addenda:
____________________, __________________,______________.
8.12. CONTRACTOR's Proposal, Bid Schedule, and Summary of Section 1 - Bidding and
Contract Documents.
8.13. Documentation submitted by CONTRACTOR prior to Notice of Award.
8.14. The following which may be delivered or issued after the Effective Date of the Agreement
and are not attached hereto: All Written Amendments and other documents amending,
modifying, or supplementing the Contract Documents pursuant to Items 104.2 and 109.3
of the General Provisions.
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly
noted otherwise above).
The Contract Documents may only be amended, modified, or supplemented as provided in Items 104.2
and 109.3 of the General Provisions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Item 101.1 of the General Provisions will
have the meanings indicated in the General Provisions.
9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the party sought to be bound;
and specifically but without limitation moneys that may become due and moneys that are due may
not be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an
assignment no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal representatives
in respect of all covenants, agreements and obligations contained in the Contract Documents.
Article 10. OTHER PROVISIONS.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER
on their behalf.
116
1-6
Contract Documents
This Agreement will be effective on __________________________________, 2020.
OWNER: CONTRACTOR:
City of The Colony NAME
6800 Main Street ADDRESS
The Colony, TX 75056 CITY, STATE ZIP
BY: _____________________________ BY: __________________________________
TITLE: City Manager TITLE: _______________________________
ATTEST: _________________________ ATTEST: ______________________________
Address for giving notices: Address for giving notices:
City of the Colony NAME_________________________________
5151 North Colony Blvd. ADDRESS______________________________
The Colony, Texas 75056 CITY, STATE ZIP________________________
Attn: Eve Morgan, PLA Attn: NAME___________________________
Park Development Manager
(If OWNER is a public body, attach (If CONTRACTOR is a corporation, attach
evidence of authority to sign and evidence of authority to sign.)
resolution or other documents
authorizing execution of Agreement.)
117
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - _______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
APPROVING THE TERMS AND CONDITIONS OF A STANDARD
FORM OF AGREEMENT BY AND BETWEEN THE CITY OF THE
COLONY AND SITE SOURCE INC. FOR THE PURCHASE AND
INSTALLATION OF THE PAVILION EXPANSION OF KIDS
COLONY SPLASH PARK PHASE 1 PROJECT; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best interest of the
citizens to execute a standard form of agreement with Site Source, Inc. for the purchase
and installation of the Pavilion Expansion of Kids Colony Splash Park Phase 1, which is
attached hereto and incorporated herein as “Exhibit A”;and
WHEREAS,the City of The Colony agrees to pay the construction cost for the
overall project in the amount of $75,588.00 through the BuyBoard Purchasing
Cooperative with funding from the Community Development Corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The City Council of the City of The Colony authorizes the
execution of a standard form of agreement with Site Source, Inc.
Section 2.The City Manager is authorized to execute a standard form of
agreement for said project, which is attached hereto and incorporated herein.
Section 3.This resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 2nd Day of February 2021.
______________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
118
APPROVED AS TO FORM:
___________________________________
Jeff Moore, City Attorney
119
Agenda Item No:5.6
CITY COUNCIL Agenda Item Report
Meeting Date: February 2, 2021
Submitted by: Mayra Sullivan
Submitting Department: Animal Control
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to award a bid from Fast General
Contracting in the amount of $194,655.48 for civil improvements and construction of an engineered building.
(Perez)
Suggested Action:
Item narrative: Approval and awarding of this bid/funding is for the Animal Services Office Building expansion
project that was budgeted in the 20/21 budget. This is for phase one of the project which includes civil site
work, pouring of the foundation and trash dumpster pad, as well as construction of the exterior/shell of the
building.
Phase two of the project comprises the interior finish out of the building and facilities staff will serve as the
general contractor for this phase as has been done in other smaller city facility projects. By doing so, there will
be a considerable cost savings as the finish it out is relatively simple. Plans are under way now to be ready to
move forward with phase two once phase one is to a point that work can begin on the interior.
Attachments:
LT 2021-01-27-Fast General Contracting
Tabulation Packet for bid 65-21-07 Animal Control Building
Res. 2021-xxx Animal Shelter -Fast General Contracting Bid Acceptance.doc
120
4000 Fossil Creek Boulevard
Fort Worth, Texas 76182
(817) 847-1422
Fax (817) 232-9784
January 27, 2021
AVO 42186.001
Mr. Brian Blythe
Facility Manager
City of The Colony
6800 Main Street
The Colony, Texas 75056
Re: Animal Control Building Bid # 65-21-07_Animal Control Building
Dear Mr. Blythe:
Bids were opened on the above-referenced project on Wednesday, January 6, 2021 at the City of
The Colony. Seven (7) bids were received, and they ranged from a high bid of $337,400.00 to a
low bid of $194,655.48. Fast General Contracting was the low bidder. We have contacted I&H
Investments, Core Integrative Health, and Tan Enterprise Bradenton Inc., to verify their
qualifications.
We spoke with Mr. Issam Bou-Hamdan of I&H Investments regarding Fast General
Contracting the construction of warehouses, a laundromat, and office
buildings. Mr. Bou-Hamdan stated that he was extremely satisfied with their work and has used
them on multiple projects because of the high quality of their workmanship. Mr. Bou-Hamdan
stated that their utility work was up to standard, and that they are more than qualified to do
pavement installation and repair. Mr. Bou-Hamdan said that any issues were addressed right
away. They met their deadlines and did not cause any change orders.
We spoke with Dr. Karl Jawhari of Core Integrative Health regarding Fast General Contracting
performance on a complete gut and renovation of a 5,500 square foot clinic in Farmers Branch,
TX. Dr. Jawhari stated that they did great a great job and described their workmanship as
. They completed the project on time and under budget. Dr. Jawhari plans on using
them again for future projects.
Finally, we spoke with Ms. Phuong Nguyen of Tan Enterprise Bradenton Inc. regarding Fast
General Contracting remodel of a shopping center in Arlington, TX. Ms.
Nguyen was satisfied with their work and stated that they were on-time and professional. She
said they came when needed, and completed the work as described, with no surprises or
problems.
Section 252.043 in the Local Government Code states if competitive sealed bids are received, the
contract must be awarded to the lowest responsible bidder or to the bidder who provides goods or
121
Mr. Brian Blythe
January 27, 2021
Page 2
services at the best value for the municipality. After considering the purchase price and reputation
of the bidders, Halff Associates has determined that Fast General Contracting is the lowest
responsible bidder.
Please call me at (817) 764-7467 if you have any questions or comments.
Sincerely,
HALFF ASSOCIATES, INC.
Leigh A. Hollis, P.E.
Attachment
122
Fast General Contracting
Bid Contact Alisa Sakal
alisa@fastcc.com
Ph 817-988-0887
Address 5587 Davis Blvd
Suite 500
North Richland Hills, TX 76180
Item # Line Item Notes Unit Price Qty/Unit Total Price Attch. Docs
bid 65-21-07_Animal Control Building-01-01 TOTAL PROJECT
(SECTIONS I AND
II: SECTION I -
CIVIL
IMPROVEMENTS
Supplier
Product
Code:
First Offer - $114,055.48 1 / lump sum $114,055.48 Y Y
bid 65-21-07_Animal Control Building-01-02 TOTAL PROJECT
(SECTIONS I AND
II: SECTION II -
ENGINEERED
BUILDING
Supplier
Product
Code:
First Offer - $80,600.00 1 / lump sum $80,600.00 Y
Lot Total $194,655.48
Supplier Total $194,655.48
bid 65-21-07_Animal
Control Building
City of The Colony
BidSync1/6/2021 p. 5123
Fast General Contracting
Item: TOTAL PROJECT (SECTIONS I AND II:SECTION I - CIVIL IMPROVEMENTS
Attachments
Notary Bid Affidavit City of The Colony Animal Control Building.pdf
Bid Bond.pdf
Client Work History.pdf
bid 65-21-07_Animal
Control Building
City of The Colony
BidSync1/6/2021 p. 6124
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - _______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
ACCEPTING A BID FROM FAST GENERAL CONTRACTING
FOR CIVIL IMPROVEMENTS AND CONSTRUCTION OF AN
ENGINEERED BUILDING CONTAINED WITHIN THE ANIMAL
CONTROL BUILDING; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,The City Council finds it the best interest of the City to accept Bid
No. 65-21-07 to Fast General Contracting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS, THAT:
Section 1.That the City Council of the City of The Colony, Texas hereby
authorizes the City Manager to accept a bid from FAST GENERAL CONTRACTING in
the amount of $194,655.48 for civil improvements and construction of an engineered
building contained within the animal control-building.
Section 2.The City Manager or his designee is authorized to accept the bid,
issue appropriate purchase order(s) in accordance with the bid awarded and is hereby
authorized to execute an agreement on behalf of the City of The Colony, Texas.
Section 3.This resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 2nd day of February 2021.
______________________________
Joe McCourry, Mayor
ATTEST:
___________________________________
Tina Stewart, TRMC,CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeff Moore, City Attorney
125