HomeMy WebLinkAbout2023 0321Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: March 21, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Recognition
Agenda Section:
Subject:
Recognition as a 2022 Tree City USA (Mayor)
Suggested Action:
Attachments:
1552_001.pdf
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Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: March 21, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
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Agenda Item No:1.7
CITY COUNCIL Agenda Item Report
Meeting Date: March 21, 2023
Submitted by: Kimberly Thompson
Submitting Department: Library
Item Type: Presentation
Agenda Section:
Subject:
Receive presentation from the Library regarding upcoming events and activities. (Charters)
Suggested Action:
Attachments:
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Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: March 21, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
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Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: March 21, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes from March 7, 2023. (Stewart)
Suggested Action:
Attachments:
March 7, 2023 DRAFT Minutes.docx
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1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information
regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming
events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action
will be taken and no direction will be given regarding these items.
MINUTES OF THE CITY COUNCIL REGULAR SESSION
HELD ON
MARCH 7, 2023
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:33 p.m. on the 7
th day of March 2023, at City Hall, 6800 Main Street, The Colony, Texas,
with the following roll call:
Richard Boyer, Mayor
Judy Ensweiler, Councilmember
Robyn Holtz, Councilmember
Brian Wade, Mayor Pro Tem
David Terre, Councilmember
Perry Schrag, Deputy Mayor Pro Tem
Joel Marks, Councilmember
Present
Present
Present
Present
Absent (Personal)
Present
Present
And with 6 councilmembers present a quorum was established and the following items were
addressed:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS
1.1 Call to Order
Mayor Boyer called the meeting to order at 6:33 p.m.
1.2 Invocation
Father Joy Joseph with Holy Cross Catholic delivered the invocation.
1.3 Pledge of Allegiance to the United States Flag
The Pledge of Allegiance to the United States Flag was recited.
1.4 Salute to the Texas Flag
Salute to the Texas Flag was recited.
1.5 Items of Community Interest
1.5.1 Receive presentation from Parks and Recreation regarding upcoming events and
activities.
Special Events Supervisor, Lindsey Stansell, provided upcoming events and
activities to the Council.
2.0 CITIZEN INPUT
Kolton Krottinger, 10 O’Hare Circle, expressed appreciation for The Colony being
recognized as a “Purple Heart City.” He suggested posting ten Purple Heart signs
throughout the community.
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City Council – Regular Meeting Agenda
March 7, 2023
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3.0 WORK SESSION
3.1 Short-term rental update and discussion.
Deputy City Manager, Joe Perez, provided an update on the item.
City Attorney Jeff Moore presented House Bill 2665; proposed to prohibit cities
and/or counties from adopting laws that will effectively prohibit properties as
short-term rentals.
Council provided further discussion on this item.
3.2 Council to provide direction to staff regarding future agenda items.
None.
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda- Ensweiler; second by Holtz, motion
carried with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes from February
21, 2023.
4.2 Consider approving Council expenditures for January 2023.
4.3 Consider approving a resolution authorizing the City Manager to execute an
Encroachment License Agreement with The Tribute Owners Association, Inc., a
Texas Non-Profit Corporation, for The Tribute Temporary Event Subdivision Sign
located within the Lebanon Road Right-of-Way [Lebanon Road and Bankside].
RESOLUTION NO. 2023-020
5.0 REGULAR AGENDA ITEMS
5.1 Conduct a public hearing, discuss and consider an ordinance regarding amendments
to Planned Development -18 (PD-18) aka The Tribute, by modifying Exhibit C
“Standards Regulations and Conditions,” by updating Section II, to establish the
development standards for “The Tribute Hotel Resort,” a 6—story, 163 guest room
hotel, with restaurant, and event space. The subject site contains approximately 7.7
acres and is located southeast of the intersection of Bridge Lane and Lebanon Road
within the Tribute Community.
***ITEM PULLED FROM THE AGENDA WITH NO DISCUSSION***
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City Council – Regular Meeting Agenda
March 7, 2023
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5.2 Conduct a public hearing, discuss, and consider an ordinance regarding
amendments to the Comprehensive Zoning Ordinance amending Appendix A,
Section 17A by amending Subsection 17A-1100 entitled “Recommended plant
list”; and amending Section 10A by amending Subsection 10A-800 entitled “Texas
SmartScape® Plant List.”
The public hearing was opened at 7:10 p.m. with no speakers.
Motion to continue public hearing and action to March 21, 2023- Wade; second by
Ensweiler, motion carried with all ayes.
5.3 Discuss and consider the Site Plan application of “Firestone Complete Auto Care,”
an approximately 4,062 square-foot Auto repair garage (inside) use within 4R,
Block 6 of Garza-Little Elm Lake Estates. The subject site contains approximately
.5895 acres, and is located northwest of the intersection of West Lake Highlands
Drive and Main Street (423) within the General Retail (GR) zoning district and the
Gateway Overlay District.
Director of Planning, Isaac Williams, gave an overview of this item.
Representative, Shawn Zafarpour, answered questions from the Council.
Motion to approve – Holtz; second by Wade, motion carried with all ayes.
ORDINANCE NO. 2023-2505
Executive Session was convened at 7:25 p.m.
6.0 EXECUTIVE SESSION
6.1 A. Council shall convene into a closed executive session pursuant to Sections
551.072 and 551.087 of the Texas Government Code to deliberate regarding
purchase, exchange, lease or value of real property and commercial or financial
information the city has received from a business prospect(s), and to deliberate the
offer of a financial or other incentive to a business prospect(s).
Regular Session was reconvened at 8:08 p.m.
7.0 EXECUTIVE SESSION ACTION
7.1 A. Any action as a result of executive session regarding purchase, exchange, lease
or value of real property and commercial or financial information the city has
received from a business prospect(s), and the offer of a financial or other incentive
to a business prospect(s)
No Action
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 8:08 p.m.
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City Council – Regular Meeting Agenda
March 7, 2023
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APPROVED:
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
_____________________________________
Tina Stewart, TRMC, CMC, City Secretary
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Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: March 21, 2023
Submitted by: Calvin Lehmann
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Professional Services Agreement
with Kimley-Horn And Associates, Inc. for design services to replace and relocate the existing playground at Bill
Allen Memorial Park in the amount of $68,800 to be funded by Community Development Corporation.
(Lehmann)
Suggested Action:
Attachments:
2023-02-28_Bill Allen Park-KH Rev proposal.pdf
Res. 2023-xxx Bill Allen Memorial Park.doc
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kimley-horn.com 6160 Warren Parkway, Suite 210 Frisco, TX 75034 972.335.3580
February 28, 2023
Mr. Calvin Lehmann
Park Development Manager
5151 N Colony Blvd
The Colony, TX 75056
Re: Agreement for Landscape Architecture Services
Bill Allen Memorial Park – Playground Replacement
The Colony, TX
Dear Mr. Lehmann:
Kimley-Horn and Associates, Inc. (“KH” or the “Consultant”), is pleased to submit this letter agreement
(the “Agreement”) to the City of The Colony (“the Client”) for certain professional services. This
agreement may be signed in the section entitled “AUTHORIZATION”.
PROJECT UNDERSTANDING
Bill Allen Memorial Park is an existing park located along Carroll Drive. The client has requested
landscape architecture services for the park.
This Agreement is to prepare Schematic Design Plans and Construction Drawings for park
improvements to be designed at Bill Allen Memorial Park within the limits of Exhibit A. Park
improvements will include a new playground and amenities.
A table summarizing our proposed scope of services, by task, is provided below. The table includes
projected fees and fee type. Only tasks with accompanying fees are included in our proposed scope
of services. The tasks are organized in the order they are typically performed. Detailed descriptions
of each task are provided later in this agreement, as are the notes and assumptions upon which our
scope and fee are based.
EXHIBIT A – EXISTING PARK PLAN
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TASK AND FEE SUMMARY
Landscape Architecture Services
Task 101 Schematic Design $10,000 (LS)
Task 102 Landscape Construction Documents $12,500(LS)
Task 103 Meetings and Project Coordination $10,000 (HR)
Subtotal $32,500
Surveying Services
Task 201 Topographical Survey (Partial Site) $5,300 (LS)
Task 202 Structural Engineering $2,500 (LS)
Subtotal $7,800
Construction Phase Services
Task 301 Bidding Assistance (Landscape) $8,500(HR)
Task 302 Construction Phase Administration (Landscape) $6,000 (HR)
Task 303 Construction Meetings and Site Visits (Landscape) $6,000 (HR)
Subtotal $20,500
Total $60,800
Subconsultant Allowances
Task 401 Geotechnical Report (Alpha) $5,500 (LS)
Task 402 Accessibility Review (Fred Cawyer) $2,500 (LS)
Total $8,000
Grand Total $68,800
Fee Types:
LS = Lump Sum Fee
HR = Hourly Fee Budget Estimate. Actual fee depends on effort expended.
Expenses:
All other reimbursable expenses will be invoiced at cost plus a markup of 15.00%
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TASK DESCRIPTIONS
LANDSCAPE ARCHITECTURAL SERVICES
Task 101 Schematic Design Plans
Kimley-Horn and the Client will identify the scope of the improvements. Based on information received
from the Client, Kimley-Horn will develop a set of Preliminary Schematic Plans of proposed features
illustrating the general scope, scale, and relationship of design components and submit them to the
Client for review.
The elements to be illustrated in the Preliminary Schematic Plan are expected to be limited to:
· Playground design and relocation
· Enhanced hardscape
· Enhanced landscape plantings
· Amenity features such as raised planters, seating areas, etc.
· Site Furnishings such as benches, planters, waste receptacles within the project site (to be
coordinated with City)
As a part of this task, Kimley Horn will attend up to two (2) client review meetings to review the
preliminary schematic design set. Based on input received during the initial design review meeting,
Kimley-Horn will update the preliminary schematic plans and send that set to the Client. It is understood
that the City will use this set of plans to review with the Community Development Corporation Board.
The Client will then provide simultaneous comments from the City and Community Development
Corporation Board to be incorporated into the final schematic design plans. At this time, Kimley-Horn
will attend one (1) additional meeting with the client to present one (1) final schematic design package.
Upon approval of the final schematic design plan, that plan will be used as a basis for preparing the
Landscape Architecture Construction Documents.
Kimley Horn will revise the Opinion of Probable Construction Cost one (1) time to incorporate the design
changes in this task for Client review. Because the Consultant does not control the cost of labor,
materials, equipment or services furnished by others, methods of determining prices, or competitive
bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions
as to the costs of construction and materials, shall be made on the basis of its experience and represent
its judgment as an experienced and qualified professional, familiar with the industry. The Consultant
cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of
cost.
If additional changes are required beyond the final round of comments that require changes to the plans
prior to commencement of the next task, this effort will be considered an additional service and will be
billed in accordance with our then current hourly rate schedule.
Task 102 Landscape Construction Documents
Upon Client approval of the final Schematic Design Plans, Kimley-Horn will prepare Landscape
Construction Plans based on the information prepared in the tasks above. Plans will be broken into two
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(2) separate sets of plans in this task, a 75% set and the Issue For Construction (IFC) set of
Construction Documents.
It is anticipated that the following sheets will comprise the Landscape Architecture Construction
Documents:
A. Cover
B. Materials Legend / General Notes
C. Demolition Plans
Showing existing conditions that will be removed from site prior to construction of proposed
amenities.
D. Hardscape Plans and Layout Plans
Kimley-Horn will prepare Hardscape Plans showing site related hardscape materials and
specifications, as well as dimensional control and layout for proposed site amenities.
E. Detailed Grading / Drainage Plans
The grading plan will show proposed spot elevations and contours. Proposed landscape
drains will be shown with rim elevations and tie-ins to civil storm sewer plans. Retaining walls
needed to accomplish the grading will be shown with proposed top and toe elevations in a
“wall zone”. As part of this task the selection of the wall system and the structural design of
the walls will be provided.
Kimley-Horn will prepare plans showing grading and dimensional layout of the elements in
the plan set. This plan will include spot elevations and detail callouts.
F. Planting Plans
Kimley-Horn will prepare Planting Plans for the site showing plant species, sizes, and location
and associated details for canopy trees, ornamental trees, shrubs and groundcover, and turf.
G. Details
As a part of this Design Development set of plans, Kimley-Horn will prepare detail sheets
showing hardscape elements included in the Final Schematic Design package. This includes
detail plans, sections, and elevations. Required submittals, shop drawings, samples, cut
sheets and mockups will be listed for approval by Landscape Architect.
Any fountain/ water feature and/or pool is expected to be Design Build, so any information
included will represent design intent only and final structural and MEP design will be the
responsibility of others.
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H. Specifications
Kimley-Horn will prepare specification sections in construction specifications institute (CSI)
format for each area of scope pertaining to the landscape architectural plans.
Effort for this task includes plan preparation and work to address one (1) round of ordinary and
reasonable comments from the Client for each of the two (2) submittal sets listed above. These
comments following each submittal will be used to complete the following submittal set. This task does
not include revisions necessitated by site layout changes directed by the Client, or their representatives.
This task includes the following submittals:
- 75% Construction Document plan set (B&W) in digital (PDF) format and up to two (2) full size
24x36 printed copies.
- 100% Construction Document plan set (B&W) in digital (PDF) format and up to five (5) full size
24x36 printed copies and up to two (2) half-size 12x18 printed copies.
- Project manual with technical specifications in digital (PDF) format and up to two (2) printed
copies included with 100% set
- Opinion of Probable Construction Cost (OPCC) to assist City with budget planning
If additional changes are required, beyond the final round of comments, that require changes to the
plans prior to commencement of the next task, this effort will be considered an additional service and
will be billed in accordance with our then current hourly rate schedule.
Task 103 Meetings and Project Coordination (During Design)
Kimley-Horn can be available to attend design team meetings, City meetings, Community Development
Corporation Board meetings, and/or conference calls, coordination with project sub-consultants, and
other project related meetings not listed in previous task items. This task includes up to forty (40) hours
of Kimley-Horn meeting effort. Should additional meetings or coordination be required, this effort will
be billed on an hourly basis in addition to the amount provided above at the then current hourly rate
schedule.
SURVEYING & ENGINEERING SERVICES
Task 201 Limited Topographic Survey
KH will prepare a Limited Topographic Survey of a portion of Bill Allen Park, being approximately 48.4
acre tract of land, situated in the L.B. White Survey, Abstract No. 1395 and the R.D. Hardin Survey,
Abstract No. 611, City of The Colony, Denton County, Texas, and shown on the attached exhibit. This
survey will be based on a nominal 50’ grid system, including grade breaks, the abutting top of curb of
Carroll Drive, on-site utilities, including flow lines of accessible utilities, DigTESS markings, and
locations of trees 6 inches and larger. Kimley-Horn will prepare an electronic map showing existing
contour lines at 1’ intervals and existing visible on-site improvements. The information will be tied to
existing control points and City of The Colony benchmark system.
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Task 202 Structural Engineering
Consultant will design and provide structural engineering design services for the structure and
foundation of retaining walls up to 300 lf in length. Structural Engineering will be based on geotechnical
recommendations, to be provided as part of Task 401. This task excludes structural engineering for
the handrails, vehicular barriers, playground, and other scope not defined at this time.
CONSTRUCTION PHASE SERVICES
Task 301 Bidding Assistance (Landscape)
Kimley-Horn will provide Bidding Phase Services as requested by the Client for the Landscape,
Hardscape and Park Amenities portion of the Project. It is understood that bidding of the construction
drawings will be considered to be bid as one complete package. The set will include the following
sections:
Bid Package #1 – Section 22 (Landscape, Hardscape & Park Amenities)
This task will consist of preparing the items below one (1) time for one (1) bid package for the public
bidding process:
1. Prepare bid documents.
2. Perform quantity take-offs and prepare Bid Form.
3. Coordinate bid letting date, time, and place with Client and prepare final invitation to Bid.
4. Assist and advise Client in placing the advertisement of the Invitation to Bid.
5. Identify potential bidders acceptable to the Client and distribute copies of Invitation to Bid.
6. Attend the Pre-Bid meeting at time established by the Client.
7. Prepare and issue addenda to the construction contract documents when required.
8. Assist Client during bid opening, making preliminary tabulation of bids, and review
questionnaires and bids for completeness.
9. Review the questionnaire to determine the acceptability of materials and equipment submitted
by the apparent successful bidder when the review is required by the bidding documents
subsequent to bid opening and prior to award of contract. Make recommendation to the Client.
10. Prepare and distribute formal bid tabulation sheets, evaluate bids and make written
recommendations to Client concerning contract award.
11. Incorporate all addenda items into a revised plan and specifications set. Addendum items shall
be incorporated electronically and shall be indicated by clouding information and noting
numerically according to which number addendum the information pertains. Documents will
also be provided in PDF format.
The budget value for this task includes up to thirty (30) hours of Kimley-Horn effort, but the Client will
be billed on actual effort performed. If there is additional bidding and/or review effort directed by the
Client, or their representatives, that effort will be considered an additional service and will be billed on
an hourly basis according to the current Kimley-Horn rate schedule.
Task 302 Limited Construction Phase Services (Landscape)
Consultant will provide limited construction phase services for the landscape architecture portions of
the project, as directed by the City. The scope of services listed below will be provided as part of the
construction phase services. The budgeted fees for this task are based upon approximately twenty
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(20) hours of effort. Any additional effort beyond the specified amount will be billed to the City hourly,
according to the current Consultant rates, as authorized by the City or its representatives. Site Visits
and Construction meetings will be included in Task 303. Consultant can provide the following
construction phase services:
Request for Information (RFI): Consultant will respond to Contractor requests for information and issue
clarifications and interpretations of the Contract Documents to City within this fee. Any authorization of
variations from the Contract Documents will be made by City. Additional RFI requests will be
considered additional services.
Submittals and Shop Drawing Review: Consultant will review material submittals and material cut
sheets Shop Drawings, Samples and other data which Contractor is required to submit, but only for
conformance with the information given in the Contract Documents.
Change Orders: Consultant may recommend Change Orders to City and will review and make
recommendations related to Change Orders submitted or proposed by the Contractor.
Substitutes and "or-equal": Evaluate and determine the acceptability of substitute or "or-equal"
materials and equipment proposed by Contractor in accordance with the Contract Documents, but
subject to the provisions of applicable standards of state or local government entities.
Disagreements between City and Contractor: Consultant will, if requested by City, render written
decision on claims of City and Contractor relating to the acceptability of Contractor's work or the
interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor's
work. In rendering such decisions, Consultant shall be fair and not show partiality to City or Contractor
and shall not be liable in connection with any decision rendered in good faith in such capacity.
Applications for Payment: Based on its observations and on review of applications for payment and
accompanying supporting documentation, Consultant will determine the amounts that Consultant
recommends Contractor be paid. Such recommendations of payment will be in writing and will
constitute Consultant’s representation to City, based on such observations and review, that, to the best
of Consultant’s knowledge, information and belief, Contractor’s work has progressed to the point
indicated and that such work-in-progress is generally in accordance with the Contract Documents
subject to any qualifications stated in the recommendation.
By recommending any payment, Consultant shall not thereby be deemed to have represented that its
observations to check Contractor's work have been exhaustive, extended to every aspect of
Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities
specifically assigned to Consultant in this Agreement. It will also not impose responsibility on
Consultant to make any examination to ascertain how or for what purposes Contractor has used the
moneys paid on account of the Contract Price, nor to determine that title to any portion of the work in
progress, materials, or equipment has passed to City free and clear of any liens, claims, security
interests, or encumbrances, nor that there may not be other matters at issue between City and
Contractor that might affect the amount that should be paid.
Limitation of Responsibilities: Consultant shall not be responsible for the acts or omissions of any
Contractor, or of any of its subcontractors, suppliers, or of any other individual or entity performing or
furnishing the Work. Consultant shall not have the authority or responsibility to stop the work of any
Contractor. Consultant is not responsible for any duties assigned to the design professional in any
construction contract that are not expressly provided for in this Agreement.
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Task 303 Construction Meetings and Site Visits (Landscape)
Construction Meetings: Consultant will prepare for and attend meetings, conference calls, site visits,
and/or coordination efforts as requested by the City and General Contractor during the construction
phase of the project, to the amount budgeted for in this Agreement. This task includes presentations
and coordination meetings, as well as meetings on and offsite with City staff and critical stakeholders
during the Construction phase. Construction meetings will be scheduled and managed by the general
contractor.
Site Visits: Consultant will visit the site to observe construction of improvements designed by
Consultant. Visits will be periodic, and observations will not be exhaustive or extend to every aspect of
Contractor's work in progress. Consultant shall not, during such visits or as a result of such observations
supervise, direct, control, influence, or have responsibility over Contractor's work. Consultant neither
guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure
to furnish and perform its work in accordance with the Contract Documents or permits. Consultant will
produce Field Reports of observations for distribution to City for project record.
The Consultant will attend meetings and/or field visits during construction as needed, not to exceed
eight (8) construction meetings or field visits by Consultant staff. This task will also include two (2)
punch list visits at the end of construction. Additional site visits and meetings beyond those described
and budgeted for in this task will be considered an additional service. The extent of the effort required
for meetings and site visits in this task is unknown, and fees for this task will be billed hourly.
SUBCONSULTANTS
Consultant is retaining Subconsultant to provide the services described herein solely for the
administrative convenience of the Client. Client acknowledges that Consultant will not be reviewing
the work product of Subconsultant and will not be liable for it in any way. If the Client has any future
claim related to these services, Client will pursue Subconsultant directly and not Consultant.
Task 401 Geotechnical Report
Consultant will obtain a geotechnical report (by subconsultant) that includes foundation design
recommendations for the playground and the immediate surrounding area. This will include up to three
(3) borings on the proposed site of the park.
Task 402 Accessibility Review
Consultant will utilize a subconsultant that is a Registered Accessibility Specialist (RAS) for the
purposes of reviewing the plans, for conformance with published Texas Accessibility Standards (TAS).
Consultant will use Cawyer & Associates Consulting LLP for the TDLR required plan review and project
inspection. Consultant will coordinate with the RAS for project registration with the Texas Department
of Licensing and Regulation (TDLR), and project inspection, upon completion of construction.
Consultant will exercise the professional standard of care to prepare plans to conform to TAS and will
make one (1) round of revisions to the plans based on comments received from the RAS. Inspection
and registration fees for TDLR are included in this fee; however, submittal fees to TDLR are not included
and will be paid by the Client.
It will be the contractor’s responsibility to build the project according to the plans. If contractor cannot
build the project in accordance with the plans, causing non-compliance with TDLR requirements,
contractor shall issue an RFI to consultant for review prior to commencing the work.
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ADDITIONAL SERVICES
Any items requested that are not outlined in the above scope will be considered additional services and
will be provided as requested and authorized by Client. Kimley-Horn can provide the following services,
however; they are not included in the scope of this Agreement:
1. Structural engineering of walls, fencing, columns, and structures.
2. Tree Survey to include health, species, and size of trees.
3. Tree Mitigation Plan
4. Irrigation Plan
5. Lighting Photometrics / Circuitry
6. Lighting Footing Design / Engineering
7. Submittal and Permitting fees
8. Preparation of Record Drawings
9. Civil Engineering
10. Franchise Utility Coordination
11. 3D Renderings
12. 3D Fly Through Videos
13. Site Wayfinding Signage
14. Drawing revisions requested after Construction Documents are complete
15. Any item not specifically included in the Scope of Services
16. Tree Tagging at nursery
SCHEDULE
We will provide our services as expeditiously as practicable to meet a mutually agreed upon schedule.
INFORMATION PROVIDED BY THE CLIENT
We shall be entitled to rely on the completeness and accuracy of all information provided by the Client.
The Client shall provide information requested by Kimley-Horn during the project, including but not
limited to the following:
1. Permission to enter the subject property;
2. Executed copy of this Agreement
OUR SCOPE AND FEE ARE BASED ON THE FOLLOWING
1 Fees are to perform each task one time. This Agreement does not include any effort to
address revisions for jurisdictional permitting.
2 Consultant’s scope of services terminates at the property line and / or the existing curb of
the property except for connections to the existing utilities as defined in the subject Site of
this Agreement.
3 Consultant’s services will be performed in general accordance with current published City
design standards.
4 Effort resulting from changes to the site plan or utility design after commencement of
Consultant’s work will be additional services.
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5 Private utility information (gas, electric, cable, and telephone) will be shown on the plan for
reference only if provided by the appropriate entities in a timely manner. Design of franchise
utilities is beyond the scope of this agreement.
6 Inspections and Certifications during construction, if required, will be performed by others
and are beyond the scope of this agreement, unless specifically defined in this agreement.
7 Design of building lighting and signage, including life safety signage, is beyond the scope
of this Agreement.
8 Consultant shall be permitted to make such corrections or interpretations as may be
necessary for the fulfillment of the intent of the Contract Documents. The City shall not allow
the contractor to take advantage of any apparent errors, omissions or discrepancies in the
drawings or specifications. In case of any errors, omissions or discrepancies in the drawings
or specifications, the City shall direct the contractor to promptly submit the matter to the City
before the improvements are built. The City shall promptly make a determination and issue
the necessary instructions to the contractor in writing. Any adjustment by the contractor
without this determination and instructions shall be at the contractor’s own risk and expense.
The Work is to be made complete as intended by the Contract Documents.
9 The property is zoned to allow the intended use. Changes to the zoning and/or requests for
variances or special use permits will not be required.
10 The adjacent water, wastewater, and storm sewer mains are adequate in size to serve the
proposed use and no offsite extensions or improvements will be required. No design or
study of offsite improvements to water, wastewater, roadways, traffic signals, or any other
utility or improvement is known at this time and is therefore excluded.
11 The site development is not anticipated to impact United States Army Corps of Engineers
jurisdictional areas or other Environmentally Sensitive Areas.
12 Traffic control plans, if required, will be prepared by the Contractor or others and is not part
of Consultant’s scope.
13 Detention of the site’s runoff will not be required. No storm water quality design will be
required.
14 A Traffic Impact Analysis will not be required.
FEE TYPES, EXPENSES, BILLING, STANDARD PROVISIONS
Lump Sum (LS) tasks will be invoiced based on the percent completion of the tasks. Hourly (HR) tasks
will be invoiced according to the hourly rate schedule in effect at the time services are provided. Actual
invoiced amounts for Hourly (HR) tasks will be based on the effort expended.
Other Reimbursable Expenses: Direct reimbursable expenses such as FedEx, couriers, print-shop
reproduction, travel, and other direct expenses will be billed at cost plus the markup as shown in the
Task and Fee Summary Table.
All permitting, application, recording, and similar project fees will be paid directly by the City.
Project billing will be monthly, and payment will be due within 25 days.
The Consultant is not a Contingent Partner in this project. As such the Consultant will be paid in full
for all Professional Services rendered.
This agreement is subject to, and only to, the attached Standard Provisions.
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kimley-horn.com 6160 Warren Parkway, Suite 210 Frisco, TX 75034 972.335.3580
AUTHORIZATION
We appreciate the opportunity to provide these services to you. This agreement must be signed within
60 days without being subject to our revision.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Jonathan Campbell, PLA Kyle Dickey, P.E. (TX)
Project Manager Assistant Secretary
Agreed to by:
City of The Colony
Signature
Title
Date
Client email address for invoicing purposes
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KIMLEY-HORN AND ASSOCIATES, INC.
STANDARD PROVISIONS
1. Kimley-Horn's Scope of Services and Additional Services. Kimley-Horn will perform only the services
specifically described in this Agreement. If requested by the Client and agreed to by Kimley-Horn, Kimley-
Horn will perform Additional Services, which shall be governed by these provisions. Unless otherwise
agreed to in writing, the Client shall pay Kimley-Horn for any Additional Services an amount based upon
Kimley-Horn’s then-current hourly rates plus an amount to cover certain direct expenses including
telecommunications, in-house reproduction, postage, supplies, project related computer time, and local
mileage. Other direct expenses will be billed at 1.15 times cost.
2. Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall:
a. Designate in writing a person to act as its representative, such person having complete authority to
transmit instructions, receive information, and make or interpret the Client's decisions.
b. Provide all information and criteria as to the Client's requirements, objectives, and expectations for the
project and all standards of development, design, or construction.
c. Provide Kimley-Horn all available studies, plans, or other documents pertaining to the project, such as
surveys, engineering data, environmental information, etc., all of which Kimley-Horn may rely upon.
d. Arrange for access to the site and other property as required for Kimley-Horn to provide its services.
e. Review all documents or reports presented by Kimley-Horn and communicate decisions pertaining thereto
within a reasonable time so as not to delay Kimley-Horn.
f. Furnish approvals and permits from governmental authorities having jurisdiction over the project and
approvals and consents from other parties as may be necessary.
g. Obtain any independent accounting, legal, insurance, cost estimating, and feasibility services required by
Client.
h. Give prompt written notice to Kimley-Horn whenever the Client becomes aware of any development that
affects Kimley-Horn's services or any defect or noncompliance in any aspect of the project.
3. Period of Services. Unless otherwise stated herein, Kimley-Horn will begin work after receipt of a properly
executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly
progress through completion of the services. Times for performance shall be extended as necessary for
delays or suspensions due to circumstances that Kimley-Horn does not control. If such delay or suspension
extends for more than six months, Kimley-Horn’s compensation shall be renegotiated.
4. Method of Payment. Client shall pay Kimley-Horn as follows:
a. Invoices will be submitted periodically for services performed and expenses incurred. Payment of each
invoice will be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All
retainers will be held by Kimley-Horn and applied against the final invoice. Interest will be added to
accounts not paid within 25 days at the maximum rate allowed by law. If the Client fails to make any
payment due under this or any other agreement within 30 days after Kimley-Horn's transmittal of its
invoice, Kimley-Horn may, after giving notice to the Client, suspend services and withhold deliverables
until all amounts due are paid.
b. If the Client relies on payment or proceeds from a third party to pay Kimley-Horn and Client does not pay
Kimley-Horn’s invoice within 60 days of receipt, Kimley-Horn may communicate directly with such third
party to secure payment.
c. If the Client objects to an invoice, it must advise Kimley-Horn in writing giving its reasons within 14 days
of receipt of the invoice or the Client’s objections will be waived, and the invoice shall conclusively be
deemed due and owing. If the Client objects to only a portion of the invoice, payment for all other portions
remains due.
d. If Kimley-Horn initiates legal proceedings to collect payment, it may recover, in addition to all amounts
due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the
proceedings. Such expenses shall include the cost, at Kimley-Horn's normal hourly billing rates, of the
time devoted to such proceedings by its employees.
e. The Client agrees that the payment to Kimley-Horn is not subject to any contingency or condition. Kimley-
Horn may negotiate payment of any check tendered by the Client, even if the words “in full satisfaction”
or words intended to have similar effect appear on the check without such negotiation being an accord
and satisfaction of any disputed debt and without prejudicing any right of Kimley-Horn to collect additional
amounts from the Client.
5. Use of Documents. All documents and data prepared by Kimley-Horn are related exclusively to the
services described in this Agreement and may be used only if the Client has satisfied all of its obligations
under this Agreement. They are not intended or represented to be suitable for use or reuse by the Client
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or others on extensions of this project or on any other project. Any modifications by the Client to any of
Kimley-Horn’s documents, or any reuse of the documents without written authorization by Kimley-Horn will
be at the Client's sole risk and without liability to Kimley-Horn, and the Client shall indemnify, defend and
hold Kimley-Horn harmless from all claims, damages, losses and expenses, including but not limited to
attorneys' fees, resulting therefrom. Kimley-Horn’s electronic files and source code remain the property of
Kimley-Horn and shall be provided to the Client only if expressly provided for in this Agreement. Any
electronic files not containing an electronic seal are provided only for the convenience of the Client and use
of them is at the Client’s sole risk. In the case of any defects in the electronic files or any discrepancies
between them and the hardcopy of the documents prepared by Kimley-Horn, the hardcopy shall govern.
6. Intellectual Property. Kimley-Horn may use or develop its proprietary software, patents, copyrights,
trademarks, trade secrets, and other intellectual property owned by Kimley-Horn or its affiliates (“Intellectual
Property”) in the performance of this Agreement. Unless explicitly agreed to in writing by both parties to the
contrary, Kimley-Horn maintains all interest in and ownership of its Intellectual Property and conveys no
interest, ownership, license to use, or any other rights in the Intellectual Property to Client. Any
enhancements of Intellectual Property made during the performance of this Agreement are solely owned by
Kimley-Horn and its affiliates. If Kimley-Horn’s services include providing Client with access to or a license
for Kimley-Horn’s (or its affiliates’) proprietary software or technology, Client agrees to the terms of the
Software License Agreement set forth at https://www.kimley-horn.com/khts-software-license-agreement
(“the License Agreement”) which terms are incorporated herein by reference.
7. Opinions of Cost. Because Kimley-Horn does not control the cost of labor, materials, equipment or
services furnished by others, methods of determining prices, or competitive bidding or market conditions,
any opinions rendered as to costs, including but not limited to the costs of construction and materials, are
made solely based on its judgment as a professional familiar with the industry. Kimley-Horn cannot and
does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client
wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator.
Kimley-Horn's services required to bring costs within any limitation established by the Client will be paid for
as Additional Services.
8. Termination. The obligation to provide further services under this Agreement may be terminated by either
party upon seven days' written notice in the event of substantial failure by the other party to perform in
accordance with the terms hereof, or upon thirty days’ written notice for the convenience of the terminating
party. Kimley-Horn shall be paid for all services rendered and expenses incurred to the effective date of
termination, and other reasonable expenses incurred by Kimley-Horn as a result of such termination.
9. Standard of Care. The standard of care applicable to Kimley-Horn’s services will be the degree of care
and skill ordinarily exercised by consultants performing the same or similar services in the same locality at
the time the services are provided. No warranty, express or implied, is made or intended by Kimley-Horn's
performance of services, and it is agreed that Kimley-Horn is not a fiduciary with respect to the Client.
10. LIMITATION OF LIABILITY. IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE
PROJECT TO THE CLIENT AND KIMLEY-HORN, THE RISKS ARE ALLOCATED SUCH THAT, TO THE
FULLEST EXTENT ALLOWED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS
AGREEMENT OR THE EXISTENCE OF APPLICABLE INSURANCE COVERAGE, THAT THE TOTAL
LIABILITY, IN THE AGGREGATE, OF KIMLEY-HORN AND KIMLEY-HORN'S OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, AND SUBCONSULTANTS TO THE CLIENT OR TO ANYONE CLAIMING BY,
THROUGH OR UNDER THE CLIENT, FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES
WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES UNDER THIS
AGREEMENT FROM ANY CAUSES, INCLUDING BUT NOT LIMITED TO, THE NEGLIGENCE,
PROFESSIONAL ERRORS OR OMISSIONS, STRICT LIABILITY OR BREACH OF CONTRACT OR ANY
WARRANTY, EXPRESS OR IMPLIED, OF KIMLEY-HORN OR KIMLEY-HORN'S OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS, SHALL NOT EXCEED TWICE THE
TOTAL COMPENSATION RECEIVED BY KIMLEY-HORN UNDER THIS AGREEMENT OR $50,000,
WHICHEVER IS GREATER. HIGHER LIMITS OF LIABILITY MAY BE NEGOTIATED FOR ADDITIONAL
FEE. THIS SECTION IS INTENDED SOLELY TO LIMIT THE REMEDIES AVAILABLE TO THE CLIENT
OR THOSE CLAIMING BY OR THROUGH THE CLIENT, AND NOTHING IN THIS SECTION SHALL
REQUIRE THE CLIENT TO INDEMNIFY KIMLEY-HORN.
11. Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any
consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of
profits.
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12. Construction Costs. Under no circumstances shall Kimley-Horn be liable for extra costs or other
consequences due to unknown conditions or related to the failure of contractors to perform work in
accordance with the plans and specifications. Kimley-Horn shall have no liability whatsoever for any costs
arising out of the Client’s decision to obtain bids or proceed with construction before Kimley-Horn has issued
final, fully approved plans and specifications. The Client acknowledges that all preliminary plans are subject
to substantial revision until plans are fully approved and all permits obtained.
13. Certifications. All requests for Kimley-Horn to execute certificates, lender consents, or other third-party
reliance letters must be submitted to Kimley-Horn at least 14 days prior to the requested date of
execution. Kimley-Horn shall not be required to execute certificates, consents, or third-party reliance letters
that are inaccurate, that relate to facts of which Kimley-Horn does not have actual knowledge, or that would
cause Kimley-Horn to violate applicable rules of professional responsibility.
14. Dispute Resolution. All claims arising out of this Agreement or its breach shall be submitted first to
mediation in accordance with the American Arbitration Association as a condition precedent to
litigation. Any mediation or civil action by Client must be commenced within one year of the accrual of the
cause of action asserted but in no event later than allowed by applicable statutes.
15. Hazardous Substances and Conditions. Kimley-Horn shall not be a custodian, transporter, handler,
arranger, contractor, or remediator with respect to hazardous substances and conditions. Kimley-Horn's
services will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and
specifications for isolation, removal, or remediation. Kimley-Horn will notify the Client of unanticipated
hazardous substances or conditions of which Kimley-Horn actually becomes aware. Kimley-Horn may stop
affected portions of its services until the hazardous substance or condition is eliminated.
16. Construction Phase Services.
a. If Kimley-Horn prepares construction documents and Kimley-Horn is not retained to make periodic site
visits, the Client assumes all responsibility for interpretation of the documents and for construction
observation, and the Client waives any claims against Kimley-Horn in any way connected thereto.
b. Kimley-Horn shall have no responsibility for any contractor's means, methods, techniques, equipment
choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Kimley-Horn have
any authority or responsibility to stop or direct the work of any contractor. Kimley-Horn's visits will be for
the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work
of its contractors will generally conform to the construction documents prepared by Kimley-Horn. Kimley-
Horn neither guarantees the performance of contractors, nor assumes responsibility for any contractor’s
failure to perform its work in accordance with the contract documents.
c. Kimley-Horn is not responsible for any duties assigned to it in the construction contract that are not
expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall
state that the contractor shall be solely responsible for job site safety and its means and methods; that the
contractor shall indemnify the Client and Kimley-Horn for all claims and liability arising out of job site
accidents; and that the Client and Kimley-Horn shall be made additional insureds under the contractor’s
general liability insurance policy.
17. No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or
benefits to anyone other than the Client and Kimley-Horn, and all duties and responsibilities undertaken
pursuant to this Agreement will be for the sole benefit of the Client and Kimley-Horn. The Client shall not
assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance
of services by Kimley-Horn, without the written consent of Kimley-Horn. Kimley-Horn reserves the right to
augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market
conditions. If Kimley-Horn exercises this right, Kimley-Horn will maintain the agreed-upon billing rates for
services identified in the contract, regardless of whether the services are provided by in-house employees,
contract employees, or independent subconsultants.
18. Confidentiality. The Client consents to the use and dissemination by Kimley-Horn of photographs of the
project and to the use by Kimley-Horn of facts, data and information obtained by Kimley-Horn in the
performance of its services. If, however, any facts, data or information are specifically identified in writing
by the Client as confidential, Kimley-Horn shall use reasonable care to maintain the confidentiality of that
material.
19. Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Texas. This
Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior
and contemporaneous negotiations, representations, agreements, or understandings, whether written or
oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written
document executed by both parties. Any conflicting or additional terms on any purchase order issued by
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the Client shall be void and are hereby expressly rejected by Kimley-Horn. If Client requires Kimley-Horn
to register with or use an online vendor portal for payment or any other purpose, any terms included in the
registration or use of the online vendor portal that are inconsistent or in addition to these terms shall be void
and shall have no effect on Kimley-Horn or this Agreement. Any provision in this Agreement that is
unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining
provisions. The non-enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement.
30
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-
HORN AND ASSOCIATES, INC. FOR DESIGN SERVICES TO
REPLACE AND RELOCATE THE EXISTING PLAYGROUND AT
BILL ALLEN MEMORIAL PARK TO BE FUNDED BY
COMMUNITY DEVELOPMENT CORPORATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best interest of the
citizens to execute a Professional Services Agreement with Kimley-Horn and Associates,
Inc. for design services to replace and relocate the existing playground at Bill Allen
Memorial Park, and
WHEREAS,the City of The Colony agrees to pay the design cost for the overall
project in the amount of $68,800.00 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 Professional Services Agreement with Kimley-Horn and Associates, Inc.
Section 2.The City Manager is hereby authorized to execute the agreement
for said project.
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 THE 21ST DAY OF MARCH 2023.
______________________________
Richard Boyer, Mayor
ATTEST:City of The Colony, Texas
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
31
APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
32
Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: March 21, 2023
Submitted by: Calvin Lehmann
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Professional Service Agreement with
Halff Associates, LLC for design services for the Park Loop Trail Extension from North Colony to Squires Drive
along the Oncor easement and the Aquatic Park Trail Connection from Fire Station 2 to Taylor Street in the
amount of $148,690.00 to be funded by Community Development Corporation. (Lehmann)
Suggested Action:
Attachments:
2023-03-07 - Trail Segment 2A Proposal (REV02).pdf
Res. 2023-xxx Park Loop Trail Extension.doc
33
STATE OF TEXAS § CITY OF THE COLONY, TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF DENTON §
This Agreement for Professional Services (“Agreement”) is made by and between the City of
The Colony, Texas, a municipal corporation located in Denton County, Texas (“City”), and Halff
Associates, Inc. (“Professional”) (individually, each a “Party” and collectively, “Parties”), acting by
and through the Parties’ authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent contractor
and not as an employee in accordance with the terms and conditions set forth in this Agreement; and
WHEREAS, Professional desires to render professional services for City for North Colony
to Squires Trail (Segment 2A) (“Project”) in accordance with the terms and conditions set forth in
this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor all services under this Agreement to
the prevailing professional standards consistent with the level of care and skill ordinarily exercised
by members of Professional’s profession, both public and private, currently practicing in the same
locality under similar conditions including but not limited to the exercise of reasonable, informed
judgments and prompt, timely action. If Professional is representing this it has special expertise in
one or more areas to be utilized in the performance of this Agreement, then Professional agrees to
perform those special expertise services to the appropriate local, regional and national professional
standards.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto (the “Effective Date”) and shall continue until completion of the services provided by
Professional to City under this Agreement.
2.2 Professional may terminate this Agreement by giving thirty (30) days prior written
notice to City. In the event of such termination by Professional, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination.
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2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to compensation
for services satisfactorily completed in accordance with this Agreement prior to the date of such
termination. Upon receipt of such notice from City, Professional shall immediately terminate
working on, placing orders or entering into contracts for supplies, assistance, facilities or materials
in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar
as they are related to this Agreement.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference, entitled “Scope of Services”. In case of conflict with
the language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement
shall control.
3.2 The Parties acknowledge and agree that any and all opinions provided by Professional
represent the best judgment of Professional.
3.3 Schematic Design Documents, Design Development Documents, Contract
Documents, Drawings, Plans, Specifications and other documents, including those in electronic form,
prepared by Professional and its consultants, agents, representatives, and/or employees in connection
with the Project (“Project Documents”) are intended for the use and benefit of City. Professional and
its consultants, agents, representatives, and/or employees shall be deemed the authors of their
respective part of said Project Documents. Notwithstanding the foregoing, City shall own, have, keep
and retain all rights, title and interest in and to all Project Documents, including all ownership,
common law, statutory, and other reserved rights, including copyrights, in and to all such Project
Documents, whether in draft form or final form, which are produced at City’s request and in
furtherance of this Agreement or for the Project. City shall have full authority to authorize
contractor(s), subcontractors, sub-subcontractors, City consultants, and material or equipment
suppliers to reproduce applicable portions of the Project Documents to and for use in their execution
of the work or for any other purpose. All materials and reports prepared by Professional in connection
with this Agreement are “works for hire” and shall be the property of City. Professional shall, upon
completion of the services provided under this Agreement, or upon earlier termination of this
Agreement, provide City with reproductions of all materials, reports, and exhibits prepared by
Professional pursuant to this Agreement, and shall provide same in electronic format if requested by
City. Any re-use of the Project Documents by the City on any other project not contemplated or
included under this Agreement shall be at the City’s sole risk, without liability to Professional.
Notwithstanding any language to the contrary Professional has, shall have, and shall continue to have
all rights and privileges related to the use of the information contained in the Project Documents.
City understands and agrees that the Project Documents contain information, details and other data
of value (“technical data”) that are at the core of Professional’s business and that any perceived
transfer of such technical data would adversely limit, affect and impact Professional’s interests and,
in order to avoid unduly affecting, impacting and limiting Professional's business, Professional shall
identify such technical data to City, when necessary.
Page 2 of 10 35
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City (the “Work Schedule”), which is attached hereto and incorporated as Exhibit B.
4.2 In the event Professional’s performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance of
same as hereinafter provided, and City shall determine whether to authorize any increase in fee or
price, or to authorize damages or additional compensation as a consequence of such delays, within a
reasonable time after receipt of Professional’s request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed or
made by Professional, unless Professional shall have made written request upon City for such
extension not later than five (5) business days after Professional has actual knowledge of the
occurrence of the cause serving as the basis for such extension request, and unless City and
Professional have agreed in writing upon the allowance of such additional time.
Article V
Compensation and Method of Payment
5.1 City shall pay Professional for the services specifically as set forth in Exhibit A by
payment of a not to exceed fee of $148,690 for Option 1, $124,650 for Option 2, or $71,790 for
Option 3.
5.2 Each month Professional shall submit to City an invoice supporting the amount for
which payment is sought. Each invoice shall also state the percentage of work completed on the
Project through the end of the then submitted billing period, the total of the current invoice amount,
and a running total balance for the Project to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
monthly payments in the amount shown by Professional’s approved monthly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services that is
unsatisfactory as determined by City or which is not performed in compliance with the terms of this
Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute
a waiver of any right, at law or in equity, which City may have if Professional is in default, including
the right to bring legal action for damages or for specific performance of this Agreement. Waiver of
any default under this Agreement shall not be deemed a waiver of any subsequent default.
Page 3 of 10 36
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City shall
pay Professional compensation for such services at mutually agreed upon charges or rates, and within
the time schedule prescribed by City, and without decreasing the effectiveness of the performance of
services required under this Agreement. In any event, when Professional is directed to revise or
expand the scope of services under this Agreement, Professional shall provide City a written proposal
for the entire costs involved in performing such additional services. Prior to Professional undertaking
any revised or expanded services as directed by City under this Agreement, City must authorize in
writing the nature and scope of the services and accept the method and amount of compensation and
the time involved in all phases of the Project.
6.2 It is expressly understood and agreed to by Professional that any compensation not
specified in this Agreement may require approval by the City Council of the City of The Colony and
may be subject to current budget year limitations.
6.3 To the extent reasonably necessary for Professional to perform the services under this
Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons,
or corporations that Professional may deem proper to aid or assist in the performance of the services
under this Agreement. The cost of such personnel and assistance shall be borne exclusively by
Professional.
6.4 Professional shall furnish the facilities, equipment, telephones, facsimile machines,
email facilities, and personnel necessary to perform the services required under this Agreement unless
otherwise provided herein.
Article VII
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the conditions
and requirements of this Agreement, Professional is acting as an independent contractor, and City
assumes no responsibility or liability to any third party in connection with the services provided by
Professional under this Agreement. All services to be performed by Professional pursuant to this
Agreement shall be in the capacity of an independent contractor, and not as an agent, servant,
representative, or employee of City. Professional shall supervise the performance of its services and
shall be entitled to control the manner, means and methods by which Professional’s services are to
be performed, subject to the terms of this Agreement. As such, City shall not train Professional,
require Professional to complete regular oral or written reports, require Professional to devote his
full-time services to City, or dictate Professional’s sequence of work or location at which Professional
performs Professional’s work, except as may be set forth in Exhibit A.
7.2 Professional shall be responsible for the professional quality, technical accuracy, and
the coordination of all designs, drawings, specifications, plans, and other services furnished by
Page 4 of 10 37
Professional under this Agreement. Professional shall, without additional compensation, correct or
revise any errors or deficiencies in the Project Documents and other services provided under this
Agreement. Neither City’s review, approval, nor acceptance of, nor payment for any of, the services
provided under this Agreement, shall be construed to operate as a waiver of any rights under this
Agreement, and Professional shall be and remain liable to City in accordance with applicable law for
all damages to City caused by Professional’s negligent performance of any of the services furnished
under this Agreement.
Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and
maintain during the term of this Agreement the following insurance written by companies approved
by the state of Texas and acceptable to City. Professional shall furnish to the City Manager
certificates of insurance executed by the insurer or its authorized agent stating coverages, limits,
expiration dates and compliance with all applicable required provisions. Certificates shall reference
the project/contract number and be addressed as follows:
City of The Colony, Texas
Attention: Director of Engineering
6800 Main Street
The Colony, Texas 75056
A. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits of
$1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate, and
$1,000,000 general aggregate. Coverage must be written on an occurrence form. The General
Aggregate shall apply on a per project basis.
B. Workers’ Compensation insurance with statutory limits; and Employers’
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000.
C. Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injury and property damage limit of
$1,000,000 per occurrence.
D. Professional Liability Insurance to provide coverage against any claim which
the Professional and all professionals engaged or employed by the Professional become
legally obligated to pay as damages arising out of the performance of professional services
caused by the negligent error, omission or act with minimum limits of $2,000,000 per claim,
$2,000,000 annual aggregate.
Page 5 of 10 38
NOTE: If the insurance is written on a claims-made form, coverage shall be continuous (by
renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
A. A waiver of subrogation in favor of City, its officials, employees, and officers
shall be contained in the Workers’ Compensation insurance policy.
B. The City, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability policy, by using endorsement CG2026 or
broader .
C. All insurance policies shall be endorsed to the effect that City will receive at
least thirty (30) days notice prior to cancellation, non-renewal, termination, or material
change of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a financial
rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any directly
pertinent books, documents, papers and records of Professional involving transactions relating to this
Agreement. Professional agrees that City shall have access during normal working hours to all
necessary Professional facilities and shall be provided adequate and appropriate work space in order
to conduct audits in compliance with the provisions of this section. City shall give Professional
reasonable advance notice of intended audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that any
subcontractor agrees that City shall have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions related to the
subcontract, and further, that City shall have access during normal working hours to all such
subcontractor facilities and shall be provided adequate and appropriate work space, in order to
conduct audits in compliance with the provisions of this section. City shall give any such
subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings, written agreements or oral agreements between the Parties with
respect to the subject matter of this Agreement.
Page 6 of 10 39
10.2 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part without
the prior written consent of City. In the event of an assignment by Professional to which the City has
consented, the assignee shall agree in writing with the City to personally assume, perform, and be
bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a
District Court with appropriate jurisdiction in Denton County, Texas. The Parties agree to submit to
the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal,
or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of
time following the termination of this Agreement shall survive termination, including, but not limited
to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below,
or to such other Party or address as either Party may designate in writing, and shall be deemed
received three (3) days after delivery set forth herein:
If intended for City: With Copy to:
Community Services Director Park Development Manager
City of The Colony City of The Colony
5151 N Colony Blvd 5151 N Colony Blvd
The Colony, Texas 75056 The Colony, Texas 75056
Page 7 of 10 40
If intended for Professional:
Halff Associates, Inc.
Attn: Leigh A. Hollis, PE
3803 Parkwood Blvd, Suite 800
Frisco, TX 75034
10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all such
counterparts shall together constitute one and the same instrument. Each counterpart may consist of
any number of copies hereof each signed by less than all, but together signed by all of, the Parties
hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof
for all purposes.
10.13 Professional’s Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional, its em ployees,
associates, agents or subcontractors for the accuracy and competency of their designs, working
drawings, specifications or other documents and work; nor shall such acceptance be deemed an
assumption of responsibility by City for any defect in the Project Documents or other documents and
work prepared by Professional, its employees, associates, agents or sub-consultants.
10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD
HARMLESS CITY FROM AND AGAINST LIABILITIES, DAMAGES, CLAIMS, SUITS,
COSTS (INCLUDING REIMBURSEMENT OF COURT COSTS, REASONABLE
ATTORNEY’S FEES AND COSTS OF INVESTIGATION IN PROPORTION TO
PROFESSIONAL’S LIABILITY) AND ACTIONS BY REASON OF INJURY TO OR
DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT
CAUSED BY PROFESSIONAL’S WILLFUL MISCONDUCT OR PROFESSIONAL’S
NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY ITS
OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED
ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES,
DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE
OF THE CITY). PROFESSIONAL’S OBLIGATIONS UNDER THIS SECTION SHALL
NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR
REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF
THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL
SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN
COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS
LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE
TERMINATION OF THIS AGREEMENT
Page 8 of 10 41
10.15 Conflicts of Interests. Professional represents that no official or employee of City has
any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional
under this section shall be grounds for termination of this Agreement and shall be grounds for
recovery of any loss, cost, expense or damage incurred by City as a result of such misrepresentation.
10.16 Default. If at any time during the term of this Agreement, Professional shall fail to
commence the services in accordance with the provisions of this Agreement or fail to diligently
provide services in an efficient, timely and careful manner and in strict accordance with the
provisions of this Agreement or fail to use an adequate number or quality of personnel to complete
the services or fail to perform any of Professional’s obligations under this Agreement, then City shall
have the right, if Professional shall not cure any such default after thirty (30) days written notice
thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of any other
right or remedy of City. If after exercising any such remedy due to Professional’s nonperformance
under this Agreement, the cost to City to complete the services to be performed under this Agreement
is in excess of that part of the contract sum which as not theretofore been paid to Professional
hereunder, Professional shall be liable for and shall reimburse City for such excess costs.
10.17 Confidential Information. Professional hereby acknowledges and agrees that its
representatives may have access to or otherwise receive information during the furtherance of
Professional’s obligations in accordance with this Agreement, which is of a confidential, non-public
or proprietary nature. Professional shall treat any such information received in full confidence and
will not disclose or appropriate such Confidential Information for Professional’s own use or the use
of any third party at any time during or subsequent to this Agreement. As used herein, “Confidential
Information” means all oral and written information concerning the City, its affiliates and
subsidiaries, and all oral and written information concerning City or its activities, that is of a non-
public, proprietary or confidential nature including, without limitation, information pertaining to
customer lists, services, methods, processes and operating procedures, together with all analyses,
compilations, studies or other documents, whether prepared by Professional or others, which contain
or otherwise reflect such information. The term “Confidential Information” shall not include such
information that is or becomes generally available to the public other than as a result of disclosure to
Professional, or is required to be disclosed by a governmental authority under applicable law.
10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each right or remedy
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this
Agreement may be waived without written consent of the Parties. Forbearance or indulgence by
either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to
this Agreement.
10.19 No Third Party Beneficiary. For purposes of this Agreement, including the intended
operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this
Agreement only affects matters between the Parties to this Agreement, and is in no way intended by
the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such
third person or entity may be in contractual relationship with City or Professional or both; and (2) the
terms of this Agreement are not intended to release, either by contract or operation of law, any third
person or entity from obligations owing by them to either City or Professional.
Page 9 of 10 42
Page 10 of 10 43
North Colony to Squires Trail Page A-1 of A-9
EXHIBIT “A”
SCOPE OF WORK
NORTH COLONY TO SQUIRES TRAIL (SEGMENT 2A)
CITY OF THE COLONY, TEXAS
1. Description:
The objective of this project is to design a 10-ft wide concrete shared-use trail, in
accordance with the City of The Colony Trails and Bikeways Master Plan, that will be
constructed for the City’s trail system and connect to trail systems in other cities. The
proposed trail, Segment 2A under Phase 2 in the Trail Master Plan, is a continuation of
Park Loop Trail that begins off-street at a proposed trail entry gateway and future
connection to the City of Frisco trail system located northwest of Squires Drive.
The proposed design for these portions of trail Segment 2A will instead begin at the
connection to trail Segment 1A at Squires Drive. The trail will then run southward,
meandering through an existing easement for overhead electric lines, and end on the
north side of N Colony Blvd to connect to an existing trail near the Colony Recreation
Center. Sidewalk extensions from several residential streets will also be considered
along the trail alignment to provide additional connections and improve pedestrian
access to the trail.
This project may also include the design of a 10-ft wide concrete shared-use trail along
the north side of N Colony Blvd to replace the existing 4-ft sidewalk between trail
segments 1A and 3A from Powers Street to Taylor Drive.
The improvements under this contract will be broken up into three separate options.
Whichever option is chosen to be included in this contract will control the scope of the
project.
Option 1 consists of approximately 2,400 linear feet of 10-ft wide concrete
shared-use trail from N Colony Blvd to Squires Drive north of Rearn Drive, 1,000
linear feet of 10-wide concrete shared-use trail along the westbound lanes of
N.Colony Blvd from Powers St to Taylor Dr, pedestrian railing, and rapid flashing
sign beacons for pedestrian crossing as well as 4-ft sidewalk reconstruction
along the overhead electrical easement at Ragan Road.
Option 2 consists of approximately 1,200 linear feet of 10-ft wide concrete
shared-use trail from N Colony Blvd to Ragan Rd, 1,000 linear feet of 10-ft wide
concrete shared-use trail along the westbound lanes of N.Colony Blvd from
Powers St to Taylor Dr, pedestrian railing, and rapid flashing sign beacons for
pedestrian crossing as well as 4-ft sidewalk reconstruction along the overhead
electrical easement at Ragan Road.
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North Colony to Squires Trail Page A-2 of A-9
Option 3 consists of approximately 1,000 linear feet of 10-ft wide concrete
shared-use trail along the westbound lanes of N.Colony Blvd from Powers St to
Taylor Dr.
The scope of this project for all options includes survey and engineering design services
to prepare plans, specifications, and estimates (PS&E). Design will be in accordance
with the applicable specifications and standards of the City of The Colony, TxDOT,
FEMA, and AASHTO.
2. Assumptions:
A. Professional services include only services that are normal and customary and
are not represented as including special services or those requiring expertise that
is greater than that provided by other service providers.
B. Horizontal alignment for trail shall be in accordance with Segment 2A of the City
of The Colony Trails and Bikeways Master Plan, dated February 2017. The only
deviation from said plan shall be to end the trail at Squires Drive approximately
150 feet north of Rearn Drive where the future Segment 1A trail is planned to
begin.
C. No major water crossings are anticipated for this project. Therefore, it is assumed
pedestrian bridge and/or culvert crossings will NOT be included in design under
this agreement. If requested by the City, the design services for a pedestrian
bridge and/or culvert crossing can be provided as part of an amendment to this
contract.
D. It is assumed that all drainage on the project shall be conveyed by surface
means and no subsurface drainage systems shall be designed.
E. No environmental permitting coordination or hydraulic analysis are included in
this scope. In accordance with FEMA Flood Map, there is a tributary of Lewisville
Lake that crosses Squires Dr, flowing east to west. Based on the horizontal
alignment, part of the trail may cross within the floodplain. Additional information
will be required by the City, at the request of the Professional (Halff Associates,
Inc.), during preliminary design phase to determine if water overtops Squires Dr
during the 100-year flood event. The City shall be informed by the Professional
and determine if an alternative design is necessary. The alternative design shall
be presented to the City with an amendment to this contract detailing the
anticipated scope and fee for the additional services if required.
F. It is assumed that the project limits are within City right-of-way and/or franchise
utility easement(s) and no residential property will be in conflict.
G. Professional shall coordinate with Owner of easement for overhead electric lines.
It is assumed the Owner of easement will allow for the trail to encroach onto and
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North Colony to Squires Trail Page A-3 of A-9
through existing easement so long as the Professional meets the regulations and
guidelines provided by the Owner. Professional shall also coordinate with other
franchise utility owners within the project limits.
H. It is assumed that walls, if any, shall be limited to curb walls of a height suitable
for use of City standard details. No structural services have been provided as
part of this project.
I. No landscaping design, irrigation design, or planting plans shall be provided as
part of this agreement. These additional services may be provided upon city
request for additional scope and fee. Proposed grass sodding/seeding
associated with this project will be shown on the Erosion Control plans.
J. The Owner shall be responsible for any coordination with the Fire Department
deemed necessary for Fire Station #2 driveway reconstruction along N Colony
Blvd. The plans will include a Traffic Control detail for the improvements within
the fire department property and shall provide for at least half of the western
drive to remain open at all times during construction.
3. Work Plan:
A. Surveying Services
The Professional shall provide surveying services, which, in general, may be
defined as normal services applicable to a project of this type. The following
particulars will also apply.
(1) Vertical benchmarks shall be established such that all points of construction
shall be within 500 feet of a benchmark. Benchmarks should not be subject to
loss during construction. Fire hydrants and similar appurtenances are not to
be used for benchmarks. The surveyor shall establish temporary benchmarks
throughout the length of the project.
(2) Topographic features will be surveyed along with any and all other features
needed for design, review, permitting, construction, and inspection of the
project. Coverage will extend 25 linear feet beyond both sides of the trail
alignment for a 50-ft wide corridor of survey to integrate the design with the
adjacent properties. The Professional will incorporate this survey with survey
data obtained through LIDAR topography, existing aerial photography, and
record drawings of existing improvements to prepare a base map for design.
(3) Existing property corners, iron pins, etc. shall be tied in order to establish
existing right-of-way. Prior to surveying on private property, the surveyor shall
secure written permission from property owners and/or tenant and shall
provide the City a copy of said written permission. Should only oral
permission be granted, the surveyor shall document the permission granted
by letter to the property owner/tenant, with a copy provided to the
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North Colony to Squires Trail Page A-4 of A-9
City. If permission cannot be obtained, the City will assist or other
arrangement will be worked out.
B. Subsurface Utility Engineering (SUE)
The Professional shall provide SUE services, which, in general, may be defined
as normal services applicable to a project of this type. SUE services shall be
performed in accordance with CI/ASCE 38-02 Standard Guidelines for the
Collection and Depiction of Existing Subsurface Utility Data. The standard
defines the following Quality Levels:
(1) Quality Level D
(a) Conduct appropriate investigations (e.g., owner records, County/City
records, personal interviews, visual inspections, etc.), to help identify
utility owners that may have facilities within the project limits or that
may be affected by the project.
(b) Collect applicable records (e.g., utility owner base maps, “as built” or
record drawings, permit records, field notes, geographic information
system data, oral histories, etc.) on the existence and approximate
location of existing involved utilities.
(c) Review records for: evidence or indication of additional available
records; duplicate or conflicting information; need for clarification.
(2) Quality Level C (includes tasks as described for Quality Level D)
(a) Identify surface features, from project topographic data and from field
observations, that are surface appurtenances of subsu rface utilities.
(b) Include survey and correlation of aerial or ground-mounted utility
facilities in Quality Level C tasks.
(c) Survey surface features of subsurface utility facilities or systems if
such features have not already been surveyed by a professional
surveyor. If previously surveyed, check survey data for accuracy and
completeness.
(d) The survey shall also include (in addition to subsurface utility features
visible at the ground surface): determination of invert elevations of any
manholes and vaults; sketches showing interior dimensions and line
connections of such manholes and vaults; any surface markings
denoting subsurface utilities, furnished by utility owners for design
purposes.
(e) Exercise professional judgment to correlate data from different
sources, and to resolve conflicting information.
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North Colony to Squires Trail Page A-5 of A-9
(f) Recommend follow-up investigations (e.g., additional surveys,
consultation with utility owners, etc.) as may be needed to further
resolve discrepancies.
(3) Quality Level B (includes tasks as described for Quality Level C)
(a) Select and apply appropriate surface geophysical method(s) to search
for and detect subsurface utilities within the project limits, and/or to
trace a particular utility line or system.
(b) Based on an interpretation of data, mark the indications of utilities on
the ground surface for subsequent survey. Utilize paint or other
method acceptable for marking of lines.
(c) Unless otherwise directed, mark centerline of single-conduit lines, and
outside edges of multi-conduit systems.
(d) Resolve differences between designated utilities and utility records and
surveyed appurtenances.
(e) Recommend additional measures to resolve differences if they still
exist. Recommendations may include additional or different surface
geophysical methods, exploratory excavation, or upgrade to Quality
Level A data.
(f) As an alternative to the physical marking of lines, the ENGINEER may,
with CITY’s approval, utilize other means of data collection, storage,
retrieval, and reduction, that enables the correlation of surface
geophysical data to the project’s survey control.
(4) Quality Level A
(a) Expose and locate utilities at specific locations.
(b) Tie horizontal and vertical location of utility to survey control.
(c) Provide utility size and configuration.
(d) Provide paving thickness and type, where applicable.
(e) Provide general soil type and site conditions and such other pertinent
information as is reasonably ascertainable from each test hole site.
(5) It is assumed that four (4) Level A test holes for Option 1 and 2, and (2) Level
A test holes for Option 3 will be conducted as part of this project to verify
utility depths over anticipated crossings of Atmos facilities.
(6) Level C-D SUE shall be based upon surface features captured as part of the
design survey and records provided by the City, Oncor, and utilities with
visible markers within the limits of improvements.
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North Colony to Squires Trail Page A-6 of A-9
C. Construction Plans, Specifications, and Estimate (PS&E)
The Professional shall submit preliminary plans and documents to the City for
review at the 60% and 90% design level and address applicable comments
arising from said reviews. Final plans shall be signed and submitted at the 100%
milestone. It is assumed that all submittals shall be digital, and no hard copies
shall be required. This project does not include any plans in hand reviews. Also,
the professional may submit plan sheets or working drawings to the City for
review and comment to reduce the number of revisions that otherwise would be
required.
Construction Plans
(1) Cover Sheet and Sheet Index: The cover sheet shall include a location map.
Additionally, the cover sheet shall show the project name, project number,
date, City logo, Professional’s name, address, and telephone number and
other items may be specified. The Sheet Index shall be included on the Cover
Sheet.
(2) Survey Control and Project Layout: A Survey Control and Project Layout plan
shall be prepared at a scale adequate to depict all improvements and survey
control to be used by the contractor during construction.
(3) Project General Notes and Legend: These sheets will include a listing of
abbreviations, legend, and general notes.
(4) Removal Plan: A Removal Plan depicting all structures and appurtenances
scheduled for demolition/removal, adjustment, or relocation shall be prepared
at a scale adequate to depict all elements.
(5) Paving Plan and Profile: Paving Plan and Profile(s) shall be prepared for at a
scale adequate to depict all proposed improvements. Plans shall provide
northing and easting as well as vertical and other pertinent control information
necessary for the Contractor to construct the proposed improvements. Plans
shall also display station and coordinate data for all horizontal alignment
PC’s, PT’s, PI’s; station and elevation data of all vertical profile PC’s, PT’s,
PI’s, low points, and high points; lengths of vertical curves, grades, K values,
e, vertical clearances where required, and depict all existing and proposed
items pertinent to the project.
(6) Grading Plan: Grading Plan(s) shall be prepared at a scale adequate to depict
all proposed improvements. Plans shall provide northing and easting as well
as vertical and other pertinent control information necessary for the
Contractor to construct the proposed improvements. Plans shall also display
1-ft contour data with the contours labeled. The contours for existing
conditions shall be derived from data collected under Surveying Services and
supplemented with Lidar where necessary. Plans shall depict all existing and
proposed items pertinent to the project.
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North Colony to Squires Trail Page A-7 of A-9
(7) Miscellaneous: Construction plans will also address erosion control, traffic
control (including detours, road closures, signing, barricading etc.), pavement
markings, proposed signage, cross sections, and all other improvements.
(8) Detail Sheets: The City’s standard drawings will be used as applicable to this
project. Where other agency standards or record drawings are used, they
shall be reduced as necessary to fit on the City’s standard sheet format with
complete title block.
(9) Design: The design of the project shall be in general accordance with the City
of The Colony ordinances, standard details, and good Engineering practices.
During the design phase, the Professional shall contact various utility
companies and obtain information relating to existing utility lines. The design
should avoid major utility relocations where practical. When required,
proposed relocations or replacements will be shown in plan and profile.
Project Manual and Specifications
The Professional shall prepare a project manual and technical specifications
required for bidding and constructing the project starting at the 60% submittal.
The project manual will be provided in the City’s standard format. Only
specifications amending or supplementing COG specifications need be
furnished.
Opinion of Probable Construction Cost
The Professional shall provide the City with an opinion of probable construction
cost at each milestone submission. Unit prices shall be taken from bid tabs of
similar projects.
D. Public Meetings: Professional shall not be required to attend public meetings for
this project.
E. City Council Coordination: The Professional shall not be required to attend any
City Council meetings under this contract.
F. Construction Control Staking: The Contractor will provide construction staking.
G. Geotechnical Investigation: Geotechnical services shall not be provided as part
of this project. It is assumed that trail’s pavement section shall be in accordance
to the City’s standards and specifications.
H. Bidding, Construction, and Closure:
(1) Bidding:
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North Colony to Squires Trail Page A-8 of A-9
(a) During the bidding phase, the Professional will prepare bid
documents and assist the City in advertising the project for bids. The
Professional will address technical questions and prepare addenda
to be issued to the bidders. The Professional shall attend a pre-bid
meeting and prepare minutes. The Professional will tabulate bids
and make recommendations for award of contract.
(2) Construction:
(a) Attend a pre-construction meeting and monthly progress meetings
as required. Four (4) months are assumed for the construction
duration.
(b) Visit the project site at appropriate intervals as construction
proceeds to observe and report on the progress and quality of the
executed work. In performing these services, the Professional will
endeavor to protect the City against defects and deficiencies in the
work of the Contractor. However, the Professional cannot guarantee
the performance of the Contractor, nor be responsible for the actual
supervision of the construction operations or for the safety measures
that the Contractor takes or should take.
(c) Review shop drawings and Contractor submittals.
(d) Review laboratory test reports on materials and equipment.
(e) Prepare and negotiate Change Orders between the Contractor and
the City.
(f) Prepare record drawings from information supplied by the
Contractor.
(g) Attend final inspection and prepare punch list report.
(3) Closure: The Professional shall prepare “record” plans, incorporating all
changes and known variations to provide the City the best possible set of
record drawings. The final record drawings shall be furnished on CD with
plan sheets in .tif and pdf formats. CADD files of plan sheets and master files
shall be provided on the CD as well.
I. Permitting
(1) Texas Department of Licensing and Review (TDLR): The Professional shall
prepare and submit applications and fee to the TDLR for code review of trails
and ramps. After construction, the Professional shall notify TDLR of
completion date. Professional shall address any question or issues by TDLR
as a result of review and inspection. TDLR review and inspection fees are
included in this proposal.
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North Colony to Squires Trail Page A-9 of A-9
(2) Oncor Encroachment Guidelines and Application: The Professional shall
prepare and submit applications and fee to Oncor for code review of trail’s
encroachment to existing easement. Professional shall address any question
or issues by Oncor as a result of review and inspection. Oncor review and
inspection fees are included in this proposal.
4. Schedule:
A. Complete design surveys: 60 calendar days from date of receipt of written
authorization to begin.
B. Completion/furnishing 60% plans, project manual, and opinion of probable
construction cost: 90 calendar days from date of receipt of written authorization
to begin.
C. Completion/furnishing 90% plans, project manual, and construction cost
estimate: 30 calendar days from receipt of 60% comments.
D. Completion/furnishing of Signed and Sealed plans for construction: 30 calendar
days from receipt of 90% comments.
E. Bidding Services: 60 calendar days form the city’s approval of final plans.
F. Construction Services: In accordance with construction schedule (estimated to
be 150 calendar days).
G. Closure: 30 calendar days from the date of construction completion.
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North Colony to Squires Trail Page B-1
EXHIBIT “B”
COMPENSATION
NORTH COLONY TO SQUIRES TRAIL (SEGMENT 2A)
CITY OF THE COLONY, TEXAS
Exhibit “B” defines the basis of compensation to the Consultant for the services
rendered.
A. Fees - The fee for the services described in Exhibit “A” will be $148,690 for
Option 1, $124,650 for Option 2, and $71,790 for Option 3. This includes
printing, direct costs, and computer charges normally associated with production
of these services.
The basis of compensation for services for Option 1 shall be as follows:
TASK DESCRIPTION FEE
1. Survey Services $14,250
2. Subsurface Utility Engineering (SUE) $15,410
3. Construction Plans, Specifications, and Estimate (PS&E) $87,410
4. Bidding, Construction, and Closure $27,880
5. Permitting $3,740
TOTAL SERVICES $148,690
The basis of compensation for services for Option 2 shall be as follows:
TASK DESCRIPTION FEE
1. Survey Services $11,230
2. Subsurface Utility Engineering (SUE) $13,690
3. Construction Plans, Specifications, and Estimate (PS&E) $69,710
4. Bidding, Construction, and Closure $26,280
5. Permitting $3,740
TOTAL SERVICES $124,650
53
North Colony to Squires Trail Page B-2
The basis of compensation for services for Option 3 shall be as follows:
TASK DESCRIPTION FEE
1. Survey Services $8,210
2. Subsurface Utility Engineering (SUE) $8,950
3. Construction Plans, Specifications, and Estimate (PS&E) $36,750
4. Bidding, Construction, and Closure $15,630
5. Permitting $2,250
TOTAL SERVICES $71,790
B. Billing – The fees established above shall be considered lump sum fees. Costs
incurred will not be exceeded without prior approval from The Colony. Services
will be invoiced monthly based on percentage of work complete and may include
partial payments on the total amounts designated for each task.
54
Project Phases and Tasks
Team LeaderQC ManagerProject ManagerEngineer in TrainingSUE Project ManagerSUE Field Manager2-Man Designating CrewRPLS2-Man Survey CrewSurvey Technician3-Man Survey CrewCADD TechnicianClerical/ Administrative SupportEffort SubtotalFee SubtotalDirect CostsProject TotalTask 1: Survey Services
Design Surveys 12 60 16 88 $14,200 $50.00 $14,250
Subtotal Task 1 12 60 16 88 $14,200 $50.00 $14,250
Task 2: Subsurface Utility Engineering (SUE)
Quality Level D 1 8 4 12 25 $3,065 $3,065
Quality Level C 8 4 12 24 $2,900 $2,900
Quality Level A 0.5 1 2 8 8 1 2 22.5 $2,448 $6,000.00 $8,448
Franchise Utility Coordination 0.5 2 4 6.5 $993 $993
Subtotal Task 2 0.5 3.5 21 2 8 8 9 26 78 $9,405 $6,000.00 $15,410
Task 3: Construction Plans, Specifications, and Estimate (PS&E)
Plan Preparation (no. of sheets)
Cover Sheet and Index (1)1 1 1 3 $405 $405
Project General Notes and Legend (1)0.5 1 4 1 6.5 $928 $928
Typical Section (1)1 8 1 10 $1,385 $1,385
Detail Sheets (10)0.5 2 5 5 12.5 $1,633 $1,633
North Colony to Squires - (2,400 LF)
Survey Control and Project Layout (2)1 8 2 11 $1,485 $1,485
Removal Plan (3)1 2 8 3 14 $1,955 $1,955
Paving Plan and Profile (5)2.5 15 50 5 72.5 $10,488 $10,488
Grading Plan (3)1.5 18 30 4 53.5 $7,878 $7,878
Erosion Control Plan (3)1.5 12 3 16.5 $2,228 $2,228
Pavement Marking and Signage Plan (2)0.5 1 4 2 7.5 $1,028 $1,028
Cross Sections (6)1 3 18 3 25 $3,520 $3,520
Taylor to Powers - (1,000 LF)
Survey Control and Project Layout (1)0.5 4 1 5.5 $743 $743
Removal Plan (2)1 2 12 1 16 $2,315 $2,315
Paving Plan and Profile (3)1 9 30 2 42 $6,090 $6,090
Grading Plan (2)1 12 20 2 35 $5,185 $5,185
Pavement Marking and Signage Plans (2)0.5 1 4 1 6.5 $928 $928
Erosion Control Plans (2)0.5 2 8 1 11.5 $1,653 $1,653
Project Manual and Specifications
60% Project Manual 2 8 4 14 $2,290 $2,290
90% Project Manual 1 4 8 13 $1,985 $1,985
Final Project Manual 1 4 4 9 $1,425 $1,425
EXHIBIT "B-1" (OPTION 1)
(SUPPLEMENT TO EXHIBIT "B")
TRAIL SEGMENT 2A & 1A-3A CONNECTION
CITY OF THE COLONY
ESTIMATED PROJECT EFFORT
A:\53000s\53582\001\Admin\Contracts\Working\EXHIBIT B-1 - North Colony to Squires Trail (Option 1)55
Project Phases and Tasks
Team LeaderQC ManagerProject ManagerEngineer in TrainingSUE Project ManagerSUE Field Manager2-Man Designating CrewRPLS2-Man Survey CrewSurvey Technician3-Man Survey CrewCADD TechnicianClerical/ Administrative SupportEffort SubtotalFee SubtotalDirect CostsProject TotalEXHIBIT "B-1" (OPTION 1)
(SUPPLEMENT TO EXHIBIT "B")
TRAIL SEGMENT 2A & 1A-3A CONNECTION
CITY OF THE COLONY
ESTIMATED PROJECT EFFORT
OPCC
60% OPCC 0.5 4 8 12.5 $1,883 $1,883
90% OPCC 0.5 2 4 6.5 $993 $993
Final OPCC 0.5 1 4 5.5 $828 $828
Submittals and QAQC
60% QAQC 8 8 16 $3,680 $3,680
60% Submittal Comments 4 8 40 16 2 70 $9,490 $9,490
90% QAQC 8 8 16 $3,680 $3,680
90% Submittal Comments 2 4 20 8 2 36 $4,820 $4,820
Final QAQC 8 8 16 $3,680 $3,680
Final Submittal Comments 1 4 10 4 2 21 $2,815 $2,815
Subtotal Task 3 24 24 136 328 66 6 584 $87,410 $87,410
Task 4: Bidding, Construction, Closure
Construction Administration
Bidder Questions 1 4 8 13 $1,985 $1,985
Pre-Bid Meeting (1)4 6 10 $1,500 $50.00 $1,550
Addendum (2)1 4 5 $725 $725
Bid Opening (1)4 4 8 $1,220 $50.00 $1,270
Bid Tabulation and Contractor Recommendation 2 8 10 $1,450 $1,450
Conformed Bid Documents 2 8 10 $1,450 $1,450
Pre-Construction Meeting (1)4 6 10 $1,500 $50.00 $1,550
Monthly Progress Meetings (12)24 24 $3,960 $200.00 $4,160
Review Shop Drawings, Submittals and Testing Reports 8 40 48 $6,920 $6,920
Site Visits, Pay Applications, Contract Amendments 24 12 36 $5,640 $50.00 $5,690
As-Built Drawings 2 8 10 $1,130 $1,130
Subtotal Task 4 1 79 96 8 184 $27,480 $400.00 $27,880
Task 5: Permitting
Texas Department of Licensing and Review (TDLR)0.5 1 4 1 6.5 $928 $1,320.00 $2,248
Oncor Encroachment Guidelines and Application 2 4 1 7 $990 $500.00 $1,490
Subtotal Task 5 0.5 3 8 2 13.5 $1,918 $1,820 $3,740
PROJECT TOTALS 26 24 221.5 453 2 8 8 12 60 25 102 6 947.5 $140,413 $8,270 $148,690
A:\53000s\53582\001\Admin\Contracts\Working\EXHIBIT B-1 - North Colony to Squires Trail (Option 1)56
Project Phases and Tasks
Team LeaderQC ManagerProject ManagerEngineer in TrainingSUE Project ManagerSUE Field Manager2-Man Designating CrewRPLS2-Man Survey CrewSurvey Technician3-Man Survey CrewCADD TechnicianClerical/ Administrative SupportEffort SubtotalFee SubtotalDirect CostsProject TotalTask 1: Survey Services
Design Surveys 10 45 14 69 $11,180 $50.00 $11,230
Subtotal Task 1 10 45 14 69 $11,180 $50.00 $11,230
Task 2: Subsurface Utility Engineering (SUE)
Quality Level D 1 6 4 8 19 $2,385 $2,385
Quality Level C 6 4 8 18 $2,220 $2,220
Quality Level A 0.5 1 2 6 6 1 2 18.5 $2,088 $6,000.00 $8,088
Franchise Utility Coordination 0.5 2 4 6.5 $993 $993
Subtotal Task 2 0.5 3.5 17 2 6 6 9 18 62 $7,685 $6,000.00 $13,690
Task 3: Construction Plans, Specifications, and Estimate (PS&E)
Plan Preparation (no. of sheets)
Cover Sheet and Index (1)1 1 1 3 $405 $405
Project General Notes and Legend (1)0.5 1 4 1 6.5 $928 $928
Typical Section (1)1 8 1 10 $1,385 $1,385
Detail Sheets (10)0.5 2 5 5 12.5 $1,633 $1,633
North Colony to Ragan - (1,200 LF)
Survey Control and Project Layout (1)1 4 1 6 $825 $825
Removal Plan (1)1 2 4 1 8 $1,195 $1,195
Paving Plan and Profile (3)1.5 9 30 3 43.5 $6,293 $6,293
Grading Plan (2)1 12 20 3 36 $5,285 $5,285
Erosion Control Plan (2)1 8 3 12 $1,585 $1,585
Pavement Marking and Signage Plan (1)0.5 1 2 2 5.5 $748 $748
Cross Sections (3)0.5 1.5 9 1.5 12.5 $1,760 $1,760
Taylor to Powers - (1,000 LF)
Survey Control and Project Layout (1)0.5 4 1 5.5 $743 $743
Removal Plan (2)1 2 12 1 16 $2,315 $2,315
Paving Plan and Profile (3)1 9 30 2 42 $6,090 $6,090
Grading Plan (2)1 12 20 2 35 $5,185 $5,185
Pavement Marking and Signage Plans (2)0.5 1 4 1 6.5 $928 $928
Erosion Control Plans (2)0.5 2 8 1 11.5 $1,653 $1,653
Project Manual and Specifications
60% Project Manual 2 8 4 14 $2,290 $2,290
90% Project Manual 1 4 8 13 $1,985 $1,985
Final Project Manual 1 4 4 9 $1,425 $1,425
EXHIBIT "B-1" (OPTION 2)
(SUPPLEMENT TO EXHIBIT "B")
PARTIAL TRAIL SEGMENT 2A & 1A-3A CONNECTION
CITY OF THE COLONY
ESTIMATED PROJECT EFFORT
A:\53000s\53582\001\Admin\Contracts\Working\EXHIBIT B-1 - North Colony to Squires Trail (Option 2)57
Project Phases and Tasks
Team LeaderQC ManagerProject ManagerEngineer in TrainingSUE Project ManagerSUE Field Manager2-Man Designating CrewRPLS2-Man Survey CrewSurvey Technician3-Man Survey CrewCADD TechnicianClerical/ Administrative SupportEffort SubtotalFee SubtotalDirect CostsProject TotalEXHIBIT "B-1" (OPTION 2)
(SUPPLEMENT TO EXHIBIT "B")
PARTIAL TRAIL SEGMENT 2A & 1A-3A CONNECTION
CITY OF THE COLONY
ESTIMATED PROJECT EFFORT
OPCC
60% OPCC 0.5 4 8 12.5 $1,883 $1,883
90% OPCC 0.5 2 4 6.5 $993 $993
Final OPCC 0.5 1 4 5.5 $828 $828
Submittals and QAQC
60% QAQC 6 6 12 $2,760 $2,760
60% Submittal Comments 4 6 30 16 2 58 $7,760 $7,760
90% QAQC 4 6 10 $2,170 $2,170
90% Submittal Comments 2 3 15 8 2 30 $3,955 $3,955
Final QAQC 4 6 10 $2,170 $2,170
Final Submittal Comments 1 4 8 4 2 19 $2,535 $2,535
Subtotal Task 3 22 14 113 258 58.5 6 471.5 $69,705 $69,710
Task 4: Bidding, Construction, Closure
Construction Administration
Bidder Questions 1 4 8 13 $1,985 $1,985
Pre-Bid Meeting (1)4 6 10 $1,500 $50.00 $1,550
Addendum (2)1 4 5 $725 $725
Bid Opening (1)4 4 8 $1,220 $50.00 $1,270
Bid Tabulation and Contractor Recommendation 2 8 10 $1,450 $1,450
Conformed Bid Documents 2 8 10 $1,450 $1,450
Pre-Construction Meeting (1)4 6 10 $1,500 $50.00 $1,550
Monthly Progress Meetings (10)20 20 $3,300 $200.00 $3,500
Review Shop Drawings, Submittals and Testing Reports 8 40 48 $6,920 $6,920
Site Visits, Pay Applications, Contract Amendments 20 10 30 $4,700 $50.00 $4,750
As-Built Drawings 2 8 10 $1,130 $1,130
Subtotal Task 4 1 71 94 8 174 $25,880 $400.00 $26,280
Task 5: Permitting
Texas Department of Licensing and Review (TDLR)0.5 1 4 1 6.5 $928 $1,320.00 $2,248
Oncor Encroachment Guidelines and Application 2 4 1 7 $990 $500.00 $1,490
Subtotal Task 5 0.5 3 8 2 13.5 $1,918 $1,820 $3,740
PROJECT TOTALS 24 14 190.5 377 2 6 6 10 45 23 86.5 6 790 $116,368 $8,270 $124,650
A:\53000s\53582\001\Admin\Contracts\Working\EXHIBIT B-1 - North Colony to Squires Trail (Option 2)58
Project Phases and Tasks
Team LeaderQC ManagerProject ManagerEngineer in TrainingSUE Project ManagerSUE Field Manager2-Man Designating CrewRPLS2-Man Survey CrewSurvey Technician3-Man Survey CrewCADD TechnicianClerical/ Administrative SupportEffort SubtotalFee SubtotalDirect CostsProject TotalTask 1: Survey Services
Design Surveys 8 30 12 50 $8,160 $50.00 $8,210
Subtotal Task 1 8 30 12 50 $8,160 $50.00 $8,210
Task 2: Subsurface Utility Engineering (SUE)
Quality Level D 1 6 2 4 13 $1,695 $1,695
Quality Level C 6 2 4 12 $1,530 $1,530
Quality Level A 0.5 1 2 4 4 1 2 14.5 $1,728 $3,000.00 $4,728
Franchise Utility Coordination 0.5 2 4 6.5 $993 $993
Subtotal Task 2 0.5 3.5 17 2 4 4 5 10 46 $5,945 $3,000.00 $8,950
Task 3: Construction Plans, Specifications, and Estimate (PS&E)
Plan Preparation (no. of sheets)
Cover Sheet and Index (1)1 1 1 3 $405 $405
Project General Notes and Legend (1)0.5 1 4 1 6.5 $928 $928
Typical Section (1)0.5 6 1 7.5 $1,023 $1,023
Detail Sheets (8)0.5 2 4 4 10.5 $1,393 $1,393
Taylor to Powers - (1,000 LF)
Survey Control and Project Layout (1)0.5 4 1 5.5 $743 $743
Removal Plan (2)1 2 12 1 16 $2,315 $2,315
Paving Plan and Profile (3)1 9 30 2 42 $6,090 $6,090
Grading Plan (2)1 12 20 2 35 $5,185 $5,185
Pavement Marking and Signage Plans (2)0.5 1 4 1 6.5 $928 $928
Erosion Control Plans (2)0.5 2 8 1 11.5 $1,653 $1,653
Project Manual and Specifications
60% Project Manual 2 8 4 14 $2,290 $2,290
90% Project Manual 1 4 8 13 $1,985 $1,985
Final Project Manual 1 4 4 9 $1,425 $1,425
EXHIBIT "B-1" (OPTION 3)
(SUPPLEMENT TO EXHIBIT "B")
TRAIL SEGMENT 1A-3A CONNECTION
CITY OF THE COLONY
ESTIMATED PROJECT EFFORT
A:\53000s\53582\001\Admin\Contracts\Working\EXHIBIT B-1 - North Colony to Squires Trail (Option 3) asdfasdf 59
Project Phases and Tasks
Team LeaderQC ManagerProject ManagerEngineer in TrainingSUE Project ManagerSUE Field Manager2-Man Designating CrewRPLS2-Man Survey CrewSurvey Technician3-Man Survey CrewCADD TechnicianClerical/ Administrative SupportEffort SubtotalFee SubtotalDirect CostsProject TotalEXHIBIT "B-1" (OPTION 3)
(SUPPLEMENT TO EXHIBIT "B")
TRAIL SEGMENT 1A-3A CONNECTION
CITY OF THE COLONY
ESTIMATED PROJECT EFFORT
OPCC
60% OPCC 0.5 2 4 6.5 $993 $993
90% OPCC 0.5 1 2 3.5 $548 $548
Final OPCC 0.5 1 2 3.5 $548 $548
Submittals and QAQC
60% QAQC 2 4 6 $1,250 $1,250
60% Submittal Comments 0.5 2 10 8 1 21.5 $2,708 $2,708
90% QAQC 1 2 3 $625 $625
90% Submittal Comments 0.5 2 8 4 1 15.5 $2,028 $2,028
Final QAQC 0.5 1 1.5 $313 $313
Final Submittal Comments 0.5 1 6 2 1 10.5 $1,383 $1,383
Subtotal Task 3 12 3.5 63 141 29 3 251.5 $36,753 $36,750
Task 4: Bidding, Construction, Closure
Construction Administration
Bidder Questions 1 2 4 7 $1,095 $1,095
Pre-Bid Meeting (1)2 4 6 $890 $50.00 $940
Addendum (2)1 4 5 $725 $725
Bid Opening (1)4 4 8 $1,220 $50.00 $1,270
Bid Tabulation and Contractor Recommendation 2 8 10 $1,450 $1,450
Conformed Bid Documents 2 8 10 $1,450 $1,450
Pre-Construction Meeting (1)4 6 10 $1,500 $50.00 $1,550
Monthly Progress Meetings (6)6 6 $990 $200.00 $1,190
Review Shop Drawings, Submittals and Testing Reports 3 20 23 $3,295 $3,295
Site Visits, Pay Applications, Contract Amendments 8 4 12 $1,880 $50.00 $1,930
As-Built Drawings 2 4 6 $730 $730
Subtotal Task 4 1 36 62 4 103 $15,225 $400.00 $15,630
Task 5: Permitting
Texas Department of Licensing and Review (TDLR)0.5 1 4 1 6.5 $928 $1,320.00 $2,248
Subtotal Task 5 0.5 1 4 1 6.5 $928 $1,320 $2,250
PROJECT TOTALS 14 3.5 103.5 224 2 4 4 8 30 17 44 3 457 $67,010 $4,770 $71,790
A:\53000s\53582\001\Admin\Contracts\Working\EXHIBIT B-1 - North Colony to Squires Trail (Option 3) asdfasdf 60
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH HALFF
ASSOCIATES, LLC FOR DESIGN SERVICES FOR THE PARK
LOOP TRAIL EXTENSION FROM NORTH COLONY TO
SQUIRES DRIVE ALONG THE ONCOR EASEMENT AND THE
AQUATIC PARK TRAIL CONNECTION FROM FIRE STATION 2
TO TAYLOR STREET TO BE FUNDED BY COMMUNITY
DEVELOPMENT CORPORATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best interest of the
citizens to execute a Professional Services Agreement with Halff Associates, LLC for
design services for the Park Loop Trail Extension from North Colony to Squires Drive
along the Oncor easement and the Aquatic Park Trail Connection from Fire Station 2 to
Taylor Street; and
WHEREAS,the City of The Colony agrees to pay the design cost for the overall
project in the amount of $148,690.00 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 Professional Services Agreement with Halff Associates, LLC.
Section 2.The City Manager is hereby authorized to execute the agreement
for said project.
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 THE 21ST DAY OF MARCH 2023.
______________________________
Richard Boyer, Mayor
City of The Colony, Texas
61
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
62
Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: March 21, 2023
Submitted by: Tina Stewart
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the city manager to execute a contract with Wilson Contractor
Services in the amount of $155,456.20, for emergency repair of the sewer main collapse near the alley behind
the properties at 4620 and 4624 Archer drive. (Whitt)
Suggested Action:
The Public Works building houses 58 employees, under its current configuration 56 male employees must
share a restroom that is furnished with one toilet, one sink and three urinals. It has no accommodations for
changing out of soiled work clothes, showers or enough lockers for all 56 employees.
The women’s restroom will not provide additional facilities except for a shower, changing bench and extra
lockers.
City Staff has been working with Huitt Zolliars on a proposed addition which would provide male employees with
5 urinals, 5 toilets, one shower, four sinks, changing benches and lockers for all employees. Both men’s and
women’s locker rooms will meet all ADA requirements.
Under the old contract the Public Works facilities were mowed by two different contractors. In addition not all
locations were even being mowed and per the contract no edging or trimming was performed to any inside
structures. Also, the contract did not provide a provision for trimming the perimeter fencing from over hanging
tree limbs or foliage that grows into the fencing.
This new contract includes all Public Works facilities (water towers, lift stations, ground storage) also includes
edging and trimming all internal structures and keeping our tree line clean and clear.
Attachments:
4624 and 4620 Archer Drive.doc
Quote
Restroom Addition Proposal.doc
Res. 2023-xxx Wilson Contractor Services.docx
63
City of The Colony - 6800 Main Street - The Colony, Texas 75056 (972) 625-1756
www.TheColonyTX.gov
From:James Whitt, Director of Public Works
Sent:Wednesday, March 8, 2023
To:City Secretary Office
Subject: Sewer Main Collapse at 4624 and 4620 Archer Drive
On March 3, 2023 the Colony Public Works Department was notified of a sewer main collapse
near the alley behind the properties at 4624 and 4620 Archer Drive. This line runs from a
manhole located in the middle of Archer Drive to a second manhole located to the north behind
the residents across the alley and near The Colony Fire Station 3. The line is approximately 175
feet long and runs between the homes at 4624 and 4620 Archer Drive in a five foot utility
easement on the west property line of 4624 Archer Drive.
The sewer line is a 30 inch gravity line that has collapsed and has created a pit approximately
15 feet by 15 feet and 12 feet in depth. It is located at the rear of the backyard of 4624 Archer
Drive. The integrity of the sewer line between manholes has been confirmed as compromised
and is near further collapse.
This is the second collapse on this line in the last six months, the first collapse occurred behind
the Fire Station 3 near the alley and presented no risk to private property. The emergency repair
for the first collapse cost $32,075.36 and was completed by Wilson Contractor Services. The
City was very pleased with the response and the quality of work performed by Wilson Contractor
Services.
Public Works has been working with our Engineering Department to include this sewer line as a
CIP project foe next year, it was our hope that the line would hold until that time.
This emergency repair is to replace both manholes and the 30 inch line between them, minus
the section already repaired. The cost for this repair is $155,456.20 and will be performed by
Wilson Contractor Services. This is an urgent emergency repair due to the proximity of the
sewer main collapse and the home at 4624 Archer Drive.
64
65
March 9, 2023
Mr. James Whitt, MSCM
Director of Public Works
City of The Colony
#1 Harris Plaza
The Colony, Texas 75056
Ref:Expansion of the Public Works Building located at #1 Harris Plaza
Dear Mr. Whitt:
Huitt-Zollars, Inc. (Huitt-Zollars) appreciates the opportunity to provide our proposal for professional
architectural and engineering services to the City of The Colony (City) for a new, (approximately
1,000 SF) restroom, shower, and locker room addition to the existing Public Works Building located
at #1 Harris Plaza, The Colony, Texas. Our proposal is based upon the following scope of
services, compensation, and schedule. The terms and conditions shall be per the City’s Standard
Agreement for Professional Services.
BASIC SERVICES:
1.Based on the City approved Schematic Design Plan (dated January 31, 2022),
preparation of Design Development Documents, Construction Documents and
Construction Administration Services. These services include Architectural,
Mechanical / Electrical / Plumbing Engineering, Fire Protection Specifications,
and Structural Engineering.
2.Construction Administration services include; 6 on-site meetings for Architectural
services, 2 site visits each for Mechanical / Plumbing Engineer, Electrical
Engineer, and Structural Engineer (12 site visits total for Project team).
3.From the completed Facilities Condition Assessment Report (dated November 2,
2022) - Design Development and Construction Documents, for only the following
Site and Building deficiencies noted in the FCA report:
a. Site and Building ADA compliance issues.
b. Replace or reverse the swing of Plan Room Door.
c. Repair the plastic laminate kitchen counter tops.
d. Replace the existing thru wall Air-Conditioning unit.
e. Repair as required the existing 6-gallon water heater
and relief valve discharge.
All other deficiencies noted in the FCA report are included in Special Services.
4.Deliverables:
a. 100% Design Development Documents.
b. 50% Construction Documents (for review).
c. 95% Construction Documents and Specifications (for
review).
d. 100% Construction Documents and Specifications.
66
COMPENSATION:
1.0 $98,000 Lump Sum
2.0 Invoicing
Invoices will be submitted monthly. Lump sum tasks shall be invoiced based
upon percentage of work completed. Reimbursable expenses shall be billed at
cost plus a 10% overhead mark-up.
SCHEDULE:
We anticipate the following project schedule from Notice to Proceed:
Design Development - Construction Documents 14 weeks
SPECIAL SERVICES:
1. From the completed Facilities Condition Assessment Report (dated November 2,
2022) preparation of Design Development and Construction Documents, for all of the
Building deficiencies noted in the FCA report: (except the 5 items noted previously
that are included in Basic Services.)
2. Construction Administration services include: Construction Administration services
include; 6 on-site meetings for Architectural services, 2 site visits each for Mechanical
/ Plumbing Engineer, Electrical Engineer, and Structural Engineer (12 site visits total
for Project team).
3. Deliverables:
a. 100% Design Development Documents.
b. 50% Construction Documents (for review).
c. 95% Construction Documents and Specifications (for
review).
d. 100% Construction Documents and Specifications.
EXCLUSIONS:
Any Hazardous Materials testing.
1. New Water and Sewer site infrastructure lines – to be provided by the City.
COMPENSATION:
1.0 $45,000.00 Lump Sum
2.0 Invoicing
67
Invoices will be submitted monthly. Lump sum tasks shall be invoiced based upon
percentage of work completed. Reimbursable expenses shall be billed at cost plus
a 10% overhead mark-up.
SCHEDULE:
We anticipate the following project schedule from Notice to Proceed:
Design Development - Construction Documents can be completed within the same 14
week time frame as Basic Services, if done simultaneously.
Sincerely
Huitt-Zollars, Inc.
Kirby Chadwell, AIA
Vice President
James Whitt, MSCM
Director of Public Works
68
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH WILSON CONTRACTOR SERVICES
FOR EMERGENCY REPAIR OF THE SEWER MAIN COLLAPSE NEAR
THE ALLEY BEHIND THE PROPERTIES AT 4620 AND 4624 ARCHER
DRIVE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas (the “City”), desires to obtain the services of
Wilson Contractor Services for the emergency repair of the sewer main collapse near the alley
behind the properties at 4620 and 4624 Archer Drive; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Contract with Wilson Contractor Services; and
WHEREAS, with said Contract, the City is agreeing to pay the sum of $155,456.20 for
such work.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.The Contract, having been reviewed by the City Council of the City of The
Colony, Texas, is found to be acceptable and in the best interest of the City and its citizens, be, and
the same is hereby, in all things approved.
Section 2. The City Manager is hereby authorized to execute said Contract on behalf of the
City of The Colony, Texas.
Section 3.This Resolution shall take effect immediately from and after its adoption and it
is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 21ST DAY OF MARCH 2023.
______________________________
Richard Boyer, Mayor
ATTEST:City of The Colony, Texas
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
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Agenda Item No:4.5
CITY COUNCIL Agenda Item Report
Meeting Date: March 21, 2023
Submitted by: Tina Stewart
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to award a bid to Yellowstone Landscaping in the
amount of $83,402.34 for citywide mowing surrounding pump stations, storage tanks, and lift stations needed
throughout the city. (Whitt)
Suggested Action:
Attachments:
Yellowstone Landscaping.pdf
Res. 2023-xxx Yellowstone Landscaping Mowing Services.doc
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2022 - ______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AWARDING A BID FOR ANNUAL MOWING SERVICES TO
YELLOWSTONE LANDSCAPING AS SPECIFIED IN THE
ATTACHED EXHIBIT “A” BID SUMMARY; AND PROVIDING
AN EFFECTIVE DATE
WHEREAS,the annual seasonal mowing services surrounding pump stations,
storage tanks, and lift stations is needed throughout the city; and
WHEREAS,bids were received and evaluated with a bidder selected for Public
Works Mowing projects; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.As identified in Exhibit “A”the annual seasonal mowing
surrounding Public Works and Water Production facilities is to be awarded to
Yellowstone Landscaping for $83,402.34 for such work.
Section 2.The City Manager or his designee is authorized to issue
appropriate purchase orders(s) in accordance with the bid awarded.
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 THE 21ST DAY OF MARCH 2023.
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
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APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
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Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: March 21, 2023
Submitted by: Isaac Williams
Submitting Department: Planning
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss, and consider an ordinance regarding amendments to the Comprehensive
Zoning Ordinance amending Appendix A, Section 17A by amending Subsection 17A-1100 entitled
“Recommended plant list”; and amending Section 10A by amending Subsection 10A-800 entitled “Texas
SmartScape® Plant List.” (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use and staff
recommendations.
Attachments:
SI23-0002 CC Staff Report - Text Amendment - Landscape plants update.doc
SI23-0002 Plant List - Draft Ordinance.doc
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CITY COUNCIL REPORT
AGENDA DATE:March 21, 2023
DEPARTMENT:Planning Department
SUBJECT: SI23-0002 Text Amendment Section 17A Recommended Plant List and
Section 10A-800 Texas SmartScape®; Plant List.
Conduct a public hearing, discuss and consider an ordinance regarding amendments to the
Comprehensive Zoning Ordinance by amending Appendix A, Section 17A, subsection 17A-
1100 “Recommended Plant List”, and by amending Appendix A, Section 10A, subsection 10A-
800 entitled “Texas SmartScape Plant List”.
BACKGROUND
During customary staff review and maintenance of the Zoning Ordinance, Staff found the
Landscape Ordinance's “Recommended plant list,” drafted and in use since 1997, contained
limited options and invasive and problematic species. The City also utilizes a second
recommended plant list within the areas of the Gateway Overlay District. The Gateway Overlay
District’s “Texas SmartScape®; Plant List” adopted 2013, was also found to have problematic
species. Texas SmartScape TM is a program of the North Central Texas Council of Governments
that contains over 400 approved plants. As the SmartScape Program is trademarked, the Texas
SmartScape®; Plant List will be renamed the Gateway Overlay District plant list.
Updating the plant lists will remove species considered invasive by the USDA, like Japanese
honeysuckle, from the Texas SmartScape Allowable List. Updates also consider removing
plants with known longevity and maintenance issues like the Aristocrat pear, and Red tip
photinia. The revised lists will also use consistent capitalization of plant names between the
plant lists.
An additional tree list is maintained by The Tree Board. The Tree Board is an advisory board
that develops a work plan each year to assist the City with the care, maintenance, planting, and
preservation of trees on public property. The Tree board provided a list of trees to begin from
and was consulted on amendments to both tree lists.
A recommendation to update plant lists was presented to the Ordinance Review Committee
(ORC) on 1/13/2020; the ORC supported an update to the text with two suggestions.
Using the Tree Board’s list as the starting point
Removing Ash trees from the suggested list due to the Emerald Ash Borer
The Planning Department compiled and developed plant lists from multiple regional plant
advisory organizations including Texas SmartScape, Trinity Forks Native Plant Society, TAMU
Agrilife’s Top 100 Plants for North Texas, TAMU Earth-Kind Plant Selector. Selections were
scored by Backland Prairie soils, heat tolerance, water use, drought tolerance and USDA zone.
The City’s Parks and Recreation Department suggested additional plantings, solicited comments
from the Tree Board for tree changes, considered invasiveness, and provided input on plants
based on experience with plants in the field.
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The need for consistent and contemporary plant recommendations and regulations substantiates
an update to the “Recommended plant list” and the “Texas SmartScape®; Plant List.”
The Planning and Zoning Commission previously considered and recommended approval of a
proposed “Recommend plant list” and “Texas SmartScape®; Plant List” on the 5/10/22. City
staff is offering amended plant listings and to allow for refined input from the City’s Parks
Department, and to correct native declarations.
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CONSIDERATIONS
The proposed ordinance revisions are as follows:
EXISTING VERSION (Recommended plant list)
(17A-1100) Recommended plant list
Large Trees Small Trees Evergreen Shrubs Ground Cover Prohibited Tree List
American elm Cherry laurel Abelia Asian jasmine Arizona Ash
Aristocrat pear Crepe myrtle Burford holly Boston ivy Cottonwood
Austrian pine Mexican plum Dwf. Yaupon holly English ivy Green ash
Bald cypress Nellie R. Stevens holly
Elaeagnus Honeysuckle Hackberry
Bradford pear Possum haw Nellie R. Stevens holly Liriope Mulberry
Bur oak Purple plum Red tip photinia Monkey grass Silver maple
Chinese pistache Red bud Vinca Sycamore
Eastern red cedar Washington hawthorn Virginia creeper Willow
Japanese black pine Wax myrtle
Live oak Yaupon holly
Red oak
Southern magnolia
Sweetgum
Texas ash
EXISTING VERSION (Texas SmartScape®; Plant List) 10A-800; Plant List
10A-800 Table 1
Allowed Trees
Large Canopy Trees Ornamental Trees Urban Trees
Bald Cypress American Smoketree Chinese Pistache
Burr Oak Carolina Buckthorn Ginkgo
Cedar Elm Crepe Myrtle (tree form)Lacey Oak
Chinquapin Oak Desert Willow Teddy Bear Magnolia
Chinese Pistache Dogwood
Ginkgo Eve's Necklace
Lacebark Elm Flameleaf Sumac
Live Oak Golden Raintree
Montezuma Cypress Italian Cypress
Pecan Lacey Oak
Pond Cypress Mexican Buckeye
Red Oak Possumhaw Holly
Southern Magnolia Redbud
Texas Ash Savannah Holly
Teddy Bear Magnolia
Viburnum
Vitex
Wax Myrtle
Yaupon Holly
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Allowed Shrubs and Grasses
Shrubs/Parking Lot
Screening (maximum
mature height = 4 feet)
Shrubs/Perimeter
(maximum height = 6
feet)Other Allowed Shrubs and Ornamental Grasses
Agarito Austrian Black Pine American Beautyberry
Boxwood Cleyera Apache Plume
Dwarf Abelia Eastern Red Cedar Aralia
Dwarf Burford Holly Foster Holly Aucuba
Dwarf Texas Sage Leyland Cypress Autumn Sage
Elaeagnus
(Silverberry)Little Gem Magnolia Azalea
Euonymus Nelly R. Steven’s Holly Barberry
Grayleaf Contoneaster Sweet Viburnum Black Dalea
Indian Hawthorn Waxleaf Ligustrum Burning Bush
Juniper Chinese Fringe Flower
Nandina Desert Spoon
Dwarf Crepe Myrtle
Flowering Quince
Holly (multiple varieties)
Horizontal Cotoneaster
Leatherleaf Mahonia
Pampas Grass
Red Yucca
Rose (shrub form)
Spirea
10A-800 Table 3
Allowed Vines, Turf and Groundcover and Prohibited Plants
Vines Turf and Groundcover Prohibited Plant Materials
Boston Ivy Ajuga Bois D' Arc
Carolina Jasmine Asian Jasmine Bradford Pear
Confederate Star
Jasmine
Bermuda Grass Catalpa
Coral Honeysuckle Buffalo Grass Cottonwood
Crossvine Creeping Juniper Hackberry
English Ivy Fountain Grass Lombardy Poplar
Japanese Honeysuckle Liriope (Monkey
Grass)
Mesquite
Rose (climbing
variety)
Mondo Grass Mimosa
Trumpet Vine Purple Wintercreeper Mulberry
Virginia Creeper Tall Fescue Red Tip Photinia
Zoysia Siberian Elm
Silver Maple
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PROPOSED REVISION Appendix A, Section 17A of the Comprehensive Zoning Ordinance, by amending Section
17A-1100, entitled “Recommended plant list,” is hereby amended by completely repealing and replacing the list
“Recommended plant list” with a table which shall read as follows:(17A-1100) Recommended plant list.
Large Trees:Small Trees:Evergreen Shrubs:Ground Cover /
Turfgrass /Vines:
Prohibited
Tree List:
Bald cypress N American smoke tree N Abelia Ajuga (Bugleweed)Ash
Big tooth maple N Carolina buckthorn N Agarita N Asian jasmine Bois d' arc
Bur oak N Crape myrtle Burford holly Liriope Bradford
pear
Caddo maple N Desert willow N Compact cherry-laurel
N Mondo grass Catalpa
Cedar elm N Eastern redbud N Compact Texas sage N Purple wintercreeper Chinese
tallow
Chinese pistache*Eve's necklace N Dwarf abelia Bermuda grass Cottonwood
Chinquapin oak N Flameleaf sumac N Dwarf wax myrtle N Zoysia Hackberry
Eastern red cedar N Golden raintree Dwarf yaupon holly N Buffalograss N Lombardy
poplar
Escarpment live oak
N Little gem magnolia Littleleaf boxwood Boston ivy Mesquite
Ginkgo*Mexican buckeye N Lorepetalum Carolina jessamine N Mimosa
Japanese black pine Mexican plum N Yaupon holly (Will
Flemming)Coral honeysuckle N Mulberry
Lacebark Elm Nellie R. Stevens holly Crossvine N Red tip
photinia
Lacey oak N Possumhaw holly N Virginia creeper N Siberian elm
Live oak N Roughleaf dogwood N Blue carpet juniper Silver maple
Pecan N Rusty blackhaw
viburnum N Blue grama N Sycamore
Pond cypress N Teddy bear magnolia Bluestem, little N Willow
Shumard oak N Texas black cherry N Cast iron plant
Southern magnolia
N Texas mountain laurel N Gulf muhly N
Texas red oak N Texas persimmon N Hameln’s fountain
grass
Texas kidneywood N Creeping germander
Texas redbud N Frog fruit N
Viburnum Holly fern
Vitex Lambs ear
Wax myrtle N Lindheimer’s muhly N
Yaupon holly N White cloud muhly
Phlox (multiple
evergreen varieties)
Winecup N
N Native plant
* Specify male cultivar
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Section 10A, Subsection 10A-800 entitled “Texas SmartScape® Plant List” is hereby amended by completely repealing
and replacing Table 1, Table 2 and Table 3 with new tables, which shall read as follows:
Gateway Overlay District plant list 10A-800 Table 1
Allowed Trees
Large Canopy Trees Ornamental Trees Urban Trees
Bald cypress N American smoke tree N Ginkgo*
Big tooth maple N Carolina buckthorn N Lacey oak N
Bur oak N Crape myrtle Teddy bear
magnolia
Caddo maple N Desert willow N
Cedar elm N Eastern redbud N
Chinese pistache*Eve's necklace N
Chinquapin oak N Flameleaf sumac N
Eastern red cedar N Golden raintree
Escarpment live oak N Little gem magnolia
Ginkgo*Mexican buckeye N
Japanese black pine Mexican plum N
Lacebark Elm Nellie R. Stevens holly
Lacey oak N Possumhaw holly N
Live oak N Roughleaf dogwood N
Pecan N Rusty blackhaw
viburnum N
Pond cypress N Teddy bear magnolia
Shumard oak N Texas mountain laurel N
Southern magnolia N Texas persimmon N
Texas red oak N Texas redbud N
Viburnum N
Vitex
Wax myrtle N
Yaupon holly N
N Native plant
* Specify male cultivar
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N Native plant
* Subject to variety and placement
Gateway Overlay District plant list 10A-800 Table 2
Allowed Shrubs and Grasses
Shrubs/Parking Lot
Screening (Minimum
installed height =18
inches maximum
mature height = 4 feet)
Shrubs/Perimeter
(minimum mature
height = 6 feet)
Other Allowed Shrubs,
Ornamental Grasses, and
seasonal plantings.
Agarita N Compact cherry-laurel N Adams needle yucca N
Compact Texas sage N Texas sage N American beautyberry N
Dwarf abelia Dwarf wax myrtle N Autumn sage N
Dwarf burford holly Eastern red cedar N Burning bush
Dwarf yaupon holly N Glossy abelia Cast iron plant
Littleleaf boxwood Little gem magnolia Dwarf crape myrtle
Lorepetalum Nellie R. Stevens holly Holly fern
Iris
Red yucca N
Salvia (multiple
varieties)*
Softleaf yucca N
Turks cap N
Yaupon holly (Will
Flemming)
Holly (multiple varieties)
Blue grama N
Bluestem, little N
Gulf mulhy N
Lindheimer’s muhly N
Ornamental Cabbage/Kale
Pansy
Snapdragon
Violet (Missouri, sweet)
Sweet potato vine
Cora vinca
Zinnia
Purple coneflower N
Black eyed susan N
Acanthus N
Fall aster N
Firecracker fern
Daylily
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Gateway Overlay District plant list 10A-800 Table 3
Allowed Vines, Turf and Groundcover and Prohibited Plants
Vines Turf and
Groundcover
Prohibited Plant
Materials
Boston ivy Ajuga Ash
Carolina jessamineN Asian jasmine Bois d' arc
Coral honeysuckle N Bermuda grass Bradford pear
Crossvine N Blue carpet juniper Catalpa
Virginia creeper N Buffalograss N Chinese tallow
Hameln’s fountain
grass
Cottonwood
Liriope Hackberry
Mondo grass Lombardy poplar
Purple wintercreeper Mesquite
Phlox (multiple
evergreen varieties)
Mimosa
Winecup N Mulberry
Zoysia Red tip photinia
Siberian elm
Silver maple
Sycamore
Willow
N Native plant
PRIOR ACTION
On January 24, 2023, the Planning and Zoning Commission voted (5-0) to recommend approval of the
proposed amendments to the Comprehensive Zoning Ordinance by amending Appendix A, Section 17A,
subsection 17A-1100 “Recommended Plant List”, and by amending Appendix A, Section 10A, subsection
10A-800 entitled “Texas SmartScape Plant List”.
NOTIFICATION
The Zoning Ordinance requires newspaper notification a minimum of ten (10) days prior to the Planning and
Zoning Commission meeting for text amendments. Notice for this Public Hearing was published in The
Dallas Morning News on Feburary 17th, 2023. No comments, either for or against the text amendment, were
received as of the printing of this packet.
RECOMMENDATION
The Development Review Committee (DRC) recommends approval of the amendments.
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CITY OF THE COLONY, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS, AMENDING APPENDIX A, SECTION 17A OF THE COMPREHENSIVE
ZONING ORDINANCE, BY AMENDING SECTION 17A-1100, ENTITLED
“RECOMMENDED PLANT LIST,” ; BY AMENDING THE COMPREHENSIVE
ZONING ORDINANCE BY AMENDING APPENDIX A, SECTION 10A-800,
ENTITLED “TEXAS SMARTSCAPE® REG; PLANT LIST; BY AMENDING
APPENDIX A , SECTION 10A-700 (a)(1), ENTITLED “SPECIES SELECTION”,
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,Section 211.006(a) of the Texas Local Government Code requires the
City of The Colony, Texas, to publish notice of a public hearing concerning a zoning
amendment before the 15th day before the date of the public hearing; and
WHEREAS,Appendix A, Section 24-101(d) of the Code of Ordinances of the City of
The Colony, Texas, provides the following “[a] public hearing shall be held by City Council
before adopting any proposed amendment, supplement or change. Notice of such hearing shall
be given per the publication policy of the city, stating the time and place of such hearing, and
shall be published a minimum of 15 days prior to the date of the public hearing;” and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of
Ordinances of the City of The Colony, Texas, have given 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 Code of
Ordinances should be amended.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2.That the Code of Ordinances of the City of The Colony, Texas, is hereby
amended by amending Appendix A, Section 17A of the Comprehensive Zoning Ordinance, by
amending Section 17A-1100, entitled “Recommended plant list,” which shall read as follows:
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(17A-1100) Recommended plant list
Large Trees:Small Trees:Evergreen Shrubs:Ground Cover /
Turfgrass /Vines:
Prohibited
Tree List:
Bald cypress N American smoke tree N Abelia Ajuga (Bugleweed)Ash
Big tooth maple N Carolina buckthorn N Agarita N Asian jasmine Bois d' arc
Bur oak N Crape myrtle Burford holly Liriope Bradford
pear
Caddo maple N Desert willow N Compact cherry-laurel
N Mondo grass Catalpa
Cedar elm N Eastern redbud N Compact Texas sage N Purple wintercreeper Chinese
tallow
Chinese pistache*Eve's necklace N Dwarf abelia Bermuda grass Cottonwood
Chinquapin oak N Flameleaf sumac N Dwarf wax myrtle N Zoysia Hackberry
Eastern red cedar N Golden raintree Dwarf yaupon holly N Buffalograss N Lombardy
poplar
Escarpment live oak
N Little gem magnolia Littleleaf boxwood Boston ivy Mesquite
Ginkgo*Mexican buckeye N Lorepetalum Carolina jessamine N Mimosa
Japanese black pine Mexican plum N Yaupon holly (Will
Flemming)Coral honeysuckle N Mulberry
Lacebark Elm Nellie R. Stevens holly Crossvine N Red tip
photinia
Lacey oak N Possumhaw holly N Virginia creeper N Siberian elm
Live oak N Roughleaf dogwood N Blue carpet juniper Silver maple
Pecan N Rusty blackhaw
viburnum N Blue grama N Sycamore
Pond cypress N Teddy bear magnolia Bluestem, little N Willow
Shumard oak N Texas black cherry N Cast iron plant
Southern magnoliaN Texas mountain laurel N Gulf muhly N
Texas red oak N Texas persimmon N Hameln’s fountain
grass
Texas kidneywood N Creeping Germander
Texas redbud N Frog fruit N
Viburnum Holly fern
Vitex Lambs ear
Wax myrtle N Lindheimer’s muhly N
Yaupon holly N White cloud muhly
Phlox (multiple
evergreen varieties)
Winecup N
N Native plant
* Specify male cultivar
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SECTION 3.That the Code of Ordinances of the City of The Colony, Texas, is hereby amended by
amending Appendix A, Section 10A of the Comprehensive Zoning Ordinance, by amending Section 10A-800,
entitled “Texas SmartScape® Plant List,” which shall read as follows:
Gateway Plant List
10A-800 Table 1
Allowed Trees
Large Canopy Trees Ornamental Trees Urban Trees
Bald cypress N American smoke tree N Ginkgo*
Bur oak N Carolina buckthorn N Lacey oak N
Big tooth maple N Crape myrtle Teddy bear
magnolia
Caddo maple N Desert willow N
Cedar elm N Eastern redbud N
Chinese pistache*Eve's necklace N
Chinquapin oak N Flameleaf sumac N
Eastern red cedar N Golden raintree
Escarpment live oak N Little gem magnolia
Ginkgo*Mexican buckeye N
Japanese black pine Mexican plum N
Lacebark Elm Nellie R. Stevens holly
Lacey oak N Possumhaw holly N
Live oak N Roughleaf dogwood N
Pecan N Rusty blackhaw
viburnum N
Pond cypress N Teddy bear magnolia
Shumard oak N Texas mountain laurel N
Southern magnolia N Texas persimmon N
Texas red oak N Texas redbud N
Viburnum N
Vitex
Wax myrtle N
Yaupon holly N
N Native plant
* Specify male cultivar
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N Native plant
*Subject to variety and placement
10A-800 Table 2
Allowed Shrubs and Grasses
Shrubs/Parking Lot
Screening (Minimum
installed height =18
inches maximum
mature height = 4 feet)
Shrubs/Perimeter
(minimum mature
height = 6 feet)
Other Allowed Shrubs,
Ornamental Grasses, and
seasonal plantings.
Agarita N Compact cherry-laurel N Adams needle yucca N
Compact Texas Sage N Texas sage N American beautyberry N
Dwarf abelia Dwarf wax myrtle N Autumn sage N
Dwarf burford holly Eastern red cedar N Burning bush
Dwarf yaupon holly N Glossy abelia Cast iron plant
Littleleaf boxwood Little gem magnolia Dwarf crape myrtle
Lorepetalum Nellie R. Stevens holly Holly fern
Iris
Red yucca N
Salvia (multiple
varieties)*
Softleaf yucca N
Turks cap N
Yaupon holly (Will
Flemming)
Holly (multiple varieties)*
Blue grama N
Bluestem, little N
Gulf mulhy N
Lindheimer’s muhly N
White cloud muhly
Ornamental Cabbage/Kale
Pansy
Snapdragon
Violet (Missouri, Sweet)
Sweet potato vine
Cora vinca
Zinnia
Purple coneflower N
Black eyed susan N
Acanthus N
Fall aster N
Firecracker fern
Daylily
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10A-800 Table 3
Allowed Vines, Turf and Groundcover and Prohibited Plants
Vines Turf and
Groundcover
Prohibited Plant
Materials
Boston ivy Ajuga Ash
Carolina jessamine N Asian jasmine Bois d' arc
Coral honeysuckle N Bermuda grass Bradford pear
Cross vine N Blue carpet juniper Catalpa
Virginia creeper N Buffalograss N Chinese tallow
Hameln’s fountain
grass
Cottonwood
Liriope Hackberry
Mondo grass Lombardy poplar
Winecup N Mesquite
Purple wintercreeper Mimosa
Phlox (multiple
evergreen varieties)
Mulberry
Zoysia Red tip photinia
Siberian elm
Silver maple
Sycamore
Willow
N Native plant
SECTION 4.If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent
jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City
Council hereby declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with
the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of
the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and
effect.
SECTION 6.Any person, firm, or corporation violating any of the provisions of this Ordinance shall
be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony,
Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each
offense. Every day a violation occurs shall constitute a separate offense.
SECTION 7. This Ordinance shall become effective from and after its date of passage in accordance
with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS, THIS day of , 2023.
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Richard Boyer, Mayor
ATTEST:
Tina Stewart, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: March 21, 2023
Submitted by: Isaac Williams
Submitting Department: Planning
Item Type: Ordinance
Agenda Section:
Subject:
Discuss and consider approving the Site Plan application of “Fireside Surf,” an approximately 16,359
square-foot Commercial Amusement facility within Lot 3R, Block B of the Lifestyle Center of Grandscape,
containing approximately 0.376 acres, and located northeast of the intersection of Destination Drive and Grove
Lane with the Planned Development 25 (PD-25). (Williams)
Suggested Action:
Attachments:
SP22-0011 CC Staff Report Fireside Surf- Site Plan.doc
SP22-0011 CC Fireside Surf- with exhibits.pdf
Ord. 2023-xxxx Fireside Surf Site Plan.docx
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CITY COUNCIL REPORT
AGENDA DATE:March 21, 2023
DEPARTMENT:Planning Department
SUBJECT:SP22-0011 – Fireside Surf - Site Plan
Discuss and consider approving the Site Plan application of “Fireside Surf,” an approximately
16,359 square-foot Commercial Amusement facility within Lot 3R, Block B of the Lifestyle
Center of Grandscape, containing approximately 0.376 acres, and located northeast of the
intersection of Destination Drive and Grove Lane with the Planned Development 25 (PD-25),
Grandscape.
OWNER/APPLICANT
Owner:LMG Ventures, LLC Omaha, Nebraska
Applicant:WenLing Chiu Lewisville, Texas
Parkway Construction
EXISTING CONDITION OF PROPERTY
The subject site is currently undeveloped.
ADJACENT ZONING AND LAND USE
North - Planned Development 25 (PD-25) – Grandscape Lifestyle Center
South - Planned Development 25 (PD-25) – Grandscape Lifestyle Center
East - Planned Development 25 (PD-25) – Grandscape Lifestyle Center
West -Planned Development 25 (PD-25) – Grandscape Lifestyle Center
PROPOSED DEVELOPMENT
The applicant proposes the development of a Commercial Amusement (outside) facility that
offers an approximately 2,195 square foot surfing wave pool, 3,135 square foot restaurant/bar,
1,554 square foot locker room building including pool decking, patios, cabanas, trellis cover,
large video screen, hot tub, and LED fireball sculpture.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) finds the Site Plan meets the requirements of the
PD-25 Ordinance, The Colony Code of Ordinances, Appendix A, Zoning Ordinance and other
applicable ordinances as outlined in the Staff Report and recommends approval.
PRIOR ACTION
On February 28, 2023, the Planning and Zoning Commission voted (6-0) to recommend approval
of the Site Plan for “Fireside Surf,” an approximately 16,359 square-foot Commercial
Amusement facility within Lot 3R, Block B of the Lifestyle Center of Grandscape, containing
approximately 0.376 acres, and located northeast of the intersection of Destination Drive and
Grove Lane with the Planned Development 25 (PD-25), Grandscape.
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ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Site Plan Exhibits
4. Applicant Narrative
ATTACHMENT 1
Staff Analysis
Land Use Analysis
The applicant is proposing to develop a portion of the Lifestyle Center as a commercial
amusement (outside) facility for a surfing wave pool amusement facility. Commercial
Amusement uses are allowed by-right in the Planned Development 25 (PD-25). Development,
and is consistent with other proposed commercial amusement facilities such as Fritz’s Adventure
and World Springs.
Elevations
The elevation plan reflects a contemporary aesthetic with elevations consisting predominately of
stucco, flagstone, mosaic stone, wood and artificial green walls panels. The color palette mainly
consists of brown, gray, and green. The color selection and percentages are consistent with other
projects within the overall development.
Circulation and Parking
The subject site is an interior building and will not contain any, typical, parking adjacent to the
building. The parking will be provided out of the existing parking fields to the north across
Grandscape Boulevard and from the adjacent Garage 3. The proposed development requires 35
parking spaces; the aforementioned parking areas provide the required parking for the site.
Landscaping
The proposed development will contain artificial palm trees, artificial green walls and seasonally
decorated floral planters.
The proposed development is located within and adjacent to the Lifestyle Center 2C interior. The
2C interior is established as a centralized shared amenity area containing fountains, seating,
landscape and an event lawn. This area contains a variety of large and, small ornamental trees,
shrubs, and ground cover consistent with the overall landscape intents of the Grandscape Lifestyle
Center. A majority of the overall development’s landscape requirements are fulfilled within the
2C interior; the subject site’s required 10% landscape dedication is provided within the
approximately 302,824 square feet of landscape within the 2C interior amenity.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) finds the Site Plan meets the requirements of the
PD-25 Ordinance, The Colony Code of Ordinances, Appendix A, Zoning Ordinance and other
applicable ordinances as outlined in the Staff Report and recommends approval.
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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: SP22-0011 - Fireside Surf
SP22-0011
Plann ed Development, PD25
SubjectArea
112
1000 Civic Circle
Lewisville, TX 75067
Main Phone: 972-221-1979
www.parkwayconstruction.com
Fireside Surf – Narrative
We are presenting you a unique project located in the heart of Grandscape,
called Fireside Surf.
Fireside Surf brings to Grandscape, a climate-controlled, standing wave surfing
facility where people ages 7 and up can learn to surf using real surfboards. This
surfing platform, powered by Citywave, is also suitable for expert surfers to
practice their latest tricks and techniques. The project seeks to provide
customers with a fun surfing experience without the need to go to the beach.
Surrounding this eye-catching experience is a full-service restaurant and bar
where every seat will be a front row to surfing action.
The overall design along the entry path from the parking lot into the site is to
be open as much as can be for passersby to be able to see the surfing activities.
The design emphasizes the resort atmosphere and laid-back surfer style that
stands as an oasis within a concrete jungle. The overall design for the façade is
to be articulated with stack flag stones, Green Wall, and lavish landscape
elements accompanied by two giant Surf Boards as sign elements to attract
customers entering the site.
The Citywave surfing technology is the first and only technology that allows a
beginning surfer to learn how to surf in the safe, controlled environment of a
standard size pool. The typical surf ride begins when a surfer stands at the
edge of the pool and is helped onto the wave by a professionally trained surf
instructor-lifeguard. The surfer can hold hands with the instructor and receive
instruction on how to stand and maneuver the surfboard. Once the surfer gets
their balance, they can control the board to the middle of the wave heading
back and forth across the wave front until they lose balance and fall into the
water. Once in the water, they are gently carried to the back of the pool where
the water disappears under the standing area and the surfer walks out of the
113
1000 Civic Circle
Lewisville, TX 75067
Main Phone: 972-221-1979
www.parkwayconstruction.com
pool and picks up their surfboard to get back in line for another ride. Each rider
will share the wave, going one at a time, with up to 11 other surfers.
Expert surfers can use the wave in the same fashion to perfect their tricks
before they try them in the open ocean.
The amazing part of this treadmill for surfers is that the water can, at the touch
of a button from the lifeguard, disappear within three seconds, making it very
safe to the users.
The water used for the pool is to be maintained annually following the city
standard which is to be dechlorinated through our dichlorination system with
less than 0.1 ppm of chlorine left and will be discharged in a rate no more than
50 GPM into the sanitary sewer system.
Surrounding this incredible surfing machine will be excellent food and tasty
beverages. The group that is designing this food concept is the same group
that designed the menu and the concept for Whiskey Cake, Velvet Taco, Pie
Tap, Hill & Vine, Haywire Uptown, and literally hundreds of other restaurants
locally, nationally, and internationally.
Lastly, our general contractor has built thousands of restaurants including
Whiskey Cake, The Puttery at Grandscape, Eddie V’s, and PF Chang.
The standing wave concept and technology has been improving for the past 20
years. The Surfing Concept has been implemented in a lot of cities. Citywave
has been the world renown inventor in the innovation design for patented
deep-water technology. It is commercially proven technology with 14 third
party units operating around the world and four more opening in 2023. This is
the first surf pool Fireside Surf to build in the United States. Slidewaters Water
Park in Lake Chelan, WA is the first waterpark to implement the Citywave
Surfing Pool. It has been a great success in the region just east of Seattle.
Another surf pool from Citywave is under construction in Hawaii currently.
Waco and Austin are among two in the state of Texas to have surf parks for the
public to enjoy and learn how to surf.
114
1000 Civic Circle
Lewisville, TX 75067
Main Phone: 972-221-1979
www.parkwayconstruction.com
Fireside Surf would plan to have the construction team start as early as can be,
within the next few months and be able to open by the end of summer, ideally,
August or September.
We are very excited to bring this concept to Grandscape at The Colony coming
Summer of 2023. Should you have any comments and suggestions, please do
not hesitate.
WenLing Chiu, AIA
Senior Project Design Architect
115
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5772 GRANDSCAPE BOULEVARD
THE COLONY, TX, 75056
APPROVED BY THE CITY COUNCIL ON THE ______ DAY OF ____________ 20________
PLANNING DIRECTOR NOT FOR CONSTRUCTIONJob Number
Sheet Number
22-0145
ZONING
GENERAL SITE DATA
PROPOSED USE
(FROM ZONING ORDINANCE)
SITE DATA SUMMARY TABLE
PD-25
COMMERCIAL
AMUSEMENT (OUTSIDE)
LOT AREA [SQ. FT. / AC.]16,359 / ±0.376
TOTAL BUILDING AREA SQ.FT.16,152
FLOOR AREA FOR EACH USE
BUILDING (EAST SIDE)3,421
BUILDING PATIO 3,135
BUILDING (WEST SIDE)1,554
PALM TREE LOUNGE 559
POOL DECK 907
CABANA 217
HOT TUBS 66
SURF POOL 2,195
QUEUE AREA 1,197
SIDEWALK 2,831
OUTDOOR SHOWER 70
TOTAL IMPERVIOUS AREA 16,152
FLOOR TO AREA RATIO 0.98
PARKING REQUIRED
COMMERCIAL AMUSEMENT (OUTSIDE)
PARKING RATIO:
PARKING CALCULATIONS TABLE
USE
1:300 SF OF FLOOR AREA
AREA
BUILDING 8,110
8,042
TOTAL PARKING REQUIRED
27
SITE AREA 81:1000 SF OF SITE AREA
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PARKING PROVIDED REFER TO GRANDSCAPE CIVIL SET PHASE 2 SUBMITTAL
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PLANT MATERIAL SCHEDULE
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SYMB.QTY.BOTANICAL NAME COMMON NAME HT.DET.REMARKS
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117
APPROVED BY THE CITY COUNCIL ON THE ______ DAY OF ____________ 20________
Job Number
Sheet Number
22-0145
REF. DWG. SCALE: 1
ARTIFICIAL PALM TREE
20' HT. PHOENIX PALM
L1.0
REF. DWG. SCALE: 3 PLANTER-SQUARE
L1.0
INSTALL PER MANUFACTURERS SPECIFICATIONS
COLOR TO BE GLOSS COLLECTION - GUNMETAL
REF. DWG. SCALE: 5 VISTAFOLIA GREEN WALL PANEL
L1.0
INSTALL PER MANUFACTURERS SPECIFICATIONS
REF. DWG. SCALE: 4 PLANTER-ROUND
L1.0
INSTALL PER MANUFACTURERS SPECIFICATIONS
COLOR TO BE "SHADOW" PER MANUFACTURER OPTIONS
L2.0
OASIS ILLUSIONS PALM TREES - https://www.oasisillusions.com/
INSTALL PER MANUFACTURERS SPECIFICATIONS
CONTACT MANUFACTURER FOR SPECIFICATIONS AND DETAILS.
CONTRACTOR TO SUBMIT SHOP DRAWINGS FOR APPROVAL.
118
FDFDDNDNDNFDFDFDFDFDFDFDFDFDFD FDFD FDFDFDFDFDFEtrash2442524545GGtrash trashAIRIN43" MIN. CLEAR246052460 246052 4 6 052454524545trash 24485 trashGtrashtrash 24485244852448524485trash trashtrashtrashtrashtrash24545185451830524425244224361854524485444413 SFMen's556 SFWomen's115 SFStorage88 SFBD StoEntry 2Entry 1Surf exitSurf PoolOutdoor ShowerEgress gate-1' - 7 1/2"-1' - 7 1/2"0"0"Surf Board RacksSurf Board RacksPully2' - 6"2' - 6"162 SFBreakRm0"Grease TrapLine of trellis aboveLine of trellis aboveBuilding 2Building 140 SFPumpSurf Board233 SFTicketing/Proshop70 SFStorage69 SFOffice69 SFMechanical237 SFRR90 SF1,764 SFKitchen154 SFCooler260 SFBar36 SFStorage31 SFFire1/8" = 1'-0"1First Floor PlanPROJ. No:COPYRIGHT PARKWAY CONSTRUCTION 2012 C CHKD BY:1000 CIVIC CIRCLELEWISVILLE, TEXAS 75067PARKWAYCONSTRUCTION.COM972-221-1979Architect:Scale:DRAWN BY:Owner:Architect:Civil Engineer & Landscape Architect:Cole Design Group7501 Lone Star Drive, Suite 250BPlano, TX75024Ph: (469) 590 5846Contact: Dylan BlackshearApproved by the City Council on the day of 20 Planning Director .Parkway C&A, LLPCONSTRUCTIONARCHITECTURE1/8" = 1'-0"A1.0Floor Plan -Level 1Checker04-217805772 Grandscape Blvd,The Colony, TX 75056Bill PoundsAuthorPKWY Architects1000 Civic CircleLewisville, TX. 75067Ph: (469) 968 6445Project Contact: Bill PoundsFireside Surf LLC5772 Grandscape BlvdThe Colony, TX 75056No. Description DateSD Schematic Design Date 1
119
GW-01CR-01FS-01Exterior Materials LegendAL-01SH-01FCB/PT-03Artificial Green WallCable RailingStack Flag StoneClear AnodizedAluminumMetal ShutterFiber Cement Board with Paint ColorSTU/PT-01Stucco -Integral with Paint ColorFB-01Fire Ball Sculpture Special Glassfiber Reinforced Concrete Mixture WD-01WoodStainedSTU/PT-03Stucco -Integral with Paint ColorWD/SW-02Wood Screen Wall with GraphicPrintES-01Sculpture -Incorporating with LED Digital Art PTL-01Porcelain Tile, Matte FinishMSMosaic Stone, Porcelain TexturizedJT-01Jumbotron9' Tall and fuel by gasTiki TorchRefer to 3/A4.312345Key Name ManufacturerColorColor #Typical Paint Color LegendPT-01PT-02PT-03Benjamin MooreBenjamin MooreBenjamin MooreButter PecanCreamy WhiteGray OwlOC-89OC-7OC-52Material CalculationFS-01STU/PT-01GW-01KeynoteMaterial%Stack Flag StoneStucco - Integral with Paint ColorGreen Wall1%28%16%STU/PT-03Stucco - Integral with Paint Color41%WD-01Wood Stained 6%SFTotal8 SF382 SF569 SF221 SF91 SF1386 SF100%PTL-01115 SFPorcelain Tile, Matte Finish 8%Material CalculationFS-01WD/SW-02STU/PT-03GW-01Keynote Material%Stack Flag StoneScreen Wall with Graphic PrintStucco - Integral with Paint ColorGreen WallFCB/PT-03Fiber Cement Board with Paint Color10%13%46%23%7%STU/PT-01Stucco - Integral with Paint Color1%SF174 SF227 SF35 SF831 SF415 SF127 SFTotal 1809 SF 100%Level Entry0' -0"Max Height34' -0"Level 1A3' -3 1/2"Roof -Bldg 114' -0"Bar Roof16' -0"GW-01AL-01STU/PT-03STU/PT-01AL-01STU/PT-03FS-01AL-01FB-01HM/PT-01HM/PT-01HM/PT-01HM/PT-01CR-0122' - 6"WD-01GW-0117' - 0"10' - 7". 17' - 4". 21' - 7". 37' - 10 1/4". 21' - 8". 6' - 10".SH-01PTL-0116' - 3 1/2"Level Entry0' -0"Roof -Bldg 114' -0"GW-01AL-01HM/PT10' - 7".Level Entry0' -0"Max Height34' -0"Level 1A3' -3 1/2"Roof -Bldg 114' -0"FCB/PT-03FS-01AL-01AL-01WD/SW-02STU/PT-01STU/PT-03STU/PT-03GW-01FB-0118' - 6"22' - 6"11' - 5".31' - 4 1/2".60' - 0".10' - 1".STU/PT-03HM/PT-01Level Entry0' -0"Max Height34' -0"Level 1A3' -3 1/2"Roof -Bldg 114' -0"FCB/PT-03STU/PT-03FS-01JT-01FB-01STU/PT-01STU/PT-03AL-01WD-01AL-01CR-01HM/PT-01WD/SW-0218' - 6"47' - 6". 19' - 2".2' - 4".22' - 6"17' - 0"AL-0116' - 3 1/2"Level Entry0' -0"Level 1A3' -3 1/2"Roof -Bldg 114' -0"AL-01FS-01CR-01HM/PTSTU/PT-0317' - 0"7' - 5".Material CalculationFS-01WD/SW-02STU/PT-03Keynote Material%Stack Flag StoneScreen Wall with Graphic PrintStucco - Integral with Paint ColorFCB/PT-03Fiber Cement Board with Paint Color14%14%49%20%STU/PT-01Stucco - Integral with Paint Color3%Total199 SFSF187 SF43 SF691 SF283 SF1,403 SF 100%Material CalculationGW-01Keynote Material%Green Wall100%SF122 SFTotal100%122 SFMaterial CalculationFS-01STU/PT-03Keynote Material%Stack Flag StoneStucco - Integral with Paint Color84%16%SFTotal87 SF17 SF104 SF100%Material Tabulation Chart - Building 1 (Excluding Door/ Window)Material CalculationWestNorth WestNorth East South East South WestFS-01GW-01STU/PT-01STU/PT-03FBC/PT-03MSWD/SW-021%16%28%41%100%10% 14% 84%23%1%46%7%13%3%49%20%14%16%WD-016%PTL-018%PROJ. No:COPYRIGHT PARKWAY CONSTRUCTION 2012 C CHKD BY:1000 CIVIC CIRCLELEWISVILLE, TEXAS 75067PARKWAYCONSTRUCTION.COM972-221-1979Architect:Scale:DRAWN BY:NOT FOR CONSTRUCTION.Owner:Architect:Civil Engineer & Landscape Architect:Cole Design Group7501 Lone Star Drive, Suite 250BPlano, TX75024Ph: (469) 590 5846Contact: Dylan BlackshearApproved by the City Council on the day of 20 Planning Director .Parkway C&A, LLPCONSTRUCTION ARCHITECTUREAs indicatedA4.1Exterior ElevationsChecker04-217805772 Grandscape Blvd,The Colony, TX 75056ApproverAuthorPKWY Architects1000 Civic CircleLewisville, TX. 75067Ph: (469) 968 6445Project Contact: Bill PoundsFireside Surf LLC5772 Grandscape BlvdThe Colony, TX 75056Key Plan1/8" = 1'-0"1West Elevation - Building 11/8" = 1'-0"2North West Elevation - Building 11/8" = 1'-0"3North East Elevation - Building 11/8" = 1'-0"4South East Elevation- Building 11/8" = 1'-0"5South West Elevation - Building 1No. Description DateA Permit Set 2022/12/22
120
2134Key Name Manufacturer Color Color #Typical Paint Color LegendPT-01PT-02PT-03Benjamin MooreBenjamin MooreBenjamin MooreButter PecanCreamy WhiteGray OwlOC-89OC-7OC-52Material CalculationFS-01MSKeynote Material%Stack Flag StoneMosiac Stone12%30%STU/PT-01Stucco - Integral with Paint Color55%WD-01Wood Stained3%SFTotal67 SF168 SF308 SF21 SF564 SF100%Material Calculation FS-01MSKeynote Material%Stack Flag StoneMosaic StoneSTU/PT-03Stucco - Integral with Paint Color14%48%38%WD-01Wood Stained0%SF107 SF378 SF303 SF4 SFTotal792 SF100%Material CalculationFS-01Keynote Material%Stack Flag StoneSTU/PT-03Stucco - Integral with Paint Color22%78%100%SF146 SF517 SFTotal663 SFLevel Entry0' -0"MSJT-01FS-01STU/PT-0125' - 6"12' - 7". 35' - 6".14' - 0"Roof -Bldg 210' -0"HM/PT-2Level Entry0' -0"MSFS-01STU/PT-0325' - 6"10' - 6 1/4"14' - 0"Jumbotron Structure25' - 9". 4' - 11".Roof -Bldg 210' -0"STU/PT-03AL-01JT-01AL-01HM/PT-02Level Entry0' -0"STU/PT-03FS-0125' - 6"Jumbotron Structure39' - 8". 22' - 6 1/4".Roof -Bldg 210' -0"14' - 0"STU/PT-03FS-01AL-01Level Entry0' -0"STU/PT-03FS-01MSSTU/PT-03FS-0125' - 6"WD-01Jumbotron Structure56' - 0". 5' - 1"Roof -Bldg 210' -0"14' - 0"JT-01AL-01Material Calculation FS-01MSKeynote Material%Stack Flag StoneMosaic StoneSTU/PT-03Stucco - Integral with Paint Color20%72%8%WD-01Wood Stained0%SF169SF601SF70 SF3 SFTotal843 SF100%GW-01CR-01FS-01Exterior Materials LegendAL-01SH-01FCB/PT-03Artificial Green WallCable RailingStack Flag StoneClear AnodizedAluminumMetal ShutterFiber Cement Board with Paint ColorSTU/PT-01Stucco -Integral with Paint ColorFB-01Fire Ball Sculpture Special Glassfiber Reinforced Concrete Mixture WD-01WoodStainedSTU/PT-03Stucco -Integral with Paint ColorWD/SW-02Wood Screen Wall with GraphicPrintES-01Sculpture -Incorporating with LED Digital Art PTL-01Porcelain Tile, Matte FinishMSMosaic Stone, Porcelain TexturizedJT-01Jumbotron9' Tall and fuel by gasTiki TorchRefer to 3/A4.3Material Tabulation Chart - Building 2 (Excluding Door/ Window)Material CalculationEastNorthWestSouthFS-01GW-01STU/PT-01STU/PT-03FCB/PT-03MSWD-0112% 14% 22% 20%55%48% 78% 72%30% 38%8%3%PROJ. No:COPYRIGHT PARKWAY CONSTRUCTION 2012 C CHKD BY:1000 CIVIC CIRCLELEWISVILLE, TEXAS 75067PARKWAYCONSTRUCTION.COM972-221-1979Architect:Scale:DRAWN BY:NOT FOR CONSTRUCTION.Owner:Architect:Civil Engineer & Landscape Architect:Cole Design Group7501 Lone Star Drive, Suite 250BPlano, TX75024Ph: (469) 590 5846Contact: Dylan BlackshearApproved by the City Council on the day of 20 Planning Director .Parkway C&A, LLPCONSTRUCTION ARCHITECTUREAs indicatedA4.2Exterior ElevationsChecker04-217805772 Grandscape Blvd,The Colony, TX 75056ApproverAuthorPKWY Architects1000 Civic CircleLewisville, TX. 75067Ph: (469) 968 6445Project Contact: Bill PoundsFireside Surf LLC5772 Grandscape BlvdThe Colony, TX 75056Key Plan1/8" = 1'-0"1East Elevation - Building 21/8" = 1'-0"2North Elevation - Building 21/8" = 1'-0"3West Elevation - Building 21/8" = 1'-0"4South Elevation - Building 2No. Description DateA Permit Set 2022/12/22
121
GW-01CR-01FS-01Exterior Materials LegendAL-01SH-01FCB/PT-03Artificial Green WallCable RailingStack Flag StoneClear AnodizedAluminumMetal ShutterFiber Cement Board with Paint ColorSTU/PT-01Stucco -Integral with Paint ColorFB-01Fire Ball Sculpture Special Glassfiber Reinforced Concrete Mixture WD-01WoodStainedSTU/PT-03Stucco -Integral with Paint ColorWD/SW-02Wood Screen Wall with GraphicPrintES-01Sculpture -Incorporating with LED Digital Art PTL-01Porcelain Tile, Matte FinishMSMosaic Stone, Porcelain TexturizedJT-01Jumbotron9' Tall and fuel by gasTiki TorchRefer to 3/A4.3Key Name Manufacturer Color Color #Typical Paint Color LegendPT-01PT-02PT-03Benjamin MooreBenjamin MooreBenjamin MooreButter PecanCreamy WhiteGray OwlOC-89OC-7OC-524Protrudes up to 8"Panel & Overlap2' - 11 3/8"Panel & Overlap2' - 10 1/2"Grid2' - 7 1/2"Grid2' - 7 1/2"Plywood board/external plywood board/MDF/drywall (or equivalent)Vistafolia fixing secured with timber screwStuccoMetal lathSheathingBacking as required per manufacturers instructions3' - 0"2 1/2"8"5' - 5"4' - 0"1' - 5"12' - 9"Plan ViewFront ViewSection View1' - 5"4' - 0"2' - 2 7/8"8' - 3 3/8"2' - 2 7/8"12' - 9"8"2 1/2"3' - 0"5' - 5"2' - 2 7/8"8' - 3 3/8"2' - 2 7/8"5' - 0"34' - 0"3' - 0"8"Plan ViewFront View1' - 0"8' - 0"8' - 0"8' - 0"8' - 0"1' - 0"3' - 7"1' - 5"Backing as required per manufacturers instructionsSection View1' - 5" 3' - 7"1' - 0"8' - 0"8' - 0"8' - 0"8' - 0"1' - 0"34' - 0"5' - 0"8" 3' - 0"PROJ. No:COPYRIGHT PARKWAY CONSTRUCTION 2012 C CHKD BY:1000 CIVIC CIRCLELEWISVILLE, TEXAS 75067PARKWAYCONSTRUCTION.COM972-221-1979Architect:Scale:DRAWN BY:NOT FOR CONSTRUCTION.Owner:Architect:Civil Engineer & Landscape Architect:Cole Design Group7501 Lone Star Drive, Suite 250BPlano, TX75024Ph: (469) 590 5846Contact: Dylan BlackshearApproved by the City Council on the day of 20 Planning Director .Parkway C&A, LLPCONSTRUCTION ARCHITECTUREAs indicatedA4.3Exterior DetailsChecker04-217805772 Grandscape Blvd,The Colony, TX 75056ApproverAuthorPKWY Architects1000 Civic CircleLewisville, TX. 75067Ph: (469) 968 6445Project Contact: Bill PoundsFireside Surf LLC5772 Grandscape BlvdThe Colony, TX 750561 1/2" = 1'-0"3Artificial Green Wall Details1 1/2" = 1'-0"4Artificial Greenwall Attachement3/8" = 1'-0"1Canopy over outdoor shower3/8" = 1'-0"2Trellis - Building 2No. Description DateA Permit Set2022/12/22122
FE (K)FE (K)FE FEFE (K)FE1GW-01CR-01FS-01Exterior Materials LegendAL-01SH-01FCB/PT-03Artificial Green WallCable RailingStack Flag StoneClear AnodizedAluminumMetal ShutterFiber Cement Board with Paint ColorSTU/PT-01Stucco -Integral with Paint ColorFB-01Fire Ball Sculpture Special Glassfiber Reinforced Concrete Mixture WD-01WoodStainedSTU/PT-03Stucco -Integral with Paint ColorWD/SW-02Wood Screen Wall with GraphicPrintES-01Sculpture -Incorporating with LED Digital Art PTL-01Porcelain Tile, Matte FinishMSMosaic Stone, Porcelain TexturizedJT-01Jumbotron9' Tall and fuel by gasTiki TorchRefer to 3/A4.3PROJ. No:COPYRIGHT PARKWAY CONSTRUCTION 2012 C CHKD BY:1000 CIVIC CIRCLELEWISVILLE, TEXAS 75067PARKWAYCONSTRUCTION.COM972-221-1979Architect:Scale:DRAWN BY:NOT FOR CONSTRUCTION.Owner:Architect:Civil Engineer & Landscape Architect:Cole Design Group7501 Lone Star Drive, Suite 250BPlano, TX75024Ph: (469) 590 5846Contact: Dylan BlackshearApproved by the City Council on the day of 20 Planning Director .Parkway C&A, LLPCONSTRUCTION ARCHITECTUREAs indicatedA5.1Perspective View -Entry 1Checker04-217805772 Grandscape Blvd,The Colony, TX 75056ApproverAuthorPKWY Architects1000 Civic CircleLewisville, TX. 75067Ph: (469) 968 6445Project Contact: Bill PoundsFireside Surf LLC5772 Grandscape BlvdThe Colony, TX 75056No. Description Date
123
FE (K)FE (K)FE FEFE (K)FE1GW-01CR-01FS-01Exterior Materials LegendAL-01SH-01FCB/PT-03Artificial Green WallCable RailingStack Flag StoneClear AnodizedAluminumMetal ShutterFiber Cement Board with Paint ColorSTU/PT-01Stucco -Integral with Paint ColorFB-01Fire Ball Sculpture Special Glassfiber Reinforced Concrete Mixture WD-01WoodStainedSTU/PT-03Stucco -Integral with Paint ColorWD/SW-02Wood Screen Wall with GraphicPrintES-01Sculpture -Incorporating with LED Digital Art PTL-01Porcelain Tile, Matte FinishMSMosaic Stone, Porcelain TexturizedJT-01Jumbotron9' Tall and fuel by gasTiki TorchRefer to 3/A4.3PROJ. No:COPYRIGHT PARKWAY CONSTRUCTION 2012 C CHKD BY:1000 CIVIC CIRCLELEWISVILLE, TEXAS 75067PARKWAYCONSTRUCTION.COM972-221-1979Architect:Scale:DRAWN BY:NOT FOR CONSTRUCTION.Owner:Architect:Civil Engineer & Landscape Architect:Cole Design Group7501 Lone Star Drive, Suite 250BPlano, TX75024Ph: (469) 590 5846Contact: Dylan BlackshearApproved by the City Council on the day of 20 Planning Director .Parkway C&A, LLPCONSTRUCTION ARCHITECTUREAs indicatedA5.2Perspective View -Entry 2Checker04-217805772 Grandscape Blvd,The Colony, TX 75056ApproverAuthorPKWY Architects1000 Civic CircleLewisville, TX. 75067Ph: (469) 968 6445Project Contact: Bill PoundsFireside Surf LLC5772 Grandscape BlvdThe Colony, TX 75056No. Description Date
124
FE (K)FE (K)FE FEFE (K)FE1GW-01CR-01FS-01Exterior Materials LegendAL-01SH-01FCB/PT-03Artificial Green WallCable RailingStack Flag StoneClear AnodizedAluminumMetal ShutterFiber Cement Board with Paint ColorSTU/PT-01Stucco -Integral with Paint ColorFB-01Fire Ball Sculpture Special Glassfiber Reinforced Concrete Mixture WD-01WoodStainedSTU/PT-03Stucco -Integral with Paint ColorWD/SW-02Wood Screen Wall with GraphicPrintES-01Sculpture -Incorporating with LED Digital Art PTL-01Porcelain Tile, Matte FinishMSMosaic Stone, Porcelain TexturizedJT-01Jumbotron9' Tall and fuel by gasTiki TorchRefer to 3/A4.3PROJ. No:COPYRIGHT PARKWAY CONSTRUCTION 2012 C CHKD BY:1000 CIVIC CIRCLELEWISVILLE, TEXAS 75067PARKWAYCONSTRUCTION.COM972-221-1979Architect:Scale:DRAWN BY:NOT FOR CONSTRUCTION.Owner:Architect:Civil Engineer & Landscape Architect:Cole Design Group7501 Lone Star Drive, Suite 250BPlano, TX75024Ph: (469) 590 5846Contact: Dylan BlackshearApproved by the City Council on the day of 20 Planning Director .Parkway C&A, LLPCONSTRUCTION ARCHITECTUREAs indicatedA5.3Perspective View -Back of HouseChecker04-217805772 Grandscape Blvd,The Colony, TX 75056ApproverAuthorPKWY Architects1000 Civic CircleLewisville, TX. 75067Ph: (469) 968 6445Project Contact: Bill PoundsFireside Surf LLC5772 Grandscape BlvdThe Colony, TX 75056No. Description Date
125
1
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2023 - _______
SITE PLAN – “FIRESIDE SURF”
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR
“FIRESIDE SURF” AN APPROXIMATELY 16,359 SQUARE-FOOT
COMMERCIAL AMUSEMENT (OUTSIDE) FACILITY WITHIN LOT 3R,
BLOCK B OF THE LIFESTYLE CENTER AT GRANDSCAPE,
CONTAINING APPROXIMATLEY .376 ACRES, AND LOCATED
NORTHEAST OF THE INTERSECTION OF DESTINATION DRIVE AND
GROVE LANE WITHIN THE PLANNED DEVELOPMENT 25 (PD-25),
GRANDSCAPE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the City Council of the City of The
Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the
City of The Colony, Texas, have given requisite notices and consideration of the site plan application
and related plans, and the City Council of the City of The Colony, Texas, is of the opinion and finds
that Site Plan Application No. SP22-0011 for the Site Plan application for “Fireside Surf,” an
approximately 16,359 square-foot commercial amusement (outside) facility within Lot 3R, Block
B of the Liftestyle Center at Grandscape, containing approximately .376 acres, and located
northeast of the intersection of Destination Drive and Grove Lane within Planned Development
25 (PD-25), Grandscape, should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2.That the City Council of the City of The Colony, Texas, does hereby
approve the Site Plan, Landscape Plan and building elevations, applicable to the subject area,
copies of which are attached hereto as Exhibit A of this Ordinance.
SECTION 3.That it is hereby declared to be the intention of the City Council of the City
of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this
Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance
shall be declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by
the City Council without the incorporation of this Ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
126
2
SECTION 4. That any provision of any prior ordinance of the City whether codified or
uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the
extent of the conflict, but all other provisions of the ordinances of the City whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full
force and effect.
SECTION 5. That this Ordinance shall become effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, THIS 21ST DAY OF MARCH 2023.
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
127
3
Exhibit A
128
Agenda Item No:5.3
CITY COUNCIL Agenda Item Report
Meeting Date: March 21, 2023
Submitted by: Jackie Kopsa
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to execute a grant request from
Stewart Peninsula Golf Course to waive their 2023 ground lease fees to allow for reinvestment of those fees
into infrastructure improvements at the golf course. (Kopsa)
Suggested Action:
Jaime Anderson, owner of Stewart Peninsula Golf Course, is again requesting the City to waive his Ground
Lease fees ($10,000) for Stewart Peninsula Golf Course in order to reinvest those funds into infrastructure
improvements for the golf course. This year, if approved, he is planning to install two inches of top layer asphalt
on the north half of the parking lot to finish the parking lot improvements on that side. He used funds from last
year's lease fee waiver to install two inches of top layer asphalt to the south half of the parking lot. This year's
request will allow him to complete the asphalt improvements to the parking lot.
Attachments:
Waiver Request.pdf
Res. 2023-xxx Stewart Peninsula Golf Course Annual Fee Reduction.doc
129
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE A GRANT REQUEST FROM STEWART PENINSULA GOLF
COURSE OF RENT REDUCTION FOR THEIR 2023 ANNUAL LEASE
PAYMENT DUE TO EXTENSIVE INFRASTRUCTURE REPAIRS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The City of The Colony desires to grant a request from Stewart
Peninsula Golf Course to reduce up to $10,000 of their 2023 annual lease payment due to
extensive infrastructure repairs; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS THAT:
Section 1. The City Council hereby agrees to grant a request to reduce the 2023
annual $10,000 fixed minimum rent in exchange for said capital improvements.
Section 2. This Resolution shall become effective immediately from and after its
passage, as the law and charter in such cases provides.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, ON THIS 21ST DAY OF MARCH 2023.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
133
Agenda Item No:5.4
CITY COUNCIL Agenda Item Report
Meeting Date: March 21, 2023
Submitted by: Shannon Stephens
Submitting Department: Fire
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to issue a purchase order to Metro
Fire in the amount of $1,744,856.00 for the purchase of a new Spartan Fire Tractor-Drawn Aerial (TDA) fire
apparatus to replace Truck 14 assigned to Fire Station #4 (Thompson).
Suggested Action:
This project is a component of the planned and approved CIP list for replacing the 2014 Pierce Tower/Ladder -
Truck 14 assigned to Firehouse #4. $1,750,000 was approved for the replacement, and 895-670-6630-2306
remains fully funded to execute the purchase. The 2014 Pierce will remain in the Fleet as a reserve Truck Co.
currently filled by 2008 Pierce 75 ft. Quint.
The new apparatus represents the City's first tractor-drawn aerial (TDA). This apparatus type is uniquely
designed to address the equipment and ground ladder requirements to protect the Austin Ranch and
Grandscape high population density occupancies. The 100" aerial ladder and ground ladder complement of 308
total feet of ground ladders better facilitate rescue operations from the district's garden apartments and
commercial occupancies. Additionally, the TDA has the maneuverability equivalent to department ambulances
despite its 56-foot length, permitting appropriate access to high-volume business and multi-family areas.
The new TDA has been designed with minimal manufacturer proprietary parts positioning TC's Fleet
Maintenance to more readily acquire maintenance parts at a more economical price point through larger
commercial vehicle vendors.
Current production time is twenty (20) months from the time of order.
Attachments:
The Colony TDA Proposal.pdf
The Colony TX FY23' 100' TDA Specifications REV 3.pdf
The Colony FY23' QX-100-TDA Drawing REV 3.pdf
Res 2023-xxx Fire Apparatus.doc
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TRANSVERSE BELOW FRAME
20.60" RR
30.0 40.0 40.0 40.0 40.0
L2
L1
R1
R2
L3
R3
L4
R4R5
L6
R6
TRANSVERSE BELOW FRAME
34.0 40 2743306.043
96"
BODY WIDTH SKIN-TO-SKIN
TRANSVERSE BELOW FRAME
TRANSVERSE BELOW FRAME
54.00
NFPA 8°
13°
dc electrical
29.75
11 FT. 11 IN. OAH
59
TRANSVERSE BELOW FRAME TRANSVERSE BELOW FRAME
TRANSVERSE BELOW FRAME TRANSVERSE BELOW FRAME
TL1
TR2
TRANSVERSE ABOVE FRAME
TRANSVERSE ABOVE FRAME
82-inch dia. turntable
GROUND LADDERS
132
CAB TILT
AIR OUTLET
45 ft. 1525a with poles35 FT. 1200A 35 FT 1200A35 FT 1200A20 FT.20 FT.16 FT. 875A ROOF14 ft. 701 fresno
45 FT. 1525A
28 FT 1200A
701 FRESNO
35 FT 1200A
L5
16 FT. 875A ROOF
28 FT 1200A
adjustable shelf
TRANSVERSE ABOVE FRAME
12 DEPTH SLIDE OUT TRAY
12 DEPTH SLIDE OUT TRAY12 DEPTH SLIDE OUT TRAY DUAL DIRECTION SLIDE OUT TRAY
slide out tray
fire-tech fire-tech fire-tech fire-tech
DIESEL
TRANSVERSE ABOVE FRAME
THE COLONY FIRE DEPARTMENT
THE COLONY FIRE DEPARTMENT
149
6083
6
56 FT. 11 IN.
CAB TILT RECEPTACLE
AIR OUTLET CONNECTION
FROG
FREQUENCYHZ
AMPS LINE 1 AMPS LINE 2
AC VOLTS
MODE
14 FT. 775DR ROOF
TRANSVERSE BELOW FRAME
adjustable shelf
12 DEPTH SLIDE OUT TRAY
L2
L3 L4 L5 L6
R2 R3 R4 R5 R6
proposed mounting location for tri-max cafs unit.
configuration and construction details remain t.b.d.
additional research and dialog will be needed to identify
best arrangement.
tri-max
tri-max
EMS COMPARTMENT
OPTICOM
28 FT. 1200A 2-SECTION
16 FT. 875DR ROOF
PAINTED BODY SIDE PANELS
PAINTED BODY SIDE PANELS
adjustable shelf adjustable shelf
SLIDE OUT TRAY
DUAL DIRECTION SLIDE OUT TRAY
Scale: NOT TO SCALE
Truck Number:DRAWING:
Rev Date Description Name
Chassis:Spartan Metro Star EMFD
Engine:
Transmission:
Axles:
Model:
0 2/15/23 Initial Proposal wb
i.d.
Cummins X-12 525 HP
Allison 4000 EVS
QS-100 TRACTOR DRAWN AERIAL
21,500 LB. Front / 27,000 LB.
Rear/22,000 tiller
ground ladder inventory:
(1) DUO-SAFETY 45 FT. 1525A 3-SECTION
(3) DUO-SAFETY 35 FT. 1200A 2-SECTION
(1) DUO-SAFETY 28 FT. 1200A 2-SECTION
(2) DUO-SAFETY 20 FT. 875DR ROOF LADDER
(1) DUO-SAFETY 16 FT. 875DR ROOF LADDER
(1) DUO-SAFETY 14 FT. 701 FRESNO
(1) DUO-SAFETY 28 FT. 1200A 2-SECTION DRIVERS
SIDE-PUMPER STYLE
(1) DUO-SAFETY 16 FT. 875DR ROOF LADDER DRIVERS
SIDE PUMPER STYLE
(1) DUO-SAFETY 14 FT. 775DR ROOF MOUNTED ON BED
SECTION OF AERIAL
STORAGE TUBES FOR EIGHT (8) STANDARD PIKE POLES
THE COLONY FIRE DEPT.
3-006-0184
Generator:SmartPower 6.0 kw hydraulic
000000
PROPRIETARY AND CONFIDENTIAL
THE INFORMATION CONTAINED IN THIS DRAWING IS THE SOLE
PROPERTY OF SPARTAN EMERGENCY RESPONSE. ANY
REPRODUCTION IN PART OR AS A WHOLE WITHOUT THE
WRITTEN PERMISSION OF SPARTAN EMERGENCY RESPONSE IS
PROHIBITED. SPARTAN MOTORS USA, INC. D/B/A SPARTAN
EMERGENCY RESPONSE.
CUSTOMER
THIS DRAWING IS A CLOSE APPROXIMATION OF YOUR FIRE
APPARATUS. IN ALL CASES WHERE THE DRAWING AND THE
WRITTEN SPECIFICATION DIFFER, THE SPECIFICATION SHALL
PREVAIL. PLEASE WORK WITH YOUR DEALER TO ASSURE THAT
THE WRITTEN SPECIFICATION REPRESENTS WHAT YOU WANT IN
YOUR FINISHED PRODUCT. SPARTAN EMERGENCY RESPONSE
BUILDS TO THE WRITTEN SPECIFICATION, NOT THE DRAWING
TO ASSURE THAT YOUR NEEDS ARE MET.
L1
R1
L2
R2
L3
R3
L4
R4
L5
R5
L6
R6
general compartment sizes
40.00 W X 51.87 H 42.75 W X 54.12 H X 20.00D
27.00 W X 41.75 H 28.37 W X 44.00 H X 14.87 D UPPER
TRANS. LOWER
TRANS. UPPER
TRANS. LOWER
TRANS. UPPER
TRANS. LOWER
39.75 W X 58.25 H X
11.75 D UPPER
TRANS. LOWER
39.75 W X 58.25 H X
11.75 D UPPER
TRANS. LOWER
39.75 W X 58.25 H X
39.75 W X 58.25 H X
39.75 W X 28.50 H X 27.25 D UPPER
TRANS. LOWER
39.75 W X 28.25 H x
39.75 W X 28.25 H X 27.75 D
28.37 W X 44.00 H X 14.87 D UPPER
TRANS. LOWER
frame opening interior dim's.
37.00 W X 26.62 H
THE COLONY, TEXAS
TL1
TR1
24.75 D UPPER
13.87 D lower
Spartan Fire, LLC.
Ephrata, PA 17522
42.75 W X 54.12 H X 20.00D40.00 W X 51.87 H
37.00 W X 55.00 H 39.75 W X 58.25 H X
27.00 W X 41.75 H
37.00 W X 55.00 H 39.75 W X 58.25 H X
37.00 W X 55.00 H
37.00 W X 55.00 H
TRANS. UPPER
TRANS. LOWER
TRANS. UPPER
TRANS. LOWER
37.00 W X 55.00 H
37.00 W X 55.00 H
37.00 W X 26.62 H
37.00 W X 26.62 H
11.75 D UPPER
TRANS. LOWER37.00 W X 55.00 H 39.75 W X 58.25 H X
1 2/20/23 developmental revisions wb
2 3/9/23 dealer mark-up of 3-4-23 wb
3 3/10/23 second factory review wb
270
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - ______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING
THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO METRO FIRE
FOR THE PURCHASE OF A NEW SPARTAN FIRE TRACTOR-DRWN AERIAL
(TDA) FIRE APPARATUS TO REPLACE TRUCK 14 ASSIGNED TO FIRE
STATION #4; AND PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1.That the City Council of the City of The Colony, Texas, hereby authorizes
the City Manager to issue a purchase order in the amount of $1,744,856.00 for the
purchase of a new Spartan Fire Tractor-Drawn Aerial (TDA) fire apparatus to replace
Truck 14 assigned to Fire Station #4.
Section 2. That the City Manager and/or his designee are authorized to issue said
purchase orders.
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, ON THIS 21ST DAY OF MARCH 2023.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
271
Agenda Item No:5.5
CITY COUNCIL Agenda Item Report
Meeting Date: March 21, 2023
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider a resolution approving a Private Transfer Agreement (Grant by Special Warranty Deed)
by and between The Colony Local Development Corporation and LMG Ventures, LLC, conveying Lot 4R2-1,
Block H, Grandscape Addition, Phase II, an addition to the City of The Colony, Denton County, Texas (Maurina)
Suggested Action:
Attachments:
Res. 2023-xxx Private Transfer Agreement - Grant by Special Warranty Deed - LMG Ventures LLC - World Spring.docx
Grandscape--Private Land Transfer Agreement--World Springs Lot.docx
272
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING AND APPROVING THE
EXECUTION OF A PRIVATE TRANSFER AGREEMENT (GRANT BY
SPECIAL WARRANTY DEED) BY AND BETWEEN THE COLONY
LOCAL DEVELOPMENT CORPORATION AND LMG VENTURES, LLC,
A TEXAS LIMITED LIABILITY COMPANY, CONCERNING THE
CONVEYANCE OF LOT 4R2-1, BLOCK H, GRANDSCAPE ADDITION,
PHASE II, PURSUANT TO THAT CERTAIN REPLAT OF 4R2-1, 4R2-2,
4R2-3, 4R2-4, 4R2-5, BLOCK H AND LOT 1R1, BLOCK H, GRANDSCAPE
ADDITION, PHASE II, AN ADDITION TO THE CITY OF THE COLONY,
DENTON COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, The Colony Local Development Corporation (hereinafter referred to as the
“LDC”) has been created and organized as a public, nonprofit local government corporation
incorporated pursuant to Subchapter D of Chapter 431, Texas Transportation Code, as amended to
aid, assist and act on behalf of the City of The Colony, Texas (hereinafter referred to as the “City”)
in the performance of the City’s governmental functions; and
WHEREAS,LDC is the sole owner of Lot 4R2-1, Block H, Grandscape Addition, Phase
II, pursuant to that certain Replat of 4R2-1, 4R2-2, 4R2-3, 4R2-4, 4R2-5, Block H and Lot 1R1,
Block H, Grandscape Addition, Phase II, subject to the Private Transfer Agreement (Grant by
Special Warranty Deed), a copy of which is attached hereto as Exhibit A, pursuant to Instrument
Numbers 2014-30675, 2014-30676, and 2014-30677 filed and recorded in the Real Property
Records of Denton County, Texas; and
WHEREAS,on or about , 2023, the Board of Directors of the LDC
approved the Private Transfer Agreement (Grant by Special Warranty Deed) a copy of which is
attached hereto as Exhibit A, conveying Lot 4R2-1, Block H, Grandscape Addition, Phase II,
pursuant to that certain Replat of 4R2-1, 4R2-2, 4R2-3, 4R2-4, 4R2-5, Block H and Lot 1R1, Block
H, Grandscape Addition, Phase II, an addition to the City of The Colony, Denton County, Texas,
to LMG Ventures, LLC; and
WHEREAS,the form of the Private Transfer Agreement (Grant by Special Warranty
Deed) was approved as part of the bond validation suit styled Ex parte The Colony, in the 53rd
Judicial District Court, Travis County, Texas, Cause No. 0-1-GV-11-001995, decided January 18,
2012, Trial Exhibit No. 38; and
WHEREAS, the City Council for the City of The Colony, Texas, finds and determines it
is in the best interest of the City of The Colony, Texas, to approve the Private Transfer Agreement
(Grant by Special Warranty Deed) by and between the LDC and LMG Ventures, LLC, a copy of
which is attached hereto as Exhibit A.
273
Page 2
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
SECTION 1. The findings set forth above are hereby found to be true and correct findings
of the City and are incorporated into the body of this Resolution as if fully set forth herein.
SECTION 2.The City Council of the City of The Colony, Texas, does hereby approve
and authorize the President of the LDC to execute the Private Transfer Agreement (Grant by
Special Warranty Deed) by and between the LDC and LMG Ventures, LLC, a copy of which is
attached hereto as Exhibit A, and is incorporated herein for all purposes.
SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this
Resolution, or application thereto to any persons or circumstances, is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Resolution; and the City Council hereby declaresit would have passed such remaining
portions of this Resolution despite such invalidity, which remaining portions shall remain in full force
and effect.
SECTION 4. This Resolution shall become effective immediately upon passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 21
ST DAY OF MARCH, 2023.
Richard Boyer, Mayor
The Colony, Texas
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
274
Exhibit A
Private Transfer Agreement
(Grant by Special Warranty Deed)
[Lot 4R2-1, Block H, Grandscape Addition, Phase II,
pursuant to that certain Replat of 4R2-1, 4R2-2,
4R2-3, 4R2-4, 4R2-5, Block H and Lot 1R1,
Block H, Grandscape Addition, Phase II]
275
276
{00660228}
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
PRIVATE TRANSFER AGREEMENT
(GRANT by SPECIAL WARRANTY DEED)
THE STATE OF TEXAS §
§KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
After making findings that this grant is authorized by Texas Tax Code Section 311.010(h),
serves the legitimate public purpose of promoting economic development, and affords a clear
public benefit in terms of both increased tax revenue and job opportunities, THE COLONY LOCAL
DEVELOPMENT CORPORATION, a Texas non-profit corporation ("Grantor"), for and in
consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable non-monetary
consideration in the form of the Additional Consideration (defined below), for which no lien is
retained either express or implied, and pursuant to which no right of reverter is granted to Grantor
or its successors or assigns either express or implied, the receipt and sufficiency of which
consideration are hereby acknowledged to be adequate, has GRANTED, SOLD, AND
CONVEYED, and by these presents does hereby GRANT, SELL AND CONVEY, unto LMG
VENTURES,LLC, a Texas limited liability company ("Grantee") having an address of 700 S. 72nd
Street, Omaha, NE 68114, all that real property situated in the County of Denton, State of Texas,
and more particularly described on Exhibit "A" attached hereto and made a part hereof for all
purposes plus all of Grantor's right, title and interest in and to (i) all improvements and related
amenities located in and on such real property, (ii) easements, if any, benefiting such real property,
(iii) the oil, gas, and other minerals (and all executory and leasing rights relating thereto) that are
in and under such real property and that may be produced from such real property and (iv)
appurtenances, if any, pertaining to such real property, including any right, title and interest of
Grantor in and to: (a) water wells and any other permits for utilities, drainage and detention rights
which serve or which will serve the land and improvements now or hereafter constructed thereon;
(b) any architectural plans and specifications, surveys, engineering, soils, seismic, geological and
environmental reports, studies, certificates and other technical descriptions applicable to the land
and/or improvements; (c) any warranties, guaranties, indemnities, claims and causes of action, to
the extent applicable to the land and/or improvements; (d) any licenses, permits, governmental
approvals, utility commitments, utility rights, reimbursement rights, development rights or other
similar rights; (e) any rights to credits, refunds, and reimbursements including without limitation
any credits against, or right to pay reduced application fees, permit fees, inspection fees or impact
fees applicable to the land; (f) any rights under zoning cases, preliminary plans, plats, and other
development applications and approvals; and (g) all other development rights, powers, privileges,
options, or other benefits associated with, that pertain to, are attributable to, are appurtenant to,
apply to, or which otherwise directly benefit the land (collectively, the "Property").
The "Additional Consideration" for this transfer to Grantee includes the following grant
performance standards:
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{00660228}
1.Grantee's use of the Property increasing the property tax revenues and sales tax
revenues collected by the City of The Colony, Texas, within Tax Increment Reinvestment Zone
Number One, City of The Colony, Texas (the "Zone").
2.On January 1 of the first calendar year after the Facility defined in the Final Project
and Finance Plan for Tax Increment Reinvestment Zone Number One, City of The Colony, Texas,
adopted by the Board of Directors of the Zone on November 15, 2011, and approved by the City
Council on November 15, 2011 (the "Project and Finance Plan") is open for business to the public,
TXFM, Inc., a Texas corporation, causing the Facility to provide a minimum of 850 Full-Time
Equivalent Jobs as defined in the Project and Finance Plan. If the Facility does not provide the
required minimum number of Full-Time Equivalent Jobs, the penalty provisions included in that
certain Development and Tax Increment Payment Agreement approved by Grantor on November
15, 2011, shall apply to TXFM, Inc. On April 7, 2015, the Grantor approved Resolution No.
LDC2015-003 finding that the performance standards referenced in this Section 2 were satisfied.
Further, on December 5, 2017, the City Council of the City of The Colony, Texas, approved
Resolution No. 2017-109 finding that the performance standards reference in this Section 2 were
satisfied. Grantor, on behalf of itself and on behalf of any party holding a right under the Project
and Finance Plan or any documents ancillary thereto, expressly acknowledges and agrees with
such findings, and further acknowledges and agrees that the obligation with respect to required
minimum number of Full-Time Equivalent Jobs, and any penalty associated therewith as aforesaid,
shall not survive the execution and delivery of this Private Transfer Agreement.
3.This Private Transfer Agreement is made and accepted expressly subject to the
matters set forth on Exhibit B attached hereto and made a part hereof for all purposes and subject
to the lien for all ad valorem taxes arising after the date hereof the payment of which Grantee
hereby assumes (collectively, the "Permitted Encumbrances").
TO HAVE AND TO HOLD the Property, subject to the Permitted Encumbrances, together
with all and singular the rights and appurtenances belonging in any way to the Property, unto the
said Grantee, its successors and assigns forever, and Grantor binds itself and its successors and
assigns to warrant and forever defend all and singular the Property, subject to the Permitted
Encumbrances, to Grantee, its successors and assigns against every person lawfully claiming or to
claim all or any part of the Property, by, through, or under Grantor, but not otherwise.
[SIGNATURE PAGE FOLLOWS]
278
{00660228}
IN WITNESS WHEREOF,Grantor has executed this Private Transfer Agreement (Sale
by Special Warranty Deed) to be effective as of _____________________________.
GRANTOR:
The Colony Local Development Corporation,
a Texas non-profit corporation
____________________________
Richard Boyer, President
ATTEST:
__________________________
Tina Stewart, City Secretary
APPROVED AS TO FORM:
__________________________
Jeff Moore, City Attorney
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on this __ day of ______________, 2023,
by Richard Boyer, the President of The Colony Local Development Corporation, a Texas non-
profit corporation, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed on behalf of said corporation.
___________________________________
Notary Public in and for the State of Texas
AFTER RECORDING RETURN TO:
James Kirkland
Kuckelman Torline Kirkland
10740 Nall, Ste. 250
Overland Park, KS 66211
279
{00660228}
Exhibit A – Description of the Property
Lot 4R2-1, Block H, Grandscape Addition, Phase II, pursuant to that certain Replat of 4R2-1, 4R2-
2, 4R2-3, 4R2-4, 4R2-5, Block H and Lot 1R1, Block H, Grandscape Addition Phase II recorded
on February 27, 2023 in the Official Public Records of Denton County, Texas as Doc# #2023-59.
280
{00660228}Exhibit B
Exhibit B – Permitted Encumbrances
Exhibit B – To include those exceptions listed on Schedule B of the Owner's Title Commitment
plus the following exceptions:
Those rights recorded against the Property to secure performance of the public entities under
certain economic incentive agreements, including rights under any (a) covenants, conditions and
restrictions; (b) easements; (c) transfer documents that include a determinable interest, reversion
or other similar right; or (d) a deed of trust to secure performance.
In order to ensure that there are adequate public controls in place to ensure that the grant
performance standards set out in the Project and Finance Plan are satisfied, the public purpose is
accomplished and to protect the public's investment, to the extent bond proceeds financed the
acquisition by the City of the Property or the improvements the City constructed on such Property,
the land and improvements are restricted to uses consistent with those identified in the documents
authorizing the issuance of such bonds (e.g., if bond proceeds constructed a warehouse/distribution
facility located on the Property, then the Property may only be used for warehouse/distribution
uses for so long as such bonds remain outstanding). Once such bonds are paid, this restriction
shall automatically terminate. Evidence of payment of such bonds may be recorded by Grantee in
the Denton County deed records.
281
Agenda Item No:5.6
CITY COUNCIL Agenda Item Report
Meeting Date: March 21, 2023
Submitted by: Isaac Williams
Submitting Department: Planning
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing discuss and consider an ordinance to amendment to the Code of Ordinances,
Appendix D- Comprehensive Plan by amending and updating the City’s Comprehensive Plan and Future Land
Use Map. (Williams)
Suggested Action:
Please see the attached staff report for summary
Attachments:
SI23-0003 Comprehensive Plan Staff Report CC.doc
The Colony - Ord - Proposed 2023 Comprehensive Plan Update.docx
282
CITY COUNCIL REPORT
AGENDA DATE:March 14, 2023
DEPARTMENT:Planning and Zoning Department
SUBJECT:SI23-0003 Text Amendment- Comprehensive Plan and Future Land Use Map
Update
Conduct a public hearing, discuss and consider an ordinance to amendment to the Code of
Ordinances, Appendix D- Comprehensive Plan by amending and updating the City’s
Comprehensive Plan and Future Land Use Map.
BACKGROUND
The current Comprehensive Plan was adopted by the City Council in March of 2007. It is
customary that cities update or re-write their Comprehensive Plan every 5 to 10 years; the
previous plan anticipated an update scheduled for 2012. However, no update occurred.
The City hired the firm Stantec Consultants to facilitate and draft an update to the
Comprehensive Plan. The drafting process included meeting and interviews with the Technical
Advisory Committee consisting of City staff and appointed and elected officials. Once the first
draft was complete, a formal presentation was scheduled.
The draft and presentation was provided to the Planning Commission and City Council on
February 7th. Additionally, a six-week public input period was established upon official
presentation of the draft. Where applicable, input from this period was incorporated into the
current draft.
The proposed draft provides the following:
Summary narrative of the role and purpose of the Comprehensive Plan
Analytical profile of the City.
Illustration of a vision of the City.
Illustration of the methodology and analysis of the strengths, weaknesses, and
opportunities.
Highlight of considerations toward desired future land development and mobility
patterns and relationships.
Identification and analysis of strategic focus areas within the City.
Identification of specific strategic actions toward plan implementation, and a dedicated
implementation program.
Stantec has provided staff with a draft update and is ready to present that update to the City
Planning Commission on March 14th, and City Council on March 21st.
PRIOR ACTION
On March 14, The Planning and Zoning Commission voted (6-0) to recommend approval of
the City’s Comprehensive Plan and Future Land Use Map update.
ATTACHMENTS
1. Amending Ordinance and Comprehensive Plan and Future Land Use Map update.
283
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
ADDING APPENDIX D, BY PROVIDING FOR A COMPREHENSIVE
PLAN FOR THE CITY OF THE COLONY, TEXAS, WHICH IS
ATTACHED HERETO AS EXHIBIT “A,” AND IS INCORPORATED
HEREIN FOR ALL PURPOSES; PROVIDING A REPEALING CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas (hereinafter referred to as the “City”) desires
to develop a vision and a strategy for how future growth and potential redevelopment should occur
within the City, how established neighborhoods may be preserved and enhanced, and to establish
new policy and procedural guidelines to implement community values to promote sound
development and promote the health, safety and welfare of the community; and
WHEREAS,the new Comprehensive Plan concentrates on priorities that should be
addressed for future development, followed by longer term issues that may require attention now
and later; and
WHEREAS,the Comprehensive Plan provides recommendations for enhancing the
identity of the City, analyzing and improving its neighborhoods, promoting high quality design,
attractiveness, and strong economic performance along its major corridors, and providing urban
design guidance for the use and redevelopment of properties along those corridors; and
WHEREAS,State law requires that the adoption of such Plan by ordinance; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
adopt a newComprehensive Plan, which is attached hereto as Exhibit A, and is incorporated herein
for all purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1.That the City Council of the City of The Colony, Texas, hereby amends the
Code of Ordinances by adding Appendix D, entitled “Comprehensive Plan,” which is attached
hereto as Exhibit A, and incorporated herein for all purposes.
SECTION 2. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby, repealed, and all other
provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall
remain in full force and effect.
SECTION 3.That this Ordinance shall take effect immediately from and after its passage as
the law and charter in such cases provide.
284
DULY PASSED by the City Council of the City of The Colony, Texas, this the _______ day
of ___________________, 2023.
APPROVED:
Richard Boyer, Mayor
ATTEST:
Tina Stewart, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
285
Exhibit A
APPENDIX D - COMPREHENSIVE PLAN
1-100. The City of The Colony hereby adopts a Comprehensive Plan, dated March 21,
2023, a copy of which shall be maintained in the office of the city secretary, for
long range development providing for land use, transportation and public facilities
that are organized by subject or geographic area and which shall be used to
coordinate and guide the establishment of development regulations.
1-200. The Comprehensive Plan shall not constitute zoning regulations or establish
zoning district boundaries, but shall serve as a planning document to be used
solely as a guide and reference document.
1-300. The Comprehensive Plan may be amended by ordinance of the City Council
after a public hearing, review and recommendation by the Planning and Zoning
Commission.
286
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: March 21, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the
Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and
commercial or financial information the city has received from a business prospect(s), and to deliberate the
offer of a financial or other incentive to a business prospect(s).
B. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas
Government Code to deliberate the appointment, evaluation, reassignment, duties, or dismissal of Planning and
Zoning Commission board member.
Suggested Action:
Attachments:
287
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: March 21, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and
commercial or financial information the city has received from a business prospect(s), and the offer of a
financial or other incentive to a business prospect(s).
B. Any action as a result of executive session regarding the appointment, evaluation, reassignment, duties, or
dismissal of Planning and Zoning Commission board member.
Suggested Action:
Attachments:
288