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11.08.2011 Town Council PacketPage 1 of 3 ] 1. Call to Order / Roll Call 2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag 3. Announcements of dates and times of upcoming community events 4. Library presentation of Needs Assessment 5. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item without comment and may submit written comments as part of the official record.) MINUTES, RESOLUTIONS AND OTHER ITEMS 5a. Consider and act upon minutes from the following Council meeting (AP) • October 25, 2011 – Regular Town Council Meeting • November 1, 2011 – Work Session Meeting 5b. Consider and act on Ordinance No. 11-72 setting the speed limit on University Drive between FM 1385 and Custer Road as requested by Texas Department of Transportation. (KM) 6. CITIZEN’S COMMENTS (The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Comments Form” and present it to the Town Secretary prior to the meeting.) Other Comments by the Public REGULAR AGENDA (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Speaker Request Form” and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council.) AGENDA Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, November 8, 2011 at 6:00 p.m. Page 2 of 3 PUBLIC HEARING & DEPARTMENT RELATED ITEMS 7. A public hearing to consider and act upon a request for a Specific Use Permit (SUP) for a concrete batch plant, on 5.0± acres, located on the west side of Dallas Parkway, 900± feet south of First Street. The property is zoned Planned Development-19-Commercial Corridor. (PD-19-CC). (S11-0001). (CC) 8. A public hearing to consider and act upon a request to amend Chapter 4, Section 6.2(A)(8) (Outdoor Lighting) of the Town’s Zoning Ordinance. (Z11-0010). (CC) 9. Consider and act upon Ordinance No. 11-71 adopting land use assumptions and a capital improvements plan and establishing impact fees for water, wastewater, and roadways. (CC) 10. Consider and act upon 1) an award of bid to Tiseo Paving Co., 2) enter into a contract agreement with Tiseo Paving Co., regarding the construction services for the First Street (Craig Street to Coit Road) and Coit Road (US 380 to First Street) Improvements Project and 3) adopt Resolution No. 11-65 authorizing the Town Manager to execute the same. (MB) 11. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit; and Section 551.071 Meeting with City Attorney regarding a matter(s) in which the duty of the City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding: 11a. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the First Street/Coit Road Improvement projects. 11b. Section 551.071. Consultation with Town Attorney regarding agreement between the Town of Prosper and 166 Bryan Road Partners, LP for the Reduction of the Extraterritorial Jurisdiction of the Town of Prosper including a Strategic Partnership Agreement between the Town of Prosper and Denton County Fresh Water District No. 10. 11c. Section 551.087. To deliberate regarding Economic Development Incentive for properties located south of Fishtrap/First St., west of Coit Rd., east of FM 1385 and north of Highway 380. 11d. Section 551.072. To deliberate the purchase, exchange, lease, or value of real properties located south of Prosper Trail, west of Custer, east of the Dallas North Tollway and north of Highway 380. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. 12. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 13. Adjourn Page 3 of 3 CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to the general public at all times, and said notice was posted at least 72 hours before said meeting was convened. _________________________________ ________________ ____________________ Amy Piukana, TRMC Town Secretary Date Notice Posted Date Noticed Removed In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 551 of the Texas Government Code at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the Town Secretary’s Office at (972) 569-1013. BRAILLE IS NOT AVAILABLE. Page 1 of 6 ] Prosper is a place where everyone matters. 1. Call to Order / Roll Call. Mayor Smith called the meeting to order at 6:03 p.m. Council present included: Mayor Ray Smith, Mayor Pro-Tem Kenneth Dugger, Deputy Mayor Pro-Tem Meigs Miller, Danny Wilson, and Jason Dixon. Council Member(s) absent: Curry Vogelsang Jr. and Dave Benefield. Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary; Hulon Webb, Director of Development Services; Chris Copple, Planning & Zoning Manager; Matthew Garrett, Finance Director. 2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag. The invocation was given by Pastor Chris Schoolcraft with Prosper United Methodist Church. The pledge of allegiance and pledge to the Texas Flag was given. 3. Announcements of dates and times of upcoming community events. Town Manager Mike Land announced that the Texas Department of Transportation and Mario Sinacola and Sons Construction Company will host a Town Hall Meeting November 3, 2011 at Rucker Elementary School to discuss the construction schedule and details of the expansion of Preston Road. Mr. Land announced that the Town of Prosper has been awarded the 2011 Municipal Excellence Award for communication. Mr. Land reminded everyone that the Clothe a Child program is set for Saturday morning. 4. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item without comment and may submit written comments as part of the official record.) Mayor Smith made a motion to pull Agenda Item (4b.) off the consent agenda. Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 5-0. MINUTES, RESOLUTIONS AND OTHER ITEMS 4a. Consider and act upon minutes from the following Council meeting (AP) • October 11, 2011 – Regular Town Council Meeting MINUTES Regular Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, October 25, 2011 at 6:00 p.m. Page 2 of 6 4c. Consider and act upon Resolution No. 11-63 Second Amendment – Development and Financing Agreement between the Town of Prosper and Blue Star Land LP, 183 Land Corp. and Blue Star Allen Land LP. (ML) 4d. Consider and act upon Resolution No. 11-64 First Amendment - Water and Sewer Improvement Development Agreement between the Town of Prosper, Forest City Prosper Limited Partnership and Prosper Partners LP. (ML) 4e. Consider and act upon the September 2011 monthly financial statements. (MG) Council Member Wilson moved to approve Consent Items 4a, 4c, 4d and 4e, as presented. Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 5-0. 4b. Consider and act upon Resolution No. 11-62 supporting the reconstruction of US 380 from the Denton County Line east to Custer Road, including the addition of frontage roads between the Dallas North Tollway and SH 289 (Preston Road). (HW) Transportation Project Manager Rajesh Janarthanan presented a power point presentation regarding the TxDOT plans to widen US 380 from the Collin County Line east to Custer Road noting the Regional Transportation Council has allocated Regional Toll Revenue funds for design and construction of the US 380 from the Denton County Line to Coit Road. After discussion, Deputy Mayor Pro Tem Miller approved Agenda Item 4b. as presented. Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 5-0. 5. CITIZEN’S COMMENTS (The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Comments Form” and present it to the Town Secretary prior to the meeting.) Other Comments by the Public- There were no citizen comments. REGULAR AGENDA (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Speaker Request Form” and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council.) Council skipped to Agenda Item 10. EXECUTIVE SESSION Council Member Wilson made a motion to recess into Executive Session at 6:23 p.m. for items: 10a. Section 551.071. Consultation with Town Attorney regarding agreement between the Town of Prosper and 166 Bryan Road Partners, LP for the Reduction of the Extraterritorial Jurisdiction of the Town of Prosper including a Strategic Partnership Page 3 of 6 Agreement between the Town of Prosper and Denton County Fresh Water District No. 10. 10b. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the First Street/Coit Road Improvements project. Mayor Pro Tem Dugger made a motion to reconvene into Regular Session at 7:01 p.m. Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 5-0. No action was taken from Executive Session. PUBLIC HEARING & DEPARTMENT RELATED ITEMS 6. Consider and act upon a public hearing to consider and act upon Ordinance No. 11-70 to tax tangible personal property in transit which would otherwise be exempt pursuant to Texas Tax Code, Section 11.253. Town Manager Mike Land briefed Council regarding Legislature limiting the applicability of Tax Code 11.253 the Goods in Transit exemption. He explained that the exemption only applies to goods that are stored in a public warehouse owned by someone other than the owner of the goods. He explained the Town has a time limit to act which is before December 31, 2011 in order to continue to tax such goods in 2012. Council Member Dixon made a motion to open the Public Hearing. Motion seconded by Council Member Wilson. Motion approved by vote 5-0. There being no one present to speak, Mayor Pro Tem Dugger made a motion to close the public hearing. Motion seconded by Council Member Dixon. Motion approved by vote of 5-0. Council Member Dixon moved to approve Ordinance No. 11-70 to tax tangible personal property in transit which would otherwise be exempt pursuant to Texas Tax Code, Section 11.253. Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 5-0. 7. A public hearing to receive public comment concerning the amendment of the land use assumptions and capital improvements plan, and the imposition of an impact fee for water, wastewater and roadway utilities. Planning and Zoning Manager Chris Copple briefed Council regarding the Impact Fee Study performed by Freese & Nichols, and the CIAC recommendation letter. Scott Cole with Freese & Nichols and Jeff Whitacre presented a power point presentation with the breakdown of Impact Fees, Land Use Assumptions, Water and Wastewater Impact Fee Analysis and Roadway Impact Fees. Mayor Pro Tem Dugger made a motion to open the Public Hearing. Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 5-0. Chairman of the Capital Improvements Advisory Committee Mark DeMattia was present and spoke in support of the proposed Impact Fees. Developer Matt Robinson spoke in opposition and had concerns with excessive fee amounts to Developers through Impact Fees and asked Council to consider a fee survey with surrounding Page 4 of 6 cities. He recommended that Council consider approving a comprehensive plan before installation of costly infrastructure. Developer John Rose spoke in opposition and had concerns with the high fees compared to neighboring cities. Council Member Wilson made a motion to close the Public Hearing. Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 5-0. Council advised Staff to hold a future Work Session Meeting in order to discuss and provide direction regarding the amendment of the land use assumptions and capital improvements plan, and the imposition of an impact fee for water, wastewater and roadway utilities. 8. Discuss a Development Agreement between the Town of Prosper and Athlos Prosper Fund I, LP for the development 188 acres in the northwest quadrant of Hwy 380 and the Dallas North Tollway. Mike Land introduced Joe Drysdale. Mr. Drysdale explained that the project is a proposed mixed-use development of approximately 2.2 million gross square feet of non- residential space consisting of approximately 765,000 square feet of retail and hotel space, restaurant, and other commercial space, 1.5 million square feet of office space, and 2,400 multi-family units, and other ancillary facilities needed to support the development. Mr. Land explained the Development Agreement is a performance based agreement meaning any reimbursement/incentive is generated through the value and sales resulting from the construction and occupancy of the project. He noted the Agreement will require the financing and construction of the first mile of the southbound DNT frontage road between Hwy 380 and Fishtrap/First St. and Public Infrastructure including roads, water and sewer lines and other enhancements up to a maximum cost of approximately $41 million plus interest. The Developer and staff are currently evaluating the inclusion of the additional costs for the two (2) miles of frontage road between Fishtrap/First St. and Parvin/Frontier Parkway. The reimbursements for these expenditures are funded through the incremental increases within the project generated by the proposed private improvements and sales taxes received. The Town’s financial reimbursement for public infrastructure is capped at the approximate $41 million level plus interest. Any cost over and above these amounts will be the responsibility of the Developer without any reimbursement from the Town. This item was discussed and no action was taken. 9. Discuss an Agreement between the Town of Prosper and 166 Bryan Road Partners, LP for the Reduction of the Extraterritorial Jurisdiction of the Town of Prosper including a Strategic Partnership Agreement between the Town of Prosper and Denton County Fresh Water District No. 10. Town Manager Mike Land briefed Council regarding the proposed agreement noting the Developer desires to join this property with the existing District 10 Utility District. The District has the authority to construct the utility facilities and road improvements. The Town is authorized to enter into this agreement per the Local Government Code and the Texas Water Code. The Developer Judge Platt was present and briefed Council that in exchange for releasing the 166 acre tract, they are offering the Town a Strategic Partnership Agreement and full annexation option of the commercial tract within the previously released Comanche Ridge project. This option allows for the Town to do a couple of things during the initial and later years of the project. During the initial term of the project, the first 15 years, and including the optional two terms of 15 years each, the Town may impose its sales tax on any commercial development occurring on the commercial tract. The Developer is also requesting that the Page 5 of 6 Town share a portion of its sales tax collection. Secondly, the Developer is agreeable without objection to the Town performing a full annexation of the commercial tract after the first term of the agreement has concluded thus allowing the Town to collect the sales tax and ad valorem property tax. The Developer is offering for the Town’s consideration to enter into additional Strategic Partnership Agreements for two other areas for the purposes of collecting and sharing sales and use tax. The Developer is agreeable to designing the projects infrastructure to meet the North Texas Council of Government’s standards among others and design its drainage system for those areas that may flow east to Doe Branch in accordance with the Town’s drainage requirements. There is specific language in the agreement regarding the alignment of Parvin Road/Bryan Road expansion that should be examined. Building restrictions proposed by the Developer are as follows: 1. The average density of the Development shall not exceed 4.25 single family dwelling units per gross acre. 2. Multifamily residential dwelling units shall not be permitted within the Development. 3. Within the Development, the exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of ninety percent (90%) Masonry (as defined below). For purposes of this Paragraph 3, “Masonry” shall mean clay fired brick, natural and manufactured stone, granite, marble, stucco, and architectural concrete block. Masonry shall also include cementatious fiber board, but cementatious fiber board may only constitute fifty percent (50%) of stories other than the first story. However, cementatious fiber board may not be used as a façade cladding material for portions of upper stories that are in the same vertical plane as the first story. Cementatious fiber board may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features. The remaining ten percent (10%) of the exterior facades of a main building or structure, excluding glass windows and doors, shall not be wood, vinyl or EFIS. This item was discussed and no action was taken. Mayor Pro Tem Dugger made a motion to recess into Executive Session at 8:12 p.m. Motion seconded by Council Member Wilson. Motion approved by vote of 5-0. 10. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit; and Section 551.071 Meeting with City Attorney regarding a matter(s) in which the duty of the City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding: 10c. Section 551.072. To deliberate regarding Real Property located south of Prosper Trail, West of Custer, east of Dallas North Tollway and north of Highway 380. 10d. Section 551.087. To deliberate the purchase exchange, lease, or value of real property located south of Fishtrap, North of Hwy. 380, East of FM 1385, and West of Burlington Northern Railroad. 10e. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. Page 6 of 6 Mayor Pro Tem Dugger made a motion to reconvene into Regular Session at 8:33 p.m. Motion seconded by Council Member Wilson. Motion approved by vote of 5-0. No action was taken from Executive Session. 11. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. No items discussed. 12. Adjourn-Deputy Mayor Pro Tem Miller made a motion to adjourn. Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 5-0. The meeting adjourned at 8:38 p.m. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: ___________________________ Amy M. Piukana, TRMC Town Secretary Page 1 of 2 ] Prosper is a place where everyone matters. 1. Call to Order – Mayor Ray Smith, Mayor Pro Tem Kenneth Dugger, Council Member Jason Dixon and Council Member Danny Wilson. Absent – Deputy Mayor Pro Tem Miller, Council Member Curry Vogelsang, Jr. and Council Member Dave Benefield. 2. Discuss and provide direction regarding the amendment of the land use assumptions and capital improvements plan, and the imposition of an impact fee for water, wastewater and roadway utilities. After discussion with Staff and local Developers, Council directed Staff to draft the Impact Fee Ordinance in the following manner: • Water Impact Fees – Maximum allowable (50% of MAX) for all residential and non-residential uses - $3,900 per Service Unit Equivalent. • Wastewater Impact Fees – Maximum allowable (50% of MAX) for all residential and non- residential uses - $683 per Service Unit Equivalent. • Roadway Impact Fees – Maximum allowable (50% of MAX), except for the following uses, as shown in the attached spreadsheet. The fees below were reduced based on Council’s input: o Single Family House – 36% of MAX in Service Area 1 (West of BNSF Railroad) only. Results in a fee of $3,727 per house to match the amount of the maximum allowable fee in Service Area 2 (East of the BNSF Railroad). o Hotel – 25% of MAX o Multiplex Movie Theater - 25% of MAX o Day Care Center - 25% of MAX, in order to reduce the fee based on the amount of additional traffic that is considered “pass through”. o Corporate Headquarters Building - 25% of MAX o General Office Building - 25% of MAX o Medical-Dental Office Building - 25% of MAX o Single Tenant Office Building - 25% of MAX o Office Park - 25% of MAX o Fast Food Restaurant with Drive-thru Window - 40% of MAX o High Turnover (sit down) Restaurant - 25% of MAX o Quality Restaurant - 25% of MAX o Free-standing Discount Store - 25% of MAX o Home Improvement Store - 25% of MAX o Shopping Center - 25% of MAX o Supermarket - 25% of MAX o Toy/Children’s Superstore - 25% of MAX o Department Store - 25% of MAX MINUTES Prosper Town Council Work Session Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, November 1, 2011 at 7:00 p.m. Page 2 of 2 3. Adjourn- Mayor Pro Tem Dugger made a motion to adjourn. Motion seconded by Council Member Wilson. Motion approved by vote of 4-0. The meeting adjourned at 8:37 p.m. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: ___________________________ Mike Land, Town Manager Page 1 of 2 To: Mayor and Town Council From: Kirk McFarlin, Chief of Police Cc: Mike Land, Town Manager Amy Piukana, Town Secretary Re: Town Council Meeting –November 8, 2011 Date: November 3, 2011 Agenda Item: Consider and act on an Ordinance setting the speed limit on University Drive between FM 1385 and Custer Road as requested by Texas Department of Transportation. Description of Agenda Item: Texas Department of Transportation (TXDOT) has requested the Town of Prosper pass an ordinance that will lower the speed limit on westbound University (US 380) based on a speed study conducted by TXDOT, as well as vehicle crash data collected from McKinney, Frisco and Prosper. The recommended speed limits are: 60 miles per hour between FM 1385 and Redbud, and 55 miles per hour between Redbud and Custer Road. The Ordinance setting these speed limits is requested by TXDOT. TXDOT will post the required signage. The City of Frisco was also requested to pass an Ordinance based on these TXDOT recommendations. Budget Impact: Legal review and drafting of Ordinance. TXDOT will replace the signage. Legal Obligations and Review: Town Attorney drafted the attached Ordinance. Police Department Page 2 of 2 Attached Documents: Ordinance University Appendix A (speed study provided by TXDOT) Board, Committee and/or Staff Recommendation: Staff recommends passing this Ordinance to set the speed limits as requested by TXDOT. Possible Motion(s): I make the motion that the speed limits be set on westbound University from FM 1385 to Redbud at 60 miles per hour and from Redbud to Custer Road at 55 miles per hour. ORDINANCE ESTABLISHING SPEED LIMITS ALONG US HWY 380 (F.M. 1385 to Custer Road (F.M. 2478)) Page 1 601034.1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 11-72 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ESTABLISHING THE MAXIMUM SPEED LIMITS ON U.S. HIGHWAY 380, FROM F.M. 1385 TO CUSTER ROAD (F.M. 2478), LOCATED IN THE TOWN OF PROSPER, TEXAS, DENTON AND COLLIN COUNTIES, TEXAS; PROVIDING FOR NOTIFICATION OF THE MAXIMUM SPEED LIMIT BY THE INSTALLATION OF SIGNS AND MARKERS TO REGULATE VEHICULAR SPEED ON THE DESIGNATED STREETS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, §545.356 of the Texas Transportation Code provides that whenever the governing body of the municipality shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or prudent under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the Town of Prosper, Texas (“Prosper”), taking into consideration, among other things, the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and prudent prima facie speed limit thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; and WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”) finds it is necessary for the protection and safety for the citizens of Prosper to declare a reasonable and prudent speed along U.S. Highway 380 within the Town of Prosper, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Establishment of Prima Facie Speed. Upon the basis of an engineering and traffic investigation, prepared by the Texas Department of Transportation, attached hereto as Exhibit “A”, and incorporated herein for all purposes, and as authorized by the provisions of §545.356 of the Texas Transportation Code, the following prima facie speed limits hereinafter indicated for vehicles is hereby determined and declared to be safe, reasonable and prudent, and such speed limits are hereby fixed at the rate of speed indicated for traveling upon U. S. Highway 380, from F. M. 1385 to Custer Road (F.M. 2478), as follows: ORDINANCE ESTABLISHING SPEED LIMITS ALONG US HWY 380 (F.M. 1385 to Custer Road (F.M. 2478)) Page 2 601034.1 U.S. Highway 380: from the western right-of-way line of F.M. 1385 to the eastern right-of-way line of Redbud speed limit: 60 U.S. Highway 380: from the eastern right-of-way line of Redbud to the eastern right-of-way line of Custer Road (F.M. 2478) speed limit: 55 When no special hazards exist that require a lower speed, the speed of any vehicle not in excess of the limit specified shall be lawful, but any speed in excess of the limit specified shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful. SECTION 3: Placement of Signs. Signs indicating the speed limits provided herein shall be placed at the most advantageous points to be conspicuous to approaching vehicular traffic in accordance with the Texas Uniform Manual on Traffic Control Devices, as amended, promulgated by the Texas Department of Transportation. The signs shall be permanently affixed to a stationery post or other fixed object. The signs shall in no way be obstructed from view and shall comply with applicable state laws. The Town Manager, or his/her authorized representative, is authorized and directed to cause to be erected such appropriate signs. SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance is hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinances, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Penalty Provision. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00). The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin a violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Effective Date. This Ordinance shall be effective upon its passage and publication as required by law. ORDINANCE ESTABLISHING SPEED LIMITS ALONG US HWY 380 (F.M. 1385 to Custer Road (F.M. 2478)) Page 3 601034.1 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, on this ______ day of ________________, 2011. _____________________________________ Ray Smith, Mayor ATTESTED AND CORRECTLY RECORDED: _____________________________ Amy Piukana, TRMC Town Secretary Date of Publication: _________________________________________________, Prosper Enterprise ORDINANCE ESTABLISHING SPEED LIMITS ALONG US HWY 380 (F.M. 1385 to Custer Road (F.M. 2478)) Page 4 601034.1 EXHIBIT “A” Traffic Study ORDINANCE ESTABLISHING SPEED LIMITS ALONG US HWY 380 (F.M. 1385 to Custer Road (F.M. 2478)) Page 5 601034.1 ORDINANCE ESTABLISHING SPEED LIMITS ALONG US HWY 380 (F.M. 1385 to Custer Road (F.M. 2478)) Page 6 601034.1 ORDINANCE ESTABLISHING SPEED LIMITS ALONG US HWY 380 (F.M. 1385 to Custer Road (F.M. 2478)) Page 7 601034.1 ORDINANCE ESTABLISHING SPEED LIMITS ALONG US HWY 380 (F.M. 1385 to Custer Road (F.M. 2478)) Page 8 601034.1 ORDINANCE ESTABLISHING SPEED LIMITS ALONG US HWY 380 (F.M. 1385 to Custer Road (F.M. 2478)) Page 9 601034.1 ORDINANCE ESTABLISHING SPEED LIMITS ALONG US HWY 380 (F.M. 1385 to Custer Road (F.M. 2478)) Page 10 601034.1 ORDINANCE ESTABLISHING SPEED LIMITS ALONG US HWY 380 (F.M. 1385 to Custer Road (F.M. 2478)) Page 11 601034.1 ORDINANCE ESTABLISHING SPEED LIMITS ALONG US HWY 380 (F.M. 1385 to Custer Road (F.M. 2478)) Page 12 601034.1 ORDINANCE ESTABLISHING SPEED LIMITS ALONG US HWY 380 (F.M. 1385 to Custer Road (F.M. 2478)) Page 13 601034.1 ORDINANCE ESTABLISHING SPEED LIMITS ALONG US HWY 380 (F.M. 1385 to Custer Road (F.M. 2478)) Page 14 601034.1 To: Mayor and Town Council From: Chris Copple, AICP, Planning & Zoning Manager Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting – November 8, 2011 Date: November 3, 2011 Agenda Item: A public hearing to consider and act upon a request for a Specific Use Permit (SUP) for a Concrete Batching Plant on 5.0± acres, located on the west side of Dallas Parkway, 900± feet south of First Street. The property is zoned Planned Development-19-Commercial Corridor (PD-19-CC). (S11- 0001). History: On December 14, 2004, the Town Council adopted an ordinance rezoning the property Planned Development-19 (PD-19). PD-19 states that a Concrete Batching Plant is permitted by right, only when an on-site billing office is included, for five years after the adoption date of this Planned Development Ordinance. At the end of this five year period, any batch plant in operation shall be required to have obtained a Specific Use Permit (SUP) for continued operation, or cease operations. On December 8, 2009, the Town Council adopted an ordinance (Ord. No. 09-136) granting a SUP allowing for the existing Concrete Batch Plant to continue operation subject to the following conditions: 1. The SUP expires December 8, 2011, two years after the adoption of the ordinance. The applicant may seek a renewal term to the SUP in order to continue the Concrete Batching Plant use. 2. An on-site billing office is required to continue the Concrete Batching Plant use. The applicant has submitted a SUP application requesting to continue operation of the existing Concrete Batch Plant. Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan North Agricultural John Deere Nursery and Landscaping Tollway District East Commercial Corridor A-1 Grass, Sand and Stone Tollway District Prosper is a place where everyone matters. PLANNING South Single Family-15 Concrete Batching Plants Tollway District West Agricultural John Deere Nursery and Landscaping Tollway District Requested Zoning – S11-0001 is a request for a Specific Use Permit (SUP) for a Concrete Batching Plant on 5.0± acres, located on the west side of Dallas Parkway, 900± feet south of First Street. The Zoning Ordinance contains four criteria to be considered in determining the validity of a SUP request. These criteria, as well as staff’s responses for each, are below: 1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses? The surrounding properties are currently used as a nursery, major or concrete batching plant. The proposed uses in the Tollway District are office, retail, commercial, mixed use, and high density residential development. While the proposed use of concrete batching plant is harmonious and compatible with the surrounding existing uses, it is not harmonious and compatible with the surrounding proposed uses per existing zoning or the Future Land Use Plan. 2. Are the activities requested by the applicant normally associated with the requested use? The activities requested by the applicant, as shown on Exhibit B, are normally associated with the use of a concrete batching plant. 3. Is the nature of the use reasonable? The nature of the use is currently reasonable due to the surrounding existing uses and the access to Dallas Parkway. The nature of the use will not be reasonable in the future as office, retail, commercial, mixed use, and high density residential development start to develop along Dallas Parkway. 4. Has any impact on the surrounding area been mitigated? Concrete batching plants typically produce noise, dust, and have large amounts of material stored outside. The impact on the surrounding area has not been mitigated. The proposed concrete batch plant use is not harmonious and compatible with the proposed uses in the Tollway District and the impact on the surrounding area has not been mitigated. Therefore, this request does not satisfy the Town’s criteria for SUP approval. Future Land Use Plan – The Future Land Use Plan (FLUP) recommends Tollway District for the property. The FLUP states that the Tollway will be a major attractor for commercial, mixed use, and high density residential development. The proposed SUP request allows for continued operation of a concrete batching plant, an industrial use, on the property. Therefore, the SUP request does not conform to the FLUP. Conformance to the Thoroughfare Plan – The property is adjacent to the Dallas Parkway. The zoning exhibit complies with the Thoroughfare Plan. Water and Sanitary Sewer Services – Water service is currently provided by the Town and sewer is provided through the use of an aerobic septic system. Access – Access to the property is provided from Dallas Parkway. Adequate access is provided to the property. Schools – This property is located within the Prosper Independent School District (PISD). It is not anticipated that a school site will be needed on this property. Parks – It is not anticipated that this property will be needed for the development of a park. Environmental Considerations – There is no 100-year floodplain located on the property. Budget Impact: There are no significant budget implications associated with the approval of this SUP request. Legal Obligations and Review: Zoning is discretionary. Therefore, the Town Council is not obligated to approve the SUP request. Notification was provided to neighboring property owners as required by state law. Town staff has not received any public hearing notice reply forms. Attached Documents: 1. SUP Exhibits A and B. 2. Letter from applicant, Nelson Bros. Ready Mix, LTD. 3. Reported sales tax from Prosper office, submitted to Town staff by the applicant. 4. Zoning map of surrounding area. 5. Planned Development-19. 6. Ordinance 09-136 (SUP for a concrete batch plant) Planning & Zoning Commission Recommendation: At their October 18, 2011 meeting, the Planning & Zoning Commission recommended the Town Council approve a request for a Specific Use Permit (SUP) for a Concrete Batching Plant on 5.0± acres, located on the west side of Dallas Parkway, 900± feet south of First Street, by a vote of 7-0, subject to: 1. The SUP expires two years after the adoption of the ordinance. Town Staff Recommendation: Town staff recommends the Town Council deny the request for a Specific Use Permit (SUP) for a Concrete Batching Plant, because the request does not satisfy all the Town’s criteria for SUP approval and does not conform to the Future Land Use Plan. Possible Town Council Motions: For Approval of the request with conditions: I make a motion to approve the request for a Specific Use Permit (SUP) for a Concrete Batching Plant on 5.0± acres, located on the west side of Dallas Parkway, 900± feet south of First Street, subject to: 1. The SUP expires two years after the adoption of the ordinance. The applicant may seek a renewal term to the SUP in order to continue the Concrete Batching Plant use. 2. An on-site billing office is required to continue the Concrete Batching Plant use. All concrete deliveries from the physical Prosper location shall be billed from the Prosper office. For Denial of the request: I make a motion to deny the request for a Specific Use Permit (SUP) for a Concrete Batching Plant on 5.0± acres, located on the west side of Dallas Parkway, 900± feet south of First Street. For Tabling of the request: I make a motion to table the request for a Specific Use Permit (SUP) for a Concrete Batching Plant on 5.0± acres, located on the west side of Dallas Parkway, 900± feet south of First Street, to the December 13, 2011 Town Council meeting. S11-0001 A CC CC C CCCC SF-15 SF-15 CC SF-15 M PD-41 CC PD-20 CC PD-19 S-6 S DALLAS PKWYS DALLAS PKWY0 125 250 37562.5 Feet 1 inch = 250 feet To: Mayor and Town Council From: Chris Copple, AICP, Planning & Zoning Manager Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting – November 8, 2011 Date: November 3, 2011 Agenda Item: A public hearing to consider and act upon a request to amend Chapter 4, Section 6.2(A)(8) (Outdoor Lighting) of the Town’s Zoning Ordinance. (Z11-0010). Description of Agenda Item: The Zoning Ordinance currently allows for, but does not require, open areas used for motor vehicle parking, storage or access to be illuminated with freestanding luminaries. In the interest of improving public safety, the amendment to Chapter 4, Section 6.2(A)(8) of the Zoning Ordinance will require any open areas used for motor vehicle parking, storage or access to be illuminated by freestanding luminaries. Budget Impact: There are no significant budget implications associated with the approval of this amendment to the Zoning Ordinance. Legal Obligations and Review: Town staff has notified the public hearing as required by state law. Attached Documents: 1. Chapter 4, Section 6 (Outdoor Lighting) of the Zoning Ordinance. Planning & Zoning Commission Recommendation: At their October 18, 2011 meeting, the Planning & Zoning Commission recommended the Town Council approve an amendment to Chapter 4, Section 6.2 (A)(8) of the Zoning Ordinance as recommend by Town staff, by a vote of 7-0. Town Staff Recommendation: Town staff recommends the Town Council approve the following amendment to Chapter 4, Section 6.2 (A)(8) of the Zoning Ordinance which reads as follows (additions are underlined and deletions are struck through): Chapter 4, Section 6.2(A)(8) Prosper is a place where everyone matters. PLANNING 8. Any open area used for motor vehicle parking, storage or access may shall be illuminated with freestanding luminaries. Freestanding luminaries are permitted to be a maximum of thirty (30) feet in height. When a luminary is located within one hundred (100) feet of protected residential property, the maximum permitted luminaries height shall be twenty (20) feet. All luminaries must have a total cutoff angle equal to or less than ninety (90) degrees. The use of exterior lighting with a cutoff angle greater than ninety (90) degrees shall be permitted only when the Building Official finds the following: (i) that the proposed lighting is not in conflict with the stated purpose; (ii) that the proposed lighting will not unreasonably harm or restrict public health, safety and welfare or create a nuisance; and (iii) the proposed lighting will not result in an impairment of vision creating a hazard for vehicular or pedestrian traffic. CHAPTER 4 – DEVELOPMENT REQUIREMENTS SECTION 6 – OUTDOOR LIGHTING SECTION 6 OUTDOOR LIGHTING 6.1 PURPOSE The purpose of this Section is to: • Reduce the problems created by improperly designed and installed outdoor lighting. • Eliminate problems of glare on operators of motor vehicles, pedestrians and land uses. • Minimize light trespass. • Reduce the energy and financial costs of outdoor lighting by establishing regulations, which limit the area that certain kinds of outdoor lighting fixtures can illuminate. • Preserve the night sky as a natural resource and thus people’s enjoyment of looking at the sky and stars. 6.2 GENERAL REQUIREMENTS A. The following standards shall apply to all exterior lighting except public street lighting and other lighting that is specifically exempted by this Section. 1. Light sources or luminaries are prohibited in buffer areas and within required setback yard areas except on pedestrian walkways and hike and bike trails. 2. Light for outdoor advertising shall be designed to function as Full Cutoff Type of Luminary(s). Lighting intended for outdoor advertising shall be directed downward. The temporary use of lasers and spotlights that project light into the sky may be allowed subject to the restrictions of temporary outdoor lighting in Section 6.3 below. 3. All luminaries located on non-residential use properties shall be designed so that the light source (bulb or lamp) is completely shielded from direct view of at a point three (3) feet above grade on the lot line abutting a protected residential property. In all other instances, the light source must be completely shielded from direct view of at a point five (5) feet above grade on the lot line. 4. All luminaries located on private property shall be designed or positioned so that the maximum illumination at the property line next to protected residential property shall not exceed one-quarter (1/4) foot-candle and shall not exceed one-half (1/2) foot-candle adjacent to a street right-of-way. 5. All luminaries and light sources subject to this Section shall be maintained and kept in good working order. 6. Lighting for canopies covering fueling stations at automobile service stations and drive-thru facilities shall not illuminate abutting properties and the luminaries shall be designed so that the light source (bulb or lamp) is completely shielded from direct view at a point five (5) feet above the grade on the lot line. 7. Wall or roof lighting may be used to illuminate the pedestrian walkways, entrance areas, and yard areas within thirty (30) feet of the building. No wall or roof lighting shall be used to illuminate areas for motor vehicle parking or access unless the Building Official finds the following: (i) that the proposed lighting is not in conflict with the stated purpose; (ii) that the proposed lighting will not unreasonably harm or restrict public health, safety and welfare or create a nuisance; and (iii) the proposed lighting will not result in an impairment of vision creating a hazard for vehicular or pedestrian traffic. 4-6-1 CHAPTER 4 – DEVELOPMENT REQUIREMENTS SECTION 6 – OUTDOOR LIGHTING 8. Any open area used for motor vehicle parking, storage or access may be illuminated with freestanding luminaries. Freestanding luminaries are permitted to be a maximum of thirty (30) feet in height. When a luminary is located within one hundred (100) feet of protected residential property, the maximum permitted luminaries height shall be twenty (20) feet. All luminaries must have a total cutoff angle equal to or less than ninety (90) degrees. The use of exterior lighting with a cutoff angle greater than ninety (90) degrees shall be permitted only when the Building Official find the following: (i) that the proposed lighting is not in conflict with the stated purpose; (ii) that the proposed lighting will not unreasonably harm or restrict public health, safety and welfare or create a nuisance; and (iii) the proposed lighting will not result in an impairment of vision creating a hazard for vehicular or pedestrian traffic. 9. Externally illuminated signs, advertising displays, billboards, building identification, and monument signs shall use top mounted light fixtures which shine light downward and which are fully shielded or upward with pin-pointed light which are fully shielded. 10. Outdoor light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform shall use a very narrow cone of light for the purpose of confining the light to the object of interest and minimize spill-light and glare. 11. Building facades and architectural features of buildings may be floodlighted when the following conditions are met: (i) floodlight fixtures are equipped with shields and are located so as to limit the fixture’s direct light distribution to the façade or feature being illuminated; (ii) the configuration of the floodlight installation shall block all view to the floodlight fixture’s lamp from adjacent properties; and (iii) the maximum luminance of any floodlighted surface does not exceed the foot-candles specified in the Illuminating Engineering Society of North America Lighting Handbook for floodlighting surfaces. 6.3 TEMPORARY OUTDOOR LIGHTING A. Any temporary outdoor lighting that conforms to the requirements of this Section shall be allowed. Nonconforming temporary outdoor lighting may be permitted by the Planning & Zoning Commission after considering: 1. the nature of the exemption; 2. the public and/or private benefits that would result from the temporary lighting; 3. placement and height of outdoor light fixtures; 4. type of outdoor light fixture to be used, including total lumen output and character of shielding, if any; 5. any annoyance or safety problems that may result from the use of the temporary lighting; 6. the duration of the temporary nonconforming lighting and time that lights will be operating; and 7. such other data and information as may be required by the Building Official and/or Planning & Zoning Commission to clarify the request. B. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the Building Inspections Department who shall prepare and forward a report to the Planning & Zoning Commission for its consideration. 4-6-2 CHAPTER 4 – DEVELOPMENT REQUIREMENTS SECTION 6 – OUTDOOR LIGHTING 6.4 ILLUMINATION LEVELS The illumination levels contained in the Illuminating Engineering Society of North America Lighting Handbook, as amended from time to time, shall be used as a guide for providing adequate and safe illumination levels. The Planning & Zoning Commission may require conformance with the illumination levels contained in the Lighting Handbook, Illuminating Engineering Society of North America as part of the review and approval of a private and/or public development project. 6.5 METHOD OF MEASUREMENT The light measuring meter shall have a color and cosine-corrected sensor with multiple scales and shall read within an accuracy of plus or minus five (5) percent. It should have been tested, calibrated, and certified by an independent commercial photometric laboratory or the manufacturer within one (1) year of its use. Illumination levels shall be measured in foot-candles with a meter sensor in a horizontal position at an approximate height of three (3) feet above grade. Maximum illumination readings are to be taken directly beneath the luminaries. Readings should be taken after a cumulative initial lamp burn for a period of at least two hundred (200) hours. 6.6 EXTERIOR LIGHTING PLAN A. A lighting plan shall be required anytime exterior lighting is proposed, or modified, that is associated with a use of greater intensity than a single family detached or duplex dwelling. The lighting plan shall be submitted to the Building Inspections Department. The submission shall contain, but not be limited to the following: 1. plans indicating the location of the exterior lighting on the premises, and the type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices; 2. description of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices and the description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required) and height of the luminaries; and 3. photometric plan and data sheets, such as that furnished by manufacturers, or similar to that furnished by manufacturers, showing the angle of cut off or light emissions. B. A certified engineer, architect, landscape architect, or lighting engineer or designer shall prepare the plan. The plan shall also contain a certification by the property owner or agent and the preparer of the plan that the exterior lighting depicted on the plan complies with the requirements of this Ordinance after installation. Once the plan is approved by Building Inspections, the exterior lighting of the property shall conform to the approved plan. C. Additional Submission The above required plans, descriptions and data shall be sufficiently complete to enable the reviewer to readily determine whether compliance with the requirements of this Section will be secured. If such plans, descriptions and data cannot enable this ready determination, by reason of the nature or configuration or the devices, fixtures, or lamps proposed, the applicant shall additionally submit as evidence of compliance to enable such determination such certified reports of tests as will do so provided that these tests shall have been performed and certified by a recognized testing laboratory. Before issuance of a Certificate of Occupancy, the applicant or his/her designee shall submit to Building Inspections a photometric plan, stamped by a certified testing laboratory or engineering firm that the installed lighting is in compliance with this Section. D. Lamp or Fixture Substitution Should any outdoor light fixture or the type of light source therein be changed after the issuance of the building permit and/or Certificate of Occupancy, a change request with adequate information, as required in 4-6-3 CHAPTER 4 – DEVELOPMENT REQUIREMENTS SECTION 6 – OUTDOOR LIGHTING Section 6.6(A) above, to assure compliance with this Section must be submitted to the Building Official for review and approval prior to the substitution. 6.7 PROHIBITED The following are prohibited by this Section: A. “Cobra head” type lighting fixtures having dished or “drop” lenses or refractors which house other than incandescent light sources. B. Flickering or flashing lights. C. Exposed neon lighting, except for open/closed signs hanging inside a buildings door or window. 6.8 EXEMPTIONS The following are exempt from the standards contained in this Ordinance: A. Decorative seasonal lighting. The decorative seasonal lights shall be removed within a reasonable time after any given reason. The Building Official will determine what the “reasonable time” should be. B. Lighting for single family detached or duplex dwellings, provided that: 1. the lamps have a power rating of less than or equal to seventy-five (75) watts; 2. a cutoff component is incorporated in the design of the luminaries; 3. the lighting level at the property line shall not exceed the maximum level specified within this Section; and 4. The maximum lighting level at the property line may be exceeded in cases where the lamp is turned on and off by a motion sensor and the lamp is not on for a continuous period exceeding ten (10) minutes. C. Signs of the type constructed of translucent materials and wholly illuminated from within are exempt from the shielding requirement. D. Temporary emergency lighting used by police, fire fighters, or other emergency services, as well as all vehicular luminaries. E. Hazard warning luminaries, which are required by federal and state regulatory agencies. F. Residential party lights for social gatherings. Such temporary outdoor lighting includes, but is not limited to, strings of lights and lanterns. The party lights shall be removed within a reasonable time after any given reason. The Building Official will determine what the “reasonable time” should be. G. Because of their unique requirement for nighttime visibility and their limited hours of operations, public and commercial ball diamonds, playing fields, and tennis courts are exempted from the general standards of this section. Private ball diamonds, playing fields, and tennis courts on a Single Family lot built as an accessory use to the home on that lot are subject to the requirements of this Section. Lighting for these public and commercial outdoor recreational uses shall be shielded to minimize light and glare from spilling over onto protected residential properties. The maximum permitted illumination at the property line shall not exceed two (2) foot-candles. H. Town Council may vary from these requirements as part of the approval of public street or sidewalk projects. 6.9 NONCONFORMING LUMINARIES A. Exterior lighting luminaries in existence on the effective date of this Ordinance shall be considered nonconforming. Such fixtures may be repaired, maintained and replaced. However, the nonconforming lighting luminaries shall be replaced to comply with this Section when the property is redeveloped. B. Exterior lighting luminaries existing on the effective date of this Ordinance which are located on private non- 4-6-4 CHAPTER 4 – DEVELOPMENT REQUIREMENTS SECTION 6 – OUTDOOR LIGHTING 4-6-5 residentially used property and are found to direct light or glare to protected residential properties may be declared a public nuisance if the level of illumination on protected residential property, which is caused by the luminaries, is greater than one-quarter (¼) foot-candle. Such fixtures shall be altered to reduce the level of illumination in the protected residential property to a one-quarter (¼) foot-candle within two (2) months of receiving a written notice of the violation from the Town. Two (2) foot candles are allowed for public and commercial ball diamonds, playing fields and tennis courts. 6.10 ENFORCEMENT The Building Official, or his/her designee, is hereby empowered and directed to administer and enforce the provisions of this Section relating to outdoor light control. To: Mayor and Town Council From: Chris Copple, AICP, Planning & Zoning Manager Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting – November 8, 2011 Date: November 3, 2011 Agenda Item: Consider and act upon an ordinance adopting land use assumptions and a capital improvements plan and establishing impact fees for water, wastewater, and roadways. Description of Agenda Item: On November 1, 2011 the Town Council held a work session to discuss and provide direction regarding the amendment of the land use assumptions and capital improvements plan, and the imposition of an impact fee for water, wastewater and roadway utilities. The Town Council directed Town staff to draft an ordinance in accordance with the following comments: • Water Impact Fees – Set at the maximum allowable (50% of max) for all residential and non- residential uses - $3,900 per Service Unit Equivalent. • Wastewater Impact Fees – Set at the maximum allowable (50% of max) for all residential and non-residential uses - $683 per Service Unit Equivalent. • Roadway Impact Fees – Set at the maximum allowable (50% of max), except for the following uses: o Single Family House – 36% of max in Service Area 1 (West of BNSF Railroad) only. Results in a fee of $3,727 per house to match the amount of the maximum allowable fee in Service Area 2 (East of the BNSF Railroad). o Hotel – 25% of max o Multiplex Movie Theater - 25% of max o Day Care Center - 25% of max o Corporate Headquarters Building - 25% of max o General Office Building - 25% of max o Medical-Dental Office Building - 25% of max o Single Tenant Office Building - 25% of max o Office Park - 25% of max o Fast Food Restaurant with Drive-thru Window - 40% of max o High Turnover (sit down) Restaurant - 25% of max o Quality Restaurant - 25% of max o Free-standing Discount Store - 25% of max o Home Improvement Store - 25% of max o Shopping Center - 25% of max Prosper is a place where everyone matters. DEVELOPMENT SERVICES o Supermarket - 25% of max o Toy/Children’s Superstore - 25% of max o Department Store - 25% of max Town staff has prepared the ordinance in accordance with the Town’s Council’s direction from the November 1st work session. Budget Impact: The amount of impact fees assessed and collected directly impacts the amount of funds the Town is able to use to offset the cost of capital improvements. Legal Obligations and Review: The impact fee update process has been performed in accordance with Section 395 of the TxLGC. The required public hearing to receive public comment on the land use assumptions and capital improvements plan, and the imposition of an impact fee for water, wastewater and roadway utilities was held by the Town Council on October 25, 2011. The Town Attorney has reviewed the ordinance. Attached Documents: 1. Ordinance adopting land use assumptions and a capital improvements plan and establishing impact fees for water, wastewater, and roadways. Town Staff Recommendation: Town staff recommends the Town Council approve the ordinance adopting land use assumptions and a capital improvements plan and establishing impact fees for water, wastewater, and roadways as submitted. Impact Fee Ordinance Page 1 601125.1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 11-71 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ORDINANCE NOS. 95-01, 01-24, 02-19, 02-57 AND 06-91 REGARDING IMPACT FEES TO BE ASSESSED BY THE TOWN OF PROSPER, TEXAS; UPDATING THE LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN; ESTABLISHING A COLLECTION DATE; ESTABLISHING PROCEDURES AND REGULATIONS REGARDING IMPACT FEES; AUTHORIZING THE MAYOR TO SIGN THE APPROPRIATE COMPLIANCE STATEMENT; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has previously adopted Ordinance Nos. 95-01, 01-24, 02-19, 02-57 and 06-91 of the Town of Prosper, Texas (“Prosper”) establishing impact fees to be assessed by Prosper; and WHEREAS, Prosper has fully complied with Chapter 395, Local Government Code, concerning the notice, adoption, promulgation and methodology necessary to adopt land use assumptions and a capital improvement plan establishing impact fees and has properly adopted Ordinance Nos. 95-01, 01-24, 02-19, 02-57 and 06-91; and WHEREAS, the Town Council desires to amend the land use assumptions and amend the capital improvement plan and the amount of impact fees for water, sewer and roadways; and WHEREAS, Prosper has reviewed the land use assumptions and capital improvement plan, and the impact fees for water, sewer and roadways adopted under Ordinance Nos. 95-01, 01-24, 02- 19, 02-57 and 06-91 of Prosper in compliance with Chapter 395, Local Government Code; and WHEREAS, Prosper has, within sixty (60) days after the date it received the proposed land use assumptions, the capital improvement plan and assessment of impact fees adopted an order setting a public hearing to discuss and review the same and determine whether to amend them; and WHEREAS, on or before the date of the first publication of the notice of the hearing on the proposed amendments, including the amount of the proposed impact fee per service unit, such information was made available to the public; and WHEREAS, the Town Council held a public hearing to discuss the proposed amendments to the land use assumptions, capital improvement plan and impact fees for water, sewer and roadways; and WHEREAS, the Capital Improvements Advisory Committee, created under Section 395.058, Local Government Code, filed its written comments on the proposed amendments to the land use assumptions, capital improvement plan and impact fees for water, sewer and roadways before the Impact Fee Ordinance Page 2 601125.1 fifth (5th) business day before the date of the public hearing on the amendments; and WHEREAS, within thirty (30) days after the date of the public hearing on the proposed amendments to the land use assumptions, the Town Council is approving amendments to the land use assumptions, capital improvement plan and impact fees for water, sewer and roadways as more fully set forth below; and WHEREAS, Prosper has fully complied with Chapter 395, Local Government Code, to approve the proposed land use assumptions, capital improvement plan, and impact fees for water, sewer and roadways charged per service unit; and WHEREAS, the Town Council finds that it is in the best interest of the citizens of Prosper to adopt such land use assumptions and capital improvement plan, amend the impact fees for water, sewer and roadways. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Ordinance Nos. 95-01, 01-24, 02-19, 02-57 and 06-91. Ordinance Nos. 95-01, 01-24, 02-19, 02-57 and 06-91 are hereby amended, and Prosper’s land use assumptions, capital improvement plan and impact fee regulations for water, sewer and roadways are adopted as follows: “Article 1. Purpose. This Ordinance is intended to assure the provision of adequate public facilities to serve new development in the Town by requiring each such development to pay its share of the costs of such improvements necessitated by and attributable to such new development. Article 2. Definitions. Area-related facility means a capital improvement or facility expansion which is designated in the impact fee capital improvements plan and which is not a site-related facility. Area-related facility may include a capital improvement which is located offsite or within or on the perimeter of the development site. Capital improvement means any of the following facilities with a life expectancy of three (3) or more years that are owned and operated by or on behalf of Prosper: (a) water supply, treatment and distribution facilities; wastewater collection and treatment facilities; and storm water, drainage and flood control facilities, whether or not they are located within the service area; and Impact Fee Ordinance Page 3 601125.1 (b) roadway facilities. Capital Improvements Plan means a plan contemplated by the Ordinance that identifies capital improvements or facility expansions for which impact fees may be assessed. Facility expansion means the expansion of the capacity of an existing facility that serves the same function as an otherwise necessary new capital improvement, in order that the existing facility may serve new development. The term does not include the repair, maintenance, modernization or expansion of an existing facility to better serve existing development. Final plat or final plat approval or approved final plat means the point at which the applicant has complied with all conditions of approval for any type of plat required by law to be filed with the applicable county, including but not limited to, a final plat, replat, amending plat and vacating plat, and the subject plat has been approved by the Town. Impact fee means a charge or assessment imposed as set forth in this Ordinance against new development. The term does not include: (a) Required dedications of land for public parks or payments in lieu thereof; (b) Dedication of rights-of-way or easements or construction or dedication of onsite or off-site water distribution, waste water collection or drainage facilities, or streets, sidewalks, or curbs if the dedication or construction is required by a valid ordinance and is necessitated by and attributable to the new development; (c) Lot or acreage fees or pro-rata fees to be placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or sewer mains or lines; or (d) other pro rata fees for reimbursement of water or sewer mains or lines extended by Prosper. Land use assumptions means a description of the service area and the projections of changes in land uses, densities, intensities, population and employment growth in the service area over at least a ten (10) year period and adopted by the Town, as may be amended from time to time, upon which the capital improvements plans are based. New development means a project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure, or any use or extension of the use of land, any of which has the effect of increasing the requirements for capital improvements or facility expansions, measured by the number of service units to be generated by such activity, and which requires either the approval of a plat pursuant to the Town's subdivision regulations, the issuance of a building permit or connection to the Town's water or wastewater system, and which has not been exempted from these regulations by provisions herein or attached Impact Fee Ordinance Page 4 601125.1 hereto. Installation of a larger water meter will constitute new development. Off-site means a facility or expansion that is not a Site-related facility, as defined herein. Plat shall mean any type of plat required by law to be filed with the applicable county, including but not limited to, a final plat, replat, amending plat and vacating plat. Property owner has the same meaning as the term “subdivider” in the Town's subdivision regulations. Property owner includes the developer for the new development. Recoup means the imposition of an impact fee to reimburse the Town for capital improvements which the Town has previously oversized to serve new development. Roadway facilities means arterial or collector streets or roads that have been designated on Prosper’s official adopted roadway plan, together with all necessary appurtenances. The term includes, but is not limited to, Prosper’s share of costs for roadways and associated improvements designated on the federal or Texas highway system, including but not limited to, local matching funds and costs related to utility line relocation and the establishment of curbs, gutters, sidewalks and drainage appurtenances. The term also includes, but is not limited to, interest in land, traffic lanes, intersection improvements, traffic control devices and turn lanes associated with the roadway or street lighting. Service area means the area within the Town and/or the Town's extraterritorial jurisdiction, as identified in the land use assumptions, to be served by the capital improvements or facilities expansions specified in the capital improvements plan, except roadway facilities service area means any one of the individual services areas within the Town’s corporate boundaries as identified in the land use assumptions and the capital improvements plan. Service unit means the standardized measure of consumption, use, generation or discharge attributable to an individual unit of development, calculated in accordance with generally accepted engineering and/or planning standards, as indicated in the land use equivalency tables located in the Study (hereinafter defined). Single-family residential has the meaning given the term in the Town's zoning regulations, as they exist or may be amended. Site-related facility means an improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of roadway, water or wastewater facilities to serve the new development, and which is not included in the capital improvements plan and for which the property owner is solely responsible under subdivision or other applicable regulations or which is located at least partially on the plat which is being considered for impact fee assessment. Site-related facility includes that portion of an off-site water or wastewater main, equivalent to a standard size water or wastewater main, which is necessary to connect any new development with the Town's water or wastewater system, the cost of which has not been included in the Town's impact fee capital improvements plan. Impact Fee Ordinance Page 5 601125.1 Study means the “Water, Wastewater and Roadway Impact Fee Report” study, dated October 2011 and prepared by Freese & Nichols, Inc. on behalf of the Town, a copy of which is located in the Office of the Town Secretary and incorporated by reference herein, as may be amended from time to time. Town or Prosper means the Town of Prosper, Texas. Town Council means the Town Council of the Town of Prosper, Texas. Utility connection means authorization to install a water meter for connecting a new development to the Town's water system or to the Town's wastewater system. Wastewater facility means a wastewater interceptor or main, lift station or other facility or improvement used for providing wastewater collection and treatment included within the Town's collection system for wastewater. Wastewater facility includes, but is not limited to, land, easements or structures associated with such facilities. Wastewater facility excludes a site-related facility. Water facility means a water interceptor or main, pump station, storage tank or other facility or improvement used for providing water supply, treatment and distribution service included within the Town's water storage or distribution system. Water facility includes, but is not limited to, land, easements or structures associated with such facilities. Water facility excludes site-related facilities. Water meter means a device owned by the Town for measuring the flow of water to a development, whether for domestic or for irrigation purposes. Article 3. Applicability. The provisions of this Ordinance regarding water and wastewater impact fees apply to all new development within the corporate boundaries of the Town and its extraterritorial jurisdiction. The provisions of this Ordinance regarding roadway impact fees apply to all new development within the corporate boundaries of the Town. Article 4. Land Use Assumptions Adopted. The previously adopted land use assumptions have been reviewed, evaluated, updated and revised, and the Town Council finds that the land use assumptions set forth in the Study are hereby adopted and approved. Article 5. Capital Improvements Plan Adopted. The previously adopted capital improvements plan has been reviewed, evaluated, updated and revised, and the Town Council finds that the capital improvements plan set forth in the Study is hereby adopted and approved. Impact Fee Ordinance Page 6 601125.1 Article 6. Impact Fees Adopted. The previously adopted impact fees for roadways, water and wastewater have been reviewed, evaluated, updated and revised. The Town Council finds that: (1) the impact fees for roadways set forth in Exhibit “A”, “Roadway Impact Fee Schedule”, attached hereto and incorporated for all purposes, are hereby adopted and approved; and (2) the impact fees for water set forth in Exhibit “B”, “Water Impact Fee Schedule”, attached hereto and incorporated for all purposes, representing fifty percent (50%) of the total projected costs, are hereby adopted and approved; and (3) the impact fees for wastewater set forth in Exhibit “C”, Wastewater Impact Fee Schedule”, attached hereto and incorporated for all purposes, representing fifty percent (50%) of the total projected costs, are hereby adopted and approved. Article 7. Impact fee as condition of development approval/permit issuance. No final plat for new development shall be released for filing with the appropriate county, or in the cases for which no plat is submitted to Prosper, whether the property is located inside or outside the corporate boundaries of Prosper, no application for a utility connection shall be approved and/or no building permit and/or certificate of occupancy shall be issued, without assessment of an impact fee pursuant to this Ordinance. No building permit shall be issued, or in the cases for which no plat is submitted to Prosper, whether the property is located inside or outside the corporate boundaries of Prosper, no building permit and/or certificate of occupancy shall be issued and/or utility connection made, for new development, until the property owner has paid the impact fee imposed by and calculated herein or a contract for payment is approved by Prosper and executed by the parties. Article 8. Assessment of impact fees. (a) The assessment of the impact fee for any new development shall be calculated and made at the time of final plat approval (as defined in Article 2); however, for the sole purpose of phasing in the application of this Ordinance, final plats that have been approved by the Town on or before November 8, 2011, pursuant to the Town’s subdivision regulations, or for a final plat deemed approved by the Town on or before November 8, 2011 due to the Town’s failure to act, assessment for the new development to which the final plat applies shall be calculated and made in accordance with the impact fees existing on November 7, 2011. (b) Following initial assessment of the impact fee for a new development pursuant to subsection (a), the amount of the impact fee per service unit for that development cannot be increased, unless the approved final plat expires or lapses under applicable ordinances or law or the owner proposes to change the approved development by the submission of a new development application or application to increase the number of service units, in which case the impact fee will be reassessed for increased meter size or additional meters or service units at the impact fee rate then in effect. Impact Fee Ordinance Page 7 601125.1 (c) Following the lapse or expiration of a final plat that has been approved or a final plat deemed approved due to the Town’s failure to act, pursuant to the Town's subdivision regulations, a new assessment shall be performed at the time of new final plat approval in accordance with this Ordinance. Article 9. Computation and collection of impact fees. (a) The impact fees due on new development shall be collected at the time of application for a building permit or, in the cases for which no plat is submitted to Prosper, whether the property is located inside or outside the corporate boundaries of Prosper, at the time of application for building permit, utility connection or certificate of occupancy, whichever occurs first, unless an agreement between the developer and the Town has been executed providing for a different time of payment. (b) At the time of final plat approval, or the request for a utility connection for an area in the Town’s extraterritorial jurisdiction for which a final plat was not submitted to the Town, for all new developments, the Town shall compute the impact fees due for the new development in the following manner: (1) The amount of each type of impact fee due (roadway, water, and/or wastewater) shall be determined by multiplying the number of each type of service units generated by the new development by the impact fee due for each type of service unit in the applicable service area set forth in Exhibits A, B and/or C, respectively. (2) The amount of each impact fee due shall be reduced by any allowable credits for that category of capital improvements in the manner provided by this Ordinance. (c) Whenever a property owner proposes to increase the number of service units for a new development, the additional impact fees collected for such new service units shall be determined by using the amount of impact fee per service unit in Exhibits A, B and/or C then in effect, and such additional fee shall be collected at the time of issuance of a new building permit, or for an area in the Town’s extraterritorial jurisdiction for which a final plat was not required to be submitted to the Town, prior to or at the time of enlargement of the connection to the Town's water or wastewater system. Article 10. Credits against impact fees. (a) Any construction or contributions to or dedications of any area-related facility appearing in the capital improvements plan that is required to be constructed by a property owner as a condition of new development shall be credited against the impact fees otherwise due on that new development from the same category (roadway, water or wastewater) of impact fees assessed on the new development. (b) All credits against impact fees shall be subject to the following limitations and shall be Impact Fee Ordinance Page 8 601125.1 granted based on this Ordinance and any additional administrative guidelines that may be adopted by the Town. (1) No credit shall be given for the dedication or construction of site-related facilities. (2) No credit shall exceed an amount equal to the assessed impact fee. (3) If a credit applicable to a final plat has not been exhausted within ten (10) years from: (i) the acquisition of the first building permit issued; or, (ii) in the cases for which no plat is submitted to Prosper, whether the property is located inside or outside the corporate boundaries of Prosper, the acquisition of the first building permit issued, the acquisition of the first certificate of occupancy is issued or connection made after the effective date of the adoption of the applicable impact fees, whichever occurs first, or within such period as may otherwise be designated by contract, such credit shall lapse. (4) In no event will the Town reimburse the property owner or developer for a credit when no impact fees for the new development can be collected pursuant to Town ordinance or for any amount exceeding the total impact fees due for the new development for the category of capital improvement, unless otherwise agreed to by the Town. (c) The available credit associated with new development shall be applied against an impact fee in the following manner: (1) For single family residential lots in a new development consisting only of single family residential development, such credit shall be prorated equally among such lots, to be applied at the time of application of a building permit for each lot, against impact fees to be collected at the time the building permit is issued. (2) For all other types of new development, including those involving mixed uses, the credit applicable to the new development shall be applied to the impact fee due at the time of approval. (3) At its sole discretion, the Town may authorize alternative credit agreements upon written agreement with the property owner in accordance with the Town’s administrative guidelines. Article 11. Establishment of accounts. (a) The Town shall establish an account to which interest is allocated for each service area for each type of capital facility for which an impact fee is imposed. Each impact fee collected within the service area shall be deposited in such account. (b) Interest earned on the account into which the impact fees are deposited shall be considered Impact Fee Ordinance Page 9 601125.1 funds of the account and shall be used only in the same manner as which the underlying funds may be used. (c) The Town shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the accounts are utilized solely for authorized purposes. (d) The Town shall maintain and keep financial records for impact fees, which shall show the source and disbursement of all fees collected in or expended within each service area. The records of the account into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours. The Town may establish a fee for copying services. Article 12. Use of proceeds of impact fee accounts. (a) The impact fees collected for each service area may be used to finance or to recoup the costs of any capital improvements or facility expansion identified in the capital improvements plan for the service area, including but not limited to the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney's fees and expert witness fees). Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the Town to finance such capital improvements or facility expansion. (b) Impact fees collected pursuant to this Ordinance shall not be used to pay for any of the following expenses: (1) Construction, acquisition or expansion of public facilities or assets other than capital improvements or facility expansions identified in the capital improvements plan; (2) Repair, operation or maintenance of existing or new capital improvements or facility expansion; (3) Upgrade, update, expansion or replacement of existing capital improvements to provide better service to existing development; or (4) Administrative and operating costs of the Town. Article 13. Refunds. (a) Upon application by an owner of property, any impact fee or portion thereof collected pursuant to Town ordinance shall be refunded as specified in this Article if: (i) has not been expended within the service area within ten (10) years from the date of payment, or (ii) existing facilities are available and service is denied, or Impact Fee Ordinance Page 10 601125.1 (iii) the Town has, after collecting the impact fee when service was not available, failed to commence construction within two (2) years or service is not available within a reasonable period considering the type of improvement or expansion, but in no event later than five (5) years from the date of payment. (b) Payment shall be refunded to the record owner of the property for which the impact fee was paid or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of payment to the date of refund at the statutory rate as set forth in the Texas Finance Code, Section 302.002, or its successor statute. The application for refund pursuant to this article shall be submitted within sixty (60) days after the expiration of the ten-year period for expenditure of the fee. An impact fee shall be considered expended on a first-in, first-out basis. (c) An impact fee collected pursuant to this Ordinance shall also be considered expended if the total expenditures for capital improvements or facility within the service area within ten (10) years following the date of payment exceed the total fees collected within the service area for such improvements or expansions during such period. (d) If a refund is due pursuant to subsections (a) and (b), the Town shall divide the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the service area for the period to determine the refund due per service unit. The refund to the record owner shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. (e) Upon completion of all the capital improvements or facility expansions identified in the capital improvements plan for the service area, the Town shall recalculate the impact fee per service unit using the actual costs for the improvements or expansions. If the impact fee per service unit based on actual cost is less than the impact fee per service unit paid, the Town shall refund the difference, if such difference exceeds the impact fee paid by more than ten percent (10%). If the difference is less than ten percent (10%), no refund shall be due. The refund to the record owner shall be calculated by multiplying such difference by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. Article 14. Updates to plan and revision of fees. (a) The Town shall update its land use assumptions and capital improvements plans at least every five (5) years, commencing from the date of adoption of such plans, and shall recalculate the impact fees based thereon in accordance with the procedures set forth in Texas Local Government Code Chapter 395 or in any successor statute. (b) The Town may review its land use assumptions, impact fees, capital improvements plans and other factors such as market conditions more frequently than provided in subsection (a) to Impact Fee Ordinance Page 11 601125.1 determine whether the land use assumptions and capital improvements plan should be updated and the impact fee recalculated accordingly, or whether any Exhibits hereto should be changed. (c) If, at the time an update is required pursuant to subsection (a), the Town Council determines that no change to the land use assumptions, capital improvements plan or impact fee is needed, it may dispense with such update by following the procedures in Texas Local Government Code Section 395.0575, or its successor statute. (d) In addition to the reviews required by this Article, the Town shall also conduct the reviews required by Article 6, Impact Fees Adopted, above. Article 15. Use of other financing mechanisms. (a) The Town may finance capital improvements or facility expansion designated in the capital improvements plan through the issuance of bonds, through the formation of public utility districts or other assessment districts, or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law, in addition to the use of impact fees. (b) Except as herein otherwise provided, the assessment and collection of an impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property. Article 16. Impact fee as additional and supplemental regulation. Impact fees established by this Ordinance are additional and supplemental to, and not in substitution of, any other requirements imposed by the Town on the development of land or the issuance of building permits or certificates of occupancy. Such fee is intended to be consistent with and to further the policies of the Town's comprehensive land use plan, the capital improvements plan, the zoning ordinance, subdivision regulations and other Town policies, ordinances, codes and resolutions by which the Town seeks to ensure the provision of adequate public facilities in conjunction with the development of land. Article 17. Relief procedures. Any person who has paid an impact fee or an owner of land upon which an impact fee has been paid may petition the Town council to determine whether any duty required by this Ordinance has not been performed within the time so prescribed. The petition shall be in writing and shall state the nature of the unperformed duty and request that the duty be performed within sixty (60) days of the request. If the Town council determines that the duty is required pursuant to this Ordinance and is late in being performed, it shall cause the duty to commence within sixty (60) days of the date of the request and to continue until completion.” SECTION 3: Certificate of Compliance Statement. The Mayor is hereby authorized to sign Impact Fee Ordinance Page 12 601125.1 the appropriate annual compliance statement required under Section 395.082 of the Texas Local Government Code or its successor statute acknowledging compliance with the requirements thereof. SECTION 4: Saving/Repealing Clause. Unless otherwise set forth herein, Prosper Ordinance Nos. 06-91, 02-57, 02-19, 01-24 and 95-01 shall remain in full force and effect for final plats that have been approved by the Town on or before November 8, 2011, pursuant to the Town’s subdivision regulations, or for a final plat deemed approved by the Town on or before November 8, 2011 due to the Town’s failure to act, as set forth in Article 8, save and except as amended by this or any other ordinance. All provisions of any other ordinances in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 5: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 6: Effective Date. This Ordinance shall become effective immediately upon its adoption. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS on this 8th day of November, 2011. APPROVED AS TO FORM: ______________________________ Ray Smith, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: ____________________________ Amy Piukana, TRMC, Town Secretary DATE OF PUBLICATION: ____________________________, Prosper Press ITE Land Use Code Development Unit % of Max % of Max PORT AND TERMINAL Truck Terminal 030 Acre 50% 28,094$ 50% 20,184$ INDUSTRIAL General Light Industrial 110 1,000 SF GFA 50%4,160$ 50%2,989$ General Heavy Industrial 120 1,000 SF GFA 50%2,919$ 50%2,097$ Industrial Park 130 1,000 SF GFA 50%3,689$ 50%2,651$ Warehousing 150 1,000 SF GFA 50%1,481$ 50%1,064$ Mini-Warehouse 151 1,000 SF GFA 50%1,207$ 50%867$ RESIDENTIAL Single-Family Detached Housing 210 Dwelling Unit 36%3,727$ 50%3,727$ Apartment/Multi-family 220 Dwelling Unit 50%3,184$ 50%2,288$ Residential Condominium/Townhome 230 Dwelling Unit 50%2,671$ 50%1,919$ Mobile Home Park / Manufactured Housing 240 Dwelling Unit 50%3,030$ 50%2,177$ Senior Adult Housing-Detached 251 Dwelling Unit 50%1,387$ 50%996$ Senior Adult Housing-Attached 252 Dwelling Unit 50%822$ 50%590$ Assisted Living 254 Beds 50%1,130$ 50%812$ LODGING Hotel 310 Room 25%813$ 25%584$ Motel / Other Lodging Facilities 320 Room 50%1,293$ 50%929$ RECREATIONAL Golf Driving Range 432 Tee 50%3,441$ 50%2,472$ Golf Course 430 Acre 50%822$ 50%590$ Recreational Community Center 495 1,000 SF GFA 50%3,989$ 50%2,866$ Ice Skating Rink 465 1,000 SF GFA 50%6,497$ 50%4,668$ Miniature Golf Course 431 Hole 50%907$ 50%652$ Multiplex Movie Theater 445 Screens 25%18,768$ 25%13,484$ Racquet / Tennis Club 491 Court 50%9,219$ 50%6,624$ INSTITUTIONAL Church 560 1,000 SF GFA 50%993$ 50%713$ Day Care Center 565 1,000 SF GFA 25%6,274$ 25%4,508$ Primary/Middle School (1-8)522 Students 50%291$ 50%209$ High School 530 Students 50%231$ 50%166$ Junior / Community College 540 Students 50%214$ 50%154$ University / College 550 Students 50%377$ 50%271$ MEDICAL Exhibit A: Roadway Impact Fee Schedule, Town of Prosper Land Use Category 2011 Actual Roadway Impact Fee Per Development Unit Service Area 1 Service Area 2 Clinic 630 1,000 SF GFA 50%16,735$ 50%12,023$ Hospital 610 Beds 50%4,237$ 50%3,044$ Nursing Home 620 Beds 50%710$ 50%510$ Animal Hospital/Veterinary Clinic 640 1,000 SF GFA 50%10,666$ 50%7,663$ OFFICE Corporate Headquarters Building 714 1,000 SF GFA 25%3,270$ 25%2,349$ General Office Building 710 1,000 SF GFA 25%3,484$ 25%2,503$ Medical-Dental Office Building 720 1,000 SF GFA 25%8,085$ 25%5,809$ Single Tenant Office Building 715 1,000 SF GFA 25%4,045$ 25%2,906$ Office Park 750 1,000 SF GFA 25%3,458$ 25%2,485$ COMMERCIAL Automobile Related Automobile Care Center 942 1,000 SF Occ. GLA 50%5,581$ 50%4,010$ Automobile Parts Sales 843 1,000 SF GFA 50%9,382$ 50%6,740$ Gasoline/Service Station 944 Vehicle Fueling Position 50%4,134$ 50%2,970$ Gasoline/Service Station w/ Conv Market 945 Vehicle Fueling Position 50%3,022$ 50%2,171$ Gasoline/Service Station w/ Conv Market and Car 946 Vehicle Fueling Position 50%3,150$ 50%2,263$ New Car Sales 841 1,000 SF GFA 50%5,701$ 50%4,096$ Quick Lubrication Vehicle Shop 941 Servicing Positions 50%8,569$ 50%6,156$ Self-Service Car Wash 947 Stall 50%1,703$ 50%1,224$ Tire Store 848 1,000 SF GFA 50%8,226$ 50%5,910$ Dining -$ Fast Food Restaurant with Drive-Thru Window 934 1,000 SF GFA 40%27,748$ 40%19,936$ Fast Food Restaurant without Drive-Thru Window 933 1,000 SF GFA 50%26,801$ 50%19,256$ High Turnover (Sit-Down) Restaurant 932 1,000 SF GFA 25%6,514$ 25%4,680$ Quality Restaurant 931 1,000 SF GFA 25%4,301$ 25%3,090$ Coffee/Donut Shop with Drive-Thru Window 937 1,000 SF GFA 50%26,408$ 50%18,973$ Other Retail Free-Standing Discount Store 815 1,000 SF GFA 25%4,815$ 25%3,459$ Nursery (Garden Center)817 1,000 SF GFA 50%7,319$ 50%5,258$ Home Improvement Superstore 862 1,000 SF GFA 25%1,695$ 25%1,218$ Pharmacy/Drugstore w/o Drive-Thru Window 880 1,000 SF GFA 50%10,888$ 50%7,823$ Pharmacy/Drugstore w/ Drive-Thru Window 881 1,000 SF GFA 50%14,526$ 50%10,437$ Shopping Center 820 1,000 SF GLA 25%3,385$ 25%2,432$ Supermarket 850 1,000 SF GFA 25%9,245$ 25%6,642$ Toy/Children's Superstore 864 1,000 SF GFA 25%4,806$ 25%3,453$ Department Store 875 1,000 SF GFA 25%1,716$ 25%1,233$ Video Rental Store 896 1,000 SF GFA 50%18,712$ 50%13,444$ SERVICES -$ -$ Walk-In Bank 911 1,000 SF GFA 50%10,563$ 50%7,589$ Drive-In Bank 912 Drive-in Lanes 50%21,075$ 50%15,141$ Hair Salon 918 1,000 SF GLA 50%1,472$ 50%1,058$ Exhibit B: Water Impact Fee Schedule Exhibit C: Wastewater Impact Fee Schedule Meter Size Meter Type Wastewater Impact Fee (50% of the Maximum) 5/8” Displacement $273 1” Displacement $683 1-1/2” Displacement $1,366 1-1/2” Turbine $2,186 2” Displacement $2,186 2” Turbine $2,732 3” Compound $6,147 3” Turbine $6,147 4” Compound $13,660 4” Turbine I $16,392 6” Compound $27,320 6” Turbine $34,150 8” Turbine $54,640 10” Turbine $88,790 Meter Size Meter Type Water Impact Fee (50% of the Maximum) 5/8” Displacement $1,560 1” Displacement $3,900 1-1/2” Displacement $7,800 1-1/2” Turbine $12,480 2” Displacement $12,480 2” Turbine $15,600 3” Compound $35,100 3” Turbine $35,100 4” Compound $78,000 4” Turbine I $93,600 6” Compound $156,000 6” Turbine $195,000 8” Turbine $312,000 10” Turbine $507,000 Page 1 of 2 To: Mayor and Town Council From: Michael Bulla, CIP Project Manager Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Mike Land, Town Manager Re: Town Council Meeting – November 08, 2011 Date: November 03, 2011 Agenda Item: Consider and act upon 1) an award of bid to Tiseo Paving Co., 2) enter into a contract agreement with Tiseo Paving Co., regarding the construction services for the First Street (Craig Street to Coit Road) and Coit Road (US 380 to First Street) Improvements Project and 3) adopt a resolution authorizing the Town Manager to execute the same. Description of Agenda Item: On November 2, 2010 at 2:05pm, nine (9) bids were opened for the First Street and Coit Road Improvements Project. This project includes the installation of drainage, sanitary sewer and water improvements prior to the placement of concrete paving and will result in the construction of a four (4) lane divided concrete roadway to replace existing asphalt First Street, between the Preston Road and Coit Road, and Coit Road between US 380 and First Street. Tiseo Paving Co., was the low bidder at $7,549,978.00. Due to the size and scope of this project, a contingency amount of $100,000.00 will be added to the lowest bid amount to ensure efficiency when dealing with varying quantities and unforeseen items during construction. Budget Impact: The total cost of the construction contract is $7,649,978.00 and will be funded from the 2008 CO Bonds. The Town of Prosper will receive reimbursement for $2,659,575.00 of the actual construction costs and design costs as a result of the 2007 Collin County Transportation Bonds. Legal Obligations and Review: The contract is a standard construction contract previously approved by the Town Attorney. Attached Documents: The following documentation is being provided for review: 1. Bid Tabulations 2. Copy of Contract Agreement 3. Location Map 4. Resolution Prosper is a place where everyone matters. ENGINEERING Page 2 of 2 Town Staff Recommendation: Town staff recommends that the Town Council: 1) approve the bid to Tiseo Paving Co., in the amount of $7,649,978.00, 2) enter into a contract agreement with Tiseo Paving Co., regarding the construction services for the First Street (Craig Street to Coit Road) and Coit Road (US 380 to First Street) Improvements Project and 3) approve a resolution authorizing the Town Manager to execute the same. Project Cost Total Cost Total Cost Total Cost Total Cost Total Quantity Unit Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost P1 Preparation of Right of Way 158 STA 3,200.00$ 505,600.00$ 2,500.00$ 395,000.00$ 3,125.00$ 493,750.00$ 3,345.89$ 528,650.62$ 523.50$ 82,713.00$ P2 Unclassified Roadway Excavation 69938 CY 5.95$ 416,131.10$ 5.00$ 349,690.00$ 3.50$ 244,783.00$ 9.25$ 646,926.50$ 3.75$ 262,267.50$ P3 Channel Excavation 967 CY 10.00$ 9,670.00$ 6.00$ 5,802.00$ 12.50$ 12,087.50$ 11.00$ 10,637.00$ 10.56$ 10,211.52$ P4 Embankment (Density Control)31306 CY 2.00$ 62,612.00$ 1.00$ 31,306.00$ 0.50$ 15,653.00$ 2.00$ 62,612.00$ 1.94$ 60,733.64$ P5 Sawcut, Remove, Dispose Concrete Paving 7372 SY 5.75$ 42,389.00$ 5.00$ 36,860.00$ 6.00$ 44,232.00$ 7.50$ 55,290.00$ 4.04$ 29,782.88$ P6 Lime Treated Subgrade (8")4943 SY 2.00$ 9,886.00$ 3.20$ 15,817.60$ 2.50$ 12,357.50$ 2.78$ 13,741.54$ 3.55$ 17,547.65$ P7 Lime Treated Subgrade (6")112312 SY 1.15$ 129,158.80$ 2.00$ 224,624.00$ 1.40$ 157,236.80$ 1.99$ 223,500.88$ 2.69$ 302,119.28$ P8 Lime (Est. 55#/SY - 8", 41#/SY - 6")2439 TON 158.00$ 385,362.00$ 130.00$ 317,070.00$ 155.00$ 378,045.00$ 149.52$ 364,679.28$ 149.14$ 363,752.46$ P9 2" Ty "C" HMAC (Surface)2325 SY 13.25$ 30,806.25$ 12.00$ 27,900.00$ 10.75$ 24,993.75$ 10.40$ 24,180.00$ 9.74$ 22,645.50$ P10 2" Ty "D" HMAC (Surface)9312 SY 12.65$ 117,796.80$ 12.00$ 111,744.00$ 11.50$ 107,088.00$ 10.40$ 96,844.80$ 9.41$ 87,625.92$ P11 6" Ty "B" HMAC (Base)3785 SY 27.70$ 104,844.50$ 25.00$ 94,625.00$ 27.00$ 102,195.00$ 25.86$ 97,880.10$ 24.24$ 91,748.40$ P12 8" Ty "B" HMAC (Base)4799 SY 36.30$ 174,203.70$ 34.00$ 163,166.00$ 34.50$ 165,565.50$ 34.32$ 164,701.68$ 30.99$ 148,721.01$ P13 Reinforced Concrete Paving (8")100201 SY 25.15$ 2,520,055.15$ 26.00$ 2,605,226.00$ 25.00$ 2,505,025.00$ 27.47$ 2,752,521.47$ 34.25$ 3,431,884.25$ P14 Reinforced Concrete Paving (6")1246 SY 33.85$ 42,177.10$ 25.00$ 31,150.00$ 40.00$ 49,840.00$ 33.52$ 41,765.92$ 50.19$ 62,536.74$ P15 Concrete Curb (6" Monolithic)49388 LF 2.50$ 123,470.00$ 1.00$ 49,388.00$ 1.00$ 49,388.00$ 1.00$ 49,388.00$ 0.90$ 44,449.20$ P16 Concrete Curb (Mountable)195 LF 2.50$ 487.50$ 25.00$ 4,875.00$ 8.00$ 1,560.00$ 2.50$ 487.50$ 24.79$ 4,834.05$ P17 18" Concrete Curb & Gutter 133 LF 20.00$ 2,660.00$ 30.00$ 3,990.00$ 30.00$ 3,990.00$ 18.09$ 2,405.97$ 28.41$ 3,778.53$ P18 Concrete Street Header 523 LF 10.00$ 5,230.00$ 14.00$ 7,322.00$ 10.00$ 5,230.00$ 5.00$ 2,615.00$ 13.08$ 6,840.84$ P19 Reinforced Concrete Sidewalk (4")5550 SY 31.45$ 174,547.50$ 25.75$ 142,912.50$ 25.00$ 138,750.00$ 28.53$ 158,341.50$ 28.77$ 159,673.50$ P20 Reinf Concrete Sidewalk (w/ Int. Var Ht Ret. Wall )647 SY 76.25$ 49,333.75$ 135.00$ 87,345.00$ 125.00$ 80,875.00$ 86.89$ 56,217.83$ 182.51$ 118,083.97$ P21 Variable Height Retaining Wall 210 LF 145.00$ 30,450.00$ 160.00$ 33,600.00$ 185.00$ 38,850.00$ 101.36$ 21,285.60$ 224.50$ 47,145.00$ P22 Pedestrian Handrail (PRD-06) (Type "E")160 LF 76.25$ 12,200.00$ 115.00$ 18,400.00$ 85.00$ 13,600.00$ 128.80$ 20,608.00$ 71.22$ 11,395.20$ P23 8' Industrial Perimeter Fencing 966 LF 36.00$ 34,776.00$ 114.00$ 110,124.00$ 42.50$ 41,055.00$ 47.87$ 46,242.42$ 98.32$ 94,977.12$ P24 16' Ornamental Sliding Gate 2 EA 2,700.00$ 5,400.00$ 5,900.00$ 11,800.00$ 2,800.00$ 5,600.00$ 2,856.00$ 5,712.00$ 3,079.64$ 6,159.28$ P25 Stone Column for Industrial Fencing 16 EA 2,300.00$ 36,800.00$ 1,200.00$ 19,200.00$ 2,500.00$ 40,000.00$ 2,464.00$ 39,424.00$ 1,752.93$ 28,046.88$ P26 Barbed Wire Fence - TxDOT Type "C"8606 LF 3.14$ 27,022.84$ 3.80$ 32,702.80$ 4.50$ 38,727.00$ 3.42$ 29,432.52$ 3.64$ 31,325.84$ P27 Fence Gate - TxDOT Type "1"4 EA 700.00$ 2,800.00$ 800.00$ 3,200.00$ 750.00$ 3,000.00$ 728.00$ 2,912.00$ 759.32$ 3,037.28$ P28 Relocate Existing Metal Fencing 158 LF 26.00$ 4,108.00$ 20.00$ 3,160.00$ 27.50$ 4,345.00$ 28.00$ 4,424.00$ 63.23$ 9,990.34$ P29 Barrier Free Ramp 42 EA 618.00$ 25,956.00$ 750.00$ 31,500.00$ 900.00$ 37,800.00$ 859.76$ 36,109.92$ 1,179.35$ 49,532.70$ P30 Landscape Maintenance Ramp 19 EA 400.00$ 7,600.00$ 300.00$ 5,700.00$ 400.00$ 7,600.00$ 413.56$ 7,857.64$ 379.08$ 7,202.52$ P31 Median Nose Pavers 829 SY 67.10$ 55,625.90$ 60.00$ 49,740.00$ 59.00$ 48,911.00$ 63.49$ 52,633.21$ 60.96$ 50,535.84$ P32 Street Pavers 157 SY 40.00$ 6,280.00$ 80.00$ 12,560.00$ 35.00$ 5,495.00$ 37.80$ 5,934.60$ 98.67$ 15,491.19$ P33 Relocate Ex. Fire Hydrant Units 18 EA 1,800.00$ 32,400.00$ 2,000.00$ 36,000.00$ 2,000.00$ 36,000.00$ 1,351.72$ 24,330.96$ 1,029.61$ 18,532.98$ P34 Fire Hydrant Units 1 EA 4,100.00$ 4,100.00$ 4,000.00$ 4,000.00$ 6,000.00$ 6,000.00$ 4,932.51$ 4,932.51$ 3,357.74$ 3,357.74$ P35 Adjust Water Valve 70 EA 200.00$ 14,000.00$ 250.00$ 17,500.00$ 250.00$ 17,500.00$ 362.76$ 25,393.20$ 202.23$ 14,156.10$ P36 Adjust Sanitary Sewer Manhole 19 EA 1,150.00$ 21,850.00$ 700.00$ 13,300.00$ 1,200.00$ 22,800.00$ 726.14$ 13,796.66$ 961.81$ 18,274.39$ P37 Steel Encasement Pipe (24")(0.375")125 LF 88.00$ 11,000.00$ 125.00$ 15,625.00$ 100.00$ 12,500.00$ 91.27$ 11,408.75$ 141.14$ 17,642.50$ FIFTH BIDDER LONE STAR CIVIL CONST. 4320 Windsor Centre Trail #500 Flower Mound, Texas 75028 5,738,752.74$ 5,705,825.58$ FOURTH BIDDER Lacy Construction PO Box 541297 Dallas, Texas 75354-1297 5,238,789.89$ 5,123,924.90$ LOW BIDDER SECOND BIDDER Mario Sinacola & Sons 10950 Research Road Tiseo Paving 419 E. Highway 80 Mesquite, Texas 75150 Frisco, Texas 75034 FIRST STREET / COIT ROAD IMPROVEMENTS First Street - Craig Street to East of Coit Road Coit Road - US Highway 380 to North of First Street Item Description Earthwork & Paving Item # Total Earthwork & Paving Bid Amount THIRD BIDDER Ed Bell Construction PO Box 540787 Dallas, Texas 75354 4,972,428.05$ FIFTH BIDDER LONE STAR CIVIL CONST. 4320 Windsor Centre Trail #500 Flower Mound, Texas 75028 FOURTH BIDDER Lacy Construction PO Box 541297 Dallas, Texas 75354-1297 LOW BIDDER SECOND BIDDER Mario Sinacola & Sons 10950 Research Road Tiseo Paving 419 E. Highway 80 Mesquite, Texas 75150 Frisco, Texas 75034 FIRST STREET / COIT ROAD IMPROVEMENTS First Street - Craig Street to East of Coit Road Coit Road - US Highway 380 to North of First Street THIRD BIDDER Ed Bell Construction PO Box 540787 Dallas, Texas 75354 Project Cost Total Cost Total Cost Total Cost Total Cost Total Quantity Unit Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost D1 21" RCP 6349 LF 37.08$ 235,420.92$ 50.00$ 317,450.00$ 45.06$ 286,085.94$ 40.15$ 254,912.35$ 38.61$ 245,134.89$ D2 24" RCP 1026 LF 41.20$ 42,271.20$ 55.00$ 56,430.00$ 50.07$ 51,371.82$ 47.48$ 48,714.48$ 41.12$ 42,189.12$ D3 30" RCP 795 LF 54.60$ 43,407.00$ 60.00$ 47,700.00$ 66.34$ 52,740.30$ 59.95$ 47,660.25$ 51.21$ 40,711.95$ D4 36" RCP 651 LF 67.00$ 43,617.00$ 80.00$ 52,080.00$ 81.36$ 52,965.36$ 78.47$ 51,083.97$ 65.19$ 42,438.69$ D5 42" RCP 200 LF 89.65$ 17,930.00$ 135.00$ 27,000.00$ 108.90$ 21,780.00$ 100.96$ 20,192.00$ 85.05$ 17,010.00$ D6 48" RCP 109 LF 110.25$ 12,017.25$ 140.00$ 15,260.00$ 133.94$ 14,599.46$ 122.57$ 13,360.13$ 103.44$ 11,274.96$ D7 4'x2' RCB 473 LF 104.05$ 49,215.65$ 125.00$ 59,125.00$ 126.43$ 59,801.39$ 110.47$ 52,252.31$ 98.51$ 46,595.23$ D8 4'x3' RCB 42 LF 118.50$ 4,977.00$ 135.00$ 5,670.00$ 143.95$ 6,045.90$ 125.60$ 5,275.20$ 119.11$ 5,002.62$ D9 5'x2' RCB 210 LF 134.00$ 28,140.00$ 140.00$ 29,400.00$ 162.73$ 34,173.30$ 140.76$ 29,559.60$ 131.66$ 27,648.60$ D10 5'x3' RCB 161 LF 142.00$ 22,862.00$ 152.00$ 24,472.00$ 171.49$ 27,609.89$ 154.97$ 24,950.17$ 140.14$ 22,562.54$ D11 6'x2' RCB 225 LF 158.00$ 35,550.00$ 170.00$ 38,250.00$ 191.52$ 43,092.00$ 163.60$ 36,810.00$ 161.32$ 36,297.00$ D12 6'x3' RCB 528 LF 180.50$ 95,304.00$ 185.00$ 97,680.00$ 219.06$ 115,663.68$ 195.14$ 103,033.92$ 180.98$ 95,557.44$ D13 8'x3' RCB 258 LF 254.50$ 65,661.00$ 225.00$ 58,050.00$ 309.18$ 79,768.44$ 235.51$ 60,761.58$ 227.68$ 58,741.44$ D14 8'x4' RCB 350 LF 275.00$ 96,250.00$ 265.00$ 92,750.00$ 334.22$ 116,977.00$ 262.24$ 91,784.00$ 253.75$ 88,812.50$ D15 10'x3' RCB 84 LF 344.05$ 28,900.20$ 330.00$ 27,720.00$ 418.09$ 35,119.56$ 315.96$ 26,540.64$ 367.24$ 30,848.16$ D16 2-6'x4' MBC 269 LF 396.60$ 106,685.40$ 380.00$ 102,220.00$ 481.92$ 129,636.48$ 391.31$ 105,262.39$ 407.78$ 109,692.82$ D17 Storm Manhole - TxDOT Ty MH-M (6'x4')1 EA 3,685.00$ 3,685.00$ 6,000.00$ 6,000.00$ 4,380.63$ 4,380.63$ 4,131.00$ 4,131.00$ 4,272.81$ 4,272.81$ D18 Storm Junction Box J-6 (10'x4')1 EA 6,800.00$ 6,800.00$ 7,000.00$ 7,000.00$ 8,087.30$ 8,087.30$ 5,508.00$ 5,508.00$ 6,399.68$ 6,399.68$ D19 Storm Junction Box K-12 (16'x12')1 EA 18,185.00$ 18,185.00$ 14,000.00$ 14,000.00$ 21,633.53$ 21,633.53$ 12,240.00$ 12,240.00$ 14,671.40$ 14,671.40$ D20 8' Recessed Curb Inlet 12 EA 2,215.00$ 26,580.00$ 2,350.00$ 28,200.00$ 2,634.50$ 31,614.00$ 2,346.00$ 28,152.00$ 2,276.76$ 27,321.12$ D21 10' Recessed Curb Inlet 25 EA 2,475.00$ 61,875.00$ 2,500.00$ 62,500.00$ 2,940.84$ 73,521.00$ 2,499.00$ 62,475.00$ 2,370.55$ 59,263.75$ D22 12' Recessed Curb Inlet 20 EA 2,810.00$ 56,200.00$ 2,700.00$ 54,000.00$ 3,339.07$ 66,781.40$ 2,703.00$ 54,060.00$ 2,634.44$ 52,688.80$ D23 10' Standard Curb Inlet 1 EA 2,475.00$ 2,475.00$ 2,350.00$ 2,350.00$ 2,940.84$ 2,940.84$ 2,346.00$ 2,346.00$ 3,164.70$ 3,164.70$ D24 3' Type Y Inlet (Form Line Finish)5 EA 3,730.00$ 18,650.00$ 3,200.00$ 16,000.00$ 4,435.76$ 22,178.80$ 3,213.00$ 16,065.00$ 2,902.95$ 14,514.75$ D25 4' Type Y Inlet (Form Line Finish)1 EA 4,330.00$ 4,330.00$ 3,750.00$ 3,750.00$ 5,146.46$ 5,146.46$ 3,774.00$ 3,774.00$ 3,154.14$ 3,154.14$ D26 5' Type Y Inlet (Form Line Finish)2 EA 5,125.00$ 10,250.00$ 4,300.00$ 8,600.00$ 6,096.11$ 12,192.22$ 4,437.00$ 8,874.00$ 3,428.41$ 6,856.82$ D27 6' Type Y Inlet (Form Line Finish)1 EA 6,130.00$ 6,130.00$ 5,450.00$ 5,450.00$ 7,290.82$ 7,290.82$ 5,508.00$ 5,508.00$ 3,741.19$ 3,741.19$ D28 7' Type Y Inlet (Form Line Finish)1 EA 6,935.00$ 6,935.00$ 6,000.00$ 6,000.00$ 8,246.59$ 8,246.59$ 6,120.00$ 6,120.00$ 3,981.79$ 3,981.79$ D29 Safety End Treatment - PSET-RP (24" RCP)(6:1)3 EA 2,575.00$ 7,725.00$ 2,500.00$ 7,500.00$ 3,129.38$ 9,388.14$ 2,040.00$ 6,120.00$ 3,362.41$ 10,087.23$ D30 Headwall - CH-FW-S (42" RCP)(15° Skew)(3:1)1 EA 4,330.00$ 4,330.00$ 4,500.00$ 4,500.00$ 5,146.46$ 5,146.46$ 4,131.00$ 4,131.00$ 7,642.52$ 7,642.52$ D31 Flared Wingwalls - FW-S (4'x2' RCB)(15° Skew)(3:1)1 EA 6,900.00$ 6,900.00$ 5,000.00$ 5,000.00$ 8,191.45$ 8,191.45$ 4,539.00$ 4,539.00$ 8,782.94$ 8,782.94$ D32 Flared Wingwalls - FW-S (6'x3' RCB)(15° Skew)(3:1)1 EA 10,500.00$ 10,500.00$ 6,500.00$ 6,500.00$ 12,382.14$ 12,382.14$ 6,171.00$ 6,171.00$ 12,440.01$ 12,440.01$ D33 Flared Wingwalls - FW-S (10'x3' RBC)(45° Skew)(3:1)1 EA 25,160.00$ 25,160.00$ 15,000.00$ 15,000.00$ 29,929.12$ 29,929.12$ 14,688.00$ 14,688.00$ 20,668.42$ 20,668.42$ D34 Flared Wingwalls - FW-0 (8'x4' RBC)(3:1)2 EA 11,220.00$ 22,440.00$ 6,000.00$ 12,000.00$ 13,337.91$ 26,675.82$ 5,559.00$ 11,118.00$ 17,011.35$ 34,022.70$ D35 Flared Wingwalls - FW-0 (2-6'x4' MBC)(3:1)1 EA 12,110.00$ 12,110.00$ 7,000.00$ 7,000.00$ 14,403.97$ 14,403.97$ 6,681.00$ 6,681.00$ 20,668.42$ 20,668.42$ D36 Stone Riprap (TxDOT Common Grouted)441 SY 51.50$ 22,711.50$ 60.00$ 26,460.00$ 61.27$ 27,020.07$ 66.30$ 29,238.30$ 90.76$ 40,025.16$ D37 Trench Excavation Protection for Storm Sewer 11700 LF 0.10$ 1,170.00$ 2.00$ 23,400.00$ 0.25$ 2,925.00$ 0.28$ 3,276.00$ 0.85$ 9,945.00$ 1,284,831.31$ FIFTH BIDDER 1,267,368.29$ FOURTH BIDDER Total Storm Drainage Bid Amount LOW BIDDER SECOND BIDDER 1,263,350.12$ 1,372,467.00$ Storm Drainage Item #Item Description THIRD BIDDER 1,527,506.28$ FIFTH BIDDER LONE STAR CIVIL CONST. 4320 Windsor Centre Trail #500 Flower Mound, Texas 75028 FOURTH BIDDER Lacy Construction PO Box 541297 Dallas, Texas 75354-1297 LOW BIDDER SECOND BIDDER Mario Sinacola & Sons 10950 Research Road Tiseo Paving 419 E. Highway 80 Mesquite, Texas 75150 Frisco, Texas 75034 FIRST STREET / COIT ROAD IMPROVEMENTS First Street - Craig Street to East of Coit Road Coit Road - US Highway 380 to North of First Street THIRD BIDDER Ed Bell Construction PO Box 540787 Dallas, Texas 75354 Project Cost Total Cost Total Cost Total Cost Total Cost Total Quantity Unit Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost T1 Sign & Sign Post Assembly 108 EA 336.00$ 36,288.00$ 325.00$ 35,100.00$ 399.56$ 43,152.48$ 332.60$ 35,920.80$ 313.82$ 33,892.56$ T2 Relocate Exist Sign / Install New Post Assembly 39 EA 285.00$ 11,115.00$ 275.00$ 10,725.00$ 338.29$ 13,193.31$ 281.60$ 10,982.40$ 265.70$ 10,362.30$ T3 Remove Exist Sign & Post Assembly 1 LS 2,600.00$ 2,600.00$ 2,500.00$ 2,500.00$ 3,063.37$ 3,063.37$ 2,550.00$ 2,550.00$ 72.18$ 72.18$ T4 Solar Powered Flasher Assembly (Fire Station)1 LS 12,000.00$ 12,000.00$ 11,560.00$ 11,560.00$ 14,165.02$ 14,165.02$ 11,791.20$ 11,791.20$ 11,125.19$ 11,125.19$ T5 Relocate Existing Retail/Commerical Signage 1 LS 14,500.00$ 14,500.00$ 24,600.00$ 24,600.00$ 12,500.00$ 12,500.00$ 12,750.00$ 12,750.00$ 13,129.91$ 13,129.91$ T6 Relocate Existing Illumination Assembly 2 EA 4,000.00$ 8,000.00$ 3,800.00$ 7,600.00$ 4,656.33$ 9,312.66$ 3,876.00$ 7,752.00$ 3,657.07$ 7,314.14$ T7 Relf Pav. Marker (Cl B, Ty II-A-A)318 EA 3.65$ 1,160.70$ 2.85$ 906.30$ 3.49$ 1,109.82$ 3.57$ 1,135.26$ 3.37$ 1,071.66$ T8 Relf Pav. Marker (Cl B, Ty II-C-R)1311 EA 3.62$ 4,745.82$ 2.85$ 3,736.35$ 3.49$ 4,575.39$ 3.57$ 4,680.27$ 3.37$ 4,418.07$ T9 Refl. Pavement Marking (4")(White)(Broken)(Type I)23945 LF 0.96$ 22,987.20$ 0.75$ 17,958.75$ 0.92$ 22,029.40$ 0.95$ 22,747.75$ 0.90$ 21,550.50$ T10 Refl. Pavement Marking (4")(White)(Solid)(Type I)2520 LF 0.96$ 2,419.20$ 0.75$ 1,890.00$ 0.92$ 2,318.40$ 0.95$ 2,394.00$ 0.90$ 2,268.00$ T11 Refl. Pavement Marking (4")(Yellow)(Solid)(Type I)8770 LF 0.96$ 8,419.20$ 0.75$ 6,577.50$ 0.92$ 8,068.40$ 0.95$ 8,331.50$ 0.90$ 7,893.00$ T12 Refl. Pavement Marking (8")(White)(Solid)(Type I)7650 LF 1.50$ 11,475.00$ 1.35$ 10,327.50$ 1.65$ 12,622.50$ 1.48$ 11,322.00$ 1.40$ 10,710.00$ T13 Refl. Pavement Marking (8")(Yellow)(Solid)(Type I)950 LF 1.50$ 1,425.00$ 1.35$ 1,282.50$ 1.65$ 1,567.50$ 1.48$ 1,406.00$ 1.40$ 1,330.00$ T14 Refl. Pavement Marking (8")(White)(Dashed)(Type I)400 LF 2.60$ 1,040.00$ 1.35$ 540.00$ 1.65$ 660.00$ 2.55$ 1,020.00$ 2.41$ 964.00$ T15 Refl. Pavement Marking (12")(White)(Solid)(Type I)1924 LF 3.10$ 5,964.40$ 2.50$ 4,810.00$ 3.06$ 5,887.44$ 3.06$ 5,887.44$ 2.89$ 5,560.36$ T16 Refl. Pavement Marking (12")(Yellow)(Solid)(Type I)430 LF 3.10$ 1,333.00$ 2.50$ 1,075.00$ 3.06$ 1,315.80$ 3.06$ 1,315.80$ 2.89$ 1,242.70$ T17 Refl. Pavement Marking (24")(White)(Solid)(Type I)1071 LF 5.42$ 5,804.82$ 4.90$ 5,247.90$ 6.00$ 6,426.00$ 5.36$ 5,740.56$ 5.05$ 5,408.55$ T18 Crosswalk Yield Line (Type I)144 LF 41.00$ 5,904.00$ 8.00$ 1,152.00$ 9.80$ 1,411.20$ 39.78$ 5,728.32$ 37.53$ 5,404.32$ T19 Reflectorized Pavement Marker (Only)(Type I)55 EA 128.00$ 7,040.00$ 130.00$ 7,150.00$ 159.30$ 8,761.50$ 125.46$ 6,900.30$ 118.37$ 6,510.35$ T20 Reflectorized Pavement Marker (Arrow)(Type I)55 EA 110.00$ 6,050.00$ 110.00$ 6,050.00$ 134.79$ 7,413.45$ 105.06$ 5,778.30$ 99.13$ 5,452.15$ T21 Barrel Mounted Guardrail (w/Chevrons)288 LF 15.50$ 4,464.00$ 22.50$ 6,480.00$ 18.38$ 5,293.44$ 15.30$ 4,406.40$ 15.42$ 4,440.96$ T22 Type III Barricade (Perm Post Mount)108 LF 51.50$ 5,562.00$ 18.50$ 1,998.00$ 61.27$ 6,617.16$ 51.00$ 5,508.00$ 51.39$ 5,550.12$ T23 Metal Beam Guardrail Barricade 37.5 LF 36.50$ 1,368.75$ 20.00$ 750.00$ 42.89$ 1,608.38$ 35.70$ 1,338.75$ 35.97$ 1,348.88$ T24 Work Zone Traffic Control 1 LS 56,000.00$ 56,000.00$ 200,000.00$ 200,000.00$ 250,000.00$ 250,000.00$ 275,001.36$ 275,001.36$ 253,269.42$ 253,269.42$ T25 PVC Sch. 40 Conduit (2")(Illumination Conduit)4795 LF 4.12$ 19,755.40$ 4.00$ 19,180.00$ 4.90$ 23,495.50$ 4.08$ 19,563.60$ 3.85$ 18,460.75$ T26 PVC Sch. 40 Conduit (2")(Signal Conduit)1675 LF 4.12$ 6,901.00$ 4.00$ 6,700.00$ 4.90$ 8,207.50$ 4.08$ 6,834.00$ 3.85$ 6,448.75$ T27 PVC Sch. 40 Conduit (4")(Signal Conduit)1675 LF 6.00$ 10,050.00$ 5.80$ 9,715.00$ 7.11$ 11,909.25$ 5.92$ 9,916.00$ 5.58$ 9,346.50$ T28 Type "A" Ground Box (Illumination)72 EA 500.00$ 36,000.00$ 475.00$ 34,200.00$ 582.04$ 41,906.88$ 484.50$ 34,884.00$ 457.13$ 32,913.36$ T29 Type "C" Ground Box (Signal)24 EA 515.00$ 12,360.00$ 500.00$ 12,000.00$ 612.67$ 14,704.08$ 510.00$ 12,240.00$ 481.19$ 11,548.56$ FIFTH BIDDER 499,007.24$ FOURTH BIDDER 535,826.01$ 322,732.49$ 451,811.80$ LOW BIDDER SECOND BIDDER Total Traffic Control Bid Amount Traffic Control, Illumination & Irrigation Item #Item Description THIRD BIDDER 543,295.83$ FIFTH BIDDER LONE STAR CIVIL CONST. 4320 Windsor Centre Trail #500 Flower Mound, Texas 75028 FOURTH BIDDER Lacy Construction PO Box 541297 Dallas, Texas 75354-1297 LOW BIDDER SECOND BIDDER Mario Sinacola & Sons 10950 Research Road Tiseo Paving 419 E. Highway 80 Mesquite, Texas 75150 Frisco, Texas 75034 FIRST STREET / COIT ROAD IMPROVEMENTS First Street - Craig Street to East of Coit Road Coit Road - US Highway 380 to North of First Street THIRD BIDDER Ed Bell Construction PO Box 540787 Dallas, Texas 75354 Project Cost Total Cost Total Cost Total Cost Total Cost Total Quantity Unit Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost L1 Silt Fence (Install / Maintain / Remove)18990 LF 1.25$ 23,737.50$ 1.09$ 20,699.10$ 1.47$ 27,915.30$ 1.43$ 27,155.70$ 1.32$ 25,066.80$ L2 Inlet Protection 68 EA 62.00$ 4,216.00$ 100.00$ 6,800.00$ 61.27$ 4,166.36$ 102.00$ 6,936.00$ 48.12$ 3,272.16$ L3 Filter Dam 450 LF 21.00$ 9,450.00$ 17.00$ 7,650.00$ 17.15$ 7,717.50$ 25.50$ 11,475.00$ 13.47$ 6,061.50$ L4 Construction Exit 6 EA 1,500.00$ 9,000.00$ 1,024.20$ 6,145.20$ 1,225.35$ 7,352.10$ 943.50$ 5,661.00$ 962.39$ 5,774.34$ L5 Topsoil (4" Depth)9500 CY 3.00$ 28,500.00$ 4.00$ 38,000.00$ 10.00$ 95,000.00$ 4.72$ 44,840.00$ 11.64$ 110,580.00$ L6 Hydromulch (Per Seasonal Spec)59000 SY 0.56$ 33,040.00$ 0.33$ 19,470.00$ 0.66$ 38,940.00$ 0.69$ 40,710.00$ 0.29$ 17,110.00$ L7 Block Sod (Bermuda)26500 SY 2.22$ 58,830.00$ 1.70$ 45,050.00$ 2.65$ 70,225.00$ 2.09$ 55,385.00$ 2.32$ 61,480.00$ L8 Soil Retention Blanket 3000 SY 0.95$ 2,850.00$ 0.88$ 2,640.00$ 0.92$ 2,760.00$ 0.90$ 2,700.00$ 1.94$ 5,820.00$ L9 PVC Sch. 40 Conduit (4")(Irrigation Sleeve)3310 LF 2.35$ 7,778.50$ 2.25$ 7,447.50$ 2.76$ 9,135.60$ 2.30$ 7,613.00$ 2.17$ 7,182.70$ L10 Irrigation Valve Box (Rainbird VB-STD or Equiv)56 EA 26.00$ 1,456.00$ 25.00$ 1,400.00$ 30.63$ 1,715.28$ 25.50$ 1,428.00$ 24.06$ 1,347.36$ L11 Project Mowing & Landscape Maintenance 16 MO 1,900.00$ 30,400.00$ 250.00$ 4,000.00$ 1,800.00$ 28,800.00$ 1,836.00$ 29,376.00$ 1,316.92$ 21,070.72$ L12 Storm Water Pollution Prevention Plan 1 LS 4,500.00$ 4,500.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 5,068.00$ 5,068.00$ 769.91$ 769.91$ Project Cost Total Cost Total Cost Total Cost Total Cost Total Quantity Unit Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost FM1 Clearing & Grubbing along Proposed Sanitary Sewer Easement (East of Coit)1 LS $ 21,000.00 21,000.00$ 9,000.00$ 9,000.00$ 19,950.00$ 19,950.00$ 7,340.63$ 7,340.63$ 8,240.07$ 8,240.07$ FM2 12" PVC Sewer Line (SDR-26)2450 LF 68.00$ 166,600.00$ 56.00$ 137,200.00$ 69.30$ 169,785.00$ 33.45$ 81,952.50$ 36.98$ 90,601.00$ FM3 10" PVC Sewer Line (Force Main)(SDR-21)3678 LF 38.65$ 142,154.70$ 33.00$ 121,374.00$ 39.50$ 145,281.00$ 22.36$ 82,240.08$ 24.55$ 90,294.90$ FM4 8" PVC Sewer Line (SDR-26)220 LF 64.00$ 14,080.00$ 58.00$ 12,760.00$ 65.00$ 14,300.00$ 44.31$ 9,748.20$ 40.08$ 8,817.60$ FM5 4' Dia. Manhole 8 EA 3,000.00$ 24,000.00$ 4,200.00$ 33,600.00$ 3,050.00$ 24,400.00$ 3,342.49$ 26,739.92$ 4,474.15$ 35,793.20$ FM6 Connect to Existing Manhole 1 EA 725.00$ 725.00$ 2,000.00$ 2,000.00$ 735.00$ 735.00$ 4,130.63$ 4,130.63$ 10,310.75$ 10,310.75$ FM7 Demolition of Exist. Lift Station and Wet Well, Disposal of Materials Offsite 1 LS 10,300.00$ 10,300.00$ 5,000.00$ 5,000.00$ 10,000.00$ 10,000.00$ 5,820.15$ 5,820.15$ 4,547.44$ 4,547.44$ FM8 Remove and Dispose of Existing Sewer PVC 173 LF 16.50$ 2,854.50$ 15.00$ 2,595.00$ 17.00$ 2,941.00$ 10.98$ 1,899.54$ 6.30$ 1,089.90$ FM9 Concrete Encasement for Sanitary Sewer 192 LF 31.00$ 5,952.00$ 35.00$ 6,720.00$ 33.00$ 6,336.00$ 38.96$ 7,480.32$ 37.03$ 7,109.76$ FM10 6" Plug 1 EA 25.75$ 25.75$ 25.00$ 25.00$ 50.00$ 50.00$ 167.14$ 167.14$ 160.85$ 160.85$ FM11 8" Plug 2 EA 125.00$ 250.00$ 40.00$ 80.00$ 150.00$ 300.00$ 183.94$ 367.88$ 82.80$ 165.60$ FM12 2" Air Release Valve 2 EA 3,065.00$ 6,130.00$ 4,200.00$ 8,400.00$ 3,300.00$ 6,600.00$ 3,201.54$ 6,403.08$ 2,225.77$ 4,451.54$ FM13 Cut and Connect to Exist. 10" PVC Force Main 1 LS 705.00$ 705.00$ 1,500.00$ 1,500.00$ 700.00$ 700.00$ 1,115.67$ 1,115.67$ 3,090.92$ 3,090.92$ FM14 Trench Safety for Sanitary Sewer 6348 LF 0.10$ 634.80$ 1.00$ 6,348.00$ 0.25$ 1,587.00$ 0.56$ 3,554.88$ 0.86$ 5,459.28$ 265,535.49$ FIFTH BIDDER 270,132.81$ 238,347.70$ FOURTH BIDDER 238,960.62$ 395,411.75$ 346,602.00$ 213,758.00$ 169,301.80$ LOW BIDDER SECOND BIDDER LOW BIDDER SECOND BIDDER THIRD BIDDER FOURTH BIDDER FIFTH BIDDERErosion Control & Landscaping Item # Total Erosion Control & Landscaping * Force Main Items as prepared by and under the responsibility of Spiars Engineering. Engineering Estimate provided by Spiars Engineering. Item Description *Force Main Relocation Item #Item Description *Total Force Main Relocation 303,727.14$ THIRD BIDDER 402,965.00$ FIFTH BIDDER LONE STAR CIVIL CONST. 4320 Windsor Centre Trail #500 Flower Mound, Texas 75028 FOURTH BIDDER Lacy Construction PO Box 541297 Dallas, Texas 75354-1297 LOW BIDDER SECOND BIDDER Mario Sinacola & Sons 10950 Research Road Tiseo Paving 419 E. Highway 80 Mesquite, Texas 75150 Frisco, Texas 75034 FIRST STREET / COIT ROAD IMPROVEMENTS First Street - Craig Street to East of Coit Road Coit Road - US Highway 380 to North of First Street THIRD BIDDER Ed Bell Construction PO Box 540787 Dallas, Texas 75354 Project Cost Total Cost Total Cost Total Cost Total Cost Total Quantity Unit Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost AL1 Irrigation Line (3/4" Class 200 PVC Purple)1600 LF 0.21$ 336.00$ 0.20$ 320.00$ 0.25$ 400.00$ 0.20$ 320.00$ 0.19$ 304.00$ AL2 Irrigation Line (1" Class 200 PVC Purple)200 LF 0.28$ 56.00$ 0.25$ 50.00$ 0.31$ 62.00$ 0.26$ 52.00$ 0.24$ 48.00$ AL3 Irrigation Line (1-1/4" Class 200 PVC Purple)200 LF 0.42$ 84.00$ 0.40$ 80.00$ 0.49$ 98.00$ 0.41$ 82.00$ 0.38$ 76.00$ AL4 Irrigation Line (1-1/2" Class 200 PVC Purple)200 LF 0.55$ 110.00$ 0.52$ 104.00$ 0.64$ 128.00$ 0.53$ 106.00$ 0.50$ 100.00$ AL5 Irrigation Line (2" Class 200 PVC Purple)1000 LF 0.85$ 850.00$ 0.80$ 800.00$ 0.98$ 980.00$ 0.82$ 820.00$ 0.77$ 770.00$ AL6 Irrigation Line (2-1/2" Class 200 PVC Purple)250 LF 1.10$ 275.00$ 1.05$ 262.50$ 1.29$ 322.50$ 1.07$ 267.50$ 1.01$ 252.50$ AL7 PVC (Sch 40)(6" Sleeve)200 LF 4.40$ 880.00$ 4.25$ 850.00$ 5.21$ 1,042.00$ 4.34$ 868.00$ 4.09$ 818.00$ AL8 Remote Control Valve (1")10 EA 124.00$ 1,240.00$ 120.00$ 1,200.00$ 147.04$ 1,470.40$ 122.40$ 1,224.00$ 115.49$ 1,154.90$ AL9 Remote Control Valve (2")20 EA 210.00$ 4,200.00$ 200.00$ 4,000.00$ 245.07$ 4,901.40$ 204.00$ 4,080.00$ 192.48$ 3,849.60$ AL10 Quick Coupling Valve 2 EA 135.00$ 270.00$ 130.00$ 260.00$ 159.30$ 318.60$ 132.60$ 265.20$ 125.11$ 250.22$ AL11 2" Backflow Connection Assembly 2 EA 1,150.00$ 2,300.00$ 1,100.00$ 2,200.00$ 1,347.89$ 2,695.78$ 1,122.00$ 2,244.00$ 1,058.63$ 2,117.26$ AL12 Weather Station Assembly 2 EA 365.00$ 730.00$ 350.00$ 700.00$ 428.88$ 857.76$ 357.00$ 714.00$ 336.84$ 673.68$ AL13 Lawn Spray Head Assembly 40 EA 17.00$ 680.00$ 16.00$ 640.00$ 19.61$ 784.40$ 16.32$ 652.80$ 15.40$ 616.00$ AL14 Rotary Spray Head (Part Circle) Assembly 80 EA 36.05$ 2,884.00$ 35.00$ 2,800.00$ 42.89$ 3,431.20$ 35.70$ 2,856.00$ 33.68$ 2,694.40$ AL15 Rotary Spray Head (Full Circle) Asembly 40 EA 36.05$ 1,442.00$ 35.00$ 1,400.00$ 42.89$ 1,715.60$ 35.70$ 1,428.00$ 33.68$ 1,347.20$ AL16 Valve Wiring (UF - 12 Gauge)8000 LF 0.25$ 2,000.00$ 0.18$ 1,440.00$ 0.22$ 1,760.00$ 0.18$ 1,440.00$ 0.17$ 1,360.00$ AL17 Copper Service Line (2")100 LF 3.65$ 365.00$ 3.50$ 350.00$ 4.29$ 429.00$ 3.57$ 357.00$ 3.37$ 337.00$ AL18 Master Valve / Hydrometer IS-BM-20 2 EA 1,250.00$ 2,500.00$ 1,200.00$ 2,400.00$ 1,470.42$ 2,940.84$ 1,224.00$ 2,448.00$ 1,154.87$ 2,309.74$ AL19 Pressure Reducing Valve (2")5 EA 465.00$ 2,325.00$ 450.00$ 2,250.00$ 551.41$ 2,757.05$ 459.00$ 2,295.00$ 433.07$ 2,165.35$ AL20 Gate Valve (2")4 EA 95.00$ 380.00$ 90.00$ 360.00$ 110.28$ 441.12$ 91.80$ 367.20$ 86.62$ 346.48$ AL21 Gate Valve (2-1/2")2 EA 125.00$ 250.00$ 120.00$ 240.00$ 147.05$ 294.10$ 122.40$ 244.80$ 115.49$ 230.98$ AL22 Tapping Sleeve (2" x Linesize)2 EA 825.00$ 1,650.00$ 800.00$ 1,600.00$ 980.28$ 1,960.56$ 816.00$ 1,632.00$ 769.91$ 1,539.82$ AL23 Water Meter (2")4 EA 1,650.00$ 6,600.00$ 1,600.00$ 6,400.00$ 1,960.56$ 7,842.24$ 1,632.00$ 6,528.00$ 1,539.82$ 6,159.28$ AL24 Remove & Replant Existing Tree (7" Diameter or Less)14 EA 1,005.00$ 14,070.00$ 975.00$ 13,650.00$ 1,194.71$ 16,725.94$ 994.50$ 13,923.00$ 938.33$ 13,136.62$ AL25 Remove & Replant Existing Tree (8" - 12" Diameter)8 EA 2,700.00$ 21,600.00$ 2,600.00$ 20,800.00$ 3,185.91$ 25,487.28$ 2,652.00$ 21,216.00$ 2,502.21$ 20,017.68$ AL26 Plant Material (Tree)(Live Oak)(Min 4" Diameter)4 EA 285.00$ 1,140.00$ 275.00$ 1,100.00$ 336.97$ 1,347.88$ 280.50$ 1,122.00$ 264.66$ 1,058.64$ AL27 Plant Material (Tree)(Live Oak)(Min 8" Diameter)4 EA 2,475.00$ 9,900.00$ 2,400.00$ 9,600.00$ 2,940.84$ 11,763.36$ 2,448.00$ 9,792.00$ 2,309.73$ 9,238.92$ AL28 Plant Material (Tree)(Ash)(Min 8" Diameter)4 EA 2,575.00$ 10,300.00$ 2,500.00$ 10,000.00$ 3,063.37$ 12,253.48$ 2,550.00$ 10,200.00$ 2,405.97$ 9,623.88$ AL29 Plant Material (Tree)(White Elm)(Min 8" Diameter)2 EA 2,575.00$ 5,150.00$ 2,500.00$ 5,000.00$ 3,063.37$ 6,126.74$ 2,550.00$ 5,100.00$ 2,405.97$ 4,811.94$ AL30 Plant Material (Tree)(Crepe Myrtle)(Min 8" Diameter)10 EA 410.00$ 4,100.00$ 395.00$ 3,950.00$ 484.01$ 4,840.10$ 402.90$ 4,029.00$ 380.14$ 3,801.40$ AL31 Plant Material (Tree)(Cedar)(Min 4" Diameter)2 EA 305.00$ 610.00$ 295.00$ 590.00$ 361.48$ 722.96$ 300.90$ 601.80$ 283.90$ 567.80$ AL32 Plant Material (Tree)(Cedar)(Min 10" Diameter)2 EA 3,300.00$ 6,600.00$ 3,200.00$ 6,400.00$ 3,921.11$ 7,842.22$ 3,264.00$ 6,528.00$ 3,079.64$ 6,159.28$ AL33 Plant Material (Shrub)(2 Gal)50 EA 12.50$ 625.00$ 12.00$ 600.00$ 14.70$ 735.00$ 12.24$ 612.00$ 11.55$ 577.50$ AL34 Plant Material (Shrub)(5 Gal)25 EA 18.55$ 463.75$ 18.00$ 450.00$ 22.06$ 551.50$ 18.36$ 459.00$ 17.32$ 433.00$ AL35 Plant Material (Shrub)(15 Gal)15 EA 98.00$ 1,470.00$ 95.00$ 1,425.00$ 116.41$ 1,746.15$ 96.90$ 1,453.50$ 91.43$ 1,371.45$ AL36 Mulch 100 CY 37.50$ 3,750.00$ 36.00$ 3,600.00$ 44.11$ 4,411.00$ 36.72$ 3,672.00$ 34.65$ 3,465.00$ AL37 Plant Soil Mix 100 CY 37.50$ 3,750.00$ 36.00$ 3,600.00$ 44.11$ 4,411.00$ 36.72$ 3,672.00$ 34.65$ 3,465.00$ 107,248.52$ TOTAL PROJECT 3rd BID 8,165,508.11$ 113,671.80$ TOTAL PROJECT 3rd BID 8,100,000.00$ TOTAL PROJECT 2nd BID 7,575,579.00$ TOTAL PROJECT LOW BID 7,549,978.00$ 115,935.75$ 111,471.50$ 136,597.16$ LOW BIDDER SECOND BIDDER THIRD BIDDER FOURTH BIDDER FIFTH BIDDER Total Irrigation / Landscape Allowance Bid Amount Total Project Bid Amount Item Description Irrigation / Landscape Allowance (Allowance Bid for Replacement / Repair of Exist Irrigation & Landscape) Item # TOTAL PROJECT 3rd BID 7,886,519.46$ Project Quantity Unit P1 Preparation of Right of Way 158 STA P2 Unclassified Roadway Excavation 69938 CY P3 Channel Excavation 967 CY P4 Embankment (Density Control)31306 CY P5 Sawcut, Remove, Dispose Concrete Paving 7372 SY P6 Lime Treated Subgrade (8")4943 SY P7 Lime Treated Subgrade (6")112312 SY P8 Lime (Est. 55#/SY - 8", 41#/SY - 6")2439 TON P9 2" Ty "C" HMAC (Surface)2325 SY P10 2" Ty "D" HMAC (Surface)9312 SY P11 6" Ty "B" HMAC (Base)3785 SY P12 8" Ty "B" HMAC (Base)4799 SY P13 Reinforced Concrete Paving (8")100201 SY P14 Reinforced Concrete Paving (6")1246 SY P15 Concrete Curb (6" Monolithic)49388 LF P16 Concrete Curb (Mountable)195 LF P17 18" Concrete Curb & Gutter 133 LF P18 Concrete Street Header 523 LF P19 Reinforced Concrete Sidewalk (4")5550 SY P20 Reinf Concrete Sidewalk (w/ Int. Var Ht Ret. Wall )647 SY P21 Variable Height Retaining Wall 210 LF P22 Pedestrian Handrail (PRD-06) (Type "E")160 LF P23 8' Industrial Perimeter Fencing 966 LF P24 16' Ornamental Sliding Gate 2 EA P25 Stone Column for Industrial Fencing 16 EA P26 Barbed Wire Fence - TxDOT Type "C"8606 LF P27 Fence Gate - TxDOT Type "1"4 EA P28 Relocate Existing Metal Fencing 158 LF P29 Barrier Free Ramp 42 EA P30 Landscape Maintenance Ramp 19 EA P31 Median Nose Pavers 829 SY P32 Street Pavers 157 SY P33 Relocate Ex. Fire Hydrant Units 18 EA P34 Fire Hydrant Units 1 EA P35 Adjust Water Valve 70 EA P36 Adjust Sanitary Sewer Manhole 19 EA P37 Steel Encasement Pipe (24")(0.375")125 LF FIRST STREET / COIT ROAD IMPROVEMENTS First Street - Craig Street to East of Coit Road Coit Road - US Highway 380 to North of First Street Item Description Earthwork & Paving Item # Total Earthwork & Paving Bid Amount Cost Total Cost Total Cost Total Cost Total Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost 4,400.00$ 695,200.00$ 5,800.00$ 916,400.00$ 1,500.00$ 237,000.00$ 1,850.00$ 292,300.00$ 5.25$ 367,174.50$ 5.50$ 384,659.00$ 7.60$ 531,528.80$ 8.00$ 559,504.00$ 8.00$ 7,736.00$ 10.00$ 9,670.00$ 10.00$ 9,670.00$ 8.00$ 7,736.00$ 2.00$ 62,612.00$ 1.80$ 56,350.80$ 5.50$ 172,183.00$ 5.25$ 164,356.50$ 4.25$ 31,331.00$ 5.00$ 36,860.00$ 6.00$ 44,232.00$ 6.00$ 44,232.00$ 6.00$ 29,658.00$ 1.80$ 8,897.40$ 5.00$ 24,715.00$ 3.00$ 14,829.00$ 3.00$ 336,936.00$ 1.40$ 157,236.80$ 3.50$ 393,092.00$ 1.95$ 219,008.40$ 145.00$ 353,655.00$ 148.00$ 360,972.00$ 150.00$ 365,850.00$ 142.00$ 346,338.00$ 13.50$ 31,387.50$ 12.80$ 29,760.00$ 14.00$ 32,550.00$ 10.00$ 23,250.00$ 12.75$ 118,728.00$ 12.20$ 113,606.40$ 12.00$ 111,744.00$ 10.00$ 93,120.00$ 13.50$ 51,097.50$ 26.70$ 101,059.50$ 30.00$ 113,550.00$ 25.00$ 94,625.00$ 36.50$ 175,163.50$ 35.00$ 167,965.00$ 37.00$ 177,563.00$ 32.00$ 153,568.00$ 25.50$ 2,555,125.50$ 24.70$ 2,474,964.70$ 25.05$ 2,510,035.05$ 28.50$ 2,855,728.50$ 29.50$ 36,757.00$ 35.00$ 43,610.00$ 40.00$ 49,840.00$ 37.00$ 46,102.00$ 1.00$ 49,388.00$ 1.50$ 74,082.00$ 1.00$ 49,388.00$ 1.65$ 81,490.20$ 15.00$ 2,925.00$ 5.00$ 975.00$ 5.00$ 975.00$ 5.50$ 1,072.50$ 25.00$ 3,325.00$ 15.00$ 1,995.00$ 39.00$ 5,187.00$ 33.00$ 4,389.00$ 9.00$ 4,707.00$ 10.00$ 5,230.00$ 21.00$ 10,983.00$ 11.00$ 5,753.00$ 30.00$ 166,500.00$ 32.00$ 177,600.00$ 42.00$ 233,100.00$ 35.00$ 194,250.00$ 105.00$ 67,935.00$ 125.00$ 80,875.00$ 120.00$ 77,640.00$ 90.00$ 58,230.00$ 125.00$ 26,250.00$ 175.00$ 36,750.00$ 200.00$ 42,000.00$ 70.00$ 14,700.00$ 96.00$ 15,360.00$ 195.00$ 31,200.00$ 118.00$ 18,880.00$ 30.00$ 4,800.00$ 40.00$ 38,640.00$ 55.00$ 53,130.00$ 70.00$ 67,620.00$ 37.00$ 35,742.00$ 2,750.00$ 5,500.00$ 3,400.00$ 6,800.00$ 4,000.00$ 8,000.00$ 2,800.00$ 5,600.00$ 2,400.00$ 38,400.00$ 3,200.00$ 51,200.00$ 3,000.00$ 48,000.00$ 2,400.00$ 38,400.00$ 3.25$ 27,969.50$ 3.05$ 26,248.30$ 4.00$ 34,424.00$ 3.25$ 27,969.50$ 700.00$ 2,800.00$ 535.00$ 2,140.00$ 700.00$ 2,800.00$ 700.00$ 2,800.00$ 27.00$ 4,266.00$ 36.00$ 5,688.00$ 13.00$ 2,054.00$ 30.00$ 4,740.00$ 900.00$ 37,800.00$ 900.00$ 37,800.00$ 1,700.00$ 71,400.00$ 900.00$ 37,800.00$ 430.00$ 8,170.00$ 500.00$ 9,500.00$ 1,000.00$ 19,000.00$ 525.00$ 9,975.00$ 60.00$ 49,740.00$ 40.00$ 33,160.00$ 75.00$ 62,175.00$ 39.00$ 32,331.00$ 36.00$ 5,652.00$ 40.00$ 6,280.00$ 45.00$ 7,065.00$ 39.00$ 6,123.00$ 1,500.00$ 27,000.00$ 1,370.00$ 24,660.00$ 2,000.00$ 36,000.00$ 1,100.00$ 19,800.00$ 4,200.00$ 4,200.00$ 3,630.00$ 3,630.00$ 6,000.00$ 6,000.00$ 5,500.00$ 5,500.00$ 335.00$ 23,450.00$ 220.00$ 15,400.00$ 190.00$ 13,300.00$ 15.00$ 1,050.00$ 1,000.00$ 19,000.00$ 350.00$ 6,650.00$ 900.00$ 17,100.00$ 110.00$ 2,090.00$ 150.00$ 18,750.00$ 93.00$ 11,625.00$ 100.00$ 12,500.00$ 110.00$ 13,750.00$ SEVENTH BIDDER Glen Thurman Inc. PO Box 850842 5,564,629.90$ 5,500,289.00$ SIXTH BIDDER Haydon Building Corp. 4640 E. Cotton Gin Loop Phoenix, Arizona 85040 5,619,143.85$ EIGHTH BIDDER AUI Contractors 4775 N. Freeway NINTH BIDDER Jagoe Public Utilities PO Box 250 5,523,052.60$ Mesquite, Texas 75185 Fort Worth, Texas 76106 Denton, Texas 76202 FIRST STREET / COIT ROAD IMPROVEMENTS First Street - Craig Street to East of Coit Road Coit Road - US Highway 380 to North of First Street Project Quantity Unit D1 21" RCP 6349 LF D2 24" RCP 1026 LF D3 30" RCP 795 LF D4 36" RCP 651 LF D5 42" RCP 200 LF D6 48" RCP 109 LF D7 4'x2' RCB 473 LF D8 4'x3' RCB 42 LF D9 5'x2' RCB 210 LF D10 5'x3' RCB 161 LF D11 6'x2' RCB 225 LF D12 6'x3' RCB 528 LF D13 8'x3' RCB 258 LF D14 8'x4' RCB 350 LF D15 10'x3' RCB 84 LF D16 2-6'x4' MBC 269 LF D17 Storm Manhole - TxDOT Ty MH-M (6'x4')1 EA D18 Storm Junction Box J-6 (10'x4')1 EA D19 Storm Junction Box K-12 (16'x12')1 EA D20 8' Recessed Curb Inlet 12 EA D21 10' Recessed Curb Inlet 25 EA D22 12' Recessed Curb Inlet 20 EA D23 10' Standard Curb Inlet 1 EA D24 3' Type Y Inlet (Form Line Finish)5 EA D25 4' Type Y Inlet (Form Line Finish)1 EA D26 5' Type Y Inlet (Form Line Finish)2 EA D27 6' Type Y Inlet (Form Line Finish)1 EA D28 7' Type Y Inlet (Form Line Finish)1 EA D29 Safety End Treatment - PSET-RP (24" RCP)(6:1)3 EA D30 Headwall - CH-FW-S (42" RCP)(15° Skew)(3:1)1 EA D31 Flared Wingwalls - FW-S (4'x2' RCB)(15° Skew)(3:1)1 EA D32 Flared Wingwalls - FW-S (6'x3' RCB)(15° Skew)(3:1)1 EA D33 Flared Wingwalls - FW-S (10'x3' RBC)(45° Skew)(3:1)1 EA D34 Flared Wingwalls - FW-0 (8'x4' RBC)(3:1)2 EA D35 Flared Wingwalls - FW-0 (2-6'x4' MBC)(3:1)1 EA D36 Stone Riprap (TxDOT Common Grouted)441 SY D37 Trench Excavation Protection for Storm Sewer 11700 LF Total Storm Drainage Bid Amount Storm Drainage Item #Item Description SEVENTH BIDDER Glen Thurman Inc. PO Box 850842 SIXTH BIDDER Haydon Building Corp. 4640 E. Cotton Gin Loop Phoenix, Arizona 85040 EIGHTH BIDDER AUI Contractors 4775 N. Freeway NINTH BIDDER Jagoe Public Utilities PO Box 250 Mesquite, Texas 75185 Fort Worth, Texas 76106 Denton, Texas 76202 Cost Total Cost Total Cost Total Cost Total Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost 50.00$ 317,450.00$ 44.00$ 279,356.00$ 60.00$ 380,940.00$ 31.00$ 196,819.00$ 55.00$ 56,430.00$ 50.00$ 51,300.00$ 59.00$ 60,534.00$ 35.00$ 35,910.00$ 75.00$ 59,625.00$ 63.00$ 50,085.00$ 70.00$ 55,650.00$ 44.00$ 34,980.00$ 95.00$ 61,845.00$ 80.00$ 52,080.00$ 91.00$ 59,241.00$ 55.00$ 35,805.00$ 130.00$ 26,000.00$ 102.00$ 20,400.00$ 112.00$ 22,400.00$ 74.00$ 14,800.00$ 160.00$ 17,440.00$ 120.00$ 13,080.00$ 134.00$ 14,606.00$ 85.00$ 9,265.00$ 130.00$ 61,490.00$ 113.00$ 53,449.00$ 104.00$ 49,192.00$ 110.00$ 52,030.00$ 160.00$ 6,720.00$ 127.00$ 5,334.00$ 134.00$ 5,628.00$ 128.00$ 5,376.00$ 175.00$ 36,750.00$ 145.00$ 30,450.00$ 136.00$ 28,560.00$ 144.00$ 30,240.00$ 185.00$ 29,785.00$ 166.00$ 26,726.00$ 141.00$ 22,701.00$ 144.00$ 23,184.00$ 195.00$ 43,875.00$ 178.00$ 40,050.00$ 189.00$ 42,525.00$ 165.00$ 37,125.00$ 210.00$ 110,880.00$ 203.00$ 107,184.00$ 178.00$ 93,984.00$ 173.00$ 91,344.00$ 285.00$ 73,530.00$ 257.00$ 66,306.00$ 226.00$ 58,308.00$ 220.00$ 56,760.00$ 310.00$ 108,500.00$ 282.00$ 98,700.00$ 247.00$ 86,450.00$ 240.00$ 84,000.00$ 390.00$ 32,760.00$ 445.00$ 37,380.00$ 318.00$ 26,712.00$ 330.00$ 27,720.00$ 470.00$ 126,430.00$ 428.00$ 115,132.00$ 448.00$ 120,512.00$ 430.00$ 115,670.00$ 4,500.00$ 4,500.00$ 4,700.00$ 4,700.00$ 4,300.00$ 4,300.00$ 4,400.00$ 4,400.00$ 7,200.00$ 7,200.00$ 7,000.00$ 7,000.00$ 6,200.00$ 6,200.00$ 6,500.00$ 6,500.00$ 16,500.00$ 16,500.00$ 17,580.00$ 17,580.00$ 16,000.00$ 16,000.00$ 20,000.00$ 20,000.00$ 2,400.00$ 28,800.00$ 2,565.00$ 30,780.00$ 2,300.00$ 27,600.00$ 2,400.00$ 28,800.00$ 2,400.00$ 60,000.00$ 2,800.00$ 70,000.00$ 2,500.00$ 62,500.00$ 2,600.00$ 65,000.00$ 3,000.00$ 60,000.00$ 3,234.00$ 64,680.00$ 3,000.00$ 60,000.00$ 3,000.00$ 60,000.00$ 2,600.00$ 2,600.00$ 2,800.00$ 2,800.00$ 2,600.00$ 2,600.00$ 2,700.00$ 2,700.00$ 3,200.00$ 16,000.00$ 3,400.00$ 17,000.00$ 3,200.00$ 16,000.00$ 3,000.00$ 15,000.00$ 3,500.00$ 3,500.00$ 3,750.00$ 3,750.00$ 3,600.00$ 3,600.00$ 3,300.00$ 3,300.00$ 3,600.00$ 7,200.00$ 3,970.00$ 7,940.00$ 3,800.00$ 7,600.00$ 3,500.00$ 7,000.00$ 4,000.00$ 4,000.00$ 4,525.00$ 4,525.00$ 4,300.00$ 4,300.00$ 3,800.00$ 3,800.00$ 4,500.00$ 4,500.00$ 4,760.00$ 4,760.00$ 4,500.00$ 4,500.00$ 4,200.00$ 4,200.00$ 1,000.00$ 3,000.00$ 3,820.00$ 11,460.00$ 3,500.00$ 10,500.00$ 950.00$ 2,850.00$ 9,300.00$ 9,300.00$ 9,325.00$ 9,325.00$ 9,000.00$ 9,000.00$ 8,400.00$ 8,400.00$ 10,000.00$ 10,000.00$ 10,362.00$ 10,362.00$ 10,000.00$ 10,000.00$ 9,500.00$ 9,500.00$ 14,000.00$ 14,000.00$ 12,620.00$ 12,620.00$ 12,500.00$ 12,500.00$ 13,000.00$ 13,000.00$ 25,000.00$ 25,000.00$ 21,210.00$ 21,210.00$ 21,000.00$ 21,000.00$ 21,000.00$ 21,000.00$ 20,000.00$ 40,000.00$ 19,603.00$ 39,206.00$ 19,500.00$ 39,000.00$ 20,000.00$ 40,000.00$ 25,000.00$ 25,000.00$ 19,750.00$ 19,750.00$ 20,000.00$ 20,000.00$ 20,500.00$ 20,500.00$ 68.00$ 29,988.00$ 64.00$ 28,224.00$ 60.00$ 26,460.00$ 54.00$ 23,814.00$ 1.05$ 12,285.00$ 0.50$ 5,850.00$ 2.00$ 23,400.00$ 5.50$ 64,350.00$ 1,440,534.00$ SEVENTH BIDDER 1,552,883.00$ SIXTH BIDDER EIGHTH BIDDER 1,515,003.00$ NINTH BIDDER 1,275,142.00$ FIRST STREET / COIT ROAD IMPROVEMENTS First Street - Craig Street to East of Coit Road Coit Road - US Highway 380 to North of First Street Project Quantity Unit T1 Sign & Sign Post Assembly 108 EA T2 Relocate Exist Sign / Install New Post Assembly 39 EA T3 Remove Exist Sign & Post Assembly 1 LS T4 Solar Powered Flasher Assembly (Fire Station)1 LS T5 Relocate Existing Retail/Commerical Signage 1 LS T6 Relocate Existing Illumination Assembly 2 EA T7 Relf Pav. Marker (Cl B, Ty II-A-A)318 EA T8 Relf Pav. Marker (Cl B, Ty II-C-R)1311 EA T9 Refl. Pavement Marking (4")(White)(Broken)(Type I)23945 LF T10 Refl. Pavement Marking (4")(White)(Solid)(Type I)2520 LF T11 Refl. Pavement Marking (4")(Yellow)(Solid)(Type I)8770 LF T12 Refl. Pavement Marking (8")(White)(Solid)(Type I)7650 LF T13 Refl. Pavement Marking (8")(Yellow)(Solid)(Type I)950 LF T14 Refl. Pavement Marking (8")(White)(Dashed)(Type I)400 LF T15 Refl. Pavement Marking (12")(White)(Solid)(Type I)1924 LF T16 Refl. Pavement Marking (12")(Yellow)(Solid)(Type I)430 LF T17 Refl. Pavement Marking (24")(White)(Solid)(Type I)1071 LF T18 Crosswalk Yield Line (Type I)144 LF T19 Reflectorized Pavement Marker (Only)(Type I)55 EA T20 Reflectorized Pavement Marker (Arrow)(Type I)55 EA T21 Barrel Mounted Guardrail (w/Chevrons)288 LF T22 Type III Barricade (Perm Post Mount)108 LF T23 Metal Beam Guardrail Barricade 37.5 LF T24 Work Zone Traffic Control 1 LS T25 PVC Sch. 40 Conduit (2")(Illumination Conduit)4795 LF T26 PVC Sch. 40 Conduit (2")(Signal Conduit)1675 LF T27 PVC Sch. 40 Conduit (4")(Signal Conduit)1675 LF T28 Type "A" Ground Box (Illumination)72 EA T29 Type "C" Ground Box (Signal)24 EA Total Traffic Control Bid Amount Traffic Control, Illumination & Irrigation Item #Item Description SEVENTH BIDDER Glen Thurman Inc. PO Box 850842 SIXTH BIDDER Haydon Building Corp. 4640 E. Cotton Gin Loop Phoenix, Arizona 85040 EIGHTH BIDDER AUI Contractors 4775 N. Freeway NINTH BIDDER Jagoe Public Utilities PO Box 250 Mesquite, Texas 75185 Fort Worth, Texas 76106 Denton, Texas 76202 Cost Total Cost Total Cost Total Cost Total Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost 360.00$ 38,880.00$ 330.00$ 35,640.00$ 400.00$ 43,200.00$ 450.00$ 48,600.00$ 305.00$ 11,895.00$ 280.00$ 10,920.00$ 400.00$ 15,600.00$ 330.00$ 12,870.00$ 2,750.00$ 2,750.00$ 2,500.00$ 2,500.00$ 2,100.00$ 2,100.00$ 300.00$ 300.00$ 13,000.00$ 13,000.00$ 12,000.00$ 12,000.00$ 15,000.00$ 15,000.00$ 18,000.00$ 18,000.00$ 14,000.00$ 14,000.00$ 12,500.00$ 12,500.00$ 15,000.00$ 15,000.00$ 1,000.00$ 1,000.00$ 4,200.00$ 8,400.00$ 3,800.00$ 7,600.00$ 3,300.00$ 6,600.00$ 3,500.00$ 7,000.00$ 3.80$ 1,208.40$ 3.50$ 1,113.00$ 4.40$ 1,399.20$ 5.00$ 1,590.00$ 3.80$ 4,981.80$ 3.50$ 4,588.50$ 4.50$ 5,899.50$ 5.00$ 6,555.00$ 1.00$ 23,945.00$ 0.93$ 22,268.85$ 1.00$ 23,945.00$ 1.00$ 23,945.00$ 1.00$ 2,520.00$ 0.93$ 2,343.60$ 1.00$ 2,520.00$ 0.80$ 2,016.00$ 1.00$ 8,770.00$ 0.93$ 8,156.10$ 1.00$ 8,770.00$ 0.80$ 7,016.00$ 1.55$ 11,857.50$ 1.45$ 11,092.50$ 2.00$ 15,300.00$ 1.65$ 12,622.50$ 1.55$ 1,472.50$ 1.45$ 1,377.50$ 1.20$ 1,140.00$ 1.20$ 1,140.00$ 2.70$ 1,080.00$ 2.50$ 1,000.00$ 2.00$ 800.00$ 1.72$ 688.00$ 3.25$ 6,253.00$ 3.00$ 5,772.00$ 5.50$ 10,582.00$ 5.50$ 10,582.00$ 3.25$ 1,397.50$ 3.00$ 1,290.00$ 5.50$ 2,365.00$ 5.50$ 2,365.00$ 5.70$ 6,104.70$ 5.25$ 5,622.75$ 9.00$ 9,639.00$ 8.50$ 9,103.50$ 41.00$ 5,904.00$ 39.00$ 5,616.00$ 58.00$ 8,352.00$ 60.00$ 8,640.00$ 130.00$ 7,150.00$ 123.00$ 6,765.00$ 140.00$ 7,700.00$ 150.00$ 8,250.00$ 110.00$ 6,050.00$ 103.00$ 5,665.00$ 90.00$ 4,950.00$ 90.00$ 4,950.00$ 35.00$ 10,080.00$ 15.00$ 4,320.00$ 34.00$ 9,792.00$ 12.00$ 3,456.00$ 27.00$ 2,916.00$ 50.00$ 5,400.00$ 27.00$ 2,916.00$ 30.00$ 3,240.00$ 29.00$ 1,087.50$ 35.00$ 1,312.50$ 28.00$ 1,050.00$ 25.00$ 937.50$ 250,000.00$ 250,000.00$ 365,000.00$ 365,000.00$ 270,000.00$ 270,000.00$ 250,000.00$ 250,000.00$ 4.35$ 20,858.25$ 4.00$ 19,180.00$ 7.00$ 33,565.00$ 6.50$ 31,167.50$ 4.35$ 7,286.25$ 4.00$ 6,700.00$ 7.00$ 11,725.00$ 6.50$ 10,887.50$ 6.35$ 10,636.25$ 6.00$ 10,050.00$ 17.00$ 28,475.00$ 18.00$ 30,150.00$ 520.00$ 37,440.00$ 475.00$ 34,200.00$ 750.00$ 54,000.00$ 765.00$ 55,080.00$ 535.00$ 12,840.00$ 500.00$ 12,000.00$ 750.00$ 18,000.00$ 790.00$ 18,960.00$ SEVENTH BIDDER 621,993.30$ SIXTH BIDDER 530,763.65$ 630,384.70$ EIGHTH BIDDER NINTH BIDDER 591,111.50$ FIRST STREET / COIT ROAD IMPROVEMENTS First Street - Craig Street to East of Coit Road Coit Road - US Highway 380 to North of First Street Project Quantity Unit L1 Silt Fence (Install / Maintain / Remove)18990 LF L2 Inlet Protection 68 EA L3 Filter Dam 450 LF L4 Construction Exit 6 EA L5 Topsoil (4" Depth)9500 CY L6 Hydromulch (Per Seasonal Spec)59000 SY L7 Block Sod (Bermuda)26500 SY L8 Soil Retention Blanket 3000 SY L9 PVC Sch. 40 Conduit (4")(Irrigation Sleeve)3310 LF L10 Irrigation Valve Box (Rainbird VB-STD or Equiv)56 EA L11 Project Mowing & Landscape Maintenance 16 MO L12 Storm Water Pollution Prevention Plan 1 LS Project Quantity Unit FM1 Clearing & Grubbing along Proposed Sanitary Sewer Easement (East of Coit)1 LS FM2 12" PVC Sewer Line (SDR-26)2450 LF FM3 10" PVC Sewer Line (Force Main)(SDR-21)3678 LF FM4 8" PVC Sewer Line (SDR-26)220 LF FM5 4' Dia. Manhole 8 EA FM6 Connect to Existing Manhole 1 EA FM7 Demolition of Exist. Lift Station and Wet Well, Disposal of Materials Offsite 1 LS FM8 Remove and Dispose of Existing Sewer PVC 173 LF FM9 Concrete Encasement for Sanitary Sewer 192 LF FM10 6" Plug 1 EA FM11 8" Plug 2 EA FM12 2" Air Release Valve 2 EA FM13 Cut and Connect to Exist. 10" PVC Force Main 1 LS FM14 Trench Safety for Sanitary Sewer 6348 LF Erosion Control & Landscaping Item # Total Erosion Control & Landscaping * Force Main Items as prepared by and under the responsibility of Spiars Engineering. Engineering Estimate provided by Spiars Engineering. Item Description *Force Main Relocation Item #Item Description *Total Force Main Relocation SEVENTH BIDDER Glen Thurman Inc. PO Box 850842 SIXTH BIDDER Haydon Building Corp. 4640 E. Cotton Gin Loop Phoenix, Arizona 85040 EIGHTH BIDDER AUI Contractors 4775 N. Freeway NINTH BIDDER Jagoe Public Utilities PO Box 250 Mesquite, Texas 75185 Fort Worth, Texas 76106 Denton, Texas 76202 Cost Total Cost Total Cost Total Cost Total Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost 1.25$ 23,737.50$ 1.15$ 21,838.50$ 1.35$ 25,636.50$ 1.20$ 22,788.00$ 100.00$ 6,800.00$ 94.00$ 6,392.00$ 92.00$ 6,256.00$ 99.00$ 6,732.00$ 20.00$ 9,000.00$ 21.00$ 9,450.00$ 18.00$ 8,100.00$ 19.00$ 8,550.00$ 950.00$ 5,700.00$ 1,320.00$ 7,920.00$ 850.00$ 5,100.00$ 900.00$ 5,400.00$ 9.50$ 90,250.00$ 10.50$ 99,750.00$ 5.00$ 47,500.00$ 49.00$ 465,500.00$ 0.35$ 20,650.00$ 0.70$ 41,300.00$ 0.40$ 23,600.00$ 0.50$ 29,500.00$ 1.85$ 49,025.00$ 2.45$ 64,925.00$ 2.00$ 53,000.00$ 2.00$ 53,000.00$ 0.95$ 2,850.00$ 1.35$ 4,050.00$ 1.00$ 3,000.00$ 1.00$ 3,000.00$ 2.45$ 8,109.50$ 3.00$ 9,930.00$ 3.00$ 9,930.00$ 20.00$ 66,200.00$ 27.25$ 1,526.00$ 80.00$ 4,480.00$ 30.00$ 1,680.00$ 70.00$ 3,920.00$ 1,950.00$ 31,200.00$ 1,800.00$ 28,800.00$ 2,000.00$ 32,000.00$ 3,850.00$ 61,600.00$ 6,000.00$ 6,000.00$ 10,000.00$ 10,000.00$ 800.00$ 800.00$ 500.00$ 500.00$ Cost Total Cost Total Cost Total Cost Total Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost 25,000.00$ 25,000.00$ 27,000.00$ 27,000.00$ 20,000.00$ 20,000.00$ 55,000.00$ 55,000.00$ 34.00$ 83,300.00$ 41.00$ 100,450.00$ 30.00$ 73,500.00$ 50.00$ 122,500.00$ 33.00$ 121,374.00$ 34.00$ 125,052.00$ 33.00$ 121,374.00$ 40.00$ 147,120.00$ 30.00$ 6,600.00$ 29.00$ 6,380.00$ 30.00$ 6,600.00$ 35.00$ 7,700.00$ 4,400.00$ 35,200.00$ 2,850.00$ 22,800.00$ 5,500.00$ 44,000.00$ 2,800.00$ 22,400.00$ 1,350.00$ 1,350.00$ 1,250.00$ 1,250.00$ 1,700.00$ 1,700.00$ 1,700.00$ 1,700.00$ 20,000.00$ 20,000.00$ 5,000.00$ 5,000.00$ 20,600.00$ 20,600.00$ 2,200.00$ 2,200.00$ 5.00$ 865.00$ 12.00$ 2,076.00$ 32.00$ 5,536.00$ 11.00$ 1,903.00$ 34.00$ 6,528.00$ 57.00$ 10,944.00$ 64.00$ 12,288.00$ 42.00$ 8,064.00$ 500.00$ 500.00$ 134.00$ 134.00$ 615.00$ 615.00$ 60.00$ 60.00$ 560.00$ 1,120.00$ 170.00$ 340.00$ 470.00$ 940.00$ 75.00$ 150.00$ 4,500.00$ 9,000.00$ 2,650.00$ 5,300.00$ 5,100.00$ 10,200.00$ 4,100.00$ 8,200.00$ 3,000.00$ 3,000.00$ 950.00$ 950.00$ 2,500.00$ 2,500.00$ 1,650.00$ 1,650.00$ 1.05$ 6,665.40$ 1.00$ 6,348.00$ 2.00$ 12,696.00$ 6.00$ 38,088.00$ 314,024.00$ SEVENTH BIDDER 308,835.50$ SEVENTH BIDDER 320,502.40$ SIXTH BIDDER 254,848.00$ SIXTH BIDDER 332,549.00$ 216,602.50$ EIGHTH BIDDER NINTH BIDDEREIGHTH BIDDER 726,690.00$ NINTH BIDDER 416,735.00$ FIRST STREET / COIT ROAD IMPROVEMENTS First Street - Craig Street to East of Coit Road Coit Road - US Highway 380 to North of First Street Project Quantity Unit AL1 Irrigation Line (3/4" Class 200 PVC Purple)1600 LF AL2 Irrigation Line (1" Class 200 PVC Purple)200 LF AL3 Irrigation Line (1-1/4" Class 200 PVC Purple)200 LF AL4 Irrigation Line (1-1/2" Class 200 PVC Purple)200 LF AL5 Irrigation Line (2" Class 200 PVC Purple)1000 LF AL6 Irrigation Line (2-1/2" Class 200 PVC Purple)250 LF AL7 PVC (Sch 40)(6" Sleeve)200 LF AL8 Remote Control Valve (1")10 EA AL9 Remote Control Valve (2")20 EA AL10 Quick Coupling Valve 2 EA AL11 2" Backflow Connection Assembly 2 EA AL12 Weather Station Assembly 2 EA AL13 Lawn Spray Head Assembly 40 EA AL14 Rotary Spray Head (Part Circle) Assembly 80 EA AL15 Rotary Spray Head (Full Circle) Asembly 40 EA AL16 Valve Wiring (UF - 12 Gauge)8000 LF AL17 Copper Service Line (2")100 LF AL18 Master Valve / Hydrometer IS-BM-20 2 EA AL19 Pressure Reducing Valve (2")5 EA AL20 Gate Valve (2")4 EA AL21 Gate Valve (2-1/2")2 EA AL22 Tapping Sleeve (2" x Linesize)2 EA AL23 Water Meter (2")4 EA AL24 Remove & Replant Existing Tree (7" Diameter or Less)14 EA AL25 Remove & Replant Existing Tree (8" - 12" Diameter)8 EA AL26 Plant Material (Tree)(Live Oak)(Min 4" Diameter)4 EA AL27 Plant Material (Tree)(Live Oak)(Min 8" Diameter)4 EA AL28 Plant Material (Tree)(Ash)(Min 8" Diameter)4 EA AL29 Plant Material (Tree)(White Elm)(Min 8" Diameter)2 EA AL30 Plant Material (Tree)(Crepe Myrtle)(Min 8" Diameter)10 EA AL31 Plant Material (Tree)(Cedar)(Min 4" Diameter)2 EA AL32 Plant Material (Tree)(Cedar)(Min 10" Diameter)2 EA AL33 Plant Material (Shrub)(2 Gal)50 EA AL34 Plant Material (Shrub)(5 Gal)25 EA AL35 Plant Material (Shrub)(15 Gal)15 EA AL36 Mulch 100 CY AL37 Plant Soil Mix 100 CY Total Irrigation / Landscape Allowance Bid Amount Total Project Bid Amount Item Description Irrigation / Landscape Allowance (Allowance Bid for Replacement / Repair of Exist Irrigation & Landscape) Item # SEVENTH BIDDER Glen Thurman Inc. PO Box 850842 SIXTH BIDDER Haydon Building Corp. 4640 E. Cotton Gin Loop Phoenix, Arizona 85040 EIGHTH BIDDER AUI Contractors 4775 N. Freeway NINTH BIDDER Jagoe Public Utilities PO Box 250 Mesquite, Texas 75185 Fort Worth, Texas 76106 Denton, Texas 76202 Cost Total Cost Total Cost Total Cost Total Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost 0.25$ 400.00$ 0.20$ 320.00$ 0.50$ 800.00$ 0.69$ 1,104.00$ 0.30$ 60.00$ 0.25$ 50.00$ 0.50$ 100.00$ 0.74$ 148.00$ 0.45$ 90.00$ 0.40$ 80.00$ 0.50$ 100.00$ 0.90$ 180.00$ 0.55$ 110.00$ 0.52$ 104.00$ 0.60$ 120.00$ 1.15$ 230.00$ 0.85$ 850.00$ 0.80$ 800.00$ 1.00$ 1,000.00$ 2.00$ 2,000.00$ 1.15$ 287.50$ 1.05$ 262.50$ 1.25$ 312.50$ 2.30$ 575.00$ 4.70$ 940.00$ 4.25$ 850.00$ 5.00$ 1,000.00$ 8.00$ 1,600.00$ 130.00$ 1,300.00$ 120.00$ 1,200.00$ 125.00$ 1,250.00$ 300.00$ 3,000.00$ 220.00$ 4,400.00$ 200.00$ 4,000.00$ 220.00$ 4,400.00$ 330.00$ 6,600.00$ 140.00$ 280.00$ 130.00$ 260.00$ 140.00$ 280.00$ 165.00$ 330.00$ 1,200.00$ 2,400.00$ 1,100.00$ 2,200.00$ 1,200.00$ 2,400.00$ 665.00$ 1,330.00$ 375.00$ 750.00$ 350.00$ 700.00$ 400.00$ 800.00$ 400.00$ 800.00$ 17.50$ 700.00$ 16.00$ 640.00$ 19.00$ 760.00$ 50.00$ 2,000.00$ 38.25$ 3,060.00$ 35.00$ 2,800.00$ 40.00$ 3,200.00$ 65.00$ 5,200.00$ 38.25$ 1,530.00$ 35.00$ 1,400.00$ 39.00$ 1,560.00$ 66.00$ 2,640.00$ 0.20$ 1,600.00$ 0.18$ 1,440.00$ 0.20$ 1,600.00$ 0.45$ 3,600.00$ 3.80$ 380.00$ 3.50$ 350.00$ 5.00$ 500.00$ 30.00$ 3,000.00$ 1,300.00$ 2,600.00$ 1,200.00$ 2,400.00$ 1,700.00$ 3,400.00$ 2,700.00$ 5,400.00$ 485.00$ 2,425.00$ 450.00$ 2,250.00$ 500.00$ 2,500.00$ 630.00$ 3,150.00$ 100.00$ 400.00$ 90.00$ 360.00$ 100.00$ 400.00$ 150.00$ 600.00$ 130.00$ 260.00$ 120.00$ 240.00$ 130.00$ 260.00$ 165.00$ 330.00$ 875.00$ 1,750.00$ 800.00$ 1,600.00$ 900.00$ 1,800.00$ 550.00$ 1,100.00$ 1,750.00$ 7,000.00$ 1,600.00$ 6,400.00$ 1,800.00$ 7,200.00$ 3,500.00$ 14,000.00$ 1,050.00$ 14,700.00$ 975.00$ 13,650.00$ 1,000.00$ 14,000.00$ 5,500.00$ 77,000.00$ 2,825.00$ 22,600.00$ 2,600.00$ 20,800.00$ 2,900.00$ 23,200.00$ 10,500.00$ 84,000.00$ 300.00$ 1,200.00$ 275.00$ 1,100.00$ 300.00$ 1,200.00$ 650.00$ 2,600.00$ 2,600.00$ 10,400.00$ 2,400.00$ 9,600.00$ 2,700.00$ 10,800.00$ 2,500.00$ 10,000.00$ 2,700.00$ 10,800.00$ 2,500.00$ 10,000.00$ 2,800.00$ 11,200.00$ 2,600.00$ 10,400.00$ 2,700.00$ 5,400.00$ 2,500.00$ 5,000.00$ 2,800.00$ 5,600.00$ 2,650.00$ 5,300.00$ 430.00$ 4,300.00$ 395.00$ 3,950.00$ 500.00$ 5,000.00$ 2,350.00$ 23,500.00$ 320.00$ 640.00$ 295.00$ 590.00$ 400.00$ 800.00$ 465.00$ 930.00$ 3,485.00$ 6,970.00$ 3,200.00$ 6,400.00$ 3,800.00$ 7,600.00$ 3,300.00$ 6,600.00$ 13.00$ 650.00$ 12.00$ 600.00$ 14.00$ 700.00$ 26.00$ 1,300.00$ 19.50$ 487.50$ 18.00$ 450.00$ 20.00$ 500.00$ 37.00$ 925.00$ 102.00$ 1,530.00$ 95.00$ 1,425.00$ 100.00$ 1,500.00$ 180.00$ 2,700.00$ 39.00$ 3,900.00$ 36.00$ 3,600.00$ 40.00$ 4,000.00$ 50.00$ 5,000.00$ 39.00$ 3,900.00$ 36.00$ 3,600.00$ 40.00$ 4,000.00$ 60.00$ 6,000.00$ TOTAL PROJECT 3rd BID 8,361,488.20$ SEVENTH BIDDER 111,471.50$ TOTAL PROJECT 3rd BID 8,280,336.05$ SIXTH BIDDER 121,050.00$ TOTAL PROJECT 3rd BID 8,439,525.55$ 125,842.50$ NINTH BIDDEREIGHTH BIDDER TOTAL PROJECT 3rd BID 8,827,903.10$ 295,172.00$ Contract Agreement 00500-1 00500 CONTRACT AGREEMENT AND BONDS STATE OF TEXAS § § COUNTY OF COLLIN § THIS AGREEMENT, made and entered into this_______ day of ______________A.D., 2011, by and between Mike Land of the Town of Prosper, County of Collin and State of Texas, acting through ________ thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and Tiseo Paving Co., of the County of Dallas and State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: Construction of a FIRST STREET (Craig Street to Coit Road) and COIT ROAD (US 380 to First Street) and all related site improvements and equipment. and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement; and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Supplementary Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the Plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by RLK ENGINEERING, INC., herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in a written notice to commence work and to substantially complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Supplementary Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this Contract, such payments to be subject to the General and Supplementary Conditions of the Contract. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. Contract Agreement 00500-2 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. ATTEST: Party of the First Part, OWNER By Signature Mike Land, Town Manager (SEAL) ATTEST: Party of the Second Part, CONTRACTOR By Signature Name and Title (please type or print) (SEAL) E FIRST ST S COIT RDLA CIMA BLV D LOVERS LNS PRESTON RDAMISTAD DRS CRAIG RDHAWTHORN DR MONTICELLO DR TEXANA DRCEDAR SPRINGS DR ESSEX DR CEDAR LAKE DR RICHLAND BLVD STILLHOUSE HOLLOW DR KIOWA DRWILLOWVIEW DRSHADOW HILL DRWILLOW RIDGE DRWILLOW RUNWILLOWMIST DR ROCK H ILL RD CAMDEN WAY MILLERS CREEK DR TWIN BUTTES DRWHITE RIVER DRWILLOWGATE DR THREE RIVERS DR DEL CA R M E N D RLANE STECH O D R NOCO N A D RHAYS RDLI V I N G S T O N D R LANCER LN A R R OW H E A D D R SOMERVILLE DR TWIN O A K S D RFIELD STPALO D U R O D R C A L A V E R A S C THUNTERS PLMARTIN CREEK DR DENTWOOD TRL WHISTLER LN MYSTIC WAYLOST CREEK DRDREXEL LNS PARVIN STB U F F A L O S P R I N G S D R TOWNLAKE DR PROSPER COMMONS BLVDGABLES DR COL D W A T E R D R CROSS TIMBERS DR CADDO CTBUCHANAN DRKNOLL TRLCHAP ALA CT HIDDEN BLUFF CT LI V I N G S T O N D R LA CIM A BL V DWILLOW R IDGE DR T OW N O F P RO S P E RT OW N O F P RO S P E R ¶The Town of Prosper has prepared this map or information for internal purposes only. It is made available under the Public Information Act. Any reliance on this map or information is AT YOUR OWN RISK. The Town of Prosper assumes no liability for any errors, omissions, or inaccuracies in the map or information regardless of the cause of such or for any decision made, action taken, or action not taken in reliance upon any maps or information provided herein. The Town of Prosper makes no warranty, representation, or guarantee of any kind regarding any maps or information provided herein or the sources of such maps or information and DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED AND IMPLIED, including the implied warranties of merchantability and fitness for a particular purpose. DISCLAIMER Coit Road & First Street Improvements U.S. 380 0 1,000 2,000500 Feet Prepared on 05/06/10 TOWN OF PROSPER, TEXAS RESOLUTION NO.11-65 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A CONTRACT AGREEMENT FOR CONSTRUCTION SERVICES FOR THE FIRST STREET (CRAIG STREET TO COIT ROAD) AND COIT ROAD (US380 TO FIRST STREET) BETWEEN TISEO PAVING CO., AND THE TOWN OF PROSPER. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a contract agreement for construction services for the First Street (Craig Street to Coit Road) and Coit Road (US 380 to First Street), between Tiseo Paving Co., and the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 8th day of November, 2011. _________________________ Ray Smith, Mayor ATTEST TO: _________________________ Amy Piukana, TRMC Town Secretary